These Terms of Service ("Terms") form a binding agreement between you and ShopBooster ("ShopBooster", "we", "us", or "our") governing your use of the ShopBooster mobile applications, websites, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms.
You must be at least 18 years old and capable of entering into a binding contract to use the Service. If you use the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms.
To use most features, you must create an account. You agree to provide accurate, current, and complete information, to keep your login credentials secure, and to be responsible for all activity that occurs under your account. Notify us immediately at support@getshopbooster.com if you suspect unauthorized use of your account.
ShopBooster provides software tools for auto service businesses to manage appointments, customer communications, payments, and related operations. We may add, change, or remove features from time to time. We will use commercially reasonable efforts to give you advance notice of material changes.
You agree not to:
You retain ownership of the data you upload to the Service, including customer records, photos, and messages ("Customer Data"). You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and back up Customer Data solely to provide the Service to you.
You are responsible for ensuring you have all necessary rights and consents to upload Customer Data and to send messages to the recipients you choose. You represent that messages sent through the Service comply with all applicable laws, including obtaining required consents from message recipients.
Some features of the Service require a paid subscription. Subscription fees, billing frequency, and any free trial terms are presented at the point of purchase or in your account settings. Unless otherwise stated:
Payments made or accepted through the Service (including card and in-person card-reader payments) are processed by Stripe, Inc. and are subject to Stripe's terms and privacy policy. By using payment features, you authorize us and Stripe to charge or credit the payment method you provide. We are not responsible for errors, delays, or chargebacks that result from your payment processor.
The Service relies on third-party providers (including Stripe, Twilio, Plaid, Pusher, Apple, and Google) to deliver certain features. We are not responsible for the availability, accuracy, or behavior of third-party services. Your use of third-party services is subject to their own terms.
ShopBooster, including its software, content, design, trademarks, and logos, is owned by ShopBooster and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes, subject to these Terms. We reserve all other rights.
If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, worldwide, royalty-free license to use that feedback for any purpose without obligation to you.
We may suspend or terminate your account at any time if we reasonably believe you have violated these Terms, if your account presents a security risk, or if required by law. You may terminate your account at any time by deleting it through the app or by emailing support@getshopbooster.com. Upon termination, your right to use the Service ends immediately, and we may delete your data after a reasonable period.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE OR RELIABLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHOPBOOSTER OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100.
You agree to indemnify and hold ShopBooster harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, (c) Customer Data you upload, or (d) your violation of any third-party right or applicable law.
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Fresno County, California, and you consent to the personal jurisdiction of those courts.
We may revise these Terms from time to time. If we make material changes, we will notify you through the Service or by email at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
For questions about these Terms, contact:
ShopBooster
Email: support@getshopbooster.com
Address: 400 Park Avenue, Suite 102, Clovis, CA 93611