1. Acceptance of Terms
By accessing or using GarageTome, you agree to be bound by these Terms.
These Terms are written in English. Any translation is provided for convenience only and the English version shall prevail.
2. Description of Service
GarageTome provides a fleet management and operational tracking software platform.
We may modify, suspend, or discontinue any part of the service at any time.
GarageTome may modify, remove, or discontinue features, functionalities, or components of the Service at any time.
The Service is provided as a continuously evolving platform, and no specific features or functionalities are guaranteed to remain available.
Changes to the Service shall not entitle the customer to refunds or compensation.
GarageTome reserves the right to discontinue the Service entirely at any time.
In such case, reasonable notice may be provided where practicable.
GarageTome shall not be liable for any damages, losses, or business interruption resulting from the discontinuation of the Service.
3. Accounts
You are responsible for:
The customer is responsible for controlling access to its accounts.
Account sharing, credential misuse, or unauthorized access is the sole responsibility of the customer.
GarageTome shall not be liable for any damages resulting from compromised credentials.
- Maintaining account security
- All activities under your account
- Providing accurate information
4. Subscriptions and Payments
All payments are processed by Paddle as Merchant of Record.
GarageTome does not store or process payment details directly. All payment information is handled by Paddle.
Subscriptions renew automatically unless canceled prior to the billing date.
4.1 Plan Changes (Upgrades, Downgrades and Add-ons)
GarageTome allows customers to modify their subscription plans and purchased capacity ("add-ons") at any time, subject to the following conditions:
#### a) Upgrades
If the customer upgrades to a higher plan or increases capacity (including but not limited to users, assets, or storage):
#### b) Downgrades
If the customer downgrades to a lower plan or reduces capacity:
#### c) Add-ons and Variable Billing
Certain features or usage-based components may be billed as add-ons or variable charges.
GarageTome reserves the right to:
Any such changes will be communicated in advance where required by law.
#### d) Usage Restrictions on Downgrades
GarageTome may restrict or prevent downgrades if the customer's current usage exceeds the limits of the requested plan or capacity.
Examples include, but are not limited to:
The customer must reduce usage to comply with the target plan before a downgrade can be applied.
#### e) Scheduled Changes
Downgrades and capacity reductions may be scheduled and will take effect at the start of the next billing cycle.
GarageTome may display pending changes within the platform for transparency.
#### f) Billing Authority
All billing, proration, tax calculation, and payment processing are handled by Paddle as Merchant of Record.
GarageTome does not control tax calculations or final charge amounts applied by Paddle.
#### g) No Guarantee of Price Stability
GarageTome may change pricing, plan structure, or billing models at any time.
Such changes will not affect active billing periods but may apply upon renewal.
#### h) Disputes and Responsibility
The customer is responsible for reviewing plan changes before confirming them.
GarageTome shall not be liable for charges resulting from:
- The upgrade will take effect immediately.
- The customer will gain instant access to the new limits and features.
- A prorated charge may be applied for the remaining period of the current billing cycle.
- Charges will be calculated and processed by Paddle as Merchant of Record.
- The downgrade will not take effect immediately.
- The current plan and capacity will remain active until the end of the current billing cycle.
- The downgrade will be applied at the next renewal date.
- No refunds or credits will be issued for unused time in the current billing period, except where required by applicable law.
- Adjust pricing for add-ons
- Introduce new usage-based billing components
- Modify capacity limits associated with plans
- Number of active users exceeding the target plan limit
- Number of assets exceeding the allowed capacity
- Storage usage exceeding plan limits
- Customer-initiated upgrades
- Failure to downgrade before renewal
- Misunderstanding of plan limits or billing cycles
4.2 Price Changes and Notice
GarageTome reserves the right to modify subscription pricing, plan structures, and billing terms at any time.
#### a) Existing Subscriptions
Price changes will not affect the current billing period already paid by the customer.
New pricing will apply starting from the next billing cycle following the effective date of the change.
#### b) Notice
Where required by applicable law, GarageTome will provide reasonable prior notice of pricing changes.
Notice may be provided through:
#### c) Continued Use
Continued use of the service after the effective date of a pricing change constitutes acceptance of the updated pricing.
If the customer does not agree with the new pricing, they must cancel their subscription before the next billing cycle.
#### d) Promotions and Legacy Pricing
GarageTome may, at its sole discretion:
Nothing in these Terms guarantees permanent pricing.
#### e) Taxes
All applicable taxes are determined and applied by Paddle as Merchant of Record and may vary based on jurisdiction.
GarageTome is not responsible for changes in tax rates or tax calculations.
- Email communication
- In-app notifications
- Updates on the website
- Offer promotional or temporary pricing
- Maintain legacy pricing for certain customers
- Modify or discontinue promotions at any time
4.3 Billing Disputes and Chargebacks
The customer agrees to contact GarageTome support before initiating any dispute, chargeback, or reversal with their payment provider.
#### a) Resolution Process
GarageTome will make reasonable efforts to resolve billing issues in good faith.
#### b) Improper Chargebacks
If a customer initiates a chargeback without first contacting GarageTome:
#### c) Recovery Costs
GarageTome reserves the right to recover:
to the extent permitted by applicable law.
#### d) Evidence Submission
GarageTome may provide transaction records, system logs, and user activity as evidence to payment processors to dispute chargebacks.
#### e) Merchant of Record
All disputes related to payments are subject to Paddle’s policies and procedures as Merchant of Record.
- GarageTome reserves the right to immediately suspend or terminate the account
- Access to the service may be revoked without prior notice
- Any outstanding balances may become immediately due
- Chargeback fees
- Administrative costs
- Any associated losses
5. Free Trial
Trials may convert automatically into paid subscriptions unless canceled.
6. Acceptable Use
You agree not to:
- Use the service unlawfully
- Interfere with the platform
- Attempt unauthorized access
- Use the Service for fraudulent or deceptive activities
- Upload malicious code or attempt to disrupt systems
- Use the Service in a way that could harm GarageTome or other customers
- Circumvent usage limits or billing mechanisms
7. Customer Responsibility
You retain ownership of your data.
You are solely responsible for:
GarageTome does not validate or verify operational data.
The customer is solely responsible for all data and content uploaded to the Service.
GarageTome does not monitor or validate customer content and shall not be responsible for any errors, omissions, or legal consequences arising from such content.
- Data accuracy
- Compliance with laws
- Operational decisions
8. Third-Party Disclaimer
GarageTome is not responsible for the actions, services, or omissions of third parties, including but not limited to:
The platform is solely a management tool and does not certify mechanical, safety, or operational conditions.
- Workshops
- Maintenance providers
- Drivers
- Suppliers
9. Operational Disclaimer
GarageTome does not guarantee:
Users are solely responsible for safety, compliance, and operational decisions.
The Service does not constitute professional, mechanical, safety, or operational advice.
Customers should not rely solely on the Service for critical decisions.
All decisions based on the Service are made at the customer’s own risk.
- Accuracy of maintenance data
- Timeliness of alerts
- Prevention of failures
10. No Warranty
The service is provided “as is” and “as available”, without warranties of any kind.
Security measures described in any Security Policy are provided for informational purposes only and do not constitute contractual guarantees.
11. Limitation of Liability
To the maximum extent permitted by applicable law:
GarageTome shall not be liable for any:
including, but not limited to:
even if GarageTome has been advised of the possibility of such damages.
#### a) Cap on Liability
GarageTome’s total aggregate liability shall not exceed the total amount paid by the customer in the twelve (12) months preceding the event giving rise to the claim.
#### b) Essential Basis
The customer acknowledges that:
#### c) No Liability for Third Parties
GarageTome shall not be liable for:
#### d) No Warranty on Outcomes
GarageTome does not guarantee operational results, maintenance outcomes, or business performance.
- Indirect damages
- Incidental damages
- Consequential damages
- Special damages
- Punitive damages
- Loss of profits
- Loss of revenue
- Loss of data
- Business interruption
- Operational failures
- Vehicle damage or accidents
- The pricing of the service reflects this allocation of risk
- These limitations form an essential basis of the agreement
- Third-party providers
- External integrations
- Payment processors (including Paddle)
12. Indemnification
You agree to indemnify and hold harmless GarageTome from any claims arising from:
- Misuse of the service
- Violation of laws
- Third-party damages caused by your operations
13. Service Availability
We do not guarantee uninterrupted service.
14. Termination
We may suspend or terminate access at our discretion.
We are not liable for damages resulting from termination.
#### Additional Suspension Rights
GarageTome may suspend or restrict access immediately, without notice, if:
GarageTome shall not be liable for any damages resulting from such suspension.
- The customer violates these Terms
- There is suspected fraud, abuse, or illegal activity
- The customer creates risk or legal exposure for GarageTome
- Payment obligations are not met
15. Non-Critical Use
GarageTome is not intended for safety-critical or life-critical systems.
The Service must not be used in environments where failure could result in death, personal injury, or significant environmental or property damage.
16. Modifications
GarageTome may modify these Terms at any time at its sole discretion.
If changes are material, we will provide reasonable notice through the platform or via email.
The updated Terms will become effective on the date specified.
By continuing to use the service after the effective date, you agree to be bound by the updated Terms.
If you do not agree to the updated Terms, you must stop using the service.
Any service level descriptions or support expectations are provided for informational purposes only and do not constitute binding guarantees unless expressly agreed in writing.
17. Governing Law, Arbitration, and Dispute Resolution
#### a) Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Chile.
For customers located in the United States, applicable consumer protection laws may also apply.
#### b) Informal Resolution
Before initiating any legal proceeding, the customer agrees to contact GarageTome to attempt to resolve the dispute informally.
#### c) Binding Arbitration
To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service shall be resolved by binding arbitration on an individual basis.
Arbitration shall:
The arbitrator shall have exclusive authority to resolve any dispute, including the validity or enforceability of this arbitration clause.
#### d) Class Action Waiver
To the fullest extent permitted by law:
#### e) Exceptions
Either party may:
#### f) Jurisdiction (Fallback)
If arbitration is found unenforceable, disputes shall be resolved exclusively in the courts of Santiago, Chile.
#### g) Waiver of Jury Trial
To the maximum extent permitted by law, both parties waive any right to a trial by jury.
- Be conducted in English
- Be administered by a recognized arbitration provider
- Take place remotely or in a mutually agreed location
- You agree to resolve disputes only on an individual basis
- You waive any right to participate in a class action, collective action, or representative proceeding
- Bring claims in small claims court where applicable
- Seek injunctive or equitable relief for intellectual property or misuse of the service
18. Intellectual Property and License
All rights, title, and interest in and to the Service, including software, design, trademarks, and content, are and shall remain the exclusive property of GarageTome.
#### a) License
GarageTome grants the customer a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for internal business purposes.
#### b) Restrictions
The customer shall not:
#### c) Feedback
Any feedback provided may be used by GarageTome without restriction or compensation.
- Copy, modify, or create derivative works
- Reverse engineer or attempt to extract source code
- Resell, sublicense, or distribute the Service
- Use the Service to build a competing product
19. Data Access, Export, and Loss
The customer is responsible for maintaining backups of their data.
GarageTome may provide data export functionality where available, but:
Upon termination:
GarageTome shall not be liable for any loss of data.
- Data is provided "as is"
- No guarantee is made regarding format, completeness, or availability
- Data may be retained for a limited period
- After such period, data may be permanently deleted
20. Electronic Acceptance
By creating an account, clicking acceptance buttons, or using the Service, the customer agrees to these Terms.
Electronic acceptance shall have the same legal effect as a written signature.
GarageTome may log acceptance, including timestamp, IP address, account details, and system activity logs, as evidence of agreement.
Such records may be used as evidence in disputes, including billing and legal claims.
21. Force Majeure
GarageTome shall not be liable for any failure or delay resulting from events beyond its reasonable control, including:
Such events do not constitute a breach of these Terms.
- Natural disasters
- Internet outages
- Cyberattacks
- Government actions
- Third-party service failures
22. Assignment
The customer may not assign or transfer these Terms without prior written consent.
GarageTome may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
23. Severability and Waiver
If any provision is found unenforceable, the remaining provisions shall remain in full force.
Failure to enforce any right or provision shall not constitute a waiver of such right or provision now or in the future.
24. Entire Agreement
These Terms constitute the entire agreement between the customer and GarageTome regarding the use of the Service and supersede any prior agreements, communications, or understandings.
25. Contact
For questions about these terms, you can contact us at:
GarageTome
Email: legal@garagetome.com
Website: https://garagetome.com
