Terms of Service

Rules and conditions for using Autivo’s Services, including our mobile and web applications.

These Terms of Service (“Terms”) govern access to and use of the websites, mobile applications, and related services offered by Autivo (“Autivo,” “we,” “us,” or “our”) (collectively, the “Services”), including the web application at https://app.autivoapp.com. By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

Not legal advice. Have counsel review these Terms for your business model, pricing, liability caps, dispute resolution, and industry-specific regulations.

1. The Services

Autivo provides software and tools intended to help automotive service businesses manage customer communications, scheduling, marketing, and related workflows. Features may change over time. We may modify, suspend, or discontinue parts of the Services with reasonable notice where practicable.

2. Accounts and eligibility

You must provide accurate registration information and keep it current. You are responsible for safeguarding passwords and for all activity under your account. Notify us promptly at legal@autivoapp.com of any unauthorized use.

3. Customer Data and your responsibilities

You may submit data about your business and your customers (“Customer Data”) through the Services. You retain ownership of Customer Data subject to the license you grant us below. You represent and warrant that:

You have all rights, consents, and legal authority necessary to submit Customer Data and to instruct us to process it;
Your use of messaging, telephony, email, or similar features complies with applicable laws and industry rules, including those relating to consent, do-not-call lists, anti-spam, and telemarketing (for example, the U.S. Telephone Consumer Protection Act (TCPA), CAN-SPAM, and state equivalents, where applicable);
You will honor opt-out, unsubscribe, and consent withdrawal requests from your customers and employees as required by law;
Customer Data does not violate law or third-party rights.

You will not use the Services to send unlawful, deceptive, harassing, defamatory, or malicious content. You are solely responsible for the content of communications you initiate through the Services and for your compliance with laws governing communications with consumers.

4. License to you

Subject to these Terms and your payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services during the subscription or order term solely for your internal business purposes.

5. License to us

You grant Autivo a worldwide license to host, copy, process, transmit, and display Customer Data only as reasonably necessary to provide, secure, and improve the Services and as otherwise described in our Privacy Policy. We may create aggregated or de-identified data that does not identify you and use it for analytics, benchmarking, and product improvement.

6. Acceptable use

You agree not to:

Violate law or third-party rights;
Probe, scan, or test the vulnerability of the Services without authorization;
Interfere with or disrupt the Services or servers or networks connected to the Services;
Attempt to gain unauthorized access to accounts, data, or systems;
Use the Services to develop a competing product or to reverse engineer our software except where prohibited by law;
Upload malware or harmful code;
Use the Services in any manner that could damage, disable, or overburden our infrastructure.

7. Third-party services

The Services may integrate with or link to third-party platforms (carriers, email providers, payment processors, etc.). Third-party services are governed by their own terms and privacy policies. We are not responsible for third-party services.

8. Fees and payment

If you purchase a paid subscription or other paid offering, fees, billing cycles, taxes, and payment methods are as stated at checkout or in an order form. Late payments may incur interest or suspension of access as permitted by law and your agreement. Unless otherwise stated, fees are non-refundable except where required by law.

9. Intellectual property

Autivo and its licensors own all rights in the Services, software, branding, and documentation, excluding your Customer Data. Except for the limited license in Section 4, no rights are granted to you. Feedback you provide may be used by us without obligation or compensation to you.

10. Confidentiality

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect confidential information and use it only for purposes of these Terms, subject to standard exceptions (public domain, independently developed, required by law).

11. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Autivo OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR LIABILITY THAT CANNOT BE LIMITED BY LAW (SUCH AS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO Autivo FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100) IF NO FEES WERE PAID. MULTIPLE CLAIMS DO NOT ENLARGE THIS CAP.

13. Indemnity

You will defend, indemnify, and hold harmless Autivo and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Data; (b) your use of the Services in violation of these Terms or law; (c) communications you send using the Services; or (d) a dispute between you and your customers or third parties.

14. Suspension and termination

We may suspend or terminate access to the Services if you materially breach these Terms, create risk or possible harm, or for extended non-payment. You may stop using the Services at any time. Provisions that by their nature should survive (including Sections 5, 9, 11–13, 15–18) will survive termination.

15. Governing law and venue

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. The state and federal courts located in Delaware will have exclusive jurisdiction for disputes arising out of or related to these Terms, subject to any injunctive relief we may seek in any court of competent jurisdiction. Update this section if your counsel prefers arbitration, a different state, or a consumer carve-out.

16. Export and sanctions

You may not use or export the Services in violation of U.S. or other export control or sanctions laws. You represent that you are not located in a country subject to embargo or designated as a prohibited party.

17. Apple App Store and Google Play

If you download our mobile application from the Apple App Store or Google Play, you acknowledge that: (a) these Terms are between you and Autivo, not with Apple or Google; (b) Apple and Google are not responsible for the app or its content; (c) Apple and Google have no obligation to furnish maintenance or support for the app; (d) to the maximum extent permitted by applicable store rules, Apple and Google have no warranty obligation; and (e) Apple, Google, and their subsidiaries are third-party beneficiaries of these Terms solely for purposes of enforcing their applicable store terms. You must also comply with the applicable App Store or Google Play terms of service.

18. General

Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Autivo regarding the Services, superseding prior understandings on the same subject. Additional terms on an order form prevail over these Terms to the extent of a conflict.
Assignment. You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger or sale.
Severability. If a provision is invalid, the remainder remains in effect.
No waiver. Failure to enforce a provision is not a waiver.
Notices. We may send notices to your account email or through the Services.

19. Contact

Questions about these Terms: legal@autivoapp.com