End User License Agreement

1. Agreement to Terms

By downloading, installing, accessing, or using any tekDrive software application ("Application"), you agree to be bound by this End User License Agreement. If you do not agree to the terms of this EULA, do not download, install, or use the Application.

This EULA is between you (either an individual or a single entity) and tekDrive, L.L.C. ("tekDrive," "we," "us," or "our"). This EULA supplements and is incorporated into the tekDrive Terms of Service, which also govern your use of the Service.

2. Definitions

• "Application" means the tekDrive software, including the iOS mobile application, web application, and any future client applications provided by tekDrive.
• "Service" means the tekDrive platform, including all features, tools, integrations, and backend services accessible through the Application.
• "User" means any individual authorized by a Shop to access the Application.
• "Shop" means the automotive repair business or organization that subscribes to the Service.
• "Subscription" means the active, paid plan purchased by a Shop through the tekDrive website (tekdrive.io) that grants access to the Service.
• "Device" means the smartphone, tablet, computer, or other electronic device on which you install or access the Application.

3. License Grant

Subject to the terms of this EULA, tekDrive grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the Application on Device(s) that you own or control
• Access and use the Application for your internal business purposes in connection with an active Subscription

This license is personal to you and may not be shared, sublicensed, or transferred to any third party without tekDrive's prior written consent.

4. License Restrictions

You may not:

• Copy, modify, or distribute the Application or any portion thereof
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application
• Rent, lease, lend, sell, sublicense, or transfer the Application to any third party
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Application
• Use the Application to develop a competing product or service
• Use the Application in any way that violates applicable laws or regulations
• Use automated systems to access the Application in a manner that exceeds reasonable use

5. Subscription and Access

The Application is a companion to the tekDrive platform. Access to the Application's features requires an active Subscription.

Subscriptions are purchased exclusively through the tekDrive website at tekdrive.io. The Application does not offer in-app purchases or subscriptions through the Apple App Store or any other app marketplace.

Without an active Subscription, the Application will have limited or no functionality. The Application serves as a mobile interface to the tekDrive platform for existing subscribers.

For pricing and subscription details, please visit our Pricing page.

6. Mobile Application

The tekDrive iOS application provides mobile access to the tekDrive platform, allowing authorized Users to:

• Capture and upload photos and videos of vehicle inspections
• View and manage repair orders and customer information
• Access internal communications and notifications
• Review digital vehicle inspections and service reports
• Manage workflow tools and shop operations on the go

The mobile application requires iOS 16.0 or later. Features may vary based on device capabilities and your Shop's Subscription plan.

7. Updates and Modifications

tekDrive may from time to time release updates, patches, or new versions of the Application. Updates may be required to continue using the Application and may be installed automatically depending on your device settings.

tekDrive reserves the right to modify, suspend, or discontinue the Application or any feature thereof at any time, with or without notice.

8. Data and Privacy

Your use of the Application is subject to our Privacy Policy, which describes how we collect, use, and protect your information.

The Application may access the following device features with your permission:

• Camera: To capture photos and videos for vehicle inspections and documentation
• Photo Library: To select and upload existing images for inspections and media management
• Push Notifications: To deliver real-time alerts for service updates, messages, and workflow events
• Network Access: To communicate with the tekDrive platform and sync data

You may manage these permissions through your device settings at any time. Disabling certain permissions may limit Application functionality.

9. Third-Party Services

The Application may integrate with or provide access to third-party services. Your use of such services is subject to their respective terms and privacy policies. tekDrive is not responsible for the availability, accuracy, or content of third-party services.

10. Intellectual Property

The Application and all copies thereof are proprietary to tekDrive and title thereto remains in tekDrive. All rights in the Application not specifically granted in this EULA are reserved to tekDrive.

The Application is protected by copyright laws, international treaty provisions, and other intellectual property laws. tekDrive, the tekDrive logo, and all related marks are trademarks of tekDrive, L.L.C.

11. Disclaimers

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

tekDrive does not warrant that the Application will be uninterrupted, error-free, or free of harmful components. You assume all responsibility and risk for your use of the Application.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEKDRIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OR INABILITY TO USE THE APPLICATION.

tekDrive's total aggregate liability shall not exceed the amount paid by the Shop for the Service during the twelve (12) months preceding the event giving rise to the claim.

13. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.

Upon termination:

• You must cease all use of the Application
• You must delete all copies of the Application from your Devices
• Any cached or offline data will become inaccessible

tekDrive may also terminate this EULA if your Shop's Subscription is canceled, expires, or is terminated for any reason.

14. Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict of law provisions. Any disputes arising under this EULA shall be resolved exclusively in the courts located within Mississippi.

15. Apple-Specific Terms

The following terms apply when you download the Application from the Apple App Store:

15.1 Acknowledgment

This EULA is between you and tekDrive, L.L.C. only, and not with Apple Inc. ("Apple"). tekDrive, not Apple, is solely responsible for the Application and its content.

15.2 Scope of License

The license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

15.3 Maintenance and Support

tekDrive is solely responsible for providing maintenance and support services for the Application. Apple has no obligation to provide any maintenance or support services for the Application.

15.4 Warranty

tekDrive is solely responsible for any product warranties, whether express or implied by law. In the event the Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application. To the maximum extent permitted by law, Apple has no other warranty obligations with respect to the Application.

15.5 Product Claims

tekDrive, not Apple, is responsible for addressing any claims relating to the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to legal or regulatory requirements; and (c) claims arising under consumer protection, privacy, or similar legislation.

15.6 Intellectual Property Claims

In the event of any third-party claim that the Application infringes that third party's intellectual property rights, tekDrive, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

15.7 Legal Compliance

You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

15.8 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

15.9 No In-App Purchases

The Application does not offer in-app purchases. Access to the tekDrive Service requires a Subscription purchased separately through the tekDrive website at tekdrive.io. Apple is not responsible for and has no obligation related to Subscription billing, refunds, or account management.

16. Contact Information

If you have questions regarding this EULA, please contact:

tekDrive, L.L.C.
30050 Huntt Rd, Mechanicsville, MD 20659
Email: support@tekdrive.net
Phone: (334) TEK-DRIV
Website: tekdrive.io