Terms of Service

1. Introduction

tekDrive, L.L.C. ("tekDrive," "we," "us," or "our") provides a software platform designed to support automotive repair shops and their personnel with media management, internal communication, workflow tools, integrations, and related services (the "Service").

These Terms apply to all users of the Service, including automotive repair shops, business owners, administrators, technicians, service advisors, managers, and any other individuals accessing the Service on behalf of a business.

2. Definitions

• "Service" means the tekDrive platform, including all features, tools, integrations, applications, and related services.
• "User" means any individual authorized to access the Service by a Shop.
• "Shop" means the automotive repair business or organization that has subscribed to or uses the Service.
• "Content" means all data, text, images, video, audio, documents, communications, call recordings, messages, metadata, and other information uploaded to, generated by, or processed through the Service.
• "Customer Data" means Content that relates to a Shop's customers, employees, or business operations.

3. Account Registration and Access

Access to the Service requires an account. Shops are responsible for:

• Authorizing Users who may access the Service
• Ensuring Users comply with these Terms
• Maintaining accurate and up-to-date account information

Shops are responsible for all activity that occurs under their accounts, whether authorized or unauthorized.

tekDrive is not responsible for internal access controls or employee management decisions made by a Shop.

4. User Responsibilities

Users and Shops agree to:

• Maintain the confidentiality of login credentials and access methods
• Use the Service only for lawful business purposes
• Ensure all Content uploaded or processed complies with applicable laws and regulations
• Obtain all necessary rights, permissions, and consents before uploading, recording, storing, or processing Content
• Ensure that customer, employee, and third-party data is collected and used lawfully
• Comply with all applicable privacy, labor, employment, and communications laws

Shops are solely responsible for how the Service is used within their organization.

5. Acceptable Use

Use of the Service is subject to tekDrive's Acceptable Use Policy ("AUP"), which is incorporated by reference into these Terms.

Users may not:

• Upload unlawful, harmful, defamatory, abusive, or unauthorized Content
• Use the Service for unauthorized surveillance or monitoring
• Circumvent security or access controls
• Introduce malware or exploit system vulnerabilities
• Use the Service to violate employment, labor, wiretapping, or data protection laws
• Interfere with or disrupt the Service or its infrastructure

tekDrive reserves the right to investigate violations and take appropriate action, including suspension or termination of access.

6. Data Privacy and Processing

tekDrive processes Content on behalf of Shops to provide the Service.

• Shops act as the data controller
• tekDrive acts as a data processor

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

By using the Service, you consent to our data practices as described in the Privacy Policy.

7. Monitoring, Communications, and Recordings

The Service may process:

• Internal messages and comments
• Uploaded media
• Text communications
• Call recordings
• Activity logs and usage data

Shops acknowledge and agree that:

• They are solely responsible for providing notice and obtaining consent from employees, customers, or third parties where required by law
• tekDrive does not determine whether consent is legally required
• tekDrive is not responsible for consent failures or unlawful monitoring by Shops

Use of monitoring or recording features is at the Shop's discretion and risk.

8. Content Ownership and License

Shops and Users retain all rights to their Content.

By uploading or generating Content through the Service, you grant tekDrive a limited, non-exclusive, worldwide license to host, store, process, transmit, and display Content solely for the purpose of providing, maintaining, and improving the Service.

tekDrive does not sell user data or use Content for unrelated purposes.

9. Data Retention and Deletion

tekDrive retains Content for as long as a Shop's account remains active, or as otherwise requested by the Shop, subject to legal, security, and operational requirements. For complete details, please see our Data Retention & Lifecycle Policy.

Upon account termination:

• Content may be retained for a limited period to allow data export or account recovery
• Backup copies may persist for a defined period as part of routine system backups
• Certain data may be retained as required by law or for legitimate business purposes

Deletion requests must be submitted through authorized support channels.

10. Third-Party Integrations

The Service may integrate with third-party platforms and services.

tekDrive is not responsible for third-party services, APIs, or platforms, and use of such services is subject to their own terms and policies.

tekDrive does not control, endorse, or assume liability for third-party systems.

11. Service Availability and Modifications

The Service is provided on an "as-is" and "as-available" basis.

tekDrive may modify, update, suspend, or discontinue features of the Service at any time. We will make reasonable efforts to provide advance notice of material changes when practical.

We do not guarantee uninterrupted availability or error-free operation.

12. Suspension and Termination

tekDrive may suspend or terminate access to the Service if we reasonably believe that:

• These Terms or the AUP have been violated
• The Service is being used unlawfully or fraudulently
• Continued use poses a security or legal risk
• Required fees remain unpaid

Termination does not relieve Shops of obligations incurred prior to termination.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied.

tekDrive disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Use of the Service is at your own risk.

14. Limitation of Liability

To the maximum extent permitted by law:

• tekDrive shall not be liable for indirect, incidental, special, consequential, or punitive damages
• tekDrive shall not be liable for loss of data, business interruption, or third-party claims
• tekDrive's total 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

15. Indemnification

Shops agree to indemnify and hold harmless tekDrive from claims arising out of:

• Use of the Service
• Content uploaded or processed
• Failure to obtain required consents
• Violations of law or third-party rights

16. Governing Law and Venue

These Terms are governed by the laws of the State of Mississippi, without regard to conflict of law principles.

Any disputes shall be resolved exclusively in the courts located within Mississippi.

17. Changes to These Terms

We may update these Terms from time to time. Updates will be posted on this page with a revised "Last Updated" date.

Continued use of the Service constitutes acceptance of updated Terms.

18. Contact Information

For questions regarding these Terms:

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