Terms of Service

These Terms of Service constitute a legally binding agreement between you (“User,” “you,” or “your”) and ShopMind (“Company,” “we,” “us,” or “our”) governing your access to and use of the ShopMind platform, including any associated software, APIs, and services (collectively, the “Service”).

By registering for an account, clicking “I agree,” or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

ShopMind is a cloud-based auto repair shop management platform that provides tools for job management, invoicing, parts and inventory tracking, customer relationship management, employee scheduling, digital inspections, SMS communications, AI-powered features, and related functionality (collectively, the “Service”).

The Service is offered on a subscription basis. Features available to you depend on your subscription plan. We reserve the right to modify, update, or discontinue features at any time, with reasonable notice where practicable.

We may offer a free trial period, during which you may access the Service subject to these Terms. After the trial period ends, continued use requires a paid subscription.

To use ShopMind, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must promptly notify us at legal@shopmindhq.com of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to maintain account security.

Each account is for a single shop location (unless you subscribe to an Enterprise Plus plan with multi-location support). You may invite team members to your account; you are responsible for their compliance with these Terms.

You must be at least 18 years old to create an account. By registering, you represent that you meet this requirement.

Free Trial. New accounts receive a 30-day free trial with full access to features of the selected plan. No credit card is required to begin a trial. At the end of the trial period, you must add a valid payment method to continue using the Service.

Subscription Plans. Paid subscriptions are billed monthly in advance. Pricing is as listed on our website at the time of purchase. We reserve the right to change pricing with at least 30 days' notice to existing subscribers.

Payment. By providing a payment method, you authorize us to charge applicable fees. All fees are in U.S. dollars and are non-refundable except as expressly stated in these Terms or required by law.

Cancellation. You may cancel your subscription at any time from your account billing settings. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until that date. We do not provide pro-rated refunds for unused portions of a billing period.

Failure to Pay. If payment fails, we will notify you and may suspend your account after a reasonable grace period. Your data is retained for at least 30 days after suspension to allow you to resolve payment issues.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Upload, transmit, or store malicious code, viruses, or any software intended to damage or gain unauthorized access to systems.
• Attempt to reverse-engineer, decompile, or disassemble any portion of the Service.
• Scrape, crawl, or otherwise access the Service through automated means without our prior written consent.
• Impersonate another person or entity, or falsely represent your affiliation with any person or entity.
• Use the Service to send unsolicited commercial messages (“spam”) or to harass, threaten, or harm any person.
• Exceed usage limits or access resources beyond those allocated to your subscription plan.
• Resell, sublicense, or otherwise commercialize access to the Service without our written authorization.

We reserve the right to suspend or terminate accounts that violate this policy, with or without notice.

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in our Privacy Policy.

You retain ownership of all data you upload or enter into the Service (“Your Data”). You grant us a limited, worldwide, non-exclusive license to process Your Data solely as necessary to provide the Service to you.

We implement industry-standard security measures to protect Your Data. However, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security.

Upon cancellation or termination of your account, we will retain Your Data for 30 days, after which it may be permanently deleted. You are responsible for exporting any data you wish to keep before cancellation.

ShopMind and all content, features, and functionality within the Service — including but not limited to software, text, graphics, logos, icons, and trademarks — are owned by or licensed toShopMind and are protected by applicable intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your internal business purposes, subject to these Terms.

You may provide feedback, suggestions, or ideas about the Service. You acknowledge that we may use any such feedback without obligation to you, and that we will own all intellectual property rights in any improvements or new features developed based on your feedback.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOPMIND AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE SERVICE 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.

Either party may terminate these Terms at any time. You may terminate by cancelling your subscription and ceasing to use the Service. We may terminate or suspend your access immediately, without prior notice or liability, if you breach these Terms or if we determine, in our sole discretion, that termination is necessary to protect the Service or other users.

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination — including intellectual property rights, disclaimers, limitations of liability, and governing law — will survive.

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes by emailing the address associated with your account and/or posting a notice within the Service.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must stop using the Service and cancel your subscription.

These Terms are governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Kansas for resolution of any disputes arising under or related to these Terms.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be considered a waiver of those rights.

If you have questions about these Terms, please contact us: