TERMS OF SERVICE

Torque DMS - Garage Management Software Platform

Last updated: August 2025

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and Torque DMS ("Company," "we," "our," or "us") regarding your use of the Torque DMS garage management software platform and related services (the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. DESCRIPTION OF SERVICE

Torque DMS is a cloud-based garage management software platform that provides:

• Customer and vehicle management

• Booking and scheduling systems

• Invoice and estimate generation

• Parts inventory management

• Staff scheduling and time tracking

• Vehicle health check systems

• Integration with third-party services

• Business analytics and reporting

• Communication tools for customer engagement

3. ACCOUNT REGISTRATION AND ELIGIBILITY

3.1 Eligibility You must be at least 18 years old and have the legal authority to enter into contracts to use our Service. By using the Service, you represent and warrant that you meet these requirements.

3.2 Account Registration To access certain features, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.3 Account Responsibility You agree to:

• Provide accurate and up-to-date information

• Maintain the security of your login credentials

• Notify us immediately of any unauthorized access

• Accept responsibility for all activities under your account

4. SUBSCRIPTION AND BILLING

4.1 Subscription Plans We offer various subscription plans with different features and limitations. Current pricing and plan details are available on our website.

4.2 Billing

• Subscription fees are billed in advance on a monthly or annual basis

• All fees are non-refundable except as expressly stated in these Terms

• Prices may change with 30 days' written notice

• You authorize us to charge your payment method for all fees

4.3 Free Trial We may offer a free trial period. At the end of the trial, your subscription will automatically convert to a paid plan unless cancelled.

4.4 Late Payment If payment is not received when due, we may suspend your access to the Service until payment is made.

5. ACCEPTABLE USE POLICY

5.1 Permitted Use You may use the Service only for lawful business purposes in accordance with these Terms.

5.2 Prohibited Activities You agree not to:

• Use the Service for any illegal or unauthorized purpose

• Violate any applicable laws or regulations

• Interfere with or disrupt the Service or servers

• Attempt to gain unauthorized access to any part of the Service

• Upload malicious code, viruses, or harmful content

• Use the Service to send spam or unsolicited communications

• Reverse engineer, decompile, or disassemble any part of the Service

• Resell, rent, or sublicense access to the Service

• Use the Service to compete with us or develop competing products

6. DATA AND PRIVACY

6.1 Your Data You retain ownership of all data you input into the Service ("Customer Data"). We will process Customer Data in accordance with our Privacy Policy and applicable data protection laws.

6.2 Data Processing Agreement For customers subject to GDPR or other data protection regulations, our Data Processing Agreement governs the processing of personal data and forms part of these Terms.

6.3 Data Security We implement appropriate technical and organizational measures to protect your data, but cannot guarantee absolute security. You are responsible for maintaining appropriate security measures for your own systems.

6.4 Data Backup and Export We perform regular backups of your data. You may export your data at any time through the Service interface.

7. INTELLECTUAL PROPERTY

7.1 Our IP Rights The Service, including all software, content, trademarks, and other materials, is owned by us and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

7.2 Customer IP Rights You retain all rights to your Customer Data and any content you create using the Service.

7.3 Feedback Any feedback, suggestions, or improvements you provide regarding the Service may be used by us without restriction or compensation.

8. THIRD-PARTY INTEGRATIONS

8.1 Third-Party Services The Service may integrate with third-party services (such as Xero, QuickBooks, Stripe, etc.). Your use of such integrations is subject to their respective terms of service and privacy policies.

8.2 Third-Party Responsibility We are not responsible for the performance, security, or availability of third-party services or any data loss resulting from their use.

9. SERVICE AVAILABILITY AND SUPPORT

9.1 Service Availability We strive to maintain high availability but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice.

9.2 Support We provide customer support through various channels as described in our Service Level Agreement. Support levels may vary by subscription plan.

10. LIMITATION OF LIABILITY

10.1 Disclaimer of Warranties THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

10.3 Exclusion of Damages WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.

11. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from:

• Your use of the Service

• Your violation of these Terms

• Your violation of any third-party rights

• Your Customer Data or content

12. TERMINATION

12.1 Termination by You You may terminate your account at any time by cancelling your subscription through the Service interface or contacting customer support.

12.2 Termination by Us We may terminate your access immediately if you violate these Terms or for any other reason with 30 days' notice.

12.3 Effect of Termination Upon termination:

• Your access to the Service will cease

• You may export your data for 30 days after termination

• We may delete your data after the export period

• All payment obligations remain in effect

13. DATA RETENTION AND DELETION

13.1 Data Retention After account termination, we will retain your data for 30 days to allow for data export, then securely delete all Customer Data unless legally required to retain it.

13.2 Legal Compliance We may retain certain data longer if required by law or for legitimate business purposes such as fraud prevention.

14. COMPLIANCE AND REGULATORY

14.1 GDPR Compliance We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

14.2 Industry Standards We maintain appropriate security certifications and follow industry best practices for data protection.

15. DISPUTE RESOLUTION

15.1 Governing Law These Terms are governed by the laws of England and Wales.

15.2 Jurisdiction Any disputes shall be resolved in the courts of England and Wales.

15.3 Informal Resolution Before filing any legal action, you agree to attempt to resolve disputes through direct communication with us.

16. MODIFICATIONS TO TERMS

We may modify these Terms at any time. Material changes will be communicated with 30 days' notice. Continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

17. GENERAL PROVISIONS

17.1 Entire Agreement These Terms, together with our Privacy Policy and any other referenced agreements, constitute the entire agreement between you and us.

17.2 Severability If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver Our failure to enforce any provision does not constitute a waiver of that provision.

17.4 Assignment You may not assign these Terms without our written consent. We may assign these Terms without restriction.

17.5 Force Majeure We shall not be liable for any failure to perform due to circumstances beyond our reasonable control.

18. CONTACT INFORMATION

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

Email: privacy@torquedms.com Address: Timsons Business Centre, Bath Road, Kettering, United Kingdom, NN16 8NQ Phone: 07850401801

ACKNOWLEDGMENT

By using the Torque DMS Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

These Terms of Service are effective as of the date of your first use of the Service and remain in effect until terminated in accordance with these Terms.