This End User License Agreement and Terms of Service (this "Agreement") sets forth the legally binding terms between Transcendent Paintless Dent Removal, Inc., a Florida corporation d/b/a StormDataPro ("StormDataPro," "our," "us," or "we"), and the customer ("Customer" or "you") whose name appears on the registration form regarding your use of StormDataPro's hail repair and paintless dent repair shop management service (as it may be updated from time to time, the "Service") designed to enable end users to efficiently manage hail repair and PDR shop operations, including the associated web-based application (the "App") and website located at stormdatapro.com (the "Website"). StormDataPro provides the Service, Website, and the App to Customer solely on the terms and conditions set forth in this Agreement and on condition that Customer accepts and complies with them.
By registering for an account, accessing the App, or otherwise using the Website or Service, you agree, effective as of such date (the "Effective Date"), to be bound by this Agreement. You also agree to our Privacy Policy, which is incorporated herein by this reference, and consent to the practices concerning information collection, transmission, and use described in the Privacy Policy.
1 Provision of Service and License Grant
During the Term (as defined below), and subject to the terms and conditions of this Agreement, StormDataPro: (a) will provide Customer with access to the Service, and (b) hereby grants Customer, solely by and through its Authorized Users (as defined below), a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to access and use the App and Website on any compatible device that Customer owns or controls.
2 Cooperation
Customer shall cooperate with StormDataPro as may be reasonably required to enable the provision of the Service, the Website, and the App. Customer hereby grants to StormDataPro a non-exclusive license to use Customer's trademarks, service marks, and other applicable proprietary rights (collectively, "Customer Properties") as may be reasonably necessary or helpful in connection with the provision of the Service hereunder.
3 Representations About Customer
Customer represents and warrants to us that it has the power and authority to enter into this Agreement, and that the information it provides to us about Customer or its account in connection with the Service will be current, true, accurate, supportable, and complete.
4 TCPA Consent & Privacy
Notwithstanding any current or prior election to opt in or opt out of receiving automated telephone calls, SMS messages, or other messaging from us, our agents, representatives, affiliates, anyone calling on our behalf, or our service providers regarding the Service, Customer expressly consents to be contacted by us, our agents, representatives, affiliates, anyone calling on our behalf, or our service providers for any and all purposes arising out of or relating to the Service, at any telephone number Customer provides, or any physical or electronic address you provide or at which you may be reached.
You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You certify, warrant, and represent that the telephone numbers you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each telephone number you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by email using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law.
To the extent Customer is located in the State of Florida, Customer further acknowledges and expressly consents, in writing, to receive automated calls and text messages as described in this section, in compliance with the Florida Telephone Solicitation Act, Fla. Stat. § 501.059.
5 No Reliance on Data
Customer understands and agrees that all information and data provided to Customer during its use of the App, the Website, and the Service — including but not limited to estimate amounts, repair costs, labor times, insurance matrix pricing, and supplement values — are to be treated and interpreted as guidelines only and not as statements of fact. Customer understands and agrees that actual repair costs, insurance reimbursements, and labor times incurred by Customer may vary. StormDataPro makes no representation or warranty as to the accuracy of such information, or that any such information will form the basis for payment to Customer from any third-party insurance company, and that insurance company payments may vary from the suggested costs and times provided by StormDataPro.
6 Authorized Users
During the Term, Customer may allow its employees, subcontractors, and agents (referred to as "Authorized Users" in this Agreement) to use the Service on Customer's behalf. Examples of Authorized Users include Customer's administrative users who have authority to manage and administer Customer's account ("Admins") and Customer's PDR technicians, estimators, body technicians, R&I technicians, parts managers, salespersons, and other Customer-affiliated personnel ("Basic Users").
Any breach of this Agreement by an Authorized User, or any other person to whom Customer or an Authorized User may provide access to or use of the Service, Website, or App (whether such access or use is permitted by or in violation of this Agreement), will be deemed to be a breach by Customer, and Customer will be responsible and liable for all such actions or failures to take required actions.
Customer and Admins shall be solely responsible for managing and administering Basic User accounts, including issuing usernames and passwords. Customer and Admins shall be solely responsible for the security and confidentiality of Customer's account information, including usernames and passwords, and will ensure that no unauthorized third party uses Customer's account. Customer and Admins shall immediately notify StormDataPro in the event that Customer or an Admin becomes aware of any unauthorized access to the Service or any violation of the terms of this Agreement.
7 Reservation of Rights
You acknowledge and agree that the App and Service are licensed, not sold, to you and that nothing in this Agreement grants any right, title, or interest in or to the Service, the App, or any third-party materials contained therein, other than to use the App and the Service in accordance with the terms of this Agreement. We reserve all rights in and to the Service, Website, and the App and all related intellectual property not expressly granted under this Agreement.
"StormDataPro" and all associated logos displayed within the Service, Website, and the App are our trademarks (unless otherwise noted). Subject to the limited rights granted hereunder, Customer acknowledges and agrees that, as between Customer and StormDataPro, all right, title, and interest — including all copyright, trademark, patent, trade secret (including all modifications, improvements, upgrades, and derivative works thereof) and other intellectual property or proprietary rights related to the Service, Website, and the App — belong exclusively to StormDataPro. Customer shall honor and comply with any and all contractual, statutory, or common law rights of StormDataPro, as well as any applicable third parties, arising out of or relating to the provision or use of the Service, Website, or the App.
8 Feedback
If Customer or any Authorized User submits comments, suggestions, materials, or other feedback regarding the Service, Website, or the App to StormDataPro ("Feedback"), Customer hereby assigns to StormDataPro all right, title, and interest in such Feedback, and we are free to use the Feedback for any purpose without any attribution or compensation to you.
9 Restrictions on Use of the Service
Customer and Authorized Users may use the Service, Website, and the App solely for their respective intended purpose in accordance with this Agreement. Customer shall not, directly or indirectly, and shall not permit any Authorized User to:
- rent, lease, lend, sell, redistribute, reproduce, or sublicense the Service, Website, or the App;
- copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, Website, or the App, or any part thereof;
- integrate the Service, Website, or the App with other technology other than as expressly contemplated by our documentation;
- remove any proprietary notices from the Service, Website, or App;
- modify, translate, adapt, or otherwise create derivative works or improvements of the Service, Website, or App or any part thereof; or
- use the Service, Website, or App in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule.
Customer shall not exploit the Service, Website, or the App in any unauthorized way whatsoever, including but not limited to: (i) by trespass; (ii) by burdening network capacity or consuming a disproportionate share of the resources on which the Service, Website, or the App relies; or (iii) by utilizing the Service, Website, or the App in a way that unnecessarily interferes with the normal operation thereof.
10 Content and Services
The App provides access to the Website at stormdatapro.com and products and services accessible thereon. Certain features, functionality, and content accessible on or through the App may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by this Agreement and the Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of this Agreement and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain features and functionality.
11 Limitations on Availability
The Service, Website, and the App, or some aspects thereof, may not be available in all locations. We make no representation that the Service or the App is available or permitted in any particular location. Use of the Service, Website, and the App is void where prohibited. Customer uses the Service, Website, and the App at Customer's own initiative and is responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Service, Website, or the App as required by law.
12 Third-Party Materials
The App, Website, and Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services ("Third-Party Materials"). Customer acknowledges and agrees that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to Customer or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
13 Fees
In exchange for use of and access to the Service, Customer agrees to pay StormDataPro the applicable monthly fees per Authorized User account type (the "Fees") as set forth on our pricing page, without offset or deduction, in accordance with this Agreement; provided that if Customer registers for a Trial Service (as defined below), the Service will be offered to Customer free of charge for a period of seven (7) days beginning on the Effective Date.
Current fees are: $129.00 per month for the shop owner account, and $29.00 per month per seat for each additional Authorized User (including technicians, estimators, administrators, and all other non-owner roles). These fees are subject to change upon not less than sixty (60) days' prior written notice.
Fees are due each month, in advance, and are based on the number of active Authorized User accounts in the preceding month. Customer authorizes StormDataPro to charge the credit card or other electronic payment method on file with Customer's account for all Fees. Fees are payable in United States dollars and are exclusive of applicable sales, excise, use, or similar taxes. Customer shall pay all such taxes directly or to us as required by applicable law. Should Customer fail to pay any amount when due, StormDataPro may, at its discretion and in addition to other remedies it may have, suspend Customer's and Authorized Users' access to the Service until such amounts are paid in full.
14 Free Trial
If Customer registers for a free trial, StormDataPro will make the Service available on a trial basis ("Trial Service") for a period of seven (7) days from the Effective Date, or until the start date of any paid subscription to the Service, whichever is earlier. A valid credit card is required to begin the Trial Service and will be charged automatically at the conclusion of the trial period unless Customer cancels prior to the end of the trial period.
In addition to the disclaimers of warranty set out in this Agreement, Customer expressly acknowledges and agrees that all use of any Trial Service is at Customer's sole risk. StormDataPro reserves the right to terminate any Trial Service at any time.
15 Support, Maintenance, and Updates
During the Term of this Agreement, StormDataPro will use commercially reasonable efforts to provide Customer with email support related to the Service, Website, and the App. Scheduled system maintenance shall take place from time to time, and during such time the Service may be unavailable. Emergency maintenance may be required at other times in the event of system failure. We make no guarantees about uptime.
StormDataPro may, but is not required to, develop and provide App and Website updates from time to time, which may include upgrades, bug fixes, patches, other corrections, or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features or functionality. You agree that StormDataPro has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
16 Term
This Agreement and the license granted hereunder will commence on the Effective Date and will continue on a month-to-month basis until terminated as set forth below (the "Term").
17 Termination
Customer may cancel its subscription to the Service and terminate this Agreement at any time by providing written notice to StormDataPro, and such termination will be effective at the end of the then-current billing period. Notwithstanding anything to the contrary in this Agreement, StormDataPro reserves the right to suspend Customer's access to the Service or terminate this Agreement at any time upon notice to Customer if Customer violates the terms of this Agreement.
Upon expiration or earlier termination of this Agreement, the license granted hereunder shall also terminate and Customer shall cease using the Service, Website, and App. In no event shall termination relieve Customer of the obligation to pay any Fees payable to StormDataPro for the period prior to the effective date of termination. StormDataPro will have no liability for any damage, liabilities, losses, or other consequences that Customer or any Authorized User may incur as a result of such termination or suspension of service.
18 Effect of Termination
Upon termination of this Agreement: (i) all license and other rights granted to you under this Agreement will terminate, and (ii) Customer must cease all use of the Service, Website, and App. Customer's data will remain accessible for a period of ninety (90) days following the effective date of termination, after which StormDataPro may permanently delete such data.
Sections 7, 12, 13 (as to amounts owed as of termination), 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27, and any other right, obligation, or provision under this Agreement that by its nature should survive termination or expiration, shall survive any termination or expiration. All other rights and obligations shall be of no further force or effect.
19 Data Ownership and License
As between StormDataPro and Customer, Customer shall own all right, title, and interest in and to any data collected by StormDataPro from Customer and its Authorized Users in connection with their use of the Service, Website, and the App ("Data"), including all customer records, vehicle records, estimates, invoices, photographs, and documents uploaded by Customer.
To the fullest extent permissible under applicable law, Customer grants and agrees to grant to StormDataPro a non-exclusive, worldwide, irrevocable, transferable, sublicensable, royalty-free license to reproduce, distribute, and otherwise use Data in order to provide the Service, Website, and the App to Customer and its Authorized Users, and as necessary to monitor and improve the Service, Website, and the App.
Additionally, Customer grants and agrees to grant to StormDataPro a perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use Data to collect, develop, create, extract, or otherwise generate statistics and other information and to otherwise compile, synthesize, and analyze such Data ("Blind Data"). To the extent that StormDataPro collects or generates Blind Data, such Blind Data will be owned solely by StormDataPro and may be used for any lawful business purpose without a duty of accounting or obligation, provided that such Blind Data is not personally identifiable and does not identify the source of such Data.
20 Backup
21 Confidentiality
Customer acknowledges that the Service, Website, the App, the terms of this Agreement, and any other proprietary or confidential information provided to Customer by StormDataPro ("StormDataPro Confidential Information") constitute valuable proprietary information and trade secrets of StormDataPro. StormDataPro acknowledges that the Data provided to StormDataPro by Customer ("Customer Confidential Information") is the sole proprietary property of Customer.
Each party agrees to preserve the confidential nature of the other party's Confidential Information by retaining and using the Confidential Information in trust and confidence, solely for its internal use except as provided herein, and by using the same degree of protection that such party uses to protect similar proprietary and confidential information, but in no event less than reasonable care. Each party shall have the right to obtain injunctive relief (without having to post a bond) to prevent any breach or continued breach of this section.
22 Disclaimer of Warranties
23 Limitation of Liability
24 Indemnification
Customer shall indemnify, defend, and hold harmless StormDataPro, Transcendent Paintless Dent Removal, Inc., and their respective officers, directors, employees, agents, subcontractors, successors, and permitted assigns (each, a "StormDataPro Indemnitee") from and against any and all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification hereunder ("Losses"), incurred by a StormDataPro Indemnitee resulting from any third-party claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil, criminal, administrative, regulatory, or other, whether at law, in equity, or otherwise ("Action"):
- alleging that any intellectual property right or other right of any third party, or any law, is or will be infringed, misappropriated, or otherwise violated by any: (i) use or combination of the Service, Website, or App by or on behalf of Customer or any of its Authorized Users with any hardware, software, system, network, service, or other matter not provided by StormDataPro or authorized by this Agreement; or (ii) information, materials, or technology directly or indirectly provided by Customer or directed by Customer to be installed, combined, integrated, or used with, as part of, or in connection with the Service, Website, or App;
- relating to facts that, if true, would constitute a breach by Customer of any representation, warranty, covenant, or obligation under this Agreement;
- relating to negligence, abuse, misapplication, misuse, or more culpable act or omission (including recklessness or willful misconduct) by or on behalf of Customer or any of its Authorized Users with respect to the Service, Website, or App or otherwise in connection with this Agreement; or
- relating to use of the Service, Website, or App by or on behalf of Customer or any of its Authorized Users that is outside the purpose, scope, or manner of use authorized by this Agreement.
25 Export and Other Restrictions
Customer may not, directly or indirectly, use, export, or re-export the Service, Website, the App, or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the Service was accessed or obtained. The Service may not be exported or re-exported into any U.S.-embargoed countries or to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Service, Customer represents and warrants that it is not located in any such country or on any such list. Customer agrees that it will not use the Service, Website, or the App for any purposes prohibited by applicable law.
26 Force Majeure
Neither party shall be liable to the other or be deemed in default for failing to perform any obligation hereunder, other than the payment of monies, if such failure is caused solely by acts of God, civil commotion, strikes, terrorism, failure of third-party networking equipment, illegal acts of third parties, failure of the public internet or changes in the accessibility of third-party websites, power outages, labor disputes, governmental demands or restrictions, or any similar supervening conditions beyond the parties' respective control ("Force Majeure Event").
27 Governing Law and Venue
The laws of the State of Florida, excluding its conflicts of law rules, govern this Agreement and Customer's use of the Service, Website, and the App. Venue and jurisdiction of any lawsuit involving this Agreement exists exclusively in the state and federal courts in Escambia County, Florida, unless StormDataPro seeks injunctive relief that, in StormDataPro's judgment, would not be effective unless obtained in some other venue.
28 Miscellaneous
This Agreement constitutes the entire agreement between you and us regarding the subject matter hereof. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.
This Agreement will not be changed, modified, or amended except by a writing executed by both parties or if you electronically accept a subsequent agreement or amendment delivered via the Service, Website, or the App. We may freely transfer or assign this Agreement and any of our rights or obligations hereunder. Customer may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void.
If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Electronic signatures and electronic acceptance through the Service shall be deemed binding and equivalent to original signatures.
Questions about this Agreement?
Contact us at legal@stormdatapro.com or write to:
Transcendent Paintless Dent Removal, Inc. d/b/a StormDataPro
Pensacola, Florida