Overview
These Terms of Use, together with the limited warranty available at (“Limited Warranty”), privacy policy available at (“Privacy Policy”), and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement.” This Agreement constitutes a legal agreement between you (“you”) and Eurotech Auto LLC, a Delaware corporation, including its subsidiaries or affiliated brands hereinafter referred to as “Eurotech Auto LLC,” “we” or “us”). This Agreement sets forth the terms of use (“Terms”) that govern the access or use by you of applications, websites, content, products, programs and services made available by Eurotech Auto LLC (the “Services”), including an agreement to engage in binding arbitration to resolve any disputes between us. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by this Agreement. If you do not agree to the Terms, you may not access or use the Services. The Terms, together with any Supplemental Terms (as defined below), expressly supersede prior agreements or arrangements with you, and supersede content or information you read or have access to at other places, such as our website, emails, or applications. Eurotech Auto LLC may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason or no reason.
Supplemental terms are any additional terms or policies applicable to a particular Service, including the Eurotech Auto LLC Privacy Policy, that are provided with that Service (“Supplemental Terms”). Supplemental Terms may include terms and conditions of any particular event, activity, program or promotion. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).
Eurotech Auto LLC may amend the Terms from time to time. Amendments will be effective upon Eurotech Auto LLC’s posting of such updated Terms or such amended Supplemental Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years old and are a legal adult in the jurisdiction in which you reside; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the Terms, and that you will so abide. If you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. The Services are not available to anyone under 18 years of age, or to any individual whose account has been terminated. Your account may not be used for Services to be performed for another person.
The Services
The Services constitute a technology platform including websites and mobile applications (the “Eurotech Auto LLC Platform”) that enables users to access a network of vehicle service providers (mechanics, technicians, inspectors, or other independent contractors) (“Technicians”), and/or to arrange for vehicle inspection, diagnosis, maintenance, repair, towing or related services (“Vehicle Services”).
License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.
Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership. The Services and all rights herein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product and service names, trademarks or services marks. All content appearing on the Eurotech Auto LLC Platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics and logos are trademarks, service marks, or trade dress (together, “Marks”) of Eurotech Auto LLC. Our Marks may not be used for any purpose except pursuant to our Trademark Usage Policy. All other Marks are the property of their respective owners and may not be used without their prior written consent.
Service Incidents. We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Eurotech Auto LLC shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Eurotech Auto LLC has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.
We will make reasonable efforts to keep the Services during our normal business hours days a week, except for: (i) planned downtime (of which we will endeavor to provide prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
User Account and Registration:
To access most features of our services, you’ll need to register and maintain a user account (“Account”). During registration, you’ll provide personal details like your name, email, address, vehicle information, and a valid payment method. It’s essential to keep this information accurate and up-to-date. Failure to do so may result in limited access or termination of your agreement with Wrench Inc. You’re responsible for all activity under your Account and must keep your username and password secure. Notify us immediately of any unauthorized Account use or security breach.
Scheduling a Job:
When requesting vehicle services (“Job”), you’ll specify the service type, location, and preferred date/time. You’re responsible for ensuring a suitable working location with proper access for our technicians. After submitting a Job request, we may provide pricing and available technicians. We reserve the right to adjust prices before billing. Any changes to the Job must be documented through our platform. Rescheduling may incur additional fees.
You agree to provide a safe working environment and cooperate with our technicians. While we aim to provide reliable technicians, their availability may vary. If you supply parts, our warranty doesn’t cover them, and inaccurate parts may impact pricing and completion time.
Communications:
By using our services, you consent to receive communications from us via email, text, calls, and push notifications. You may opt out of text messages, but this may affect service use. We may mask your phone number when communicating with technicians and use the data for legitimate business purposes. You can unsubscribe from promotional emails at any time.
Promotional Codes:
We may issue promotional codes subject to specific terms. These codes are for intended use, non-transferable, and may expire. We reserve the right to interpret and modify code usage.
User Content:
You may submit text, audio, or visual content related to our services. By providing content, you grant us a broad license to use it for various purposes. You’re responsible for ensuring your content doesn’t infringe on others’ rights or violate laws.
Network Access and Devices:
You’re responsible for the necessary hardware, devices, and internet access to use our services. We’re not liable for malfunctions or delays inherent in electronic communications.
Payment Terms:
Using our services may incur charges, including taxes. We record and validate payment methods, and you authorize payment according to our terms. Charges are final and non-refundable, subject to our discretion. We may adjust charges or add fees for additional services or changes.
Termination:
We may terminate or suspend your account for any reason with notice. You may terminate by ceasing service use, provided no outstanding services are under your account.
Rescheduling and Cancellation:
Rescheduling and cancellation may incur fees based on timing. Technicians may also cancel jobs, and we’re not liable for any resulting inconvenience.
Gift Cards:
Our gift cards are for eligible services and cannot be transferred or redeemed for cash. We’re not responsible for lost or unauthorized use.
Inspection and Diagnosis:
Our inspections provide visual assessments based on technician expertise. We don’t guarantee state or SMOG inspection compliance. Diagnosis may require additional services, and subsequent repairs are subject to charges.
Pre-purchase Inspection:
Pre-purchase inspections provide visual assessments of vehicles, but changes may occur post-inspection. Inspections don’t guarantee vehicle condition or value. You’re responsible for all vehicle costs post-purchase.
Limited Warranty
The terms and conditions of our Limited Warranty are an integral part of this Agreement and are hereby incorporated by reference. We reserve the right to amend the Limited Warranty periodically. Your continued access or use of the Services after such amendments constitutes your consent to be bound by the terms of the Limited Warranty as amended.
Disclaimers
Except as provided in the Limited Warranty, the Service and parts are provided on an “as is,” “as available,” and “with all faults” basis, without any warranties or conditions, whether express, implied, or statutory. Your use of the Services is entirely at your own risk. We specifically disclaim any representation or warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, quiet enjoyment, and uninterrupted operation of the Eurotech Auto LLC platform. We make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any goods or services requested through the platform.
Limitations of Liability
You agree not to hold Eurotech Auto LLC (or its stockholders, affiliates, licensors, partners, members, directors, managers, officers, employees, agents, successors, assigns, and content providers (collectively, “Members”)) liable for any damages, expenses, losses, suits, claims, and/or controversies arising from or related to your use of or inability to use the Eurotech Auto LLC platform or any services, including without limitation any liabilities arising in connection with the conduct, act, delay of performance, or omission of any user or third-party provider (or any transaction or relationship between you and any third-party provider), any dispute with any user or third-party provider, any instruction, advice, act, or service provided by Eurotech Auto LLC or Members, and any destruction of your information.
Under no circumstances will Eurotech Auto LLC or Members be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, however caused and on any theory of liability, whether in an action for contract, strict liability, or tort (including negligence) or otherwise, including without limitation lost profits, lost earnings, lost data, personal injury, or property damage, whether or not we have been advised of the possibility of such damages. Eurotech Auto LLC and Members do not accept any liability with respect to the quality or fitness of any work performed in connection with the Eurotech Auto LLC platform.
The Eurotech Auto LLC platform is only a venue for connecting users. We are not responsible for assessing the suitability, legality, or ability of any third-party provider, and you expressly waive and release Eurotech Auto LLC from any and all liability, claims, or damages (actual, direct, or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way related to any third-party provider. We expressly disclaim any liability that may arise between you and any third-party provider. The quality of the services scheduled or requested through the use of the Eurotech Auto LLC platform is entirely the responsibility of the third-party provider who ultimately provides such services to you. You understand, therefore, that by using the Eurotech Auto LLC platform and third-party provider, you may be exposed to services that are potentially dangerous, offensive, harmful, unsafe, or otherwise objectionable, and that you use the Eurotech Auto LLC platform and third-party provider at your own risk. Nothing in this Agreement or the Eurotech Auto LLC platform constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional.
You acknowledge that third-party providers may not be professionally licensed or permitted. You agree that we have no responsibility or liability to you relating to vehicle services provided to you by third-party providers other than as expressly set forth in these terms.
Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that Eurotech Auto LLC or Members are liable for damages, in no event will the aggregate and total liability, whether arising in contract, tort, strict liability, or cause of action, exceed the amount invoiced for the associated job.
By using the Eurotech Auto LLC platform, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not believe they are reasonable, you must not use the Eurotech Auto LLC platform.
California Waiver. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
Indemnification. You hereby agree to indemnify, defend, and hold harmless Eurotech Auto LLC and Members from and against any and all claims, losses, expenses, liabilities, damages, or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Eurotech Auto LLC platform, and/or the Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including Technicians), and (v) your information and content that you submit or transmit through the Eurotech Auto LLC platform. Eurotech Auto LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Eurotech Auto LLC.
Dispute Resolution
Arbitration. Any dispute or claim relating in any way to your use of the Eurotech Auto LLC platform or any vehicle services will be resolved by binding arbitration, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Eurotech Auto LLC’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Eurotech Auto LLC’s Legal Department, located at [insert address]. The arbitration will be conducted in [insert location], by the American Arbitration Association (AAA) under its rules, including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
Contact Us
For any other query contact us at: support@eurotechautoexpert.com