Terms of service

1. Acceptance of Terms

By accessing or using the RepairCMS software, a service of Candy Melon Software GmbH (“RepairCMS”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the service.

2. Definitions

• RepairCMS: The software and associated services provided by Candy Melon Software GmbH.
• User: Any individual or organization that registers for or uses the service.
• Ultimate FastPAY: The integrated online payment system within RepairCMS, operated by Stripe.
• Subscription: The plan that grants access to the paid features of RepairCMS.

3. Subject Matter of the Contract

Candy Melon Software GmbH offers an internet-based repair management software service. The contract includes the provision of software for use over the internet and the storage of customer data. This service is provided “as is” and “as available,” with no warranty of any kind.

4. Use of the Service

4.1 Eligibility and Account

You must be at least 18 years old to use the service. By registering for an account, you agree to provide accurate information and update it as needed. You are responsible for maintaining the confidentiality of your account and password.

4.2 License to Use the Service

Candy Melon Software GmbH grants you a limited, non-exclusive, non-transferable, and revocable license to use RepairCMS, subject to these Terms. This license is provided solely to enable you to use and enjoy the benefits of the service as offered by RepairCMS.

4.3 Copyright and Protection Rights

Candy Melon Software GmbH retains all copyright and performance protection rights to the programs, custom solutions, and their components developed for the User, including databases, designs, and associated documentation. Our labels, copyright notices, or ownership indications must not be removed or altered. All copyrights to the agreed services remain with us and our licensors. The User is granted only a license to use the software.

5. Subscription and Payment Terms

5.1 Subscription Terms

By subscribing to RepairCMS, you agree to pay all fees associated with your selected subscription plan. All fees are due in advance and are non-refundable unless required by law.

5.2 Pricing Plans

• Monthly Payments: You pay a fixed amount each month.
• Annual Payment (in advance): You pay for the entire year in advance, which includes a discount compared to the monthly payment plan. Both payment options require a commitment to a one-year term, which automatically renews unless otherwise specified.

5.3 Annual Subscriptions Commitment

Your subscription will automatically renew for another year unless you choose to cancel at least 1 month before the renewal date. If you opted for the monthly payment plan, monthly payments will continue. If you chose the annual payment plan, you will be billed for the annual prepayment again.

5.4 Early Termination

You may decide to terminate the subscription before the end of the current term (“Current Term”). However, RepairCMS does not grant refunds for prepaid fees or unused subscription fees. The user is obligated to pay any outstanding fees until the end of the current term.

5.5 Termination Procedures

The user can cancel their subscription by directly contacting the RepairCMS support team or selecting the cancellation option in their user account.

5.5 Index Adjustment

In the event of increases in wages, material costs, or other costs and fees that occur after the contract is concluded, Candy Melon Software GmbH is entitled to increase the specified flat rates accordingly. These increases will be billed to the customer from the beginning of the month following the increase. The customer is considered to have agreed to these increases from the outset, provided they do not exceed 10% per year.

5.6 Taxes

All fees are based on the current legal situation. Should tax authorities levy additional taxes or duties, these will be borne by the customer.

5.7 Payment of Fees

If you pay by credit card, you authorize us to charge your authorized payment method for all fees due during the subscription term. You also authorize us to engage a third party to process payments and agree to the sharing of your payment information with this third party. In the event of a failed attempt to charge your authorized payment method, we reserve the right to, and you authorize us to, re-attempt to charge your authorized payment method. If you update your authorized payment method, we will continue billing automatically. We may suspend your access or terminate your account if we are unable to successfully charge a valid authorized payment method.

5.8 Payment Information

You will keep your business information, including your company name, address, and primary contact, up to date. You will also keep your authorized payment method and billing information for incurred and recurring fees, including your tax information, up to date.

6. Service Suspension

6.1 Suspension Due to Prohibited Actions

RepairCMS reserves the right to suspend the user’s access to all or part of the subscription services without prior notice if:

(i) The user uses the service in a manner that violates applicable local, state, federal, or international laws or regulations or these Terms;

(ii) The user’s use of the service results in excessive email bounces, SPAM complaints via feedback loops, direct SPAM complaints to RepairCMS, or recipient requests for removal from a mailing list; or

(iii) The user repeatedly publishes or uploads material that infringes or allegedly infringes the copyrights or trademarks of a person or organization.

6.2 Suspension Due to Non-Payment

RepairCMS will notify the user of any overdue amounts under these Terms. If payment is not made within ten (10) days of this notice, RepairCMS may suspend the user’s access to all or part of the subscription services. RepairCMS will not suspend the service as long as the user disputes the appropriate fees in good faith and works cooperatively to resolve the dispute. If the service is suspended due to non-payment, RepairCMS may charge a reactivation fee to restore the service.

6.3 Suspension Due to Immediate Danger

If the user’s website or use of the service:

(i) Is the target of denial-of-service attacks or other disruptive activities;

(ii) Is used to conduct denial-of-service attacks or other disruptive activities;

(iii) Creates a security vulnerability for the service or others;

(iv) Consumes excessive bandwidth or storage space; or

(v) Causes harm to RepairCMS or others, RepairCMS may notify the user electronically or by phone and suspend access to all or part of the service. RepairCMS will use commercially reasonable efforts to limit the suspension to the affected part of the service, and both parties will use reasonable efforts to resolve the issues that led to the suspension promptly.

7. Ultimate FastPAY

Ultimate FastPAY is an integrated payment system within RepairCMS, operated by Stripe. By activating Ultimate FastPAY, you agree to:

• Complete the Stripe Connect Onboarding process to link your RepairCMS account with Stripe.
• Agree to the Stripe Terms of Service and pay all related transaction and application fees.
• Transaction and application fees are non-refundable, even in the event of a dispute.
• Manage payouts either through the Ultimate FastPAY payment dashboard or directly through your linked Stripe account. Stripe will require verification of your business details and bank account for disbursements. Stripe reserves the right to delay disbursements for up to 90 days.
• Ensure that the prices and services listed on your site comply with applicable laws and regulations. RepairCMS disclaims any liability arising from non-compliance with laws or regulations.
• At any time during the use of Ultimate FastPAY, you may disable payment processing by disconnecting your linked Stripe account.

8.  Support

8.1 Customer Service/Support

Customer service and support are included in all paid packages. Candy Melon Software GmbH will respond to customer inquiries regarding the use of the contractual software as quickly as possible after receipt.

9. Services not covered by this Agreement

9.1 Excluded Services

Unless expressly agreed otherwise in this Agreement, the following costs are not covered:

• Travel expenses, accommodation, and travel time for the staff of Candy Melon Software GmbH.
• Services related to changes in the operating system, hardware changes, or changes to interdependent software programs and interfaces.
• Custom program adaptations or new programming.
• Program changes due to changes in legal regulations that require adjustments to program logic.
• Costs incurred due to unauthorized use of services, billed at applicable rates.
• Correction of errors caused by actions of the customer or third parties.
• Losses or damages caused by actions or omissions of the customer or users during operation.
• Data conversions, data recoveries, and interface adjustments.

9.2 Changes by Third Parties

Candy Melon Software GmbH is released from all obligations under this Agreement if program changes to the contractually agreed software programs are made by employees of the customer or third parties without prior consent from Candy Melon Software GmbH, or if the software programs are not used for their intended purpose.

10. Service Disruptions

10.1 Service Performance

Candy Melon Software GmbH undertakes to provide the services in accordance with the contract. If services are not provided at the agreed times or are provided inadequately, Candy Melon Software GmbH is obliged to rectify the defect immediately and to provide the services properly and free of defects within a reasonable time.

10.2 Customer Contribution

If the defectiveness is attributable to the customer’s specifications or cooperation, any obligation to rectify the defects free of charge is excluded. In such cases, the services provided by Candy Melon Software GmbH are considered to have been performed in accordance with the contract. Upon request, Candy Melon Software GmbH will rectify the defect at the customer’s expense.

10.3 Definition of Defects

A defect is considered to exist if the software program exhibits behavior that deviates from the performance description in the latest version and this behavior can be reproduced by the customer.

11. Liability Disclaimer

11.1 General Limitation of Liability

Candy Melon Software GmbH is not liable for damages incurred by the customer or third parties from the use of the contractual services. This does not apply in the case of intent or gross negligence on the part of Candy Melon Software GmbH.

11.2 Disclaimer of Warranties

Any warranties regarding quality and fitness for a particular purpose are excluded to the extent permitted by law.

11.3 Exclusive Warranties

The services listed in this Agreement by Candy Melon Software GmbH are provided exclusively “as is.”

11.4 Limitation of Liability

To the extent permitted by law, RepairCMS and its licensors or service providers are not liable for direct, indirect, special, incidental, or consequential damages of any kind (including damages or loss of profits) related to the subscription services or these terms. This limitation of liability applies even if the possibility of such damages has been advised. The use of subscription services is at your own risk, and the customer is solely responsible for any damage, including data loss or disruption of computer systems, caused by the use of these services.

12. Publicity

You grant us the right to add your name and company logo to our customer list and website. You can opt out of this by contact the RepairCMS Support-Team.

13. Changes to these Terms

Candy Melon Software GmbH reserves the right to update or change these terms at any time. Users will be informed of significant changes by email or through a notice on the RepairCMS website. Continued use of the service after such changes constitutes acceptance of the revised terms.

14. Applicable Law and Jurisdiction

These terms of service are governed by and construed in accordance with the laws of Austria. All disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in Austria.