Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and HailShopWare regarding the hailshopware.com software platform (the “Services”). By creating an account, clicking accept, or using the Services, you agree to these Terms, our Privacy Policy, Data Processing Addendum, and Acceptable Use Policy.

1. The Services

HailShopWare provides multi-tenant shop software for hail / auto repair workflows (leads, documents, e-sign, portals, optional email tools, billing). Features may change. We may suspend or discontinue features with reasonable notice when practicable.

2. Accounts & eligibility

• You must provide accurate registration information and keep credentials secure.
• Shop owners are responsible for their team members’ use of the account.
• You must be authorized to bind the shop business that uses the Services.

3. Customer data ownership (Shopify-style model)

Your shop owns its customers. Customer lists, CRM records, email relationships, VINs, insurance details, addresses, signatures, and related job data entered by your shop belong to your business relationship with those customers. HailShopWare hosts and processes that data solely to provide the Services.

• HailShopWare does not sell, rent, or broker your identifiable customer lists to third parties for money.
• You may export your shop data where the product provides export tools (CSV and related records as available).
• HailShopWare may use aggregated and de-identified platform statistics that do not identify your customers (for example industry benchmarks, product improvement, and AI model training on anonymized patterns), as further described in the Privacy Policy and DPA.

4. Consent warranty — shops obtain consent, not HailShopWare

When your shop enters a customer’s name, email, phone, or other contact data, or sends email or SMS through the Platform, your shop—not HailShopWare—obtains any required consent. You represent and warrant that you have obtained all legally required permissions and consent before uploading customer information or sending communications through the Platform.

Disputes between your shop and your customers (including spam complaints, TCPA/CAN-SPAM/CASL claims, privacy complaints, or contract disputes) are your responsibility. HailShopWare is a software provider, not a party to your customer relationships.

5. Mandatory communication consent tools

To protect customers and reduce spam risk, HailShopWare requires certain communication consent checkboxes on Authorization to Repair and other signing forms, and related portal flows. Shops may not remove, hide, or circumvent these platform requirements. Presence of tools does not guarantee legal compliance for every jurisdiction; shops remain responsible for counsel and compliance.

6. Emailer & anti-spam

The shop emailer is optional and locked until an owner or admin activates it by accepting shop warranties (checkboxes default to accepted for convenience; activation records your acceptance). Marketing and promotional sends are limited to recipients with recorded opt-in and contact acknowledgment, and may be further restricted by detected country/region. See Email & SMS compliance. You must include accurate sender identity, a valid physical postal address for commercial messages, and honor unsubscribe requests promptly.

Custom sending domains (SPF/DKIM/DMARC so mail comes from your shop domain) may be offered as infrastructure; until enabled, messages may send from platform infrastructure with your shop as Reply-To.

7. Acceptable use

You will comply with the Acceptable Use Policy. Without limiting that policy, you will not use the Services for unlawful spam, harassment, fraud, deceptive practices, malware, or to access another tenant’s data.

8. Payments

Paid plans are billed through Stripe. Fees are described at purchase. Except where required by law, fees are non-refundable. Taxes may apply. Failure to pay may result in suspension.

9. Intellectual property

HailShopWare and its logos, software, and documentation remain our property. You receive a limited, non-exclusive, non-transferable license to use the Services during an active subscription. Shop content remains yours (subject to the license needed for us to host and process it).

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation, or that e-sign documents will be enforceable in every jurisdiction. We do not warrant that your use of email/SMS tools will comply with every law applicable to your shop.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAILSHOPWARE AND ITS OWNERS, OFFICERS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, DATA, OR BUSINESS, ARISING FROM THE SERVICES OR THESE TERMS—INCLUDING CLAIMS BY YOUR CUSTOMERS ABOUT YOUR COMMUNICATIONS OR DATA PRACTICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO HAILSHOPWARE FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification (protecting the platform)

You will defend and indemnify HailShopWare and its owners against claims arising from: (a) your shop content and customer data; (b) your marketing, emails, or SMS; (c) your failure to obtain required consents; (d) your violation of law or these Terms; and (e) disputes between you and your customers, insurers, or vendors—except to the extent caused by our willful misconduct.

13. Accessibility

We strive to make the Services reasonably accessible. See our Accessibility Statement. Report barriers to contact.dallasreeldeal@gmail.com.

14. Termination & data export

You may stop using the Services at any time. We may suspend or terminate access for breach, non-payment, legal risk, or misuse. Where export tools are available, you should export your data before cancellation. Provisions that by nature should survive (including IP, disclaimers, limits, indemnity, data ownership acknowledgments) survive termination.

15. Governing law

These Terms are governed by the laws of the State of Texas, USA, excluding conflict-of-law rules, unless mandatory consumer law in your residence requires otherwise. Venue for disputes not subject to mandatory consumer protections shall be state or federal courts located in Texas, unless we agree otherwise in writing.

16. Contact

Questions: contact.dallasreeldeal@gmail.com.