Last updated: Janurary 21st, 2024

AGREEMENT OVERVIEW:

These Terms of Use, together with the refund and returns policy, warranty policy and our privacy policy (all available at myautomedix.com/merchantpolicies), 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 ("Client," “Customer”) and AutoMedix Mobile Repair of 6000 Hott Springs Dr., Arlington, TX 76001 (herein referred to as "AutoMedix,” “we”, ‘us”, AutoMedix Mobile Repair”, “Business”). 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 AutoMedix (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. AutoMedix 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 or policies applicable to any particular Service (“Supplemental Terms”) will be disclosed to you. 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). AutoMedix may amend the Terms from time to time. Amendments will be effective upon AutoMedix'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 Client and Business may also be referred to as "Party" individually or "Parties" collectively. The term of this Agreement will remain in effect indefinitely. This Service Agreement will be presented to and signed by the Client prior to Service being performed on the Clients vehicle. By signing this Service Agreement, the Client agrees that they have been issued this Service Agreement and has had time to read and understand each clause of this Service Agreement prior to any Services performed by or debts paid to the Business. This Service Agreement will be applied to all current and future Services the above named Client hires the Business to complete and will survive the completion of all Services in the future to carry on to new Services that may be performed in the future. The Clients vehicle, parts, warranty, labor, taxes, fees, debts, payments and other information can be found on the invoice this Service Agreement is attached to. The Client also acknowledges that the Client may view a full list of terms and conditions at https://myautomedix.com/terms-and-conditions. In consideration of the matters described here within this Service Agreement and of the mutual benefits and obligations set forth in this Service Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Business agree as follows:

PAYMENT TERMS:

You understand that use of the Services may result in charges to you for the Vehicle Services you receive from a Technician (herein known as “Charges”). Charges may include any applicable federal, state and local taxes. At the time you schedule a Job, we may collect part or all of the estimated amount of repair. You authorize the payment of Charge(s) according to your preferred payment method (must be in the form of Cash, credit/debit card, CashApp or Afterpay), or, if applicable, the payment of a cancellation fee if you cancel the Job and the payment of rescheduling fee if you reschedule the Job. You agree not to make any alternative payment arrangement with the Technician who performs the Job. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.

After you have received Service(s) on your vehicle, we will facilitate your payment of the applicable Charges on behalf of the Technician, as such Technician's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Technician. Charges paid by you are final and non-refundable, unless otherwise determined by the Business. All Charges are due immediately if not prior to service. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may, as the Technician's limited payment collection agent, use a secondary payment method in your Account, if available.

Payment Methods: Payment(s) will be made to the Business via cash, debit or credit card, CashApp or Afterpay. Checks, property, exchange of services or gift cards will not be accepted as forms of payment under any circumstance. All payments will be made and recorded in USD (United States Dollars) currency. No other forms of currency will be accepted at any time.

Afterpay Service: "Buy now, pay later" service provided by Afterpay. You understand that the use of this service may result in an additional $50.00 fee. You also understand that Afterpay is a third party payment service and that AutoMedix is not responsible for, nor has any influence over, the terms of service, interest rates, additional fees or any other aspect of the Afterpay service and that this service is solely regulated by the third party Afterpay company. AutoMedix can neither approve or decline your application for the "buy now, pay later" service provided by Afterpay.

We reserve the right to establish, remove and/or revise Charges for any or all Vehicle Services at any time in our sole discretion. If a Technician changes the Vehicle Services needed, or adds additional Vehicle Services, you authorize the payment of updated or modified Charges. If the Technician determines that your car requires services other than the Vehicle Services you specified in your original Job Request or that the Technician is not able to perform such work, you may be charged a separate diagnosis fee as well as any other fee or service charge listed in this terms of service. By accepting an estimate or an invoice, or by paying an invoice, you hereby agree that you authorize all Services and items included in such estimate or invoice.

Amounts paid for special order parts, custom order parts, electrical parts, installed parts, labor and/or deposit(s) made are non-refundable. By paying a deposit or an invoice in partial or full, you understand and agree to these terms and agree not to hold AutoMedix Mobile Repair or its representatives liable for such charges. You also agree that, in the event of a credit or debit card chargeback, you are liable for debts owed to AutoMedix Mobile Repair. YOU UNDERSTAND THAT AUTOMEDIX MOBILE REPAIR MAY TAKE LEGAL ACTION AGAINST YOU IF DEBTS ARE NOT PAID IN FULL, INCLUDING A LIEN ON THE VEHICLE OR REPOSSESSION OF THE VEHICLE/INSTALLED PARTS ON WHICH REPAIRS WERE MADE IN ACCORDANCE WITH THE STATE OF TEXAS PROPERTY CODE, TITLE 5, SUBTITLE B. LIENS, CHAPTER 70, SUBCHAPTER A. POSSESSORY LIENS, SEC. 70.001 (a)-(g). A PAYMENT OF ANY AMOUNT WILL ACT AS A SIGNATURE FOR AN INVOICE.

ADDITIONAL EXPENSES, OUT OF SCOPE SERVICES:

Additional expenses may be assessed at the time a Service is being performed. These expenses may arise from issues being discovered that were not initially observed or were unable to be observed at the time the original Service was written (Out of Scope). In these cases, the Business or a representative of the Business, will notify the Client for such expenses. The Client will then be able to accept these additional Services or decline the additional Services. If the Client accepts any additional Services, the amount may be added to the current invoice or a new invoice at the Clients request. If the Client wants the additional Services performed at a later date, the additional Services will be on a new invoice. If the Client declines the additional Services, the Client will still be responsible for all debts owed on the original invoice in regards to the original Services, even at the expense that the vehicle may be unsafe or unable to operate until the additional Services are performed.

WARRANTIES:

The terms and conditions of our Limited Warranty are incorporated into this Agreement by reference. We may amend the Warranty from time to time. Warranties are only offered for parts provided by AutoMedix Mobile Repair. At no time will AutoMedix Mobile Repair warranty any customer supplied parts, "CSP" parts or "CSP Labor". All warranties offered cover a one-time, 100% free-of-charge replacement for a manufacturers defect. Warranties do not cover other reasons for part failure which include, but are not limited to, fluid leaks, negligence, tampering, modifications, improper usage or removal/installation by the client. Warranties also do not cover the Client having warranty repair done outside of AutoMedix Mobile Repair. Client understands that if they decide to have another shop or person make repairs to a part that is covered under any warranty covered by AutoMedix Mobile Repair, the warranty will be void and Client will be responsible for the payment of repairs made to the Clients vehicle by another shop or person, and that no refunds will be issued to the Client by the Business for parts or labor that were indicated on the original invoice when services were first performed by AutoMedix Mobile Repair.

REFUNDS:

All sales on parts, labor and fees are considered final and non-refundable. In the event of a credit/debit card chargeback, the Client understands and agrees that the Client will be responsible for any and all debts owed to AutoMedix Mobile Repair and that additional fees may be assessed to the Clients invoice or account to satisfy debts established in the process of the collection of previously owed debts.

AUTONOMY:

Except as otherwise provided in this Service Agreement or by law, the Business will have full control over working time, methods, and decision making in relations to provisions of the Services in accordance with this Service Agreement. The representative of the Business and the Business will work autonomously and not at the direction of the Client. However, the Business and the representative of the Business will be responsive to the reasonable needs and concerns of the Client. The Business and the representative of the Business will also complete any accepted Services within a reasonable amount of time, except in the instances where the safety of the Client or representative of the Business becomes a concern, or where the Business and/or it's representatives are required to leave in accordance with the law and property owner/management. In such events, the Client will be required to pay all debts for installed parts, applicable fees and any labor hours associated with installed parts.

USE OF THE PHOTOGRAPHS:

The Client hereby consents to and authorizes the use of the Photographs by the Business and the authorized representatives, licensees, successors, and assigns of the Business for any purpose whatsoever including without limitation: sale, reproduction in all media, publication, display, broadcast and exhibition for promotion, advertising, trade, art or illustration. The Business will have due regard to personal, identifying information such as addresses, license plates or landmarks that may identify the Client or the Clients residence or personal property when taking Photographs. The Client agrees the Photographs may be used without further compensation for an unlimited time and that this Agreement is irrevocable.

INDEMNIFICATION:

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, the Client agrees to indemnify and hold harmless the Business and it's respective affiliates, representatives and employees against any and all claims, losses, damage, liabilities, penalties and/or punitive damages, which result from or arise from any act or omission of the indemnifying party. The indemnification will survive the termination of this agreement.

SEVERANCE:

In the event any provision of this Agreement is determined to be void or unenforceable, such determination shall not affect the remainder of this Agreement, which shall continue to be in force. This provision and the obligations under this Service Agreement shall survive termination of the Service Agreement.

UPDATED SERVICE AGREEMENT:

This Service Agreement may be amended from time-to-time by AutoMedix Mobile Repair. In such events, a new Service Agreement will not be sent to the Client, unless the Client has requested the updated Service Agreement in writing, via email, by contacting [email protected]. The Client is responsible for understanding and reviewing new terms, conditions or fees outlined in this and future service agreements. The Client may access any updated Service Agreements by going to https://myautomedix.com/terms-and-conditions. An updated version of this Service Agreement will be posted if changes have been made to this original Service Agreement. The Client hereby understands and agrees to these terms.

AUTHORITY TO SIGN:

Each party has the authority to enter into this Service Agreement and to perform all of its obligations under this Service Agreement. The Representative with the authority to sign this Service Agreement may be one of the following:

Mike Master, CEO/Lead Tech

Crystal Harris, Owner