These Terms of Service (these “Terms”) are a binding agreement between Coblrshop Inc. (“Coblr,” “we,” “us,” or “our”) and the business that registers for or uses the Coblr platform (“you,” “your,” or the “Shop”). They govern your access to and use of the software platform available at app.getcoblr.com, together with any related websites, applications, tools, and services we provide (collectively, the “Service”).PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, CLICKING TO ACCEPT, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
1. The ServiceCoblr provides business-management software for repair businesses, including tools for point of sale, order and quote management, customer records and communications, email marketing, and business reporting. The Service is a software tool only. Coblr is not a repair business, does not perform repairs, and is not a party to any transaction between you and your customers.
2. Eligibility and AccountsYou may use the Service only for business purposes on behalf of a lawfully operating business, and only if the person accepting these Terms has authority to bind that business. You are responsible for maintaining the confidentiality of your account credentials, for all activity that occurs under your account (including activity by your employees and contractors), and for keeping your account information accurate and current. Notify us promptly at support@coblrshop.com if you suspect unauthorized use of your account.
3. Subscriptions, Fees, and BillingAccess to the Service may require a paid subscription. Applicable plans, fees, and billing frequency are presented at sign-up or otherwise agreed with you in writing. Unless stated otherwise, fees are charged in advance, are non-refundable, and subscriptions renew automatically until cancelled. By subscribing, you authorize us (and our payment processor) to charge your payment method on file on a recurring basis until you cancel. We may change our fees upon reasonable advance notice; changes take effect at your next renewal. You are responsible for all applicable taxes other than taxes on our income. If your account is past due, we may suspend or limit your access to the Service after notice to you.
4. Payments Between You and Your CustomersThe Service may include features that help you quote prices, request or record payment, or collect payment from your customers, including through integrated third-party payment processors. These features are tools made available for your convenience. Coblr is not a bank, payment processor, money transmitter, or escrow agent, and Coblr is not a party to any sale, repair, or payment transaction between you and your customers.Payment processing by Stripe.Payment processing services for Shops on the Service are provided by Stripe, Inc. and its affiliates (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”), available at https://stripe.com/legal/connect-account. By agreeing to these Terms or continuing to use payment features of the Service, you agree to be bound by the Stripe Services Agreement, as it may be modified by Stripe from time to time. As a condition of Coblr enabling payment processing through Stripe, you agree to provide Coblr with accurate and complete information about you and your business, and you authorize Coblr to share this information and transaction information with Stripe for purposes of onboarding, identity verification, compliance, and providing the payment processing services.
Payouts, holds, and reserves.Settlement and payout of funds from your transactions is performed by Stripe, not Coblr. Coblr does not control, and is not responsible for, the timing of payouts or any hold, reserve, offset, delay, or freezing of funds imposed by Stripe, a card network, or a financial institution. Coblr or Stripe may suspend or limit your access to payment features if fraud, unlawful activity, excessive disputes, or other risk or compliance concerns are suspected, or where required by Stripe, a card network, or applicable law.
Prohibited uses; card data.You may not use the payment features of the Service for any business or activity that is unlawful or that appears on Stripe’s list of restricted businesses (https://stripe.com/legal/restricted-businesses), which is incorporated by reference. You will not request, collect, write down, or store your customers’ full payment card numbers, security codes, or other cardholder data outside of the integrated payment flows provided through the Service — including on paper, in notes or messages, or in any other system — and you will comply with applicable card network rules and payment-security requirements (including PCI-DSS) that apply to your business. As between you and Coblr, you are solely responsible for any collection, storage, transmission, or other handling of cardholder data outside the Service, and Coblr has no responsibility or liability for — and you will indemnify Coblr against — any claim, fine, assessment, breach, or loss arising from your handling of payment card information.
Processing fees.Transactions processed through the Service may be subject to payment processing fees and any applicable platform fees, as presented at sign-up, in the Service, or in your plan terms. Such fees may be deducted from transaction proceeds before settlement to you.
You are solely responsible for collecting payment from your customers.Without limiting the foregoing, as between you and Coblr, you are solely responsible for:- Payment follow-up.
Following up with your customers regarding any unpaid, partially paid, declined, disputed, or otherwise outstanding amounts, including invoices, quotes, or payment requests created or sent through the Service.
- Effective payment processing.
Ensuring that payments from your customers are effectively and successfully processed, including correctly configuring your payment processor account, keeping it in good standing, confirming that each transaction completes, and promptly identifying and resolving any issue in processing a payment — including failed, delayed, declined, duplicated, or misdirected transactions — whether arising from the Service, a third-party payment processor, a card network, a bank, customer error, or otherwise.
- Disputes, chargebacks, and refunds.
All customer disputes, chargebacks, reversals, refunds, and related fees or penalties associated with your transactions.
- Records and reconciliation.
Verifying that payments you expect to receive have in fact been received, and reconciling amounts recorded in the Service against amounts actually settled to your accounts.
Coblr is not responsible for any payment issue arising from or in connection with your use of the Service.Coblr does not guarantee that any payment will be initiated, authorized, processed, settled, or received, and Coblr has no obligation to collect, pursue, or recover any amount owed to you by any customer, or to detect, prevent, or remedy any payment failure or error. Your use of any third-party payment processor is subject to that processor’s own terms, and any claim relating to processing errors or held, delayed, or lost funds must be pursued with the applicable processor or financial institution, not Coblr.
Pass-through amounts.If a payment processor, card network, bank, or other financial institution imposes on or recovers from Coblr any chargeback, reversal, refund, dispute fee, fine, penalty, or negative balance arising from your transactions or your account, you will reimburse Coblr for the full amount on demand, and Coblr may set off or deduct such amounts from any sums otherwise payable to you or invoice you for them.
5. Your Responsibilities and Acceptable UseYou are solely responsible for the operation of your business, including the quality of your repairs and services, the prices you charge, the accuracy of quotes and communications you send, your fulfillment and turnaround times, and your compliance with all laws applicable to your business (including consumer-protection, privacy, tax, and marketing laws such as those governing email and text-message communications).Customer communications and consent.The Service allows you to send emails, text messages, and other communications to your customers. You are solely responsible for those communications, including obtaining any consent required under applicable law (including the Telephone Consumer Protection Act, the CAN-SPAM Act, and similar state laws) before sending marketing or automated messages, honoring opt-out and unsubscribe requests promptly, and ensuring the content of your messages complies with applicable law. Coblr is not liable for claims arising from communications you send or cause to be sent through the Service.
Taxes on your sales.You are solely responsible for determining, collecting, reporting, and remitting all taxes applicable to your sales and services. Stripe, not Coblr, may issue tax reporting forms (such as Form 1099-K) with respect to payments processed through your connected account. Coblr does not provide tax, legal, or accounting advice.
You agree not to misuse the Service. Among other things, you will not: use the Service for any unlawful, fraudulent, or deceptive purpose; interfere with or disrupt the Service or attempt to access it by any means other than the interfaces we provide; reverse engineer, copy, resell, or sublicense the Service; upload malicious code; use the Service to send spam or communications that violate applicable law; or infringe the rights of any third party. We may suspend or terminate accounts that violate this section.
6. Your Data and Customer InformationAs between you and Coblr, you own the data you and your customers submit to the Service, including customer records, order details, images, and messages (“Shop Data”). You grant Coblr a non-exclusive license to host, process, transmit, display, and back up Shop Data as needed to provide, maintain, secure, and improve the Service and as otherwise permitted by our Privacy Policy. You represent that you have obtained any consents required to provide your customers’ information to us for these purposes. You are responsible for the accuracy and lawfulness of Shop Data.Aggregated and de-identified data.You agree that Coblr may create and use aggregated, anonymized, or otherwise de-identified data derived from Shop Data and from your use of the Service — data that does not identify you, your business, or any individual — for any lawful business purpose, including analytics, benchmarking, industry reporting, improving and developing the Service and other products and services, and training and improving machine-learning and artificial-intelligence models. Coblr owns such aggregated and de-identified data, will not re-identify it or represent it as attributable to you, and may retain and use it after termination of these Terms.
7. Intellectual PropertyThe Service, including all software, design, text, graphics, and trademarks (excluding Shop Data), is owned by Coblr or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your subscription, subject to these Terms. No other rights are granted. If you provide feedback or suggestions, we may use them without restriction or obligation to you.
8. Third-Party ServicesThe Service may interoperate with third-party products and services, such as payment processors, shipping carriers, and email or messaging providers (“Third-Party Services”). Third-Party Services are provided by their respective providers under their own terms, and your use of them is at your own risk. Coblr does not control and is not responsible for Third-Party Services, including their availability, accuracy, security, or performance, and Coblr is not liable for any loss arising from your use of or inability to use any Third-Party Service.
9. Service Availability and ChangesWe work to keep the Service available and reliable, but the Service is provided on an “as is” and “as available” basis. The Service may be interrupted or unavailable from time to time, including for maintenance, updates, outages affecting our hosting or other providers, or events beyond our reasonable control. We may modify, add, or discontinue features of the Service at any time. Where a change materially reduces the core functionality of a paid plan, we will use reasonable efforts to notify you in advance.Beta features.We may offer features identified as beta, preview, early access, or similar. Beta features are provided for evaluation, may be modified or discontinued at any time without notice, may contain errors, and are provided without any warranty or support commitment, notwithstanding anything else in these Terms.
10. No Guarantee of Business ResultsThe Service is a tool to help you run your business; it is not a guarantee of business outcomes. Coblr makes no representation or warranty regarding the volume of sales, orders, customers, revenue, or profits you may obtain in connection with your use of the Service, and you acknowledge that your results depend on factors outside Coblr’s control. Coblr is not responsible or liable for any lost sales, lost revenue, lost profits, missed business opportunities, or customer loss that you attribute to your use of, reliance on, or inability to use the Service, including in connection with any downtime, error, delayed or undelivered notification or message, payment feature, or discontinued functionality.
11. Disclaimer of WarrantiesTO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COBLR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DATA WILL BE ACCURATE OR PRESERVED, OR THAT ANY PAYMENT WILL BE PROCESSED OR RECEIVED.
12. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, COBLR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST SALES, LOST PROFITS, LOST REVENUE, LOST BUSINESS OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).WITHOUT LIMITING THE FOREGOING, COBLR WILL HAVE NO LIABILITY FOR: (A) ANY FAILURE BY ANY OF YOUR CUSTOMERS TO PAY YOU; (B) ANY PAYMENT ISSUE ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING ANY FAILED, DECLINED, DELAYED, DUPLICATED, OR MISDIRECTED TRANSACTION, WHETHER ATTRIBUTABLE TO THE SERVICE, A THIRD-PARTY PAYMENT PROCESSOR, OR OTHERWISE; OR (C) ANY LOST SALES, LOST REVENUE, OR OTHER BUSINESS LOSSES YOU ATTRIBUTE TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COBLR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO COBLR FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE, COBLR’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
13. IndemnificationYou will defend, indemnify, and hold harmless Coblr and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your business, including your repairs, services, pricing, and transactions with your customers; (b) any dispute between you and a customer, including regarding payment; (c) Shop Data; (d) your violation of these Terms; or (e) your violation of applicable law or the rights of a third party.
14. Term, Suspension, and TerminationThese Terms apply from the date you first accept them or use the Service and continue until your account is closed. You may cancel your subscription at any time as described in the Service or by contacting us; cancellation takes effect at the end of your current billing period unless stated otherwise, and fees already paid are non-refundable except where required by law. We may suspend or terminate your access to the Service if you materially breach these Terms, if your account is past due, if required by law, or if we discontinue the Service. In addition, we may terminate these Terms for any reason or no reason upon at least thirty (30) days’ prior written notice to you; in that case, we will refund you a pro-rata portion of any prepaid subscription fees covering the period after the effective date of termination. Upon termination, your license to use the Service ends. For a reasonable period following termination (at least thirty (30) days), we will make available a means for you to export your Shop Data, after which we may delete it in accordance with our data-retention practices. Sections that by their nature should survive termination (including Sections 4, 6, 7, and 10 through 17) will survive.
15. Governing Law and Dispute ResolutionThese Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules.Agreement to arbitrate.Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court. The arbitration will be conducted by a single arbitrator, in Philadelphia, Pennsylvania or remotely by agreement, and judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or confidential information.
Class-action waiver.ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL TO THE EXTENT PERMITTED BY LAW.
Opt-out.You may opt out of this arbitration provision by sending written notice to support@coblrshop.com within thirty (30) days of first accepting these Terms. If you opt out, or if the arbitration provision is found unenforceable, disputes will be resolved exclusively in the state or federal courts located in Philadelphia County, Pennsylvania, and each party consents to the personal jurisdiction of those courts.
16. Changes to These TermsWe may update these Terms from time to time. If we make material changes, we will provide notice, such as by email, an in-app notice, or posting the updated Terms with a new effective date. Changes take effect on the stated effective date, and your continued use of the Service after that date constitutes acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using the Service and may cancel your subscription.
17. GeneralThese Terms, together with any order form and our Privacy Policy, are the entire agreement between you and Coblr regarding the Service and supersede any prior agreements on that subject. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. Nothing in these Terms creates a partnership, joint venture, or agency relationship. Notices to you may be provided by email to the address on your account or through the Service.Electronic communications and signatures.You consent to receive communications from us electronically, including by email and through the Service, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You agree that your electronic acceptance of these Terms has the same force and effect as a handwritten signature.
18. ContactQuestions about these Terms can be sent to: