Terms Of Use

Last Updated on 3/1/24

TERMS OF USE

General Terms of Use

1. INTRODUCTION

This website, along with the products and services offered on this website, including, but not limited to, NextGear, MyShopManager and the Payment Services (as defined herein) (collectively, the “Services”) are made available to you in accordance with these terms and conditions of use (the “Terms”) by Bolt On Technology, LLC (“Bolt On”, “we”, “our”, “us”). These Terms, together with our Privacy Policy and all supplemental terms (as amended from time to time), policies and other documents that are expressly referenced in these Terms govern your use of the Services.

Please read these Terms carefully. These Terms form a legally binding contract between you and us. By downloading, accessing or otherwise using any Services in any way, you agree to be bound by these Terms.

2. CHANGES TO THESE TERMS

We may change these Terms to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations to the Services; (e) improvements for clarity and consistency; or (f) any other reason within our sole discretion.

Please check these Terms frequently. We will treat your continued use of the Services as acceptance of any changes made to the Terms from the previous version. If you do not agree with the changes you should stop using the Services.

3. USE RESTRICTIONS

Your permission to use the Services is conditioned upon the compliance with these Terms. You are entirely responsible for all content that you upload, post or otherwise transmit via the Services. You agree not to upload, post or otherwise transmit via the Services any content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to us or other users of the Services; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. We reserve the right to edit or remove content that violates these Terms or that contains third-party commercial advertisements.

You agree that you will not use the Services to: (i) transmit spam, bulk or unsolicited communications; (ii) pretend to be Bolt On or someone else, or spoof our or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Services; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Services; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users.

Text Message Communication Compliance and Prohibited Content
Bolt On Technology's platform facilitates text message communication between our clients and their customers. This feature requires adherence to strict content standards and compliance with the regulations of cellular carriers and our text messaging service providers.

Prohibited Content and Compliance
Users are prohibited from sending any content through text messages (SMS or MMS) that violate the standards set by cellular carriers, including T-Mobile's A2P 10DLC non-compliance rules, or the acceptable use and messaging policies of our service providers. Prohibited content includes, but is not limited to, the following categories:

Tier 1 ($2,000 Fine): Phishing, smishing, and social engineering tactics designed to deceive or manipulate recipients into sharing private information.
Tier 2 ($1,000 Fine): Illegal content, defined as content that is not federally legal and in all 50 states of the United States.
Tier 3 ($500 Fine): Violations concerning commercial messaging, including content related to sex, hate, alcohol, firearms, and tobacco (SHAFT) that does not adhere to federal and state laws and regulations, including age restrictions.

Fines and Penalties
Should any messages sent via our platform be detected as violating these standards, a Sev-0 violation will be issued, alongside a non-compliance fine. Our platform's text messaging service providers will pass these fines to Bolt On Technology, and we will, in turn, hold the responsible account liable for these fines.

Immediate Action
Upon detection of a message that violates these policies, our service providers will immediately block the offending messages. Bolt On Technology reserves the right to:

Suspend or terminate the user’s access to text messaging services immediately.
Recover any fines from the user, including legal and administrative fees incurred.
Report violations to the relevant authorities as required by law.

User Responsibility
Users are responsible for ensuring that all messages comply with these guidelines. It is crucial for users to understand the legal and regulatory standards applicable to text message communications and to implement rigorous content review processes to avoid sending prohibited content.

By utilizing our text messaging services, users agree to indemnify and hold Bolt On Technology, its affiliates, officers, agents, and employees harmless from any claims, demands, fines, or penalties resulting from breaches of these regulations, violations of law, or infringements on the rights of third parties related to the use of our text messaging services.

This section is vital for maintaining legal and ethical standards in communications facilitated by our platform and ensures compliance with regulatory requirements and respect for privacy and security standards.

4. CONTENT SUBMITTED TO BOLT ON

We do not claim ownership of the content you place on the Services and shall have no obligation of any kind with respect to such content. Unless otherwise stated herein, or in our Privacy Policy, any content you provide in connection with the Services shall be deemed to be provided on a nonconfidential basis. We shall be free to use or disseminate such content on an unrestricted basis for any purpose, and you grant us and all other users of the Services an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Bolt On, our affiliates, and third-party providers of any information that you may provide on the Services. As used herein, the term “Affiliate” shall mean any company that is a direct or indirect subsidiary of Bolt On or is otherwise related to Bolt On through common ownership of control.

5. TCPA COMPLIANCE

As part of the Services, you may be provided with an interactive communication platform to maintain communication with consumers through various means including sending and receiving text/SMS messages. In order to use those Services, you confirm that anyone you direct messages to be sent to previously agreed to be contacted by you via automated and prerecorded technology in accordance with the TCPA and have not withdrawn said consent. If a consumer ever requests to opt-out of receiving such communications, you confirm that you will immediately update the platform to note that such consumer has opted out.

You are responsible for retaining evidence of consent for at least 4 years. At our sole discretion and request, you shall provide evidence of any specific consent within seven (7) business days’ notice.

Sample opt-ins*:

• To more easily communicate without interrupting your day, and keep you informed of your vehicle while providing additional offers/discounts, you can opt-in by initialing or checking this box to receive periodic automated text/SMS messages at the number that you have provided from our company. Std. data/msg. rates apply and your consent is not a requirement to make future purchases. You can opt out at any time.
• I consent to receive phone sales calls and text messages – Msg and data rates may apply – from [company] relating to my vehicle on the number I provided above even if I am on a federal or State do not call registry. I understand these calls may be generated using an autodialer and may contain pre-recorded messages and that consenting is not a required condition of purchase.

6. CAN-SPAM COMPLIANCE

When sending e-mails using the Services, the following is required under the CAN-SPAM laws*:

1. Subject line must be accurate and not deceptive;
2. Text of email must be accurate and not deceptive;
3. Body of email must contain your company’s name and physical address. (no PO Boxes); and
4. Body of email must have a working opt-out link, to easily allow opt-out.

You may email market anyone or any company you want until they opt-out or request (in any manner) that you stop. You must remove the consumers who opts out within ten (10) business days of their request and ensure that the opt-out mechanism works for at least thirty (30) days after sending the e-mails. You cannot use IP address tricks, deviations (meaning routing the email through multiple servers to hide or avoid spam blockers) or flooding a company or person with emails to be harassing.

*While we may provide general information and advice based on what we have learned about the TCPA or CAN-SPAM laws, such matters should not be relied on and you should consult with your own attorneys, as well.

7. ONLINE CONTENT DISCLAIMER

All testimonials and case studies within the Services are, to the best of our ability to determine, true and accurate. They were provided willingly, without any compensation offered in return. These testimonials and case studies do not necessarily represent typical or average results. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Bolt On, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Bolt On.  We take no responsibility and assume no liability for any data that you or any other user or third party posts or sends over the Services.  Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services or transmitted to users.

8. INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP AND RESTRICTIONS

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download content owned by us on this website provided that: (a) the copyright notice pertaining to the content remains, and a permission notice (e.g., "Used with permission") is added to such content; (b) the use of such content is solely for personal and non-commercial use; (c) such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such content. This permission terminates automatically without notice if you breach any of the terms or conditions in these Terms. Upon termination, you must immediately destroy any downloaded and/or printed content.

You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content in the Services, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software we disclose to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE OR OTHER PROPRIETARY INTEREST IN ANY SERVICES OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BOLT ON.

We reserve the right to stop offering any Services at any time, either permanently or temporarily, at which point any license granted to you to use the Services or a part thereof will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services unless required by law.

9. FUNCTIONING OF THE SERVICES

We will use reasonable endeavors to maintain the operation of the Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, the Services and we may have to suspend operation of any Services without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside of our reasonable control.

We cannot guarantee that any Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular non-Bolt On approved software or connectivity services. We do not accept responsibility for such equipment, software or services. We also do not guarantee that the Services can be accessed in all geographic locations.

10. THIRD PARTY SITES AND TECHNOLOGIES

THE SERVICES MAY INCLUDE TECHNOLOGIES SUPPLIED BY THIRD PARTIES. WE MAKE NO PROMISES ABOUT THOSE THIRD-PARTY TECHNOLOGIES, PRODUCTS OR SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL.

ANY THIRD-PARTY TECHNOLOGIES SUGGESTED ARE NOT ENDORSED, CONTROLLED OR VERIFIED BY US. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY KIND AND WE ARE NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS, COST OR INCONVENIENCE CAUSED BY THE SUGGESTED TECHNOLOGIES. WE WILL NOT PROVIDE SUPPORT FOR ANY TECHNOLOGIES WHICH ARE NOT OUR OWN. WE EXERCISE NO CONTROL OVER THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED TECHNOLOGIES.

11. COMPLIANCE WITH LAWS

You represent and warrant that your use of the Services will comply with all applicable laws, rules and regulations, including, without limitation, data privacy and protection laws and United States export control and economic sanctions laws and regulations. If you are subject to regulations and you use the Services, we will not be liable if the Services do not meet those requirements. You agree, represent and warrant that (a) you will clearly post, maintain and abide by a privacy notice that complies with applicable laws, rules and regulations, (b) you will obtain and maintain all necessary permissions and valid consents to lawfully transfer data to us and to enable such data to be lawfully collected, processed and shared by us for the purposes of providing the Services, and (c) you will provide all necessary notices and obtain necessary consents required by applicable data protection and privacy laws to enable us to perform the Services.

12. INDEMNITY

You agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (a) your use of the Services, (b) your violation of any laws, rules or regulations (including, without limitation, data privacy and protection laws), (c) any misrepresentations by you, or (d) your breach of these Terms.

13. LIABILITY DISCLAIMER

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES AND THE CONTENT AVAILABLE ON THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES.

IN NO EVENT SHALL WE (NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Bolt On.

14. REFUNDS; SUBSCRIPTIONS; FEES; CANCELLATION

Refunds
All refund requests and claims for money-back guarantees, where applicable, must be submitted in writing via email to billing@boltontechnology.com. Unless you and Bolt On Technology agree otherwise in writing, payment obligations cannot be canceled, and all fees paid are non-refundable.

Subscriptions
Subscriptions for any Services allow you to receive such Services continuously or regularly over a determined period of time (a “Subscription Term”). A Subscription Term begins on the day the initial subscription installment payment or upfront lump-sum subscription payment is received by Bolt On Technology and, unless cancelled prior to the completion of the applicable Subscription Term (the “Renewal Date”), shall renew automatically as of the Renewal Date upon the same terms for which you initially subscribed. To change or cancel your subscription, contact billing@boltontechnology.com or our support team via the chat tool on our Website. However, please note that cancellation requests will take effect 30 days after being received. During this 30-day notice period, you will continue to be billed, and your access to the Services will remain active until the end of the term. You shall remain responsible for any payments due during this notice period. If you do not cancel a subscription prior to the completion of the applicable Subscription Term, you shall be deemed to have renewed your subscription, and we are authorized to charge you on the recurring basis for which you initially subscribed.

Fees
You agree to pay us the processing or other services fees in connection with the Services as set forth in your Bolt On Technology Account. Bolt On Technology reserves the right to make any changes or adjustments to such fees and/or payment terms in its sole discretion, and we will treat your continued use of the applicable Services as acceptance of any such changes or adjustments. If you do not agree with any such changes or adjustments, you should stop using the Services. These fees shall be subject to the terms and conditions set forth in this Section. None of the fees charged by us in connection with any one Service excuse your payment of any other fees you have agreed to pay us. See below for fee terms and conditions applicable to the use of the Payment Services.

CANCELLATION
If you have purchased a subscription to any Services, you can cancel your subscription by contacting billing@boltontechnology.com or our support team via the on-site chat tool and completing the formal cancellation form. Please be aware that cancellation requests will take effect 30 days after being received. During this 30-day notice period, you will continue to be billed, and your access to the Services will remain active until the end of the term. Any charges incurred during this notice period are non-refundable. All fees paid prior to the cancellation request are non-refundable unless you and Bolt On Technology agree otherwise in writing. The provisions of this section are subject to the terms set forth in our Payment Processing Terms. For cancellation policies applicable to Payment Services, please see our Payment Processing Terms.

16. PAYMENT PROCESSING

The provisions of this Section 16 set forth the terms and conditions that apply to your use of any mobile and technology-enabled payment services offered by Bolt On to commercial businesses (“Payment Services”) through our website (including, without limitation, www.boltontechnology.com and/or related websites, the “Website”), as well as the Bolt On software and mobile application, including, without limitation, all related software, hardware, algorithms and technology (such services, applications and the Website are collectively referred to as the “Platform”).

16.1. Third Party providers

Services, Providers & Terms

Certain functionalities available through or in connection with the Payment Services will be provided by third party providers and will require you to enter into ancillary agreements with such third parties directly in order to enable or access such functionality. For example, you are required to enter into a payment processing agreement with the Payment Processor in order to accept credit and debit card payments for goods or services from your customers through the Payment Services. Throughout these Payment Terms, such third party providers (including but not limited to the Payment Processor and Bank (each as hereinafter defined)) are referred to as “Third Party Providers”; the products and services provided by Third Party Providers are referred to as “Third Party Services”; and the agreement(s) that you enter into directly with such Third Party Providers with respect to Third Party Services (including the Merchant Agreement (as defined in Section 3 below)) are referred to as “Third Party Terms.” As used herein, the term “Payment Processor” shall mean a Third Party Provider designated by Bolt On that processes payment network card (e.g., Visa, Mastercard, Discover or American Express) Acceptance Transactions that may be a party to your Merchant Agreement, and the term “Bank” shall mean a Third Party Provider bank designated by Bolt On that may be a party to your Merchant Agreement.

Third Party Providers, and not Bolt On, provide the Third Party Services to you. The applicable Third Party Terms will control with respect to the applicable Third Party Services. Your use of the Third Party Services shall be subject to (and you agree you are bound by) such Third Party Terms as they may be modified from time to time, including, but not limited to, the Third Party Terms with Payment Processor. If you are processing through Stripe, Inc., you will be bound by the Stripe Services Agreement (United States) which is located at https://stripe.com/legal/ssa and the Stripe Connected Account Agreement which is located at https://stripe.com/legal/connect-account. You are required to agree to all Third Party Terms indicated by us in order to receive the Payment Services. Certain Third Party Terms may be posted or linked on the Website or in your personalized virtual account in the Platform to use the Payment Services upon approval of your Application (as defined in Section 16.4) (“Bolt On Account”). You are responsible for checking the Website for updates, and any use by you of any Third Party Services following a change to the respective Third Party Terms shall constitute acceptance of such change. You must not use the Payment Services for any activity prohibited by applicable law or any Third Party Terms. You are responsible for ensuring the information in your Account Profile (as defined hereafter) is accurate and complete at all times. As used herein, the term “Account Profile” shall mean location on the Platform where you can, after logging in, view and manage your profile, including your personal information (i.e. any personally identifiable information or other information, including for example: name, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information), Payment Instrument details (as hereinafter defined), and your Bolt On Account (as hereinafter defined) settings, including your notification preferences.

Third Party Permissions

You hereby authorize Bolt On to share any information you provide to us, including your Acceptance Transactions (as hereinafter defined), with Bank, the Payment Processor, or other Third Party Providers, and you authorize each Third Party Provider to share your information with us, in connection with your use and access of the Payment Services and/or Third Party Services, including instructing Third Party Providers to execute Transactions (as hereinafter defined) in accordance with your instructions and/or to issue credits or debits to the certain depository account owned and designated by you which is held at a financial institution (“External Account”). If you grant express permission to a Third Party Provider to take specific actions on your behalf, or access particular information about your Bolt On Account, either through your use of the applicable Third Party Service, or through your Bolt On Account, you acknowledge that Bolt On may disclose the information about your Bolt On Account that is specifically authorized by you, to such Third Party Provider. You also acknowledge that granting permission to a Third Party Provider to take specific actions on your behalf does not relieve you of any of your responsibilities under these Payment Terms. These authorizations are in addition to any collection and use of any information described in the Terms of Use and Privacy Policy. As used herein, the term “Acceptance Transactions” shall mean the credit and debit card payments that you accept from your customers in exchange for your goods and services that are submitted to Payment Processor for processing in connection with your Merchant Agreement, and the term “Transactions” shall mean Acceptance Transactions and Funds Transfer Transactions, collectively.

Third Party Interactions Generally

When you access third party websites or use Third Party Services, you acknowledge and accept that there are risks in doing so and that Bolt On is not responsible for such risks. We encourage you to be aware when you leave the Platform or access Third Party Services through the Platform and to read the terms and conditions and privacy policy of each third party website or Third Party Service that you visit or utilize.

You acknowledge and agree that Bolt On has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or Third Party Services or by any third party that you interact with through the Payment Services. By using the Payment Services, you release and agree to indemnify, defend and hold Bolt On harmless from any and all liability arising from your use of any of the foregoing. Similarly, you acknowledge that the Third Party Providers do not endorse and are not responsible for the Bolt On Payment Services.

When you access the website or platform of any Third Party Provider, you agree that you will abide by all terms of use applicable to such use or access. Third Party Services are not services of Bolt On and are not governed by these Payment Terms nor Bolt On’s Terms of Use nor Privacy Policy. Your use of any Third Party Service, including those linked from the Website or your Bolt On Account, is subject to that Third Party Service’s own terms of use and privacy policies (if any).

Third Party Fees; Indemnity

You are responsible for any fees, assessments, or other amounts charged by Bank, the Payment Processor, other Third Party Providers or any other third party in connection with your use of the Payment Services and/or any Third Party Services. Bank or other Third Party Providers may also impose Transaction limits, or other limitations. You agree to review any fees or terms imposed by Third Party Providers upon your use of Third Party Services. In addition to your indemnity obligations hereunder, you agree to indemnify, defend and hold harmless, Bolt On, its officers, directors, employees, agents and representatives from any and all claims, damages, obligations, losses, liabilities, costs or debit, and expenses (including reasonable attorney’s fees) and other amounts arising out of or related to: (i) your breach of Third Party Terms, (ii) any loss incurred or other amount due under Third Party Terms or otherwise to a Third Party Provider, (iii) any Chargebacks (as herein after defined) or returns of Acceptance Transactions, (iv) any authorized access or loss of your credentials of your account with any Third Party Provider, (v) your failure to comply with the terms of use of any Third Party Provider’s website or platform, and (vi) any assessment, fine or other amount imposed by a Third Party Provider or a payment network. For the avoidance of doubt, should any Payment Processor, Bank or other Third Party Provider collect from Bolt On any liability associated with your processing activity whether at their option or as a result of your failure to pay amounts due under your Third Party Terms, you agree unconditionally to indemnify, defend and hold us harmless for any amounts paid by us arising out of or related to your payment processing activity, even if you contend that the amount is incorrect, disputed or otherwise not due and payable to the Payment Processor, Bank or any such Third Party Provider. If you have granted Bolt On, Bank, the Payment Processor or other Third Party Processor with access to any of your bank accounts, you authorize us to debit the account(s) for any amounts Bolt On paid to Bank, the Payment Processor, or other Third Party Provider on your behalf or related to the Payment Services or other processing activity. As used herein, the term “Chargeback” shall mean a request that a cardholder files directly with its issuing bank to invalidate a transaction made with a credit or debit card.

Relationships with Third Party Providers

You acknowledge and agree that Bolt On is not a bank or other chartered depository institution. Any Transactions are between you, your customers, and the applicable Third Party Provider only and not with Bolt On or any Affiliates. Bolt On is an independent contractor for all purposes for these Payment Terms and is not your agent or trustee unless expressly stated otherwise. Bolt On does not have control of, or liability for, the products or services that are provided, sold, or paid for through the Payment Services.

Change in Service Providers

Bolt On has the right to change any of its Third Party Providers at any time, in its sole discretion. You agree to cooperate with Bolt On and the applicable Third Party Providers selected by Bolt On as reasonably required for Bolt On or such Third Party Providers to perform the Payment Services and/or Third Party Services and authorize Bolt On to the necessary action to effectuate the migration to the replacement Third Party Provider.

16.2 PAYMENT PROCESSING

You understand that any Acceptance Transactions you submit to the Payment Processor through the Platform are between you and your customer, and any issues relating to the Acceptance Transaction shall be solely between you and your customer. Additionally, the processing services with respect to such Acceptance Transaction are performed by the Payment Processor, not Bolt On. Bolt On is not responsible for tax receipts, lost payments, identity theft, Chargebacks, fraud or refunds. Your submission of Acceptance Transactions for processing will be governed under the merchant agreement entered into between you and the Payment Processor (and/or its acquiring bank) (the “Merchant Agreement”). The funds processed in connection with your Acceptance Transactions will be settled to you by the Payment Processor (or Bank, as the case may be) in accordance with your Merchant Agreement. You understand and agree that your settlement funds may be held by the Payment Processor, Bank, or another financial institution in a pooled account. You authorize Bolt On to instruct the Payment Processor or Bank to deposit the transaction funds to a pooled account held for the benefit of you and other customers of Bolt On held at any financial institution so that such funds may be combined and aggregated with other funds that are ultimately settled to you by such financial institution. You understand and agree that Bolt On does not process, receive or hold funds from your customers at any time in connection with Acceptance Transactions and that Bolt On is not a bank, money transmitter, or other money services business (as such terms are defined by the Bank Secrecy Act of 1970, as amended, or any state law). To the extent Bolt On is deemed to hold or receive funds (constructively or otherwise) from your customer at any point in time, you hereby irrevocably appoint Bolt On as your non-fiduciary agent for the limited purpose of collecting, receiving, holding and settling funds from your customer on your behalf. In such event, such funds shall be deemed received by you upon receipt by Bolt On and shall satisfy your customer’s obligation to you in connection with such Acceptance Transaction for the services provided by you. If Bolt On fails to remit such funds to you, your sole recourse for such event is solely against Bolt On and not against the customer or the customer’s financial source.  

16.3. EXTERNAL ACCOUNTS

You authorize Bolt On and its Third Party Providers (including Bolt On’s Affiliates and successors or assigns) to debit your External Account for any fees due to Bolt On (including Bolt On’s Affiliates and successors or assigns) or any Third Party Provider. Such authorization will remain in effect until you cancel it in writing, or until all amounts due from you to Bolt On (including its Affiliates, successors and assigns) and all Third Party Providers have been paid in full. You represent and warrant that (a) you own or are an authorized signatory on the External Account; (b) you are authorized to make the Funds Transfer Transactions (as hereinafter defined) you request; (c) your External Account is issued or established by and held at a U.S. financial institution; and (d) your External Account is a commercial or business account (not a personal account). You acknowledge and agree that you will provide accurate information to us about your External Account, and that we have no responsibility to verify the information you provide to us about your External Account, or any liability for any loss resulting from a mistake, error or omission in the information you provide us. As used herein, the term “Funds Transfer Transaction” shall mean the use of the Payment Services and/or Third Party Services to initiate and/or complete a transfer of funds, including instructing a third party to send or receive funds on your behalf.

16.4 ACCOUNT CREATION AND IDENTITY AUTHENTICATION

During the signup process for the creation of a Bolt On Account we will ask you to provide certain information about you (and if you are an entity, information regarding your beneficial owners, control persons, officers and directors, etc.) (the “Application”). You represent and warrant that all information you provide us in the Application or otherwise is truthful, accurate, complete and not misleading. To the extent that you provide us with information for the purpose of creating an account with a Third Party Provider, we may use such information in accordance with these Payment Terms, including for the purpose of assisting you in creating such account with the Third Party Provider. We will store and use such information for our own business purposes and in accordance with our privacy policy, as may be updated from time to time. You acknowledge and agree that we may, but are not obligated to, accept Third Party Terms on your behalf in connection with your receipt of the Payment Services. You authorize us to enter into such Third Party Terms on your behalf.

You agree to cooperate with all requests made by us or any other third parties in connection with your Bolt On Account to identify you (and your authorized representatives, directors, officers, etc.), authenticate your identity, or validate your funding sources or Transactions. Bolt On reserves the right to close, suspend or limit access to your Bolt On Account and/or the Payment Services in the event we are unable to obtain or verify such information. You authorize Bolt On, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you (and your authorized representatives, directors, officers, etc.) to provide date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your email address or Payment Instruments or verifying your information against third party databases or through other sources. We may also ask to see your (and your authorized representatives, directors, officers, etc.) driver’s license or other identifying documents at any time; however, we will not access your credit report without first obtaining your consent. You must notify us before any change of control or sale of all or substantially all of your assets or equity. As used herein, the term “Payment Instrument” shall mean your External Account or any other payment method designated by you in connection with the Payment Services or any other purpose under these Payment Terms.

You are responsible for confirming the accuracy of the applicable payment information for each Transaction submitted. Any information or Content (as hereinafter defined) posted or transmitted through the Payment Services or Platform is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. As used herein, the term “Content” shall mean the materials displayed or performed or available on or through the Payment Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, Platform user submissions, and so forth.

16.5 TAXES

It is your responsibility to determine what, if any, taxes apply to the goods and services you provide to your customers and the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate taxing authority. Bolt On is not responsible for determining whether taxes apply to your Transaction, or for collecting, reporting or remitting any taxes arising from any Transactions. You hereby agree to comply with any and all applicable tax laws in connection with your use of the Payment Services, including without limitation, the reporting and payment of any taxes arising in connection with Transactions made through the Payment Services, if any.

16.6 INDEMNITY

You agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (a) your use of the Payment Services, (b) your violation of any laws, rules or regulations (including, without limitation, data privacy and protection laws), (c) any misrepresentations by you, or (d) your breach of these Payment Terms.

16.7 LIABILITY DISCLAIMER

THE PAYMENT SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE PAYMENT SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE PAYMENT SERVICES AND THE CONTENT AVAILABLE ON THE PAYMENT SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE PAYMENT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE PAYMENT SERVICES IS FREE OF VIRUSES.

IN NO EVENT SHALL WE (NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE PAYMENT SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE PAYMENT SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE PAYMENT SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE PAYMENT SERVICES), WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Payment Terms is found to have failed of its essential purpose. The limitations of liability provided in these Payment Terms inure to the benefit of Bolt On.

16.8 CHANGES TO THE PAYMENT SERVICES

We reserve the right to change, suspend or discontinue any aspect of the Payment Services at any time, including hours of operation or availability of the Payment Services or any Payment Services feature, without notice and without liability. We also reserve the right to impose limits on certain Payment Services features or restrict access to some or all of the Payment Services in our sole discretion, without notice and without liability. Without limiting the foregoing, you acknowledge that the operation of the Payment Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and Bolt On shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Payment Services. Bolt On has no obligation to maintain or update the Payment Services or to continue producing or releasing new versions of the Payment Services.

16.9 TERMINATION

Bolt On may terminate these Payment Terms at any time and without cause upon providing thirty (30) days written notice to the other party. The termination of these Payment Terms will not affect any of our rights or your obligations arising under these Payment Terms. The termination of these Payment Terms does not necessarily result in the termination of your Third Party Terms.

Additionally, Bolt On may automatically terminate or suspend your Bolt On Account and/or the Payment Services at any time with or without notice to you for any reason, which may include, but is not limited to (a) violation of these Payment Terms, our Terms of Use, our Privacy Policy, any Third Party Terms, or of any terms, conditions, policies, rules, or regulations applicable to the Payment Services or Platform (including but not limited to those rules of any Payment Processor); (b) abuse of Bolt On resources or attempt to gain unauthorized entry to Bolt On or its resources; (c) use of the Payment Services in a manner inconsistent with the intended purpose; (d) termination as required by law, regulation, court, or governing agency order; or (e) termination as required by a Third Party Provider. The termination of your access to Payment Services will be effective immediately. Bolt On will not be liable to you or other third party for termination of a Bolt On Account. Termination of your Bolt On Account and/or the Payment Services may require you to close certain Third Party Services accounts. You authorize us to notify any Third Party Provider of the termination of your Payment Services; however, you are solely responsible for terminating your Third Party Terms (if required) in accordance with the termination rights and procedures of such Third Party Terms. Bolt On is not liable for any losses, damages or other amounts you suffer as a result of your failure to terminate any Third Party Terms and close associated accounts.

After termination of these Payment Terms, your Bolt On Account or the Payment Services, you shall continue to be liable for Chargebacks, refunds, fees, card network liabilities, credits and adjustments resulting from or relating to Transactions processed pursuant to these Payment Terms. Any Reserve Account (as defined in Section 12) imposed will remain in effect until the aforementioned liabilities are resolved in Bolt On’s sole discretion. Any remaining stored funds will be refunded to your External Account or to you in a manner elected by Bolt On in a timely fashion. Bolt On may inform applicable Third Party Providers of the termination of these Payment Terms, your Bolt On Account, and/or your Payment Services.

16.10 FEES

Processing Fees

You agree to pay us the processing fees in connection with the Payment Services as set forth in your Bolt On Account. Bolt On reserves the right to make any changes or adjustments to processing fees and/or payment terms in its sole discretion and we will treat your continued use of the applicable Payment Services as acceptance of any such changes or adjustments. If you do not agree with any such changes or adjustments, you should stop using the Payment Services. These fees may be deducted from funds that would otherwise be settled by the Payment Processor or Bank to your account, debited from your External Account, or added to your monthly invoices, at Bolt On’s discretion. None of the fees charged by us in connection with the Payment Services excuse your payment of any other fees you have agreed to pay us. In addition, you are solely responsible for all liabilities associated with your payment processing activity and use of the Payment Services (including, for example, Chargebacks, refunds or any assessments or fees imposed by the Payment Processor, Bank, the card networks or any applicable third party). For the avoidance of doubt, if you are processing with Stripe, only the fees provided to you in your Bolt On Account are applicable, and any fees that may be set forth on Stripe’s website are not applicable.

Refunds

All refund requests and claims for money-back-guarantees, where applicable, must be submitted in writing via email to billing@boltontechnology.com. Unless you and Bolt On agree otherwise in writing, payment obligations cannot be canceled, and all fees paid are non-refundable.

16.11 RESERVE ACCOUNT

Bolt On may instruct the applicable Third Party Providers to condition the offering of Payment Services to you upon the establishment, funding, and maintenance of a reserve account to be held by Bank satisfactory to Bolt On in connection with the Payment Services provided to you or on your behalf (“Reserve Account”). To the extent not legally prohibited, Bolt On or Third Party Providers, as applicable, may instruct such funds in the Reserve Account to be applied toward, and set off any funds that would otherwise be payable by Bolt On or the Third Party Provider from such reserve amounts, including amounts due from you pursuant to these Payment Terms. Funds in the Reserve Account will not bear interest, and may be commingled with other funds, but will be accounted for separately. You shall have no interest in the Reserve Account other than a contingent right to receive funds, as set forth in your Merchant Agreement.

16.12 DATA

As between you and Bolt On, Bolt On owns all Transaction data and all data submitted into or generated from the Bolt On Account, including your customer data. Bolt On can use such data for any purpose including but not limited to marketing and advertising. You agree to be compliant with the Payment Card Industry Data Security Standards (“PCI-DSS”). You are solely responsible for any liability related to or arising out of your use of cardholder data.

16.13 FRAUD MONITORING

Bolt On and its Third Party Providers may monitor your Transactions for the purpose of determining fraudulent activity and whether you are in good standing with Bolt On. Such monitoring, if conducted, will be for the benefit of Bolt On only. Bolt On does not undertake any obligation to monitor Transactions on your behalf. Based on our methods, which are subject to change without notice, Bolt On may decide to suspend your Bolt On Account, or in other ways limit your privileges. Bolt On will use all available information to help combat fraud on our system. Without limiting the foregoing, Bolt On may delay, in its sole discretion, or at the direction of a Third Party Provider sending instructions on your behalf if we have reason to believe that your instructions may involve fraud or misconduct, or violate applicable law, these Payment Terms, or other applicable Bolt On policies, as determined in Bolt On’s sole and absolute discretion.

If you believe your Bolt On Account has been opened or used in an unauthorized manner in connection with a Transaction or otherwise, you must notify us immediately.

16.14 UNAUTHORIZED TRANSACTIONS

If you become aware of any unauthorized charge occurring through your Bolt On Account, contact Bolt On customer support as soon as possible. To the extent that the charge relates to Third Party Services, you should contact the applicable Third Party Provider as identified in the applicable Third Party Terms. If Bolt On suspects unauthorized Transactions, Bolt On reserves the right to suspend your use of the Payment Services, except as prohibited by the applicable Third Party Terms.

17. SHIPPING AND RETURN POLICY

In the event you order any physical products through the Services, the below shipping and return policies will apply to any such products.

U.S. Orders

All U.S. orders will ship via FedEx Express. Your order should arrive within 1-3 business days from the original shipping date.

In order for the above shipping schedules to be met, your order must be placed by 5 pm, EST. If not, your order will begin processing on the following business day.

International Orders

International orders are shipped from the USA to other countries. There is no free shipping option with this delivery method.

*We inspect 100% of all international orders for quality and accuracy to ensure the shipment meets your expectations. All international orders are final. We will not accept any requests for a refund or exchange.

We insure all international orders in case of a lost package. Customs, duties, taxes or any other import charges your country imposes on our shipments are your responsibility. If you refuse to pay your country taxes, duties or any other charges, the authorities may destroy your shipment and we will not credit you.

Returns

If you’re not completely satisfied with your purchase, we’ll be happy to issue a full refund within thirty (30) days of the shipment date. *There are no returns, exchanges, or store credits for International orders.

If thirty (30) days have gone by since your purchase, unfortunately, we can’t offer you a refund, exchange, or credit.

To be eligible for a return, your purchase must be a physical item (software products are non-returnable) and must be unused, in the same condition, and in the original packaging that you received it.

To complete your return, we require a receipt or proof of purchase.

*Do not send your purchase back to the manufacturer. They will not be able to issue you a refund, exchange, or credit.

There are certain situations where only partial refunds are granted; any physical item purchased that’s not in its original condition or is damaged or missing parts for reasons not due to our error.

Refunds

The following details are only for refunds of physical items. We do not offer refunds for software and/or hardware configuration or setups fees. If you need information about our thirty (30)-day money back guarantee, please contact your Sales Representative or call 610-400-1019 and press 2.

Once your return is received, it will be inspected to verify it meets our returned item criteria mentioned above. If we find your item does not fit the returned item criteria, we will send you an email notifying you of the item’s ineligibility and whether or not a partial refund is available.

If you are approved for a refund, a credit will automatically be applied to your credit card or original method of payment, within thirty (30) days.

Late or Missing Refunds

Please allow us thirty (30) days to credit the correct amount to your credit/debit card or original method of payment.

If you haven’t received a refund after thirty (30) days, check your bank account and/or contact your credit card company. It may take some time before your refund is officially posted.

If you’ve done all of this and still haven’t received your refund yet, please contact us at billing@boltontechnology.com.

Sale Items

If you’ve purchased an ‘On Sale’ item and request a refund, you will only receive a refund of the ‘On Sale’ price. Refunds of full retail prices are not available for discounted items.

Exchanges

We only replace physical items if they are defective or damaged beyond your control. Any defects or damages resulting from your use will not be eligible for an exchange. Items can only be exchanged for another identical item, or one of equal or lesser value, if you choose.

To exchange an item, send us an email at billing@boltontechnology.com, and also mail the item to:

BOLT ON TECHNOLOGY
1105 Industrial Blvd.
Southampton, PA 18966

You will be responsible for paying shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your returned item.

18. USE OF YOUR PERSONAL INFORMATION

We will use your personal data as set out in our Privacy Policy.

19. GENERAL

These Terms and any document incorporated by reference constitute the entire agreement between the parties with respect to its subject matter and supersede any previous terms between the parties in relation to such matters. The limitations, exclusions and restrictions in these Terms shall inure to the benefit of our licensors, successor and assigns. These Terms are drafted in the English language and may be translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency or clarification required with other language versions. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no rights to enforce any its terms. These Terms shall be governed by and construed in accordance with the laws of the This Commonwealth of Pennsylvania without regard to its conflict of law provisions. Each party agrees that any dispute shall be brought exclusively in the state or federal courts sitting within the judiciary district of the United States District Court in the Eastern District of Pennsylvania, Philadelphia County, and that it will submit to the jurisdiction of the state or federal courts therein, and to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

20. FORCE MAJEURE

Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses and acts of God. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of these Terms may cease during the continuation of the force majeure event and for such time after that event ceases as is necessary for us to start satisfying our obligations again. For so long as such force majeure event is continuing, our corresponding obligations under these Terms shall be suspended to the same extent. If such force majeure continues for a continuous period in excess of four months, we may terminate access to the Services immediately on service of notice to you.

21. CONTACT US

For answers to your questions or ways to contact us, email us at support@boltontechnology.com or you can write to us at:

Bolt On Technology

4301 Anchor Plaza Pkwy, Suite 140

Tampa, FL 33634

© Copyright 2024 Bolt On Technology LLC. All Rights Reserved.