TERMS & CONDITIONS

Last updated October 17, 2025

We are Mechanic Advisor LLC, doing business as AutoOps and Steer ("Company," "we," "us," "our"), a company registered in Delaware, United States at 230 3rd Ave, Waltham, MA 02451.

We operate the website http://www.autoops.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

AutoOps provides online scheduling tools and website products.

THESE TERMS AND CONDITIONS GOVERN CUSTOMER’S USE AND ACQUISITION OF THE SERVICES PROVIDED BY MECHANIC ADVISOR, LLC AND ITS AFFILIATES. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN.  

Definitions 

The following defined terms will apply herein:

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

“Agreement” means these Terms and Conditions, together with the Order Forms and any exhibits, addenda or amendments hereto. 

“Authorized Affiliate” means the Customer Affiliate(s) that are expressly authorized to use the Services pursuant to one or more Order Forms, and on whose behalf Customer has entered into the Agreement.

“Customer” means the entity that has entered into the Order Form(s) with Mechanic Advisor pursuant to which such entity has the right to use the Services and its Authorized Affiliates (if any). 

“Mechanic Advisor” means Mechanic Advisor, LLC its Affiliate who has entered into the Order Forms with Customer.

“Customer Data” means data captured through, or that is provided to Mechanic Advisor as a result of, Customer’s, or any of Customer’s employees, clients’ or end users, use of any of the Services, except to the extent that Mechanic Advisor has obtained ownership rights to such data from a third party, including any employee, client or End User of Customer.  For the avoidance of doubt, “Customer Data” includes: (i) service and transaction data generated by Customer; (ii) invoices; (iii) any information about a natural person booking an appointment with Customer or entered by or on behalf of Customer or any end user while using the Services; (iv) any content created by or on behalf of Customer or any client or end user of Customer using any of the Services; and (v) any other data which Customer elects to integrate into the Services; in each case (i)-(v), except to the extent that Mechanic Advisor has obtained ownership rights to such data from a third party, including any employee, client or end user of Customer, or has collected, received, or acquired such data independent of its Agreement with Customer.  

“Order Form” means any order form, purchase order, work order, statements of work, ordering document, or online order specifying the Services to be provided hereunder that is entered into between Customer and Mechanic Advisor, including any exhibits, addenda or supplements thereto.  

“Services” means the products and services ordered by Customer under the Order Form(s), including to the extent provided to Customer free of charge or on a trial or temporary basis (as applicable), and provided to Customer by Mechanic Advisor and its Affiliates. The “Services” exclude any web-based, online, mobile, offline or other software functionality integrated or interoperable with the Services that is provided by Customer or a third party.

Other capitalized terms shall have the definitions otherwise provided herein.

License Grant & Restrictions

This Agreement applies to Services and governs Customer’s use of and access to the Services, including (as applicable pursuant to the Order Form(s)): (i) the SteerCRM® platform, accessible at https://app.steercrm.com/, and the related APIs, integrations, and features, functionality, tools, and other services provided by Mechanic Advisor or our Affiliates as part of the SteerCRM platform and services (collectively “SteerCRM”), (ii) the AutoOps® scheduling tool and website services (including hosting, design, and maintenance) and related APIs, features, functionality, and other services provided by Mechanic Advisor and our Affiliates as part of the AutoOps services (“AutoOps”), and (iii) any other product or service that is provided by Mechanic Advisor and our Affiliates to Customer pursuant to an Order Form.   

Subject to the terms of this Agreement, Mechanic Advisor grants Customer the non-exclusive, non-transferable right, during the Term of this Agreement, to use the Services solely for the Customer’s own internal business purposes and in accordance with any documentation provided by Mechanic Advisor regarding such Services (“Documentation”). Customer’s use of the Services may be subject to certain limitations, such as, for example, limits on storage capacity for Customer Data (defined below). Any such limitations will be specified either in the Order Forms or in the Documentation. All rights not expressly granted to the Customer are reserved by Mechanic Advisor and its third-party licensors or suppliers.

The Customer shall not directly or indirectly, and shall not permit any of its users or any third party to: (a) distribute or otherwise commercially exploit or make available to any third party any of the Services or the content provided by or on behalf of Mechanic Advisor, (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the object code, source code, or underlying ideas or algorithms of any of the Services; (c) modify, translate, or create derivative works based on any element of any of the Services; (d) use any of the Services for any purpose other than its intended purpose; or (e) access any of the Services in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of any of the Services, or (iii) copy ideas or user interface features of any of the Services.

The Customer agrees that Mechanic Advisor may publish, modify and amend any and all content appearing within the Services, and all other internet domains or content feeds owned, managed, or controlled by Mechanic Advisor, including content consisting of promotions, advertisements and listings for other businesses, or products and Services offered by Mechanic Advisor (all of the foregoing, “Content”).

In the event that Mechanic Advisor makes one or more application programming interfaces (each an “API” and collectively the “APIs”) available to Customer, subject to the terms of the Agreement, Mechanic Advisor grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use any such APIs solely to enable interoperability between the Services and Customer’s internal systems or approved third-party platforms in accordance with the Documentation, for the duration of the Term and only for Customer’s internal business purposes. The APIs will be considered part of the Services, and the restrictions, reservations, disclaimers and other terms set forth herein applicable to the Services shall apply to any APIs provided hereunder. Mechanic Advisor may update, deprecate, or discontinue any API in its sole discretion. Mechanic Advisor will use reasonable efforts to provide advance notice of material changes or deprecations. The customer is solely responsible for modifying any integrations as necessary to accommodate changes. The customer remains responsible for all data transmitted via the APIs. Mechanic Advisor shall have no liability for any data loss or corruption resulting from improper use of the APIs by Customer or any third party acting on Customer’s behalf. Customers shall implement appropriate safeguards to protect API credentials and transmitted data. Any unauthorized access or use of the APIs must be promptly reported to Mechanic Advisor.

Intellectual Property Rights and Customer Data

As between Customer and Mechanic Advisor, Customer owns the Customer Data.  Notwithstanding the foregoing, to the extent that Mechanic Advisor obtains or has obtained rights in or to data from a third party (including Customer Data), nothing in this Agreement will limit Mechanic Advisor’s rights in or to such data. The Customer hereby grants to Mechanic Advisor a non-exclusive, transferable, sublicensable (through multiple levels), royalty-free, perpetual, irrevocable, worldwide license and permission to host, use, copy, distribute, publicly perform, publicly display, translate, disclose, modify and create derivative data and derivative works from, any and all Customer Data, in order to provide the Services, to protect, defend, analyze or improve the Services, or for any other purpose subject to and except as would be inconsistent with the Mechanic Advisor Privacy Policy (collectively, the “Specific Purposes”). 

Notwithstanding anything else in this Agreement or otherwise, Mechanic Advisor may monitor Customer’s use of the Services and use data and information related to such use or derived from Customer Data in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”).  Customer acknowledges that Mechanic Advisor will be compiling Aggregated Statistics based on Customer Data and information input by other customers into the Services, and Customer agrees that Mechanic Advisor may (a) make such Aggregated Statistics publicly available, and (b) use such information to the extent and in the manner required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement and marketing. Without limiting any other license grants hereunder, Customer hereby grants to Mechanic Advisor a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and exploit the Customer Data to compile the Aggregated Statistics.   As between Mechanic Advisor and Customer, all right, title and interest in the Aggregated Statistics and all intellectual property rights therein, belong to and are retained solely by Mechanic Advisor.  

Customer further acknowledges and agrees that the Services may include the use and implementation of artificial intelligence and machine learning elements (collectively, “AI”) and that the use of such AI means that the AI within the Services will be trained on and modified by Customer Data. Accordingly, Customer grants Mechanic Advisor a perpetual, royalty-free license to use the Customer Data in connection with the AI within the Services. Neither the presence of AI within the Services nor the use of Customer Data in connection with such AI (including as such AI is trained and modified based on such Customer Data) shall grant Customer any right in and to the AI (except for the limited license to access the Services as set forth herein) or ownership of the AI. All rights in and to the AI are reserved by Mechanic Advisor. This Agreement is not a sale and does not convey to the Customer any rights of ownership in or related to the Services, APIs, Mechanic Advisor technology, the AI, Content, or Mechanic Advisor intellectual property, except for the limited licenses to access and use the Services that are granted to the Customer under this Agreement. Any and all software, algorithms, applications, source codes, structures, sequences, routines, sub-routines and related programming, engineering or technological matter or data developed or created by Mechanic Advisor or its licensors (and all copyrights, patents, trademarks and other proprietary rights related thereto) shall remain the sole, exclusive and perpetual property of Mechanic Advisor or its licensors. Mechanic Advisor may work with third parties to offer Customer additional products and services from time to time. 

The trademarks, trade names, service names or logos associated with any of the Services (collectively, the «Marks») are trademarks of Mechanic Advisor or its licensors, and no right or license is granted to use them. The Customer hereby acknowledges Mechanic Advisor or its licensors’ perpetual and exclusive ownership of and title to the Marks and the goodwill attaching thereto. The Customer agrees not to use or attempt to register any Mark that is confusingly or deceptively similar to the Marks.

Customer Data and Account Information

The Customer, not Mechanic Advisor, shall have responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data under the Customer’s control, and, except as provided in this Agreement or as required by law, Mechanic Advisor shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data, or for the improper or erroneous upload, extraction, or disclosure of any Customer Data. Mechanic Advisor reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, the Customer’s non-payment as specified in this Agreement. 

Upon termination or expiration, the Customer’s right to access or use Customer Data immediately ceases, and Mechanic Advisor shall have no obligation to maintain or forward any Customer Data. Notwithstanding the foregoing, Mechanic Advisor may retain Customer Data in its discretion.  Moreover, and for the avoidance of doubt, if the Customer is part of a franchise organization which has or later executes an agreement with Mechanic Advisor, and the franchisee has granted the franchisor access to their data, Customer’s Data may be shared with the franchisor, and/or franchise association after termination or expiration.

Mechanic Advisor may, but has no obligation to, monitor any content created by the Customer using any of the Services. Without limiting Mechanic Advisor’s rights in the Customer Data, Mechanic Advisor may disclose any information necessary or appropriate to satisfy Mechanic Advisor’s legal obligations, protect Mechanic Advisor or its customers, or operate the Services properly. Mechanic Advisor, in its sole discretion, may refuse to post, remove, or require Customer to remove, any of the Customer’s content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. Mechanic Advisor may, in its sole discretion, also require the Customer to place all or any portion of the Customer’s content behind password protection. If Mechanic Advisor has requested Customer content to be or have been placed behind password protection, Customer may not publish the password or similar information in any way that limits the effectiveness of the password. If Mechanic Advisor requests that the Customer place any of the Customer’s content behind password protection and the Customer fails to do so promptly, Mechanic Advisor may (a) place such content behind password protection itself, or (b) immediately terminate this Agreement.

Privacy and Data Protection 

The parties acknowledge that the Customer Data may include personal information as defined under applicable privacy and data protection laws.  With respect to such personal information, the parties agree: (i) that each party (a) is a separate and independent ‘controller’ or ‘business’ (as such terms are defined under applicable privacy law) for the personal information that they collect, use, disclose and otherwise process pursuant to the Agreement, and (b) is responsible for and will comply with its respective obligations under applicable privacy law and its published privacy policies and notices; (ii) that they will not take any action or make any omission that is reasonably likely to put the other party in breach of the applicable laws (including privacy law), or third party legal rights; and (iii) they will maintain reasonable physical, technical, and administrative security measures and to protect the personal information that is collects, maintains or controls from unlawful, accidental or unauthorized access, destruction, loss, use, modification, disclosure, or other processing.  Without limiting the foregoing, Customer acknowledges and agrees that it: (i) will ensure that any requisite notices have been provided to and any required authorization and consents have been obtained from consumers and others as necessary for to permit the disclosure and sharing of personal information with Mechanic Advisor, and the subsequent use, disclosure, sharing and processing of personal information by Mechanic Advisor for the Specific Purposes; and (ii) will not disclose, share, or make available any personal information where doing so would violate applicable laws (including privacy law) or the legal rights of others.  The parties further agree to comply with the terms of Exhibit A to the extent the CCPA (as defined in Exhibit A) applies to the personal information processed under the Agreement. 

Customer Responsibility and Passwords

Customer is solely responsible for any and all activity occurring under the Customer’s user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Customer’s use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. The Customer also will choose a password and a username. The Customer is entirely responsible for maintaining the confidentiality of their password and account. The Customer is solely responsible for any and all access and use of the Services that occurs using the Customer’s passwords and accounts. The Customer agrees to notify Mechanic Advisor immediately of any unauthorized use of their account or any breach of security. Mechanic Advisor will not be liable for any loss that the Customer may incur as a result of someone else using Customer’s password or account, either with or without Customer’s knowledge. The Customer warrants and represents that: (i) the content to be transmitted by or on the Customer’s behalf does not constitute SPAM; (ii) the content to be transmitted by or on the Customer’s behalf is not illegal, threatening, hateful, vulgar, obscene, libelous or defamatory and does not and will not infringe upon any trademark, patent, copyright, trade secret or other proprietary, publicity or privacy right of any third party; and (iii) the Customer has complied and will comply with all applicable laws and regulations respecting the Customer’s execution and performance of this Agreement.

The Services receive data from third-party software systems, which Customer will designate in the process of setting up the Services. If the Customer elects to change, upgrade or materially alter the third-party software system from which Mechanic Advisor receives data, Mechanic Advisor does not guarantee that all Customer Data or features or functionality of the Services will be preserved. The Customer is responsible for communicating any changes in data structure, management system, or hardware upgrades that may impact Mechanic Advisor’s ability to receive and process Customer Data. In addition, Customer is responsible for providing Mechanic Advisor with accurate instructions and information regarding the third party systems and databases with which each of the Services will interface, and the Customer bears all responsibility for incomplete, inaccurate or otherwise faulty information regarding third party systems and databases belonging to Customer as conveyed to Mechanic Advisor in connection with set up or maintenance of each of the Services.

Limitations on Liability

IN NO EVENT SHALL MECHANIC ADVISOR OR ANY OTHER MECHANIC ADVISOR INDEMNITEE (AS DEFINED BELOW) BE LIABLE FOR ANY OF THE FOLLOWING ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, EVEN IF ANY OF THEM HAS BEEN ADVISED OR WARNED OF THE POSSIBILITY OF SUCH DAMAGES: (I) ANY INDIRECT, INCIDENTAL, UNFORESEEABLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (II) ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF EARNINGS OR LOSS OF BUSINESS OPPORTUNITIES; (III) COSTS OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; (IV) LOSS OF DATA OR OTHER OF THE CUSTOMER’S CONTENT RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES, SECURITY BREACHES TO, INTERRUPTIONS TO, OR ERRORS OR OMISSIONS RESPECTING, THE SERVICES OR THE OPERATION OF MECHANIC ADVISOR OR ITS LICENSORS’ NETWORKS; OR (V) LOSSES OR LIABILITIES DUE IN WHOLE OR IN PART TO INADVERTENT, PREMATURE OR UNAUTHORIZED RELEASE OR DISCLOSURE OF INFORMATION BY THE CUSTOMER VIA MECHANIC ADVISOR OR ITS LICENSORS’ NETWORKS. THE TOTAL CUMULATIVE LIABILITY OF MECHANIC ADVISOR TOGETHER WITH THE OTHER MECHANIC ADVISOR INDEMNITEES TO THE CUSTOMER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES IS LIMITED TO THE AMOUNT OF FEES THE CUSTOMER PAYS TO MECHANIC ADVISOR IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. The limitations and exclusions in this Section 7 (Limited Liability) will apply regardless of whether the applicable claim or loss is foreseeable, even if a Mechanic Advisor Indemnitee has been notified of the possibility of such damages, and notwithstanding the failure of the essential purpose of any limited remedy and irrespective of whether the claim or loss arises out of or results from a breach of contract, tort (including negligence), statute or otherwise. No action or claim relating to this Agreement shall be made against Mechanic Advisor or any other Mechanic Advisor Indemnitee by the Customer or on the Customer’s behalf more than TWELVE (12) months after the event giving rise to such action or claim.

Indemnity

The Customer agrees to indemnify and hold Mechanic Advisor and Mechanic Advisor’s affiliates and its and their officers, directors, agents, and employees, third party contractors and service providers, sub-contractors, and licensors (all of the foregoing, including Mechanic Advisor, “Mechanic Advisor Indemnitees”) harmless from any judgment, liability, damage, cost and expense, including reasonable attorneys’ fees and amounts paid in settlement, arising out of or resulting from any claim, demand, action, investigation or other proceeding made or brought by any third party (including any governmental agency or authority) arising out of or resulting from the Customer’s breach or alleged breach of this Agreement or the documents it incorporates by reference, or the Customer’s violation of any applicable law, rule or regulation or the rights of a third party (including without limitation any negligent, willful, tortious or illegal conduct by Customer affecting a third party).  The Mechanic Advisor Indemnitees (other than Mechanic Advisor) are third party beneficiaries of Section 7 and this Section 8.

Term

Unless otherwise agreed by Mechanic Advisor, this Agreement will AUTOMATICALLY RENEW on a month-to-month basis.

Termination

Any breach of the Customer’s payment obligations or unauthorized use of the Mechanic Advisor Technology, or Content or any Services, will be deemed a material breach of this Agreement. Mechanic Advisor, in its sole discretion, may terminate the Customer’s password, account or use of any or all of the Services if Customer breach or otherwise fail to comply with this Agreement. In addition to any other rights granted to Mechanic Advisor herein, Mechanic Advisor reserves the right to suspend or terminate this Agreement and the Customer’s access to the Services if the Customer’s account becomes delinquent, if the Customer violates the Mechanic Advisor Privacy Policy, the Mechanic Advisor Terms of Use, or otherwise engage in fraudulent or unlawful activities. In addition, Mechanic Advisor may terminate a free account at any time in its sole discretion. The Customer agrees and acknowledges that Mechanic Advisor has no obligation to retain the Customer Data, and may delete such Customer Data, if the Customer has materially breached this Agreement, and such breach has not been cured within thirty (30) days of notice of such breach. In addition, failure to pay Service Fees will result in termination of Services as deemed appropriate by Mechanic Advisor.

To cancel all or a portion of the Services, Customer must provide Mechanic Advisor with written notice at least thirty (30) days in advance, specifying the Services and relevant Order Form(s) subject to the cancelation request. The notice must be sent to the Mechanic Advisor customer success team at CSSupport@steercrm.com. The applicable Services will terminate 30 days after the next recurring billing cycle subsequent to receiving the cancellation notice. If the Customer fails to provide the required notice, the Services will automatically renew for the subsequent billing cycle, and no refunds will be provided for any prepaid amounts.

Billing and Pricing

Mechanic Advisor charges and collects in advance for use of the Services. No refunds will be available for fees the Customer has paid. Mechanic Advisor will automatically renew and bill the Customer's credit card every month for monthly licenses and fees, or in an otherwise mutually agreed upon manner. The Customer expressly agrees that Mechanic Advisor is authorized to charge the Customer (i) a recurring monthly fee for any applicable Services billed on a monthly basis automatically, (ii) any other fees for the applicable Services the Customer may purchase, and (iii) any applicable taxes in connection with the Customer's use of the applicable Services to the credit card that the Customer provides and to reimburse Mechanic Advisor for all collection costs and any overdue amounts.

Email Finder Product

Mechanic Advisor works with a third-party provider to gather email addresses for individuals in the Customer’s database for which the Customer does not currently have email addresses on file. By opting in to use Mechanic Advisor’s email finder product, the Customer will be subject to the monthly service fee once email finder begins for that calendar month; email finder begins once Mechanic Advisor has passed certain Customer Data to the Mechanic Advisor third-party provider. The fees are based on per-valid email returned each month from the provider.

Mailer Product

By opting in to use Mechanic Advisor’s mailer product, the Customer will be subject to the service fees charged per printed postcard. The Customer assumes full responsibility that any custom content they submit is correct, and in the event that the Customer submits incorrect information, misspellings, grammatical errors, etc., the Customer agrees to pay any and all associated correction fees.

Taxes

Unless otherwise stated, the Mechanic Advisor fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction, plus interest, penalty and additions thereon (collectively, «Taxes»). The Customer is responsible for paying all Taxes applicable to their purchase or use of the Services. If Mechanic Advisor has the legal obligation to pay or collect Taxes (or an amount in respect of Taxes) for which the Customer is responsible under this paragraph, the appropriate amount shall be invoiced to and paid by the Customer, unless the Customer provides Mechanic Advisor with a valid tax exemption certificate authorized by the appropriate taxing authority. Mechanic Advisor is responsible solely for taxes based on its income.

Customer Reviews

Mechanic Advisor works with a third party-provider to request reviews on behalf of the Customer. By opting into this feature as part of the Services, Customer agrees to adhere to the Terms of Service of all major review sites. This includes but is not limited to Google, Facebook, Yelp, and other review sites. In addition, Customer agrees to adhere to industry best practices and FTC regulations, including but not limited to the following:

  • Fake or False Consumer Reviews, Consumer Testimonials, and Celebrity Testimonials.

  • Buying Positive or Negative Reviews.

  • Insider Reviews and Consumer Testimonials.

  • Company-Controlled Review Websites.

  • Review Suppression.

  • Misuse of Fake Social Media Indicators.

  • Review Gating, which is a process where companies send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review. Those who had a negative experience are typically sent to a form to leave comments that are not made public.

The Mechanic Advisor Review default set-up meets FTC requirements. However, Mechanic Advisor can be personalized by the Customer and the Customer’s staff, so we encourage the Customer to educate themself on FTC regulations by visiting the FTC Website.

Credit Card Authorization

By submitting the Customer’s credit/debit card («Bank Card») data to Mechanic Advisor, the Customer authorizes Mechanic Advisor in its complete discretion to submit a financial transaction(s) to Customer’s issuing bank for settlement. The Customer agrees that once Mechanic Advisor has approved or declined the Customer’s transaction, Mechanic Advisor has fully performed under the terms of this Agreement. The Customer agrees to contact Mechanic Advisor in the event that they desire to cancel any recurring charge, prior to the next billing cycle. Should the Customer fail to contact Mechanic Advisor, they agree to indemnify and hold Mechanic Advisor harmless from any losses or damages that they suffer as a result of a recurring charge. Mechanic Advisor may be contacted at: support@MechanicAdvisor.com or Mechanic Advisor, Inc., 11 Elkins Street. Suite 310, Boston, MA 02127, (617)765-8187. If the Customer thinks that there is an error on their account, including an incorrect amount or unauthorized transaction, the Customer agrees to contact Mechanic Advisor prior to the next billing cycle. Upon proper notification, Mechanic Advisor, in its sole discretion may issue a credit to the Customer’s Account.

Representations & Warranties

The Customer represents and warrants that (i) they have the power and authority to enter into this Agreement, (ii) Customer holds all rights, licenses, permits, consents, and agreements necessary and sufficient to grant all of the rights and licenses herein (including with respect to the Customer Data), (iii) the Customer Data will not infringe, misappropriate or otherwise violate the intellectual property, proprietary, or privacy rights of an end user or any other third party, and will comply with applicable law, (iv) the Customer will not use or disclose Customer Data in a manner that would violate any applicable law, and Customer will otherwise comply with applicable law, (v) the Customer Data will be accurate, and (vi) the Customer has not falsely identified themself or the Customer’s corporate entity, or provided any false information to gain access to any of the Services, and that all Bank Card and other billing information that the Customer has provided is correct. THE SERVICES ARE PROVIDED «AS IS» AND «AS AVAILABLE». EXCEPT AS EXPLICITLY SET FORTH ABOVE, MECHANIC ADVISOR IS NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICES, CONTENT OR TECHNOLOGY, AND MECHANIC ADVISOR AND ITS LICENSORS, DISTRIBUTORS, PARTNERS AND AFFILIATES (COLLECTIVELY, THE “AFFILIATES”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICES, CONTENT AND TECHNOLOGY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, MECHANIC ADVISOR, ITS PARENT, ANY THIRD PARTIES ACTING ON ITS BEHALF, AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SERVICES, OR FOR ANY OTHER PROBLEMS EXPERIENCED BY THE CUSTOMER DUE TO CAUSES BEYOND MECHANIC ADVISOR’S OR ANY THIRD PARTIES ACTING ON ITS BEHALF, OR ITS AFFILIATES’ CONTROL.

FURTHER, MECHANIC ADVISOR EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS THE CUSTOMER MAY ENTER INTO WITH END USERS, CONSUMERS OR OTHERS, AND THE CUSTOMER WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. THE CUSTOMER WILL BE SOLELY RESPONSIBLE FOR THE PROFESSIONAL AND TECHNICAL SERVICES THEY PROVIDE. MECHANIC ADVISOR HAS NO LIABILITY FOR THE CONSEQUENCES TO CONSUMERS OR SITE USERS FOR USE OF ANY OF THE SERVICES.

MECHANIC ADVISOR OFFERS NO ASSURANCE THAT THE CUSTOMER’S USE OF THE SERVICES UNDER THE TERMS OF THIS AGREEMENT WILL NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO THE CUSTOMER. MECHANIC ADVISOR AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF THE CUSTOMER USES ANY OF THE SERVICES OR THE CONTENT OUTSIDE THE UNITED STATES OF AMERICA, THE CUSTOMER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

IN ADDITION, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT, TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. THE CUSTOMER IS RESPONSIBLE FOR OBTAINING SUCH ADVICE.

Exclusions not applicable

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth in this Agreement may not apply to the Customer. In such event, Mechanic Advisor’s liability under this Agreement will be limited to the greatest extent permitted by applicable law in such jurisdiction.

User Communications and Service Messages 

The Services may include features and functionality (the “Messaging Services”) that enable Customer to send, communicate, direct, automate, or otherwise deliver electronic messages, including via e-mail and SMS or MMS text message (each such message a “Service Message”).  These Messaging Services are intended to enable Customer to send or otherwise deliver Service Messages to customers and end users with whom Customer has an existing business relationship (“End Users”). The Messaging Services are not intended to be used to, and Customer expressly warrants and agrees that it will not use the Messaging Services to, send or deliver unsolicited telemarketing or solicitations, or other marketing, promotional, or commercial messages to any recipients with whom Customer does not have an existing business relationship.  Without limiting the foregoing, to the extent Customer uses any of the Messaging Services, Customer acknowledges, understands, and agrees that it will: (i) provide all necessary notices and information to and obtain all necessary consents and authorizations (written or otherwise) from recipients prior to sending or causing any Service Message to be delivered any such recipients; (ii) use the Messaging Services in accordance with the requirements and restrictions set forth in this Section 16; and (ii) comply with the requirements (including but not limited to (as applicable) any registration, licensing, consent, opt-out, “do-not-call” list compliance, record-keeping, disclosure, and day and time restrictions) of applicable telemarketing, telephone solicitation, electronic communications, marketing, and similar laws, rules and regulations (collectively, “Electronic Communications Laws”), including but not limited the Telephone Consumer Protection Act (47 U.S.C. § 227) and the orders issued and regulations promulgated (including 47 C.F.R. Part 64, §§ 64.1200 – 64.1204) thereto by Federal Communications Commission (FCC), each as amended (collectively, the “TCPA”); the Telemarketing and Consumer Fraud and Abuse Prevention Act (15  U.S.C. § 6101, et seq.) and regulations promulgated thereto, including the Federal Trade Commission (FTC) Telemarketing Sales Rule (16 C.F.R. Part 310), each as amended; the CAN-SPAM Act (15 U.S.C. §§ 7701-7713) and the regulations promulgated thereto, including the FTC CAN-SPAM Rule (16 CFR Part 316), each as amended (collectively, “CAN-SPAM”); and 10 Tex. Bus and Comm. Code §§ 301.001-306.053 and any regulations promulgated thereto, each as amended.

Mechanic Advisor may, at any time and without prior notice to Customer, suspend or terminate your access to or use of the Messaging Services if we believe in our sole discretion that you have or are likely to have violated this Section 16. 

YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING SERVICES (INCLUDING EMAIL SERVICE MESSAGES AND SERVICE TEXTS) RELY ON THIRD PARTY CARRIERS AND OTHER THIRD-PARTY PROVIDERS AND TECHNOLOGIES AND MAY BE DELAYED, INTERRUPTED, UNAVAILABLE OR OTHERWISE DISRUPTED PERIODICALLY OR FOR AN INDETERMINATE AMOUNT OF TIME. THE MESSAGING SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WHERE AVAILABLE,” WITHOUT ANY GUARANTEE OR WARRANTY, IMPLIED OR OTHERWISE. CARRIERS, MECHANIC ADVISOR, AND THE MECHANIC ADVISOR AFFILIATES, AND OUR RESPECTIVE REPRESENTATIVES, AGENTS AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY UNDELIVERED SERVICE MESSAGES OR IN THE EVENT THE MESSAGING SERVICES ARE DELAYED, INTERRUPTED, UNAVAILABLE OR OTHERWISE DISRUPTED FOR ANY REASON WHATSOEVER.  

Email Compliance

Every Service Message that Customer sends or otherwise causes to be delivered to an email address pursuant to the Messaging Services (each an “Email Service Message”) must comply with CAN-SPAM and applicable laws, follow safe sender practices, and, at a minimum: 

  1. Identify Customer accurately as the sender, including in the “From” line; 

  2. Include an unsubscribe link that enables the recipient to easily, and at no cost, opt out of receiving any further commercial messages from Customer;  

  3. Include Customer’s name and contact information, including a valid physical postal address where the Customer can receive commercial mail; and

  4. Not include any false or misleading header or routing information, or deceptive subject lines. 

  5. Not attempt to spoof sender domains, send spam or engage in other offending email practices (including as set forth in Section 6 (Customer Responsibility and Passwords).

The Customer acknowledges and agrees that it will: (i) ensure that any Email Service Message it sends or otherwise causes to be delivered complies with the requirements and restrictions set forth in this Section 16, CAN-SPAM ,and applicable law; and (ii) only send or cause to be delivered an Email Service Message to an End User with whom Customer has an existing business relationship and has not opted out of receiving commercial emails from Customer. Because of carrier technologies, Mechanic Advisor makes no expressed or implied warranty of individual message receipt. Mechanic Advisor is not liable for any issues that arise associated with the content that the Customer provides or unforeseen liabilities of it being delivered.

Text Messages and Telephone Communications 

The Messaging Services may enable Customer to send, communicate, direct, automate, or otherwise deliver electronic messages to recipients, via (SMS or MMS) text message, including through the use of automated dialing equipment (each such text message a “Service Text”). While the Messaging Services may enable Customer to schedule or automate the sending or delivery of Service Texts, the Customer is responsible for obtaining prior express written consent from recipients to the receipt of Service Texts.

If and to the extent Customer sends or otherwise causes to be sent or delivered any Service Texts, Customer represents, warrants and agrees that: (i) it will obtain prior, express written consent to send and deliver Service Texts to any recipients, in accordance with and as required by the Electronic Communications Laws and the CTIA Messaging Principles and Best Practices; (ii) it will clearly inform recipients (a) how to opt out of future Service Texts and honor any and all opt-out requests from recipients, (b) how to obtain help from Customer related to the Service Texts, (c) that standard messaging and data rates apply to all Service Texts, (d) that Service Texts may be delivered using automated dialing equipment, and (e) the frequency of such Service Texts; (iii) it will only send or cause to be sent or delivered a Service Text to an End User with whom Customer has an existing business relationship and who has not opted out of receiving such text messages from Customer; (iv) it will not send any Service Text on behalf of another entity or sender; (v) it will comply with the requirements set forth under Electronic Communications Laws (including the TCPA) and the CTIA Messaging Principles and Best Practices; (vi) each Service Text will clearly identify Customer as the sender; and (vii) Customer will not attempt to spoof sender domains, send spam or other offending text messages (including as set forth in Section 6 (Customer Responsibility and Passwords),  or include any misleading, deceptive or false content in any Service Texts. 

The Services may include certain templates that Customer may use or modify to send Service Texts. However, these templates can be personalized by the Customer and the Customer’s staff, and the Customer, not Mechanic Advisor, is responsible for ensuring that all Service Texts comply with Electronic Communications Laws (including the TCPA) and the CTIA Messaging Principles and Best Practices. The Customer shall be solely liable for complying with applicable Electronic Communications Laws in respect of any Service Text that it sends or causes to be sent or delivered through the Services and the Messaging Services.

Third Party Accounts and Services

The Services may require the Customer to give Mechanic Advisor access to or require the Customer to provide login information and password information for accounts or services the Customer has with third party providers. When the Customer provides this information to Mechanic Advisor or gives Mechanic Advisor access to these third-party accounts, the Customer agrees that they have read all contracts and written agreements governing such access, login information and passwords and that the Customer has all the necessary contractual and legal rights to give Mechanic Advisor such access, login information and passwords. In addition, for certain Services, Mechanic Advisor grants the Customer permission to create and submit content on the Customer’s behalf to press release news outlets, directories, search engines, social media outlets, and other destinations.

Governing Law; Venue; Class Action Waiver

This Agreement will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Massachusetts, without reference to its choice of law principles to the contrary. Customer will not commence or prosecute any action, suit, proceeding or claim arising under or by reason of this Agreement other than in the state or federal courts located in Boston, Massachusetts. The Customer irrevocably consent to the jurisdiction and venue of the courts identified in the preceding sentence in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement and hereby waive the right to challenge the jurisdiction of such courts on grounds of lack of personal jurisdiction or forum non conveniens or to otherwise seek a change of venue. This choice of venue is intended to be mandatory, and not permissive, in nature. The Customer hereby waives any right to a jury trial in any proceeding arising out of or related to this Agreement. The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions

Any questions regarding this Agreement, or if you wish to obtain additional information, please send an e-mail to support@steercrm.com.

Notice for Customers

We use third-party services, tools and technologies provided by Mechanic Advisor (the “Services”) to manage our relationship with you, including, as applicable, to schedule appointments, send you reminders, collect payment from you, send you marketing and promotional materials, manage, measure and improve ad campaigns, reach customers and prospective customers with personalized ads, offers and content, obtain analytics about customers and our business and services, and for other related purposes.  We may disclose or make available your personal information to Mechanic Advisor pursuant to the Services.  Mechanics Advisor  may use your personal information in accordance with the Mechanic Advisor Privacy Policy available at https://steer.io/privacy-policy, including to send you personalized marketing and advertising about products and services that may be of interest to you. You can contact Mechanic Advisor, as set forth in their Privacy Policy, to opt out of certain use and sharing of your personal information by Mechanic Advisor. Please contact us if you have any questions or concerns about the use of your data or the rights and choices we provide you. You can also opt out of receiving marketing emails by selecting “unsubscribe” at the bottom of any such emails you receive.  


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Exhibit A: CCPA Addendum

This terms of this Exhibit A sets forth additional requirements and restrictions applicable to Mechanic Advisor and Customer (each a “party” and together the “parties”), pursuant to the CCPA (as defined below”). 

  1. Definitions. The following definitions shall apply in this Exhibit, and any other capitalized terms used but not otherwise defined in this Exhibit A shall be defined as otherwise set forth in the Agreement.  

    1. “CCPA” means the California Consumer Privacy Act of 2018 and the implementing regulations issued thereto, each as amended, as well as any other state consumer privacy law or regulation that imposes the same or similar requirements as those set forth in Cal. Code Regs. tit. 11. § 7053. 

    2. “Controller” means a party that, alone or jointly with others, determines the purposes and means of Processing Personal Information, including any ”business” as defined in the California Consumer Privacy Act. 

    3. “User” means a current, former or prospective customer, client, End User, agent, employee, representative, or consumer of Customer. 

    4. “User Personal Information” means Personal Information about Users that is disclosed, shared or made available to Mechanic Advisor by or on behalf of Customer pursuant to the Agreement and the Services.

    5. “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

    6. “Process,” “Processes” or “Processing” refers to any operation or set of operations that are performed on Personal Information or on sets of Personal Information, whether or not by automated means.

  2. Scope. The terms of this Exhibit A apply if and to the extent the CCPA applies to the Processing (including disclosure and sharing) of Personal Information, including User Personal Information, by either of the parties, pursuant to the Agreement and the Services.

  3. Roles and Responsibilities of the Parties. In connection with the Processing of Personal Information under the Agreement (including the User Personal Information), the parties acknowledge and agree that:

    1. Each party is a separate and independent Controller with respect to their Processing of Personal Information; and 

    2. Each party will (i) comply with the CCPA (and all other applicable privacy laws, rules and regulations) and their own published privacy policies and notices; (ii) not take any action or make any omission that is reasonably likely to put the other party in breach of the CCPA, applicable laws, or third party legal rights; and (iii) maintain reasonable physical, technical, and administrative security measures and policies designed to protect all Personal Information owned, stored, used, maintained, or controlled by or on its behalf from and against unlawful, accidental or unauthorized access, destruction, loss, use, modification, disclosure, and/or other Processing.

    3. Each party will respond to and process any request it receives from a consumer (including a User) to exercise any privacy right(s) (a “Privacy Request”), in compliance with the CCPA and applicable laws. To the extent required by the CCPA, each party will notify the other party of any Privacy Request that it receives, and the other party will take reasonable and appropriate steps to process such Privacy Request or enable the notifying party to process such Privacy Request, in compliance with requirements of the CCPA.

  4. User Personal Information. Without limiting Section 3 of this Exhibit A, with respect to the User Personal Information that disclosed, shared or make available to Mechanic Advisor pursuant to the Agreement:

    1. Customer will: (i) ensure that any requisite notices have been provided to and any required authorization and consents have been obtained as necessary to permit the disclosure, sharing, and  the subsequent use and Processing of User Personal Information by Mechanic Advisor as set forth in the Agreement and this Exhibit; (ii) notify Users, as applicable, of their privacy rights under the CCPA and satisfy all other requirements necessary to permit the User Personal Information to be disclosed to and Processed by Mechanic Advisor as set forth in the Agreement (including providing individuals the ability to opt out of certain uses and sharing with Mechanic Advisor); (iii) not disclose, share, or make available the User Personal Information of any User who has opted out of sales, sharing, or targeted advertising under applicable Privacy Laws or where the disclosure, sharing, or subsequent use and Processing by Mechanic Advisor as permitted under the Agreement would violate Privacy Laws. 

    2. Mechanic Advisor acknowledges and agrees that:

      1. Customer discloses, shares, and otherwise makes available the User Personal Information to Mechanic Advisor to enable Mechanic Advisor to provide the Services to Customer and/or for marketing, analytics and advertising, and product improvement and development by Mechanic Advisor and others, as set forth in the Mechanic Advisor Privacy Policy (the “Specific Purposes“);

      2. Mechanic Advisor will only use, disclose, share and otherwise Process the User Personal Information for these limited Specific Purposes;

      3. Mechanic Advisor will comply with the CCPA (as applicable) and will provide the same level of protection for the User Personal Information as is required of “businesses” under the CCPA;

      4. As required by the CCPA (as applicable), Customer will inform Mechanic Advisor if it receives a Privacy Request from a User related to the User Personal Information (including a request to opt out of sales and sharing, and a request to delete), and Mechanic Advisor will process such request in accordance with the requirements of the CCPA;

      5. Mechanic Advisor will notify Customer if it makes a determination that it can no longer meet its obligations under the CCPA; and

      6. Customer may take reasonable and appropriate steps to ensure that Mechanic Advisor uses the User Personal Information in a manner consistent with Customer’s obligations under the CCPA, by requesting that Mechanic Advisor confirm or attest in writing that it treats the User Personal Information that Customer made available to it in the same manner that Customer is obligated to treat it under the CCPA.

      7. Customer may, upon notice, take reasonable and appropriate steps to stop and remediate any unauthorized use of the User Personal Information by Mechanic Advisor.