Terms of Service

Permission to use the Site

We grant you permission to access and view the Site, including to read our documentation, evaluate our products, and submit our contact, demo and trial forms. This permission is personal to you, non-exclusive, and revocable. It is a permission to use a website, not a licence to the software – that comes with a subscription.

What you may not do

You may not: copy, reproduce, republish or redistribute substantial portions of the Site’s content except as ordinary quotation and linking allow; scrape, harvest or bulk-download the Site by automated means, or circumvent any rate limit or anti-abuse measure; reverse engineer or attempt to derive the source of anything delivered through the Site; use the Site to develop a competing product, or to benchmark it for a competitor; interfere with the Site’s operation or security; or remove any copyright or proprietary notice.

Changes to the Site

We may change, suspend or discontinue any part of the Site at any time. We will not be liable to you for doing so. This applies to the Site; availability of the software you subscribe to is addressed in the Subscription Agreement.

Help centre content

Our help centre and blog describe how the software behaves at the time of writing. Features change. Nothing in that documentation is a warranty, a commitment that a feature is included in a particular package, or a substitute for the Subscription Agreement and the published pricing.

You can start a free trial or request a demonstration from the Site. Doing so creates a relationship governed by the Subscription Agreement, not by these Terms.

Who the customer is

When you register, you do so on behalf of a business – the collision repair shop or other organization that will use EstVis. You confirm that you are authorized to bind that business. The business, not you personally, is our customer.

Your credentials

Keep your sign-in credentials confidential and do not share them. Tell us promptly at support@estvis.com if you believe an account has been accessed without authorization.

Free trial

The free trial covers the first month, requires no credit card, and does not include every capability of a paid subscription. Its scope and limits are set out in the Subscription Agreement and on our pricing page.

When using the Site, you agree not to: break any applicable law; submit false information, impersonate another person, or use someone else’s contact details in our forms; submit anything unlawful, defamatory, or infringing; upload malware or otherwise attempt to compromise the Site or anyone using it; or attempt to gain access to any system, account or data you are not authorized to reach.

This section covers what you type into our forms or send to our team. It does not cover the data your shop puts into the EstVis software – that is dealt with in the Subscription Agreement, which confirms that such data belongs to your business.

Form submissions

When you submit a demo request, a trial registration or a support enquiry, you give us the information needed to respond to you and to set up your account. We handle it as described in our Privacy Policy. You confirm the information you give us is accurate and that you are entitled to provide it.

Feedback

If you send us suggestions, feature requests or other feedback, we may use it without restriction and without owing you anything for it. We will not publish your feedback in a way that identifies you or your business without asking you first.

Testimonials

We publish customer testimonials only with the consent of the person quoted. If you have given a testimonial and want it changed or removed, email support@estvis.com and we will act on that request.

The Site has no public forums, user profiles, comment threads or contests. Nothing you send us through the Site is published to other visitors.

Third-party links

The Site links to third-party websites, including app stores, integration partners and our payment provider. We do not control them and are not responsible for their content, products or practices. When you follow such a link, that third party’s own terms and privacy policy apply.

Cookies

We set a small number of cookies, and each one is needed either to keep you signed in or to block automated abuse of our forms. We do not use advertising cookies and we do no cross-site tracking. Our Privacy Policy lists every cookie we set, what it does and how long it lasts.

Brand name: EstVis.

This section covers messages we send you – for example, the verification code that confirms your phone number when you start a trial, and account or service notices you have asked to receive. It does not cover repair-status messages sent to vehicle owners through the software: those are sent by the repair shop, on the shop’s instruction and under the shop’s own consent, as set out in the Subscription Agreement.

Providing your mobile number is optional and is not a condition of buying anything from us. Message frequency varies. We do not charge for messages, but your carrier’s message and data rates may apply, and we are not liable for delayed or undelivered messages.

If you subscribe to recurring messages, you will receive a confirmation telling you how to stop: “You have subscribed to receive recurring messages from EstVis. Message frequency varies. Carrier’s message and data rates may apply. Reply STOP to cancel. Reply HELP for help.”

Reply STOP at any time to unsubscribe, and you will receive one confirmation message and nothing further unless you re-subscribe. Reply HELP, call +1 (407) 652-3301, or email support@estvis.com for help. Your mobile number and your opt-in consent are never sold or shared with third parties for their marketing.

If you are in Australia, messages we send you are also subject to the Spam Act 2003 (Cth): we will send commercial messages only with your consent, will identify ourselves in each message, and will honour an unsubscribe request within five business days.

The Site and everything in it – software, text, documentation, images, screenshots, video and design – belongs to EstVis or our licensors and is protected by copyright, trademark and other laws. These Terms give you no rights in it beyond the permission to use the Site described above.

“EstVis” and the EstVis logo are our trademarks. Other marks appearing on the Site – including CCC ONE, Mitchell, Audatex, QuickBooks, PPG, Axalta, BASF, PayPal and Paddle – belong to their respective owners, and their use here is for identification only. It does not imply any endorsement, sponsorship or affiliation. You may not use our marks without our prior written consent.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF HARMFUL CODE.

Figures shown on the Site – including any recovery, payback or return-on-investment calculator – are estimates based on the assumptions displayed alongside them. They are illustrations, not promises, and your results will depend on your own data.

This section is subject to Regional terms. Nothing here excludes any warranty or guarantee that cannot be excluded under the law that applies to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). This limit applies to the Site only. Liability in connection with a paid subscription is capped separately, and at a substantially higher amount, under the Subscription Agreement.

These limits do not apply to liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence, and they are subject to Regional terms.

We respect the intellectual property of others and expect the same of our users. If you believe material on the Site infringes your copyright, send a written notification under 17 U.S.C. § 512(c) to our designated Copyright Agent containing: your physical or electronic signature; identification of the copyrighted work you claim has been infringed; identification of the material you say is infringing and want removed, with enough information for us to locate it; your address, telephone number and email address; a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.

NEEDS-INPUT: designated Copyright Agent. Name, postal address, telephone number and email address of the agent registered with the U.S. Copyright Office must be inserted here. Until an agent is designated and registered, EstVis cannot rely on the DMCA safe harbour and this notification procedure cannot be completed.

We terminate the accounts of repeat infringers in appropriate circumstances. Under 17 U.S.C. § 512(f), a person who knowingly misrepresents that material is infringing may be liable for damages, costs and attorneys’ fees.

This section applies to users in the United States and Puerto Rico. It does not apply to residents of Australia – see Regional terms.

Talk to us first

Before starting arbitration, send us a written Notice of Dispute describing the claim and the relief you want, to the postal address in Contact information. If we have not resolved it within thirty (30) days, either of us may begin arbitration.

Binding arbitration

Claims that cannot be resolved informally or in small claims court will be settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single neutral arbitrator, conducted in English. Claims under US $10,000 may be decided on written submissions at the election of the party seeking relief. Any hearing will be held within 100 miles of your residence unless we agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own costs and an equal share of the administrator’s fees.

Class action waiver

Claims must be brought individually. Neither of us may bring a class, collective or representative action, and claims of different users may not be consolidated.

Jury trial waiver

THE PARTIES WAIVE THEIR RIGHTS TO A TRIAL BY JURY, electing instead that disputes be resolved as set out in this section.

Exceptions

Either party may bring an individual claim in small claims court, and either may seek emergency injunctive relief in court to preserve the status quo pending arbitration. Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of patents, copyrights, trademarks or trade secrets are not subject to arbitration.

Courts

Where these Terms permit litigation in court, the parties submit to the personal jurisdiction of the state and federal courts located in Seminole County, Florida. These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules.

Survival

This section survives the end of your relationship with us. If any part of it is held unenforceable, the rest remains in effect.

Australia

If you are in Australia, the following applies and prevails over anything else in these Terms that conflicts with it.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law, and any term that purports to do so does not apply to you to that extent. Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

The Dispute resolution section – including mandatory arbitration, the class action waiver and the jury trial waiver – does not apply to you. You may bring proceedings in the courts of your State or Territory, and we submit to their jurisdiction. You may also refer a complaint to the Australian Competition and Consumer Commission, or a privacy complaint to the Office of the Australian Information Commissioner.

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. See our Privacy Policy for what we collect, where it is held, the countries it may be disclosed to, how to access or correct it, and how to complain.

United States and Puerto Rico

If you are in the United States or Puerto Rico, the Dispute resolution section applies in full and these Terms are governed by Florida law. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Changes to these Terms

We may revise these Terms from time to time. If we make a substantial change, we will post notice of it on the Site and, where you have given us an email address, send it to you. A substantial change takes effect thirty (30) days after we post or send that notice, and immediately for people who first use the Site after it is posted. Continuing to use the Site after that date means you accept the change. If you do not accept it, stop using the Site.

Termination

We may suspend or withdraw your access to the Site if you breach these Terms or use the Site in a way that harms us or other users. Sections that by their nature should survive – intellectual property, disclaimers, limitation of liability, dispute resolution, regional terms and this section – survive. Suspension of Site access does not by itself affect a paid subscription, which is governed by the Subscription Agreement.

Electronic communications

We communicate with you electronically, through the Site and by email. You consent to receiving communications from us in electronic form, and you agree that notices, disclosures and agreements we provide electronically satisfy any requirement that they be in writing. Keep your email address current – notice sent to the last address you gave us is effective even if that address has stopped working.

Export control

The Site may be subject to U.S. export control laws. You agree not to export, re-export or transfer any technical data obtained from us, or products using it, in violation of those laws.

Everything else

These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Site. If a provision is held invalid, it is modified to the least extent needed to make it enforceable and the rest stays in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. Nothing in these Terms makes either of us the other’s agent, partner or employee. Section headings are for convenience only. “Including” means “including without limitation”.

Your privacy

How we handle personal information is described in our Privacy Policy.

Questions about these Terms, and any Notice of Dispute, should go to:

NEEDS-INPUT: street address. A Notice of Dispute is a precondition to arbitration under Dispute resolution and cannot be delivered to a city and ZIP code alone. The full street address must be inserted before these Terms are relied on.

Email: support@estvis.com · Phone: +1 (407) 652-3301