Terms of Service
These Terms of Service ("Terms") are an agreement between WeaveHub Technologies LLC ("WinchWorks," "we," "us"), a limited liability company organized in the United States, and the business that creates a WinchWorks account ("you," "your," or the "Customer"). By creating an account or using WinchWorks, you accept these Terms on behalf of your business. If you do not agree, do not use the service.
1. The Service
WinchWorks (winch.works) is business management software for tow and vehicle storage operators. It lets you create and manage jobs, invoices, and payments records; store customer and vehicle information; upload photos and documents; and run related administrative workflows for your company. WinchWorks is a multi-tenant service: each customer company's data is kept in a separate tenant.
WinchWorks is a record-keeping and workflow tool. It does not provide legal advice, and it does not by itself guarantee your compliance with towing, storage, lien, or notice laws in your jurisdiction. You remain responsible for complying with the laws that apply to your business.
2. Accounts and Responsibility
You must provide accurate registration information and keep it current. You are responsible for:
- maintaining the confidentiality of the credentials of every user on your account;
- all activity that occurs under your account and your users' accounts;
- ensuring that the people you add as users are authorized to act for your business; and
- notifying us promptly at security@winch.works if you suspect unauthorized access.
You must be authorized to bind the business you register, and the service is intended for business use, not personal or household use.
3. Acceptable Use
You agree not to:
- use the service for any unlawful purpose, or to store or process data you do not have the legal right to hold;
- attempt to access another customer's tenant or any data that does not belong to your company;
- probe, scan, or test the vulnerability of the service, or circumvent authentication or security controls;
- interfere with the operation of the service, including by imposing an unreasonable load on our infrastructure;
- upload malware or content that infringes the rights of others;
- resell, sublicense, or provide the service to third parties as a service bureau without our written agreement; or
- use the service to send unsolicited bulk communications.
We may suspend access, with notice where reasonably practicable, if we believe your use threatens the security or integrity of the service or other customers.
4. Subscription, Billing, Trial, and Cancellation
WinchWorks is offered as a subscription at $99 per month per company, billed monthly. New accounts receive a 30-day free trial; no payment card is required to start the trial. At the end of the trial, continued use of the service requires an active paid subscription.
Payments are processed by Stripe, Inc. We do not store your full payment card details on our own systems; those are handled by Stripe under its own terms and privacy policy.
Subscriptions renew automatically each month until cancelled. You may cancel at any time from within the application; cancellation takes effect at the end of the current billing period, and you retain access until then. Except where required by law, fees already paid are non-refundable. We may change subscription pricing with at least 30 days' advance notice; price changes apply from your next billing period after the notice period ends.
If a payment fails, we may retry the charge and, after reasonable notice, suspend the account until payment is resolved.
5. Your Data: Ownership and Our License
You own the data your company enters into WinchWorks, including job records, invoices, payment records, customer and vehicle-owner information, photos, and documents ("Customer Data"). Nothing in these Terms transfers ownership of Customer Data to us.
You grant us a limited, non-exclusive license to host, store, transmit, display, back up, and otherwise process Customer Data solely as needed to provide, secure, and support the service, to comply with law, and to enforce these Terms. We do not sell Customer Data and we do not use it for advertising.
You are responsible for the accuracy and lawfulness of Customer Data, including any personal information about vehicle owners and other third parties that you or your users enter. You represent that you have a lawful basis to collect and store that information and to have us process it on your behalf. The allocation of privacy roles between us is described in our Privacy Policy.
6. Availability; No SLA
We work to keep WinchWorks available and reliable, but the service is provided "as is" and "as available." We do not offer a service level agreement, and we do not warrant that the service will be uninterrupted, error-free, or free of defects. Maintenance, upgrades, and events outside our control may cause downtime. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
You are responsible for maintaining any records outside the service that your business is legally required to keep independently.
7. Limitation of Liability
To the maximum extent permitted by law:
- neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or loss of data, even if advised of the possibility of such damages; and
- our total aggregate liability arising out of or relating to the service or these Terms will not exceed the amounts you paid to us for the service in the twelve (12) months before the event giving rise to the claim.
These limits do not apply to liability that cannot be limited under applicable law. Some jurisdictions do not allow certain exclusions or limitations, in which case they apply only to the extent permitted.
8. Indemnification
You will defend and indemnify WeaveHub Technologies LLC and its members, officers, and employees against third-party claims, and resulting damages, penalties, and reasonable costs, arising from (a) Customer Data, including claims that data you entered about a third party was collected or used unlawfully; (b) your use of the service in violation of these Terms or applicable law, including towing, storage, and lien laws; or (c) disputes between you and your own customers. We will notify you promptly of any such claim and reasonably cooperate at your expense.
9. Termination and Data Retention
You may close your account at any time by requesting account closure in the application. We may terminate or suspend your account for material breach of these Terms if the breach is not cured within a reasonable period after notice, or immediately for serious violations such as unlawful use or attempts to compromise the service.
After an account is closed (whether by you or by us), we retain the account's data for 30 days so it can be recovered if the closure was accidental or you change your mind. After that 30-day window, the data is purged from our systems. Financial and transaction records that we are legally required to keep (for example, for tax or accounting purposes) may be retained for as long as the applicable law requires, and are then deleted.
Sections that by their nature should survive termination (including data ownership, limitation of liability, indemnification, and governing law) survive.
10. Governing Law and Disputes
These Terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in New York for any dispute arising out of these Terms or the service, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
11. Changes to These Terms
We may update these Terms from time to time. For material changes, we will give notice (for example by email to your account's administrative contact or by an in-app notice) at least 30 days before the change takes effect where reasonably practicable. Continued use of the service after the effective date of updated Terms constitutes acceptance. If you do not agree to a change, your remedy is to cancel your subscription before the change takes effect.
12. General
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all assets; we may assign them to an affiliate or successor. Neither party is liable for delay or failure caused by events beyond its reasonable control.
13. Contact
Questions about these Terms: hello@winch.works.