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Legal
Effective: April 18, 2026
These Terms of Service (the “Terms”) are a contract between you and INU Technologies Inc., a corporation incorporated under the laws of the Province of Ontario, with its registered office at 33 Alyssum Court, Richmond Hill, Ontario L4E 4M7, Canada (“INU Technologies”, and, together with any of its affiliates that from time to time operate the Platform, “we”, “us”, or “our”). INU Technologies owns and operates the website at carfix.to, the CarFix mobile applications, and the related booking, messaging, and support tools (collectively, the “Platform”) under the brand name “CarFix”.
Where these Terms refer to “CarFix”, that name refers to the brand under which INU Technologies offers the Platform. The legal contracting party is INU Technologies Inc. The same operator identity appears on our Privacy Policy, on booking confirmations, and on any invoice issued by us, so that you know at all times the party with whom you are contracting.
By creating an account, using the Platform, submitting a quote request, or otherwise clicking to indicate acceptance, you agree to be bound by these Terms. If you are accepting on behalf of a shop, partnership, corporation, or other entity, you represent that you have authority to bind that entity and references in these Terms to “you” and “your” include that entity.
If you do not agree with any part of these Terms, you must not use the Platform.
IMPORTANT. CARFIX IS AN ONLINE MARKETPLACE. IT INTRODUCES CUSTOMERS TO INDEPENDENT AUTOMOTIVE SHOPS AND HELPS THEM COMMUNICATE AND SCHEDULE APPOINTMENTS. INU TECHNOLOGIES DOES NOT PERFORM, SUPERVISE, DIRECT, CONTROL, OR GUARANTEE ANY REPAIR, MAINTENANCE, DIAGNOSTIC, INSPECTION, DETAILING, TOWING, OR OTHER MOTOR-VEHICLE SERVICE. ALL SUCH SERVICES ARE PROVIDED BY THE SHOP YOU SELECT. THE CONTRACT FOR VEHICLE SERVICES, AND THE OBLIGATION TO PAY FOR THEM, IS BETWEEN THE CUSTOMER AND THE SHOP. PAYMENT FOR VEHICLE SERVICES DOES NOT FLOW THROUGH INU TECHNOLOGIES.
The Platform is owned and operated by INU Technologies Inc. The operator's full legal name, province of incorporation, registered office, and contact email are set out in Section 24, and the same operator identity is disclosed on our Privacy Policy and on each booking confirmation generated by the Platform.
Through the Platform, vehicle owners and other users looking for automotive services (“Customers”) may browse profiles of independent automotive businesses, repair facilities, detailers, body shops, and similar service providers (“Shops”); request written quotes; exchange messages with a Shop; accept a quote; and book an appointment. CarFix is a coordination and communications platform. It does not itself provide, and it is not a provider of, repair, diagnostic, maintenance, inspection, detailing, bodywork, towing, or any other motor-vehicle service.
The Platform does not handle payment for vehicle services. Payment for any repair, maintenance, diagnostic, inspection, detailing, bodywork, or other motor-vehicle service is arranged directly between the Customer and the Shop, at or after the appointment, using methods accepted by that Shop (such as cash, debit card, credit card, or e-transfer). Except for subscription fees paid by Shops to INU Technologies as described in Section 8, INU Technologies does not collect, hold, split, or remit funds between Customers and Shops, and is not a merchant of record, escrow agent, money-transmitter, or payment processor for service transactions.
The Platform may provide informational features, including vehicle profiles, mileage-based service prompts, maintenance schedules, recall notifications relayed from the U.S. National Highway Traffic Safety Administration (NHTSA) and other third-party sources, warranty record-keeping, and an AI-powered support assistant. These features are offered for convenience only. They are general in nature, are not professional mechanical or legal advice, are not safety or roadworthiness certifications, are not a warranty by us, and may be based on incomplete or generic data that does not reflect the specific condition, trim, recall status, or service history of a particular vehicle. Customers must exercise their own judgment and, where appropriate, consult a qualified inspector or the vehicle manufacturer.
You must be at least 18 years of age, or the age of majority in your province or territory if that age is higher, to create an account or to enter into these Terms. By creating an account you represent and warrant that (a) you meet this age requirement, (b) you have the legal capacity and authority to enter into these Terms, (c) the information you submit is true, accurate, current, and complete, and (d) your use of the Platform complies with applicable law.
You are responsible for maintaining the confidentiality of your login credentials, for restricting access to your devices and sessions, and for all activity occurring under your account, whether authorized by you or not. You agree to notify us without undue delay if you know or suspect that your account has been accessed without authorization. We may require re-authentication, a password reset, or other security steps where we reasonably believe they are needed to protect the account or the Platform.
You agree to keep your registration, contact, vehicle, and, where applicable, business information current. We may suspend, restrict, or close accounts that contain information we reasonably believe to be inaccurate, misleading, incomplete, fraudulent, or otherwise inconsistent with these Terms.
Where a Shop is displayed on the Platform with a status such as “verified” or “reviewed and approved”, that status means the following, and nothing more:
Verified or reviewed status does not mean that we have independently audited, inspected, or confirmed the current validity of a Shop's insurance, business licences, technician certifications, workmanship, safety practices, solvency, or ongoing compliance with any specific statute or regulation, and it is not an endorsement, certification, warranty, or guarantee by INU Technologies of quality, skill, legality, or fitness for a particular purpose. Customers should make their own enquiries before committing to a Shop.
Shops are independent businesses. They are not our employees, agents, partners, joint venturers, franchisees, or representatives. We do not control, and we are not responsible for, the methods, workmanship, diagnosis, parts selection, timing, staffing, premises, equipment, safety practices, employment arrangements, tax compliance, or customer-service conduct of any Shop.
When a Customer selects a Shop, accepts a quote, books an appointment, or authorizes work, the underlying contract for repair or other vehicle services is between the Customer and the Shop. INU Technologies is not a party to that contract and owes no obligation under it.
Repair, maintenance, and consumer-protection obligations differ from one province or territory to another. Each Shop must comply with the law of the place where the service is performed, including any applicable motor-vehicle repair legislation, consumer-protection legislation, sales-tax rules, and occupational-health and environmental rules. These Terms do not override rights a Customer has under the consumer legislation of the province or territory in which the service is performed, and nothing in these Terms limits a right that cannot be waived or limited by contract under that legislation.
We do not guarantee that any quote is the lowest available price; that any service will resolve a particular vehicle issue; that a Shop has the capacity, skills, or parts to complete a job on time; or that appointments, parts, or completion times will occur as expected. Diagnostic estimates are often preliminary and may change once the vehicle is inspected.
Before a Customer confirms an appointment, the Platform will display, on or through the booking screen, (a) the name of the Shop, (b) a description of the service or services requested, (c) the price or price estimate provided by the Shop, (d) the Shop's stated cancellation and no-show rules, (e) any applicable warranty terms disclosed by the Shop, (f) the scheduled date and start time, and (g) these Terms and the Privacy Policy by link. The Customer can review and correct those details, including the vehicle information and the appointment time, before confirming the booking.
When a Customer confirms a booking, the Platform will send a booking confirmation by email and store a copy in the Customer's account. The confirmation records the information described in Section 4.1 in a form the Customer can retain and retrieve. The Customer should keep the confirmation and raise any correction promptly with the Shop or with CarFix support.
You agree that (a) booking confirmations, quote documents, messages exchanged through the Platform, notices, and other communications described in these Terms may be provided to you in electronic form, and (b) that electronic form satisfies any legal requirement that the communication be in writing or be delivered in a durable medium, to the extent permitted by applicable law.
Unless expressly stated otherwise, a quote request submitted through the Platform is a non-binding request for information. A Shop may decline, revise, withdraw, or allow a quote to lapse at any time before the Customer accepts it, subject to applicable law.
Customers must provide complete and accurate information about the vehicle and the issue, including make, model, year, trim (if known), VIN (if requested or voluntarily provided), mileage, symptoms, prior repair history that is relevant to the issue, and any photos or documents reasonably required for quoting. The accuracy of a quote or diagnosis depends on this information. INU Technologies is not responsible for a quote that turns out to be incorrect because a Customer omitted or misstated vehicle information.
Depending on the workflow used by a Shop, a booking, an in-app acceptance of a quote, a signed estimate, or another affirmative instruction may constitute the Customer's authorization for the Shop to perform the quoted work. Before authorizing work, the Customer should review the scope of work, the quoted amount, any stated exclusions, the cancellation rules, and any applicable warranty.
Several provinces regulate motor-vehicle repair estimates and require written authorization before a shop can exceed the estimate or perform additional work. For example, in Ontario, the Consumer Protection Act, 2002 and Ontario Regulation 17/05 require repair shops to provide a written estimate on request, to obtain the customer's authorization to perform work, and not to exceed the estimate by more than 10% without further authorization. Comparable rules exist in Quebec under the Consumer Protection Act, and in other provinces under local consumer-protection legislation. The Shop is responsible for complying with the applicable rules. Customers should ensure they have received, and authorized, a written estimate before approving work.
Customers may submit reviews, ratings, photos, and related content about Shops they have actually used. Reviews must be based on genuine first-hand experience and must be accurate, lawful, not defamatory, and not misleading. We may moderate reviews in accordance with the policy described in Section 14.2.
Each Shop represents and warrants that, at all times while it uses the Platform, it holds and maintains all business licences, permits, registrations, certifications, technician qualifications (where applicable), tax registrations, and insurance required under the law of the province or territory in which it operates, and that it carries out its services in accordance with that law.
Each Shop is solely responsible for the accuracy, completeness, legality, and timeliness of its profile, service listings, opening hours, availability, pricing, quotes, disclosures, invoices, receipts, and taxes, and for any representation made to a Customer through the Platform or by separate communication with that Customer.
Each Shop is solely responsible for issuing written estimates and obtaining written authorizations where required by provincial motor-vehicle repair law, including in Ontario under the Consumer Protection Act, 2002 and Ontario Regulation 17/05, in Quebec under the Consumer Protection Act, and under comparable legislation elsewhere. The Platform's quote tools are provided to help Shops satisfy these obligations, but the Platform does not and cannot guarantee compliance in any individual case, and the Shop remains the responsible party.
Each Shop is solely responsible for the vehicles, keys, tools, parts, premises, and property in its custody and for the employees, contractors, and subcontractors involved in its services. Each Shop must maintain commercially reasonable insurance appropriate to the services it provides, including any garage insurance, commercial general liability insurance, and statutory coverage required by law.
Shops must respond to Customer inquiries, quote requests, cancellations, rescheduling requests, post-service concerns, and reasonable support enquiries from us within a reasonable time. We may measure response times and we may restrict a Shop's access to the Platform if responsiveness, complaint patterns, safety, or compliance concerns fall materially below our published standards.
Each Shop is solely responsible for determining, charging where required, reporting, and remitting all federal, provincial, territorial, municipal, sales, excise, payroll, income, and other taxes that arise from its services and from its operation of its business. INU Technologies does not collect or remit taxes on behalf of any Shop in respect of services performed by that Shop.
Each Shop is solely responsible for any warranty it is required to provide by law or that it voluntarily offers in respect of its services. A non-exhaustive summary of statutory warranty obligations, as they apply at the date of these Terms, is set out below. Shops are expected to know the applicable rules in full and to keep up to date with changes.
The Platform's quote and invoice templates are configured to include space for the applicable warranty statement, and Shops must complete that statement truthfully and in a manner that meets or exceeds the applicable statutory minimum. A Shop may not use the Platform to contract out of, waive, or understate a statutory warranty.
For Shops using the Platform's warranty record-keeping feature, the feature stores warranty terms and claims activity for the Shop's own reference and the Customer's benefit. The feature does not shift the warranty obligation to INU Technologies, and INU Technologies is not a party to any warranty claim between a Customer and a Shop.
Shops must not use contact information obtained through the Platform to send marketing or promotional messages unless the Customer has given the separate express consent required by Canada's Anti-Spam Legislation (S.C. 2010, c. 23) or an exemption clearly applies. Transactional messages directly related to a quote or appointment (such as reminders, availability changes, and follow-up regarding the service rendered) are permitted.
A booking is a scheduled appointment between a Customer and a Shop. The Platform records the appointment details, sends confirmations and reminders, and allows the Customer and the Shop to communicate. The Platform does not collect a deposit or any other amount from the Customer in connection with the booking, and INU Technologies is not a party to the service contract formed between the Customer and the Shop on the day of the appointment.
The Customer pays the Shop directly for the services performed, at or after the appointment, using a method accepted by that Shop, such as cash, debit card, credit card, or e-transfer. INU Technologies does not receive, hold, or route those funds, does not issue receipts for those funds, and is not a payment processor for service transactions. Any receipt or invoice for the services is issued by the Shop to the Customer.
Any mandatory amount a Customer must pay in order to receive a service will be disclosed by the Shop on the quote or at the appointment, before the work begins, except for amounts that can only be determined after the vehicle is inspected. Additional charges (such as shop supplies, disposal fees, storage fees, or tax) may apply only where the Shop has disclosed them in a manner that complies with the applicable provincial consumer-protection legislation.
A Customer may cancel a confirmed appointment through the Platform. We ask Customers to cancel at least twenty-four (24) hours before the scheduled start time so that the Shop can release the slot to another Customer. INU Technologies does not collect a deposit and does not impose a monetary cancellation or no-show charge. A cancellation by the Customer therefore does not result in a charge from, or a refund by, INU Technologies.
A late cancellation (being a cancellation made less than twenty-four (24) hours before the scheduled start time) or a no-show is recorded against the Customer's account as an attendance flag. The flag is visible to us and may be visible to the Shop involved. Repeat flags may result in restrictions on the Customer's use of the Platform as described in Section 17 (for example, a requirement to confirm appointments shortly before the scheduled start time, a reduction in the number of concurrent bookings permitted, or, in serious or repeated cases, a suspension of booking privileges).
A Shop may cancel or reschedule an appointment through the Platform, with as much advance notice as reasonably possible. A late cancellation by a Shop, or a failure to be ready at the scheduled start time, is recorded against the Shop's account as a reliability flag. Repeat flags may result in reduced search placement, loss of verified status, or, in serious or repeated cases, restriction or suspension of the Shop's use of the Platform as described in Section 17.
A Shop may charge a late-arrival fee to a Customer who arrives more than fifteen (15) minutes after the scheduled start of a confirmed appointment, provided each of the following conditions is met:
The Late Arrival Fee is charged by the Shop directly to the Customer, at the Shop, at the time of the service or on the Shop's invoice for the service. It is not collected by INU Technologies, and it is not reflected in any payout from INU Technologies. The Late Arrival Fee does not apply if the Shop was itself delayed, if the Shop was able to accommodate the Customer without actual disruption, if the lateness was caused by circumstances reasonably outside the Customer's control and notified to the Shop as soon as practicable, or if charging the fee would be inconsistent with applicable law.
A no-show occurs where a Customer does not arrive at a booked appointment and does not cancel in advance. A no-show is recorded against the Customer's account as described in Section 7.4. A Shop may decline to rebook a Customer who has had repeat no-shows. INU Technologies does not impose a monetary no-show charge and does not hold funds on account of a booking. A Shop may not impose a no-show charge on a Customer unless that charge was disclosed at the time of booking in a manner that complies with the applicable provincial consumer-protection legislation and applicable motor-vehicle repair law.
A dispute concerning the scope, price, quality, diagnosis, timing, or workmanship of a service is primarily between the Customer and the Shop. We may, but are not obliged to, assist in facilitating communication, collecting records, or preserving message history for dispute-resolution purposes. Any such involvement by us is in our capacity as operator of the Platform and does not make us a party to the service contract.
Shops access the Platform on a subscription basis. Current plan names, prices, billing periods, and included features are set out on the CarFix pricing page and in the Shop's account. By subscribing to a plan, the Shop agrees to pay the applicable fee in the currency and on the billing cycle shown at checkout, together with any taxes that apply.
Subscription fees are billed by INU Technologies to the Shop, and are processed through a third-party payment processor (currently Stripe Payments Canada, Ltd. and its affiliates, the “Subscription Payment Processor”). The Shop authorizes INU Technologies and the Subscription Payment Processor to charge the payment method on file for the applicable fees and taxes. The Subscription Payment Processor is engaged solely to bill Shops for their Platform subscription. It is not engaged to process payments between Customers and Shops, and service transactions between a Customer and a Shop do not pass through the Subscription Payment Processor.
Subscriptions renew automatically at the end of each billing period at the then-current price for the plan. A Shop may change or cancel its subscription through the account dashboard, with the effect taking place at the end of the then-current billing period unless otherwise required by law. We may change the prices, features, or structure of the subscription plans from time to time, on notice to the Shop given by email or in-app notice, and a Shop that does not wish to continue under the changed terms may cancel in accordance with this Section 8.3.
If a subscription fee cannot be collected (for example, because a card has been declined, has expired, or has been reported lost), we may retry the charge, update the card through the Subscription Payment Processor's account-updater service where available, and, if the amount remains unpaid after a reasonable period (generally seven (7) days after the first failure), suspend the Shop's ability to receive new bookings until the account is brought current. A suspension does not end the subscription or forgive accrued fees.
A Shop that believes a subscription charge was made in error may contact billing@carfix.to within fourteen (14) days of the charge, with supporting documentation. We will acknowledge a billing enquiry within seven (7) days and will issue a written decision within thirty (30) days. Where an error is confirmed, we will credit or refund the affected amount promptly. Nothing in this Section 8.5 limits a Shop's right to dispute a charge with its card issuer.
We do not charge commissions on completed services, per-lead charges, or any fee tied to the value of a service performed by a Shop. We reserve the right to introduce new fees in the future, in which case we will give notice, and Shops will have the opportunity to cancel before any new fee takes effect.
By creating an account, submitting a quote request, or booking an appointment, you consent to receive electronic communications from us that are directly related to the service you requested. These include receipts, booking confirmations, reminders, rescheduling notices, quote responses, post-service follow-ups, account-security alerts, warranty and recall notifications for vehicles you have added to your garage, policy updates, and other service-related messages. These communications are transactional and do not require separate marketing consent under applicable anti-spam legislation.
Creating an account, submitting a quote request, or booking an appointment does not, by itself, constitute consent to receive marketing or promotional messages. We will only send marketing emails, SMS messages, or push notifications where you have given separate express consent, typically through an unchecked opt-in box or equivalent affirmative action. Consent is recorded at the time it is given, and you may withdraw it at any time by using the unsubscribe link in an email, replying STOP to an SMS, turning off push notifications in your device or account settings, or emailing privacy@carfix.to. Withdrawal of marketing consent does not affect service-related communications described in Section 9.1.
The Platform provides in-app messaging between Customers and Shops. By using it, you consent to the retention of message transcripts, file attachments, and related metadata for the purposes of service coordination, support, dispute handling, quality review, legal compliance, and platform operation. Retention periods for message content are described in the Privacy Policy.
You retain ownership of the content you submit to the Platform, including reviews, ratings, photos, videos, vehicle information, messages, and documents (“User Content”), subject to the licences you grant under this Section 10.
For User Content that you publish to areas of the Platform that are accessible to other users or to the public (including Shop reviews, ratings, and any photos attached to a public review), you grant INU Technologies a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, store, reproduce, modify for formatting, translate, display, distribute, transmit, and otherwise use that User Content, in connection with the operation and promotion of the Platform, including in marketing or publicity materials. This licence survives termination of your account for User Content that has been published to other users or to the public and that you have not removed before termination.
For User Content that you submit privately in order to obtain, manage, or carry out a service (including messages between a Customer and a Shop, private photos attached to a quote or appointment, vehicle identification numbers, mileage logs, and documents uploaded to your garage), you grant INU Technologies a worldwide, non-exclusive, royalty-free, and sublicensable licence to host, store, reproduce, display, and transmit that User Content solely as reasonably necessary to operate the Platform, to deliver the service you requested, to respond to support requests, to investigate fraud or abuse, to resolve disputes, and to comply with law. This licence does not authorize use of that private User Content for marketing or publicity.
You must not submit User Content that is false, misleading, fraudulent, defamatory, harassing, discriminatory, obscene, invasive of another person's privacy, infringing, unlawful, or otherwise objectionable. We may remove, edit for formatting, or restrict access to User Content for the reasons set out in these Terms or as required by law.
We do not use your User Content to train third-party generative artificial intelligence models. We may use aggregated or de-identified data derived from Platform activity to improve the Platform's own features (such as fraud-detection rules, search relevance, and service quality signals).
The Platform includes features that use artificial intelligence, including a chat-style support assistant, a tool that suggests improvements to a Customer's description of a repair issue, and an instant-estimate tool that produces a rough price range from public data. You acknowledge that:
Where you have added a vehicle with a valid VIN to your garage, the Platform may display recall notifications based on data obtained from the U.S. National Highway Traffic Safety Administration (NHTSA) or other third-party sources. These notifications are relayed as a convenience. We do not originate recall data, we do not guarantee that the data we receive is complete or current, and we are not the safety regulator. The absence of a notification on the Platform does not mean that no recall affects your vehicle. You should continue to check with the vehicle manufacturer, the relevant regulator, and your dealer for authoritative recall information.
The Platform integrates with and links to third-party services, including maps, payment processors (for the purpose of Shop subscription billing only), identity providers, VIN lookup services, and business-profile services. We do not control those third-party services. Your use of them may be subject to separate terms and privacy policies. We are not responsible for the availability, content, accuracy, or practices of any third-party service, and references on the Platform to a third-party service do not imply an endorsement.
Where a Shop elects to connect the Platform to its Google Business Profile to import Google reviews or to reply to Google reviews from the Platform, the Shop's use of that integration is also subject to Google's terms and policies. We are not responsible for content on Google Business Profile, for Google's review moderation, or for changes Google makes to its services.
You agree that you will not, and you will not assist any third party to:
Reviews of Shops are moderated in accordance with a published policy, summarized here:
We do not edit the substance of a review. We may correct obvious formatting or encoding issues. We do not shape reviews to favour a Shop in exchange for payment or as part of any paid placement.
The Platform, including its software, code, user interfaces, visual design, brand features (including the CarFix name and logo), compilations, and content we create, is owned by or licensed to INU Technologies and is protected by copyright, trademark, and other laws. Except for the limited right to access and use the Platform in accordance with these Terms, no intellectual-property right is transferred to you. You must not copy, modify, distribute, sell, lease, reverse engineer, decompile, create derivative works from, or otherwise exploit the Platform or any part of it except to the extent permitted by law or with our prior written consent.
Your use of the Platform is also governed by our Privacy Policy, which describes what personal information we collect, how we use and disclose it, where we store it, how long we keep it, and the rights you have under the Personal Information Protection and Electronic Documents Act (PIPEDA), the Act respecting the protection of personal information in the private sector (Quebec, often referred to as Law 25), and other applicable privacy legislation. By using the Platform you acknowledge that we may process personal information in accordance with that Policy.
You may stop using the Platform at any time. A Customer may close their account through the account dashboard. A Shop may cancel its subscription in accordance with Section 8.3.
We may suspend or terminate your access, or remove content, immediately and without prior notice, where we reasonably believe that doing so is necessary to protect the safety or security of the Platform, our users, or a third party, or to prevent or respond to fraud, credential compromise, unlawful activity, payment-network risk, or a violation of law. We will give notice of the action as soon as reasonably practicable afterwards.
In cases other than those described in Section 17.2, we may suspend or terminate a Shop's subscription, or a Customer's account, on fourteen (14) days' written notice by email, for material breach of these Terms that has not been cured during the notice period, or for other good cause. A Shop's prepaid subscription fees covering the period after termination will be refunded on a pro-rated basis, except where the termination was for breach by the Shop.
A Shop or Customer who believes that a suspension or termination was made in error may appeal by emailing support@carfix.to within thirty (30) days of the notice. We will consider the appeal and issue a written decision within thirty (30) days of receiving it. The internal appeal process does not prejudice any legal right the Shop or Customer may have.
Termination does not release you from obligations that accrued before termination, including obligations to pay accrued subscription fees, indemnity obligations, and liability for prior conduct. The sections listed in Section 20 survive termination.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL FEATURES OFFERED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL.
WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND SATISFACTORY QUALITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, TIMELY, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY SHOP, QUOTE, REVIEW, APPOINTMENT, DIAGNOSIS, RECOMMENDED PART, RECALL NOTIFICATION, OR AI-GENERATED OUTPUT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
NOTHING IN THIS SECTION 18 EXCLUDES A WARRANTY, CONDITION, OR RIGHT THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, AND NOTHING IN IT LIMITS A CUSTOMER'S RIGHTS UNDER APPLICABLE CONSUMER-PROTECTION LEGISLATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INU TECHNOLOGIES AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, VEHICLE USE, BUSINESS INTERRUPTION, TOWING OR SUBSTITUTE TRANSPORTATION COSTS, DIMINUTION IN VALUE, OR DATA LOSS, ARISING OUT OF OR RELATED TO THE PLATFORM OR ANY SERVICES ARRANGED THROUGH IT, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO SECTION 19.3, THE AGGREGATE LIABILITY OF INU TECHNOLOGIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM SHALL NOT EXCEED THE GREATER OF (a) THE TOTAL SUBSCRIPTION OR OTHER FEES YOU ACTUALLY PAID TO INU TECHNOLOGIES IN THAT PERIOD, AND (b) ONE HUNDRED CANADIAN DOLLARS (CA$100.00).
The limitations in Sections 19.1 and 19.2 do not apply to, and no cap under these Terms shall reduce our liability for, (a) our own gross negligence, wilful misconduct, or fraud, (b) our own breach of the Privacy Policy or of applicable privacy legislation where that breach was caused by our gross negligence or wilful misconduct, (c) death or personal injury caused by our negligence, (d) any liability that cannot be limited or excluded under applicable law (including non-waivable consumer-protection rights), or (e) an amount owed by us as a refund of a Shop's prepaid subscription fee where the refund is properly due under Section 8 or Section 17.
The limitations in this Section 19 apply regardless of the form or theory of liability (whether in contract, tort, negligence, strict liability, statute, or otherwise) and even if a limited remedy fails of its essential purpose.
A Customer agrees to indemnify and hold harmless INU Technologies and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against claims, demands, actions, proceedings, liabilities, damages, losses, and reasonable legal fees arising out of or related to (a) the Customer's breach of these Terms, (b) the Customer's unlawful use of the Platform, (c) the Customer's User Content, or (d) the Customer's violation of the intellectual-property, privacy, or other rights of a third party. This indemnity does not extend to losses caused by our negligence, wilful misconduct, or breach of these Terms.
A Shop agrees to indemnify and hold harmless INU Technologies and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against claims, demands, actions, proceedings, liabilities, damages, losses, and reasonable legal fees arising out of or related to any of the following: the Shop's services (including workmanship, diagnosis, parts, timing, and warranty performance); the Shop's custody of, or damage to, vehicles, keys, or other property; personal injury or property damage caused by the Shop or its employees, contractors, or subcontractors; the Shop's tax matters, employment matters, and regulatory compliance; the accuracy of information the Shop supplies through the Platform; and the Shop's breach of these Terms. This indemnity does not extend to losses caused by our negligence, wilful misconduct, or breach of these Terms.
We may, at our option and expense, assume the exclusive defence and control of a matter otherwise subject to indemnification under this Section 20. You agree to cooperate with any such defence.
A dispute about a service, quote, diagnosis, workmanship, scope, price, timing, warranty, vehicle condition, property damage, or similar matter is primarily between the Customer and the Shop. We may, but are not obliged to, assist in facilitating communication, collecting records, or preserving message history. Any such assistance is provided in our capacity as operator of the Platform and does not make us a party to the dispute or create any duty on us to investigate, adjudicate, or resolve it in any particular way. Either party remains free to pursue any remedy available at law.
We may modify, suspend, or discontinue features of the Platform, and we may update these Terms from time to time. If we make a material change to these Terms, we will give notice by email, in-app notice, or a prominent notice on the Platform at least thirty (30) days before the change takes effect, unless a shorter period is required by law, is needed to address a security or legal risk, or is agreed by you. The notice will state the effective date of the change and how to review the updated Terms. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms, to the extent permitted by law. A prior version of these Terms will remain available on request by email to support@carfix.to.
These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
Subject to Section 23.3, each party agrees that the courts located in the City of Toronto, Ontario, have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms or the Platform. A Customer who is a consumer and who is resident in a Canadian province or territory retains the right to bring or defend proceedings in the courts of the province or territory in which the consumer resides, to the extent required by applicable consumer-protection legislation.
Nothing in these Terms excludes, restricts, or modifies a right or remedy that a consumer has under applicable provincial or federal consumer-protection legislation that cannot be excluded, restricted, or modified by contract. Provincial legislation that may apply includes the Consumer Protection Act, 2002 (Ontario), the Consumer Protection Act (Quebec), the Business Practices and Consumer Protection Act (British Columbia), the Consumer Protection Act (Alberta), and comparable legislation in other provinces and territories.
These Terms are presented in English. At the request of the parties, the contract and all related documents (including notices) have been drawn up in English only, to the extent permitted by law. Les parties ont expressément demandé que le présent contrat et tous les documents qui s'y rattachent soient rédigés en anglais, dans la mesure où la loi le permet. A French-language summary of these Terms is available on request by email to support@carfix.to. Where a Quebec consumer would, but for this clause, have the right under the Charter of the French Language (R.S.Q., c. C-11) to require a French version of an adhesion contract, we will provide a French version before the consumer adheres to the contract.
The provisions of these Terms that by their nature are intended to survive termination or expiry will survive, including Sections 1 (About CarFix and the Parties), 8 (Shop Subscription Fees) with respect to accrued amounts, 10 (User Content), 15 (Intellectual Property), 16 (Privacy and Data), 18 (Disclaimer of Warranties), 19 (Limitation of Liability), 20 (Indemnity), 21 (Disputes Between Users), 23 (Governing Law, Jurisdiction, and Language), 24 (Survival), and 25 (General).
These Terms, together with the Privacy Policy and any additional terms expressly referenced herein (such as a Shop subscription order form, if any), constitute the entire agreement between you and INU Technologies in respect of the Platform and supersede any prior or contemporaneous understanding on the same subject matter.
If a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force.
Our failure to enforce a provision of these Terms is not a waiver of our right to do so on a later occasion.
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or by operation of law.
Section headings are provided for convenience only and do not affect the interpretation of these Terms. The words “including”, “includes”, and “include” mean “including, without limitation”.
Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and INU Technologies.
We are not liable for delay or failure to perform an obligation under these Terms to the extent caused by an event beyond our reasonable control, including acts of God, natural disasters, pandemic, labour disputes, failures of telecommunications or hosting providers, denial-of-service attacks, and actions of government.
Questions about these Terms may be directed to INU Technologies Inc. at the address below.
INU Technologies Inc. (operating as CarFix)
33 Alyssum Court
Richmond Hill, Ontario L4E 4M7
Canada
Email: Support@CarFix.to
Privacy enquiries: privacy@carfix.to
Billing enquiries (Shops): billing@carfix.to