Terms & Conditions

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “Shop”, or “End User”) and Smog Master Systems LLC, including its affiliates ("Smog Master", the “Company,” “we”, “us”, or “our”), concerning your access to and use of our websites (including Smog Master, referred to as the “Sites”), applications, software services and professional services, as well as any media, information, or content made available therein, therefrom or otherwise related to or connected therewith (collectively, the “Services”).

YOU AGREE THAT BY CLICKING “I ACCEPT” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, INCLUDING SMOG MASTER’S PRIVACY POLICY (TOGETHER WITH ANY OTHER SPECIFIC AGREEMENTS BETWEEN YOU AND SMOG MASTER, INCLUDING BUT NOT LIMITED TO ANY SHOP SERVICES AGREEMENT, THE “AGREEMENT”). IF YOU DO NOT AGREE WITH THE AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF SMOG MASTER AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE OPERATIONAL MESSAGES OR PROMOTIONAL CONTENT. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.

Supplemental terms and conditions or documents that may be posted on the Sites from time to time are hereby expressly incorporated herein by reference. We may make changes to this Agreement from time to time. Please check this Agreement periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions (unless otherwise stated). We may also require that you accept modified Terms in order to continue to use the Service. We will further alert you about any changes by updating the “Last updated” date of this Agreement. If you do not agree to the modified Agreement, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted herein, this Agreement may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

Additional terms and conditions with respect to new and add-on products and services may also be added to this Agreement at any time by appending them hereto. Such terms and conditions are “Product Specific Terms” as set forth below.

2. Account Registration

• Eligibility: You must be at least 18 years old and capable of entering into legally binding agreements.
• Account Information: You agree to provide accurate, current, and complete information during the registration process and to keep this information updated.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for any activity on your account.

3. Services and Billing

• Plans & Services: Smog Master offers subscription-based plans and other services, which are billed monthly. For software, customers are billed at the beginning of each month for the prior month's service.
• Trial Periods: Smog Master may offer free or discounted trial periods for new users. After the trial, standard subscription fees apply.
• Price Adjustments: Smog Master reserves the right to adjust prices for its services. Any changes will be communicated to you in advance, and the updated fees will apply at the start of your next billing cycle.
• Payment Authorization: You authorize Smog Master to charge your designated payment method for subscription fees, applicable taxes, and any usage-based costs.
• Cancellation and Refunds: You may cancel your subscription at any time by submitting a written notice to info@smogmaster.com . No refunds will be issued for the remaining portion of the billing cycle after cancellation, except as required by law.

4. Delinquent Accounts

• Suspension of Access: Smog Master may suspend or terminate access to the Service for accounts that have unpaid subscription fees or other outstanding charges.
• Collections: Delinquent accounts may be referred to collections. You are responsible for paying any costs associated with collecting overdue amounts, including attorney fees and court costs.
• Account Reinstatement: To reactivate a suspended account, all outstanding balances, including late fees and any applicable reconnection fees, must be paid in full.

5. License and Use

• License Grant: We grant you a non-exclusive, non-transferable, limited license to use the Service in accordance with these Terms.
• Restrictions: You agree not to:
  • Copy, modify, or create derivative works of the Service;
  • Reverse engineer, decompile, or disassemble the Service;
  • Use the Service for illegal or unauthorized purposes.

6. Data and Privacy

Your use of the Service is governed by our Privacy Policy, which explains how we collect, use, and protect your data. The Privacy Policy can be found at smogmaster.com/private-policy. By agreeing to these Terms, you also agree to the Privacy Policy.

7. Client Data Obligations

Client is solely responsible for implementing safeguards to protect the security of their data when accessing and using the Services. This includes taking precautions to prevent the loss of data, including backing up all data from the Service to an alternate location.

8. Service Availability and Updates

• Smog Master will endeavor to provide uninterrupted access to the Service but does not guarantee availability or error-free operation. Scheduled maintenance or unforeseen circumstances may result in downtime.
• Smog Master reserves the right to update or modify the Service. Any changes that materially affect your use will be communicated in advance whenever possible.

9. Subcontractors

Smog Master may utilize subcontractors or other third parties to perform its obligations under these Terms. Smog Master remains responsible for the actions and performance of its subcontractors to the same extent as if those actions were performed by Smog Master directly. Any use of subcontractors will not diminish Smog Master’s obligations to you under these Terms.

10. Intellectual Property

• Ownership: All rights, title, and interest in and to the Service, including content, trademarks, software, and features, remain with Smog Master Systems LLC ("Smog Master") and its licensors.
• User Content: By submitting content to the Service, you grant Smog Master a worldwide, royalty-free license to use, modify, and display your content solely to operate the Service.
• Feedback: If you provide feedback or suggestions, you grant us a worldwide, royalty-free license to use them for any purpose without obligation to you.

11. Ownership of Software

Smog Master retains all rights, title, and interest in and to the software, including all modifications, enhancements, and updates provided as part of the Service. The software is licensed, not sold, to you for your use in accordance with these Terms. Any unauthorized use of the software is strictly prohibited.

12. Termination

• For Cause: Smog Master may suspend or terminate your account immediately if you violate these Terms or for any lawful reason.
• For Convenience: Either party may terminate this agreement with notice. No refunds will be issued for partial billing periods.

13. Limitation of Liability

To the fullest extent permitted by law, Smog Master Systems LLC ("Smog Master") shall not be liable for indirect, incidental, punitive, or consequential damages arising from your use of the Service. Total liability for any claims will be limited to the fees you paid in the 12 months preceding the claim.

14. Dispute Resolution

• Governing Law: These Terms are governed by the laws of California.
• Arbitration: You agree that disputes arising under this Agreement will be resolved by binding, individual arbitration. BY ACCEPTING THIS AGREEMENT, YOU AND SMOG MASTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement (except for matters that may be taken to small claims court), and your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
• Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.
• Informal Resolution Requirement: As referenced in Section 14, you must first attempt informal resolution of the dispute before pursuing arbitration.

15. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify Smog Master and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Smog Master Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with:

• Your unauthorized use of, or misuse of, the Services or the Sites;
• Your violation of any portion of this Agreement, any representation, warranty, or agreement referenced in this Agreement, or any applicable law or regulation;
• Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, in connection with your use of the Services, the Sites, or any data, materials or information you provide to the Serovvices;
• Any dispute or issue between you and any third party.

16. Force Majeure

Neither party shall be liable for delays in or for failures to perform under this Agreement due to causes beyond its reasonable control, including acts of God, acts or omissions of the other party or a third party, third party product or service failures, Internet or telecommunications outages, acts of civil or military authorities, fire, strikes, power surges or outages, epidemics, flood, earthquakes, riot, or war (a “Force Majeure Event”). Each party shall use commercially reasonable efforts to provide the other party with notice of any such events.