Terms of Use

Last updated: January 21, 2025

1. Acceptance of Terms

By accessing or using the Painless Manufacturing platform ("Platform"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not access or use the Platform.

These Terms apply to all users of the Platform, including manufacturers, dealers, and any other individuals or entities accessing the Platform.

2. About the Platform

Painless Manufacturing ("Service Provider", "we", "us", or "our") provides a software-as-a-service platform that facilitates business-to-business ordering and relationship management between manufacturers and their dealers.

3. Account Registration and Security

To access certain features of the Platform, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities that occur under your account
  • Immediately notify us of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Acceptable Use

You agree not to use the Platform to:

  • Violate any applicable law, regulation, or third-party rights
  • Upload or transmit viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to the Platform or other users' accounts
  • Interfere with or disrupt the Platform's operation
  • Use the Platform for any fraudulent or deceptive purposes
  • Scrape, harvest, or collect data from the Platform without authorization
  • Impersonate any person or entity

5. Data Collection and Privacy

Your data may be recorded, stored, and accessed. By using the Platform, you acknowledge and consent that we may collect, record, store, and access:

  • Account information and user credentials
  • Usage data and activity logs
  • IP addresses, device information, and browser data
  • Communications conducted through the Platform
  • Any other data submitted to or generated by the Platform

We may use this data for Platform operation, security monitoring, service improvement, and other legitimate business purposes.

6. Data Security Disclaimer

WE ARE NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO DATA. While we implement reasonable security measures, no system is completely secure. You acknowledge that:

  • Data may be lost due to hardware failure, software errors, cyberattacks, or other causes
  • We are not obligated to maintain backups of your data
  • You are responsible for maintaining your own backups of critical data
  • Transmission of data over the internet is inherently insecure

7. Platform "As-Is"

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Platform will be available at all times, operate without interruption, or be free from errors or security vulnerabilities.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including loss of profits, data, or goodwill, arising out of or related to your use of the Platform.

Our total liability shall not exceed the amounts paid by you (if any) in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless the Service Provider and its officers, directors, employees, and affiliates from any claims, damages, losses, or expenses arising out of your use of the Platform or violation of these Terms.

10. Service Discontinuation

We reserve the right to modify, suspend, or discontinue the Platform at any time. In the event of discontinuation:

  • We will make reasonable efforts to provide advance notice
  • Users will have an opportunity to export their data where feasible
  • Data may be permanently deleted following the notice period
  • No refunds or compensation shall be owed

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Platform or via email. Continued use of the Platform following changes constitutes acceptance of the revised Terms.

12. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

13. Governing Law

These Terms shall be governed by applicable law. Any legal action must be commenced within one (1) year after the cause of action arises.