End-User License Agreement

This End-User License Agreement ("Agreement") is a legal contract between you ("you," "your") and 440 Technologies LLC, doing business as Spekco ("Spekco," "we," "us"), governing your access to and use of the Spekco platform, including its web applications, mobile interfaces, customer portal, point-of-sale terminal, third-party integrations, and related services (collectively, the "Software").

By creating an account, signing in, or otherwise using the Software, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a business, you represent that you have authority to bind that business.

1. License Grant

Subject to your continued compliance with this Agreement and your active subscription, Spekco grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software for your internal business operations during your subscription term.

2. Permitted Use

You may use the Software to manage your service business operations, including but not limited to:

• Tracking customer repairs, appointments, and communications
• Processing in-store and online sales through the integrated point-of-sale and storefront
• Issuing invoices and receipts to your customers
• Connecting authorized third-party services (payment processors, accounting platforms, email/SMS providers, shipping carriers) to your account

3. Restrictions

You may not, and may not permit any third party to:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Software
• Reverse-engineer, decompile, disassemble, or attempt to derive source code or underlying ideas from the Software
• Use the Software to build, train, or improve any competing product or service
• Resell, rebrand, or offer the Software as a service to third parties without a written reseller agreement
• Access the Software through automated means (bots, scrapers, crawlers) other than via documented APIs and at documented rate limits
• Circumvent or attempt to circumvent any usage limits, plan restrictions, or security features
• Use the Software for any unlawful purpose, including processing payments for prohibited or restricted goods or services as defined by your payment processor

4. Intellectual Property

The Software, including all source code, designs, trademarks, documentation, and underlying technology, is the exclusive property of Spekco and its licensors. This Agreement grants you a license to use the Software, not ownership. All rights not expressly granted are reserved.

You retain all rights to the data you input into the Software ("Customer Data"), including customer records, ticket history, sales records, and product catalogs. You grant Spekco the limited right to process Customer Data solely as necessary to provide the Software to you.

5. Third-Party Services

The Software integrates with third-party services including but not limited to Stripe, Square, QuickBooks Online, Resend, Twilio, and shipping carriers. Your use of those services is governed by their own terms and policies. Spekco is not responsible for the availability, accuracy, or behavior of third-party services. When you connect a third-party service, you authorize Spekco to exchange data with that service on your behalf, limited to the scope of the integration.

6. Service Availability

Spekco will make commercially reasonable efforts to keep the Software available, but does not guarantee uninterrupted access. The Software may be unavailable during scheduled maintenance, third-party outages, or events beyond our reasonable control.

7. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SPEKCO DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPEKCO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPEKCO'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID SPEKCO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS.

9. Indemnification

You agree to indemnify, defend, and hold harmless Spekco, its affiliates, and their officers, directors, employees, and agents from any third-party claims, damages, or expenses (including reasonable attorneys' fees) arising from (a) your misuse of the Software, (b) Customer Data you upload or process through the Software, (c) your violation of this Agreement, or (d) your violation of any third party's rights, including intellectual property or privacy rights.

10. Termination

This Agreement remains in effect until terminated. You may terminate by closing your Spekco account. Spekco may suspend or terminate your access for breach of this Agreement, non-payment, or if continued operation poses risk to Spekco or other users. Upon termination, your license to use the Software ends immediately. Sections 4, 7, 8, 9, 11, and 12 survive termination.

11. Updates to this Agreement

We may update this Agreement from time to time. Material changes will be communicated through the Software or by email at least thirty (30) days before they take effect. Your continued use of the Software after the effective date constitutes acceptance of the updated Agreement.

12. Governing Law

This Agreement is governed by the laws of the State of Ohio, United States, without regard to its conflict-of-laws principles. Any dispute arising from or related to this Agreement shall be brought exclusively in the state or federal courts located in Cuyahoga County, Ohio, and you consent to the personal jurisdiction of those courts.

13. Entire Agreement

This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and Spekco regarding the Software and supersedes any prior or contemporaneous communications, proposals, or agreements.

14. Contact

Questions about this Agreement: support@spekco.com