Terms of Service

1. Definitions

• "Company," "we," "us," or "our" refers to CarvinTech LLC
• "Services" refers to all services, websites, and platforms offered by CarvinTech, including but not limited to Pixetrix, CarvinCloud, PartsGate, and DinerStack
• "User," "you," or "your" refers to any individual or entity using our Services
• "Account" refers to your registered account with our Services
• "Content" refers to any data, text, graphics, photos, or other materials uploaded or created using our Services

2. Acceptance and Changes to Terms

By accessing or using our Services, you confirm that:

• You are at least 18 years old or have legal capacity to enter into this agreement
• You have the authority to bind your organization (if applicable) to these Terms
• You will comply with all applicable laws and regulations

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through our Services. Continued use after changes constitutes acceptance of the updated Terms.

3. Description of Services

Digital Marketing Services

We provide comprehensive digital marketing services including web development, SEO, content marketing, social media management, and PPC advertising.

Software Platforms

• Pixetrix: AI-powered business growth and analytics platform
• CarvinCloud: Web hosting and cloud infrastructure services
• PartsGate: Automotive industry CRM and digital marketing platform
• DinerStack: Restaurant-focused digital marketing and loyalty platform (currently in beta)

Service availability, features, and functionality may vary and are subject to change without notice.

4. User Accounts and Registration

Account Creation

To access certain Services, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the security of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Keeping your account information current and accurate

Account Suspension

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose security risks.

5. Acceptable Use Policy

Permitted Uses

You may use our Services for legitimate business purposes in accordance with these Terms and applicable laws.

Prohibited Uses

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit malware, viruses, or other harmful code
• Engage in fraudulent, deceptive, or misleading activities
• Spam, harass, or abuse other users or third parties
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or attempt to extract source code
• Use our Services to compete with us or develop competing products
• Upload or distribute content that is illegal, offensive, or infringes on intellectual property rights

6. Payment Terms and Billing

Fees and Payment

• Fees are charged according to your selected service plan
• Payment is due in advance on a monthly or annual basis as specified
• All fees are non-refundable unless otherwise stated
• You authorize us to charge your designated payment method
• You are responsible for all taxes applicable to your use of our Services

Late Payment and Suspension

If payment is not received when due, we may suspend or terminate your access to Services. A late fee may be charged for overdue accounts.

Price Changes

We reserve the right to change our pricing with 30 days' advance notice. Price changes will not affect your current billing cycle.

7. Intellectual Property Rights

Our Intellectual Property

CarvinTech retains all rights, title, and interest in our Services, including all intellectual property rights. This includes but is not limited to:

• Software, algorithms, and proprietary technology
• Trademarks, service marks, and logos
• Documentation, content, and user interfaces
• Data analytics and insights derived from aggregated user data

Your Content

You retain ownership of content you create or upload to our Services. By using our Services, you grant us a limited, non-exclusive license to use your content as necessary to provide our Services.

DMCA Policy

We respect intellectual property rights and will respond to valid DMCA takedown notices. If you believe your copyright has been infringed, please contact us at legal@carvintech.com.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Security

We implement industry-standard security measures to protect your data. However, you acknowledge that no method of transmission or storage is 100% secure.

Data Backup and Recovery

While we maintain backup systems, you are responsible for maintaining your own backup copies of important data and content.

9. Service Availability and Support

Uptime and Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance when possible.

Customer Support

We provide customer support through various channels including email, phone, and online chat. Support availability and response times may vary by service plan.

Beta Services

Some services (such as DinerStack) may be offered in beta or preview status. Beta services are provided "as-is" and may have limited functionality or support.

10. Disclaimers and Limitations of Liability

Service Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARVINTECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless CarvinTech and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or relating to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or transmit through our Services

12. Termination

Termination by You

You may terminate your account at any time by contacting our support team. Upon termination, your access to Services will cease, but you remain responsible for any outstanding fees.

Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms or our policies
• Fail to pay fees when due
• Engage in fraudulent or illegal activities
• Pose a security risk to our Services or other users

Effect of Termination

Upon termination, your right to use our Services ceases immediately. We may delete your account and data after a reasonable period, subject to applicable law and our data retention policies.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Georgia, United States, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or our Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Atlanta, Georgia.

Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as part of a class action or collective proceeding.

14. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any applicable service-specific terms, constitute the entire agreement between you and CarvinTech.

Severability

If any provision of these Terms is found to be unenforceable, the remainder of the Terms will remain in full force and effect.

Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, government actions, or network failures.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

15. Contact Information

If you have questions about these Terms or our Services, please contact us: