Terms of Service

1. Definitions

"Service" means the software service provided by ToCar, including all features and updates. "Customer" means the organization or business entity that accepts these terms. "User" means an individual who uses the Service on behalf of a Customer. "Agreement" means these terms together with the Data Processing Agreement and any applicable order documents. "Customer Data" means data that the Customer or Users input or upload into the Service.

2. Service Scope

ToCar provides software for automotive workshop operations, including work orders, customer management, vehicle records, inventory, invoicing, and related administrative tools. We may improve, modify, or discontinue specific features when reasonably necessary for business, legal, or security reasons.

3. Eligibility and Contracting Party

The service is intended for professional and business use. You represent that your organization is legally established and that the person accepting these terms has authority to enter into this agreement on behalf of your organization.

4. Account Responsibilities

You must provide accurate registration and company information, keep account credentials secure, and ensure that user access is managed according to least privilege. You are responsible for all activity performed through your accounts unless caused by our proven breach of security obligations.

5. Acceptable Use

You must use the service lawfully and in compliance with applicable regulations, including data protection rules. You may not misuse the service, interfere with its operation, attempt unauthorized access, distribute malware, or use the service in a way that infringes the rights of others.

6. Customer Data and Roles

As between the parties, you retain ownership of your customer and workshop data. For personal data processed on your behalf, your organization acts as controller and ToCar acts as processor unless otherwise stated. Processing is governed by these terms and the applicable Data Processing Agreement (DPA).

7. Data Processing Agreement (DPA)

Where required by Article 28 of Regulation (EU) 2016/679 (GDPR), the DPA forms part of this agreement and governs processing instructions, confidentiality, security, subprocessors, assistance obligations, audits, and return or deletion of personal data at termination.

8. Subprocessors

You authorize ToCar to use subprocessors reasonably required to provide the service. A current subprocessor list is made available to customers and will be updated when material changes are made. We remain responsible for subprocessor performance to the extent required by applicable law.

9. Security

We implement appropriate technical and organizational security measures, taking into account the nature of the service and risks to personal data. You are responsible for secure endpoint usage, user administration, and internal access governance within your organization.

10. Availability and Support

We aim to maintain reliable service availability and provide support through the channels communicated to customers. Maintenance, updates, force majeure events, and third-party dependencies may temporarily affect availability.

11. Trial, Fees, Taxes, and Payment

Trial length, pricing, billing interval, and included features are shown during sign-up or in your customer plan details. Paid plans renew according to the selected billing cycle unless canceled before the next renewal date. Fees are exclusive of applicable taxes, including VAT, unless explicitly stated otherwise. Late or failed payment may result in service restriction or suspension after reasonable notice where required.

12. Term and Renewal

This agreement starts when you accept these terms and continues for the selected subscription period, renewing automatically unless canceled according to the applicable plan terms.

13. Suspension and Termination

Either party may terminate this agreement for material breach not cured within a reasonable cure period, or as otherwise permitted by law. We may suspend access for serious security risks, prohibited use, or persistent non-payment. Upon termination, we will handle customer data according to the DPA and applicable law.

14. Intellectual Property

ToCar and its licensors retain all rights, title, and interest in the service, software, and related materials. Subject to these terms and payment of applicable fees, we grant your organization a limited, non-exclusive, non-transferable right to use the service during the term.

15. Confidentiality

Each party must protect the other party's confidential information with at least reasonable care and may use such information only for performance of this agreement, unless disclosure is required by law.

16. Warranties, Disclaimers, and Liability

The service is provided on an as-is and as-available basis, except to the extent warranties cannot be excluded under mandatory law. To the maximum extent permitted by applicable law, neither party is liable for indirect, consequential, or special damages, including loss of profits or business interruption. Each party's aggregate liability under this agreement is limited to the total fees paid or payable by you for the 12 months preceding the event giving rise to liability, except for liability that cannot be limited under law.

17. Indemnification

You agree to indemnify and hold ToCar harmless from third-party claims arising from your unlawful use of the service, your violation of these terms, or your infringement of third-party rights, except to the extent caused by ToCar's breach.

18. Changes to Terms

We may update these terms when necessary due to legal, security, operational, or product reasons. Material changes will be communicated in advance using appropriate channels. Continued use of the service after the effective date of updated terms constitutes acceptance, unless mandatory law requires a different process.

19. Governing Law and Dispute Resolution

These terms are governed by the laws of Finland, excluding its conflict of law rules. Disputes shall be resolved by the competent courts of Finland, unless mandatory law provides otherwise.

20. Contact

For legal or contractual questions related to these terms, contact support@tocar.fi.