Shopwerks

Shopwerks Terms of Service

Effective Date: September 2, 2026

These Terms of Service (“Terms”) govern access to and use of Shopwerks, including the Shopwerks website, software platform, hosted websites, applications, features, integrations, and related services (collectively, the “Service”).

Shopwerks is operated by Ecra Systems LC, an Oklahoma company (“Shopwerks,” “we,” “us,” or “our”).

By creating an account, purchasing a subscription, or using the Service, you agree to these Terms on behalf of yourself and, if applicable, the business or organization you represent. If you are accepting these Terms on behalf of a business, you represent that you have authority to bind that business.

1. Business Use

Shopwerks is intended primarily for commercial use by repair shops, powersports businesses, dealerships, and other businesses.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service.

You are responsible for ensuring that your use of Shopwerks complies with laws and regulations applicable to your business.

2. Month-to-Month Service; No Long-Term Contract

Shopwerks subscriptions are provided on a month-to-month basis unless otherwise expressly stated at the time of purchase.

There is no required long-term commitment or fixed subscription term.

Subscriptions automatically renew each month until canceled. You may cancel at any time before your next renewal date. Cancellation stops future renewals but does not normally result in a prorated refund for a billing period that has already begun.

Your Service remains available through the end of the billing period for which you have paid unless your account is suspended or terminated for violation of these Terms.

3. Subscription Pricing

The subscription price shown and accepted when you subscribe is the price applicable to your account, subject to any clearly disclosed introductory promotion.

If you receive temporary promotional pricing, your subscription will move to the ongoing recurring price disclosed when you subscribed after the promotional period ends.

For continuously active Shopwerks subscriptions, the accepted ongoing subscription price is locked for that subscription unless you agree to a different plan, package, or pricing arrangement.

If you cancel and later reactivate your account, the pricing then available to new or returning customers may apply.

Taxes and government-imposed charges, where applicable, are additional.

Optional services, hardware, merchant processing, custom development, marketing services, telephone services, third-party products, and other add-ons may have separate charges and terms.

4. Payment

You authorize Shopwerks and its payment providers to charge the payment method associated with your account for subscription fees, applicable taxes, and other authorized purchases.

You agree to maintain a valid payment method.

If payment fails, we may retry the charge and may suspend access to paid features until the account is brought current.

Shopwerks may use third-party payment processors. Shopwerks does not independently store all payment-card information provided to those processors and is not a bank, card network, or financial institution.

5. Accounts and Authorized Users

You are responsible for activity occurring under your Shopwerks account and for maintaining the confidentiality of account credentials.

You may provide access to employees, contractors, technicians, service writers, managers, accountants, and other personnel whom you authorize to use the Service on your behalf.

You are responsible for managing those users and removing access when it is no longer appropriate.

You must promptly notify Shopwerks if you believe an account or credential has been compromised.

6. Customer Data

As between you and Shopwerks, you retain ownership of the business and customer data you enter into Shopwerks (“Customer Data”).

You grant Shopwerks a limited license to host, store, copy, process, transmit, back up, display, and otherwise use Customer Data as reasonably necessary to provide, maintain, secure, support, and improve the Service.

We do not obtain ownership of your Customer Data merely because it is stored in Shopwerks.

You are responsible for ensuring that you have the legal right to collect, store, use, and provide Customer Data to Shopwerks.

This includes responsibility for obtaining any legally required permissions or consents relating to customer communications, email, text messaging, employee information, payroll information, payment information, and other data entered into the Service.

Our handling of personal information is also governed by the Shopwerks Privacy Policy.

7. Data After Cancellation

You are encouraged to export or retain any business records you require before your subscription ends.

Following cancellation or termination, Shopwerks may retain Customer Data for a limited period to allow for account recovery, legal compliance, security, backup restoration, or reactivation.

We may thereafter delete or anonymize Customer Data in accordance with our normal retention and backup practices unless we are legally required to retain it.

Data contained in backups may remain for a reasonable period until those backups are overwritten through normal rotation.

8. Availability and 99.9% Uptime Commitment

Shopwerks will use commercially reasonable efforts to maintain at least 99.9% Monthly Uptime for the core hosted Shopwerks platform.

“Monthly Uptime” means the percentage of total minutes during a calendar month that the core Shopwerks platform is generally available to customers.

“Downtime” means a period of five or more consecutive minutes during which the core Shopwerks platform is unavailable to substantially all affected users, as measured by Shopwerks’ monitoring systems.

The following do not count as Downtime for purposes of this commitment:

  • scheduled maintenance performed with reasonable advance notice;
  • emergency maintenance reasonably required to protect security, data integrity, or platform stability;
  • failure of the customer’s internet connection, local network, browser, device, hardware, or other systems outside Shopwerks’ control;
  • outages or failures limited to a third-party integration, payment gateway, email provider, SMS provider, vendor API, external website, domain registrar, or other third-party service while the core Shopwerks platform remains operational;
  • problems caused by customer configuration, unauthorized modification, misuse, or violation of these Terms;
  • beta, preview, experimental, or expressly unsupported features; or
  • events beyond Shopwerks’ reasonable control, including natural disasters, widespread telecommunications failures, governmental actions, war, civil unrest, cyberattacks, or similar force-majeure events.

Service Credits

If Monthly Uptime falls below the 99.9% commitment, a customer may request the following credit:

Below 99.9% but at least 99.0%: 10% of that month’s Shopwerks subscription fee.

Below 99.0% but at least 95.0%: 25% of that month’s Shopwerks subscription fee.

Below 95.0%: 100% of that month’s Shopwerks subscription fee.

Service credits apply to the affected Shopwerks subscription only and do not include third-party fees, payment-processing charges, hardware, advertising expenditures, custom development, or other services.

A request for an uptime credit must be submitted within 30 days after the end of the affected month and include sufficient information for us to identify the outage.

Service credits are normally applied against future Shopwerks subscription charges and are the customer’s sole monetary remedy for failure to meet the uptime commitment.

Nothing in this section guarantees that the Service will operate without interruption or error at all times.

9. Maintenance and Changes to the Service

Shopwerks is actively developed and may be updated frequently.

We may add, modify, replace, or discontinue features when reasonably necessary to improve the Service, respond to security issues, comply with law, address third-party changes, or maintain the platform.

We will make reasonable efforts to avoid materially reducing the core functionality of a paid subscription without notice.

Scheduled maintenance will normally be performed during lower-usage periods when practical.

10. Third-Party Services and Integrations

Shopwerks may integrate with or rely upon third-party services such as payment processors, merchant providers, email and SMS providers, domain registrars, vendors, distributors, accounting systems, ecommerce platforms, APIs, data providers, and other services.

Third-party services are subject to their own terms, policies, availability, pricing, and technical limitations.

Shopwerks is not responsible for a third party’s acts, omissions, service interruptions, pricing changes, discontinued APIs, or changes to functionality outside Shopwerks’ control.

We may modify or discontinue an integration if the applicable third-party service changes or becomes unavailable.

11. Service Data, Labor Information and AI-Assisted Features

Shopwerks may provide vehicle information, service specifications, labor information, parts information, pricing information, estimates, automated suggestions, artificial-intelligence-assisted features, and other reference material.

These features are intended to assist qualified businesses and technicians and are not a substitute for professional judgment, manufacturer service information, inspection of the actual vehicle, or applicable safety procedures.

You are responsible for verifying information before relying upon it for repairs, estimates, pricing, safety-critical work, vehicle operation, or customer representations.

AI-generated or automated information may occasionally be inaccurate, incomplete, or inappropriate for a particular vehicle or situation.

Shopwerks is not responsible for repair decisions, diagnosis, workmanship, parts selection, labor charges, vehicle damage, personal injury, or other consequences resulting from a customer’s failure to independently verify information where verification would reasonably be appropriate.

12. Accounting, Payroll and Business Information

Shopwerks includes tools that may assist with accounting, payroll calculations, reporting, revenue tracking, invoicing, and other business functions.

Shopwerks is software and is not an accounting firm, payroll processor, tax advisor, attorney, or financial advisor unless a separate written service expressly states otherwise.

You are responsible for reviewing financial and payroll information for accuracy and for complying with employment, wage, tax, accounting, reporting, and recordkeeping requirements applicable to your business.

You should consult a qualified professional regarding legal, accounting, payroll, or tax requirements when appropriate.

13. Customer Communications

Certain Shopwerks features may allow you to communicate with your customers through email, SMS, customer portals, payment links, or other methods.

You are responsible for the content of communications sent by your business and for obtaining any consent legally required to communicate with recipients.

You agree not to use Shopwerks to send spam, unlawful marketing messages, fraudulent communications, harassment, or content that violates applicable law.

14. Integrated Websites and Ecommerce

Some Shopwerks plans may include or integrate with a hosted or managed website, ecommerce functionality, inventory listings, payment tools, or domain-related services.

Unless specifically transferred to Shopwerks in writing, you retain ownership of your own domain name and business content.

You are responsible for the legality and accuracy of products, services, pricing, policies, claims, images, and other content published for your business.

Third-party software, plugins, payment providers, domain providers, and ecommerce services may be subject to separate terms.

15. Acceptable Use

You may not use Shopwerks to:

  • violate applicable law;
  • gain unauthorized access to another account or system;
  • interfere with or disrupt the Service;
  • distribute malware or malicious code;
  • conduct unauthorized security testing;
  • scrape or systematically extract proprietary Shopwerks data except through functionality we expressly provide;
  • copy, reverse engineer, resell, sublicense, or commercially exploit the Shopwerks software except as expressly permitted;
  • use the Service to commit fraud or impersonate another person or business; or
  • knowingly use the Service in a manner that materially harms Shopwerks, its infrastructure, or other customers.

Reasonable use of Shopwerks as part of your normal business operations is permitted.

16. Shopwerks Intellectual Property

Shopwerks and its licensors retain all ownership rights in the Shopwerks software, source code, design, workflows, databases, documentation, branding, trademarks, proprietary datasets, and other intellectual property that are not Customer Data.

Your subscription provides a limited, nonexclusive, nontransferable right to use the Service for your business while your subscription is active.

Purchasing a subscription does not transfer ownership of Shopwerks software or proprietary data to you.

17. Feedback

If you provide suggestions, feature requests, ideas, or other feedback concerning Shopwerks, you give us permission to use that feedback to develop or improve Shopwerks without an obligation to compensate you.

This does not give Shopwerks ownership of your Customer Data or confidential business records.

18. Suspension and Termination

We may suspend or terminate access to the Service if:

  • required fees remain unpaid;
  • the account is being used unlawfully;
  • use of the account creates a significant security risk;
  • you materially violate these Terms; or
  • continued operation of the account would reasonably expose Shopwerks or others to harm or legal liability.

Where practical, we will attempt to provide notice and an opportunity to correct the issue before termination.

We may immediately suspend access where necessary to prevent fraud, security threats, unlawful activity, or material harm.

You may terminate your subscription at any time by canceling it through the available account or billing process or by contacting Shopwerks.

19. Disclaimer of Warranties

Except for the express uptime commitment contained in these Terms and any other warranty that cannot legally be excluded, the Service is provided “as is” and “as available.”

Shopwerks does not warrant that every feature will be uninterrupted, error-free, or suitable for every business or purpose.

We do not guarantee specific increases in revenue, efficiency, profitability, customer retention, sales, labor utilization, or other business outcomes.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOPWERKS AND ECRA SYSTEMS LC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOST BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL ARISING OUT OF OR RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SHOPWERKS AND ECRA SYSTEMS LC ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY THE CUSTOMER TO SHOPWERKS DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not apply where applicable law prohibits them.

21. Indemnification

You agree to indemnify and hold harmless Shopwerks and Ecra Systems LC from third-party claims, liabilities, damages, and reasonable costs arising from:

your unlawful use of the Service;

content or Customer Data provided by you that violates another person’s rights;

your violation of applicable law;

your communications with your customers or employees; or

your material violation of these Terms.

This obligation does not apply to the extent a claim results from Shopwerks’ own wrongful conduct.

22. Force Majeure

Shopwerks will not be liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, severe weather, war, terrorism, civil disturbance, widespread internet or telecommunications failure, utility failure, government action, labor disruption, epidemics, pandemics, or major cyberattacks.

23. Changes to These Terms

We may update these Terms from time to time.

If a change materially affects customers’ rights or obligations, we will provide reasonable notice through the Service, website, email, or another reasonable method before the change takes effect.

Continued use of Shopwerks after updated Terms become effective constitutes acceptance of those Terms.

Changes to these Terms do not by themselves alter a customer’s locked ongoing subscription price.

24. Governing Law and Venue

These Terms are governed by the laws of the State of Oklahoma, without regard to conflict-of-law principles.

Any legal action arising out of these Terms or the Service that cannot be resolved informally will be brought in a court of competent jurisdiction located in Cleveland County, Oklahoma, and each party consents to that jurisdiction and venue.

Before filing a lawsuit, the parties agree to make a good-faith effort to resolve the dispute directly.

25. Severability

If any provision of these Terms is found unenforceable, that provision will be modified or limited to the minimum extent necessary, and the remaining provisions will remain in effect.

26. No Waiver

Failure by Shopwerks to enforce a provision of these Terms does not waive our right to enforce that provision later.

27. Assignment

You may not transfer your rights under these Terms without our consent, except in connection with a legitimate sale or transfer of your business.

Shopwerks may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the Shopwerks business.

28. Entire Agreement

These Terms, the Shopwerks Privacy Policy, any applicable payment or service-specific terms, and any written order or service agreement expressly incorporated into them constitute the agreement governing your use of Shopwerks.

If a separately signed written agreement expressly conflicts with these Terms, the signed agreement controls to the extent of that conflict.

29. Contact

Questions regarding these Terms or your Shopwerks subscription may be submitted through the contact methods published at:

Shopwerks.net

Shopwerks is operated by Amphibious Powersports LLC, Norman, Oklahoma.