These Terms of Service (the “Terms”) are an agreement between Surepath Transport INC, a North Carolina corporation doing business as Diesel Genie (“Diesel Genie,” “we,” “us”), and the business that creates an account (the “Shop,” “you”). By checking the agreement box at signup or by using the service, you accept these Terms on behalf of your business, and you confirm you have the authority to do that.
Questions any time: sales@dieselgenie.com.
Diesel Genie is cloud software for truck and trailer repair shops: work orders, invoices, customers, equipment records, payments tracking, reports, and related tools, available through a web browser at app.dieselgenie.com.
In plain English: it is your shop’s office software, running in the cloud.
You must give accurate information at signup and keep it current. You are responsible for the people you invite to your account and for keeping passwords safe. Each user login is for one person; do not share logins. Tell us right away at sales@dieselgenie.com if you believe an account has been compromised.
In plain English: real info, safe passwords, one login per person.
The subscription price is stated at signup and billed monthly in advance through our payment processor, Stripe. Taxes are added where the law requires. If a free trial is offered, its length is stated at signup; when the trial ends, service continues only if you subscribe.
We may change pricing with at least 30 days notice by email or in the app. A price change never applies retroactively, and any founding pricing promise we have made to your shop in writing is honored for as long as your subscription stays active.
In plain English: you pay monthly, up front, through Stripe. If the price ever changes, you get 30 days notice, and founding deals stay honored.
You may cancel any time from Settings, Billing inside the app, or by emailing sales@dieselgenie.com. Cancellation takes effect at the end of your current billing period: you keep full access until that date, and you are not charged again.
Payments are not refundable, in whole or in part. The free trial exists so you can judge the service before paying.
If your payment fails or your subscription lapses, your account becomes read-only: you can view and export everything, but not create new records, until billing resumes.
In plain English: cancel whenever you want, you keep access to the end of the month you paid for, and there are no refunds because the trial let you try before buying.
Everything your shop enters (customers, invoices, equipment, photos, records) belongs to your shop, not to us. We host and process it only to provide the service.
We never sell your data and we never use it to compete with your shop.
In plain English: your books are yours. Take a full copy whenever you like. If you leave, we hold your data for 90 days in case you change your mind, then it is deleted.
The service can send invoices, receipts, statements, reminders, and review requests to YOUR customers, from your shop’s name. You are responsible for using these features lawfully: only email people with a genuine business relationship with your shop, and stop emailing anyone who asks you to stop. We may apply sending limits and block addresses that bounce or complain, to protect email deliverability for every shop on the platform.
In plain English: the emails go out under your shop’s name, so only email your real customers. We block dead and complaining addresses so one bad list cannot ruin email for everyone.
If you enable online payments, they are processed by Stripe under Stripe’s own terms, through your shop’s own Stripe account. The money moves between your customer, Stripe, and you. Diesel Genie never holds your funds. Fees charged by Stripe are your responsibility and are shown by Stripe. Disputes and chargebacks are between your shop, your customer, and Stripe; we provide records to help, but we are not a party to them.
In plain English: card payments run on Stripe, straight to your shop. We never touch the money.
You agree not to: use the service for anything unlawful; try to break into, overload, or probe the service; access another shop’s data; resell the service; upload malicious files; or use the service to send spam. We may suspend an account that threatens the security or reliability of the platform, and we will tell you why.
In plain English: use it for running your shop, do not attack it or spam through it.
We work to keep the service available at all times, and we protect your data with isolated databases, encrypted off-site backups made nightly, and monthly tests that prove those backups actually restore. Even so, no online service can promise perfect uptime, and we do not offer a guaranteed service level. Planned maintenance and outside failures (hosting providers, the internet itself) can cause interruptions.
In plain English: we take reliability seriously and back everything up nightly, but like every online service, we cannot promise zero downtime.
The service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Diesel Genie is bookkeeping and shop-management software; it is not accounting, tax, or legal advice, and you are responsible for reviewing your own records and filings.
In plain English: the software helps you run the shop, but your numbers and filings remain your responsibility.
To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising from the service. Our total liability for all claims combined is limited to the amounts you paid us in the 12 months before the event giving rise to the claim. Nothing in these Terms limits liability that the law does not allow to be limited.
In plain English: if something goes wrong, the most we owe is what you paid us in the last year.
You will defend and hold us harmless from third-party claims that arise from your shop’s own data, your use of the service in violation of these Terms, or emails you direct the service to send, except to the extent the claim is caused by our own breach of these Terms.
In plain English: if your shop’s own actions get us dragged into a dispute, that one is on you; if it is our fault, it is on us.
We improve the service continuously and may add, change, or retire features. If we make a material change to these Terms, we will notify you by email or in the app at least 30 days before it takes effect, and the version and date at the top will change. Continuing to use the service after the effective date means you accept the updated Terms. If you do not accept them, cancel before the effective date and the old Terms govern until then.
In plain English: if the rules change in a way that matters, you get 30 days notice and can leave before the change applies.
We may suspend or terminate an account that materially breaches these Terms, does not cure the breach within 15 days of written notice, or threatens platform security (security threats may be suspended immediately). If we terminate without cause, we will refund the unused portion of your current month, as the one exception to Section 4, and Section 5’s export and 90-day retention promises always apply.
In plain English: we only cut accounts off for serious cause, you always get a chance to fix it first unless it is a security emergency, and your data rights survive either way.
These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules. Courts located in North Carolina have exclusive jurisdiction, and both parties consent to venue there. If any provision is found unenforceable, the rest remain in effect. These Terms plus the Privacy Policy are the entire agreement between us about the service and replace any prior discussions. We may assign this agreement in a sale or reorganization of the business; you may not assign it without our consent, except to a successor of your shop’s business. Notices to us: sales@dieselgenie.com. Notices to you: your account email.