Business Terms of Service

These Business Terms of Service (“Terms”) are an agreement between [AGILITIES LEGAL NAME] d/b/a HitchPoint (“HitchPoint”, “we”, “us”) and the business that creates an account on our platform (“you” or the “Business”). By creating an account, clicking to accept, or using the platform, you agree to these Terms on behalf of your business. If you are accepting for a company, you confirm you have authority to bind it.

These Terms incorporate our Privacy Policy and our Payment Processing and Fee Terms. If those documents conflict with these Terms on a payment topic, the Payment Processing and Fee Terms control.

1. What the platform does

HitchPoint provides a web application (the “Platform”) for mobile service businesses, mainly mobile RV and trailer repair businesses and technicians, and potentially other mobile service trades. Using the Platform you can:

• receive service requests from a branded website form, including the customer’s name, phone number, location (including optional GPS coordinates), vehicle or equipment details, a problem description, and an optional photo;
• build quotes and send proposals that your customers review and e-sign with a finger signature;
• collect online card and bank (ACH) payments, including deposits, which HitchPoint processes through its Stripe account; and
• run a branded hosted website and a dashboard for your team.

Your customers mainly see your business’s name and brand. Because HitchPoint processes online payments, your customers’ card or bank statements show “HITCHPOINT” plus a short form of your business name. You, not HitchPoint, are the provider of the services you sell to your customers.

2. Your account

1. You must give us accurate business and contact information and keep it current.
2. You are responsible for everyone you invite to your account and for keeping logins secure. Tell us promptly at [SUPPORT EMAIL] if you suspect unauthorized access.
3. You must be at least 18 and legally able to enter contracts, and your business must be lawfully operating where it does business, with any licenses, registrations, and insurance your work requires.

3. Platform administrator access

HitchPoint platform administrators can access your account, including your customer records, photos, and signed proposals, to provide support, handle billing and payments, investigate security, fraud, or dispute issues, and meet legal and compliance obligations. We limit this access to people who need it for those purposes, and we do not use your customer data for our own marketing.

4. Payments, Stripe, and the Processing Fee

1. HitchPoint is the merchant of record. All online card and bank (ACH) payments made through the Platform are processed on HitchPoint’s own Stripe account, and HitchPoint is the merchant of record for them. Your customer’s statement shows “HITCHPOINT” plus a short form of your business name.
2. Stripe Express onboarding. During sign-up you must complete Stripe Express onboarding, including identity verification and adding a bank account for direct deposit, and agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. Stripe collects and holds your identity and bank details.
3. Transfers and payouts. After a payment succeeds, HitchPoint transfers your share (the payment amount minus the Processing Fee) to your Stripe Express connected account. Stripe then pays it out to your bank account by direct deposit on Stripe’s payout schedule, typically about two business days after the transfer. First payouts can take longer, and Stripe controls payout timing.
4. Processing Fee. Your customer pays only the amount on your invoice, proposal, or deposit request. There is no added fee for your customer. Before transferring your share, HitchPoint keeps a Processing Fee equal to (a) Stripe’s actual processing fee charged to HitchPoint for that payment, plus (b) 3% of the payment amount, unless we agree a different rate with you in writing. You see the combined amount labeled “Processing Fee” on each payment. No Processing Fee applies to cash or check payments you record yourself. Full details are in the Payment Processing and Fee Terms.
5. No surcharges without approval. You may not add surcharges or fees for card payments to your quotes, proposals, or invoices without HitchPoint’s written approval. If we approve, you must comply with all applicable law.
6. Refunds. You request refunds through HitchPoint support at [SUPPORT EMAIL]. HitchPoint refunds the customer from its Stripe account and recovers the refunded amount from you by reversing the related transfer or deducting it from future transfers. The 3% component is returned to you proportionally. Stripe’s processing fee is generally not returned by Stripe on refunds and is not refunded.
7. Disputes and chargebacks. As merchant of record, HitchPoint receives disputes and chargebacks. You must provide evidence (such as the signed proposal, photos, and notes) within the time HitchPoint requests. Disputed amounts and Stripe’s dispute fees are recovered from you by transfer reversal, deduction from future transfers, or invoice.
8. Holds and reserves. HitchPoint may hold or delay transfers, or set a reserve, for suspected fraud, high dispute rates, negative balances, or legal requirements.
9. Taxes. You are responsible for taxes on your services and for including any sales tax on your quotes (the dashboard supports a tax line). HitchPoint or Stripe may issue tax information forms, such as Form 1099-K, as required by law.

5. Platform subscription fees

If your plan includes a subscription or other platform fee, it will be shown when you sign up or in a written order. Fees are non-refundable except where these Terms or the law say otherwise. We may change subscription pricing, or the 3% component of the Processing Fee, with at least 30 days’ notice.

6. Your customers and your data

1. For information about your customers (“Customer Data”), you are the controller (the business that decides why and how it is used) and HitchPoint acts as your service provider and processor. We process Customer Data only to run the Platform for you, support you, keep it secure, and meet legal obligations. As merchant of record, HitchPoint also uses payment information to process payments, refunds, and disputes, prevent fraud, and meet its own legal and tax obligations.
2. You are responsible for having a lawful basis to collect Customer Data, for your own privacy notice where required, and for honoring your customers’ requests about their data. We will help with reasonable requests.
3. Photos and signatures are visible only to your logged-in users and to HitchPoint platform administrators for support.
4. You will not use text alerts or customer phone numbers for marketing unless you have obtained the consent the law requires. Customers agree to be contacted about their request, not to receive marketing.
5. We do not sell personal data. Our Privacy Policy lists our subprocessors.

7. Acceptable use

You will not use the Platform to:

• offer or promote illegal services, or services you are not licensed to provide;
• commit fraud, misrepresent prices or terms, or process payments for anyone other than your own business;
• send spam, unsolicited bulk texts, or messages that violate telephone or texting laws or carrier rules;
• upload malware, probe or attack the Platform, or access accounts or data that are not yours;
• infringe anyone’s intellectual property or privacy rights; or
• resell or sublicense the Platform without our written permission.

8. Suspension and termination

1. You may cancel your account at any time by contacting [SUPPORT EMAIL].
2. We may suspend or terminate your account, disable online payments, or hold transfers, if you breach these Terms, fail to pay amounts owed, create risk of fraud or harm to customers, receive excessive disputes, or if required by Stripe, a card network, or law. Where reasonable we will give you notice and a chance to fix the issue first.
3. Amounts you owe for refunds, disputes, dispute fees, or negative balances remain due after termination, and we may keep holding transfers or a reserve until the risk of later refunds and disputes has passed.
4. On request made within 30 days after termination, we will provide an export of your Customer Data in a common format. After that period we may delete it, except where we must keep it for legal, tax, or dispute reasons.
5. Sections that by their nature should survive (fees and amounts owed, data, disclaimers, liability, indemnity, governing law) survive termination.

9. Data export

While your account is active you may request an export of your customer, proposal, and payment records at any time by contacting [SUPPORT EMAIL]. Transfer and payout records are also available in your Stripe Express dashboard.

10. Our intellectual property

We own the Platform and its software, design, and content (other than your content), and the HitchPoint name and brand. We give you a limited, non-exclusive, non-transferable right to use the Platform for your business while your account is active. You keep ownership of your content, logo, and Customer Data and give us permission to use them only to provide the Platform. If you send us feedback, we may use it without obligation to you.

11. Disclaimer of warranties

The Platform 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. We do not promise the Platform will be uninterrupted or error-free, and we are not responsible for Stripe, Twilio, carriers, or other third-party services (including Stripe’s payout timing), or for the quality of the services you provide to your customers.

12. Limitation of liability

To the fullest extent the law allows: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data; and (b) HitchPoint’s total liability for all claims relating to the Platform or these Terms is limited to the fees you paid to HitchPoint (including the 3% component of Processing Fees retained by HitchPoint) in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations (including amounts owed for refunds, disputes, and dispute fees) or your indemnity obligations.

13. Indemnity

You will defend and indemnify [AGILITIES LEGAL NAME] (including in its capacity as HitchPoint) and its owners, employees, and contractors against claims, fines, penalties, and costs (including reasonable attorneys’ fees) arising from your services, your dealings with your customers, your Customer Data practices, any surcharge or fee you add to your prices, your taxes, your texts and calls, or your breach of these Terms or the law.

14. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days’ notice by email or in your dashboard before they take effect. Continuing to use the Platform after the effective date means you accept the update. If you do not agree, you may cancel before it takes effect.

15. Governing law and disputes

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-laws rules. Any lawsuit relating to these Terms must be brought in the state or federal courts located in [COUNTY] County, [STATE], and both parties consent to that venue.

16. General

These Terms, with the documents they incorporate, are the entire agreement between us about the Platform. If a provision is unenforceable, the rest stays in effect. Failing to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in a merger, acquisition, or sale of assets. Notices to us go to [SUPPORT EMAIL] or [ADDRESS]; notices to you go to the email on your account.

Contact

[AGILITIES LEGAL NAME] d/b/a HitchPoint
[ADDRESS]
[SUPPORT EMAIL]