YardWyre — Terms of Service

These Terms of Service ("Terms") govern access to and use of YardWyre's software platform (the "Service"), operated by YardWyre, based in New Jersey, USA ("YardWyre," "we," "us"). By creating an account or using the Service, you ("Customer," "you") agree to these Terms. Our Privacy Policy and Cookie Policy explain how we handle information, and our Refund and Cancellation Policy forms part of these Terms.

Security & Unauthorized Access Warning. Access to this Service and its systems, data, and infrastructure is restricted to authorized users. Any attempt to gain unauthorized access to, hack, breach, disrupt, overload, deny service to (including denial-of-service or distributed denial-of-service attacks), probe, scan, scrape, reverse-engineer, introduce malware into, or run any bot, script, batch tool, crawler, or other automated program or means against, or otherwise interfere with, damage, or take down the Service — or to steal, alter, or destroy its data — is strictly prohibited and is a criminal offense under the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030), the New Jersey Computer Related Offenses Act (N.J.S.A. 2C:20-23 et seq.), and other applicable federal and state laws. Activity on the Service is monitored and logged. Anyone who engages in such conduct will be reported to law enforcement and prosecuted to the fullest extent of the law, and will be held civilly liable for all resulting damages, losses, downtime, and remediation, investigation, and legal costs (including attorneys' fees), to the maximum extent the law allows.

1. The Service

YardWyre works with your Hollander/Powerlink AIM inventory system. It provides tools for booking vehicles and parts into that system — including VIN and barcode scanning and photography from a mobile device — together with listing automation and order synchronization for eBay and other third-party marketplaces, day-to-day counter functions such as inventory lookup, work orders, invoices and delivery tickets, and reporting. Where you use the features that create records, the Service writes into your own Powerlink/AIM database on your instruction; that database remains your system of record.

The Service depends on the continued availability and correct behavior of third-party systems you do not control and we do not own, including but not limited to eBay's APIs, your own Powerlink/AIM database and network, your own internet/hosting infrastructure, and the mobile devices and browsers your staff use.

2. No Warranty

The service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any sync, listing, price update, or order import will complete successfully or on any particular timeline.

3. Limitation of Liability

To the maximum extent permitted by law, YardWyre and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost sales, lost data, or business interruption, arising out of or related to the Service, even if advised of the possibility of such damages.

To the maximum extent permitted by law, YardWyre's total aggregate liability arising out of or relating to the Service, however caused, will not exceed the total amount actually paid by Customer to YardWyre for the Service in the three (3) months immediately preceding the event giving rise to the claim.

This includes, without limitation, any claim arising from: a failed, delayed, duplicated, or incorrect inventory sync; incorrect, missing, or delayed eBay listing publication, pricing, or order import; downtime or errors caused by eBay, Powerlink/AIM, your own network, or any other third-party system; or any action taken or not taken by Customer's own staff using the Service.

4. Customer Responsibilities

Customer is solely responsible for: the accuracy of inventory, pricing, and listing data in its own Powerlink/AIM system; checking scanned or automatically-read values — including VINs, part numbers, and vehicle details obtained by barcode or from a photograph — before booking a record in, since those records are written into Customer's own system of record; reviewing listings before publishing them live (the Service provides a preview/dry-run step for this purpose); deciding what its staff photograph and retain; complying with eBay's policies and all applicable laws in its own selling activity; and maintaining the security of its own login credentials, staff accounts, devices, and network.

Staff location. Where Customer uses delivery, the Service records the location of Customer's drivers through their phones while they have deliveries left that day, including in the background through the YardWyre Field mobile app, as described in our Privacy Policy. YardWyre does this at Customer's instruction and does not decide whose location is recorded. Customer is solely responsible for telling its staff, before they use those features, what the Service collects about them and why; for having, and keeping, a lawful basis for that collection, including any notice or consent required where its staff work; and for using what is collected only for lawful purposes.

5. Vehicles, Title, and Lawful Acquisition

Customer represents and warrants that, for every vehicle, part, or other item it books into, lists, offers, or sells through the Service:

(a) Title and right to sell. Customer holds good title to it, or is otherwise lawfully entitled to possess and sell it, and has the right to transfer that title to a buyer.

(b) Not stolen. It is not stolen, and Customer has carried out the title, ownership, and vehicle-identification checks required of a licensed salvage, dismantling, or recycling business in its jurisdiction — including any check of vehicle identification numbers against theft, salvage, or total-loss records that applicable law requires of it.

(c) Liens and encumbrances. It is free of any undisclosed lien, security interest, or other encumbrance, or Customer has satisfied, released, or lawfully extinguished the same before listing or sale.

(d) Records and reporting. Customer is responsible for its own regulatory obligations relating to vehicles it acquires, including title surrender or branding, holding periods, notification to law enforcement, and any reporting to the National Motor Vehicle Title Information System (NMVTIS) or an equivalent scheme. Where the Service provides tools that help Customer prepare such a report, those tools are an aid to Customer's own filing; generating or downloading a report through the Service is not a filing, a certification, or legal advice, and does not discharge Customer's obligation.

YardWyre does not verify title, ownership, liens, or theft status. The Service does not check any vehicle identification number against any theft, title, lien, salvage, or total-loss database, and does not represent that any vehicle or item handled through it is free of such a claim. Customer is the only party in a position to make those checks and is solely responsible for making them. Neither the Service, nor the absence of any warning from it, may be relied upon as a representation that a vehicle is lawfully held, accurately described, or free of encumbrance.

Public listings and marketplaces. Where the Service publishes Customer's inventory to a public catalog or to a third-party marketplace, it does so at Customer's instruction and as a conduit for Customer's own listing. Customer is the seller of record and is responsible for the accuracy and lawfulness of each listing. YardWyre does not take title to, take possession of, inspect, or warrant any item listed or sold through the Service.

6. Indemnification

Customer agrees to defend, indemnify, and hold harmless YardWyre, its owners, employees, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: Customer's use of the Service; Customer's inventory, listing, or pricing data; Customer's violation of these Terms, eBay's policies, or applicable law; any claim that a vehicle, part, or item Customer booked in, listed, or sold through the Service was stolen, was subject to a lien, security interest, or other encumbrance, or was sold without good title or the right to sell; any claim brought by a lienholder, insurer, prior owner, or law-enforcement or regulatory body in connection with such an item; Customer's failure to make any title, ownership, theft, or lien check required of it, or to meet any reporting obligation described in Section 5; or any dispute between Customer and a buyer, vendor, or other third party.

7. Fees and Payment

Fees are as agreed between Customer and YardWyre at signup or as amended with notice; where nothing different was agreed in writing, they are the standard rates published on our pricing page. Fees are billed month to month and are not refundable except as our Refund and Cancellation Policy provides. Late or unpaid invoices may result in suspension of the Service until paid in full.

8. Termination

Customer may cancel the Service at any time by telling us; cancellation takes effect at the end of the calendar month in which we receive notice, or when a free trial ends if Customer cancels during it, as our Refund and Cancellation Policy describes. Either party may also terminate service as agreed in the applicable order/signup terms. YardWyre may suspend or terminate access immediately for non-payment, misuse of the Service, or violation of these Terms.

9. Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. Any dispute arising out of these Terms or the Service will be resolved exclusively in the state or federal courts located in New Jersey, and each party consents to personal jurisdiction there.

10. Attorneys' Fees

In any dispute, claim, or legal action arising out of or relating to these Terms or the Service, the prevailing party will be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, in addition to any other relief awarded.

11. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after an update constitutes acceptance of the revised Terms.

12. Contact

Questions about these Terms? Send them through the contact form below and we'll get back to you.