Terms of Service

1.1 About PitStop

PitStop, Inc. ("PitStop," "we," "us," or "our") operates a technology platform that connects customers seeking vehicle parts ("Customers") with parts vendors ("Vendors") and independent delivery drivers ("Drivers"). Our platform includes the PitStop website (www.orderpitstop.com), mobile applications, and related services (collectively, the "Platform").

1.2 Agreement to Terms

By creating an account, accessing, or using the Platform, you ("you" or "User") agree to these Terms of Service ("Terms"), our Privacy Policy, and any additional terms that apply to specific features or services. These Terms constitute a legally binding agreement between you and PitStop.

1.3 Eligibility

To use PitStop, you must:

• •(a) Be at least 18 years old;
• •(b) Be capable of forming a binding contract;
• •(c) Not be prohibited from using the Platform under applicable law;
• •(d) Provide accurate and complete registration information.

If you are using the Platform on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

1.4 Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Platform. Your continued use after changes become effective constitutes acceptance of the modified Terms. If you disagree with changes, you must stop using the Platform and close your account.

2.1 Marketplace Model

PitStop operates as a three-sided marketplace:

• •Customers search for and purchase vehicle parts
• •Vendors list and sell parts inventory
• •Drivers provide independent delivery services

IMPORTANT: PitStop is a technology platform that facilitates transactions between Users. PitStop does not:

• •Own, manufacture, or warehouse parts
• •Employ Drivers (they are independent contractors)
• •Guarantee part quality (Vendors are responsible)
• •Guarantee delivery times (circumstances may vary)

2.2 PitStop's Role

PitStop provides:

• •Technology platform connecting Users
• •Payment processing infrastructure
• •Customer support services
• •Dispute resolution assistance
• •Quality monitoring and enforcement

PitStop does NOT:

• •Warranty or guarantee any parts
• •Control Vendor inventory or pricing
• •Employ or control Drivers
• •Guarantee specific delivery times
• •Provide automotive advice or recommendations

2.3 User Categories

CUSTOMERS: Individuals or businesses purchasing parts through PitStop.

VENDORS: Parts stores and suppliers listing inventory on PitStop. Vendors are bound by additional Vendor Terms of Service.

DRIVERS: Independent contractors providing delivery services. Drivers are bound by the Driver Independent Contractor Agreement and Driver Terms of Service.

3.1 Account Creation

To access certain features, you must create an account by providing:

• •Full legal name
• •Valid email address
• •Phone number
• •Password meeting security requirements
• •Additional information based on account type

3.2 Account Security

You are responsible for:

• •Maintaining the confidentiality of your login credentials
• •All activities that occur under your account
• •Immediately notifying PitStop of unauthorized access
• •Using a strong, unique password

PitStop is not liable for losses resulting from unauthorized use of your account unless caused by our negligence.

3.3 Account Types

PERSONAL ACCOUNTS: For individual consumers.

COMMERCIAL ACCOUNTS: For businesses, with additional features including:

• •Multiple authorized users
• •Purchase approval workflows
• •Net payment terms (upon qualification)
• •Volume pricing

VENDOR ACCOUNTS: For parts suppliers (see Vendor Terms).

DRIVER ACCOUNTS: For delivery contractors (see Driver Terms).

3.4 Account Verification

We may verify your identity, business status, or other information. You authorize us to make inquiries, including credit checks for commercial accounts, to verify your information.

3.5 Account Suspension and Termination

We may suspend or terminate your account if you:

• •Violate these Terms or any PitStop policies
• •Provide false or misleading information
• •Engage in fraudulent activity
• •Fail to pay amounts owed
• •Create risk or legal exposure for PitStop
• •For any reason with 30 days' notice

4.1 Searching and Ordering

Customers may:

• •Search for parts by vehicle information (VIN, Year/Make/Model)
• •Search by part number or description
• •Use AI-powered photo search
• •Compare prices across Vendors
• •Place orders for delivery or pickup

4.2 Vehicle Information

Our fitment system uses VIN decoding and vehicle databases to suggest compatible parts. HOWEVER:

• •Fitment suggestions are not guarantees
• •Vehicle modifications may affect compatibility
• •You are responsible for verifying part compatibility
• •Always confirm fitment with your mechanic if unsure

4.3 Pricing and Payment

• •All prices are in U.S. dollars
• •Prices are set by Vendors, not PitStop
• •Prices may change without notice until order is placed
• •You agree to pay all charges at the prices in effect when ordered
• •Payment is processed at time of order
• •We accept major credit cards and other payment methods shown

4.4 Order Confirmation

An order is not confirmed until:

• •Payment is successfully processed
• •Vendor confirms availability
• •You receive order confirmation

We reserve the right to cancel orders due to pricing errors, inventory issues, or suspected fraud.

4.5 Delivery

• •Delivery is provided by independent Driver contractors
• •Estimated delivery times are not guaranteed
• •Delivery availability depends on Driver availability
• •You must provide accurate delivery address
• •Someone must be present to receive delivery (or provide safe location instructions)

4.6 Returns and Refunds

Returns are subject to our Return and Refund Policy, which is incorporated into these Terms by reference. Key points:

• •Most new, unopened parts may be returned within 30 days
• •Electrical parts, special orders, and certain items are final sale
• •Refunds are processed to original payment method
• •Return shipping may be at Customer's expense

See our full Return and Refund Policy for details.

5.1 Vendor Responsibilities

Vendors must:

• •Maintain accurate inventory and pricing
• •Fulfill orders promptly (within stated timeframes)
• •Provide parts as described and in sellable condition
• •Honor their stated return policies
• •Comply with all applicable laws
• •Maintain required business licenses and insurance

5.2 Vendor Fees

Vendors pay PitStop a commission on each completed sale. Commission rates vary by tier level and are detailed in the Vendor Agreement.

5.3 Vendor Payments

PitStop collects payment from Customers and remits to Vendors per the Vendor Agreement payout schedule. Vendor earnings are held for 30 days after delivery, then released to the Vendor's connected bank account. During the 30-day holdback, refunds and adjustments are deducted from the Vendor's pending balance rather than debited from their bank account.

6.1 Independent Contractor Status

Drivers are INDEPENDENT CONTRACTORS, not employees of PitStop. Drivers:

• •Control their own schedules
• •May accept or decline delivery requests
• •Provide their own vehicle, phone, and equipment
• •Are responsible for their own taxes and insurance
• •May work for other delivery services

6.2 Driver Requirements

Drivers must:

• •Be at least 18 years old
• •Have a valid driver's license
• •Pass background and driving record checks
• •Maintain valid auto insurance meeting minimum requirements
• •Have a vehicle meeting our requirements
• •Comply with all traffic laws

6.3 Driver Compensation

Drivers receive per-delivery compensation including:

• •Base pay per delivery
• •Mileage compensation
• •Tips (100% retained by Driver)
• •Bonuses (when applicable)

See the Driver Pay Structure document for details.

7.1 General Prohibitions

• •(a) Violate any applicable law or regulation;
• •(b) Infringe any intellectual property rights;
• •(c) Transmit viruses, malware, or harmful code;
• •(d) Attempt to gain unauthorized access to our systems;
• •(e) Interfere with Platform operation or other Users;
• •(f) Use the Platform for illegal purposes;
• •(g) Harass, threaten, or abuse other Users;
• •(h) Impersonate any person or entity;
• •(i) Provide false or misleading information;
• •(j) Manipulate prices, ratings, or reviews.

7.2 Customer Prohibitions

• •(a) Place fraudulent orders;
• •(b) Use stolen payment methods;
• •(c) Abuse return policies;
• •(d) Threaten or harass Vendors or Drivers;
• •(e) Provide false vehicle information.

7.3 Vendor Prohibitions

• •(a) List counterfeit or stolen parts;
• •(b) Misrepresent part condition or compatibility;
• •(c) Engage in price manipulation or collusion;
• •(d) Circumvent PitStop to transact directly with Customers;
• •(e) Violate safety or environmental regulations.

7.4 Driver Prohibitions

• •(a) Operate under the influence of drugs or alcohol;
• •(b) Drive recklessly or unsafely;
• •(c) Tamper with or open packages;
• •(d) Misrepresent delivery status;
• •(e) Harass Customers, Vendors, or other Drivers.

8.1 PitStop Ownership

PitStop owns all rights to:

• •The Platform and its features
• •Our trademarks, logos, and branding
• •Our software, algorithms, and technology
• •Content we create (excluding User content)

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purposes. You may not:

• •Copy, modify, or distribute our software
• •Reverse engineer or decompile our code
• •Remove any copyright or proprietary notices
• •Use our trademarks without permission
• •Scrape or harvest data from the Platform

8.3 User Content

You retain ownership of content you submit (reviews, photos, etc.). By submitting content, you grant PitStop a worldwide, royalty-free, perpetual license to use, display, and distribute such content in connection with the Platform.

8.4 Feedback

Any feedback, suggestions, or ideas you provide may be used by PitStop without compensation or attribution.

9.1 Platform Provided "As Is"

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Warranty on Parts

PITSTOP DOES NOT WARRANT ANY PARTS SOLD THROUGH THE PLATFORM. ALL PART WARRANTIES ARE PROVIDED BY VENDORS OR MANUFACTURERS. PITSTOP MAKES NO REPRESENTATIONS ABOUT PART QUALITY, SAFETY, COMPATIBILITY, OR FITNESS FOR ANY PURPOSE.

9.3 No Guarantee of Availability

We do not guarantee that:

• •The Platform will be uninterrupted or error-free
• •Parts listed will be available
• •Delivery will occur by estimated time
• •Drivers will be available in your area

9.4 Third-party Services

We are not responsible for third-party services, including:

• •Payment processors
• •Mapping and navigation services
• •Vehicle data providers
• •Insurance providers

9.5 User Interactions

We are not responsible for disputes between Users (Customer-Vendor, Customer-Driver, etc.). While we may assist with dispute resolution, we are not obligated to do so.

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PITSTOP SHALL NOT BE LIABLE FOR: INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, OR DATA; PERSONAL INJURY OR PROPERTY DAMAGE (except as required by law); DAMAGES ARISING FROM PARTS PURCHASED THROUGH THE PLATFORM; DAMAGES FROM DELIVERY SERVICES.

10.2 Liability Cap

IN NO EVENT SHALL PITSTOP'S TOTAL LIABILITY EXCEED THE GREATER OF: AMOUNTS PAID BY YOU TO PITSTOP IN THE 12 MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100).

10.3 Essential Purpose

THESE LIMITATIONS APPLY EVEN IF PITSTOP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.1 Informal Resolution

Before filing any claim, you agree to contact us at legal@orderpitstop.com to attempt informal resolution. We will try to resolve disputes within 30 days.

12.2 Binding Arbitration

IF INFORMAL RESOLUTION FAILS, ALL DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION under the American Arbitration Association Consumer Arbitration Rules. Arbitration will be conducted in Longview, Texas, or another mutually agreed location.

12.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. All claims must be brought individually.

12.4 Exceptions

The following may be brought in court:

• •Small claims court actions (within jurisdictional limits)
• •Injunctive relief for intellectual property infringement
• •Actions required by applicable law

12.5 Opt-out

You may opt out of arbitration by sending written notice to legal@orderpitstop.com within 30 days of first accepting these Terms. Include your name, address, and statement that you opt out.

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and PitStop.

14.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

14.3 Waiver

Our failure to enforce any right does not waive that right.

14.4 Assignment

You may not assign these Terms. PitStop may assign to any affiliate or in connection with a merger or acquisition.

14.5 Notices

Notices to you will be sent to the email address on your account. Notices to PitStop should be sent to:

PitStop, Inc.

Longview, Texas 75601

legal@orderpitstop.com

14.6 Force Majeure

PitStop is not liable for failure to perform due to circumstances beyond our control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or internet/power failures.

14.7 Survival

Provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, arbitration, and general provisions survive termination.