Terms of Service
Effective October 1, 2026
Please read these Terms carefully. Sections 5, 8, 17, and 18 limit what Spekco is responsible for, including for service interruptions and for accounts accessed with compromised passwords. Section 21 requires Business Customers to resolve disputes through individual binding arbitration and waives class actions and jury trials.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
1. About These Terms
These Terms of Service (“Terms”) are a binding agreement between you and 440 Technologies LLC, doing business as Spekco (“Spekco,” “we,” “us,” or “our”). They govern your access to and use of the Service. You accept these Terms by creating an account, clicking to accept them, registering on a portal powered by Spekco, or otherwise using the Service. If you do not agree, do not use the Service.
If you accept these Terms on behalf of a business, you represent that you have authority to bind that business, and “you” means that business.
Our End-User License Agreement (“EULA”) is part of these Terms. Our Privacy Policy explains how we handle personal information. If these Terms conflict with the EULA, these Terms control. A separate written agreement signed by an authorized officer of Spekco controls over both, but only where it expressly says so.
Earlier versions. If you accepted an earlier version of these Terms or of the EULA before October 1, 2026, the version you accepted continues to govern your account until you accept this version. Earlier versions: Terms of Service (March 12, 2026) and End-User License Agreement (April 14, 2026).
2. Definitions
- “Service” means the Spekco platform: its web applications, point-of-sale, customer portal, online store, booking tools, messaging tools, APIs, integrations, and documentation.
- “Business Customer” means the business or person that creates a Spekco account or subscribes to a plan.
- “Authorized User” means anyone a Business Customer allows to use its account, such as employees and contractors.
- “End User” means a customer of a Business Customer who uses a portal, store, or booking page powered by Spekco, or who receives messages sent through the Service.
- “Customer Data” means data submitted to the Service by or for a Business Customer, including information about its End Users.
- “Third-Party Services” means products and services not provided by Spekco, such as payment processors, accounting software, shipping carriers, marketplaces, telecommunications carriers, and hosting providers.
3. Who Can Use the Service
You must be at least 18 years old and able to form a binding contract. Business Customers may use the Service only for business purposes, not for personal, family, or household purposes. You must give accurate, complete information when you register and keep it current. You may not use the Service if you are barred from doing so under the laws of the United States or any other applicable jurisdiction.
4. What Spekco Is, and Is Not
Spekco provides software. We are not a party to any transaction, repair, sale, warranty, or other relationship between a Business Customer and its End Users. Each Business Customer alone is responsible for the products and services it provides, including the quality of repairs, the handling of devices and property in its care, and its prices, estimates, deposits, warranties, refunds, and policies. Spekco does not perform, inspect, or guarantee any repair or sale, and is not responsible for loss of or damage to any device or property.
Spekco is not a bank, payment processor, money transmitter, tax advisor, accountant, or law firm. Nothing in the Service is legal, tax, or accounting advice.
5. Accounts and Account Security
(a) Your responsibility. You are responsible for all activity under your account and your Authorized Users’ logins. You decide who has access and what roles and permissions they hold, and you must remove access promptly when someone leaves or should no longer have it. You are responsible for the security of the devices, networks, browsers, and email accounts used to access the Service.
(b) Two-factor authentication. The Service offers two-factor authentication (“2FA”) for staff logins, and a company setting that requires 2FA for every staff user. We strongly recommend that every Business Customer turn on required 2FA and that every Authorized User enable it. Whether to enable or require 2FA is your decision, and you accept the risk of not doing so.
(c) Compromised accounts. Spekco is not responsible or liable for any unauthorized access to, or use, loss, alteration, or disclosure of, your account, Customer Data, or any End User account that results from: (i) passwords or other credentials that are lost, stolen, shared, reused, weak, or otherwise compromised; (ii) your decision not to enable or require 2FA; (iii) phishing, social engineering, or malware affecting you, your Authorized Users, or your End Users; (iv) the acts or omissions of your current or former Authorized Users; (v) devices, networks, or email accounts that Spekco does not control; or (vi) Third-Party Services you connect, including API keys and access tokens you create or share. End Users are responsible for the security of their own portal credentials.
(d) Tell us right away. Notify us immediately at support@spekco.com if you suspect anyone has accessed your account without permission.
(e) Our part. We maintain reasonable administrative, technical, and physical safeguards designed to protect the Service and Customer Data, as described in our Privacy Policy. No security measure is perfect, and we do not guarantee that unauthorized access will never occur.
6. Your Data
(a) You own it. As between you and Spekco, you own Customer Data. You grant Spekco a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data as needed to provide, secure, support, and maintain the Service, to comply with law, and as described in our Privacy Policy. We do not sell Customer Data.
(b) Your responsibilities. You are responsible for the accuracy, quality, and legality of Customer Data and for how you obtained it. You represent that you have every right, notice, and consent (including from your End Users) needed for Spekco to process Customer Data as these Terms describe. As between you and Spekco, you decide why and how your End Users’ personal information is collected and used. You are responsible for giving your End Users any privacy notice the law requires and for honoring the rights the law gives them.
(c) Sensitive information. The Service is not designed for, and you must not enter, full payment card numbers, card security codes, bank account credentials, government identification numbers (such as Social Security numbers), or health information. If you choose to record device passcodes or other access credentials your End Users give you, you do so at your own risk, and you are responsible for getting their permission and deleting the credentials when no longer needed.
(d) Keep your own copies. You are responsible for keeping your own copies of Customer Data you need. The Service includes export tools, and we recommend that you use them regularly. Spekco is not a backup or archiving service. To the extent permitted by law, Spekco is not liable for the loss, corruption, or deletion of Customer Data.
(e) After you cancel. When you cancel or close your account, you have a restore window of at least 30 days during which you may restore the account or export Customer Data. After the window ends, we may permanently delete Customer Data without further notice, except records we must keep by law. Copies in backups are deleted as those backups expire.
7. Security Incidents
If we confirm that Customer Data on systems we control was accessed or disclosed without authorization because of a breach of our security, we will notify the affected Business Customers without undue delay, and within any period the law requires. We will also share the information reasonably available to us to help you meet your own obligations. You control your End Users’ data, so you are responsible for any notice to your End Users, regulators, or others that the law requires of you, except where the law places that duty directly on Spekco. Notifying you of an incident is not an admission of fault or liability.
8. Service Availability and Interruptions
(a) No guarantee of availability. The Service is provided on an “as available” basis. We do not guarantee that it will be uninterrupted, timely, secure, or error-free. We do not offer a service level agreement or uptime commitment unless a separate written agreement signed by Spekco says so.
(b) Things outside our control. The Service depends on the internet and on Third-Party Services, including cloud hosting, databases, payment processors, telecommunications carriers, and email and text-message providers. Their outages, delays, rate limits, filtering, and policy changes can affect the Service.
(c) Maintenance. We may perform scheduled or emergency maintenance, which may make all or part of the Service temporarily unavailable.
(d) Message delivery. We do not guarantee that any text message, email, notification, reminder, or alert will be delivered, or delivered on time. Carriers and mailbox providers may filter, delay, or block messages.
(e) Your business continuity. You are responsible for having reasonable ways to keep running your business during an interruption. Examples include a way to take payments without the Service, a way to record intake and work orders offline, and current exports of your customer list and open work.
(f) No liability for interruptions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPEKCO IS NOT LIABLE FOR ANY LOST SALES, LOST REVENUE, LOST PROFITS, LOST CUSTOMERS OR GOODWILL, MISSED APPOINTMENTS, UNDELIVERED OR DELAYED MESSAGES, BUSINESS INTERRUPTION, OR OTHER LOSS ARISING FROM ANY OUTAGE, SLOWDOWN, ERROR, DELAY, OR UNAVAILABILITY OF THE SERVICE, WHATEVER ITS CAUSE. Any service credit we choose to offer is at our sole discretion and is not an admission of liability. If the Service does not meet your needs, your remedy is to stop using it and cancel.
9. Subscriptions, Billing, and Free Trials
(a) Fees. Plans and fees are as shown on our pricing page or at checkout when you subscribe.
(b) Automatic renewal. Paid plans are billed monthly in advance and renew automatically each month until canceled. By subscribing, you authorize us and our payment processor to charge your payment method for each renewal, plus applicable taxes.
(c) Cancellation. You may cancel at any time in your account settings. Cancellation takes effect at the end of the current billing period, and you keep access until then.
(d) No refunds. Fees are non-refundable. We do not provide refunds or credits for partial months, unused features, or downgrades, except where the law requires it or Section 15(c) or 23(a) provides otherwise.
(e) Price changes. We may change our prices with at least 30 days’ notice. A new price applies from your first billing period that starts after the notice period ends. If you do not agree, cancel before then.
(f) Taxes. Fees do not include taxes. You are responsible for all applicable sales, use, and similar taxes, except taxes on Spekco’s income.
(g) Failed payments. If a payment fails, we may retry it, and we may suspend or downgrade your account until it is paid. You remain responsible for unpaid amounts.
(h) Billing disputes. You must tell us about any billing error within 60 days of the charge. After that, the charge is final.
(i) Free trials. We may offer a free trial on the terms shown when you sign up. When the trial ends, paid features are suspended unless you subscribe. Trials are provided “as is,” and we may change or end trial offers at any time.
10. Payments You Accept Through the Service
Payments you accept through the Service are processed by Third-Party Services, such as Stripe or Square, under your own account and your own agreement with that processor. Spekco is not a party to those agreements and does not hold, receive, or transmit your funds. You are responsible for your processor relationship, including fees, payouts, holds, reserves, chargebacks, refunds, disputes, fraud losses, compliance with card-network rules, and any PCI DSS obligations for payment data you handle outside the Service. Spekco is not liable for any processor’s acts, omissions, decisions, or outages, or for transactions that fail, are declined, or are reversed.
11. Text Messages and Emails You Send
When you use the Service to send text messages or emails, you are the sender. You alone are responsible for those messages and for their compliance with law. That includes the Telephone Consumer Protection Act, the CAN-SPAM Act, state messaging and telemarketing laws, carrier and CTIA guidelines, Canada’s Anti-Spam Legislation (CASL) for messages to Canada, and the anti-spam laws of other countries. You must get and keep a record of any consent the law requires, honor opt-out requests, message only people who have a relationship with your business, and never send messages that are unlawful, deceptive, or harassing. We may filter, rate-limit, delay, block, or suspend messaging without liability, including to protect deliverability or meet carrier requirements.
12. Calculations, Reports, and AI-Assisted Features
The Service includes tools that calculate or suggest information. Examples include sales tax rates, shipping rates and labels, totals, financial reports, accounting exports, and AI-generated suggestions. These tools rely on data you provide and on third-party sources, and they may be incomplete or wrong. You are responsible for reviewing their output. You are also responsible for your own tax, accounting, and legal compliance, including collecting and paying the correct taxes. AI-assisted features may produce inaccurate or unsuitable content, so review it before you use or publish it. Spekco is not liable for decisions, filings, or publications based on these tools.
13. Third-Party Services, Data Imports, and Your Documents
(a) Third-Party Services. You can connect Third-Party Services to the Service. Each one is governed by its own terms. When you connect one, you authorize Spekco to exchange Customer Data with it as needed for the integration. Spekco is not responsible for any Third-Party Service, including its availability, security, data handling, or changes. We may stop supporting an integration if its provider changes or ends its service.
(b) Data imports. When data is imported into the Service from another system, by you or by us at your request, you represent that you have the right to import it. Imported data may be incomplete, imperfectly mapped, or carry over errors from the source system. You are responsible for reviewing it, and Spekco is not liable for its accuracy or completeness.
(c) Your published documents. Terms, policies, and other documents you publish through the Service are yours. Spekco only hosts them. We do not review them and are not responsible for their content or whether they meet any legal requirement.
14. Acceptable Use
You will not, and will not allow anyone else to:
- Use the Service in violation of any law or anyone else’s rights
- Send unsolicited messages, or messages to anyone without the consent the law requires
- Upload malware, or interfere with, overload, or disrupt the Service or its infrastructure
- Access, probe, scan, or test the vulnerability of any system or account without our written permission
- Get around usage limits, plan restrictions, rate limits, or security features
- Use bots, scrapers, or other automated means except through our documented APIs and limits
- Reverse engineer, decompile, or disassemble the Service, except where the law allows it despite this restriction
- Resell, sublicense, or rebrand the Service without a written agreement with us
- Use the Service to build or train a competing product or service
- Sell goods or services that your payment processor prohibits
- Impersonate anyone or misrepresent your identity or your relationship with any business
- Enter sensitive information in violation of Section 6(c)
- Harass or abuse End Users, other customers, or Spekco staff
15. Suspension and Termination
(a) Suspension. We may suspend all or part of your access, without prior notice when reasonably necessary, if: you breach these Terms; a payment is overdue; your use poses a security risk or could harm the Service, other customers, or our standing with carriers or providers; or the law or a provider requires it. We will try to give notice when practical and to restore access once the issue is resolved.
(b) Termination for cause. We may terminate your account if you materially breach these Terms and do not cure the breach within 10 days after notice. We may terminate immediately for illegal use, a serious or repeated breach, or a breach that cannot be cured.
(c) Termination for convenience. We may terminate your account for any other reason with at least 30 days’ notice. If we do, we will refund any prepaid fees for the period after termination.
(d) Effect. When your account ends, your right to use the Service ends. Section 6(e) applies to your data, and any amounts you owe remain due. Sections 4, 5(c), 6, 7, 8(f), 10 through 13, and 16 through 25 survive, together with any other terms that by their nature should survive.
16. Intellectual Property and Feedback
Spekco and its licensors own the Service, including its software, design, documentation, and trademarks. These Terms and the EULA grant you a limited right to use the Service, not ownership, and no rights to our trademarks. All rights not expressly granted are reserved.
If you give us feedback or suggestions, we may use them without restriction or obligation to you.
We may collect information about how the Service is used and performs, such as feature use, errors, and logs. We may also create aggregated or de-identified data that does not identify you, your End Users, or any individual. We use this information to operate, secure, support, and improve the Service.
17. Disclaimer of Warranties
THE SERVICE, INCLUDING ANY FREE TRIAL, BETA, OR AI-ASSISTED FEATURE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPEKCO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SPEKCO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DATA WILL NOT BE LOST, OR THAT ANY CALCULATION, REPORT, OR CONTENT WILL BE ACCURATE OR COMPLETE.
18. Limitation of Liability
(a) Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPEKCO AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, BUSINESS, CUSTOMERS, GOODWILL, OR ANTICIPATED SAVINGS; BUSINESS INTERRUPTION; LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA; OR COST OF SUBSTITUTE GOODS OR SERVICES.
(b) Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPEKCO’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE, THESE TERMS, OR THE EULA WILL NOT EXCEED: (i) FOR A BUSINESS CUSTOMER, THE GREATER OF THE AMOUNTS YOU PAID SPEKCO IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, OR ONE HUNDRED U.S. DOLLARS (US$100); AND (ii) FOR ANYONE ELSE, INCLUDING END USERS, ONE HUNDRED U.S. DOLLARS (US$100).
(c) How these limits apply. These limits apply to every legal theory, including contract, tort (including negligence), strict liability, and statute. They apply even if Spekco was told such damages were possible, and even if a limited remedy fails of its essential purpose. They do not limit your obligation to pay fees or your obligations under Section 19. They do not limit any liability that the law does not allow to be limited; in that case our liability is limited to the fullest extent the law allows.
(d) Time limit for claims. To the extent permitted by law, any claim against Spekco must be brought within one year after it arises, or it is permanently barred.
(e) Basis of the bargain. Our prices reflect the allocation of risk in these Terms, and we would not provide the Service without these limits.
19. Indemnification
Each Business Customer will defend, indemnify, and hold harmless Spekco and its affiliates, members, managers, officers, employees, contractors, and agents from and against any third-party claim, and any resulting loss, damage, fine, penalty, settlement, cost, or expense (including reasonable attorneys’ fees), arising from or relating to:
- Customer Data, including your collection and use of End User information
- The products and services you provide, including repairs, device handling, warranties, and sales
- Messages sent through your account
- Payments you accept, including refunds, chargebacks, and disputes
- Any compromise of an account described in Section 5(c)
- Third-Party Services you connect, and documents you publish through the Service
- Your or your Authorized Users’ use of the Service, or breach of these Terms or of any law
We will notify you of a claim we want you to defend. You will control the defense with counsel reasonably acceptable to us, and we may take part with our own counsel at our own expense. You may not settle a claim in a way that admits fault by Spekco or imposes any obligation on Spekco without our written consent.
20. Terms for End Users
This section applies if you use the Service as a customer of a business that uses Spekco, for example to check a repair, book an appointment, shop, pay, or receive messages.
(a) Your relationship is with the business. The business, not Spekco, provides the repair, product, or service. It sets its own prices and policies and is responsible for them. Send questions, complaints, warranty claims, refund requests, and requests about your information to that business first.
(b) Your information. The business controls the personal information it collects about you through the Service, and Spekco processes it on the business’s behalf as described in our Privacy Policy. If the business publishes its own terms or privacy policy, those also apply to your dealings with it.
(c) Your account. Keep your password private and do not reuse a password from another site. You are responsible for activity under your account. Section 5(c) applies to your account.
(d) Text messages. Texts from a business are optional. Reply STOP to opt out or HELP for help. See our SMS Terms.
(e) What else applies. Sections 14, 16, 17, 18, 22, and 25 apply to you. Nothing in these Terms limits any right you have under consumer protection laws that cannot be waived by contract. Section 21 does not apply to End Users.
21. Dispute Resolution for Business Customers
(a) Talk to us first. Before starting a formal proceeding, the party with a dispute must send the other a written description of it. The parties will try in good faith to resolve it within 30 days.
(b) Binding arbitration. Any dispute between a Business Customer and Spekco arising from or relating to these Terms, the EULA, or the Service that is not resolved informally will be resolved by final and binding arbitration. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in St. Charles County, Missouri. Hearings may be held by video. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this Section 21.
(c) Exceptions. Either party may bring an individual claim in small-claims court. Either party may also ask a court for an injunction to stop infringement or misuse of its intellectual property, or unauthorized access to the Service.
(d) Class action waiver. Disputes will be resolved only on an individual basis. Neither party may bring or take part in a class, collective, consolidated, or representative action or arbitration, and the arbitrator may not combine claims of different customers. If this paragraph is found unenforceable as to a claim, that claim will proceed in court under Section 22, not in arbitration. A court, not the arbitrator, decides whether this paragraph is enforceable.
(e) Jury waiver. If any dispute proceeds in court, both parties waive any right to a jury trial.
(f) Costs. Each party bears its own attorneys’ fees and costs, except as the arbitrator awards under the applicable rules or law.
(g) Changes to this section. A change to this Section 21 does not apply to a dispute that arose before the change took effect. That dispute is governed by the version of this section in effect when it arose.
22. Governing Law and Venue
These Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute not subject to arbitration must be brought only in the state courts located in St. Charles County, Missouri or in the United States District Court for the Eastern District of Missouri, and you consent to the personal jurisdiction of those courts. This section does not take away any non-waivable right an End User has to bring a claim where they live.
23. Changes to the Service and to These Terms
(a) The Service. We may add, change, or remove features at any time. If we discontinue the Service entirely, we will give at least 30 days’ notice and refund any prepaid fees for the period after it ends.
(b) These Terms. We may update these Terms. For material changes, we will notify existing Business Customers by email or in the Service at least 30 days before the changes take effect. Other changes take effect when posted. The effective date at the top of this page shows the current version. If you keep using the Service after a change takes effect, you accept it. If you do not agree, stop using the Service and cancel before the change takes effect.
24. Events Beyond Our Control
Spekco is not liable for any delay or failure to perform caused by events beyond its reasonable control. These include natural disasters, fire, flood, pandemics, war, terrorism, civil unrest, labor disputes, government action, power or internet failures, failures or outages of hosting providers, carriers, payment processors, or other Third-Party Services, and cyberattacks, including denial-of-service attacks. This section does not excuse your obligation to pay fees.
25. General
- Entire agreement. These Terms, the EULA, and any document they reference are the entire agreement between you and Spekco about the Service. They replace any earlier agreement or understanding on that subject.
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition, or sale of assets.
- Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the rest of these Terms remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
- Notices. We may send notices to the email address on your account or within the Service. Send notices to us at support@spekco.com. You consent to receiving agreements, notices, and other communications from us electronically.
- Independent parties. You and Spekco are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
- No third-party beneficiaries. No one other than you and Spekco has rights under these Terms, except the people indemnified in Section 19.
- Export and sanctions. You will comply with U.S. export control and sanctions laws in your use of the Service.
- Interpretation. Headings are for convenience only. “Including” means “including without limitation.” If these Terms are translated, the English version controls.
26. Contact
Questions about these Terms: support@spekco.com
440 Technologies LLC, doing business as Spekco
1371 Briar Creek Drive, St. Charles, MO 63304, United States