These Terms of Service (“Terms”) govern access to and use of the FileWisely software platform, websites, mobile applications, communications tools, artificial intelligence features, payment features, integrations, and related services (collectively, the “Services”).
The Services are provided by Sunshower, Inc., doing business as FileWisely (“FileWisely,” “Sunshower,” “we,” “us,” or “our”).
By creating an account, accessing the Services, purchasing a subscription, accepting an order form, or using FileWisely, you agree to these Terms on behalf of yourself and, where applicable, the business or organization you represent (“Customer”).
If you are accepting these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use the Services.
1. FileWisely Services
FileWisely is a software platform designed to help automotive repair, collision repair, and other service businesses manage aspects of their operations.
Depending on the Customer’s subscription, configuration, and available integrations, FileWisely may provide features including:
- Customer and repair communications
- Telephone and SMS capabilities
- Email management
- AI-powered assistants and automation
- Appointment and scheduling tools
- Customer intake
- Document collection and management
- Digital authorizations and signatures
- Repair and job workflow management
- Customer portals
- Payment collection and payment-related tools
- Invoice and document processing
- Reporting and operational insights
- Third-party integrations
- Other business-management functionality
Features may be added, changed, improved, restricted, or discontinued over time.
FileWisely does not replace professional legal, accounting, tax, insurance, regulatory, repair, estimating, or financial advice.
2. Business Use
FileWisely is primarily intended for businesses and their authorized employees, contractors, representatives, and users.
The Customer is responsible for:
- Determining who may access its FileWisely account
- Managing user permissions
- Maintaining accurate account information
- Ensuring its users comply with these Terms
- All activity occurring through its account
The Customer is responsible for promptly removing access for users who are no longer authorized.
3. Eligibility
Users must be at least 18 years old and legally capable of entering into a binding agreement.
By using the Services, you represent that you satisfy these requirements.
4. Accounts and Security
Customers and users must provide accurate and current registration information.
You are responsible for protecting account credentials and must not knowingly permit unauthorized persons to access your account.
You must promptly notify FileWisely if you believe:
- An account has been compromised
- Login credentials have been stolen
- Unauthorized access has occurred
- Customer Data may have been improperly accessed
FileWisely may require additional authentication or security measures when reasonably necessary to protect the Services or Customer Data.
5. Customer Data
“Customer Data” means information, documents, communications, recordings, images, repair information, customer information, transaction information, and other content submitted to, transmitted through, stored in, or generated through use of the Services on behalf of a Customer.
As between FileWisely and the Customer, the Customer retains its rights in Customer Data.
The Customer grants FileWisely a limited right to host, process, transmit, reproduce, analyze, and otherwise use Customer Data as reasonably necessary to:
- Provide the Services
- Operate and secure the platform
- Troubleshoot problems
- Provide support
- Prevent fraud or abuse
- Improve platform functionality
- Comply with applicable law
FileWisely does not acquire ownership of Customer Data merely because that data is processed through the Services.
6. Customer Responsibility for Data
The Customer represents that it has the rights, permissions, notices, and consents necessary to provide Customer Data to FileWisely and to instruct FileWisely to process that data.
The Customer is responsible for complying with applicable privacy, consumer-protection, employment, communications, insurance, repair-industry, and data-protection laws that apply to its business.
Customers must not use FileWisely to collect, transmit, or process information they are not legally authorized to possess or use.
7. Artificial Intelligence Features
Certain FileWisely features use artificial intelligence, machine learning, automated classification, natural-language processing, or other automated technologies.
AI-powered features may assist with tasks such as:
- Summarizing communications or documents
- Identifying potential follow-up items
- Extracting information
- Categorizing records
- Drafting messages
- Answering questions
- Identifying potential discrepancies
- Recommending actions
- Automating portions of business workflows
Artificial intelligence is probabilistic and may produce incomplete, inaccurate, misleading, or incorrect information.
Customers are responsible for reviewing AI-generated outputs before relying on them for material business, financial, legal, insurance, repair, customer-service, employment, or operational decisions.
FileWisely does not guarantee the accuracy, completeness, or suitability of AI-generated outputs.
8. Automated Actions
Some FileWisely features may prepare, recommend, schedule, initiate, or perform actions based on Customer configuration.
The Customer remains responsible for its business decisions and for determining when automated actions are appropriate.
Where FileWisely provides approval controls, Customers are responsible for reviewing actions before approving them.
FileWisely does not guarantee that automated systems will identify every issue, communication, deadline, payment, opportunity, inconsistency, or business risk.
9. Communications, Telephone, and SMS Services
FileWisely may enable Customers to communicate with customers, employees, insurers, vendors, or other parties through telephone, voicemail, SMS, email, or similar communications channels.
The Customer is responsible for ensuring that its use of these features complies with applicable laws and regulations, including requirements relating to:
- Consent
- Telemarketing
- Automated communications
- Text messaging
- Calling hours
- Opt-outs
- Do-not-call requirements
- Call recording
- Monitoring
- Communications retention
The availability of a communications feature within FileWisely does not mean that a particular use of that feature is legally permitted.
Customers are responsible for determining whether consent is required before placing calls, sending messages, recording communications, or using automated communication technology.
10. Call Recording and Transcription
Where enabled, FileWisely may support call recording, voicemail recording, transcription, summarization, and AI analysis of communications.
Laws governing recording and monitoring differ by jurisdiction.
The Customer is responsible for determining whether notice or consent is required before recording or monitoring communications and for obtaining any required consent.
FileWisely provides technical functionality relating to recording or transcription but does not provide legal advice regarding recording-consent laws.
11. FileWisely SMS Program
Customers or users who separately opt in to receive SMS communications directly from FileWisely may receive operational, security, support, account, service, or promotional messages.
Message frequency may vary.
By providing a mobile number and consenting to receive text messages, you agree to receive SMS communications at the number provided, including messages sent using automated technology where permitted by law.
Consent to promotional text messages is not a condition of purchasing FileWisely services unless expressly stated otherwise.
You may opt out of non-essential FileWisely SMS communications at any time by replying STOP.
For assistance, reply HELP or contact FileWisely support.
Message and data rates may apply.
Wireless carriers are not responsible for delayed or undelivered messages.
Information collected through the FileWisely SMS program will be handled in accordance with our Privacy Policy.
FileWisely does not sell mobile phone numbers or SMS opt-in consent information to third parties for their independent marketing purposes.
This Section applies to communications sent directly by FileWisely. Communications sent by a FileWisely Customer to that Customer’s own customers or contacts are the responsibility of that Customer.
12. Third-Party Services and Integrations
FileWisely may integrate with or depend upon third-party platforms and service providers.
These may include payment processors, communications providers, email providers, accounting platforms, calendar providers, cloud infrastructure providers, artificial-intelligence providers, app stores, and other technology vendors.
Use of third-party services may be subject to separate terms and privacy policies.
FileWisely does not control third-party services and is not responsible for:
- Third-party outages
- Changes to third-party APIs
- Service interruptions
- Third-party data loss
- Third-party pricing
- Third-party security incidents
- A third party’s decision to restrict or discontinue access
Certain FileWisely functionality may become unavailable if a required third-party integration becomes unavailable.
13. Payment Processing
FileWisely may allow Customers to request, accept, track, or facilitate payments through third-party payment processors.
FileWisely is not a bank, credit-card network, or financial institution.
Payment transactions may be processed by third-party payment providers and may be subject to their separate agreements, fees, underwriting requirements, dispute procedures, chargeback rules, and compliance requirements.
Customers are responsible for:
- Amounts charged to their customers
- Refunds
- Disputes
- Chargebacks
- Taxes
- Legally required disclosures
- Accuracy of payment requests
FileWisely does not guarantee that a payment will be approved, funded, settled, or free from dispute.
14. Subscription Fees and Billing
Certain Services require a paid subscription.
Pricing, included features, usage allowances, implementation fees, platform fees, transaction fees, or other charges may be described on FileWisely’s website, within the Services, or in an order form or separate agreement.
Unless otherwise stated, subscription fees are charged in advance.
Customers authorize FileWisely and its payment providers to charge the applicable payment method for amounts due.
Customers are responsible for applicable taxes except taxes based on FileWisely’s net income.
FileWisely may change pricing upon reasonable advance notice.
If a separate signed agreement or order form provides different billing terms, that agreement controls for the matters it specifically addresses.
15. Trials and Promotional Programs
FileWisely may offer free trials, pilot programs, beta access, promotional pricing, or founding-customer programs.
Unless otherwise agreed in writing, FileWisely may modify or end such programs at any time.
At the end of a trial or promotional period, continued use may require a paid subscription.
16. Cancellation
Customers may cancel subscriptions in accordance with the cancellation process provided within the Services or applicable order form.
Unless otherwise stated in writing, cancellation takes effect at the end of the then-current paid subscription period.
Fees already paid are generally non-refundable except where required by law or expressly stated otherwise.
17. Acceptable Use
You may not use the Services to:
- Violate any law or regulation
- Infringe intellectual-property rights
- Access data without authorization
- Impersonate another person or organization
- Transmit malware or malicious code
- Interfere with the security or operation of the Services
- Attempt to bypass access controls
- Scrape or systematically extract platform data except as expressly authorized
- Reverse engineer the Services except where such restriction is prohibited by law
- Send unlawful spam or unlawful automated communications
- Harass, threaten, or defraud others
- Use FileWisely to facilitate unlawful conduct
We may investigate suspected misuse and restrict access when reasonably necessary to protect the platform, our Customers, third parties, or FileWisely.
18. Intellectual Property
FileWisely and Sunshower retain all rights, title, and interest in the Services, including software, source code, object code, artificial-intelligence systems, interfaces, designs, workflows, methods, documentation, trademarks, branding, content, and related intellectual property.
Except for the limited right to use the Services under these Terms, no intellectual-property rights are transferred to the Customer.
Customers may not copy, reproduce, sell, sublicense, modify, create derivative works from, or commercially exploit FileWisely technology except as expressly authorized by us.
19. Feedback
If a Customer provides suggestions, ideas, enhancement requests, recommendations, or other feedback concerning FileWisely, the Customer grants FileWisely the right to use that feedback without restriction or compensation.
This provision does not transfer ownership of Customer Data to FileWisely.
20. Confidentiality
Each party may receive non-public information relating to the other party’s business, technology, customers, operations, or systems.
Each party agrees to use reasonable measures to protect confidential information and to use that information only for purposes related to the business relationship.
Confidential information does not include information that:
- Becomes public without breach of these Terms
- Was already lawfully known to the receiving party
- Is independently developed without use of confidential information
- Is lawfully obtained from another source without a duty of confidentiality
A party may disclose confidential information when required by law, subpoena, or court order, subject to applicable legal restrictions.
21. Privacy and Data Processing
Our collection and use of personal information is described in the FileWisely Privacy Policy.
Customers are responsible for providing any privacy notices required for their own customers, employees, or other individuals whose information they process using FileWisely.
Where applicable, processing of Personal Data on behalf of Customers may also be governed by the FileWisely Data Processing Addendum.
22. Service Availability
We work to maintain reliable Services but do not guarantee uninterrupted or error-free operation.
The Services may occasionally be unavailable due to:
- Maintenance
- Upgrades
- Third-party outages
- Internet failures
- Telecommunications failures
- Infrastructure problems
- Security incidents
- Force majeure events
- Other circumstances outside our reasonable control
FileWisely may perform maintenance or modify systems when reasonably necessary.
23. Beta and Experimental Features
FileWisely may provide beta, preview, experimental, or early-access functionality.
Such features may be incomplete, change without notice, contain errors, or be discontinued.
Beta features are provided “as is” and may not be appropriate for critical business processes.
24. No Guarantee of Business Results
FileWisely provides technology and operational tools.
We do not guarantee:
- Increased revenue
- Reduced expenses
- Improved cycle time
- Collection of amounts owed
- Successful insurance claims
- Payment by insurers or customers
- Customer retention
- Employee performance
- Regulatory compliance
- Communication delivery
- Identification of every business issue
- Any particular business outcome
Customers remain responsible for operating their businesses and making business decisions.
25. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
FILEWISELY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.
WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.
Some jurisdictions do not allow certain warranty exclusions, so portions of this Section may not apply to you.
26. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILEWISELY, SUNSHOWER, INC., AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILEWISELY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY THE CUSTOMER TO FILEWISELY DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limitations apply regardless of the legal theory asserted and even if FileWisely has been advised that damages may occur.
Some jurisdictions do not permit certain liability limitations, and those limitations will apply only to the extent permitted by applicable law.
27. Indemnification
To the extent permitted by law, the Customer agrees to defend, indemnify, and hold harmless Sunshower, Inc., FileWisely, and their officers, directors, employees, affiliates, and agents from third-party claims, damages, liabilities, costs, and reasonable attorneys’ fees arising from or relating to:
- Customer Data
- The Customer’s business operations
- The Customer’s violation of applicable law
- Unauthorized or unlawful communications sent using the Services
- Failure to obtain legally required consent
- The Customer’s products or services
- The Customer’s violation of these Terms
FileWisely will provide reasonable notice of an indemnified claim and reasonable cooperation in the defense.
28. Suspension
FileWisely may temporarily suspend access where reasonably necessary because of:
- Nonpayment
- Security threats
- Suspected fraud
- Unlawful activity
- Material breach of these Terms
- Risk to other Customers
- Legal or regulatory requirements
Where reasonably practicable, FileWisely will provide notice and an opportunity to cure before suspension.
29. Termination
Either party may terminate the relationship as permitted by the applicable subscription, order form, or these Terms.
FileWisely may terminate access for material breach, unlawful activity, repeated nonpayment, abuse of the Services, or serious security risk.
Upon termination, the Customer’s right to use the Services ends.
Certain provisions that by their nature should survive termination will continue, including provisions relating to intellectual property, confidentiality, limitations of liability, indemnification, payment obligations, and dispute resolution.
30. Data Following Termination
After termination, FileWisely may provide a limited period during which Customers can retrieve certain Customer Data, subject to technical availability, legal obligations, and applicable subscription terms.
After that period, FileWisely may delete or anonymize Customer Data in accordance with its data-retention practices and applicable law.
FileWisely may retain information where necessary to:
- Comply with law
- Resolve disputes
- Enforce agreements
- Prevent fraud
- Maintain security
- Preserve legitimate business records
Customers should maintain their own copies of information required for legal, accounting, regulatory, or business purposes.
31. Mobile Applications
If you download FileWisely through the Apple App Store, Google Play, or another distribution platform, your use may also be subject to that platform’s applicable terms.
The platform provider is not responsible for operating or supporting FileWisely except to the extent required under its own policies.
32. Changes to the Services
FileWisely may modify, enhance, replace, or discontinue features as the platform develops.
We may make changes necessary for:
- Security
- Legal compliance
- Technical performance
- Third-party integration changes
- Product improvements
- Business reasons
Where a material change substantially reduces core paid functionality, we will make reasonable efforts to provide advance notice.
33. Changes to These Terms
We may update these Terms from time to time.
If we make material changes, we may provide notice through the Services, by email, through our website, or through another reasonable method.
Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
34. Dispute Resolution, Binding Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the relationship between FileWisely and Customer, or the breach, termination, enforcement, interpretation, or validity of these Terms will be resolved through final and binding arbitration rather than in court.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect, unless the parties mutually agree otherwise.
The arbitration may be conducted remotely by video conference unless the arbitrator determines that an in-person hearing is reasonably necessary.
If an in-person hearing is required, it will take place in Orange County, California, unless the parties agree to another location.
The arbitrator will have authority to award any remedy that would otherwise be available in a court of competent jurisdiction, subject to the limitations contained in these Terms.
The arbitrator’s decision will be final and binding, and judgment upon the award may be entered in any court having jurisdiction.
Exceptions to Arbitration
Either party may bring an individual claim in small claims court if the claim qualifies.
Either party may also seek temporary, preliminary, or injunctive relief in court where reasonably necessary to:
- Protect intellectual-property rights
- Prevent unauthorized access to the Services
- Address misuse of confidential information
- Prevent security threats
- Prevent unlawful or abusive use of the Services
Seeking such relief does not waive the right to arbitration for other claims.
Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.
NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE ACTION AGAINST THE OTHER PARTY.
The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.
If a court determines that this class-action waiver is unenforceable with respect to a particular claim or remedy, that claim or remedy will be resolved by a court of competent jurisdiction while any remaining arbitrable claims will continue in arbitration.
Arbitration Confidentiality
The parties will use reasonable efforts to keep arbitration proceedings, filings, evidence, and awards confidential except where disclosure is required by law, necessary to enforce an arbitration award, necessary to protect a legal right, or otherwise required by applicable arbitration rules.
35. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
To the extent a dispute is not required to be arbitrated under these Terms, the parties consent to jurisdiction in a court of competent jurisdiction as permitted by applicable law.
36. Entire Agreement
These Terms, together with any applicable order form, subscription agreement, Privacy Policy, Data Processing Addendum, or other agreement expressly incorporated by reference, constitute the agreement between the parties concerning the Services.
If an executed written order form or enterprise agreement conflicts with these Terms, the executed agreement controls with respect to the conflict.
37. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect.
The unenforceable provision will be modified to the minimum extent necessary to make it enforceable where permitted by law.
38. No Waiver
Failure by either party to enforce a provision of these Terms does not waive the right to enforce that provision later.
39. Assignment
Customers may not assign these Terms without FileWisely’s prior written consent, except in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of the Customer’s assets.
FileWisely may assign these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, or transfer of the FileWisely business.
40. Contact Information
Questions regarding these Terms may be directed to:
Sunshower, Inc. d/b/a FileWisely
730 W 17th St
Costa Mesa, CA 92627
Legal: legal@filewisely.com
Support: support@filewisely.com
Phone: 949-776-0237