Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or entity, "you" or "Customer") and Better X LLC ("Better X," "we," "our," or "us") concerning your access to and use of our AI-powered automotive repair shop management platform and services, including but not limited to our voice agent, web chat agent, SMS agent, social media agent, recruiter agent, reputation management, smart invoicing, and parts procurement tools (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

2.2 Account Registration

To access certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3. Description of Services

Better X provides AI-powered automation and management tools specifically designed for automotive repair shops. Our Services include:

• AI Agents: Voice, web chat, SMS, and social media agents that handle customer communications, appointment scheduling, and inquiries 24/7
• Recruiter Agent: Automated recruitment tools to help find and manage job applicants
• Reputation Management: Tools to monitor and manage online reviews and ratings
• Smart Invoicing: Automated invoice generation and payment processing
• Parts Procurement: AI-assisted parts sourcing and inventory management
• Analytics and Reporting: Business intelligence and performance metrics

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

4. User Obligations and Acceptable Use

4.1 Acceptable Use

You agree to use the Services only for lawful purposes. You shall not:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services to transmit harmful, offensive, or illegal content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of the Services
• Use automated systems to access the Services without authorization
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Remove or modify any proprietary notices or labels
• Use the Services to compete with Better X or develop competing products

4.2 Content Responsibility

You are solely responsible for any content you submit, upload, or transmit through the Services. You represent and warrant that you have all necessary rights to such content and that it does not violate any third-party rights or applicable laws.

5. Fees and Payment

5.1 Subscription Fees

Access to the Services requires payment of subscription fees as outlined in your selected service plan. All fees are non-refundable except as expressly stated in these Terms or required by law.

5.2 Billing and Payment

You agree that:

• Subscription fees are billed in advance on a monthly or annual basis
• You authorize us to charge your payment method for all applicable fees
• You are responsible for maintaining valid payment information
• Failure to pay may result in suspension or termination of Services
• We may change fees with 30 days' prior notice

5.3 Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental assessments. You are responsible for paying all such taxes except those based on our net income.

6. Intellectual Property Rights

6.1 Our Rights

The Services, including all software, technology, content, trademarks, and other materials, are owned by Better X or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes.

6.2 Your Content

You retain ownership of any content you submit to the Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, and process your content solely to provide and improve the Services.

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us an unlimited, irrevocable license to use such feedback without compensation or attribution.

7. Data Protection and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.

We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee the absolute security of your information.

8. AI and Machine Learning

Our Services utilize artificial intelligence and machine learning technologies. You acknowledge and agree that:

• AI-generated responses may not always be accurate or appropriate
• You should review AI outputs before relying on them for business decisions
• We may use anonymized interaction data to train and improve our AI models
• AI performance may vary and is not guaranteed to meet specific accuracy levels
• You are responsible for ensuring AI outputs comply with applicable laws

9. Warranties and Disclaimers

9.1 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted or error-free service. The Services may be temporarily unavailable for maintenance, upgrades, or due to circumstances beyond our control.

9.2 Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTER X SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Better X and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or data submitted to the Services

12. Term and Termination

12.1 Term

These Terms remain in effect while you use the Services or maintain an account with us.

12.2 Termination by You

You may terminate your account at any time by contacting us or using the account cancellation feature. Termination does not relieve you of payment obligations for services already provided.

12.3 Termination by Us

We may suspend or terminate your access to the Services immediately, without notice, for:

• Violation of these Terms
• Non-payment of fees
• Suspected fraudulent or illegal activity
• Extended periods of inactivity
• Any reason at our sole discretion

12.4 Effect of Termination

Upon termination, your right to use the Services immediately ceases. We may delete your data after a reasonable period following termination. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us at hello@gobetterx.com to seek informal resolution of any dispute.

13.2 Arbitration

Any dispute arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the state of Delaware, United States. You waive any right to a jury trial or to participate in a class action lawsuit.

13.3 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights.

14. General Provisions

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.2 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting an updated version on our website or by email. Your continued use of the Services after such notice constitutes acceptance of the modified Terms.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

14.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Better X regarding the Services and supersede all prior agreements.

14.5 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

14.6 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15. Contact Information

If you have any questions about these Terms of Service, please contact us: