Terms of Service

Last updated: May 28, 2026

1. Acceptance of Terms

By accessing or using the Automotive Repair Shop and Mobile Mechanic Management Software ("Software"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use the Software.

2. Description of Services

The Software provides tools for shop management, including but not limited to scheduling, invoicing, customer management, vehicle records, and reporting. The Software does not provide mechanical advice, safety guarantees, or regulatory compliance assurances.

3. Eligibility and Business Use

You represent that you are using the Software for lawful business purposes and that you have the authority to enter into these Terms on behalf of your business.

4. User Responsibilities

You agree to:

• Provide accurate and complete information
• Maintain the confidentiality of login credentials
• Ensure all repair work complies with applicable laws, safety standards, and manufacturer guidelines
• Maintain appropriate licenses, certifications, and insurance

You are solely responsible for all activities conducted under your account.

5. Payments, Subscription, and Billing

The Software is offered on a paid subscription basis:

• Billing cycle: Subscriptions are billed monthly. Your billing date is set on the date your subscription activates and recurs on that same day each month.
• Auto-renewal: Subscriptions renew automatically at the end of each billing period at the then-current rate unless you cancel before the renewal date. You authorize us to charge your payment method on file at each renewal.
• Price changes: We will provide at least 30 days' notice before changing subscription fees. Continued use after the effective date constitutes acceptance of the new rate.
• Non-refundable: All fees are non-refundable unless otherwise expressly stated. Partial-month cancellations do not receive prorated refunds.
• Failed payments: If a payment fails, we will attempt to recharge within 3 business days. Access may be suspended after a failed payment grace period of 7 days. We are not liable for data loss resulting from suspension due to non-payment.
• Cancellation: You may cancel at any time through your account settings or by contacting us at info@bkgaragepro.com. Cancellation takes effect at the end of the current billing period. You retain access through that date.
• Plan upgrades: Upgrades take effect immediately. You will be billed a prorated amount for the remainder of the current billing period.
• Plan downgrades: Downgrades take effect at the start of the next billing period. No prorated credit is issued for the current period.
• Suspension: We reserve the right to suspend or terminate access for non-payment, violation of these Terms, or other lawful reasons with reasonable notice where practicable.

6. Data, Records, and Privacy Compliance

You retain ownership of your business and customer data. You grant us a limited license to store, process, and display that data solely as necessary to provide the Software. All data is stored in a SOC 2 Type 2 certified, AES-256 encrypted serverless PostgreSQL database (Neon, hosted on AWS us-east-1).

When you use the Software to collect or store personal data belonging to your customers or employees, you are the data controller and we act as your data processor. You are solely responsible for:

• Maintaining a publicly accessible privacy policy or notice for your own shop customers that discloses how their personal data (name, phone, vehicle, service history) is collected and stored
• Obtaining all legally required consents before collecting personal data from your customers
• Complying with all applicable data protection laws in your jurisdiction, including GDPR (if processing data of EEA/UK individuals) and CCPA (if processing data of California residents)
• Responding to data subject rights requests from your customers (e.g., requests to access or delete their data)
• Ensuring your use of the Software to store customer data is lawful under applicable law
• Maintaining your own backups of critical business data - while we take reasonable precautions, we are not responsible for data loss

If you require a formal Data Processing Agreement (DPA) under GDPR Article 28, email us at info@bkgaragepro.com.

7. Prohibited Uses

You agree not to:

• Use the Software for any unlawful, fraudulent, or abusive purpose
• Interfere with or disrupt the integrity, performance, or security of the Software or its infrastructure
• Attempt to gain unauthorized access to any account, system, database, or network connected to the Software
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Software
• Copy, reproduce, modify, distribute, sell, sublicense, or create derivative works of any part of the Software
• Scrape, crawl, or use automated means to extract data from the Software or its interfaces
• Use the Software to collect or compile information about other users or shops without their consent
• Use the Software to develop or assist in developing a competing product or service
• Transmit malicious code, viruses, or any content designed to harm or interfere with the Software
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Use the Software in any manner that could impose an unreasonable or disproportionate load on our infrastructure
• Circumvent, disable, or otherwise interfere with security-related features or access controls

8. Disclaimer of Warranties

The Software is provided "as is" and "as available" without warranties of any kind, including accuracy, reliability, or fitness for a particular purpose. See our full Disclaimer for details.

9. Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, or consequential damages, including loss of profits, data, business interruption, vehicle damage, or personal injury arising from use of the Software.

10. Indemnification

You agree to indemnify and hold harmless BK Garage Pro from any claims, damages, or liabilities arising from:

• Your use of the Software
• Your repair services or business operations
• Violations of these Terms

11. Termination

We may suspend or terminate your access at any time for violations of these Terms or other lawful reasons. You may stop using the Software at any time by canceling your subscription.

12. Modifications

We reserve the right to update these Terms at any time. Continued use of the Software after changes are posted constitutes acceptance of the updated Terms.

13. Governing Law & Dispute Resolution

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

Informal resolution: Before initiating formal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for at least 30 days after written notice of the dispute is provided.

Binding arbitration: If informal resolution fails, disputes shall be submitted to binding individual arbitration in Jackson, Tennessee under the rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Either party may seek emergency injunctive relief in a court of competent jurisdiction without waiving the right to arbitration.

Class action waiver: YOU AND BK GARAGE PRO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Small claims: Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim qualifies under applicable small claims court rules.

Jury trial waiver: TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING UNDER THESE TERMS.

14. AI Support Assistant

Our public website includes an AI-powered support chat assistant ("AI Assistant") to help answer questions about the Software. By using the AI Assistant, you acknowledge and agree that:

• The AI Assistant is not a human. It is an automated software agent powered by Anthropic's Claude language model. It does not represent a licensed technician, legal advisor, or human support agent.
• Responses are informational only and may not always be accurate or complete. Do not rely on AI Assistant responses as professional advice.
• Do not submit sensitive information through the AI Assistant, including passwords, payment data, or personal customer information.
• The AI Assistant is only available on our public website - it is not embedded in or connected to the Software itself, and does not process your shop's customer data.
• Messages are processed by Anthropic in accordance with their Privacy Policy. Anthropic does not use API data to train its models by default.

We reserve the right to modify, limit, or discontinue the AI Assistant at any time.

15. API and Programmatic Access

If BK Garage Pro provides API access, the following terms apply:

• API access is granted for the sole purpose of integrating with your own shop's data and approved third-party tools
• You may not use the API to scrape, harvest, or aggregate data from multiple accounts
• You may not use the API to build competing products or services, or to reverse-engineer the Software's functionality
• We reserve the right to impose rate limits, revoke API access, or modify API terms at any time with reasonable notice
• API keys are credentials — treat them as passwords. You are responsible for all activity under your API keys
• We are not liable for any disruption caused by API changes, deprecations, or outages

16. Intellectual Property

BK Garage Pro and its licensors retain all right, title, and interest in and to the Software, including all associated intellectual property rights. These Terms do not grant you any rights in the Software other than the limited right to use it as described herein. You may not copy, modify, distribute, sell, or lease any part of the Software, or reverse engineer or attempt to extract its source code.

You retain all ownership rights to your business data and customer records entered into the Software. By using the Software, you grant us a limited, non-exclusive, royalty-free license to store, process, and display that data solely as necessary to provide the Software to you.

17. Notices

Notices to BK Garage Pro must be sent by email to info@bkgaragepro.com or by mail to BK Garage Pro, Jackson, Tennessee. Notices to you will be sent to the email address associated with your account. You are responsible for keeping your email address current. Notices are deemed received: (a) immediately if sent by email with no delivery failure notification; or (b) three business days after mailing if sent by first-class mail.

18. Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, labor disputes, internet or infrastructure outages, or actions of third-party service providers.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, Data Processing Agreement, and any applicable subscription or order agreements, constitute the entire agreement between you and BK Garage Pro regarding the Software and supersede all prior agreements, representations, or understandings relating to the same subject matter.