Terms of Service

1. Definitions

“Customer Data” means the repair orders, estimates, and other content you submit. “Authorized Users” are the people you permit to use the Service under your account. “Documentation” means our published guides. “Order” means the plan or subscription you sign up for.

2. What the Service does

BlindSpot compares a shop's estimate against an insurer's estimate, flags operations and line items that appear to be missing or short-paid, and helps you assemble a cited supplement and a balance statement. It is a tool to help you find and document amounts you may be owed.

3. Not advice, and no guarantee of payment

BlindSpot is not a law firm, an insurance adjuster, or a billing service, and nothing it produces is legal, financial, or insurance advice. We do not guarantee that any carrier will approve or pay any amount we flag. You decide what to submit and remain responsible for your own estimates, supplements, and customer communications.

4. Eligibility and accounts

You must provide accurate registration information and keep it current, keep your credentials secure, and are responsible for all activity under your account and for your Authorized Users' compliance with these Terms.

5. Fees, billing, auto-renewal, and taxes

If you subscribe to a paid plan, you agree to the fees and billing cycle presented at sign-up. Unless stated otherwise, subscriptions renew automatically for successive periods unless you cancel before the end of the current period; we will remind you before an annual renewal, and you can cancel through the same easy method you used to sign up.

Fees are non-refundable except where required by law or expressly stated. Any satisfaction guarantee we offer applies as described at the time of sale. You are responsible for applicable taxes, which we may add to invoices. We may suspend the Service for non-payment after reasonable notice.

6. Free trials and beta features

We may offer trials or beta features. They are provided AS IS, without any uptime or performance commitment, and we may modify or discontinue them at any time. Data you upload during a trial may be deleted at the end of the trial if you do not subscribe.

7. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose, or to prepare or submit fraudulent or knowingly false claims to any insurer
• Upload any data you do not have the right to upload
• Reverse engineer, copy, resell, or sublicense the Service, or use it to build a competing product
• Introduce malware, probe or disrupt the Service, or exceed usage limits
• Infringe anyone's intellectual property or privacy rights

We may suspend or terminate access immediately for a violation of this section.

8. Your responsibilities for end-customer data

Repair orders and estimates can contain your customers' personal information. You are responsible for having the right to upload that information and for any notices or consents required from your customers. As between us, that data is yours; we process it on your behalf under our Data Processing Addendum.

9. Your content and our use of it

You keep all rights to Customer Data. You grant us a limited, non-exclusive license to host, process, and transmit it solely to provide and improve the Service. We may use aggregated, de-identified data (which cannot reasonably identify you, your shop, or any individual) to operate and improve the Service. We do not sell Customer Data.

10. Accuracy program

By accepting these Terms at signup, your shop participates in BlindSpot's accuracy program. We keep a copy of each claim's PDF pair and record the decisions you make on gap items, and our team may review them to test and correct the deterministic engine. Claim PDFs can contain customer personal information, including customer name, VIN, address, and insurance details. This data is used to test and correct the engine, never to generate your documents. Participation is part of the Service and cannot be turned off in Settings. You can request full deletion by contacting us.

11. Our intellectual property and your feedback

We own all rights in the Service, including its software, models, and Documentation, and all improvements. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

12. Confidentiality

Each party will protect the other's non-public information, use it only to perform under these Terms, and disclose it only to people bound by similar obligations, except where it is public, independently developed, or legally compelled (with notice where allowed). These obligations continue for three years after disclosure, and indefinitely for trade secrets.

13. Third-party services

The Service relies on third-party providers such as hosting and scheduling. We are not responsible for their availability or acts, and your use of any integrated third-party service is subject to that provider's terms.

14. Term, termination, and what happens after

These Terms apply while you use the Service. Either party may terminate for material breach not cured within 30 days of written notice; we may terminate immediately for non-payment, an acceptable-use violation, or insolvency. After termination, your license ends, you may export Customer Data for 30 days, and we will delete Customer Data within a reasonable period after that, except as legally required. Sections that should survive (including 3, 9, 10, 11, 12, 15, 16, 17, 18, and 19) survive.

15. Disclaimer of warranties

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ITS OUTPUTS WILL BE ACCURATE, COMPLETE, OR ACCEPTED BY ANY INSURER.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

EACH PARTY'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits do not apply to your payment obligations, a party's indemnification obligations, or liability that cannot be limited by law.

17. Indemnification

We will defend you against third-party claims that the Service itself infringes their intellectual property, and pay resulting costs finally awarded. You will defend us against claims arising from Customer Data, your breach of these Terms, your violation of law, or a claim by one of your customers relating to your use of the Service. The indemnified party must give prompt notice, let the other control the defense, and cooperate.

18. Dispute resolution, arbitration, and class-action waiver

First, let's talk: before starting a formal proceeding, the parties will try in good faith to resolve any dispute informally for 30 days after written notice.

If that fails, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in the State of Delaware, in English. Either party may still seek injunctive relief in court for intellectual-property or confidentiality matters.

YOU AND BLINDSPOT AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

You may opt out of this arbitration and class-waiver section by emailing vraj@byeblindspot.com within 30 days of first accepting these Terms; opting out does not affect any other part of these Terms.

19. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

20. Changes to these Terms

We may update these Terms by posting the new version and giving at least 30 days' notice of material changes by email or in-app. If you object to a material change, your remedy is to stop using the Service and cancel before the change takes effect; continued use after that means you accept the updated Terms. We will not change the arbitration section to your detriment without giving you a renewed chance to opt out.

21. General

You may not assign these Terms without our consent; we may assign them to a successor in a merger or sale. If any provision is unenforceable, the rest remains in effect and the provision is modified to the minimum extent needed. Our failure to enforce a provision is not a waiver. Notices are given by email to the address on your account. These Terms, with any Order and our Privacy Policy and DPA, are the entire agreement and supersede prior understandings. You consent to receive service, billing, security, and legal communications electronically.

22. Contact

Questions about these Terms? Email vraj@byeblindspot.com.