1. Acceptance of Terms
By accessing, browsing, or using the websites and applications provided by Breakdown Analytics LLC ("Company", "we", "us"), including rosearch.io (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service. You represent that you are at least 18 years old and have the legal authority to bind the business entity (e.g., the auto shop) on whose behalf you are using the Service.
Electronic Agreement: Your action of clicking "I Agree" or "Sign Up" constitutes a binding electronic signature and creates a valid legal contract under the Arizona Electronic Transactions Act (A.R.S. § 44-7007).
2. Description of Services & Beta Disclaimer
2.1 The Service: ROSearch is a specialized search engine tool designed to integrate with the Tekmetric API to index and retrieve Repair Order data for the purpose of assisting Service Advisors.
2.2 Beta Status: You acknowledge and agree that the Service is currently in a "Beta" release phase. This means the Service is experimental and may contain bugs, errors, inconsistencies, and incomplete features. Features may be added, modified, or removed without notice.
2.3 No Warranty: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BREAKDOWN ANALYTICS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
3. User Accounts & Security
- Registration: You agree to provide accurate, current, and complete information during the registration process.
- Credentials: You are responsible for safeguarding your password and login credentials. You agree not to disclose your password to any third party. You are fully responsible and liable for any activities or actions taken under your account, whether or not you have authorized such activities.
- Notification: You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4. Acceptable Use & Anti-Scraping
You agree NOT to engage in any of the following prohibited activities:
- Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or derive the source code of the Service.
- Scraping: Using any robot, spider, scraper, or other automated means to access the Service or extract data for any purpose without our express written permission.
- Competition: Using the Service to build a competitive product or service.
- Malware: Uploading or transmitting viruses, malware, or other malicious code.
5. Intellectual Property
- Company IP: Breakdown Analytics LLC retains all rights, title, and interest in and to the Service, including the "ROsearch" brand, the underlying software code, algorithms, and the "gritty/comic" visual aesthetic.
- User Data: You retain full ownership of the data you submit or sync to the Service ("Shop Data").
- License Grant: You grant Breakdown Analytics LLC a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your Shop Data solely for the purpose of providing, maintaining, and improving the Service for you.
6. Integration with Tekmetric
The Service relies on integration with the Tekmetric platform. Breakdown Analytics LLC is an independent entity and is not affiliated with Tekmetric.
- Dependency: You acknowledge that the availability and functionality of the Service depend on the continued availability of the Tekmetric API. If Tekmetric revokes access, changes its API, or experiences downtime, the Service may be interrupted.
- Disclaimer: Breakdowns, data errors, or interruptions caused by Tekmetric or its API are NOT a breach of these Terms by Breakdown Analytics LLC. We are not responsible for the accuracy of data as received from the Tekmetric API.
7. Subscription & Payment
- Fees: Subscription fees (targeted at approximately $100/month) are billed in advance on a monthly basis.
- Cancellation: You may cancel your subscription at any time via your account settings. Cancellation will take effect at the end of the current billing period. There are no refunds for partial months of service.
- Price Changes: We reserve the right to modify subscription fees. We will provide you with at least 30 days' notice of any price change. Continued use of the Service after the price change becomes effective constitutes your agreement to pay the modified amount.
8. Limitation of Liability
CRITICAL CLAUSE:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING ARIZONA LAW), IN NO EVENT SHALL BREAKDOWN ANALYTICS LLC, ITS MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
Cap on Damages: IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BREAKDOWN ANALYTICS LLC EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE PAST SIX (6) MONTHS.
9. Indemnification
You agree to defend, indemnify, and hold harmless Breakdown Analytics LLC, its managers, members, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; or (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right.
10. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
11. Dispute Resolution & Governing Law
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.
- Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Phoenix, Arizona. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Waiver of Jury Trial: YOU AND BREAKDOWN ANALYTICS LLC AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice via email or a prominent notice on the Service prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
13. Contact Information
Breakdown Analytics LLC
Email:
support@breakdownanalytics.com