Legal

Terms of Use

Effective Date: December 1, 2025

Please read these Terms of Use carefully before using the AVCAPS platform. By accessing or using our Services, you agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and AVCAPS Inc.

1Acceptance of Terms

These Terms of Use govern your access to and use of the AVCAPS website, applications, and related services provided by AVCAPS Inc., doing business as AVCAPS, together with its affiliates ("AVCAPS," "we," "us," or "our"). By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of a company, repair facility, dealership, MSO, or other entity, you represent that you have authority to bind that entity to these Terms.

2The Services

AVCAPS provides software and related services intended to assist collision repair businesses with intake standardization, photo and document organization, AI-assisted blueprinting support, supplement-risk reduction, workflow prompts, and documentation packaging. AVCAPS is a decision-support and workflow assistance tool. Unless expressly stated in an executed order form or written agreement, AVCAPS is not the customer's estimating system of record, is not an OEM procedure library, is not a parts marketplace or dealer, and is not a universal carrier or DRP submission platform.

3No Replacement of Professional Judgment

AI-generated outputs, prompts, summaries, recommendations, categorizations, or documentation packages may contain errors, omissions, or incorrect inferences. You are solely responsible for reviewing, validating, editing, and approving all outputs before relying on them for repair planning, estimate preparation, parts ordering, OEM procedure compliance, customer communications, insurer communications, or repairs. Safe and proper repair decisions remain the responsibility of qualified personnel at your organization.

4Third-Party Systems and Integrations

The Services may interoperate with third-party estimating systems, repair workflow tools, storage providers, OEM research sources, communications services, analytics tools, payment processors, and other third-party products. Any such interoperability may depend on third-party availability, permissions, APIs, data standards, customer configuration, and separate agreements with those third parties. Unless AVCAPS expressly states otherwise in writing, references to third-party systems, logos, or workflows do not by themselves mean that AVCAPS is endorsed by, sponsored by, certified by, or formally partnered with that third party. Third-party services are governed by the third party's own terms and privacy practices.

5Customer Accounts and Access

You must provide accurate account information and keep your credentials secure. You are responsible for all activity under your accounts, including activity by employees, contractors, or other users you authorize. You must promptly notify AVCAPS of any suspected unauthorized access or security incident involving your account.

6Customer Data

You retain ownership of the data, documents, images, and other content you submit to the Services ("Customer Data"). You grant AVCAPS a limited, non-exclusive right to host, process, transmit, display, and use Customer Data solely to provide, secure, support, maintain, and improve the Services, and as otherwise described in the Privacy Policy and any written agreement with you. You represent that you have all rights and permissions needed to provide Customer Data to AVCAPS and to authorize AVCAPS to process it under these Terms.

7Confidentiality and Sensitive Information

You will not use the Services to upload information that you are prohibited from sharing with AVCAPS. If your Customer Data includes claim information, VINs, customer contact details, vehicle photos, insurer correspondence, or other sensitive business records, you remain responsible for determining whether that information may lawfully be uploaded and processed. Each party will protect the other party's non-public confidential information using reasonable safeguards and will use it only as permitted under these Terms or a written agreement.

8Acceptable Use

You may not use the Services to violate law, infringe intellectual property or privacy rights, submit deceptive or fraudulent claims, attempt to gain unauthorized access, interfere with the operation or security of the Services, reverse engineer the Services except to the extent prohibited by law, upload malware, or use the Services to build or train a competing product using AVCAPS's non-public features or outputs.

9Marketing, Testimonials, and Public Statements

If you provide testimonials, reviews, logos, or case-study information to AVCAPS, you represent that the statements are truthful and accurate to the best of your knowledge. AVCAPS may not use your name, logo, or statements in public marketing materials without your permission, except as stated in a written agreement. Any public performance claims, testimonial claims, or case studies are subject to applicable advertising laws and may be limited, updated, or removed by AVCAPS.

10Fees and Payment

Fees, billing frequency, implementation charges, trial terms, and renewal terms, if any, will be stated in an order form, pricing page, invoice, or separate written agreement. Unless otherwise agreed in writing, fees are non-refundable once the applicable subscription period begins. Late payments may result in suspension of access.

11Beta Features and Roadmap

AVCAPS may offer alpha, beta, pilot, early access, or preview features. Such features may be incomplete, may change materially, may be discontinued at any time, and may be subject to additional terms. Statements about product roadmap or future features are for informational purposes only and are not binding commitments.

12Intellectual Property

AVCAPS and its licensors retain all rights, title, and interest in the Services, including software, workflows, models, interfaces, documentation, site content, and aggregated or de-identified analytics that do not identify you or your customers. Except for the limited rights expressly granted under these Terms, no rights are transferred to you.

13Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis to the fullest extent permitted by law. AVCAPS disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, or that outputs will be accurate, complete, accepted by any insurer, or compliant with any OEM, DRP, certification, or regulatory requirement.

14No Guarantee of Claim or Repair Outcome

AVCAPS does not guarantee estimate accuracy, claim approval, supplement acceptance, insurer payment, payment timing, parts availability, parts pricing, OEM parts eligibility, cycle time, repair outcome, repair completeness, or certification compliance. Any examples, estimates, projections, or workflow suggestions are illustrative unless expressly stated otherwise in a signed written agreement.

15Limitation of Liability

To the fullest extent permitted by law, AVCAPS and its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, business opportunity, or business interruption, arising out of or related to the Services, even if advised of the possibility of such damages. To the fullest extent permitted by law, AVCAPS's aggregate liability for all claims arising out of or related to the Services will not exceed the amount paid by you to AVCAPS for the Services during the twelve months preceding the event giving rise to the claim.

16Indemnification

You will defend, indemnify, and hold harmless AVCAPS and its affiliates, officers, employees, and agents from and against claims, damages, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your Customer Data, your use of the Services, your violation of these Terms, or your violation of applicable law or third-party rights.

17Suspension and Termination

AVCAPS may suspend or terminate access to the Services if you violate these Terms, create security risk, fail to pay applicable fees, or if AVCAPS reasonably believes suspension is necessary to protect the Services, AVCAPS, or other users. You may stop using the Services at any time, subject to any minimum term or payment obligations in an applicable order form.

18Changes to the Services or Terms

AVCAPS may modify the Services and these Terms from time to time. We will post the updated version on our website and update the effective date. Material changes will be effective on the date stated in the updated Terms or as otherwise required by law.

19Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. The exclusive venue for disputes arising from these Terms will be the state or federal courts located in Orange County, CA, unless applicable law requires otherwise.

20Contact Information

AVCAPS Inc.

19200 Von Karman Avenue Suite 400

Irvine, CA 92612

Email: [email protected]