Terms of Service

01. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between Batters Technology LLC d/b/a eTX ImpaXt ("Company," "we," "us," or "our"), a Texas limited liability company, and the business entity or individual ("Customer," "you," or "your") that accesses or uses the eTX ImpaXt software platform and related services (collectively, the "Services").

By clicking "I Agree," executing an Order Form, or otherwise accessing the Services, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity.

02. Service Description

eTX ImpaXt provides an AI-powered software platform purpose-built for the automotive collision industry. The Services include, but are not limited to:

• Computer Vision Damage Assessment - AI-driven analysis of vehicle damage from photographs
• Collision Estimate Automation - Generation of repair estimates from photos and VIN data
• Mobile Jumpstart & Lead Capture - 24/7 automated intake for customer inquiries
• Fraud Detection - Pattern recognition and anomaly flagging for claims and estimates
• OEM Parts Identification - AI-assisted matching of original equipment manufacturer parts
• Insurance Claim Routing & Documentation - Automated supplement packet generation and claim routing
• API Access - Programmatic access to core platform capabilities

We reserve the right to modify, enhance, or discontinue any feature of the Services upon reasonable notice. Material changes to core functionality will be communicated at least thirty (30) days in advance.

03. Eligibility & Account Registration

The Services are intended for business use only. To use the Services, you must:

• Be a legally registered business entity or a sole proprietor operating a legitimate automotive collision, repair, or related business;
• Be at least 18 years of age;
• Provide accurate, complete, and current account registration information; and
• Maintain the security of your account credentials.

You are responsible for all activity that occurs under your account. Notify us immediately at samuel@etximpaxt.com if you suspect unauthorized access.

04. Subscription & Payment Terms

Access to the Services is provided on a subscription basis as set forth in your applicable Order Form or pricing plan ("Subscription").

• Billing Cycle: Subscriptions are billed monthly or annually in advance, as selected at sign-up.
• Payment: All fees are due in U.S. dollars. We accept major credit cards and ACH bank transfers. You authorize us to charge your payment method on file on each renewal date.
• Auto-Renewal: Subscriptions renew automatically unless cancelled at least five (5) business days before the renewal date.
• Price Changes: We will provide at least thirty (30) days' notice of any price changes. Continued use after the effective date constitutes acceptance.
• Taxes: Fees are exclusive of applicable taxes. You are responsible for all sales, use, and similar taxes.
• Late Payments: Overdue amounts accrue interest at 1.5% per month (or the maximum rate permitted by law). We may suspend Services after ten (10) days of non-payment.
• Refunds: Subscription fees are non-refundable except as required by applicable law or as expressly stated in your Order Form.

05. Data Processing & Privacy

By using the Services, you acknowledge and agree to our data practices as follows:

• Customer Data: You retain all rights to data you submit to the Services ("Customer Data"). We process Customer Data solely to provide the Services and as described in our Privacy Policy.
• Data Processing Agreement: To the extent your use of the Services involves personal data of individuals in jurisdictions requiring a data processing agreement (including CCPA and applicable state laws), our standard DPA is incorporated into and made part of these Terms. Contact us to execute a signed copy.
• Vehicle & Damage Images: Images uploaded for damage assessment are processed by our AI models. We do not share identifiable vehicle or customer images with third parties except as necessary to provide the Services.
• Aggregated Analytics: We may use de-identified, aggregated data derived from your use of the Services to improve our AI models and platform performance. No Customer Data is identifiable in such aggregated data.
• Security: We implement industry-standard technical and organizational measures to protect Customer Data. Details are available in our Security documentation.
• Retention: We retain Customer Data for the duration of your Subscription plus ninety (90) days, after which it is deleted or anonymized unless required by law.

06. API Usage

If your Subscription includes API access:

• Rate Limits: API usage is subject to the rate limits specified in your Order Form or the current API documentation. Exceeding rate limits may result in throttling or temporary suspension of API access.
• Authentication: You are responsible for securing your API keys. Do not share API keys publicly or embed them in client-side code.
• Permitted Use: APIs may only be used to integrate eTX ImpaXt functionality into your own internal business applications or authorized partner integrations. Reselling or sublicensing API access is prohibited without written consent.
• Versioning: We will maintain API compatibility for a minimum of twelve (12) months following notice of a deprecated version.

07. Intellectual Property

Our IP: The Services, including all software, AI models, algorithms, interfaces, documentation, and proprietary methodologies, are owned by Batters Technology LLC or its licensors and are protected by U.S. and international intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Services during your Subscription term solely for your internal business operations.

Your IP: You retain all ownership of Customer Data. By submitting Customer Data, you grant us a limited license to use it solely to provide and improve the Services as described herein.

Feedback: If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant us a royalty-free, worldwide, perpetual license to incorporate that Feedback into the Services without obligation to you.

Restrictions: You may not: (a) reverse engineer, decompile, or disassemble the Services; (b) copy, modify, or create derivative works of the Services; (c) remove proprietary notices; (d) use the Services to build a competing product; or (e) attempt to access non-public areas of our systems.

08. User Responsibilities & Acceptable Use

You agree to use the Services only for lawful business purposes and in compliance with all applicable laws and regulations, including those governing the automotive repair industry, insurance claims, and consumer protection. You agree not to:

• Submit false, fraudulent, or misleading data, estimates, or claims;
• Use the Services to facilitate insurance fraud or any criminal activity;
• Circumvent, disable, or interfere with security features of the Services;
• Upload malicious code, viruses, or harmful content;
• Attempt to gain unauthorized access to other customers' data or our systems;
• Use the Services in any manner that could damage, disable, or impair our infrastructure;
• Scrape, crawl, or systematically extract data from the Services beyond what your API plan permits;
• Use the Services to send unsolicited commercial communications.

Violation of this section may result in immediate suspension or termination of your account without refund.

09. Digital Millennium Copyright Act (DMCA)

We respect intellectual property rights. If you believe content available through the Services infringes your copyright, please send a written DMCA notice to our designated agent containing:

1. Your physical or electronic signature;
2. Identification of the copyrighted work claimed to be infringed;
3. Identification of the material claimed to be infringing and its location on our Services;
4. Your contact information;
5. A statement of good faith belief that the use is not authorized; and
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

DMCA Agent:
Batters Technology LLC - DMCA Agent
Email: samuel@etximpaxt.com

Counter-notices and repeat infringer policies are handled in accordance with the DMCA, 17 U.S.C. § 512.

10. Uptime & Service Level Agreement

We target a monthly uptime of 99.5% for the core platform, excluding scheduled maintenance windows (announced at least 24 hours in advance) and events beyond our reasonable control.

• Scheduled Maintenance: We perform routine maintenance during off-peak hours (Sunday 2:00-6:00 AM Central Time) when possible.
• Incident Communication: Service disruptions are reported at our status page. Customers may subscribe to status notifications.
• Credits: In the event monthly uptime falls below 99.5%, eligible customers may request a service credit equal to a pro-rated portion of monthly fees for the affected period. Credits are the sole remedy for uptime failures and do not apply to scheduled maintenance, beta features, or free tiers.
• AI Model Output: AI-generated assessments and estimates are provided as decision-support tools. We do not guarantee the accuracy of AI outputs, and you are responsible for reviewing and validating all outputs before use.

11. Limitation of Liability

DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF AI-GENERATED OUTPUTS.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BATTERS TECHNOLOGY LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE FEES YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless Batters Technology LLC and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property rights; (d) any Customer Data you submit; or (e) your violation of applicable law.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

13. Termination

By You: You may cancel your Subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. No refunds are issued for unused time in a prepaid period.

By Us: We may suspend or terminate your access to the Services immediately, without notice or liability, if you breach these Terms, fail to pay fees, engage in conduct harmful to other users or our systems, or if we are required to do so by law.

Effect of Termination: Upon termination, your right to access the Services ceases. We will provide you a thirty (30)-day window to export your Customer Data via account settings or by written request. After that window, Customer Data will be deleted in accordance with Section 5.

Sections 7 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), and 15 (Governing Law) survive termination.

14. Dispute Resolution & Arbitration

Informal Resolution: Before initiating formal proceedings, you agree to contact us at samuel@etximpaxt.com and attempt to resolve any dispute informally for at least thirty (30) days.

Binding Arbitration: If a dispute cannot be resolved informally, all disputes, claims, or controversies arising out of or relating to these Terms or the Services shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in Longview, Texas (or via videoconference by mutual agreement). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: TO THE EXTENT PERMITTED BY LAW, YOU AND BATTERS TECHNOLOGY LLC WAIVE THE RIGHT TO PARTICIPATE AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

Exceptions: Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims of $10,000 or less may be brought in small claims court in lieu of arbitration.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Gregg County, Texas.

16. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email (to the address on your account) or a prominent notice within the platform at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

We maintain a revision history and prior versions of these Terms are available upon written request.