Version 2026.08 Last Updated: August 2026 Effective Date: Date of Electronic Acceptance
These Terms of Service ("Terms") are a legally binding agreement between you ("User," "you," or "your") and BC3D Agency LLC, doing business as pdrOS ("BC3D," "Company," "we," "us," or "our"), located at 1320 Lake St., Fort Worth, Texas 76101, governing your access to and use of the pdrOS platform, including all related websites, applications, software, systems, dashboards, automations, integrations, communication tools, storage features, APIs, documentation, and services, whether paid, free, trial, beta, or otherwise made available by BC3D (collectively, the "Services").
By accessing, using, or continuing to use the Services, creating an account, clicking to accept these Terms, purchasing or renewing a subscription, accessing a free or trial version, or otherwise using any part of the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have authority to bind that entity, and "you" includes that entity.
If you do not agree to these Terms, you must immediately discontinue use of the Services.
The following definitions apply throughout these Terms:
pdrOS is a digital operations platform designed for paintless dent repair ("PDR") businesses and related service businesses. The Services may include, without limitation, customer relationship management functionality, workflow automation, customer communication tools, email and SMS messaging, scheduling, document and media storage, reporting, integrations, artificial intelligence or automation-assisted features, business operations tools, and related services.
BC3D may modify, update, improve, suspend, limit, replace, discontinue, or remove any aspect of the Services at any time, with or without notice, and without liability to you except as expressly provided in Section 31.3, including features, functionality, integrations, pricing, plans, usage limits, storage limits, support options, communication tools, and third-party service connections.
The Services may evolve over time. BC3D does not guarantee that any specific feature, integration, workflow, automation, report, data field, interface, or functionality will remain available indefinitely. Access to features not expressly specified in a signed Order Form is provided at BC3D's discretion and may be modified or withdrawn at any time.
You must be at least eighteen (18) years old and capable of forming a legally binding agreement to use the Services.
You may use the Services only for lawful business purposes and only in accordance with these Terms and all applicable laws, rules, and regulations.
You may not use the Services if you are prohibited from doing so under applicable law, if your account has previously been suspended or terminated by BC3D, or if BC3D determines, in its sole discretion, that your use presents legal, security, reputational, operational, competitive, or commercial risk to BC3D or the Services.
To access certain Services, you may be required to create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality and security of your account credentials, all activity occurring under your account whether authorized by you or not, ensuring that all Authorized Users accessing the Services through your account comply with these Terms, maintaining accurate billing, contact, and business information, and promptly notifying BC3D of unauthorized access, suspected compromise, or security concerns.
Access to the Services is limited to Authorized Users who: (a) have a genuine need to access the Services for your internal business purposes; (b) have been authorized by you through the account administration tools BC3D provides; and (c) have agreed to be bound by these Terms.
Each Authorized User must use their own unique credentials. Sharing, transferring, selling, or pooling credentials among Authorized Users, between Authorized Users and non-Authorized Users, or with any third party is prohibited.
You are solely responsible for all acts and omissions of each Authorized User, all activity occurring under any credential associated with your account, and all consequences of credential compromise. You must promptly disable credentials, remove access, or change credentials for any Authorized User who leaves your organization, no longer requires access, has been terminated, or whose access is otherwise no longer appropriate.
Authorized Users must be natural persons. Use of bots, scripts, headless browsers, or automated agents that impersonate users or replicate user activity is prohibited without BC3D's prior written authorization. AI Agents provided by BC3D as part of the Services (Section 14) are not Authorized Users and are not subject to this Section 4.5.
The number of Authorized Users permitted under your subscription is governed by Section 45.6. BC3D may, at its discretion and subject to Section 45.6(b), limit the number of Authorized Users, charge per-seat fees, impose per-user usage limits, require identity verification, or require additional information about Authorized Users.
BC3D is not responsible for any loss, damage, liability, claim, data loss, unauthorized communication, transaction, billing event, or other consequence arising from unauthorized use of your account credentials, your failure to secure your systems, or your failure to manage Authorized User access. BC3D may suspend, restrict, or terminate accounts at its sole discretion, including where BC3D suspects unauthorized use, security risk, nonpayment, abuse, violation of these Terms, unlawful activity, or risk to BC3D, the Services, other users, or third parties.
Access to the Services is licensed on a per-Location basis. Section 45 governs the number of Licenses required, how Locations are counted, and the consequences of unlicensed use.
BC3D will notify you when a Deliverable is ready for your review and use, or when an implementation milestone is complete. Notice may be provided by email, dashboard message, support ticket, in-product notification, or any other reasonable method. Where a notice itemizes multiple Deliverables or components, the provisions of this Section 5 apply to each itemized Deliverable or component individually.
You have thirty (30) calendar days from BC3D's notice (the "Acceptance Period") to identify, in writing to michael@bc3d.agency, any specific failure of the Deliverable to materially conform to the written specifications expressly agreed to by BC3D in the applicable Order Form, Statement of Work, or written proposal.
If you do not provide written notice of specific nonconformance within the Acceptance Period, the Deliverable shall be deemed fully accepted, complete, and conforming. All obligations of BC3D with respect to that Deliverable, including any rework, support, or correction obligations, shall be deemed discharged, except as expressly provided in a separate written warranty signed by BC3D.
Any production use of a Deliverable, including transmission of outputs generated by the Deliverable to any third party, shall be deemed acceptance of the Deliverable as conforming, irrespective of the Acceptance Period; provided, however, that use of a Deliverable during the Acceptance Period for testing, evaluation, or a parallel-run period designated by BC3D as part of onboarding does not constitute acceptance under this Section 5.4, and your right to give timely notice of nonconformance under Section 5.2 is preserved during any such designated testing or parallel-run period.
After deemed or actual acceptance, further changes, corrections, enhancements, or modifications to the Deliverable are subject to BC3D's then-current rates and require a written Change Order before work begins. For clarity, improvements that BC3D elects to make to the platform generally for its customers are not Change Orders and are provided at no additional charge; customer-specific customizations, configurations, and scope changes require a Change Order.
Acceptance of a Deliverable does not warrant that the Deliverable will operate without defect in perpetuity. Ongoing platform availability and operation are governed by Sections 23 and 28.
Acceptance (including deemed acceptance) of a Deliverable under this Section 5 does not affect, condition, or waive your rights under Section 6.12.
The Services may be offered through free plans, trial plans, monthly subscriptions, annual subscriptions, usage-based plans, custom plans, enterprise plans, add-ons, setup services, implementation services, messaging services, storage, integrations, and other paid or unpaid offerings. Plan features, usage limits, included functionality, support levels, storage amounts, message allowances, automation limits, integrations, and pricing may vary by plan and may change over time. Unless otherwise stated in a separate written agreement signed by BC3D, all subscriptions automatically renew until canceled in accordance with these Terms. Unless expressly stated otherwise in a signed Order Form, all plans, subscriptions, setup fees, and Modules are priced and sold per Licensed Location as provided in Section 45.
Certain plans, onboarding packages, implementation packages, custom configurations, data migration projects, or service levels may require a one-time setup fee. Unless otherwise stated at checkout or in an Order Form, where a setup fee applies it is billed upon signup and recurring subscription billing begins the following month. All setup fees are: (a) non-refundable except as expressly provided in Section 6.12 or as otherwise expressly committed by BC3D in writing; (b) deemed fully earned upon payment, subject to Section 6.12; (c) not contingent upon your level of use, implementation progress, business results, adoption, or continued use of the Services; and (d) separate from recurring subscription fees, usage-based fees, messaging fees, third-party charges, taxes, and other amounts due.
Subscriptions are billed on a recurring basis, typically monthly, unless otherwise stated at checkout, in an Order Form, invoice, subscription page, or written agreement. You authorize BC3D to charge your payment method on a recurring basis for all applicable subscription fees until you cancel. You may cancel your subscription at any time with no penalty, subject to these Terms. Unless otherwise required by law or expressly agreed in writing by BC3D: (a) no refunds or credits will be issued for partial billing periods; (b) cancellation will not relieve you of amounts already incurred; (c) fees already paid are non-refundable except as provided in Section 6.12 and Section 31.3; (d) access may continue through the end of the then-current paid billing period, unless the account is terminated or suspended for cause; and (e) BC3D may immediately suspend or terminate access for nonpayment, chargebacks, fraud risk, abuse, or violation of these Terms.
You agree to pay all usage-based fees incurred under your account, including SMS charges, email charges, communication fees, storage overages, automation usage, integration usage, API usage, AI usage, voice and calling usage, carrier fees, regulatory fees, pass-through costs, and other metered or usage-based charges made available through the Services, in each case at the applicable Posted Rates or the rates stated in the applicable Module Agreement or Order Form.
SMS messaging. For SMS messaging, you agree to pay the Posted SMS Rate per message segment, which is $0.03 per message segment as of Version 2026.08 of these Terms. A "message segment" is the industry-standard unit of SMS transmission: messages using the GSM-7 character set are divided into segments of 160 characters (153 characters per segment when a message spans multiple segments), and messages containing Unicode characters (including emoji and certain punctuation) are divided into segments of 70 characters (67 characters per segment when a message spans multiple segments). A single visible message may therefore bill as multiple segments. Segment counts are determined by the metering of BC3D's messaging providers and are binding absent manifest error. Both outbound and inbound SMS segments may be billed at the Posted SMS Rate. MMS messages may be billed at the Posted MMS Rate. Segments are billed when submitted for delivery; carrier filtering, blocking, delay, or non-delivery does not entitle you to a refund or credit (see Section 20). Carrier surcharges, 10DLC/A2P registration and campaign fees, and regulatory pass-through charges are additional and are billed at cost or at Posted Rates.
Voice and AI usage. Voice calling and AI-based usage (including per-minute rates for AI calling modules) is billed at the Posted Rates or as specified in the applicable Module Schedule, Module Agreement, or Order Form, which will specify billing increments and the treatment of hold time, queue time, connection attempts, and concurrent sessions.
You are solely responsible for all messaging and usage charges incurred under your account, including charges caused by your Authorized Users, AI Agents you have enabled, automations, campaigns, reminders, workflows, imports, integrations, or unauthorized access resulting from your failure to secure your account.
BC3D reserves the right to modify pricing at any time, including subscription fees, usage-based fees, SMS rates, messaging fees, add-on fees, storage fees, overage fees, implementation fees, support fees, carrier-related fees, third-party provider fees, discounts, plan structures, included features, usage limits, billing methods, or any other pricing terms. Unless otherwise stated, changes to recurring subscription fees will become effective at the start of the next billing period or renewal term after notice is provided. Usage-based fees, SMS charges, carrier fees, third-party provider fees, regulatory charges, taxes, surcharges, and pass-through costs may change immediately or as soon as such charges are imposed on or incurred by BC3D, and are reflected in the Posted Rates. For usage-based fees that change immediately, BC3D will reflect the new rate on the next applicable invoice or dashboard usage report. Notice of pricing changes may be provided by email, dashboard notification, in-product notice, invoice, pricing page, website posting, account notice, Order Form, or other reasonable method. Your continued use of the Services after the effective date of a pricing change constitutes acceptance of the changed pricing. If you do not agree to a pricing change, your sole remedy is to cancel your subscription before the effective date of the change.
You authorize BC3D and its payment processors to charge your payment method for all applicable fees, including recurring subscription fees, setup fees, usage-based fees, SMS charges, messaging fees, overages, add-ons, taxes, surcharges, pass-through costs, and any other amounts due under these Terms. You represent and warrant that you are authorized to use the payment method provided and that the payment information you provide is accurate and current. You agree to promptly update expired, invalid, declined, or changed payment information.
Fees are exclusive of all taxes, levies, duties, assessments, governmental charges, regulatory fees, carrier surcharges, and similar amounts, unless expressly stated otherwise. You are responsible for all applicable taxes and charges arising from your purchase or use of the Services, other than taxes based solely on BC3D's net income. BC3D may collect taxes where required or permitted. If BC3D does not collect a required tax, you remain responsible for paying it.
If your payment method is declined, expired, invalid, disputed, reversed, or otherwise fails, BC3D may retry payment, suspend access, downgrade functionality, restrict messaging, pause automations, disable exports, terminate your account, or require payment by an alternative method. Amounts not paid when due may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum amount permitted by law. You are responsible for all reasonable costs of collection, including attorneys' fees, collection agency fees, court costs, arbitration costs, and related expenses.
Except as expressly provided in Section 6.12 or Section 31.3, expressly required by law, or expressly agreed in writing by BC3D, all fees are non-refundable. This includes setup fees (after the Guarantee Period defined in Section 6.12), subscription fees, SMS charges, usage-based fees, add-on fees, custom work fees, implementation fees, migration fees, overages, taxes, third-party charges, and partial billing periods. BC3D may, in its sole discretion, issue credits, discounts, refunds, or accommodations in particular circumstances. Any such accommodation is voluntary and does not create an obligation to provide similar treatment in the future.
If you initiate a chargeback, payment dispute, reversal, or similar action, BC3D may immediately suspend or terminate your account and access to the Services. You agree to contact BC3D before initiating a payment dispute so that BC3D has an opportunity to address the issue. You remain responsible for all amounts validly incurred under your account, including disputed amounts that are resolved in BC3D's favor, chargeback fees, processor fees, collection costs, and attorneys' fees.
BC3D may offer promotional pricing, discounts, free trials, beta access, or special terms at its sole discretion. Unless expressly stated otherwise, promotions, discounts, and trials are temporary, non-transferable, may be modified or discontinued at any time, and apply only for the period specified. After a trial or promotional period ends, your subscription may automatically convert to a paid subscription at the then-current applicable rate unless you cancel before the conversion date. The conversion date, the amount to be charged upon conversion, and the method of cancellation will be disclosed at or before the time you begin the trial or promotional period.
For first-time pdrOS customers, BC3D offers a thirty (30) day money-back guarantee on the one-time platform setup fee, on the following terms:
(a) Scope. The guarantee applies to the one-time setup fee for your initial pdrOS platform implementation only. It does not apply to recurring subscription fees, usage-based fees (including SMS and voice usage), add-on module fees or module implementation fees (unless expressly stated in the applicable Module Schedule, Module Agreement, or Order Form), taxes, or third-party charges.
(b) Guarantee Period. The guarantee period begins on the date your setup fee payment is received and ends thirty (30) calendar days later (the "Guarantee Period").
(c) How to claim. To claim the guarantee, you must send a written refund request from your account email to michael@bc3d.agency before the end of the Guarantee Period. No reason is required.
(d) Effect. Upon a valid claim, BC3D will refund the setup fee in full to your original payment method within a commercially reasonable time, your account and the applicable Order Form will terminate, your access to the Services will end, and your data will be handled in accordance with Section 7. You remain responsible for usage-based fees incurred before termination.
(e) One per customer. The guarantee is available once per customer (including affiliates and successor entities of the same business).
(f) Exclusive remedy. This guarantee is your sole and exclusive refund remedy with respect to the setup fee, and after the Guarantee Period ends the setup fee is non-refundable as provided in Section 6.2. Nothing in this Section limits Section 31.3 or any refund BC3D expressly commits to in writing.
You may cancel your subscription at any time using the cancellation method made available by BC3D or by contacting BC3D through the contact information provided in these Terms. Cancellation becomes effective at the end of the then-current billing period unless BC3D states otherwise or terminates access earlier for cause.
During any active paid subscription in good standing, you may export your User Data at any time, at no additional charge, using the self-service export tools made available in your account dashboard, in formats determined by BC3D (typically CSV or JSON). BC3D has no obligation to provide custom export services, professional services, or export assistance beyond the self-service tools. Export tooling remains subject to the anti-abuse provisions of Section 17 (including throttling of abnormal, automated, or abusive bulk export activity), which do not limit your right under this Section to obtain a complete export of your User Data during an active subscription in good standing.
Upon cancellation of a paid subscription: (a) your User Data will be retained for six (6) months following the effective date of cancellation (the "Retention Period"); (b) if your account was in good standing at cancellation, the self-service export tools will remain available to you during the Retention Period; (c) after the Retention Period, all data may be permanently deleted and unrecoverable; (d) you are solely responsible for exporting your data before deletion; (e) BC3D is not liable for data loss, deletion, inability to export, expired retention periods, or failure to preserve data after the Retention Period; and (f) cancellation does not relieve you of payment obligations incurred before cancellation.
If your account is terminated or suspended by BC3D for cause under these Terms (including nonpayment, chargeback, fraud, abuse, unlawful activity, or material violation of these Terms), BC3D may condition, restrict, or deny data export as provided in Section 17, and the export commitments in Sections 7.2 and 7.3(b) do not apply. Retention and deletion of data following termination are otherwise governed by this Section 7.
Downgrading your account may result in loss of features, capacity, functionality, support, storage, automations, integrations, users, reports, data access, or other account capabilities. BC3D is not liable for any loss or consequence resulting from a downgrade. BC3D may retain data as necessary to comply with legal obligations, resolve disputes, enforce agreements, maintain security, prevent fraud, or as otherwise described in the Privacy Policy.
The pdrOS Lite version and any free, unpaid, trial, beta, evaluation, or promotional access are provided free of charge, AS IS, AS AVAILABLE, and without warranties of any kind. You acknowledge and agree that: (a) BC3D may suspend, restrict, modify, downgrade, or terminate Lite, free, trial, beta, or promotional accounts at any time, for any reason or no reason; (b) BC3D may delete all such account data at any time, with or without notice; (c) no uptime, support, performance, storage, export, messaging, integration, or data retention guarantees are provided; (d) features may be limited, changed, or removed at any time; and (e) free, Lite, trial, beta, and promotional versions are not suitable for production-critical use or any use where failure could result in loss, damage, or harm, and you agree not to use them for any such purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE ANY AND ALL CLAIMS ARISING FROM YOUR USE OF ANY LITE, FREE, TRIAL, BETA, EVALUATION, OR PROMOTIONAL VERSION OF THE SERVICES, INCLUDING CLAIMS ARISING FROM BC3D'S OWN NEGLIGENCE. THIS WAIVER DOES NOT EXTEND TO LIABILITY THAT CANNOT BE WAIVED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL FRAUD, OR WILLFUL MISCONDUCT. BC3D'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM LITE, FREE, TRIAL, BETA, EVALUATION, OR PROMOTIONAL ACCESS IS FURTHER LIMITED AS PROVIDED IN SECTION 29.
The Services may generate, display, or facilitate the creation of invoices, receipts, billing documents, rental day calculations, charge summaries, sums, totals, commissions, payment records, insurance billing documents, supplements, repair estimates, reports, customer-facing communications, AI-generated messages, automation outputs, and similar materials (collectively, "Generated Outputs").
You are solely responsible for reviewing, verifying, correcting, and approving all Generated Outputs before they are sent, transmitted, presented, shared, or otherwise used in any communication with a customer, insurance carrier, payor, third-party administrator, regulator, vendor, employee, contractor, or any other third party. The Services include multiple manual review points specifically to enable this verification. Your election to transmit a Generated Output constitutes your representation that you have reviewed and approved its accuracy. Where you have enabled autonomous transmission by an AI Agent (Section 14), your enablement and configuration of the AI Agent constitutes your election to transmit for purposes of this Section 9, and the review obligations of this Section are discharged in the manner described in Section 14.3.
BC3D makes no representation, warranty, or guarantee that any Generated Output is accurate, complete, properly calculated, correctly summed, free from duplication, free from error, or suitable for any particular purpose, including insurance billing, tax reporting, customer billing, payroll, regulatory submission, or any other use. Generated Outputs may contain errors caused by data input, configuration choices, integration issues, edge cases, software defects, third-party data, AI behavior, or other factors.
You are solely responsible for all amounts billed, invoiced, charged, refunded, credited, represented, or claimed in any Generated Output that you transmit (or that an AI Agent you have enabled transmits) to any third party, and for all consequences arising therefrom, including without limitation disputes, chargebacks, refusals to pay, audits, investigations, fraud allegations, regulatory inquiries, customer complaints, license actions, criminal proceedings, and civil litigation.
Except as required by valid legal process from a court or government agency of competent jurisdiction, BC3D will not provide written or verbal statements, letters, declarations, affidavits, certifications, testimony, or expert opinions to your customers, insurance carriers, payors, third-party administrators, regulators, auditors, attorneys, or any other third party regarding your billing practices, business operations, account activity, User Data, calculations, communications, transmissions, or representations to third parties. Any such statement, if provided, shall be at BC3D's sole discretion and shall not constitute a warranty, admission, or basis for any claim.
You agree to indemnify, defend, and hold harmless BC3D in accordance with Section 30 against any claim, demand, proceeding, or liability arising from the transmission of any Generated Output to any third party by you, your Authorized Users, or any AI Agent you have enabled, including without limitation claims of incorrect billing, overbilling, underbilling, double billing, fraud, misrepresentation, breach of contract with any third party, regulatory violation, or insurance billing impropriety.
From time to time, BC3D may, at its sole discretion and at no charge, investigate, address, or remediate issues observed in the Services. Such activity is provided solely as platform stewardship and does not: (a) constitute acceptance of responsibility for any error; (b) constitute an admission of fault; (c) waive any provision of these Terms; (d) modify the allocation of responsibility set forth in Sections 9.2 and 9.4; or (e) create any obligation to provide similar activity in the future.
All intellectual property rights in and to the Services are owned exclusively by BC3D or its licensors. This includes, without limitation, all software, systems, code, dashboards, interfaces, workflows, automations, templates, designs, layouts, databases, schemas, logic, algorithms, processes, documentation, visual elements, content, reports, analytics, know-how, trade secrets, business methods, operational structures, and underlying technology.
Subject to your compliance with these Terms and payment of all applicable fees, BC3D grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes. You may not copy, modify, reproduce, distribute, sell, sublicense, exploit, reverse engineer, decompile, disassemble, access, or use the Services except as expressly permitted by these Terms. No rights are granted except as expressly stated in these Terms. BC3D reserves all rights not expressly granted.
BC3D respects intellectual property rights and expects users of the Services to do the same. If you believe that material stored or displayed through the Services infringes your copyright, you may send a notification under the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"), to BC3D's Designated Agent:
BC3D Agency LLC — Attn: Copyright Agent 1320 Lake St., Fort Worth, Texas 76101 Email: michael@bc3d.agency
Your notification must include the elements required by 17 U.S.C. § 512(c)(3), including: identification of the copyrighted work claimed to be infringed; identification of the allegedly infringing material and information reasonably sufficient to locate it; your contact information; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; a statement, under penalty of perjury, that the notification is accurate and that you are authorized to act on behalf of the copyright owner; and your physical or electronic signature.
Upon receipt of a compliant notification, BC3D may remove or disable access to the identified material and will take reasonable steps to notify the user who stored it. A user who believes material was removed by mistake or misidentification may submit a counter-notification meeting the requirements of 17 U.S.C. § 512(g)(3), and BC3D may restore the material as permitted by law. BC3D may terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
You retain ownership of User Data. You are solely responsible for User Data, including its accuracy, legality, reliability, quality, integrity, and appropriateness.
You grant BC3D a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, reproduce, modify, format, analyze, use, and otherwise handle User Data as necessary or useful to: provide, operate, maintain, secure, and support the Services; process transactions, communications, automations, reports, exports, and integrations; troubleshoot, debug, improve, and develop the Services; prevent fraud, abuse, misuse, security incidents, and technical problems; comply with applicable law, legal process, and regulatory obligations; enforce these Terms; and perform other activities described in the Privacy Policy.
You represent and warrant that: you have all rights, licenses, permissions, consents, and legal authority necessary to submit and process User Data through the Services; your User Data does not violate any law, third-party right, privacy right, intellectual property right, contractual obligation, or regulatory requirement; your use of the Services to collect, store, process, or send User Data complies with all applicable laws; and you will not upload or process unlawful, harmful, infringing, deceptive, defamatory, abusive, or unauthorized content.
You may use the Services to store and process the categories of business data the Services are designed for, including customer contact information, vehicle and repair information, insurance claim information, repair intake documentation (including driver's license information collected for repair intake), photos and media, vendor and parts records, and business financial and operational records. You agree not to use the Services to store or process the following ("Prohibited Sensitive Information") unless BC3D has expressly agreed in writing: Social Security numbers or other government identification numbers (other than driver's license information collected for repair intake); full payment card numbers, card verification codes, or bank account credentials (other than through a payment feature BC3D expressly provides through an integrated payment processor); health or medical information subject to HIPAA; biometric identifiers; and information relating to children under thirteen (13).
BC3D may collect, create, use, disclose, and commercialize aggregated, anonymized, or de-identified data derived from use of the Services, provided such data does not identify you or your customers as the source. This data may be used for analytics, benchmarking, product development, performance monitoring, security, reporting, business intelligence, marketing, and improvement of the Services.
AI-based features of the Services process User Data at the time of use in order to generate outputs and take actions for you. BC3D does not use your identifiable User Data to train generalized artificial intelligence or machine learning models made available to other customers, except with your consent or as part of aggregated or de-identified data under Section 12.4. Third-Party Services used to provide AI features process data in accordance with their own terms, as described in Section 20 and the Privacy Policy.
The Services may assist with business workflows, reporting, communications, scheduling, automation, and customer management. You remain solely responsible for reviewing and verifying all data, reports, messages, automations, outputs, recommendations, calculations, and business decisions. BC3D is not responsible for business losses, missed appointments, lost customers, incorrect records, inaccurate reports, failed communications, misdirected messages, automation errors, or decisions made in reliance on the Services. Customer responsibility for Generated Outputs is further addressed in Section 9.
The Services may include or enable artificial intelligence, automation, workflow logic, recommendations, generated content, classification, summaries, messaging assistance, analytics, or other automated functionality. AI, automation, and system-generated outputs may be incomplete, inaccurate, delayed, inappropriate, or unsuitable for your particular use. You are responsible for reviewing all outputs before relying on them, sending them, publishing them, or using them in your business, except as provided in Section 14 for AI Agents you have enabled to operate autonomously.
You agree not to: (a) use the Services, outputs, workflows, prompts, templates, automations, logic, screenshots, system structures, or data to train artificial intelligence or machine learning models that compete with pdrOS or BC3D; (b) extract, copy, map, document, reproduce, or replicate workflows, automation logic, system structures, interfaces, prompts, schemas, processes, or business methods for competitive purposes; (c) use the Services to build, train, support, or assist in developing a competing product, software, automation system, operational platform, CRM, messaging tool, workflow engine, or business; (d) use AI or automated tools to scrape, reverse engineer, clone, or replicate the Services; (e) use exported data, outputs, reports, or configurations to replicate or compete with the Services; or (f) assist any third party in doing any of the foregoing. BC3D may monitor usage patterns, export behavior, integration activity, and system interactions to detect abuse, misuse, competitive replication, security threats, or violations of these Terms.
Certain features and add-on modules of the Services (including, by way of example, AI-based customer communication, insurance claims calling, and operations assistant modules) can communicate with third parties, transmit documents, schedule appointments, modify records, and take other actions on your behalf without per-item human approval (each such feature or module, when so enabled, an "AI Agent").
By enabling an AI Agent, you appoint that AI Agent as your authorized communications and operations agent. All communications sent, documents transmitted, appointments scheduled, records created or modified, tasks assigned, and representations conveyed by an AI Agent operating on your account, your data, and your configuration are your communications, actions, and representations for all purposes under these Terms, including Sections 9, 12, 21, and 30.
Where you enable an AI Agent to operate autonomously, you elect to substitute the following for per-item pre-transmission review: (a) your configuration choices for that AI Agent; (b) your obligations with respect to escalations under Section 14.4; and (c) your review of activity logs, transcripts, and notifications under Section 14.5. Sections 9.3, 9.4, and 9.6 apply to AI Agent transmissions identically as to transmissions you make directly.
AI Agents may escalate defined scenarios to your staff for human judgment. You are solely responsible for designating reachable escalation contacts, keeping escalation contact information current, and responding to escalations promptly. BC3D is not liable for any consequence of an unanswered, delayed, or misdirected escalation response.
BC3D makes activity logs, transcripts, or equivalent records of AI Agent activity available through the Services. You agree to review AI Agent activity at reasonable intervals and to promptly report to BC3D any suspected AI Agent error, malfunction, or unexpected behavior. Your continued autonomous operation of an AI Agent after you know, or reasonably should know, of a recurring error affecting that AI Agent is at your sole risk.
You may disable any AI Agent at any time using the controls made available in the Services or by written request to BC3D. Disabling an AI Agent does not entitle you to a refund of fees or usage charges already incurred.
Where an AI Agent or AI-based tool creates, modifies, or deletes records (including bulk operations across multiple records) at your instruction — including instructions given in natural language — the resulting changes are your data changes for purposes of Section 12. You are responsible for reviewing any preview, summary, or confirmation the tool presents before execution, and for maintaining independent copies of business-critical data as described in Section 23.1. BC3D is not liable for data changes executed at your or your Authorized Users' direction, including changes resulting from misinterpreted instructions where a confirmation or preview step was presented.
AI Agents and AI-based features do not provide legal, insurance-coverage, claims-adjusting, accounting, tax, bookkeeping, or financial advice. Outputs, reconciliations, discrepancy flags, and suggested entries are operational assistance only, and you are responsible for verification and for obtaining professional advice where appropriate.
Descriptions of AI Agent behavior in marketing materials, demonstrations, and documentation (including escalation scenarios, response behaviors, and timing) are illustrative and may change as the Services evolve. The behavior of an AI Agent is not a warranted specification unless expressly stated in a signed Order Form or Module Agreement.
"Confidential Information" means any non-public information disclosed by one party to the other in connection with these Terms or the Services, including pricing, business plans, roadmap information, system architecture, technical information, beta features, customer lists, account configurations, source code, internal documentation, training materials, and any other information that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
Each party agrees to: (a) use the other party's Confidential Information only as necessary to perform under these Terms and use the Services; (b) protect the other party's Confidential Information with at least the same care it uses to protect its own confidential information of similar sensitivity, and in no event less than commercially reasonable care; and (c) not disclose the other party's Confidential Information to any third party except to employees, contractors, agents, advisors, or affiliates who have a need to know and are bound by confidentiality obligations no less protective than these.
Confidential Information does not include information that: (a) is or becomes publicly known through no breach of this Section; (b) was rightfully known before disclosure; (c) is independently developed without use of the other party's Confidential Information; or (d) is required to be disclosed by law or valid legal process, provided the receiving party, where legally permitted, provides reasonable advance notice to the disclosing party.
Without limiting the foregoing, BC3D's non-public pricing, internal documentation, system architecture, beta features, technical documentation, and roadmap information are BC3D Confidential Information. You shall not publicly disclose, post, screenshot, distribute, summarize, or otherwise share such BC3D Confidential Information without BC3D's prior written consent. For clarity, this Section does not restrict you from discussing or sharing your own experience with the Services or your own support correspondence, and nothing in this Section restricts honest reviews, truthful statements, or legally protected speech.
Confidentiality obligations survive termination for three (3) years, except that trade secrets remain protected for as long as they qualify as trade secrets under applicable law, including the Texas Uniform Trade Secrets Act (Tex. Civ. Prac. & Rem. Code § 134A).
Each party acknowledges that breach of this Section may cause irreparable harm not adequately remediable by monetary damages, and that the non-breaching party is entitled to seek injunctive and other equitable relief in any court of competent jurisdiction in addition to any other remedies, without prejudice to any other rights.
If you provide BC3D with any feedback, suggestions, ideas, improvements, recommendations, bug reports, feature requests, or other input regarding the Services (collectively, "Feedback"), you hereby grant BC3D a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable right and license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, commercialize, and otherwise exploit the Feedback for any purpose, without compensation, attribution, accounting, or any other obligation to you. Feedback is provided on a non-confidential basis. You waive any moral rights or similar rights you may have in any Feedback. BC3D has no obligation to act on any Feedback.
Subject to the export commitments in Section 7, BC3D reserves the right to: limit, throttle, delay, or condition bulk data exports; restrict abnormal, excessive, automated, or abusive export activity; require identity verification or account authorization before permitting exports; deny exports if your account is delinquent, suspended, terminated for cause, under investigation, or engaged in abusive activity; restrict exports that could harm BC3D, the Services, other users, or third parties; and suspend or terminate accounts engaged in abusive, exploitative, unlawful, or competitive export behavior. You may not use exported data, configurations, automations, reports, workflows, system structures, or outputs to replicate, replace, reverse engineer, compete with, or assist in competing with the Services.
You agree not to, directly or indirectly:
You expressly agree not to use the Services, directly or indirectly, to develop, train, support, improve, finance, assist, or create any competing software, platform, workflow system, automation tool, CRM, messaging platform, operational system, business, or service. This restriction includes misuse of the Services, outputs, workflows, screenshots, reports, automation logic, system structures, prompts, templates, documentation, data exports, APIs, integrations, and other Service-related materials for competitive purposes.
If APIs, integrations, webhooks, automated access, third-party connections, imports, exports, or similar functionality are made available, you agree to use them only as authorized by BC3D and only in accordance with all applicable documentation, limits, and instructions. You agree not to exceed rate limits or usage limits; scrape, harvest, mine, or extract data in bulk; reverse engineer endpoints, schemas, authentication systems, or integration logic; use automation to overload, disrupt, degrade, probe, scan, or test systems; bypass billing, limits, security, or access controls; use integrations to transmit unlawful or unauthorized data; connect unauthorized or insecure systems; interfere with third-party providers, carriers, or platforms; or use APIs or integrations for competitive replication or abusive purposes. BC3D may throttle, restrict, suspend, disable, or terminate API, integration, export, import, messaging, automation, or account access at any time for violations, suspected violations, technical risk, security risk, nonpayment, excessive usage, third-party provider requirements, or operational reasons.
The Services may depend on, integrate with, connect to, or enable use of Third-Party Services. BC3D does not control Third-Party Services and is not responsible for their acts, omissions, outages, delays, failures, errors, pricing changes, API changes, rate limits, data practices, security incidents, terms, policies, filtering, blocking, message delivery, account suspensions, or discontinuation. Your use of Third-Party Services may be subject to additional third-party terms, policies, fees, restrictions, and compliance requirements. BC3D is not liable for third-party outages, downtime, latency, or interruptions; failed, delayed, filtered, blocked, or undelivered SMS, email, voice, or other communications; carrier filtering, registration delays, campaign rejections, number blocking, or message throughput limits; API changes, integration breakage, provider restrictions, or provider discontinuation; third-party pricing changes, pass-through fees, taxes, surcharges, or regulatory charges; errors, inaccuracies, or omissions caused by third-party data or systems; loss or corruption of data caused by third-party services; or any claims, losses, or liabilities arising from your use of Third-Party Services. BC3D may modify, replace, suspend, or discontinue Third-Party Services or integrations at any time without liability.
The Services may allow you to send or manage communications, including SMS messages, emails, voice calls, reminders, campaigns, notifications, estimates, customer updates, scheduling messages, and other communications. By using the Services, you consent to receive communications from BC3D via email, SMS, phone, dashboard notification, and other methods relating to your account, billing, security, support, updates, product changes, and the Services.
If you send communications through pdrOS, you are solely responsible for all communications sent through your account, including communications sent by your Authorized Users, AI Agents you have enabled, automations, campaigns, workflows, integrations, imports, or unauthorized users. You represent and warrant that: you have obtained all legally required consents, authorizations, opt-ins, and permissions before sending communications; you will comply with all applicable messaging, marketing, telemarketing, privacy, consumer protection, electronic communication, anti-spam, and data protection laws; you will comply with the Telephone Consumer Protection Act ("TCPA"), CAN-SPAM Act, state telemarketing laws, carrier rules, CTIA guidelines, 10DLC/A2P requirements, platform policies, and all other applicable requirements; you will maintain records sufficient to prove consent, opt-in, opt-out, and communication authorization; you will promptly honor STOP, unsubscribe, opt-out, revocation, and do-not-contact requests; you will not send unlawful, deceptive, harassing, abusive, misleading, unauthorized, or prohibited communications; you will not upload purchased, scraped, rented, harvested, or unlawfully obtained contact lists; and you will comply with all carrier, aggregator, provider, and platform requirements.
BC3D is not liable for your messaging practices, communication content, consent failures, opt-out failures, campaign violations, carrier filtering, blocked messages, delayed messages, undelivered messages, registration failures, regulatory penalties, customer claims, or third-party claims arising from communications sent through your account. BC3D may monitor, review, filter, suspend, restrict, or terminate messaging access if BC3D determines, in its sole discretion, that your communications may violate law, carrier rules, provider rules, these Terms, or present legal, reputational, operational, technical, or financial risk. Standard message and data rates may apply.
Calls, conversations, and messaging sessions handled through the Services — including calls and conversations handled by AI Agents — may be recorded, transcribed, monitored, and stored as part of the Services. You acknowledge and agree that:
(a) You are solely responsible for determining whether the recording, transcription, or monitoring of any communication requires notice to, or consent from, any or all participants under the laws applicable to you and to the participants (including all-party-consent jurisdictions), and for providing all required notices and obtaining all required consents;
(b) Where the Services provide configurable recording disclosures or AI-identification disclosures, you are responsible for enabling and maintaining them as required for your use, and any election by you to disable, omit, or alter such disclosures is at your sole risk;
(c) You are solely responsible for compliance with laws requiring disclosure that a communication is generated by, or conducted with, an automated or artificial-intelligence system, as applicable to your communications; and
(d) BC3D is not liable for any claim arising from the recording, transcription, or monitoring of your communications or from any failure to disclose the automated nature of a communication, and such claims are subject to your indemnification obligations under Section 30.
Telephone numbers used with the Services are provisioned through third-party providers and carriers. Subject to provider and carrier rules, payment in full of all amounts due, and your account being in good standing, BC3D will reasonably cooperate with your request to port a telephone number provisioned for your dedicated use upon cancellation of your subscription. BC3D does not guarantee that any number is portable, does not control provider or carrier porting processes or timelines, and is not liable for porting delays, rejections, or number loss caused by providers, carriers, or your failure to initiate porting before data deletion under Section 7. Shared, pooled, or BC3D-owned numbers are not portable.
Your customers and other individuals who communicate with you through the Services are your customers, not BC3D's. BC3D has no direct relationship with them, provides the Services to you as a service provider, and does not undertake any obligation to them. You are solely responsible for your own privacy policy, notices, and disclosures to your customers, including notices regarding data collection, communications, recording, and automated systems.
(a) BC3D does not provide legal advice regarding the TCPA, CAN-SPAM Act, state telemarketing laws, call-recording laws, AI-disclosure laws, carrier rules, consent practices, opt-in or opt-out handling, 10DLC registration, A2P messaging, CTIA guidelines, or any other communication-related legal requirement.
(b) Default settings, templates, automations, workflows, or messaging configurations provided by the Services are not a substitute for legal advice, do not constitute legal advice, and do not constitute a representation or warranty that any particular use will be compliant with applicable law.
(c) You are solely responsible for obtaining your own legal advice regarding your communication practices and for configuring the Services in a manner that complies with all laws and rules applicable to your business and your communications.
(d) Where BC3D registers brand identities, campaigns, sender numbers, or messaging configurations on your behalf with carriers, aggregators, or telecommunications providers, such registration is for technical access purposes only and does not constitute legal advice, compliance certification, or a representation that your use will be compliant. You remain solely responsible for the lawfulness of any communication sent through the Services.
(e) BC3D has no liability for any TCPA violation, call-recording or wiretap violation, AI-disclosure violation, regulatory penalty, carrier penalty, civil judgment, settlement, or attorneys' fees arising from your communication activity.
Your use of the Services is subject to BC3D's Privacy Policy: https://bc3d.agency/privacy-policy. By using the Services, you acknowledge that you have read and understand the Privacy Policy. You are responsible for providing all notices and obtaining all consents required for BC3D to process User Data, including personal information, customer information, communication records, contact information, and messaging data, in connection with the Services.
Where applicable data protection law requires a data processing agreement between you and BC3D with respect to personal data contained in User Data, BC3D offers a standard data processing addendum upon written request, which upon mutual execution is incorporated into these Terms.
BC3D uses commercially reasonable efforts to provide and secure the Services. However, no software, system, network, storage environment, communication tool, or service can be guaranteed to be uninterrupted, error-free, secure, or immune from unauthorized access. You acknowledge that the Services may experience downtime, outages, delays, errors, data loss, degraded performance, maintenance, attacks, bugs, provider failures, or other interruptions; BC3D does not guarantee continuous availability, uptime, message delivery, backup completeness, export availability, or error-free operation; backups may be incomplete, delayed, corrupted, unavailable, overwritten, or subject to retention limits; and you are responsible for maintaining independent copies of data that is important to your business and should not rely on the Services as your sole repository for critical business records. BC3D may perform maintenance, updates, patches, migrations, security measures, or emergency interventions at any time, with or without notice.
If BC3D confirms a security incident resulting in unauthorized access to or acquisition of your unencrypted User Data, BC3D will notify you without undue delay, consistent with applicable law and the legitimate needs of law enforcement, and will provide information reasonably available to BC3D about the nature of the incident. You are responsible for any notifications you are required to make to your customers or regulators. BC3D's notification of an incident is not an admission of fault or liability.
You are responsible for providing and maintaining at your own expense: (a) all hardware, devices, browsers, operating systems, and software required to access and use the Services; (b) all internet connectivity and bandwidth required for access; (c) appropriate security configurations, including firewalls, anti-virus software, and multi-factor authentication where supported; and (d) all training of Authorized Users. BC3D has no liability for performance issues, errors, downtime, or access problems caused by your equipment, connectivity, environment, or Third-Party Services.
If BC3D receives a subpoena, court order, government demand, civil investigative demand, regulatory inquiry, discovery request, or similar legal process relating to your account, your use of the Services, your User Data, your communications, or your business activities (each, a "Third-Party Demand"), BC3D will respond as required by applicable law. BC3D may, at its discretion, notify you of the Third-Party Demand, subject to applicable legal restrictions.
BC3D has no obligation to resist, quash, narrow, object to, or seek protective orders against any Third-Party Demand. You are responsible for taking any steps necessary to protect your interests, including filing motions, seeking protective orders, or retaining counsel at your own expense.
You agree to reimburse BC3D for all reasonable costs incurred in connection with any Third-Party Demand or in connection with any third-party investigation, audit, regulatory proceeding, or litigation that arises out of or relates to your account, your use of the Services, your User Data, your communications, your business activities, or your relationships with third parties — excluding disputes solely between you and BC3D, which are governed by Section 34. Reimbursable costs include: (a) reasonable attorneys' fees; (b) employee and contractor time billed at BC3D's then-current standard rate, currently $300 per hour, subject to change without notice; (c) document review, retrieval, and production costs, including retrieval and production of communication records, recordings, and transcripts; (d) e-discovery costs; (e) expert and consulting fees; (f) travel and lodging; (g) court reporter, deposition, and transcription costs; and (h) other reasonable out-of-pocket expenses.
BC3D may require prepayment of estimated costs before beginning any response, document production, or appearance, and may suspend or refuse to comply with any non-mandatory request until prepayment is received.
This Section applies regardless of whether you are a named party in the underlying matter, regardless of whether your account remains active, and regardless of whether the Third-Party Demand is ultimately enforced or withdrawn. This Section survives termination of these Terms indefinitely.
BC3D may provide support through email, chat, phone, help desk, documentation, onboarding, or other support channels at its discretion. Support availability, response times, scope, and priority may vary by plan and may change at any time. Unless expressly agreed in a separate written agreement signed by BC3D, BC3D does not guarantee any support response time, resolution time, uptime service level, or outcome. BC3D may refuse or limit support for accounts that are unpaid, abusive, misconfigured, unsupported, violating these Terms, using unauthorized integrations, or requesting services outside the applicable plan.
BC3D may offer beta, experimental, pilot, preview, early access, or newly released features. Such features are provided AS IS, may be incomplete, unstable, inaccurate, unavailable, unsupported, changed, or discontinued at any time, and may be subject to additional limits or terms. You acknowledge that beta, experimental, pilot, preview, or early access features are not suitable for production-critical use, mission-critical operations, or any use where failure could result in loss, damage, or harm. You will not use such features for any such purpose. BC3D is not liable for any loss, damage, data issue, business impact, or other consequence arising from beta, experimental, pilot, preview, or early access features. To the maximum extent permitted by law, BC3D has no liability arising from or related to your use of such features.
Certain features, modules, AI tools, integrations, third-party services, advanced functionality, premium offerings, or optional add-ons ("Modules") may be available for separate purchase or activation, subject to separate pricing and to module-specific terms as described in this Section. As of Version 2026.08, Modules offered with the Services include the Sarah AI Customer Manager (24/7 customer communication and scheduling), the Claims Manager (insurance claims calling and follow-up), and the Shop Manager AI (operations assistant with natural-language data access and actions). Each Module that operates autonomously is an AI Agent subject to Section 14. The list of available Modules may change at any time.
Module-specific terms for the Modules are set out in the Module Schedules attached to these Terms — currently Schedule SA (Sarah AI Customer Manager Module Terms), Schedule CM (Claims Manager Module Terms), and Schedule SM (Shop Manager AI Module Terms). The Module Schedules are part of these Terms and are accepted together with these Terms; however, a Module Schedule applies to you, and creates obligations for you, only if and when you purchase, subscribe to, enable, or use the Module it governs. In the event of a conflict between a Module Schedule and the general sections of these Terms, the Module Schedule controls with respect to the Module it governs.
A Module may also or instead be governed by a separate clickwrap, written, or electronic agreement (each, a "Module Agreement"), where BC3D elects to offer it under separate terms. A Module Agreement controls with respect to the specific Module it covers, as further provided in Section 36. These Terms continue to apply to all other aspects of your use of the Services not specifically addressed by a Module Agreement. Acceptance of these Terms does not constitute acceptance of any separate Module Agreement, and acceptance of a Module Agreement does not modify your acceptance of these Terms. A customer whose use of a Module is governed by a Module Agreement accepted before the effective date of this version of these Terms remains governed by that Module Agreement unless and until it is superseded in accordance with its own terms.
Module pricing, implementation fees, and usage rates are as stated at checkout, in the applicable Order Form, in the applicable Module Schedule or Module Agreement, or in the Posted Rates.
BC3D may add, modify, remove, replace, or supersede Modules, Module Schedules, and Module Agreements at any time, subject to Section 33 for material changes that adversely affect a paid Module subscription. A Module may be discontinued independently of these Terms. If BC3D discontinues a paid Module for convenience (not for cause and not at your request), BC3D will refund (a) the pro-rata unused portion of any prepaid recurring fees for that Module, and (b) if discontinuation occurs within twelve (12) months after you paid a Module-specific implementation fee, a pro-rata portion of that implementation fee based on the months elapsed since payment. Such refund is your sole and exclusive remedy for discontinuation of a Module.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BC3D DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; NON-INFRINGEMENT; QUIET ENJOYMENT; ACCURACY; RELIABILITY; AVAILABILITY; SECURITY; UNINTERRUPTED OR ERROR-FREE OPERATION; MESSAGE DELIVERY; DATA RETENTION; INTEGRATION AVAILABILITY; BUSINESS RESULTS; AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
BC3D MAKES NO REPRESENTATION OR WARRANTY THAT ANY GENERATED OUTPUT, INCLUDING ANY INVOICE, BILLING DOCUMENT, RENTAL CALCULATION, CHARGE SUMMARY, REPORT, OR COMMUNICATION, IS ACCURATE, COMPLETE, ERROR-FREE, OR SUITABLE FOR INSURANCE BILLING, TAX REPORTING, REGULATORY SUBMISSION, OR ANY OTHER PURPOSE. BC3D MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, OR ANY OUTPUT GENERATED BY THE SERVICES, WILL COMPLY WITH ANY INSURANCE BILLING REQUIREMENT, INSURER POLICY, NETWORK CONTRACT, AUTO BODY OR REPAIR INDUSTRY REGULATION, STATE INSURANCE CODE, FRAUD-PREVENTION RULE, OR SIMILAR REQUIREMENT. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR BILLING, COMMUNICATIONS, AND OPERATIONS COMPLY WITH ALL APPLICABLE REQUIREMENTS.
BC3D MAKES NO REPRESENTATION OR WARRANTY REGARDING RESULTS, OUTCOMES, APPROVAL RATES, APPROVAL SPEED, RESPONSE RATES, TIME SAVINGS, COST SAVINGS, OR REVENUE ATTRIBUTABLE TO THE SERVICES OR ANY AI AGENT. ANY ROI PROJECTIONS, CALCULATORS, CASE STUDIES, TESTIMONIALS, OR EXAMPLES ARE ILLUSTRATIVE ONLY AND ARE NOT PROMISES OF RESULTS.
BC3D DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY PARTICULAR BUSINESS RESULT, INCREASE REVENUE, IMPROVE OPERATIONS, PREVENT LOSSES, AVOID DISPUTES, ENSURE LEGAL COMPLIANCE, DELIVER COMMUNICATIONS, PRESERVE DATA, OPERATE WITHOUT INTERRUPTION, OR BE FREE FROM DEFECTS, VULNERABILITIES, MALWARE, UNAUTHORIZED ACCESS, OR HARMFUL COMPONENTS.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SERVICES ARE SUITABLE FOR YOUR BUSINESS, LEGAL, TECHNICAL, OPERATIONAL, AND COMPLIANCE NEEDS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
BC3D SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES;
BC3D SHALL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOST CUSTOMERS, LOST OPPORTUNITIES, LOST DATA, DATA CORRUPTION, BUSINESS INTERRUPTION, REPLACEMENT SERVICES, LOSS OF USE, COMMUNICATION FAILURES, MESSAGE DELIVERY FAILURES, CUSTOMER CLAIMS, THIRD-PARTY SERVICE FAILURES, OR COSTS OF COVER;
BC3D SHALL NOT BE LIABLE FOR YOUR COMMUNICATIONS, MESSAGING PRACTICES, TCPA COMPLIANCE, CALL RECORDING OR AI-DISCLOSURE COMPLIANCE, CUSTOMER CONSENTS, OPT-OUT HANDLING, MARKETING PRACTICES, CUSTOMER RELATIONSHIPS, BUSINESS DECISIONS, OR USE OF USER DATA;
BC3D SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS CAUSED BY YOUR CREDENTIALS, YOUR AUTHORIZED USERS, YOUR SYSTEMS, YOUR DEVICES, YOUR INTEGRATIONS, OR YOUR FAILURE TO SECURE YOUR ACCOUNT;
BC3D SHALL NOT BE LIABLE FOR THIRD-PARTY SERVICES, CARRIER FILTERING, SMS DELIVERY, EMAIL DELIVERY, INTEGRATION FAILURES, API CHANGES, PROVIDER OUTAGES, PAYMENT PROCESSOR ISSUES, OR THIRD-PARTY PRICE CHANGES;
BC3D'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO BC3D IN THE THIRTY (30) DAYS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE THOUSAND DOLLARS ($1,000.00); AND
NOTWITHSTANDING THE FOREGOING, FOR CLAIMS ARISING FROM LITE, FREE, TRIAL, BETA, EVALUATION, OR PROMOTIONAL ACCESS FOR WHICH YOU HAVE PAID NO FEES, BC3D'S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, WARRANTY, EQUITY, OR OTHERWISE, EVEN IF BC3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (A) BC3D'S INTENTIONAL FRAUD; (B) BC3D'S WILLFUL MISCONDUCT; (C) BC3D'S OBLIGATION TO PAY AMOUNTS THAT BC3D HAS EXPRESSLY COMMITTED TO REFUND IN WRITING, INCLUDING UNDER SECTIONS 6.12, 27.5, AND 31.3; OR (D) ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, BC3D'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless BC3D, its affiliates, owners, officers, directors, employees, contractors, agents, licensors, vendors, service providers, successors, and assigns from and against any and all claims, demands, actions, proceedings, damages, liabilities, losses, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:
BC3D may control the defense and settlement of any claim subject to indemnification. You agree to cooperate fully with BC3D in the defense of any claim. You may not settle any claim in a manner that imposes liability, obligation, admission, or restriction on BC3D without BC3D's prior written consent.
BC3D may suspend, restrict, downgrade, disable, or terminate your account or access to the Services at any time, with or without notice, if BC3D determines, in its sole discretion, that: you violated these Terms; you failed to pay amounts when due; your payment method is declined, disputed, reversed, invalid, or fraudulent; your use creates legal, security, operational, financial, reputational, technical, or compliance risk; your account is suspected of unauthorized access, compromise, fraud, abuse, or misuse; your communications may violate law, carrier rules, platform rules, or consent requirements; your use is excessive, abnormal, abusive, exploitative, or technically harmful; you use the Services at or for any Location that is not a Licensed Location or misrepresent your Location count; you use the Services for competitive replication, reverse engineering, scraping, or prohibited purposes; BC3D is required to do so by law, court order, provider requirement, carrier requirement, or government request; a Third-Party Service restricts, suspends, or terminates access; or BC3D decides to discontinue or materially modify the Services.
Upon termination: your access to the Services will immediately cease; your right to use the Services will end; BC3D may disable accounts, Authorized Users, AI Agents, automations, integrations, messaging, exports, and access credentials; data will be handled in accordance with Section 7 (including Section 7.4 where termination is for cause); you remain responsible for all amounts incurred before termination; and BC3D is not liable for any loss, damage, business impact, or data issue arising from suspension or termination, except as expressly provided in Section 31.3.
If BC3D terminates your account for convenience (that is, other than for cause under Section 31.1 and other than at your request), or discontinues the Services entirely, BC3D will: (a) provide reasonable advance notice where practicable; (b) refund the pro-rata unused portion of any prepaid recurring subscription fees for the then-current prepaid period; and (c) make the self-service export tools of Section 7.2 available to you for at least thirty (30) days following the effective date of termination or discontinuation. Module discontinuation is governed by Section 27.5. The remedies in this Section 31.3 are your sole and exclusive remedies for termination for convenience or discontinuation of the Services.
By clicking any acceptance button or checkbox referencing these Terms (including any checkbox labeled "I agree" or similar), completing a checkout, creating an account, paying any invoice, accessing the Services, or otherwise indicating agreement, you:
BC3D maintains electronic records of acceptance, which may include IP address, timestamp, user agent, account email, account identifier, payment authorization data, version of these Terms accepted, the precise text of any acceptance prompt or checkbox, and the user interaction completing acceptance. You agree that such records are admissible in any arbitration, mediation, or court proceeding and constitute presumptive evidence of your acceptance of these Terms. You waive any objection to the admissibility or authenticity of such records based on form or absence of original signature.
Each instance of access to or use of the Services constitutes a renewed acceptance of the then-current version of these Terms, subject to the notice requirements of Section 33 for material changes.
You consent to BC3D's recording of meetings, video calls, screen sharing sessions, and similar interactions with you or your Authorized Users for the purposes of training, quality assurance, record-keeping, support, and dispute resolution. You will inform your Authorized Users of this provision.
BC3D may update, revise, supplement, or replace these Terms at any time. BC3D may provide notice of changes by email, dashboard notice, website posting, account notice, in-product notification, invoice notice, or other reasonable method. For material changes that adversely affect your rights under a paid subscription, BC3D will provide at least thirty (30) days' notice before the change takes effect, and the change will take effect no earlier than the stated effective date. Other updates become effective when posted or when otherwise communicated. Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms. If you do not agree to updated Terms, your sole remedy is to stop using the Services and cancel your subscription before the updated Terms apply. BC3D may require you to affirmatively accept updated Terms before continuing to use the Services. BC3D will maintain a version identifier in the header of these Terms (e.g., Version 2026.08) and archive prior versions accessible upon request.
Before initiating arbitration, either party must first provide written notice of the dispute and attempt in good faith to resolve the dispute informally. Notice to BC3D must be sent to the contact information listed in these Terms. If the dispute is not resolved within thirty (30) days after notice, either party may proceed to arbitration as described below.
All disputes, claims, or controversies arising out of or relating to these Terms, the Services, your account, billing, communications, data, pricing, termination, or the relationship between you and BC3D shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in Texas. The arbitration shall be conducted before a single arbitrator under the AAA Commercial Arbitration Rules (including, where applicable, the AAA's Expedited Procedures), except as modified by these Terms. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction shall decide the enforceability of the Class Action Waiver in Section 34.5. The seat and venue of arbitration shall be in Tarrant County, Texas, unless the parties agree, or the arbitrator orders, that the arbitration be conducted remotely or by written submissions. The arbitrator shall have authority to award the same individual relief that a court could award, subject to the limitations, waivers, and exclusions in these Terms. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Notwithstanding Section 34.2, either party may bring an individual claim in a small claims court of competent jurisdiction, so long as the claim remains in small claims court and is not brought on a class, collective, or representative basis.
The arbitrator shall award the prevailing party its reasonable attorneys' fees and costs, including arbitration fees, filing fees, arbitrator fees, expert fees, and other reasonable expenses, except where applicable law expressly prohibits such an award.
YOU AND BC3D AGREE THAT ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY AND NOT AS PART OF ANY CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR MASS ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE PERSONS AND MAY NOT PRESIDE OVER ANY CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR MASS PROCEEDING.
YOU AND BC3D WAIVE ANY RIGHT TO A TRIAL BY JURY.
Any claim must be brought within two (2) years after the cause of action arises. Any claim not brought within that period is permanently barred to the maximum extent permitted by law.
Notwithstanding the arbitration requirement, either party may seek injunctive, equitable, or emergency relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or trade secrets, and BC3D may additionally seek such relief to protect its systems, security, and the integrity of the Services. BC3D may also pursue collection of unpaid amounts in any court of competent jurisdiction or through arbitration.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles. To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Tarrant County, Texas.
In the event of any conflict or inconsistency, the following order of precedence controls, with each higher-priority document controlling over each lower-priority document only with respect to the specific matter in conflict:
Notwithstanding the foregoing order, as between an Order Form and a Module Agreement or Module Schedule, the document that more specifically addresses the matter in conflict controls with respect to that matter; a Module Agreement or Module Schedule controls over general Order Form language with respect to the specific Module it governs, and an Order Form controls over general Module Agreement or Module Schedule language with respect to negotiated pricing or scope it specifically states.
No purchase order term, vendor portal term, customer-supplied form, clickwrap term presented by you, invoice notation, or other customer-supplied document modifies these Terms or any of the above documents unless expressly accepted in a writing signed by an authorized representative of BC3D. BC3D's acceptance of a payment referencing such a term does not constitute acceptance of the term.
If you enter into a separate written agreement, Order Form, statement of work, master services agreement, enterprise agreement, data processing agreement, or other written agreement signed by BC3D, that agreement will control in the event of a direct conflict with these Terms, but only to the extent of the conflict; these Terms apply to all matters not expressly addressed in the separate agreement; and no purchase order, vendor portal term, clickwrap term, invoice term, or other customer-supplied term will modify these Terms unless expressly signed by BC3D.
Nothing in these Terms creates any partnership, joint venture, agency, employment, fiduciary, franchise, or similar relationship between you and BC3D. Neither party has authority to bind the other, make representations on behalf of the other, or incur obligations on behalf of the other. Each party is and remains an independent contractor. You and BC3D each acknowledge that no fiduciary duty is owed by either party to the other in connection with these Terms or the Services. For clarity, the designation of an AI Agent as your agent under Section 14 makes the AI Agent's actions attributable to you; it does not make BC3D your agent or fiduciary.
BC3D may identify you as a customer of the Services and use your name, trade name, and logo in marketing, sales, advertising, case study, and promotional materials, including BC3D's website, sales presentations, proposals, and partner submissions. You may opt out of such identification at any time by providing written notice to michael@bc3d.agency, in which case BC3D will discontinue such use within a reasonable time.
You may not issue any press release, public statement, marketing material, or social media post about BC3D, the Services, BC3D's personnel, or BC3D's operations without BC3D's prior written consent, except for general factual references to your use of the Services. You agree not to make any false, defamatory, misleading, or knowingly inaccurate statement about BC3D, its personnel, the Services, or the Services' performance. Nothing in this Section restricts honest reviews, truthful statements, or legally protected speech.
During your use of the Services and for twelve (12) months thereafter, you shall not, directly or indirectly, solicit, recruit, hire, engage, or attempt to solicit, recruit, hire, or engage any BC3D employee, contractor, consultant, or agent with whom you had material contact through your use of the Services, for the purpose of providing services that are the same as or similar to those provided by that individual to BC3D, except through general public advertising not specifically targeted at BC3D personnel. This Section does not prevent you from hiring a former BC3D individual who responds to a general job posting and who has not been employed or engaged by BC3D for at least six (6) months.
You are responsible for complying with all applicable laws, rules, regulations, industry standards, and third-party requirements relating to your use of the Services. You may not use the Services in violation of export control laws, sanctions laws, anti-corruption laws, privacy laws, consumer protection laws, telecommunications laws, intellectual property laws, or other applicable legal requirements. You may not use the Services if you are located in, organized under the laws of, ordinarily resident in, or acting on behalf of a country, region, entity, or person subject to applicable sanctions or restrictions prohibiting use of the Services.
The following provisions survive any expiration, termination, suspension, or cancellation of these Terms or your access to the Services: Section 6 (with respect to amounts owed before termination), Section 7 (data retention and export), Section 9 (Generated Outputs and third-party transmissions), Section 10 (Intellectual Property), Section 11 (Copyright Complaints, with respect to accrued matters), Section 12.2 (License to BC3D), Section 12.4 (Aggregated Data), Section 13 (AI, Automation, and System Protection), Section 14 (Autonomous AI Agents, with respect to actions occurring before termination), Section 15 (Confidentiality), Section 16 (Feedback), Section 17 (Data Export and Abuse Restrictions, with respect to use of exported data), Section 18 (Prohibited Conduct), Section 24 (Legal Process and Third-Party Proceedings), Section 28 (Disclaimers), Section 29 (Limitation of Liability), Section 30 (Indemnification), Section 34 (Dispute Resolution and Arbitration), Section 35 (Governing Law), Section 39.2 (Your Restrictions), Section 40 (Non-Solicitation), Section 45.5 (True-Up and Retroactive Fees), Section 45.7 (Verification), the Module Schedules (with respect to activity, fees, and obligations accrued before termination), and any other provision that by its nature or context is intended to survive.
These Terms, together with any applicable Order Forms, Module Agreements, written agreements signed by BC3D, and incorporated policies, constitute the entire agreement between you and BC3D regarding the Services and supersede all prior agreements, understandings, representations, and warranties.
You acknowledge and agree that, in entering into these Terms and purchasing the Services, you are relying solely on the express terms of these Terms and any signed Order Form, and you expressly disclaim reliance on, and have not relied on, any other representation, statement, projection, ROI estimate, calculator output, demonstration, marketing material, website content, case study, testimonial, or oral or written statement of BC3D or its personnel. This disclaimer of reliance is a material, bargained-for term of these Terms.
If any provision of these Terms is found unenforceable, invalid, or unlawful, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
BC3D's failure to enforce any provision is not a waiver of its right to enforce that provision or any other provision.
You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without BC3D's prior written consent. BC3D may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, financing, or change of control.
There are no third-party beneficiaries to these Terms except BC3D's affiliates, owners, officers, directors, employees, contractors, agents, licensors, vendors, service providers, successors, and assigns with respect to provisions intended to benefit them.
Headings are for convenience only and do not affect interpretation. The words "including" and "includes" mean "including without limitation."
BC3D is not liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet failures, telecommunications failures, hosting failures, carrier failures, provider outages, cyberattacks, war, terrorism, civil unrest, government action, pandemics, power failures, or other force majeure events. For the avoidance of doubt, force majeure does not excuse your obligation to pay amounts owed under these Terms.
BC3D may provide notices to you by email, SMS, dashboard notification, in-product message, website posting, invoice, account notice, or other reasonable method. You are responsible for keeping your account contact information current. Notices are deemed given when sent, posted, or otherwise made available, unless applicable law requires a different method.
Notices to BC3D must be sent to:
BC3D Agency LLC 1320 Lake St., Fort Worth, Texas 76101 United States Phone: (877) 478-8614 Email: michael@bc3d.agency
The Services are licensed on a per-Location basis. You must hold a separate, current, paid License for each Location at which or from which the Services are used. The license granted in Section 10 extends only to your Licensed Locations and to Authorized Users acting for those Licensed Locations. Use of the Services at, for, or from any Location that is not a Licensed Location is unlicensed use and a material breach of these Terms.
(a) Contiguous premises. Two or more buildings, units, bays, yards, or structures constitute a single Location if they are located on the same parcel or on directly adjoining parcels, are operated as a single operational unit under common day-to-day management, and share a common customer intake and scheduling function. A multi-building campus, a shop with a detached storage or paint building, and a facility spanning adjacent suites at the same street address are each a single Location.
(b) Separate premises. Premises that are not contiguous under Section 45.2(a) are separate Locations and each require their own License, regardless of common ownership, common branding, common management, shared staff, shared phone numbers, shared inventory, or proximity. Premises in different cities, different municipalities, or at different street addresses are presumed to be separate Locations.
(c) Functional test. Without limiting Section 45.2(a) or (b), any premises at which your customers or their vehicles are received, picked up, dropped off, or delivered, and for which activity is scheduled, tracked, communicated, documented, or billed through the Services, is a Location requiring its own License.
(d) Mobile and dispatched operations. A mobile technician, mobile unit, or route dispatched from, and administered under, a Licensed Location does not itself constitute a separate Location, provided that the technician's work is scheduled, documented, and billed through that Licensed Location's account. A fixed premises used as a dispatch base, hub, staging yard, or intake point is a Location.
(e) Wholesale, dealer, and partner sites. Premises operated by a third party (including a dealership, body shop, rental agency, or fleet yard) at which you perform work do not require a separate License, provided that the work is scheduled, documented, and billed through a Licensed Location's account and that no employee, contractor, or agent of the third party is granted access to the Services. If any personnel of the third party are granted access to the Services, that premises is a Location requiring its own License.
(f) Temporary and catastrophe sites. A temporary site established in response to a hail or catastrophe event is included under your nearest Licensed Location for the first ninety (90) consecutive days of operation. A temporary site operated beyond ninety (90) consecutive days, or established in an area not served by a Licensed Location, requires its own License.
(g) Affiliates and separate entities. Each legal entity, franchisee, subsidiary, affiliate, joint venture, or independently owned operation requires its own License for each of its Locations. Licenses are not transferable between entities except as permitted by Section 45.4.
(h) BC3D determination. Where the application of this Section 45.2 to a particular arrangement is unclear, BC3D's reasonable determination, made in good faith and communicated to you in writing, controls.
You must notify BC3D in writing at michael@bc3d.agency before beginning use of the Services at or for any new Location. Each additional License is subject to BC3D's then-current per-Location setup fee, subscription fee, and Module fees, and to any Order Form BC3D issues for it. Unless otherwise stated in an Order Form, subscription fees for an additional Location begin on the date the Location is provisioned and are prorated to align with your existing billing cycle. The Section 6.12 setup fee money-back guarantee applies once per customer and does not apply to setup fees for additional Locations.
(a) Closure. You may cancel the License for a Location under Section 7.1. Cancellation is effective at the end of the then-current billing period, no partial-period refunds are issued, and data for that Location is handled under Section 7.
(b) Relocation. If a Licensed Location moves to new premises and ceases operations at the prior premises, its License moves with it at no additional setup fee, upon written notice to BC3D. If operations continue at both premises, a new License is required for the additional premises.
(c) Transfer. Licenses may not be transferred, reassigned, sold, leased, shared, or pooled between Locations, entities, or third parties except with BC3D's prior written consent, and are otherwise subject to Section 43.4.
If you use the Services at or for any Location that is not a Licensed Location, BC3D may, in addition to any other remedy available under these Terms:
(a) invoice you for the applicable subscription fees for that Location, at BC3D's then-current rates, retroactive to the earlier of (i) the date such use began or (ii) twelve (12) months before discovery, together with the then-current setup fee;
(b) invoice you for all usage-based fees attributable to that Location under Section 6.4;
(c) require you to bring the Location into compliance within ten (10) business days of written notice; and
(d) suspend, restrict, or terminate your account or access under Section 31.1 for material breach.
Amounts invoiced under this Section are due on BC3D's standard payment terms and accrue interest under Section 6.8 if unpaid. BC3D's failure to detect or act on unlicensed use is not a waiver under Section 43.3.
(a) Current allowance. As of the Effective Date of Version 2026.08 of these Terms, each Licensed Location includes an unlimited number of Authorized Users, subject to Sections 4.2 through 4.5 (including the requirement that each Authorized User use their own unique credentials, that credentials not be shared or pooled, and that Authorized Users be natural persons). Authorized Users of one Licensed Location may not use their access to conduct, manage, or document operations for a Location that is not a Licensed Location.
(b) Not a warranted specification; reservation of rights. The Included Users allowance described in Section 45.6(a) is a current plan characteristic, not a warranted specification, guarantee, or perpetual entitlement, and you expressly acknowledge that you are not relying on its continued availability (Section 43.1). BC3D reserves the right, at its sole discretion, to establish seat caps, per-seat fees, tiered user allowances, per-user usage limits, or role-based licensing at any time, in accordance with Sections 2, 6.1, and 6.5. Where such a change materially and adversely affects a paid subscription, BC3D will provide notice as required by Section 33. Your continued use of the Services after the effective date of such a change constitutes acceptance of it, and if you do not agree, your sole remedy is to cancel under Section 7.1.
(c) Order Form control. Where an Order Form or Module Schedule specifies a seat count, seat cap, or per-seat fee for a Location, that document controls with respect to that Location as provided in Section 36.
BC3D may request, and you agree to provide within ten (10) business days, a written statement identifying all Locations at which or from which you use the Services, the Authorized Users associated with each, and the address of each Location. BC3D may also rely on account data, usage patterns, scheduling and dispatch records, telephone numbers, integration activity, and publicly available information to determine the number of Locations in use. Misrepresentation of your Location count is a material breach of these Terms and grounds for termination under Section 31.1.
Module subscriptions (including under Schedules SA, CM, and SM) are licensed per Licensed Location unless expressly stated otherwise in an Order Form or Module Schedule. A Module enabled for one Licensed Location does not extend to any other Location. Usage-based fees under Section 6.4 are incurred and billed by account and are your responsibility regardless of which Licensed Location generated them.
This Schedule SA is part of the Terms of Service and applies to you only if and when you purchase, subscribe to, enable, or use the Sarah AI Customer Manager Module ("Sarah"). Capitalized terms have the meanings given in the Terms. In the event of a conflict between this Schedule and the general sections of the Terms, this Schedule controls with respect to Sarah (Section 27.2).
Sarah is an AI-powered customer-communication Module that, when enabled, communicates with your customers on your behalf across supported channels (which may include SMS, voice, email, web chat, and social messaging) — responding to inquiries, providing repair-status information drawn from your account data, coordinating pickup, drop-off, and delivery scheduling, sharing documents and photos from your account, sending proactive updates and follow-up sequences, flagging defined risk signals (such as potential cancellations), and escalating defined scenarios to your staff. Sarah operates using large-language-model infrastructure, which may include Third-Party Services (Section 20), and is continuously developed and improved by BC3D. Sarah is an AI Agent, and Section 14 of the Terms applies to it in full. Descriptions of Sarah's behavior in marketing materials, demonstrations, and documentation — including specific escalation scenarios, guardrail behaviors, staff-takeover timing, and language support — are illustrative only (Section 14.9).
Sarah requires a recurring subscription fee (the "Sarah Service Fee") as stated at checkout or in your Order Form, billed on a recurring basis beginning on the date of activation. Any Sarah implementation or setup fee is non-refundable as provided in Section 6.2, is not covered by the Section 6.12 guarantee, and is subject to the discontinuation refund in Section 27.5. The Sarah Service Fee does not include usage-based charges: SMS segments, voice minutes, and other metered usage generated by Sarah's communications are billed at the Posted Rates under Section 6.4, in addition to the Sarah Service Fee. You are responsible for all usage generated by Sarah's operation under your configuration, including proactive and repeating message sequences.
Communications sent and handled by Sarah are your communications for all purposes under the Terms (Sections 14.2 and 21.2). You are responsible for obtaining all consents and authorizations required for Sarah's communications with your customers, honoring opt-outs, and complying with the TCPA and other communication laws (Section 21.2), and for all recording, transcription, and automated-communication disclosure obligations (Section 21.3). Conversations handled by Sarah may be recorded, transcribed, and stored in your account as User Data.
AI-generated communications are subject to inherent limitations and may be incomplete, inaccurate, or inappropriate in particular instances. You agree to maintain appropriate human oversight of Sarah's customer interactions, including reviewing activity and conversation records at reasonable intervals (Section 14.5), responding promptly to escalations (Section 14.4), and correcting any inaccurate information communicated to a customer. Where your staff takes over a conversation, Sarah's automated-pause behavior is a design feature, not a warranted specification.
Sarah includes designed guardrails intended to prevent the disclosure of certain sensitive information and to route defined scenarios to your staff. Guardrails are protective design measures, not warranted specifications: BC3D does not represent or warrant that guardrails cannot be circumvented, that every escalation scenario will be detected, or that any particular category of information will never be disclosed. You are responsible for configuring what information Sarah may access and for the oversight described in SA-4.
BC3D does not represent, warrant, or guarantee any response accuracy in every instance, customer-satisfaction outcome, lead capture, cancellation detection or recovery, revenue result, staffing reduction, or other business outcome from Sarah. Statistics, examples, and case-study results in marketing materials are illustrative only (Sections 28 and 43.1).
Sarah, including all underlying models, prompts, logic, workflows, integrations, guardrails, and improvements, is and remains the exclusive property of BC3D (Section 10). BC3D retains all right, title, and interest in all enhancements and developments made to Sarah, including those developed using Feedback (Section 16) or aggregated or de-identified data (Section 12.4) derived from your usage. Nothing in this Schedule transfers any ownership interest in Sarah to you.
You may disable or cancel Sarah at any time (Sections 7.1 and 14.6); cancellation takes effect at the end of the then-current billing period, no partial-month refunds are issued, and fees and usage already incurred remain payable. Discontinuation by BC3D is governed by Section 27.5.
This Schedule CM is part of the Terms of Service and applies to you only if and when you purchase, subscribe to, enable, or use the Claims Manager Module ("Claims Manager"). Capitalized terms have the meanings given in the Terms. In the event of a conflict between this Schedule and the general sections of the Terms, this Schedule controls with respect to Claims Manager (Section 27.2).
Claims Manager is an autonomous insurance-communications Module that, when enabled, places and handles outbound telephone calls to insurance carriers and adjusters on your behalf in connection with your repair orders — including navigating phone trees, waiting on hold, speaking with carrier personnel, transmitting documents from your account during or after calls, documenting call outcomes and authorization references, updating your records, placing follow-up calls, and escalating defined scenarios to your staff. Claims Manager is an AI Agent, and Section 14 of the Terms applies to it in full. Descriptions of Claims Manager's behavior in marketing materials, demonstrations, and documentation are illustrative only (Section 14.9).
By enabling Claims Manager, you authorize it to contact insurance carriers, adjusters, and related parties on your behalf, to identify itself as calling on behalf of your business, and to transmit documents, photos, estimates, and information from your account to such parties. All statements made and materials transmitted by Claims Manager are generated from your account data and your configuration and are your communications and representations under Sections 9 and 14. You are responsible for keeping the underlying repair order, estimate, claim, and contact data in your account accurate and current, and for reviewing Claims Manager's activity records as provided in Section 14.5.
(a) Implementation fee. Claims Manager may require a one-time implementation fee as stated at checkout or in your Order Form. Module implementation fees are non-refundable as provided in Section 6.2, are not covered by the Section 6.12 guarantee, and are subject to the discontinuation refund in Section 27.5.
(b) Usage rate. Claims Manager usage is billed at the Posted Rate per minute, which is $0.10 per Billable Minute as of Version 2026.08. There are no monthly minimums and no per-agent fees.
(c) Billable Minutes. A "Billable Minute" is time during which Claims Manager is connected to a call it places or handles for you, measured from call answer to disconnection, including time spent navigating automated phone systems, waiting in queues, and on hold. Call attempts that are unanswered, busy, or fail to connect are not billed. Usage is measured in seconds and rounded up to the nearest minute per call.
(d) Concurrency. Claims Manager may operate multiple concurrent calling sessions based on your call volume; each concurrent session accrues Billable Minutes separately.
(e) Visibility and invoicing. Usage is reported in your account dashboard and billed in arrears on your regular billing cycle. Metering by BC3D's telephony providers is binding absent manifest error.
BC3D does not represent, warrant, or guarantee any claim approval, approval amount, approval timeline, supplement outcome, carrier response time, carrier cooperation, adjuster availability, or that any carrier will accept, engage with, or continue to engage with automated callers. Carriers may decline to interact with automated systems, and BC3D may suspend or limit Claims Manager calling to particular carriers or numbers where a carrier objects, blocks calls, or where BC3D determines continued calling presents legal, technical, or operational risk. Claims Manager's effectiveness depends on the accuracy and completeness of your account data.
Claims Manager escalates scenarios requiring human judgment to your designated staff (Section 14.4). Claim progress may stall while an escalation awaits your response, and delays, missed approvals, or other consequences of unanswered or delayed escalation responses are your sole responsibility.
Calls placed or handled by Claims Manager may be recorded and transcribed, and the recordings, transcripts, call logs, and authorization references are stored in your account as User Data. Section 21.3 of the Terms applies: you are responsible for determining whether recording or automated-caller disclosures are required for your communications and for all related consents and disclosures.
Claims Manager performs administrative communication, document delivery, status tracking, and follow-up at your direction. It does not provide insurance adjusting services, does not negotiate insurance coverage on behalf of any insured, and does not provide legal, coverage, or claims-consulting advice. You are solely responsible for ensuring that your use of Claims Manager complies with insurance, licensing, consumer-protection, and other laws applicable to your business, and with your own contractual obligations to carriers (including any direct-repair-program agreements).
Sections 9.4 through 9.6 (responsibility and indemnification for third-party transmissions), Section 24 (legal process), and Section 30 (indemnification) apply to all Claims Manager activity, including statements made on calls and documents transmitted to carriers.
You may disable Claims Manager at any time (Section 14.6); Billable Minutes and fees already incurred remain payable. Discontinuation by BC3D is governed by Section 27.5.
This Schedule SM is part of the Terms of Service and applies to you only if and when you purchase, subscribe to, enable, or use the Shop Manager AI Module ("Shop Manager"). Capitalized terms have the meanings given in the Terms. In the event of a conflict between this Schedule and the general sections of the Terms, this Schedule controls with respect to Shop Manager (Section 27.2).
Shop Manager is a natural-language operations assistant that, at your instruction, can read data in your account; answer questions; create, assign, and modify tasks; create, modify, and delete records, including bulk operations across multiple records; analyze uploaded documents (such as receipts, invoices, and card or bank statements); reconcile financial records against uploaded statements; flag discrepancies; and monitor account activity and generate alerts. When Shop Manager takes actions, it is an AI Agent and Section 14 of the Terms applies to it in full, including Section 14.7 (data-modification operations). Descriptions of Shop Manager's behavior in marketing materials, demonstrations, and documentation are illustrative only (Section 14.9).
Shop Manager may require a one-time implementation fee and a recurring monthly access fee as stated at checkout or in your Order Form. Module implementation fees are non-refundable as provided in Section 6.2, are not covered by the Section 6.12 guarantee, and are subject to the discontinuation refund in Section 27.5. Any metered usage associated with Shop Manager is billed at Posted Rates.
Instructions given to Shop Manager by you or any Authorized User with access to it — including instructions given in natural language — are your instructions, and the resulting actions and data changes are yours (Sections 14.2 and 14.7). You are responsible for controlling which Authorized Users may access Shop Manager using the access controls made available in the Services.
Shop Manager presents previews, summaries, or confirmation steps before executing bulk or destructive operations. You are responsible for reviewing them before confirming. Executed changes are your data changes, including where a natural-language instruction was misinterpreted but a preview or confirmation step was presented (Section 14.7). You acknowledge that record changes made by Shop Manager may trigger the same downstream automations as manual changes — including workflows, tasks, internal notifications, and customer-facing messages — and any associated usage fees.
Shop Manager's document analysis relies on optical character recognition and AI inference, which may misread, miscategorize, or mismatch information — including vendors, amounts, dates, payment methods, and the repair orders or entries to which items are matched. Suggested entries, matches, and reconciliation results are drafts requiring your review before acceptance. Reconciliation outputs, discrepancy flags, and monitoring alerts are operational aids only; they are not bookkeeping, accounting, audit, or tax services or advice (Section 14.8), and your financial records and books remain your sole responsibility. The absence of a discrepancy flag or alert is not a representation that your data is accurate or complete, and BC3D does not warrant that Shop Manager will detect any particular discrepancy.
You may upload business financial and operational documents for analysis — such as receipts, invoices, vendor statements, and card or bank statements — provided that account numbers are masked or truncated where the document format permits. Prohibited Sensitive Information (Section 12.3) may not be uploaded to or processed by Shop Manager.
You may disable Shop Manager at any time (Section 14.6); fees already incurred remain payable. Discontinuation by BC3D is governed by Section 27.5.
END OF TERMS OF SERVICE