Terms of Service — MechaniQ

1) Agreement to Terms

By accessing or using MechaniQ (the "Service"), you agree to be bound by these Terms of Service (the "Terms") and our Privacy Policy. If you do not agree, do not use the Service.

2) Eligibility

You must be at least 13 years old (or the age of digital consent in your jurisdiction, if higher). If you are under 18, you must have permission from a parent/guardian. You represent that you have the full right, power, and authority to enter into and comply with these Terms.

3) Accounts & Security

You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. You must promptly notify us of any unauthorized use or security incident. We may require multi‑factor authentication and may disable or suspend accounts to protect users and the Service.

4) License to Use the Service

Subject to your continued compliance with these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to install and use the Service for your personal, non‑commercial use on devices you own or control. We reserve all rights not expressly granted.

5) Acceptable Use

You agree not to (and not to allow others to):

• Use the Service for unlawful, harmful, deceptive, or abusive purposes;
• Interfere with or compromise vehicle safety systems, emissions controls, or any legal compliance;
• Access or use the Service to build competing products, datasets, or models;
• Reverse engineer, decompile, or circumvent security or usage limits;
• Upload content that infringes third‑party rights or contains malware;
• Use the Service while driving or in any situation requiring full attention.

We may monitor misuse and enforce these Terms, including suspending or terminating accounts.

6) User Content & Limited License to Us

"User Content" includes your prompts, messages, transcripts, images, vehicle data (e.g., VINs, DTCs, maintenance records), and other materials you submit.

• Ownership. You retain ownership of your User Content.
• License to operate the Service. You grant us a worldwide, non‑exclusive, royalty‑free license to host, process, transmit, display, and create non‑substantive adaptations of User Content solely to operate, maintain, secure, and support the Service (including safety, debugging, and quality assurance).
• No training. We do not use User Content to train any machine‑learning models, and we require our service providers acting on our behalf not to use your content for their own training or product improvement.
• Responsibility. You are solely responsible for your User Content and for obtaining any necessary consents or rights to submit it.

7) Automotive Safety, No Professional Advice, and Assumption of Risk

The Service provides general informational guidance only. It is not professional mechanical advice, diagnosis, or repair. Vehicle systems vary and may have manufacturer‑specific procedures, safety hazards, and legal requirements.

• Always verify all advice, instructions, and data (including trouble codes and sensor readings) with a qualified, trusted mechanic before performing any work.
• OBD‑II and similar tools. Connecting devices, reading/clearing codes, or changing vehicle settings can create safety risks, void warranties, or violate laws (e.g., emissions). Clearing codes can mask underlying issues.
• No liability for vehicle damage. To the maximum extent permitted by law, we are not responsible for any damage to vehicles or property, loss of use, diminished value, failed inspections, warranty issues, emissions compliance issues, or other harms resulting from actions you take (or fail to take) based on the Service. You assume all risk for vehicle interactions and repairs and agree to use the Service only when it is safe to do so and never while driving.

8) Third‑Party Services, Devices, and Links

The Service may depend on or interoperate with third‑party services, identity providers, public data sources, and external devices (e.g., diagnostic adapters). We do not control or warrant third‑party products or data, and they may change or become unavailable without notice. Your use of them may be subject to their terms and privacy practices.

9) Changes to the Service

We may modify, suspend, or discontinue any part of the Service at any time, including imposing or adjusting usage limits, message caps, or access tiers. Where legally required, we will provide notice of material changes.

10) Subscriptions, Trials & Billing

Some features are offered through free and paid tiers. If you enroll in a paid subscription:

• Subscriptions may automatically renew until canceled. You can cancel at any time in your account settings or by contacting support.
• If a free trial is offered, it will convert to a paid plan unless canceled before the trial ends.
• Prices, features, and terms may change; we will give advance notice of material changes as required by law.
• We may use payment and subscription management partners to process your payments and entitlements; we do not store your full payment card information.

Refunds, if any, are provided consistent with applicable law and the policies of the payment provider you used.

11) Intellectual Property

The Service (including software, interfaces, text, graphics, logos, and other content) is owned by us or our licensors and is protected by intellectual‑property laws. Except for the license granted in §4, no rights are granted by implication or otherwise.

12) Feedback

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, transferable, sublicensable, worldwide, royalty‑free license to use and exploit them for any purpose without restriction or compensation.

13) Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR VEHICLE VALUE; COST OF SUBSTITUTE GOODS OR SERVICES; OR BUSINESS INTERRUPTION—EVEN IF ADVISED OF THE POSSIBILITY.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED US$100.

Some jurisdictions do not allow certain disclaimers or limitations; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

15) Indemnification

You will defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service or interaction with vehicles or devices; (b) your User Content; (c) your violation of these Terms or applicable law; or (d) any dispute between you and a third party (including any mechanic, device manufacturer, or data provider).

16) Dispute Resolution, Arbitration, Class‑Action Waiver, Jury Waiver

Please read this section carefully. It affects your rights.

• Informal resolution. Before filing a claim, you agree to email us a written Notice of Dispute at legal@hackhouse.io describing the claim and relief sought. If not resolved within 30 days, either party may initiate arbitration.
• Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, unless you and we agree otherwise in writing.
• Location & procedure. The seat and venue of arbitration is Phoenix, Arizona, USA. Proceedings may be conducted by video/telephone where permitted. One arbitrator will be appointed. The arbitrator may award individual relief but may not consolidate claims or preside over any form of representative or class proceeding.
• Class‑action & representative‑action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
• Jury trial waiver. If litigation is permitted (e.g., small‑claims court), YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
• Small‑claims & injunctive relief. Either party may bring an individual action in small‑claims court in Maricopa County, Arizona. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property or prevent unauthorized use or abuse of the Service.
• Severability. If the class‑action waiver is found unenforceable as to specific claims, then those claims must proceed in court (not arbitration), and the remainder of this section will remain in force.

17) Governing Law & Venue

These Terms are governed by the laws of the State of Arizona, USA, without regard to conflict‑of‑laws rules. Subject to §16, the exclusive venue for any permitted court action is the state or federal courts located in Maricopa County, Arizona, and you consent to their jurisdiction.

18) App Marketplace Providers (General)

If you obtained the app through any marketplace or platform provider, you acknowledge that such provider is not a party to these Terms, has no obligation to furnish any maintenance or support, and has no liability for the Service or claims arising out of it. You agree to comply with any applicable third‑party terms associated with your device or network.

19) Termination

You may stop using the Service at any time and may delete your account as described in the Privacy Policy. We may suspend or terminate your access immediately for any violation of these Terms, risk to users or the Service, non‑payment, or as required by law. Upon termination, your license ends and you must cease all use.

20) Changes to Terms

We may update these Terms from time to time. If we make material changes, we will provide notice as required by law. Your continued use after the effective date constitutes acceptance of the updated Terms.

21) Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

22) Limitation Period

Any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the claim arose; otherwise, that claim is permanently barred.

23) Severability; Waiver; Entire Agreement

If any provision is found unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver. These Terms constitute the entire agreement between you and us regarding the Service and supersede prior agreements relating to the Service.

24) Notices & Contact

We may provide notices via the Service, email, or your account. Questions about these Terms: