Openbay Terms of Service and Conditions

These Master License Terms and Conditions (“Terms and Conditions”) apply to any License Agreement related to a license to access and use Openbay Platforms and associated Services (as such capitalized terms are defined herein below).

Acceptance: Openbay, Inc. (Openbay) owns and operates the website www.openbay.com (Site). Openbay owns and operates an online marketplace platform for automotive service (Marketplace). Openbay develops, operates and distributes certain mobile software applications (Apps). Openbay also develops, operates and distributes certain software as a service platform (SaaS). The Site, Marketplace, Apps and SaaS, together with the referral, matching, service quoting and appointment services, and the data collection, storage, analysis and reporting tools, functions and services, that are provided by the Site, Marketplace, Apps, and/or SaaS are collectively referred to as the Service.

The Service is offered and provided subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Service). The Terms of Service shall be deemed to include all other operating rules, conditions, policies and procedures that are referred to herein or that may otherwise be published by Openbay, from time to time, at the Site, Marketplace, via any App (collectively, Policies), or via any SaaS platform, including without limitation, the Privacy Policy and Copyright Policy.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT REGISTER FOR, DOWNLOAD, ACCESS OR USE THE SERVICE. DOWNLOADING ANY APP, COMPLETING OUR REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE OF, AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY, ALL OF THESE TERMS OF SERVICE, WITHOUT MODIFICATION.

Updates: Openbay reserves the right, at its sole discretion, to update, modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. Openbay will use reasonable efforts to notify you of any material change in advance of the effective date of any change. Change notices may be communicated by postings at the Site, on the Marketplace, via the Apps, via SaaS platform, e-mail or otherwise. In any case, you should periodically check the Policies and other Terms of Service for changes. Continued access or use of the Service following any change to the Terms of Service constitutes your acceptance of those changes. The Terms of Service may not otherwise be amended, as they apply to you, except by a written agreement executed by you and Openbay.

Openbay may modify, suspend or terminate the Service (including without limitation, the Site, marketplace, any App, or SaaS), in whole or in part, at any time.

Eligibility: The Service is intended by Openbay to be made available to individuals of all ages. However, if you are under the age of 18, you should review these terms of service with your parent or guardian to make sure that you or your parent or guardian understand the terms contained in these terms of service. The Service is intended by Openbay to be made available only to individuals who are at least 18 years old. If you do not qualify, then you are prohibited from downloading, accessing, using and registering for the Service. Openbay will not collect personally identifiable information from any person who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided personally identifiable information, Openbay will take steps to remove such information and terminate that individual’s account, access and use of the Service. Openbay may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.

Registration: The Service may be accessed several ways: by visiting the Site directly; or by using a web plug-in that is made available to you by Openbay; or by using an App that is downloaded from Openbay (or a Channel Partner), which then communicates with Openbay’s web servers; or by using a widget that is made available to you by a Channel Partner, which operates or otherwise connects to Openbay’s web servers (and which may operate within a frame or wrapper provided by the Channel Partner). The term Channel Partner means any Internet publisher, website operator, reseller, distributor or other third party who is authorized to drive user traffic, or facilitate access, to the Service pursuant to arrangements with Openbay.

Regardless of how you access the Service, to ensure the integrity of the Service, you must complete an account registration process and provide Openbay with current, complete and accurate information, as more specifically required by then current registration procedures and operational prompts.

By way of illustration and not limitation, you may be required to provide the following information in order to establish your account and register for and use the Service: name, address, telephone number, e-mail address, vehicle information (make, model, year, mileage and VIN), username, password and certain preferences and permissions (such as, for example, preferred contact method). You are required to maintain and update your registration data from time to time, to ensure that it is always current, complete and accurate.

Openbay may refuse to accept your application to register for the Service, in its sole discretion. Upon acceptance, Openbay will establish access credentials for your account. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and you will be solely liable for any and all activities under your account. You agree to notify Openbay immediately of any unauthorized use of your account or any other breach of security related to the Service.

Vehicle Services on Openbay: The Service includes the ability for users to investigate, compare service estimates, book appointments, purchase vehicle maintenance services, mechanical repair services, roadside assistance, vehicle transportation and related services (Vehicle Services) from certain dealerships, independent repair shops and independent contractors (Automotive Service Businesses, Towing Companies & Vehicle Transportation Companies). Based on your query, Openbay will solicit service estimates on your behalf from automotive service businesses, Towing Companies or Vehicle Transportation Companies that are willing to provide for your requested Vehicle Services.

Vehicle Services on Openbay+: The Service includes the ability for users to investigate, compare service estimates, book appointments, purchase vehicle maintenance services, mechanical repair services, roadside assistance, vehicle transportation and related services (Vehicle Services) from certain dealerships, independent repair shops and independent contractors (Automotive Service Businesses, Towing Companies & Vehicle Transportation Companies). Based on your query, Openbay will solicit service estimates at a discount on your behalf from automotive service businesses, Towing Companies or Vehicle Transportation Companies that are willing to provide for your requested Vehicle Services.

For clarity, all Vehicle Services are provided by the applicable automotive service business, Towing Company or Vehicle Transportation Company, not Openbay. Accordingly, Vehicle Services are not deemed to be within the scope of the Service offered and provided by Openbay, and Openbay (and its Business Partners, other than the applicable automotive service business, Towing Company or Vehicle Transportation Company) have no obligation or liability regarding Vehicle Services.

As a result of its limited role as an intermediary between you and the Vehicle Service providers, Openbay has no control over the quality, timeliness, price, guarantees, risks or damages related to Vehicle Services. Therefore, you agree, in connection with any use of the Service resulting in the purchase and performance of Vehicle Services: (a) to release Openbay (and its Business Partners, other than the applicable automotive service business, Towing Company or Vehicle Transportation Company from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such Vehicle Services (including any disputes arising therefrom); and (b) to attempt to settle any dispute directly with the applicable Vehicle Service provider.

Fees and Payments: Except as expressly provided otherwise in the Terms of Service, each user is solely responsible for all of its costs and expenses related to the Service.

At this time, as a vehicle owner you may access and use the Service without charge. In the future, Openbay may decide to charge for certain Apps or other features of the Service (or to change the price charged for such Apps and features), in which case you will be notified of that change. Should you elect to obtain any such fee-bearing App or feature, you hereby agree to pay all applicable fees, in the amounts, at the times and subject to any other conditions established for that App or feature. Such fees may be specified on a recurring basis (e.g., subscription or usage fees) or non-recurring basis (e.g., one-time fees).

You are solely liable for the cost of Vehicle Services you receive. The price for Vehicle Services (including any applicable taxes) will be established by the applicable automotive service business, as set forth in the offer you accepted (or as increased or decreased as a result of changes in the scope of Vehicle Services to which you and the automotive service business have agreed).

Subscription Services (Service Advisor, Otis): The Service includes an automated online service request and quoting platform (Openbay Service Advisor) and an AI (artificial intelligence) powered messaging platform (Openbay Otis). Service Providers subscribing to Openbay Service Advisor and/or Openbay Otis Quoting Services can accept requests and issue quotes themselves or Openbay can accept and quote on the Service Provider’s behalf. The requests for service can originate from the Service Provider’s own website or from Openbay’s marketplace depending on the subscription plan chosen.

Openbay may modify the subscription service from time to time, including by adding and deleting functions in an effort to improve your experience. But we will not make changes to the subscription service that materially reduce the functionality of the subscription service provided to you during the subscription term.

Fees & Payments for Subscription Services: Unless otherwise indicated on a form referencing these Terms all charges associated with your access to and use of the Subscription Services “Subscription charges” are due monthly upon commencement of your subscription term or, with respect to a plugin, at the time that such plugin is made available to customer via email. Subscription charges are non-refundable. There will be no refunds or credits for partial service periods, upgrade/downgrade refunds, or refunds for service periods unused with an open account.

Subscription fees for Openbay Service Advisor and Openbay Otis will remain fixed during the subscription term unless you (i) upgrade products or (ii) subscribe to additional features. Where a price change applies to you we will charge you under the new price structure starting with the next billing period in the subscription term.

Payment by credit card or other forms of payment. You authorize us to charge your credit card for all fees payable during the subscription term. You further authorize us to use a third party to process payments. Publicity: You grant us the right to add your name and company logo to our customer list and website.

Customer Data: Aggregate Data. We may monitor use of the subscription service by all of our customers and use the data gathered in an aggregate and anonymous manner provided that such information does not incorporate any customer data and/or identify you.

Subscription Services (Openbay+):

Subscription Terms and Conditions for Openbay+

These terms and conditions for Openbay+ govern your purchase and use of Openbay+, which is a subscription service that renews automatically (“Subscription”) offered by Openbay, Inc. Participation in the Subscription is subject to these terms and conditions for Subscription services and Openbay Terms of Service and Conditions found herein. Openbay is a technology company which provides web and mobile applications for users and partners find and book automotive services with automotive service professionals of such services. Openbay is not a provider of automotive services, as such all benefits and discounts offered under the Subscription are offered on an “as available” basis, contingent upon service professional’s availability to provide the services. Subscription is provided in connection with use of the Openbay user-facing web application.

How to Gain Access to Openbay+

Openbay+ is generally available through Openbay partners. Openbay+ may be bundled with third party offerings, such as vehicle service contracts, advisory services, financial products and services, and other services related to automotive. You may receive an offer via email, in-app notification, or via third party website promoting Subscription benefits and pricing information (“Offer”). Each partner’s Offer will include important details and terms, such as where and when a Subscription may be used, the benefit(s) connected to the Subscription (”Benefits”), the cost of the Subscription (“Subscription Price”), and the billing interval (“Billing Cycle”). Please refer to your Offer for details before purchasing the Subscription. When you buy a Subscription you agree to have your credit card charged every Billing Cycle on a recurring basis, you agree to these Subscription Terms, as well as the specific terms of the Offer. Offers are limited and subject to change.

By participating in this Subscription you are agreeing to these Subscription Terms. If you do not agree to these Subscription Terms, do not participate in the Subscription.

Duration and Billing Cycles

When you purchase a Subscription, you’ll be charged the Subscription Price for your first Billing Cycle on the date of purchase, which activates the Subscription for the term set forth in your Offer. Unless you cancel, you’ll be charged at the Billing Cycle stated in your Subscription Offer based on the initial purchase date on your selected payment method. By default (and with prior notice to the extent required by applicable law), your Subscription will automatically renew at the beginning of each billing cycle, and the Subscription Price will be automatically charged to the payment method originally used to purchase the Subscription or in the event of an expired payment method, a new payment method will be required. If you do not want your Subscription to automatically renew, you can cancel your Subscription in accordance with section “Canceling Your Subscription”, herein.

If your selected payment method is declined, Openbay or Openbay’s partner will prompt you for a new payment method. Openbay or Openbay’s partner will also automatically retry your selected payment method periodically over the course of your billing cycle to help you get back to enjoying the benefits of your Subscription. Openbay or Openbay’s partner reserves the right to terminate your Subscription with no further charges to you if Openbay or Openbay’s partner is unable to collect payment from you. Openbay and Openbay’s partner are not responsible for any fees charged by the cardholder’s bank including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees, cross border fees, and other penalties levied by the cardholder’s bank.

Canceling Your Subscription

You may cancel your Subscription by contacting Openbay or Openbay’s partner up to 48 hours prior to your next scheduled payment to avoid further charges. If you cancel your Subscription, you will still have access to Subscription Benefits until the end of the current Billing Cycle. All payments are non-refundable and non-transferable, and will not be refunded on a pro-rata basis for any cancellation initiated during a Billing Cycle.

Free Trial.

Openbay and/or Openbay partners may offer some users a free trial or other promotional subscription to the Subscription. Such trial or promotional subscriptions are subject to these Subscription Terms except as otherwise stated in your Offer. Only one trial or promotional subscription is available per user. Free trial eligibility is determined by Openbay at its sole discretion and Openbay may limit such eligibility or duration to prevent free trial abuse. Certain limitations may exist with respect to combining a free trial with any other offers.

Changes to Subscriptions

Openbay and Openbay’s partner reserves the right to modify or stop offering Subscriptions or change Subscription Price or Benefits, at any time in its sole discretion. In the event Openbay or an Openbay partner increases the Subscription Price, Openbay or Openbay’s partner will provide you with thirty (30) days prior notice via email before such changes take effect. All changes will be effective upon your next Billing Cycle, but if you do not agree with the price change, you have the right to reject the new Subscription Price and may avoid these charges by canceling your Subscription according to the instructions in section “Canceling Your Subscription”, herein.

Openbay and Openbay’s partner may terminate your Subscription at its discretion without notice. If that happens, Openbay or Openbay’s partner will give you a pro-rated refund based on charges already applied to your current billing period. We will not give any refund for termination related to conduct that we determine, in our sole discretion, violates these Subscription Terms, any applicable law, or involves fraud or misuse of the Subscription.

Changes to Subscription Terms

Openbay reserves the right to modify these Subscription Terms. If we make material changes to the Subscription Terms while you have an active Subscription, we will notify you via email. Your continued use of a Subscription constitutes your acceptance of the revised Subscription Terms. If you are not willing to agree to the revisions, you may cancel your Subscription in accordance with section “Canceling Your Subscription” herein.

Transfer of Rights

Openbay’s rights and obligations under the Subscription may be assigned or transferred by Openbay to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity. Interpretation of Subscription Terms

All interpretations of these Subscription Terms will be at Openbay’s sole discretion and Openbay’s decisions will be final.

Disclaimer

The Subscription and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons. We are not responsible for any unavailability, interruptions or errors of the Subscription or its features. Openbay or an Openbay partner may from time-to-time request information from you to confirm your identity before renewing your Subscription. Openbay or an Openbay partner may delay your access to your Subscription until you comply with this information request. The Subscription and all the information accessible through it are provided for information purposes only on an “as is” and “as available” basis. We, our information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Subscription, the information, materials, content, availability, and products. Subscriptions and these Subscription Terms are provided by Openbay and do not modify the contractual relationships among or between the individuals and entities that use Openbay’s technology to offer goods or services, and Openbay or any Openbay affiliates, except as expressly set forth herein. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Contact Us

If you have questions or comments regarding Subscriptions you may memberservices@openbay.com

SMS Messaging:

When opted-in, you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages will include offers from service providers and appointment reminders. You can opt-out of this service at any time. Just text “STOP” to the phone number. After you text “STOP” to us, we will send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text “START,” and we will start sending SMS messages to you again. If you are experiencing any issues you can get help directly from us at 888-601-0399 or memberservices@openbay.com.

Carriers, such as AT&T, are not liable for delayed or undelivered messages.

Message and data rates may apply for any messages sent to you from us and to us from you. Message rates vary based on how much the user interacts with the platform. If you have any questions about your text plan or data plan, please contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy.

Last update: Jan 2024