MotorFyx Terms of Service Last Updated: December 15, 2025

SECTION 1 — DEFINITIONS

For purposes of these Terms of Service (“Terms”), the following definitions shall apply:

1.1 “MotorFyx,” “Company,” “we,” “us,” or “our” refers to MotorFyx Inc., a Delaware corporation.

1.2 “Services” refers to all software, scheduling systems, online booking tools, AI-enabled call handling systems, SMS and messaging tools, websites, mobile interfaces, APIs, content delivery services, data processing systems, and all technology or functionality provided by MotorFyx that reference these Terms.

1.3 “Customer” refers to any automotive repair business, service center, dealership, franchise, or related entity that purchases, subscribes to, accesses, or uses the Services in connection with its commercial operations. “Customer” includes the Customer’s employees, representatives, technicians, contractors, agents, and any person acting on its behalf.

1.4 “End User” refers to any individual consumer, vehicle owner, or other person who accesses or uses the Services for the purpose of requesting, scheduling, modifying, or communicating regarding an appointment with a Customer.

1.5 “Plan” refers to any subscription plan, pricing page, written agreement, online checkout, or electronic order setting forth the fees, billing terms, features, and subscription period applicable to the Customer’s use of the Services.

1.6 “Content” refers to any text, images, videos, data, messages, information, audio recordings, or other materials uploaded, transmitted, or otherwise made available through the Services.

1.7 “AI Systems” refers to MotorFyx automated call-handling, voice interaction, message automation, booking-link SMS delivery, and any machine-learning model or logic deployed within the Services.

SECTION 2 — SCOPE OF SERVICES; NATURE OF RELATIONSHIP

2.1 MotorFyx provides digital scheduling, communication, call-handling, and appointment-management tools intended to facilitate interactions between Customers and End Users. The Services enable End Users to request or book appointments and enable Customers to receive, manage, and respond to such requests.

2.2 MotorFyx is not an automotive repair provider, broker, insurer, claims processor, or agent for any Customer. MotorFyx does not monitor, supervise, direct, control, or guarantee:

the quality, timing, legality, safety, or appropriateness of any automotive work performed;
the accuracy of any estimates, prices, or appointment availability;
the conduct of Customers, their employees, or End Users;
the completion of any appointment or service; or
any statements, representations, or omissions made by Customers or End Users.

2.3 MotorFyx is not a party to any service transaction between Customers and End Users. MotorFyx has no responsibility for disputes concerning workmanship, payment, scheduling, warranties, negligence, service outcomes, or any damages or injuries arising from interactions between Customers and End Users.

2.4 Appointment availability shown through the Services is determined exclusively by the Customer. MotorFyx does not verify business hours, capacity, operational readiness, or changes in Customer schedules.

SECTION 3 — ELIGIBILITY AND ACCOUNT RESPONSIBILITIES

3.1 End Users.
End Users must be at least eighteen (18) years of age and have the legal capacity to enter binding contracts. End Users do not create password-based accounts; however, any information submitted through the booking interface must be accurate, complete, and lawful.

3.2 Customers.
Customers represent and warrant that:

(a) they are duly authorized to enter into these Terms;
(b) all personnel interacting with the Services are authorized to do so;
(c) all business data, availability, pricing, and operational information provided through the Services is accurate and updated promptly; and
(d) they will comply with all federal, state, and local regulations governing automotive repair, consumer communications, privacy, and business conduct.

SECTION 4 — LICENSE GRANT AND RESTRICTIONS

4.1 License.
MotorFyx grants End Users and Customers a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services strictly in accordance with these Terms.

4.2 Restrictions.
Users expressly agree not to:

(a) copy, reproduce, modify, distribute, or create derivative works of the Services;
(b) reverse engineer, disassemble, analyze, or attempt to discover underlying source code, algorithms, structures, or designs;
(c) build or assist in building any competing product or service using, referencing, or derived from the Services;
(d) scrape, extract, or harvest data using automated tools without written authorization;
(e) circumvent, disable, or tamper with security or authentication systems;
(f) conduct load testing, penetration testing, or technical analysis without consent;
(g) sell, rent, sublicense, transfer, or commercialize access to the Services; or
(h) use the Services in violation of any applicable law or regulation.

4.3 Intellectual Property Ownership.
All intellectual property rights in the Services—including software, algorithms, databases, user interfaces, design elements, AI Systems, trademarks, copyrights, and trade secrets—are exclusively owned by MotorFyx. No rights are granted except as explicitly stated herein.

SECTION 5 — SCHEDULING, DATA STORAGE, AND CUSTOMER COMMUNICATIONS

5.1 Appointment Data Storage.
End User appointment details, messages, timestamps, call logs, and related information submitted through the Services may be stored by MotorFyx for operational and compliance purposes. MotorFyx may also retain records to improve Service functionality, provide analytics to Customers, and support AI Systems.

5.2 Customer Responsibility.
Customers are solely responsible for:

(a) reviewing and responding to appointment requests;
(b) honoring or modifying appointments;
(c) communicating with End Users regarding cancellations, delays, or service details;
(d) complying with any legal requirements related to customer communication, recordkeeping, or privacy; and
(e) verifying the authenticity and accuracy of End User information.

MotorFyx bears no responsibility for failures by Customers to respond, confirm, or manage appointments.

SECTION 6 — AI CALL SYSTEMS AND AUTOMATED MESSAGING

6.1 AI Voice Handling.
Customers acknowledge and agree that MotorFyx may use AI Systems to (i) receive calls on their behalf outside normal business hours, (ii) provide automated responses, and (iii) transmit booking links or messages to callers.

MotorFyx does not guarantee error-free AI responses or interpretations.

6.2 Automated SMS and Booking Links.
MotorFyx may send automated text messages to End Users who call after hours or submit scheduling information. Such messages may contain booking links, confirmations, reminders, or follow-up communications.

SECTION 7 — PHONE NUMBERS, SMS CONSENT, AND COMMUNICATIONS

7.1 Collection and Use.
MotorFyx may collect End User and Customer phone numbers when voluntarily provided or when interactions occur using MotorFyx telephony systems. Phone numbers are used to facilitate scheduling, confirmations, reminders, support, and promotional communications.

7.2 Consent.
By providing a phone number, End Users and Customers expressly consent to receive SMS and automated communications. Message and data rates may apply.

7.3 Opt-Out.
Users may opt out by replying STOP. Opting out may limit access to certain functionality.

SECTION 8 — USER CONTENT

Users represent that they own or have the legal right to submit any Content uploaded or transmitted through the Services. By submitting Content, Users grant MotorFyx a worldwide, royalty-free, sublicensable license to use, reproduce, host, modify, transmit, display, and create derivative works solely for operating, improving, or promoting the Services.

MotorFyx may remove any Content that violates these Terms or applicable laws.

SECTION 9 — FEES, BILLING, AND PAYMENT TERMS (CUSTOMERS ONLY)

9.1 Fees.
Fees for the Services shall be those specified in the applicable Plan, pricing page, subscription agreement, or written proposal. No pricing appears in these Terms.

9.2 Billing.
Customers authorize MotorFyx to charge all fees automatically to the payment method on file. Fees are non-refundable except as required by law.

9.3 Modification of Fees.
MotorFyx may modify pricing upon renewal of any subscription term.

9.4 Delinquency.
Failure to pay fees may result in suspension or termination of access.

SECTION 10 — DATA RIGHTS AND ANALYTICS

MotorFyx may process aggregated or anonymized data for:

improving scheduling algorithms;
developing AI Systems;
generating analytics for Customers;
enhancing platform performance;
internal research and development.

No personal data is sold.

SECTION 11 — AVAILABILITY AND MODIFICATIONS

MotorFyx does not guarantee uninterrupted or error-free operation of the Services. Maintenance, updates, infrastructure changes, outages, or third-party failures may affect availability.

MotorFyx may modify, enhance, replace, or discontinue features at any time.

SECTION 12 — THIRD-PARTY SERVICES AND INTEGRATIONS

MotorFyx may integrate with external systems, including but not limited to Google services, shop management systems, telephony providers, SMS carriers, and mapping software.

MotorFyx is not liable for:

third-party downtime;
inaccuracies or failures caused by third parties;
loss of data resulting from external integrations.

SECTION 13 — DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MOTORFYX DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE.

MOTORFYX DOES NOT WARRANT THAT:

(a) the Services will meet Customer or End User requirements;
(b) the Services will be uninterrupted or error-free;
(c) appointment data will be accurate or delivered without delay; or
(d) communications will be received by Customers or End Users.

MOTORFYX SHALL NOT BE RESPONSIBLE FOR ANY ACTS, ERRORS, OMISSIONS, WARRANTIES, REPRESENTATIONS, OR FAILURES BY CUSTOMERS OR END USERS.

SECTION 14 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

14.1 MOTORFYX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR DAMAGES RESULTING FROM SERVICE FAILURES OR CUSTOMER/END USER DISPUTES.

14.2 MOTORFYX’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:

(a) TWO HUNDRED U.S. DOLLARS (USD $200), OR
(b) THE AMOUNT PAID BY THE CUSTOMER TO MOTORFYX IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SECTION 15 — INDEMNIFICATION

Customers and End Users agree to defend, indemnify, and hold harmless MotorFyx and its officers, directors, employees, and agents from any claims, damages, liabilities, losses, or expenses arising from:

(a) their use of the Services;
(b) any Content submitted;
(c) disputes between Customers and End Users;
(d) violations of these Terms;
(e) violations of applicable law.

SECTION 16 — TERMINATION

MotorFyx may suspend or terminate access to the Services at any time for:

violation of these Terms;
illegal or harmful conduct;
non-payment;
operational or security concerns.

Upon termination, all licenses granted herein shall immediately cease.

SECTION 17 — GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the laws of the State of Delaware.

Except where prohibited, disputes shall be resolved by binding arbitration in New Castle County, Delaware, under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”). Arbitration shall be conducted on an individual basis, and class actions are waived.

SECTION 18 — MISCELLANEOUS

These Terms constitute the entire agreement between Users and MotorFyx regarding the Services.
Invalidity of any provision shall not affect the remaining provisions.
MotorFyx may assign these Terms.
No waiver shall be deemed continuing.

SECTION 19 — CONTACT INFORMATION

MotorFyx Inc.
1207 Delaware Ave STE 125
Wilmington, DE 19806
Phone: +1-888-458-5558
Email: info@motorfyx.com