BrainBay Inc.
Terms of Use
These terms cover the BrainBay website, the app at app.brainbay.pro, and the related software (the “service”). By requesting access or using the service, you agree to them. If you do not agree, do not use the service.
If you use BrainBay for a shop, you are agreeing for that shop, and you represent that you are allowed to do so.
1. What BrainBay is
BrainBay is a diagnostic workspace for independent auto repair shops. It keeps a path on the vehicle and can put the diagnosis on the repair order. It is decision support.
The technician still makes the diagnosis. BrainBay does not replace a qualified technician, the shop’s procedure library, the factory procedure, or the safety steps the job requires. The shop is responsible for the diagnosis, the repair, and the safety of the job.
The AI model can make mistakes, and it can invent a measurement, a code, or a repair that was not on the vehicle. BrainBay keeps strong measures in place to limit those mistakes. A suggestion has to stay on this case. A repair that only restates the complaint is not accepted as confirmed. A procedure page that does not match the job is left out of the next suggestion. The technician still has to confirm the diagnosis.
Do not treat a suggestion as verified where a mistake could injure someone or damage the vehicle. Check it the way the shop would check any other lead.
2. Access and accounts
Access is granted by BrainBay. A request on the website is a request, not an account. When a shop has an account, that shop is responsible for its users, for keeping sign-in details private, and for what happens under those accounts. Account details must be accurate.
We email an address you give us only about access and product updates.
3. Acceptable use
You agree not to:
- use the service to break the law, or to mislead a customer about a diagnosis;
- try to get into another shop’s data, or into BrainBay systems you are not allowed to use;
- interfere with the service, or upload malware;
- copy or reverse engineer the service, except where the law does not allow that limit.
4. Shop data
The shop keeps ownership of the repair orders, scans, notes, photos, and other material it submits (“shop data”). The shop gives BrainBay permission to host, process, and display that data so the service can run, and to use it to maintain and improve the service.
The shop is responsible for having the right to submit that data, including customer and vehicle information.
The access form on this website sends the email, shop name, and note you type so we can reply. That form is handled by Formspree. It is not stored as a case in the app.
5. Procedure pages
A technician may send text from a repair-information page already open on the bay PC, such as ALLDATA, Mitchell 1, Identifix, MOTOR, or an automaker portal, into the current job.
The shop represents that it holds a license for any site it captures from. Capture is started by the technician. BrainBay does not log into those sites, does not collect them in the background, and does not give one shop’s captured pages to another shop. Captured text and images are shop data, and they are removed when the job is closed. A source address may be kept so someone at that shop can open the page again in their own licensed session.
6. Other companies’ services
The service connects to services BrainBay does not run. Those include the shop’s system of record (Tekmetric today), sign-in, and the AI model that drafts suggestions. BrainBay is not responsible for those services, their availability, or their terms. A connection can fail, and a write-back to a repair order can fail. The shop should confirm the ticket before it is presented to the customer.
7. BrainBay’s property
The service, including the software and this website, belongs to BrainBay Inc. and its licensors. Shop data stays the shop’s. These terms do not give any other right to the service.
8. No warranty
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT THE LAW ALLOWS, BRAINBAY DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
BrainBay does not promise that the service will be uninterrupted, or that a suggestion will be right for the car in the bay.
9. Limits on liability
TO THE MAXIMUM EXTENT THE LAW ALLOWS, BRAINBAY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF THE SERVICE.
TO THE MAXIMUM EXTENT THE LAW ALLOWS, BRAINBAY’S TOTAL LIABILITY FOR CLAIMS ARISING OUT OF THE SERVICE WILL NOT EXCEED THE AMOUNT THE SHOP PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR ONE HUNDRED U.S. DOLLARS IF THE SHOP HAS NOT PAID.
10. Indemnity
The shop will defend BrainBay and its affiliates, officers, employees, and licensors against a claim brought by someone else that arises from the shop’s use of the service, the shop’s data, or the shop’s break of these terms or the law, and will cover the resulting damages, losses, and reasonable attorneys’ fees.
11. Stopping access
BrainBay may suspend or end access if these terms are broken, if an account creates a security risk, or if that is needed to protect the service or other shops. The shop may stop using the service at any time.
The sections on shop data ownership, BrainBay’s property, warranties, liability, indemnity, and governing law still apply after access ends.
12. Changes
BrainBay may change the service, or these terms. The current terms are the ones posted at this address. Continuing to use the service after an update means the shop accepts the updated terms.
13. Governing law
These terms are governed by the laws of the state where BrainBay Inc. is organized, without regard to conflict-of-law rules, except where the law requires otherwise.
14. Contact
Questions about these terms can be sent through the access form on brainbay.pro.