1. Acceptance of Terms
Welcome to CollisionOS! These Terms of Service ("Terms") constitute a legally binding agreement between you and CollisionOS (a sole proprietorship operating in Vancouver, British Columbia, Canada) governing your use of our cloud-based shop management system.
By creating an account, accessing, or using CollisionOS, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.
Key Points:
- You must read and agree to these Terms before using CollisionOS
- These Terms apply to all users, including trial users and paid subscribers
- You should review these Terms periodically for updates
- Continued use after changes to Terms constitutes acceptance of those changes
Agreement to Privacy Policy: Your use of CollisionOS is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By agreeing to these Terms, you also agree to our Privacy Policy.
2. Eligibility & Account Registration
2.1 Who Can Use CollisionOS
CollisionOS is designed for auto body repair shops operating in British Columbia, Canada. To create an account and use our services, you must:
- Be at least 18 years of age - CollisionOS is restricted to users 18 years or older
- Operate a legitimate auto body shop - You must be a licensed repair facility or authorized shop representative
- Have legal authority - You must have the authority to bind your business to these Terms
- Provide accurate information - All registration details must be truthful and current
- Comply with applicable laws - You must comply with all BC and Canadian laws
2.2 Prohibited Users
The following are NOT permitted to use CollisionOS:
- ❌ Competing shop management software companies
- ❌ Individuals under 18 years of age
- ❌ Users who have been previously banned or terminated
- ❌ Anyone using another person's account without authorization
- ❌ Entities engaged in illegal activities
2.3 Account Registration Requirements
When you create a CollisionOS account, you must:
- Provide accurate shop name, contact information, and business details
- Use a valid email address that you regularly check
- Create a secure password or use a trusted authentication method (Google OAuth, phone, email link)
- Keep your login credentials confidential and secure
- Notify us immediately of any unauthorized access to your account
2.4 Account Responsibility
You are responsible for all activity that occurs under your account, including actions taken by employees, technicians, or other users you authorize. You must:
- Maintain the security of your account credentials
- Monitor user access and permissions
- Report suspicious activity or security breaches immediately
- Ensure authorized users comply with these Terms
One account per shop: Each auto body shop should maintain one CollisionOS account. Multi-user access is available through subscription plans (see Section 3).
3. Subscription Plans & Pricing
CollisionOS operates on a subscription-based model. We offer two primary plans designed for shops of different sizes:
3.1 Plan Tiers
| Feature |
Basic Plan |
Premium Plan |
| Monthly Price |
$149/month |
$249/month |
| Annual Price |
$127/month (billed $1,524/year) |
$212/month (billed $2,544/year) |
| Annual Savings |
15% discount |
15% discount |
| Included Users |
Up to 2 users |
Up to 10 users |
| Additional Users |
$40/month each |
$40/month each |
| Repair Orders |
Unlimited |
Unlimited |
| Cloud Storage & Backups |
✅ Included |
✅ Included |
| Technician Portal |
✅ Included |
✅ Included |
| ICBC Rules Assistant |
✅ Included |
✅ Included |
| Mitchell XML Import |
✅ Included |
✅ Included |
| Priority Email Support |
❌ |
✅ Included |
| Advanced Reporting |
❌ |
✅ Included |
| Custom Workflows |
❌ |
✅ Included |
| API Access |
❌ |
✅ Included |
3.2 Free Trial Period
We offer a 14-day free trial to new users:
- No credit card required - Start your trial without providing payment information
- Full feature access - All Basic and Premium features available during trial
- Unlimited repair orders - Create as many repair orders as needed to evaluate the system
- No automatic charges - We will never charge you without explicit consent
- Trial expiration - After 14 days, account automatically converts to read-only mode if not upgraded
What happens after trial? If you don't upgrade to a paid plan, your account moves to read-only mode. You can still view all your data and export backups, but you cannot create new repair orders or edit existing records. See Section 6 for details.
3.3 User Limits & Enforcement
Basic Plan: Maximum 2 users
Premium Plan: Maximum 10 users
Additional users: $40/month per additional user (automatically billed)
Enforcement: Our system monitors active user counts. If you exceed your plan limits:
- You'll receive a prompt to upgrade or add additional user licenses
- Exceeding limits may result in account restrictions
- Additional user fees will be automatically added to your next invoice
3.4 Price Changes
We reserve the right to change subscription prices at any time, but we will:
- Provide 30-day advance notice via email before any price increase
- Honor existing subscriptions - Current subscribers maintain their rate for the remainder of their billing period
- Annual plans protected - If you prepay annually, your rate is locked for the full year
- Cancel anytime - You can cancel before the price change takes effect
4. Payment Terms
4.1 Accepted Payment Methods
We accept the following payment methods via Stripe (our secure payment processor):
- Credit cards (Visa, Mastercard, American Express)
- Debit cards
- Annual prepayment (15% discount)
We do NOT accept: Cash, checks, wire transfers, cryptocurrency, or purchase orders.
4.2 Billing Cycle
Monthly subscriptions:
- Charged on the same day each month (based on your signup date)
- Example: If you sign up on the 15th, you'll be billed on the 15th of each month
- Automatic renewal unless canceled
Annual subscriptions:
- Charged once per year on your anniversary date
- 15% discount compared to monthly billing
- Automatic renewal unless canceled before renewal date
Mid-cycle upgrades: If you upgrade from Basic to Premium or add users mid-cycle, you'll be charged a pro-rated amount for the remainder of your billing period.
4.3 Failed Payments
If your payment fails (expired card, insufficient funds, etc.):
- Day 0: Account status changes to "past_due" - service continues normally
- Day 1-7: 7-day grace period - we'll attempt to charge your card and send email reminders
- Day 8: Service suspended - account moves to read-only mode
- Day 30: Account may be terminated if payment not received
To resolve: Update your payment method in account settings or contact support@collisionos.ca for assistance.
4.4 Refund Policy
Trial period:
- No charges during trial - cancel anytime with no fees
Monthly subscriptions:
- No refunds for partial months
- Cancellation takes effect at end of current billing period
- You retain access until the paid period expires
Annual subscriptions:
- Within 30 days: Pro-rated refund available if you cancel within 30 days of annual payment
- After 30 days: No refunds for remaining months
- Cancellation takes effect at end of annual term
No refunds for: Violations of Terms, account terminations for cause, downtime or service interruptions, dissatisfaction with features, or user error.
4.5 Taxes
All prices are stated excluding applicable taxes. The following taxes will be added to your invoice based on your location:
- British Columbia: GST (5%) + PST (7%) = 12% total
- Other provinces: GST, HST, or PST as applicable
Tax rates are automatically calculated and applied based on your shop's address. Changes to tax rates (e.g., government policy changes) will be reflected immediately.
5. Service Availability & Uptime
5.1 Target Uptime
We strive to provide reliable service with a target uptime of 99.5% monthly availability. However, as a sole proprietorship, we provide service on a best-effort basis and do not guarantee uptime.
No SLA (Service Level Agreement): CollisionOS does not provide a formal SLA or uptime guarantee. We are not liable for downtime, service interruptions, or lost productivity. This is critical for sole proprietorship liability protection.
5.2 Scheduled Maintenance
We perform periodic maintenance to improve service quality:
- Advance notice: At least 48 hours notice via email and in-app notification
- Maintenance windows: Typically scheduled during off-peak hours (late night/early morning Pacific Time)
- Expected duration: Most maintenance windows last 1-4 hours
5.3 Emergency Maintenance
In case of critical security issues or system failures:
- We may perform emergency maintenance without advance notice
- We will notify users as soon as possible via email and status updates
- We will work to restore service as quickly as possible
5.4 Service Interruptions
Service may be interrupted due to:
- Firebase/Google Cloud outages - Our cloud infrastructure provider
- Internet connectivity issues - Your ISP or network problems
- Security incidents - DDoS attacks, security breaches, etc.
- Force majeure events - Natural disasters, pandemics, government actions, etc.
We are not liable for service interruptions or downtime, regardless of cause. See Section 12 (Limitation of Liability) for details.
5.5 No Compensation for Downtime
As a best-effort service, we do not provide:
- ❌ Refunds or credits for downtime
- ❌ Compensation for lost business or productivity
- ❌ Guaranteed response times for outages
Mitigation: We recommend using the offline-capable Electron desktop app and regularly exporting backups to minimize impact of service interruptions.
6. Read-Only Mode
When your subscription is not active (trial expired, canceled, or payment failed), your account automatically enters read-only mode.
6.1 When Read-Only Mode is Triggered
- Trial expiration: Your 14-day free trial ends without upgrading to a paid plan
- Subscription canceled: You cancel your subscription (effective at end of billing period)
- Payment failure: Payment fails and is not resolved within 7-day grace period
- Subscription not renewed: You choose not to renew at the end of your billing period
6.2 What You CAN Do in Read-Only Mode
- ✅ View all existing data - Access all repair orders, customers, vehicles, technicians, appointments, etc.
- ✅ Export backups - Download JSON backup files containing all your shop data
- ✅ View settings - Check your shop configuration and user settings (read-only)
- ✅ Search and filter - Use search functionality to find specific records
- ✅ View reports - Access existing reports and analytics
6.3 What You CANNOT Do in Read-Only Mode
- ❌ Create new repair orders - Cannot add new jobs to the system
- ❌ Edit existing records - Cannot modify repair orders, customer info, or any data
- ❌ Add users or technicians - Cannot create new user accounts or technician profiles
- ❌ Upload images or documents - Cannot add new photos or files
- ❌ Import estimates - Cannot import Mitchell XML or BMS files
- ❌ Use ICBC Rules Assistant - Search functionality is disabled
- ❌ Modify settings - Cannot change shop configuration or preferences
Purpose of Read-Only Mode: This ensures you always have access to your data for export and review, even if you stop paying. You won't lose access to historical records needed for taxes, audits, or customer inquiries.
6.4 Duration of Read-Only Mode
Your account remains in read-only mode:
- Until you reactivate: Upgrade to a paid plan to restore full access immediately
- Indefinitely: We retain your data so you can export it whenever needed
- Upon request: You can request deletion of your account and data at any time
6.5 Reactivating Your Account
To restore full access:
- Log in to your read-only account
- Click "Upgrade" or "Reactivate Subscription"
- Select a plan (Basic or Premium)
- Provide payment information
- Full access is restored immediately upon successful payment
7. Acceptable Use Policy
You agree to use CollisionOS only for lawful purposes and in accordance with these Terms.
7.1 Permitted Uses
CollisionOS is designed for the following legitimate business purposes:
- ✅ Manage repair orders and track job progress for your auto body shop
- ✅ Store customer contact information and vehicle details
- ✅ Import Mitchell XML and CIECA BMS 5.2 estimate files
- ✅ Use the ICBC Rules Assistant to search Material Damage Procedures reference information
- ✅ Generate reports and analytics for shop performance
- ✅ Schedule appointments and manage technician assignments
- ✅ Track parts inventory and vendor information
- ✅ Backup and export your shop data
- ✅ Collaborate with your team via multi-user access
7.2 Prohibited Uses
You may NOT use CollisionOS for any of the following:
Software Abuse:
- ❌ Reverse engineering, decompiling, or disassembling the software
- ❌ Copying, modifying, or creating derivative works of CollisionOS
- ❌ Attempting to access source code or underlying technology
- ❌ Removing copyright notices, branding, or proprietary marks
Security & Access Violations:
- ❌ Unauthorized access to other users' accounts or shop data
- ❌ Attempting to breach security or authentication mechanisms
- ❌ Uploading malware, viruses, or harmful code
- ❌ Probing, scanning, or testing vulnerabilities without permission
- ❌ Circumventing usage limits or access controls
Service Abuse:
- ❌ Excessive API calls or automated scraping that degrades service performance
- ❌ Using CollisionOS to send spam or unsolicited communications
- ❌ Overloading systems with unreasonable data volumes or requests
- ❌ Using our servers as a proxy or VPN service
Commercial Violations:
- ❌ Reselling or sublicensing access to CollisionOS
- ❌ Using CollisionOS on behalf of third-party shops without separate licenses
- ❌ Sharing account credentials with unauthorized users
- ❌ Operating multiple shops under a single account to avoid user fees
Illegal & Harmful Content:
- ❌ Storing illegal content or conducting illegal activities
- ❌ Violating privacy laws (PIPEDA, BC PIPA) or customer privacy rights
- ❌ Infringing intellectual property rights of others
- ❌ Uploading content that violates Canadian laws
ICBC-Related Violations:
- ❌ Violating ICBC vendor agreements or Material Damage Procedures
- ❌ Impersonating ICBC or claiming affiliation with ICBC
- ❌ Representing CollisionOS as an ICBC-approved or endorsed tool
- ❌ Misusing ICBC claim data or violating ICBC privacy requirements
7.3 Consequences of Violations
If you violate the Acceptable Use Policy, we may take the following actions:
- Warning: First-time minor violations receive a written warning
- Temporary suspension: Serious violations result in immediate account suspension
- Account termination: Repeated violations or severe violations (security breaches, illegal activity) result in permanent termination
- Legal action: We reserve the right to pursue legal remedies for serious violations, including damages and legal fees
- No refund: Accounts terminated for violations are not eligible for refunds
8. Intellectual Property Rights
8.1 Our Intellectual Property
CollisionOS and all related materials are owned by us and protected by intellectual property laws. This includes:
- Software code: Source code, algorithms, architecture, and functionality of CollisionOS
- Trademarks: "CollisionOS" name, logo, branding, and visual design
- Documentation: User guides, help articles, training materials, and tutorials
- Reference database: ICBC Rules Assistant search database and configurations
- User interface: Design, layout, navigation, and visual elements
All rights reserved. You may not use our intellectual property without explicit written permission.
8.2 Your Intellectual Property (Your Data)
You retain full ownership of all data you upload to CollisionOS, including:
- Customer data: Customer names, contact information, vehicle details
- Shop-specific information: Your shop name, branding, pricing, labor rates, processes
- Photos and documents: Vehicle photos, damage images, invoices you create
- Business workflows: Your custom processes, templates, and configurations
- Repair records: Historical data about repairs you've performed
You own your data. We never claim ownership of your shop data or customer information.
8.3 License Grant to You
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the CollisionOS software for your auto body shop operations
- Store and process your shop data using our cloud services
- Allow authorized users within your subscription to access the software
- Use documentation and training materials for internal business purposes
Restrictions: This license does NOT permit you to:
- ❌ Resell, redistribute, or sublicense CollisionOS to others
- ❌ Copy, modify, or create derivative works
- ❌ Use CollisionOS for competing software development
- ❌ Transfer your license to another party
8.4 License Grant from You to Us
By uploading data to CollisionOS, you grant us a limited license to:
- Host, store, and process your data on our cloud infrastructure (Firebase/Firestore)
- Display your data back to you and authorized users in your account
- Create backups and ensure data redundancy for reliability
- Analyze anonymized, aggregated data for service improvement (no personal customer data)
We will NOT:
- ❌ Sell your data to third parties
- ❌ Use your customer data for marketing purposes
- ❌ Share your data with competitors
- ❌ Claim ownership of your data
9. ICBC Data & Compliance Disclaimer
CRITICAL DISCLAIMERS - PLEASE READ CAREFULLY
CollisionOS is NOT affiliated with, endorsed by, certified by, or an official partner of ICBC (Insurance Corporation of British Columbia).
We are an independent software tool. We have NO formal relationship with ICBC.
9.1 No ICBC Affiliation
To be absolutely clear:
- ❌ CollisionOS is NOT an ICBC vendor or approved partner
- ❌ CollisionOS is NOT endorsed or recommended by ICBC
- ❌ CollisionOS is NOT certified or approved by ICBC for any purpose
- ❌ CollisionOS does NOT have any data-sharing agreement with ICBC
- ❌ Using CollisionOS does NOT make you an approved ICBC vendor
- ❌ ICBC has NOT reviewed or tested CollisionOS
We are simply an independent software tool that auto body shops can use to manage their operations, including ICBC-related repairs.
9.2 ICBC Rules Assistant - Local Reference Search
CollisionOS includes an "ICBC Rules Assistant" feature that searches a local database of ICBC Material Damage Procedures information. IMPORTANT LIMITATIONS:
- ⚠️ LOCAL PROCESSING ONLY: All searches are performed locally on your device against a static database. No data is sent to external servers or AI services
- ⚠️ NOT A SUBSTITUTE FOR OFFICIAL MDP PORTAL: You MUST verify all results with the official ICBC Material Damage Procedures Portal at mdp.partners.icbc.com
- ⚠️ INFORMATION MAY BE OUTDATED: The local database may not reflect the most current ICBC policies or procedures
- ⚠️ NO GUARANTEE OF ACCURACY: We do not guarantee that search results are accurate, current, complete, or compliant with ICBC requirements
- ⚠️ NO GUARANTEE OF ICBC COMPLIANCE: Using the ICBC Rules Assistant does NOT ensure your shop is compliant with ICBC vendor requirements or Material Damage Procedures
- ⚠️ NOT LEGAL OR PROFESSIONAL ADVICE: Search results are informational only and do not constitute professional advice
Your Responsibility: You are solely responsible for verifying all ICBC-related information with official ICBC sources before completing repairs or submitting claims.
9.3 Your ICBC Compliance Responsibilities
As an auto body shop working with ICBC claims, YOU are responsible for:
- Obtaining customer consent: Ensure you have customers' consent to upload their personal information and ICBC claim data into CollisionOS
- ICBC vendor compliance: If you are an approved ICBC vendor, comply with all ICBC vendor agreements, requirements, and Material Damage Procedures
- Verifying search results: Always check search results against official ICBC documentation and MDP Portal
- Data accuracy: Ensure all ICBC claim data you enter or import is accurate, complete, and compliant with ICBC requirements
- ICBC reporting: Submit required reports, supplements, and documentation to ICBC as required by your vendor agreement
- Privacy compliance: Comply with ICBC's privacy requirements for handling customer data
9.4 No ICBC Data Sharing
We want to make this crystal clear:
- ✅ We do NOT share your ICBC claim data with ICBC
- ✅ We do NOT have any data-sharing agreement or API integration with ICBC
- ✅ We do NOT report repair information to ICBC on your behalf
- ✅ We do NOT submit estimates, supplements, or invoices to ICBC
- ✅ ICBC claim data stays within your CollisionOS account (and our cloud infrastructure as described in the Privacy Policy)
You remain solely responsible for all ICBC reporting and compliance requirements.
9.5 Indemnification for ICBC Issues
You agree to indemnify and hold harmless CollisionOS for any claims, penalties, or issues arising from:
- Your ICBC vendor status or compliance issues
- Reliance on ICBC Rules Assistant search results
- Violations of ICBC Material Damage Procedures
- ICBC privacy violations or data breaches related to customer consent
- Claims by ICBC, customers, or third parties related to your use of ICBC data in CollisionOS
We are not liable for ICBC penalties, claim denials, vendor approval issues, or any consequences of your ICBC compliance practices.
10. Data Backup & Responsibility
CRITICAL: You Are Responsible for Your Data Backups
While we provide automatic cloud sync and infrastructure-level backups, YOU are ultimately responsible for your own data backups. We are NOT liable for data loss under any circumstances.
10.1 Our Backup Systems
We provide the following backup mechanisms:
- Automatic cloud sync: Your data is continuously synced to Firebase/Firestore in real-time
- Firebase infrastructure backups: Google performs regular infrastructure-level backups of Firestore databases
- Data redundancy: Firebase replicates data across multiple data centers for reliability
- 2-second auto-save: Changes are automatically saved with a 2-second debounce to prevent data loss
Limitations of our backups:
- ❌ No point-in-time recovery: We cannot restore your account to a specific moment in time (e.g., "restore to yesterday at 3pm")
- ❌ No individual record recovery: If you accidentally delete a repair order, we cannot recover that specific record from our backups
- ❌ No guaranteed recovery: Infrastructure backups are for disaster recovery, not routine data restoration
10.2 Your Backup Responsibility
YOU MUST create your own backups of all important data. Here's how:
Use the Backup/Export Function:
- Go to Settings → Data Management → Backup Data
- Download JSON backup files containing all your shop data
- Backups include: repair orders, customers, vehicles, technicians, vendors, settings, appointments, and all related data
- Save backup files to a secure location (external hard drive, cloud storage like Google Drive/Dropbox, etc.)
Recommended Backup Schedule:
- Daily: For high-volume shops creating many repair orders per day
- Weekly: For moderate-volume shops
- Monthly: Minimum recommended frequency for all shops
- Before major changes: Before upgrading, changing settings, or performing bulk operations
10.3 Backup Format & Restoration
Backups are exported as JSON files (industry-standard format):
- Version tracked: Each backup includes version number (e.g., "v3.0.0") for compatibility
- Restoration: You can restore from backup files using the "Restore from Backup" function
- Data portability: JSON format can be read by other software if needed
10.4 No Liability for Data Loss
WE ARE NOT LIABLE FOR DATA LOSS under any circumstances, including:
- ❌ Accidental deletion by you or your team members
- ❌ Firebase/Google Cloud outages or failures
- ❌ Software bugs or errors
- ❌ Cyber attacks, security breaches, or unauthorized access
- ❌ Your failure to create backups
- ❌ Corruption of cloud data
- ❌ Account termination or closure
Backup is YOUR responsibility. Use the export function regularly to protect your data.
11. Account Termination
11.1 Termination by You (Voluntary Cancellation)
You can cancel your subscription at any time:
How to cancel:
- Go to Settings → Subscription → Cancel Subscription
- Or email support@collisionos.ca to request cancellation
- Confirmation will be sent via email
Effect of cancellation:
- Immediate: Account moves to read-only mode at the end of your current billing period
- Data retained: Your data remains accessible (read-only) until you request deletion
- Export before canceling: We recommend exporting a backup before cancellation
- Reactivation: You can reactivate your subscription at any time
Refunds: See Section 4.4 for refund policy
11.2 Termination by Us (For Cause)
We may suspend or terminate your account immediately if you:
- Violate these Terms of Service (see Section 7 - Acceptable Use Policy)
- Engage in fraudulent activity or payment disputes
- Use CollisionOS for illegal purposes
- Repeatedly abuse support resources or our team
- Compromise security or access other users' accounts
Effect of termination for cause:
- Immediate suspension: Account access suspended immediately
- No refund: No refunds for remaining subscription period
- Data retention: Data retained in read-only mode, but editing/access may be restricted
- Export opportunity: We will provide a reasonable opportunity to export your data (typically 30 days)
11.3 Termination for Non-Payment
If payment fails and is not resolved within 30 days:
- Account may be terminated after 30-day grace period
- Data moves to read-only mode immediately upon payment failure
- Data retained until you request deletion
- You can restore access by updating payment method
11.4 Service Discontinuation
In the unlikely event that we decide to shut down CollisionOS entirely:
- Advance notice: At least 90 days notice via email
- Data export window: Sufficient time to export all your data
- Refunds: Pro-rated refunds for annual subscriptions
- Transition assistance: We will provide documentation and support for migrating to alternative solutions
11.5 Effect of Termination
Upon termination (regardless of reason):
- Your license to use CollisionOS is immediately revoked
- You must cease all use of the software
- Data moves to read-only mode (you can still view and export)
- Data retained until you request deletion
- Termination does not affect provisions that should survive (liability limitations, indemnification, etc.)
12. Limitation of Liability
IMPORTANT - PLEASE READ CAREFULLY
This section limits our liability for damages. As a sole proprietorship, these limitations are critical for business viability.
12.1 Maximum Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF COLLISIONOS IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
Example: If you paid $1,788 in the past 12 months ($149/month × 12), our maximum liability is $1,788, regardless of your actual damages.
12.2 Excluded Damages
WE ARE NOT LIABLE FOR:
- ❌ Indirect damages: Lost profits, lost revenue, lost business opportunities, lost data, loss of goodwill
- ❌ Consequential damages: Inability to operate your shop, customer dissatisfaction, reputational harm
- ❌ Punitive damages: Penalties or exemplary damages
- ❌ Incidental damages: Costs of procurement of substitute services, downtime costs
This exclusion applies even if:
- We were advised of the possibility of such damages
- The damages were foreseeable
- Our negligence or fault contributed to the damages
12.3 Specific Disclaimers - No Liability For:
Data Loss:
- We are not liable for loss of repair orders, customer data, or any other information
- Backup is YOUR responsibility (see Section 10)
- We do not guarantee data integrity, availability, or recoverability
Service Interruptions:
- We are not liable for downtime, outages, or service unavailability
- No compensation for lost productivity during outages
- No guarantee of uptime or availability (see Section 5)
Third-Party Services:
- We are not liable for failures of Firebase, Google Cloud, Stripe, or other third-party services
- We do not control or guarantee third-party service availability
- Third-party outages are beyond our control
ICBC Compliance:
- We are not liable for ICBC penalties, claim denials, or vendor approval issues
- ICBC Rules Assistant search results are not guaranteed accurate
- You are responsible for verifying all ICBC-related information (see Section 9)
User Error:
- We are not liable for mistakes you make when entering data
- We are not liable for accidental deletions or data corruption caused by user actions
- Training and proper use are your responsibility
12.4 No Warranties - "AS IS" Service
COLLISIONOS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- ❌ No warranty of uninterrupted or error-free operation
- ❌ No warranty that CollisionOS will meet your specific requirements
- ❌ No warranty of merchantability or fitness for a particular purpose
- ❌ No warranty that the service is free from bugs, errors, or defects
- ❌ No warranty of ICBC compliance or AI accuracy
- ❌ No warranty of compatibility with other software or systems
12.5 British Columbia Law Compliance
These limitations comply with British Columbia law. However, some jurisdictions do not allow certain limitations of liability. If BC law prohibits any of these limitations, they will not apply to you, but only to the minimum extent required by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless CollisionOS (including the owner, employees, contractors, and agents) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
13.1 Your Use of CollisionOS
- Your use or misuse of the service
- Data you upload, store, or process using CollisionOS
- Actions taken by users you authorize to access your account
- Your failure to maintain account security
13.2 Violation of These Terms
- Any violation of these Terms of Service
- Violation of the Acceptable Use Policy (Section 7)
- Unauthorized use or access beyond your subscription limits
13.3 Privacy and Legal Violations
- Violation of PIPEDA, BC PIPA, or other privacy laws
- Failure to obtain customer consent for data collection
- Privacy breaches or unauthorized disclosure of customer data
- Violation of any applicable laws or regulations
13.4 ICBC Compliance Issues
- Violations of ICBC vendor agreements or Material Damage Procedures
- Reliance on ICBC Rules Assistant search results
- ICBC penalties, claim denials, or vendor approval issues
- Claims by ICBC, customers, or third parties related to your ICBC compliance
13.5 Third-Party Claims
- Claims by your customers related to data privacy or security
- Intellectual property infringement claims related to content you upload
- Claims by other users or third parties harmed by your actions
13.6 Defense and Settlement
If a claim subject to indemnification is brought against us:
- We will notify you promptly of the claim
- You will assume control of the defense and settlement (at your expense)
- We may participate in the defense at our own expense
- You may not settle any claim without our written consent if it imposes obligations on us
14. Dispute Resolution & Jurisdiction
14.1 Governing Law
These Terms are governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
14.2 Jurisdiction
You agree that any legal action or proceeding arising from or related to these Terms or your use of CollisionOS shall be brought exclusively in the courts of British Columbia, Canada.
You irrevocably consent to the jurisdiction of the British Columbia courts and waive any objection to venue in Vancouver, BC.
14.3 Informal Resolution First
Before filing any legal action, you agree to attempt to resolve disputes informally:
- Contact us first: Email support@collisionos.ca describing the dispute
- Good faith negotiation: We will attempt to resolve the issue within 30 days
- Document the dispute: Provide specific details, relevant dates, and desired resolution
Most disputes can be resolved through communication. Legal action should be a last resort.
14.4 Limitation Period
You must bring any claim or dispute arising from these Terms within one (1) year of the date the claim arose. After one year, the claim is permanently barred.
15. Modification of Terms
15.1 Right to Modify
We reserve the right to modify these Terms of Service at any time to reflect:
- Changes to our service features or functionality
- Changes in applicable laws or regulations
- Business or operational changes
- Security or privacy improvements
15.2 Notification of Changes
When we make changes, we will:
- Update the "Last Updated" date at the top of this document
- Email notification: Send advance notice to your registered email address
- In-app notification: Display a prominent notice in the CollisionOS dashboard
- Advance notice: At least 30 days notice for material changes affecting your rights or obligations
15.3 Acceptance of Modified Terms
Continued use of CollisionOS after the effective date of modified Terms constitutes your acceptance of the changes.
If you do not agree with the modified Terms:
- You must stop using CollisionOS
- Export your data before the effective date
- Cancel your subscription (you may be eligible for a pro-rated refund)
- Contact us if you have concerns or questions about the changes
15.4 Material Changes Requiring Consent
For significant changes (such as changes to pricing structure, liability limitations, or dispute resolution), we may require you to:
- Acknowledge and accept the updated Terms on your next login
- Check a box confirming you have read and agree to the changes
- Provide explicit consent before continuing to use the service
16. Miscellaneous
16.1 Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and CollisionOS regarding your use of the service. They supersede all prior agreements, understandings, representations, or warranties (written or oral).
16.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:
- That provision will be modified to the minimum extent necessary to make it valid and enforceable
- If modification is not possible, the provision will be severed from these Terms
- The remaining provisions will continue in full force and effect
16.3 No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. A waiver is only effective if made in writing and signed by an authorized representative of CollisionOS.
16.4 Assignment
You may NOT assign or transfer these Terms or your CollisionOS account to another party without our written consent.
We may assign these Terms to a successor business (e.g., if we sell CollisionOS to another company) or for other legitimate business purposes. We will notify you of any assignment that materially affects your rights.
16.5 Force Majeure
We are not liable for any failure or delay in performance due to events beyond our reasonable control, including:
- Natural disasters (earthquakes, floods, fires, pandemics)
- Government actions, laws, or regulations
- War, terrorism, civil unrest, or labor disputes
- Internet or telecommunications failures
- Third-party service outages (Firebase, Google Cloud, Stripe, etc.)
- Power failures, hardware failures, or cyber attacks
Our obligations will be suspended during the period of force majeure, and we will not be liable for any resulting delays or failures.
16.6 Relationship of Parties
You and CollisionOS are independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship. Neither party has authority to bind the other or incur obligations on the other's behalf.
16.7 Language
These Terms are written in English. If these Terms are translated into another language, the English version prevails in case of any conflict or ambiguity.
17. Contact & Support
If you have questions about these Terms of Service or need assistance, please contact us:
Premium Plan Support
Premium plan subscribers receive priority email support with faster response times.
Documentation & Help Resources
Self-service help resources are available within the CollisionOS application:
- In-app help documentation
- Feature guides and tutorials
- ICBC Rules Assistant (AI-powered MDP queries)
- Backup/export instructions
Legal Notices
For legal notices, including copyright infringement claims or legal complaints, please send written notice to:
CollisionOS Terms of Service v1.1
Effective Date: January 1, 2025 | Last Updated: December 30, 2025
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Privacy Policy
By using CollisionOS, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.