The agreement between your shop and BayStacker.

These terms are between Bellu Productos, of Mariano Monterde 309, 31000 Chihuahua, Chihuahua, Mexico, which operates BayStacker ("we", "us"), and the business that creates an account on baystacker.com ("you", "the shop"). They cover your use of BayStacker, the software that runs a repair shop: intake, diagnosis, work orders, parts, invoicing and the records around them.

By creating an account you confirm that you are authorised to bind the shop to these terms. If you are accepting them for an employer or a client, you are confirming that you may, and "you" means that business.

Your own customers are not parties to this agreement. The people whose vehicles your shop works on have their own relationship with your shop, not with us — see section 4.

BayStacker is a browser application over a database that holds your shop’s records. The records are yours (section 4); the software is ours (section 8). We host, secure and maintain it, and we provide the diagnosis assistant described below.

The diagnosis assistant ranks possible causes for a complaint against the vehicle, the symptoms and any fault codes, and shows the evidence behind each ranking. It is decision support. It is not a repair instruction, a safety determination or a warranty, and the professional judgement of your technicians governs every repair. You are responsible for the work your shop performs and for the advice it gives.

We may improve or change features. We will not remove a feature you are paying for during a paid period without telling you first and giving you the choice to end the subscription, except where a change is required for security or by law.

Every location starts with one 30-day free trial. A card is taken when the trial starts and charged when it ends, unless you cancel before then. A trial is available once per location: cancelling and re-subscribing does not start a second one.

A subscription is monthly, per location, in advance. Changing edition takes effect as follows: an upgrade applies immediately and the difference for the remainder of the period you have already paid for is charged then; a move to a lower edition takes effect at the end of the period you have already paid for, and nothing is charged for it.

Payment is taken by Stripe, which acts as our payment processor. We do not receive or store your card number. Prices are stated in US dollars, exclusive of any tax that applies to your shop, which is added where we are required to collect it.

• ·You can cancel at any time from the billing portal. The subscription runs to the end of the period you have paid for and does not renew.
• ·Fees already paid are not refunded, except where the law requires it or where we ended the service other than for your breach.
• ·If we change a price, we will tell you before it applies to you, and your remedy is to cancel before the change takes effect.
• ·Amounts more than 30 days overdue may be referred to a collection agency, and we may suspend the account as described above in the meantime.

The records your shop puts into BayStacker — vehicles, customers, work orders, diagnosis cases, estimates, invoices, payments, parts and the notes around them — belong to your shop. We do not sell them, and we do not use them to compete with you.

We process them to run the service for you, to secure it, to support you when you ask, and to meet our legal obligations. You can export your records at any time from the settings page: a zip of CSV files covering work orders, customers, vehicles, invoices, payments and estimates, with a manifest of row counts. After your subscription ends we keep the records for 30 days so you can export them, and then delete them, unless the law requires us to keep something longer.

You are responsible for having the right to put the records in: your own customers’ details, and their vehicles, are yours to hold lawfully in your jurisdiction. If a customer of yours asks you to correct or delete something, you can do that from the product, or ask us and we will do it with you.

• ·Do not use BayStacker to break the law, to infringe anyone’s rights, or to send unlawful, deceptive or unsolicited messages to your customers.
• ·Do not attempt to reach another shop’s records, or to probe, scan or defeat the access rules that scope every row to the shop and role it belongs to.
• ·Do not resell, sublicense or white-label the service without a written agreement with us.
• ·Do not scrape the service, circumvent its rate limits, or use it to build a competing product.
• ·Do not upload malware, or content you have no right to hold, or anything that would put other customers at risk.

We may suspend an account that is being used in one of these ways, and will tell you what we saw and what would restore it. Where the problem can be fixed without suspension, we will ask first.

We aim to keep BayStacker available at all times and to carry out planned maintenance outside US business hours, with notice in the product. This is a target, not a contractual service level: a service level is available separately, in writing, if your shop needs one.

Support is at support@baystacker.com, answered Monday to Friday, 8am–6pm Central Time. Our stated response time is One business day on weekdays, and the next business morning for anything raised at the weekend. A support request raised from the help page in the product is recorded and answered the same way.

We may update these terms. If a change materially reduces what you get or increases what you pay, we will tell you before it takes effect and you may cancel before it applies. Continuing to use the service after a change takes effect means you accept it.

BayStacker is built on services we buy: a server host, the database and authentication software that runs on it, a web host, a payment provider, an email sender, a messaging provider, an error monitor, and model providers used by the diagnosis assistant. The Privacy Policy lists each one, what it handles and where.

Where the product lets you connect an outside service — an accounting system, a parts supplier, a messaging channel — that connection is your choice and is governed by your agreement with that provider. We are not responsible for what it does with your data once you have connected it, and we will tell you what we send it.

We own BayStacker: the software, the interface, the ranking methods and the documentation, together with every improvement to them. This agreement licenses you to use the service for your shop’s own business for as long as your subscription is active; it does not transfer ownership of anything.

You own your records and the content you put in. You grant us the licence we need to host, copy, transmit and display them in order to run the service for you — nothing wider.

If you send us a suggestion about the product, we may use it without obligation to you. You keep everything you own in your own records.

We warrant that we will provide the service with reasonable skill and care, and that the diagnosis assistant will show the evidence behind a ranking rather than an unexplained answer. We do not warrant that the ranking is correct, that it will find every possible cause, or that a repair will succeed. Those are engineering judgements your shop makes.

Neither party is liable for indirect or consequential loss, loss of profit, loss of goodwill or loss of anticipated savings, however it arises.

Our total liability arising out of or related to this agreement is limited to the fees you paid us in the twelve months before the event that gave rise to it. Where a claim relates to one location, it is limited to the fees for that location over the same period.

These limits do not apply to your obligation to pay the fees, to either party’s fraud or wilful misconduct, or to anything else that cannot lawfully be limited.

Each party will keep the other’s confidential information confidential and use it only to perform this agreement. Your records are confidential information. Our pricing, our unreleased features and anything we mark as confidential are ours.

Confidential information does not include anything that is public through no fault of the receiving party, that the receiving party already held without a duty of confidence, or that a court or regulator requires it to disclose — in which case it will tell the other party first where it lawfully can.

This agreement runs while you have an account. You may end it at any time by cancelling the subscription and asking us to close the account. We may end it if you materially breach it and do not fix that within 30 days of being told; if you fail to pay; or if we discontinue the service entirely, in which case we will give you at least 60 days’ notice and a pro-rata refund of any period you have paid for but not used.

When the agreement ends your access stops, and you have 30 days to export your records from the settings page. After that we delete them, except where a law requires us to keep a record of the transaction itself.

The sections that by their nature should survive — your records and ours, confidentiality, intellectual property, liability, governing law — survive the end of the agreement.

This agreement, with the Privacy Policy, is the whole agreement between us and replaces anything said before it. If one part of it is unenforceable, the rest stands. Neither party is liable for a delay caused by something outside its reasonable control.

You may not transfer this agreement without our written consent. We may transfer it as part of a merger or the sale of the business, and will tell you if we do.

Notices to you go to the email address on the account. Notices to us go to the support address below, and legal notices to Bellu Productos at Mariano Monterde 309, 31000 Chihuahua, Chihuahua, Mexico.

This agreement is governed by the laws of Mexico. Before starting proceedings, both parties agree to raise the dispute in writing and to give the other 30 days to resolve it — that step settles most of them, and costs nothing.

If it is not resolved, the courts of Chihuahua, Chihuahua, Mexico have exclusive jurisdiction. Each party submits to them and waives any other venue it may be entitled to by reason of its present or future domicile or for any other reason.