These Terms of Service ("Terms") constitute a legally binding agreement between CollisionIQ™ LLC, an Arizona limited liability company ("CollisionIQ," "we," "us," or "our"), and the collision repair facility or business entity ("Shop," "you," or "your") accessing or using the CollisionIQ™ platform, software, and related services (collectively, the "Service").
By creating an account, accessing the Service, or clicking "I Agree," you represent that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, you may not access or use the Service.
Shop's electronic acceptance of these Terms, whether by clicking an acceptance button, checking a box, completing account registration, or continuing to use the Service after notice of these Terms, constitutes a valid and binding electronic signature under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001) and applicable state electronic transactions laws including the Uniform Electronic Transactions Act as adopted in Arizona. Shop waives any right to contest the validity or enforceability of these Terms on the basis that they were accepted electronically rather than by handwritten signature.
This Agreement is a commercial agreement between two business entities. Shop represents that it is entering into this Agreement in its commercial capacity as a licensed collision repair business and not as a consumer. Any consumer protection laws or regulations of any jurisdiction that would not apply to a commercial transaction are expressly excluded from this Agreement to the maximum extent permitted by law.
CollisionIQ™ is a communication intelligence platform designed for collision repair facilities. The Service includes:
CollisionIQ™ reserves the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice.
CollisionIQ™ is not an insurance company, insurance adjuster, insurance data processor, or insurance administrator. Insurance information stored in the Service including carrier names, claim numbers, policy numbers, adjuster contact information, and deductible amounts is used solely to personalize customer communications and is not used for claims processing, insurance administration, or any regulated insurance activity.
Certain features of the Service, including but not limited to voice intelligence features, missed call detection, voicemail transcription, and call summarization, may be designated as beta, early access, or preview features. Beta features are provided as-is without warranty of any kind, express or implied. Beta features may be modified, suspended, or discontinued at any time without prior notice. CollisionIQ™ is not liable for any harm, data loss, business interruption, or other consequence arising from Shop's use of beta features. CollisionIQ™ will use commercially reasonable efforts to notify Shop before discontinuing any beta feature that Shop has activated.
CollisionIQ™ does not guarantee any specific level of service availability, uptime, or continuity. The Service is provided on a commercially reasonable efforts basis. Scheduled maintenance, unscheduled outages, third-party provider failures, and other events may cause temporary or extended unavailability of the Service or specific features. CollisionIQ™ will use commercially reasonable efforts to restore Service following any outage but makes no representation regarding restoration timelines. Service interruptions do not entitle Shop to a refund or credit except as expressly provided in Section 6.3.
CollisionIQ™ does not provide legal, insurance, business, financial, repair, estimating, or professional advice of any kind. AI-generated call scripts, message drafts, escalation recommendations, communication health scores, and all other outputs of the Service are informational tools designed to support advisor communication and operational awareness. They do not constitute professional advice of any kind.
Shops must consult qualified legal counsel before communicating with customers regarding legally sensitive matters including attorney mentions, formal complaints, insurance disputes, threatened litigation, and regulatory inquiries. CollisionIQ™ is not responsible for any legal, financial, or business consequence arising from Shop's reliance on AI-generated content without seeking appropriate professional advice.
The Service uses artificial intelligence and machine learning technologies to generate text messages, call scripts, response suggestions, voicemail transcriptions, communication summaries, escalation assessments, and health score calculations (collectively, "AI-Generated Content").
You acknowledge and agree that:
CollisionIQ™ is not responsible for any legal consequences arising from AI-Generated Content that Shop sends to customers without adequate review. This includes but is not limited to:
Shop assumes full legal responsibility for all communications sent to customers through the Service, whether AI-generated or manually composed. CollisionIQ™ strongly recommends that Shop implement an advisor review process for all AI-generated content before it is sent to customers.
All estimated completion dates, delivery timelines, scheduling references, and time-based commitments generated by CollisionIQ™ are estimates only. They are derived from information entered by the Shop and do not constitute binding commitments, warranties of timely completion, or contractual promises to customers. CollisionIQ™ is not responsible for any claim arising from a customer's reliance on an AI-generated date or timeline reference. Shop is solely responsible for ensuring that any date or timeline communicated to a customer is accurate and appropriately qualified as an estimate before sending.
The CollisionIQ™ Communication Health Score is a proprietary communication risk indicator developed using modeled scenarios and industry research. It has not been validated against real-world CSI survey outcomes and does not constitute a prediction, guarantee, or representation of any specific survey result for any individual vehicle, advisor, or shop. A high Communication Health Score does not guarantee a positive CSI survey outcome and a low score does not guarantee a negative outcome. The score is an operational support tool intended to assist advisors in identifying potential communication risk patterns and must not be represented to customers, insurance carriers, or DRP program administrators as a guarantee of any outcome.
CollisionIQ™'s escalation detection system analyzes inbound customer messages for certain signals including frustration, anger, dissatisfaction, and legal language using AI. The system may not identify all escalation signals. The absence of an escalation flag must never be interpreted as a clearance, assurance, or confirmation that no escalation risk exists or that a customer is satisfied. Advisors must not reduce their direct customer engagement based on the absence of a CollisionIQ™ escalation flag. Advisors must not rely solely on CollisionIQ™'s escalation detection as a substitute for direct customer engagement, professional judgment, and regular review of all customer communications. CollisionIQ™ is not liable for any harm arising from an escalation signal that was not detected by the system.
CollisionIQ™ is not responsible for customer disputes arising from vehicle repair delays, extended repair timelines, supplement approvals, parts delays, insurance authorization delays, or discrepancies between estimated and actual completion dates, regardless of whether CollisionIQ™ communicated those estimates to customers on Shop's behalf. Shop is solely responsible for managing customer expectations regarding repair timelines and for communicating changes to estimated completion dates in a timely and accurate manner.
AI-generated call scripts may contain references to events, conversations, parts orders, repair details, insurance decisions, or other information that did not occur or is not accurate. This is a known limitation of AI language systems. Advisors must verify the accuracy of all call script content before using it in customer conversations. CollisionIQ™ is not liable for any customer claim, legal consequence, or business harm arising from an advisor's use of an inaccurate AI-generated call script without prior verification.
CollisionIQ™ does not represent that its AI systems are free from bias, errors, or limitations. AI systems, including those used by CollisionIQ™, may produce outputs that reflect biases present in training data or that vary in accuracy across different languages, communication styles, or customer demographics. Shop is responsible for monitoring AI-generated outputs for accuracy and appropriateness and for ensuring that its use of the Service does not discriminate against customers based on race, color, national origin, religion, sex, disability, language, or any other characteristic protected by applicable law.
The Service enables automated SMS text messaging to your customers. The Telephone Consumer Protection Act (TCPA) and related regulations impose significant legal requirements on automated text messaging, including requirements to obtain prior express written consent from message recipients.
You represent, warrant, and agree that:
CollisionIQ™ is a technology platform and service provider. CollisionIQ™ is not the sender of record for messages transmitted through the Service. You are the sender of record. CollisionIQ™ processes and transmits messages on your behalf as a technology service provider and is not liable for your failure to obtain required customer consents.
CollisionIQ™ automatically processes opt-out requests when a customer sends any of the following keywords: STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT. Upon receipt of an opt-out keyword, all automated messaging to that phone number from Shop ceases immediately and a confirmation message is sent to the customer. Opt-out records are retained for a minimum of four years. Shop may also manually add customer phone numbers to a Do Not Contact list within the platform. Customers who have opted out of SMS communications are also excluded from outbound voice communications initiated through the Service.
Before using CollisionIQ™ to send automated SMS messages to any customer, Shop must confirm that the customer has provided prior express written consent to receive automated text messages from Shop. By adding a customer vehicle to the CollisionIQ™ platform, Shop represents and warrants that the customer whose contact information is entered has provided the required consent. CollisionIQ™ recommends the following consent language for use at vehicle check-in:
"By providing your mobile phone number, you consent to receive automated text messages from [SHOP NAME] regarding your vehicle repair, including status updates and follow-up communications. Message and data rates may apply. Reply STOP to opt out at any time."
Shop must obtain this consent before or at the time of vehicle check-in, retain a record of consent for a minimum of four (4) years from the date of the last automated message sent to that customer, and make consent records available to CollisionIQ™ upon request. CollisionIQ™ may suspend Shop's messaging capabilities immediately if CollisionIQ™ receives credible evidence that Shop is sending messages without required consent.
If CollisionIQ™ receives credible evidence that Shop is sending automated messages to recipients who have not provided required TCPA consent, or that Shop is failing to honor opt-out requests, CollisionIQ™ reserves the right to immediately suspend Shop's SMS messaging capabilities without prior notice. CollisionIQ™ may take this action to protect itself from being named as a co-defendant or co-respondent in any TCPA enforcement action, class action, or regulatory proceeding arising from Shop's non-compliance. Suspension of messaging capabilities does not constitute termination of this Agreement and Shop remains liable for all subscription fees during any suspension period resulting from Shop's TCPA non-compliance.
CollisionIQ™ registers Shop messaging through the 10DLC (10-Digit Long Code) system as required by major US wireless carriers and in accordance with CTIA Messaging Principles and Best Practices. Despite registration, individual messages may be filtered, blocked, delayed, or not delivered by wireless carriers based on content, volume, velocity, or other carrier-determined factors outside CollisionIQ™'s control. CollisionIQ™ is not liable for any message that is filtered, blocked, delayed, or not delivered by a carrier, and such filtering or blocking does not constitute a failure of the Service. Shop is responsible for ensuring that message content complies with CTIA guidelines and carrier content policies.
When voice features are enabled, the Service may record, transcribe, and analyze telephone calls and voicemails associated with your shop's phone number connected to the Service.
Call recording laws vary by state. Many states require the consent of all parties to a call before recording (two-party or all-party consent states), including but not limited to California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington.
You represent, warrant, and agree that:
States that currently require two-party or all-party consent include California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington. This list is subject to change and Shop should verify current requirements with its own legal counsel.
CollisionIQ™ retains voicemail recordings only for the period necessary to transcribe and analyze their content. Live call recordings are processed and deleted after summarization. Voicemail transcriptions are retained for the duration of the active vehicle file and summarized upon vehicle closeout. You acknowledge and agree to this retention schedule.
CollisionIQ™ provides the following standard disclosure messages for use when voice features are enabled. Shop must replace [SHOP NAME] with the Shop's actual business name before activating voice features.
Inbound call disclosure — English: Thank you for calling [SHOP NAME]. This call may be recorded or monitored for quality and service purposes. Please hold while we connect your call.
Inbound call disclosure — Spanish: Gracias por llamar a [SHOP NAME]. Esta llamada puede ser grabada o monitoreada con fines de calidad y servicio. Por favor espere mientras conectamos su llamada.
Voicemail greeting — English: You have reached [SHOP NAME]. We are unable to answer your call at this time. Please leave a message after the tone and we will return your call as soon as possible. Your voicemail may be transcribed and reviewed by our staff. Thank you.
Voicemail greeting — Spanish: Ha llamado a [SHOP NAME]. No podemos contestar su llamada en este momento. Por favor deje un mensaje después del tono y le devolveremos la llamada lo antes posible. Su mensaje de voz puede ser transcrito y revisado por nuestro personal. Gracias.
Shop is solely responsible for confirming with its own legal counsel that these disclosure scripts satisfy the recording consent requirements of the state or states where Shop operates and where its customers are located before activating voice features.
Voicemail transcriptions are generated by automated AI systems and may contain errors, omissions, or inaccuracies, particularly for calls with background noise, heavy accents, or technical terminology. Shop must not take adverse action against any customer — including refusing service, escalating disputes, filing insurance carrier complaints, or terminating a customer relationship — based solely on an AI-generated voicemail transcription without first verifying the accuracy of the transcription by reviewing the original voicemail recording. CollisionIQ™ is not liable for any claim arising from Shop's reliance on an inaccurate transcription including claims of defamation, discrimination, or tortious interference.
Shop is solely responsible for compliance with all applicable federal and state wiretapping and electronic surveillance laws, including the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.) and applicable state wiretapping statutes. The Electronic Communications Privacy Act provides a private right of action against parties who unlawfully intercept, use, or disclose electronic communications. CollisionIQ™ is not liable for any civil or criminal claim arising under the Electronic Communications Privacy Act or any state wiretapping statute resulting from Shop's failure to obtain required recording consent or Shop's improper use of voice recording features.
Shop is responsible for exporting any legally significant communication records before the 30-day post-termination data retention period expires. Legally significant records include voicemail transcriptions containing escalation language, attorney mentions, formal complaints, threatened litigation, or regulatory inquiries. CollisionIQ™ will permanently delete all Shop data including voicemail transcriptions after the 30-day retention period and is not liable for Shop's failure to export legally significant records before deletion. Shop should consult its own legal counsel regarding its record retention obligations before cancelling its subscription.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH AT THE THEN-CURRENT SUBSCRIPTION RATE UNLESS YOU CANCEL AT LEAST FIVE (5) BUSINESS DAYS BEFORE THE END OF YOUR CURRENT BILLING PERIOD. BY SUBSCRIBING TO THE SERVICE, YOU AUTHORIZE COLLISIONIQ™ TO CHARGE YOUR PAYMENT METHOD ON A RECURRING MONTHLY BASIS UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME BY PROVIDING WRITTEN NOTICE TO JOHN@COLLISIONIQ.APP.
Access to the Service is provided on a subscription basis. Current subscription fees are:
CollisionIQ™ reserves the right to change subscription fees upon thirty (30) days written notice. Fee changes will not apply to active Founder Plan subscribers for the duration of their continuous subscription.
Subscription fees are billed monthly in advance. By providing payment information, you authorize CollisionIQ™ to charge your payment method on a recurring monthly basis until your subscription is cancelled. Payment processing is provided by Stripe Inc. and is subject to Stripe's Terms of Service and Privacy Policy available at https://stripe.com. CollisionIQ™ does not store full payment card information on its servers.
You may cancel your subscription at any time by providing written notice to CollisionIQ™. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial subscription periods.
If payment fails, CollisionIQ™ may suspend access to the Service until payment is received. CollisionIQ™ reserves the right to terminate subscriptions with balances outstanding for more than thirty (30) days.
By maintaining an active subscription, Shop acknowledges that CollisionIQ™ provides ongoing access to the Service and that subscription fees are earned monthly upon provision of platform access regardless of Shop's subjective satisfaction with communication outcomes, CSI scores, DRP relationships, or any other business result. Shop waives the right to dispute charges for any month in which Shop had access to the Service. All billing disputes must be submitted to CollisionIQ™ in writing at john@collisioniq.app within thirty (30) days of the charge. CollisionIQ™ will review and respond to all written disputes within ten (10) business days. Initiating a payment processor chargeback without first submitting a written dispute to CollisionIQ™ constitutes a material breach of this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
CollisionIQ™ makes no warranty that the Service will produce any specific business result for Shop including but not limited to increased revenue, improved customer retention, reduced complaints, improved staff efficiency, competitive advantage, insurance carrier approval, or any other commercial outcome. The Service is a communication support tool and its value depends on how it is used by Shop and its advisors.
CollisionIQ™ shall not be liable for any failure or delay in performance of the Service resulting from causes beyond CollisionIQ™'s reasonable control, including but not limited to:
CollisionIQ™ does not guarantee any specific uptime, availability, or continuity of Service. The Service is provided on a commercially reasonable efforts basis. Scheduled and unscheduled maintenance, third-party provider outages, and other interruptions may cause temporary unavailability of the Service or specific features. CollisionIQ™ will use commercially reasonable efforts to restore Service following any outage but makes no guarantee regarding restoration timelines.
You agree to indemnify, defend, and hold harmless CollisionIQ™ LLC, its members, officers, employees, agents, and successors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
The Service, including all software, algorithms, health scoring methodology, communication intelligence systems, designs, text, and documentation, is the exclusive property of CollisionIQ™ LLC and is protected by applicable intellectual property laws.
CollisionIQ™ grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during your subscription term.
You retain ownership of all data you input into the Service, including customer information, vehicle records, and communication content. You grant CollisionIQ™ a limited license to process such data solely to provide the Service to you.
If Shop or any of its employees, advisors, or authorized users submit feedback, suggestions, ideas, feature requests, or other input regarding the Service to CollisionIQ™ (collectively "Feedback"), such Feedback becomes the sole and exclusive property of CollisionIQ™ LLC. CollisionIQ™ may use, implement, modify, and commercialize Feedback for any purpose without compensation, attribution, or obligation to Shop or any individual who provided the Feedback. Shop hereby assigns to CollisionIQ™ all right, title, and interest in and to any Feedback submitted.
Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with the Service. CollisionIQ™ will not disclose your shop's customer data, vehicle records, or communication content to third parties except as required to provide the Service, as required by law, or with your written consent.
CollisionIQ™ processes personal data of Shop's customers solely for the purpose of providing the Service. In this relationship Shop acts as the data controller and CollisionIQ™ acts as the data processor. CollisionIQ™ shall process personal data only as instructed by Shop through its use of the Service and shall not process personal data for any secondary purpose including advertising, profiling, or AI model training using identifiable customer data without Shop's explicit consent.
CollisionIQ™ engages the following sub-processors in connection with the Service: Twilio Inc. for SMS and voice, Supabase Inc. for database hosting, Vercel Inc. for application hosting, Resend Inc. for email delivery, and Anthropic PBC for AI language model processing. All sub-processors are contractually required to process data only as directed by CollisionIQ™.
Upon termination of this Agreement, CollisionIQ™ will retain Shop data for thirty days to allow data export, after which all Shop and customer data will be permanently deleted. Written confirmation of deletion is available upon request.
In the event of a personal data breach affecting Shop's data, CollisionIQ™ will notify Shop within seventy-two hours of discovery as required by applicable law.
CollisionIQ™ implements commercially reasonable security measures to protect data processed through the Service. In the event of a confirmed data breach affecting your shop's data, CollisionIQ™ will notify you within seventy-two (72) hours of discovery, to the extent required by applicable law.
You are responsible for maintaining the security of your account credentials. CollisionIQ™ is not liable for unauthorized access to your account resulting from your failure to maintain credential security.
You agree not to use the Service to:
Shop is solely responsible for all use of the Service by its employees, advisors, contractors, and any other individuals who access the Service through Shop's account (collectively "Authorized Users"). Shop shall ensure that all Authorized Users comply with these Terms and the Acceptable Use Policy. CollisionIQ™ is not liable for any conduct of Authorized Users including unauthorized, inappropriate, harassing, or legally non-compliant use of the Service. Any act or omission of an Authorized User that would constitute a breach of these Terms if committed by Shop shall be deemed a breach by Shop.
Shop is solely responsible for ensuring that its use of the Service complies with all applicable employment, anti-discrimination, and civil rights laws, including the Civil Rights Act, the Americans with Disabilities Act, and applicable state anti-discrimination statutes. CollisionIQ™ is not responsible for any employment-related claim, discrimination claim, civil rights violation, or regulatory action arising from Shop's use of the Service or the content of communications sent through the Service.
These Terms commence on the date you first access the Service and continue until your subscription is terminated. Either party may terminate these Terms upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of written notice.
CollisionIQ™ may suspend or terminate your access immediately if you violate TCPA requirements, recording consent laws, or the acceptable use policy, or if your account presents a legal risk to CollisionIQ™.
Upon termination, your right to access the Service ceases immediately. CollisionIQ™ will retain your data for thirty (30) days following termination, during which time you may request an export. After thirty (30) days, your data will be permanently deleted.
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.
Any dispute arising out of or related to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in Maricopa County, Arizona. Each party waives the right to a jury trial and the right to participate in a class action.
The following sections of these Terms survive termination or expiration of this Agreement for any reason and remain in full force and effect: Section 2A (Professional Advice Disclaimer), Section 3 (AI-Generated Content Disclosure), Section 3A (AI-Generated Content Legal Consequences), Section 3B (AI-Generated Dates and Timeline References), Section 3C (Communication Health Score Limitations), Section 3D (Escalation Detection Limitations), Section 7 (Limitation of Liability), Section 7A (Force Majeure), Section 8 (Indemnification), Section 9 (Intellectual Property), Section 9A (Feedback and Suggestions), Section 10 (Confidentiality), Section 10A (Data Processing), Section 14 (Governing Law and Dispute Resolution), and any payment obligations accrued prior to termination.
Shop represents that it is not located in, under the control of, or a national or resident of any country subject to US government embargo or sanctions, and is not listed on any US government list of prohibited or restricted parties including the US Treasury Department's Specially Designated Nationals list or the US Department of Commerce's Denied Persons List. Shop will not export, re-export, or transfer access to the Service in violation of applicable US export control laws and regulations.
Entire Agreement. These Terms, together with the Privacy Policy, the Limitation of Liability Addendum, and any executed Subscription Agreement, constitute the entire agreement between the parties with respect to the Service. In the event of any conflict between these Terms and the Limitation of Liability Addendum, the Limitation of Liability Addendum controls with respect to limitation of liability matters. The Limitation of Liability Addendum is governed by the laws of the State of Arizona consistent with Section 14 of these Terms.
Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver. Failure to enforce any provision of these Terms shall not constitute a waiver of the right to enforce such provision in the future.
Assignment. You may not assign these Terms without CollisionIQ™'s prior written consent. CollisionIQ™ may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
Notices. All notices under these Terms shall be provided in writing to john@collisioniq.app or to the email address associated with your account.
Updates. CollisionIQ™ may update these Terms from time to time. We will provide thirty (30) days notice of material changes. Continued use of the Service after the effective date of updated Terms constitutes acceptance.