APPT AI Terms & Conditions of Use

Fixed Op Digital, LLC operates the Artificially Intelligent Service Scheduling Assistant known as “ApptAI”.

Agreement to be Bound

By accessing the website apptai.fixedopsdigital.com (the “Website”) and any services described as ApptAI, you warrant that you are over 18 years of age and agree to be bound by the Terms and Conditions of Use (the “Terms”) contained in this document.

Services PROVIDED BY Fixed Ops Digital

  1. Fixed Ops Digital provides the following services (collectively referred to as ApptAI):

Appointment Scheduling

  • ApptAI enables you to schedule service appointments at a car dealership by completing an online form. ApptAI generates an XML file based on the information you provide;

Automotive Maintenance Research

  • Automotive maintenance and interval software subscriptions enable you to access ApptAI’s NLP (natural language programming), a semantic search engine that can conduct natural language searches across large bodies of text. ApptAI searches for automotive maintenance and repair information based on what you input;

ChatBots

  • ApptAI enables you to develop a chatbot, typically an application placed on a website or app. These chatbots might do anything from answering simple questions to gathering information to put into forms or integrating with other systems;

Free Information

  • ApptAI provides general automotive maintenance and repair information about a variety of matters such as maintenance interval schedules, service benefits, dealership hours that may or may not be suitable to your specific circumstances; and

Other

  • other products as developed and offered from time to time under the name ApptAI

ApptAI and any other product or service provided by Fixed Ops Digital does not constitute the provision of legal services. You may request, or ApptAI may recommend the provision of legal services from time to time, in which case Fixed Ops Digital will refer you to a suitably qualified and registered legal practitioner in an appropriate jurisdiction if possible, but will not provide any such services itself.

Use of ApptAI

  1. When using ApptAI:
    • you agree to:
      • take full responsibility for ensuring that any information you provide to ApptAI is true, accurate, and complete;
      • acknowledge that ApptAI does not constitute the provision of legal services;
      • take full responsibility for documents and information that you get from ApptAI and make any legal decisions yourself;
      • consider any recommendation that ApptAI or a staff member of Fixed Ops Digital makes that you should get independent legal advice;
      • pay the subscription fee (as applicable for each service used);
      • create a username and password when using ApptAI and not to divulge your username or password to anyone or allow others to use your username and password;
      • amend your user details whenever your circumstances change; and
      • use ApptAI for its intended purposes only and not to use ApptAI for any illicit purposes, including to disseminate hate speech or similar views or any other illegal activities; and
  2. you agree not to:
    • use ApptAI to access other accounts, data, or information from other users;
    • use ApptAI to promote any third parties; and
    • interrupt the operation or programming structure of ApptAI or encourage anyone else to do so.

Fixed Ops Digital’s Intellectual Property

  1. you agree that Fixed Ops Digital’s Intellectual Property, including any documents generated by ApptAI, is Fixed Ops Digital’s property.

Fees

  1. Fixed Ops Digital’s fees for each ApptAI service and subscription are published on fixedopsdigital.com.
  2. Fixed Ops Digital may update these fees from time to time.

Payments

  1. Payments made through ApptAI:
    • will be facilitated through Stripe or the other appropriate third party payment gateway used from time to time;
    • you agree and warrant that:
      • you are immediately liable to pay for documents generated by ApptAI;
      • you are directly liable for the payment of any ApptAI subscription fees relating to services used;
      • payments are processed immediately;
      • when you enter your credit or debit card details, you are authorized to use that card for the transaction;
    • payment may be refused if Fixed Ops Digital believes that:
      • the credit or debit cardholder did not authorize a transaction;
      • a transaction is considered fraudulent or suspicious; or
      • a transaction requires validation by a credit card provider;

Third-Party Sites

  1. When you sign up to ApptAI you also agree to the following terms:
    • the current Stripe terms and conditions which can be accessed at https://stripe.com/us/legal;
    • the current Facebook terms and conditions which can be accessed at https://www.facebook.com/terms.php; and
    • the terms and conditions of any platform that ApptAI may be hosted on.

Events of Termination

  1. We may restrict, suspend or cancel your use of ApptAI:
    • in the event that you breach these Terms;
    • immediately after providing Written Notice (notification given by email or SMS or via ApptAI);
    • if your breach is not rectified within 7 days, Fixed Ops Digital may restrict, suspend or cancel your registration on ApptAI without giving notice to you; and
  2. You may de-register your account on ApptAI at any time.

Privacy

  1. Your privacy:

Collection of Personal Information

  • Fixed Ops Digital may collect details such as your name, location and address, contact details, and other personal information. Information such as payment details are not collected by our company and we are therefore not responsible for the security of such information.

Use of Personal Information

  • you consent to Fixed Ops Digital collecting and using your information and personal data for the provision of services through ApptAI, including:
    • to enter into transactions with you;
    • to deal with disputes, issues, and complaints;
    • for any lawful purposes and as required by law from time to time; and
    • email marketing (if applicable): with your permission, we may send you emails about ApptAI, new products, and other updates from time to time;

Access to Personal Information

  • you may obtain access to the personal information relating to you that Fixed Ops Digital holds by sending a request to the ‘Contact Us’ form located on fixedopsdigital.com;

Third-Party Services

  • in general, the third-party providers used by Fixed Ops Digital will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to Fixed Ops Digital;
  • however, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information Fixed Ops Digital is required to provide to them for your purchase-related transactions;
  • for these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers; and
  • once you are redirected to a third-party website or application, you are no longer governed by these Terms;

Security

  • to protect your personal information, Fixed Ops Digital takes reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed; and

Changes to Privacy

  • Fixed Ops Digital reserves the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on fixedopsdigital.com. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Liability

  1. You agree that Fixed Ops Digital is not liable for acts or omissions that cause:
    • the loss of any database files;
    • the loss of any data backup systems;
    • attacks on computer systems;
    • computer virus;
  2. Fixed Ops Digital does not warrant that ApptAI:
    • is error-free; and
    • will be continuously available, particularly in the event of any power outages or natural disasters.

Indemnity

  1. You agree to indemnify and protect Fixed Ops Digital against any actions, damages, claims, demands, prosecutions, fines, and penalties including through negligence that occur as a result or in relation to your actions;
  2. Fixed Ops Digital reserves the right to inspect, assess and test your personal devices and obtain relevant information to determine the extent of loss or damage alleged by you or the validity of a claim made by you.

Arbitration

  1. You agree that if any dispute arises with Fixed Ops Digital, the following procedures apply:
    • (If the dispute is not resolved within 14 days) the matter is to be referred to a mediator in accordance with the following procedure:
      • a mediator will be hired to mediate over the dispute;
      • the mediation will take place via Skype;
      • the mediator will follow the mediation procedure set out by the Resolution Institute. A copy of the mediation rules may be accessed at this website: https://www.resolution.institute/documents/item/1897;
    • (If the mediation process fails) the matter will be referred to an arbitrator in accordance with the following procedures:
      • the arbitration is to be conducted by a single arbitrator (appointed by agreement);
      • if an arbitrator cannot be agreed within 14 days, the arbitrator is to be appointed by the President of the Institute of Arbitrators Australia;
      • the arbitration will be conducted in accordance with the Rules of Conduct of Commercial Arbitrators and any guidelines issued by the Institute of Arbitrators;
      • the decision of the arbitrator will be binding; and
    • Costs of mediation or arbitration will be borne equally.

No Waiver

  1. you agree that a failure or delay by Fixed Ops Digital in exercising a right does not constitute a waiver of Fixed Ops Digital’s rights to pursue an action.

Governing Law

  1. These Terms governed by the laws of the United States of America. You submit to the exclusive jurisdiction of the Courts of the United States of America.

Technology Error

  • if there is an error in a product and that error is caused by the operation of ApptAI then Fixed Ops Digital will fix that product at its expense and deliver the corrected product to you as soon as is reasonably possible, or alternatively (at your election) will refund the purchase price for the product or the part of the product that is defective for purpose. This offer to remedy or refund a defect caused by ApptAI does not create any further rights – any liability of Fixed Ops Digital is limited in accordance with these Terms and in particular including Clauses 11 and 12.