Terms of Service
These Terms of Service ("Terms") govern your use of Technician Stars (the "Platform"), operated by A Buyers Choice ("A Buyers Choice," "we," "us," or "our"). The Platform connects vehicle owners ("Customers") with repair shops ("Shops") and the technicians who work at or through them ("Technicians"). It includes the EveryBay shop app and the dealership websites Shops can publish through it. By creating an account, signing in, or otherwise using the Platform, you agree to these Terms. If you don't agree, please don't use the Platform.
The Platform is a professional networking site for technicians, customers, and service providers - built to help match a technician's specialty with a customer's specific concern. Users can also use the Platform's features to manage or sell vehicles and other items, bringing order to that process.
1. Who can use the Platform
You must be at least 18 years old to create an account. One person may hold more than one kind of account at the same time (for example, a Technician who also owns a Shop) - each account is still bound by these Terms independently. A membership covers both a person's Customer and Technician accounts; Tier 5 also covers that person's own EveryBay Shop.
2. How accounts get created
Most accounts are created by the person who will use them, by filling out a sign-up form. One account type works differently, and it's important you understand how:
Automatic Customer accounts. When a Shop writes a work order for a new Customer and has an email address on file for them, the Platform automatically creates that Customer a login and emails them a link to set a password. This lets a Customer follow their vehicle's repair status online without having to sign up first. If you receive one of these emails and would rather not set up online access, you can decline right from that email - nothing further happens, your repair continues normally through your Shop exactly as it would without an account, and we'll note that you were asked and declined so you aren't asked again for that same account. If you take no action at all, the login simply sits unused; it does not become active until a password is set.
3. Your information, and how it's used
We collect the information needed to run the service you're using: contact information, vehicle information (including VIN), and the description, diagnosis, and cost of repair work performed or requested. Shops and Technicians see the information needed to do the job they've been asked to do.
Vehicle history shared across Shops (Tier 5 only). A vehicle's basic service history - which Shop, when, mileage, and a plain description of the work - can be visible to a different Shop on the Platform than the one that performed it, but only when that other Shop holds our Tier 5 membership level, and only that limited, non-financial information. We never share pricing, invoices, payment information, or your contact details with a Shop through this feature - a Shop you haven't worked with only ever sees that a vehicle has prior service history elsewhere and what that service was, never what you were charged or how to reach you directly.
We don't sell your personal information. We don't show your contact information to another Shop or Technician you haven't done business with, outside the limited vehicle-history sharing described above.
4. Work orders and recordkeeping
California law requires repair shops to number work orders sequentially and keep them for inspection. The work order number you see on your paperwork is that required, sequential number, and it stays exactly as issued. (Separately, links we send you to view or print a work order or estimate online use a random, non-sequential code rather than that work order number, so that a link handed to one customer can't be used to guess at or discover another customer's paperwork.) Shops are responsible for retaining records as required by law.
5. Messaging
In-app messages between Customers, Shops, and Technicians are a feature of the Platform itself - they are not carrier text messages (SMS), are not delivered instantly in every case, and should never be used for anything urgent or time-sensitive. If you need an immediate answer, call the Shop directly.
6. Memberships and payments
Paid memberships. Some features need a paid membership tier. Tiers, prices, and what each one includes are shown on our Membership page. Payments are processed by Stripe; your card details go directly to Stripe and are never stored by us. Prices are in U.S. dollars and don't include any tax that may apply.
Yearly plans and automatic renewal. Paid memberships last one year. A plan bought through the Platform renews automatically each year at the then-current price, charged to the same card, until you turn auto-renew off. You can turn it off at any time from your account's Membership section - no call or email needed. When you turn it off, you keep your tier until the end of the year you already paid for, and you won't be charged again. If we change a price, the new price applies only from your next renewal, and we'll tell you before it does.
Upgrades. When you move up to a higher tier, you get credit for the unused part of your current plan, a new one-year term starts that day, and you're shown the exact charge before you confirm it.
Extra photo blocks (Tier 5). Extra photo allowance is sold in yearly blocks. Each block is its own yearly charge with its own auto-renew setting, and it stops renewing if your Tier 5 plan is set not to renew or ends.
Refunds. Except where the law requires otherwise, membership and photo-block charges are not refundable, including for the unused part of a year after auto-renew is turned off. If a charge was made in error, contact us (Section 21) and we'll make it right.
If a payment fails or a plan ends. Features tied to a tier stop when the tier ends. Your content isn't deleted because a plan ended, and a dealer website is paused, not deleted - renewing brings it back.
Repair work. Payment for repair work is between you and the Shop, by whatever method that Shop accepts. A Shop may send you an invoice you can pay by card through Stripe; otherwise, marking a work order "paid" is a bookkeeping note the Shop makes for its own records. Vehicles are never sold or paid for through the Platform.
7. Photos and other content you post
You keep ownership of the photos, text, and other content you post. You give us a non-exclusive, royalty-free license to store, copy, resize, and display that content on the Platform (including on a Shop's dealer website, when it's that Shop's content) only as needed to run the Platform for you. That license ends when you delete the content, except for copies in backups that are replaced on a rolling basis, and records a Shop must keep by law.
Only post content you have the right to post: photos of your own work, vehicles, items, or business - not someone else's photos, and not photos showing another person's private information (such as paperwork with their name and address) without their permission. Location and other hidden camera details are removed from JPEG photos when you upload them.
Each tier has a photo allowance, counted as the photos you're actively showing. Photos from sold or removed listings are archived, don't count toward your allowance, and are deleted 12 months later (or right away, if you choose). We may hide or remove content that's reported and breaks these Terms.
8. Buy & Sell listings
The seller is responsible for every listing: that it's accurate, that they have the right to sell the item, and that it follows the law. The advertised price must include every fee the seller charges (such as document, prep, or add-on fees); government taxes and fees may be listed separately. A seller may set a private minimum price. It's never shown to anyone, but it can let a listing appear in a shopper's payment search with a "Seller may consider offers" note. Saves and interest amounts are non-binding signals, not offers, bids, or contracts. We aren't a party to any sale, don't inspect or guarantee any item, and don't hold or transfer money for sales. Buyer and seller messages are relayed through masked email addresses.
9. EveryBay shops, invite links, and dealer websites
Invite links. A Shop can share an invite link. A Technician who joins becomes part of that Shop's team, and the Shop decides what that Technician can see and do. A Customer who joins becomes that Shop's customer and can send it requests and messages, even on a free account. The Shop can remove a linked account at any time.
Dealer websites. A Shop that publishes a dealership website through the Platform is the business behind that website and is responsible for what it says: its vehicles, prices, and advertising; holding the dealer or repair licenses the law requires; and following consumer-protection and advertising laws. When a shopper sends a form from a dealer website (a question, test-drive request, trade-in, or pre-qualify form), that information goes to that dealer, who may contact the shopper about the request. Pre-qualify forms are not credit applications and don't affect anyone's credit. A Shop that imports its inventory from another source (such as its inventory listing service) is responsible for having the right to use that information and those photos, and for the accuracy of what's imported.
10. Acceptable use
You agree not to: impersonate another person or business; post false, misleading, or defamatory content; use the Platform to send unsolicited advertising; attempt to access another account or another Shop's information without authorization; or use the Platform for anything illegal. Content you post (profile information, ratings, messages) should relate to the work being described, or to the vehicle or item being listed - the Platform is a professional services marketplace, not a general social site.
11. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. A BUYERS CHOICE DOES NOT PERFORM, SUPERVISE, OR GUARANTEE ANY REPAIR WORK - THAT WORK IS PERFORMED BY THE SHOP AND ITS TECHNICIANS, WHO ARE INDEPENDENT OF A BUYERS CHOICE UNLESS THE SHOP IS A BUYERS CHOICE. ANY DISPUTE ABOUT THE QUALITY, COST, OR OUTCOME OF REPAIR WORK IS BETWEEN YOU AND THE SHOP THAT PERFORMED IT.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, A BUYERS CHOICE AND ITS OWNERS, OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, A BUYERS CHOICE'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE PLATFORM WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THIS SECTION DOES NOT LIMIT LIABILITY FOR REPAIR WORK PERFORMED BY A BUYERS CHOICE'S OWN SHOP IN ITS CAPACITY AS A REPAIR FACILITY, WHICH IS GOVERNED BY THE SEPARATE TERMS OF YOUR REPAIR ORDER AND APPLICABLE LAW.
13. Indemnification
You agree to indemnify, defend, and hold harmless A Buyers Choice, its owners, officers, employees, contractors, and agents (the "Released Parties") from and against any and all claims, demands, losses, liabilities, damages, judgments, and expenses (including reasonable attorneys' fees and costs of defense), however arising, that result from or relate to: (a) your use or misuse of the Platform; (b) your violation of these Terms or any policy referenced in them; (c) your violation of any law, regulation, or the rights of a third party (including another user); (d) any content, information, or listing you submit, post, or transmit through the Platform; or (e) if you are a Shop or Technician, the repair work, diagnosis, advice, estimate, or other service you perform, provide, or fail to provide to a Customer through the Platform. This indemnification obligation survives your stopping use of the Platform or the termination of your account.
14. Release - disputes are between users, not with us
The Platform is a place where Customers, Shops, and Technicians find each other and manage a repair job - A Buyers Choice does not perform repair work (except through its own Shop, acting in that separate capacity), does not employ or supervise a Shop's technicians, and is not a party to the repair relationship between a Customer and a Shop. If you have a dispute with one or more other users - about the quality, cost, timing, or outcome of repair work, about something said in an in-app message, about a rating or review, or about anything else arising from your interactions with another user - you release A Buyers Choice, its owners, officers, employees, contractors, and agents from any and all claims, demands, and damages (actual or consequential) of every kind, known or unknown, arising out of or in any way connected to that dispute. This release does not apply to claims arising from repair work performed by A Buyers Choice's own Shop, in its separate capacity as a repair facility, or from A Buyers Choice's own gross negligence or willful misconduct in operating the Platform itself.
15. Assumption of risk; no professional advice
Vehicle repair and maintenance carry inherent risks, and you assume those risks when you request, authorize, or perform repair work found or coordinated through the Platform. Information the Platform surfaces or auto-fills (including VIN-decoded vehicle data, cost estimates, ratings, tier levels, and vehicle history notices) is provided for convenience only, may come from third-party sources or from other users, is not independently verified by A Buyers Choice, and is not a substitute for your own inspection, a qualified technician's in-person diagnosis, or professional advice. Nothing on the Platform is legal, financial, or automotive-safety advice.
16. Time limit to bring a claim
To the fullest extent permitted by law, any claim or cause of action you may have arising out of or related to your use of the Platform (other than a claim arising from repair work performed by A Buyers Choice's own Shop, which follows the time limits that otherwise apply by law) must be filed within one (1) year after the claim or cause of action first accrued, or it is permanently barred.
17. Disputes and binding arbitration
Please read this section carefully - it affects your legal rights.
Most concerns can be resolved by contacting us directly (see Section 21 below), and we encourage you to try that first.
If a dispute can't be resolved informally within 30 days, you and A Buyers Choice agree that it will be resolved by binding arbitration on an individual basis, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies. You and A Buyers Choice each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative action - the arbitrator may not consolidate more than one person's claims and may not preside over any form of a class or representative proceeding. Arbitration will be conducted by a mutually agreed neutral arbitrator (or, absent agreement, a reputable arbitration provider such as AAA or JAMS) under its consumer arbitration rules then in effect, and may be conducted by phone, video, written submissions, or in person in the county where you reside or where the applicable Shop is located, at your election.
You may opt out of this arbitration section entirely by emailing us at the address in Section 21 within 30 days of first agreeing to these Terms, stating that you opt out of arbitration and including your name and account email. Opting out of arbitration does not affect any other part of these Terms or your ability to use the Platform.
18. Termination
You may stop using the Platform at any time. We may suspend or terminate an account that violates these Terms, misuses the Platform, or poses a risk to other users. Sections of these Terms that by their nature should survive termination (including Sections 7, 8, and 11 through 17) will survive.
Abuse or misuse of the Platform may also result in a monetary penalty of up to the amount you paid for your membership, in addition to (not instead of) suspension or blocking of your access to the Platform.
19. Changes to these Terms
We may update these Terms as the Platform changes. When we do, the version date at the top changes, and every account - new or existing - is asked to review and accept the current version the next time they sign in, before continuing to use the Platform. We'll keep a record of which version each account accepted, and when.
20. General provisions
These Terms (together with any policy they expressly reference) are the entire agreement between you and A Buyers Choice about the Platform, and replace any earlier agreements about it. If any part of these Terms is found unenforceable, the rest remains in full effect, and the unenforceable part will be read to accomplish its intent as closely as the law allows. Our failure to enforce any part of these Terms is not a waiver of it. You may not assign or transfer your account or any rights under these Terms without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control. These Terms are for the benefit of you and A Buyers Choice only, and (except for the Released Parties named in Sections 13 and 14) create no rights for any other person.
21. Contact
Questions about these Terms can be sent to A Buyers Choice at help@reply.technicianstars.com, or through the contact form on our Customer Support page.
22. Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except that Section 17 (Disputes and binding arbitration) is governed by the Federal Arbitration Act.