Terms of Service - FixMyCarSound.com

Last Updated: 17 February 2026

⚠️ CRITICAL SAFETY WARNING - READ BEFORE USE ⚠️

DRIVERS: NEVER OPERATE RECORDING DEVICES WHILE DRIVING.

Many automotive sounds occur only while the vehicle is in motion. To record these sounds safely and legally:

OPTION 1: Passenger Recording (Recommended)

Have a passenger operate the recording device
Driver focuses solely on safe vehicle operation
Passenger should position device near suspected problem area
Record continuously during maneuvers that trigger the sound
Minimum 15 seconds recommended

OPTION 2: Hands-Free Mounted Recording (Solo Drivers - Check Local Laws First)

Securely mount phone/device BEFORE putting vehicle in motion
Use voice-activated recording (no touching device while moving)
Set up recording completely before driving
WARNING: Many states prohibit this method - verify your local laws

OPTION 3: Stationary Recording Only

For sounds that occur while parked (idle, revving, accessory noise)
Vehicle must be safely parked with parking brake engaged
Record in well-ventilated area (carbon monoxide hazard)
Keep clear of moving parts (belts, fans, pulleys)

OPTION 4: Professional Recording

Have a mechanic record during test drive
Safest option for complex or dangerous diagnoses
Recommended for safety-critical issues

STATE-SPECIFIC LAWS - YOUR RESPONSIBILITY TO KNOW:

You are responsible for knowing and complying with your state's laws regarding: - Phone operation while driving (including at stoplights) - Distracted driving statutes
- Hands-free device restrictions - Passenger device operation restrictions (some states limit this too)

Examples: Colorado, California, Washington, and many other states prohibit drivers from holding or operating phones while driving under ANY circumstances. Some states restrict hands-free use. Penalties include fines, points, and license suspension.

IMMEDIATE SAFETY CONCERNS - DO NOT DRIVE:

If you suspect any of the following, DO NOT OPERATE THE VEHICLE: - Brake grinding, squealing, or metal-on-metal sounds - Rod knock or severe engine knocking
- Loss of power steering or steering noise - Transmission slipping or harsh shifting - Any unusual sound accompanied by dashboard warning lights - Any sound that suggests imminent mechanical failure

Call a tow service and certified mechanic immediately. Do not attempt to drive.

RECORDING SAFETY CHECKLIST:

Before recording, verify: - ✓ If recording while parked: parking brake engaged, well-ventilated area - ✓ If recording while moving: passenger (not driver) operates device - ✓ Driver is focused 100% on vehicle operation and traffic - ✓ Recording method complies with your state/local laws - ✓ You are clear of moving engine components - ✓ Vehicle is safe to operate (no warning lights, no critical failures)

BY PROCEEDING, YOU ACKNOWLEDGE: - Drivers must NEVER operate recording devices while vehicle is moving - You will comply with ALL applicable state and local laws - Failure to follow these instructions can result in serious injury, death, or legal penalties - You assume ALL risks associated with recording and diagnosing vehicle sounds - You have read and understood these safety warnings

1. Acceptance of Terms

By accessing or using FixMyCarSound.com ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

You must be at least 18 years old to use this Service.

2. Service Description

FixMyCarSound.com provides AI-powered analysis of automotive sounds to help identify potential mechanical issues ("Diagnostic Service"). The Service analyzes audio recordings you submit and provides diagnostic suggestions based on acoustic patterns.

THIS SERVICE IS A DIAGNOSTIC AID ONLY, NOT A REPLACEMENT FOR PROFESSIONAL MECHANICAL INSPECTION.

Results are generated by automated artificial intelligence analysis and may be inaccurate, incomplete, or misleading. Current system accuracy is approximately 82% for top-1 predictions and 95% for top-3 predictions based on internal testing, but individual results vary significantly based on recording quality, vehicle condition, and other factors.

3. No Professional Relationship or Advice

a) Not Professional Mechanical Advice

The Service does not provide professional mechanical, automotive, engineering, or safety advice. Results are generated by automated AI pattern recognition and should not be relied upon as definitive diagnoses.

b) No Mechanic-Client Relationship

Use of this Service does not create any mechanic-client, professional services, consulting, or advisory relationship between you and FixMyCarSound.com, its operators, employees, or affiliates.

c) Mandatory Professional Consultation

YOU MUST CONSULT A CERTIFIED MECHANIC OR AUTOMOTIVE PROFESSIONAL before making any repair decisions, especially for safety-critical issues including but not limited to: - Brake systems (grinding, squealing, soft pedal, vibration) - Steering systems (loss of power steering, grinding, looseness) - Engine failures (rod knock, severe knocking, overheating) - Transmission problems (slipping, harsh shifts, grinding) - Suspension or wheel bearing issues - Any issue that could affect vehicle safety or driveability

d) Emergency Situations

If diagnostic results suggest a safety-critical issue, IMMEDIATELY: - Stop operating the vehicle safely - Do not attempt to drive to a mechanic - Call a tow service - Consult a certified professional before operating the vehicle again

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

a) No Liability for Any Damages

FixMyCarSound.com, its operators, owners, employees, contractors, and affiliates (collectively, "we" or "us") SHALL NOT BE LIABLE for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind arising from or related to:

Use or inability to use the Service
Reliance on diagnostic results or recommendations
Inaccurate, incomplete, or misleading diagnostic results
Vehicle damage, mechanical failures, or breakdowns
Personal injury, death, or property damage
Accidents or collisions while recording audio
Traffic citations or legal penalties for illegal recording
Costs of repairs, replacement parts, towing, or related expenses
Lost time, wages, or business opportunities
Any other losses or damages of any kind

This limitation applies: - Whether the claim is based in contract, tort, negligence, strict liability, or any other legal theory - Even if we have been advised of the possibility of such damages - Even if a remedy fails of its essential purpose - Regardless of the amount of damages claimed

b) Maximum Liability Cap

In no event shall our total aggregate liability to you for all claims exceed the amount you paid for the Service in the 30 days immediately preceding the first claim, or $50.00, whichever is less.

c) Acknowledgment of Risk and Responsibility

You explicitly acknowledge and agree that: - Automotive diagnostics involve inherent uncertainty - AI-based analysis may produce false positives, false negatives, or completely incorrect results - Recording vehicle sounds may be dangerous and involves physical risks - Operating a vehicle with undiagnosed or misdiagnosed issues is dangerous - You are solely responsible for all decisions regarding vehicle operation and repairs - We provide information only; you make all final decisions

d) Independent Decision Making

You acknowledge that you are an independent decision-maker regarding: - Whether and how to record vehicle sounds - Whether to rely on diagnostic results - What repairs or maintenance to perform - Whether to drive the vehicle - Which professionals to consult

5. Disclaimers and No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

a) We Explicitly Disclaim All Warranties Including:

Warranties of merchantability, fitness for a particular purpose, or non-infringement
That the Service will be error-free, accurate, reliable, or available
That diagnostic results will be correct, complete, or useful
That the Service will meet your requirements or expectations
That defects or errors will be identified or corrected
That the Service will be secure or free from harmful components
That results will be delivered within any particular timeframe

b) AI System Limitations

You acknowledge that AI diagnostic systems have fundamental limitations including: - Accuracy limits: Current ~82% top-1 accuracy means ~18% of diagnoses are incorrect - False positives: System may identify problems that don't exist - False negatives: System may miss existing problems entirely - Acoustic confusion: Many faults produce similar sounds (e.g., valve train vs. timing chain) - Recording dependence: Poor audio quality severely reduces accuracy - Context limitations: Cannot perform physical inspection or diagnostic tests - Training bias: May perform poorly on vehicle types, fault types, or recording conditions not represented in training data - Novel faults: May fail to identify unusual or rare mechanical issues - Catastrophic failures: May misclassify severe failures as minor issues or vice versa

c) No Guarantee of Accuracy

We make absolutely no representations, warranties, or guarantees about: - The accuracy, completeness, or reliability of any diagnostic results - The safety of operating your vehicle based on results - The urgency or severity of identified issues - The appropriate course of action for any diagnosis - The cost, complexity, or availability of repairs

d) System Performance Variability

Diagnostic accuracy depends on numerous factors outside our control: - Recording device quality and placement - Background noise and recording environment
- Ambient temperature and weather conditions - Vehicle speed, load, and operating conditions - Accuracy of user-provided context information - Specific make, model, and condition of vehicle - Whether the fault is intermittent or consistent

6. User Responsibilities

a) Safe Recording Practices

You are solely responsible for: - Complying with all state and local laws regarding phone/device operation while driving - Never operating recording devices while driving if you are the driver - Ensuring a passenger operates the device if recording while moving - Using hands-free mounted recording only where legal - Parking safely in a well-ventilated area for stationary recording - Keeping clear of moving parts, hot components, and traffic - Not recording if the vehicle is unsafe to operate - Stopping immediately if safety-critical issues are suspected

b) Legal Compliance

You agree to: - Comply with all applicable federal, state, and local laws - Verify your state's laws regarding device operation while driving - Obtain any required permissions for recording (e.g., in repair shops) - Not use the Service in any jurisdiction where it would be illegal - Accept full responsibility for any legal penalties resulting from your recording methods

c) Information Accuracy

You are responsible for: - Providing accurate context information (when sound occurs, vehicle symptoms, etc.) - Following recording instructions and guidelines - Ensuring adequate recording duration (minimum 15 seconds recommended) - Accurately describing vehicle conditions and symptoms - Not misrepresenting vehicle conditions to obtain desired results

d) Professional Verification

You agree to: - Consult a certified mechanic before making any repair decisions - Obtain professional confirmation of serious diagnoses - Not rely solely on Service results for safety-critical decisions - Seek immediate professional help for emergency situations - Obtain second opinions when appropriate

e) Safety-Critical Response

For diagnoses indicating serious issues (rod knock, brake failures, steering problems), you agree to: - Immediately stop operating the vehicle safely - Not attempt to drive to a repair facility - Contact a tow service and certified mechanic - Not rely on the Service's severity assessment - Treat all potentially serious issues as safety-critical until verified by a professional

7. Indemnification

You agree to indemnify, defend, and hold harmless FixMyCarSound.com, its operators, owners, employees, contractors, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees and court costs) arising from or related to:

Your use or misuse of the Service
Your reliance on diagnostic results or recommendations
Vehicle repairs or maintenance decisions you make
Accidents, injuries, or property damage related to recording
Violations of applicable laws (including distracted driving laws)
Your violation of these Terms
Your violation of any third-party rights
Inaccurate or misleading information you provide
Your failure to consult qualified professionals
Any negligent or wrongful acts or omissions related to your use of the Service

This indemnification obligation survives termination of your use of the Service.

8. Payment Terms

a) Pricing and Passes

Current pricing: $9.99 per 72-hour diagnostic pass, subject to change at any time without notice.

Each pass includes a limited number of diagnostic queries. Excessive use may result in temporary service suspension or pass termination without refund.

b) Payment Processing

Payments are processed through third-party payment processors. You agree to their terms of service. We are not responsible for payment processing errors, delays, or security issues.

c) No Refunds

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE under any circumstances, including but not limited to: - Inaccurate, incomplete, or misleading diagnostic results - User dissatisfaction with results or Service quality - Technical issues, service interruptions, or downtime - Changes in pricing after purchase - User's inability to use the Service - Vehicle damage or repair costs exceeding expectations - Legal penalties resulting from recording methods - Any other reason whatsoever

d) No Guarantees

Purchase of a diagnostic pass does not guarantee: - Any particular level of accuracy or quality - Service availability or uptime - Results within any specific timeframe - That results will be useful or actionable - That the Service will function on your device

9. Acceptable Use

a) Prohibited Uses

You may not: - Use the Service for commercial purposes without written authorization - Resell, redistribute, or sublicense access to the Service - Attempt to reverse engineer, decompile, or extract the diagnostic algorithms - Submit non-automotive audio or intentionally misleading recordings - Abuse, spam, or send excessive requests to overwhelm the Service - Use automated tools to submit requests (bots, scrapers, etc.) - Violate any applicable laws or regulations - Infringe on intellectual property rights - Attempt to access restricted areas of the Service - Interfere with or disrupt Service operation

b) Enforcement

We reserve the right to: - Terminate access immediately for Terms violations - Remove or refuse any content - Investigate suspected violations - Cooperate with law enforcement - Take legal action for serious violations

10. Privacy and Data Use

a) Data Collection

We collect and process: - Audio recordings you submit - Diagnostic results and analysis - Context information you provide - Usage data and analytics - Payment information (processed by third parties) - Device and browser information

See our Privacy Policy for complete details.

b) Recording Storage and Use

IMPORTANT: Submitted audio recordings and associated data may be: - Stored indefinitely on our servers - Used to improve the Service and diagnostic algorithms - Used to train machine learning models - Analyzed for quality assurance and research - Shared with third-party service providers

By submitting recordings, you grant us a perpetual, worldwide, royalty-free license to use, store, analyze, and modify the recordings for these purposes.

c) No Privacy Guarantee

While we implement reasonable security measures, we cannot and do not guarantee: - The security of your data - That data will not be accessed by unauthorized parties - That data breaches will not occur - Protection against all cyber threats

d) Audio Content Responsibility

You are responsible for ensuring recordings do not contain: - Conversations or sounds that violate others' privacy - Confidential or proprietary information - Content that would be illegal to record in your jurisdiction

11. Intellectual Property

a) Service Ownership

The Service, including all algorithms, software, designs, text, graphics, and other content, is owned by FixMyCarSound.com or its licensors and protected by intellectual property laws.

b) Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes only, subject to these Terms.

c) Restrictions

You may not: - Copy, modify, or create derivative works - Reverse engineer or attempt to extract source code - Remove proprietary notices or labels - Use our trademarks or branding without permission

12. Service Modification and Termination

a) Service Changes

We reserve the absolute right to, at any time and without notice: - Modify, suspend, or discontinue the Service (in whole or in part) - Change features, functionality, or capabilities - Impose usage limits or restrictions - Change pricing or payment terms - Update diagnostic algorithms or accuracy

b) Terms Changes

We may modify these Terms at any time by posting updated Terms on the Service. Continued use after modifications constitutes acceptance of the new Terms.

We are not obligated to notify you of Terms changes.

c) Account and Access Termination

We may terminate or suspend your access immediately, without notice or refund, for any reason or no reason, including: - Violation of these Terms - Suspected fraudulent activity - Excessive or abusive use - Legal or regulatory requirements - Business reasons or operational decisions

d) Effect of Termination

Upon termination: - Your right to use the Service immediately ceases - You remain liable for all obligations incurred before termination - Sections 4, 5, 7, 10, 11, 13, and 14 survive termination - No refunds will be provided

13. Dispute Resolution

a) Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.

b) Mandatory Binding Arbitration

YOU AND FIXMYCARSOUND.COM AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES arising out of or relating to these Terms or the Service (including but not limited to claims of negligence, breach of contract, personal injury, wrongful death, or property damage) SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO GO TO COURT (including your right to a jury trial).

c) Arbitration Procedures

Arbitration shall be conducted in Douglas County, Colorado
Each party bears their own attorney fees and costs
Arbitrator's decision is final and binding
Judgment on the award may be entered in any court of competent jurisdiction
Discovery is limited as determined by the arbitrator

d) Class Action and Collective Relief Waiver

YOU AGREE TO RESOLVE ALL DISPUTES INDIVIDUALLY, NOT AS PART OF ANY CLASS, CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE ACTION.

You waive any right to: - Participate in class action lawsuits - Act as a class representative or member - Pursue collective or representative claims - Consolidate claims with other parties

This waiver applies to all claims, including those brought under consumer protection laws.

e) Small Claims Court Exception

Either party may pursue claims in small claims court if: - The claim qualifies under applicable small claims court rules - The claim is brought individually (not as part of a class action) - The small claims court has proper jurisdiction

f) Injunctive Relief

Notwithstanding the arbitration requirement, either party may seek injunctive or equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

g) 30-Day Right to Opt Out of Arbitration

You have 30 days from first use of the Service to opt out of the arbitration agreement by sending written notice to: legal@fixmycarsound.com

Opt-out notice must include: - Your name and contact information - Date of first Service use - Clear statement opting out of arbitration

If you opt out: - The arbitration agreement does not apply to you - All other Terms remain in effect - You may pursue claims in court (subject to class action waiver)

14. General Provisions

a) Severability

If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent.

b) Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FixMyCarSound.com regarding the Service and supersede all prior agreements, understandings, or communications.

c) No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

No waiver shall be effective unless in writing and signed by an authorized representative of FixMyCarSound.com.

d) Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent.

We may assign or transfer these Terms and our rights at any time without notice or consent.

e) No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

f) Survival

Sections 4 (Limitation of Liability), 5 (Disclaimers), 7 (Indemnification), 10 (Privacy), 11 (Intellectual Property), 13 (Dispute Resolution), and 14 (General Provisions) survive termination of these Terms.

g) Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, labor disputes, government actions, or internet/telecommunications failures.

h) Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

i) Language

In the event of any conflict between an English language version and a translated version of these Terms, the English language version shall control.

15. Contact Information

For questions, concerns, or notices regarding these Terms:

Email: legal@fixmycarsound.com Business Name: NovitasVentures, LLC Address: [YOUR BUSINESS ADDRESS or Registered Agent Address]

For customer support or technical issues, use the contact form on our website.

✓ ACKNOWLEDGMENT AND ACCEPTANCE

BY USING THIS SERVICE, YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:

✓ I have read and understood these Terms of Service in their entirety
✓ I understand this is a diagnostic aid only, NOT professional mechanical advice
✓ I will consult a certified mechanic before making any repair decisions
✓ I understand diagnostic results may be inaccurate, incomplete, or misleading
✓ I will never operate recording devices while driving if I am the driver
✓ I will comply with all applicable state and local laws when recording
✓ I will use a passenger to record if vehicle is in motion
✓ I will immediately stop driving if safety-critical issues are suspected
✓ I accept all risks associated with recording and diagnosing vehicle sounds
✓ I agree to binding arbitration and waive my right to jury trial
✓ I waive my right to participate in class action lawsuits
✓ I understand all payments are non-refundable
✓ I accept that FixMyCarSound.com has LIMITED LIABILITY as described above

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SERVICE.

Last Updated: 17 February 2026 Version: 1.0