Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and [LEGAL ENTITY NAME] ("KEVIN," "we," "us"). They govern the KEVIN mobile app, web app, and website (the "Service"). By creating an account, clicking "I agree," or using the Service, you accept these Terms and our Privacy Policy. If you don't agree, don't use the Service.

Please read Section 3 (Not Professional Advice), Section 12 (Disclaimer of Warranties), Section 13 (Limitation of Liability), and Section 15 (Arbitration & Class Action Waiver — with a 30-day opt-out) carefully. They affect your legal rights.

1. What KEVIN is — three services

• KEVIN AI (free): automated analysis of repair estimates and answers to car questions, generated in part by artificial intelligence.
• Live Advisor (subscription): chat with a human advisor who gives opinions and advocacy about repairs and pricing.
• Negotiate ("Negotiation Service," $99 flat fee): at your direction, a KEVIN representative contacts your repair shop by phone to seek a price reduction on an estimate you designate.
• YOSA Concierge (subscription): an all-inclusive household tier (up to 3 cars) that includes Live Advisor access and up to 3 uses of the Negotiation Service per vehicle per year.

KEVIN is a consumer-information and advocacy tool. KEVIN is not an automotive repair dealer, dealership, mechanic, inspector, insurer, warranty provider, or professional advisor of any kind, and does not perform, supervise, or guarantee any vehicle repair.

2. Eligibility & accounts

You must be at least 18 years old and located in the United States to use the Service. You're responsible for your account credentials and for the accuracy of information you provide. We may suspend or terminate accounts as described in Section 16.

3. Not professional advice — read this

KEVIN's estimate analysis and chat responses are generated in part by artificial intelligence (Claude, operated by Anthropic, PBC). AI outputs are probabilistic and may be inaccurate, incomplete, or outdated. All guidance from the Service — including AI responses, price-fairness assessments, game plans, recall information, and communications with human advisors — is provided for general informational purposes only. It does not constitute professional mechanical, diagnostic, legal, insurance, or financial advice, and no advisor-client, fiduciary, or professional relationship is created.

• Fair-price ranges are estimates based on available market data — not a determination of what any specific repair should or will cost.
• Every vehicle is different. Maintenance intervals, "due," "not due," and "skip" indications, health scores, and what's-due forecasts are based on typical manufacturer schedules and general industry patterns. Actual needs vary by make, model, year, engine, trim, mileage, climate, driving habits, prior maintenance, and the condition of the specific vehicle. Some vehicles need a given service well before the typical interval; others later. For example, many vehicles don't need a coolant service before roughly 100,000–120,000 miles, but a specific vehicle may need one sooner because of a leak, contamination, or a manufacturer-specific schedule. Your owner's manual, manufacturer bulletins, and an in-person inspection by a qualified technician take precedence over any interval or verdict shown in the Service. A "not due" or "skip" indication is a general starting point for the conversation with your shop — not a statement that a service is unnecessary for your particular vehicle — and any visible symptom (a leak, a noise, a warning light, a fluid that looks wrong) overrides an interval.
• Recall data comes from NHTSA's public database and may be incomplete or delayed; verify at nhtsa.gov.
• You are solely responsible for decisions about your vehicle, including whether to authorize, decline, or defer any repair.
• Safety warning: for any condition that may affect vehicle safety — brakes, steering, tires, airbags, warning lights, structural damage — have the vehicle inspected in person by a qualified, licensed repair facility before driving it. Do not rely on KEVIN to determine whether a vehicle is safe to operate.

4. Subscriptions, billing & cancellation

Plans: Live Advisor is $16.99/month. YOSA Concierge is $49.99/month (one vehicle by VIN). Prices may change with advance notice; changes apply at your next renewal.

Auto-renewal: subscriptions renew automatically each month and your payment method is charged at the start of each billing period, until you cancel. Before you subscribe, we display the price, billing frequency, that the subscription continues until cancelled, and how to cancel — and we ask for your separate, affirmative consent to these auto-renewal terms. After purchase we send an acknowledgment with the terms and cancellation instructions.

How to cancel: purchases made through Apple are managed and cancelled in your Apple Account Settings → Subscriptions; through Google, in Google Play → Payments & subscriptions. Web purchases can be cancelled in Account settings with a click — no phone call required. Cancellation takes effect at the end of the current billing period, and you keep access until then. Deleting the app does not cancel a subscription.

Refunds: subscription fees are non-refundable except where required by law or the app store's own policies (refunds for purchases made through Apple or Google are handled by Apple or Google). Partial billing periods are not refunded.

5. The Negotiation Service ($99 flat fee)

• What it is: a KEVIN representative contacts the repair shop you designate, by phone, to seek a price reduction on the written estimate you provide. It is a one-time, non-recurring fee, separate from and in addition to any subscription.
• No guarantee: KEVIN does not guarantee that any negotiation will produce savings, that any particular amount will be saved, or that the shop will engage with us at all. The shop has no obligation to negotiate. Past savings achieved for other users do not predict your outcome. The fee pays for the negotiation service as described — it is not a purchase of a result.
• "Savings" defined: the documented difference between the shop's written pre-negotiation estimate and the post-negotiation price for the identical scope of work. Price changes from reduced scope you chose, discounts you could have obtained directly, or changes the shop made independent of the negotiation don't count as Savings.
• When you're charged: the Negotiation Fee is charged to your payment method on file at the moment Savings are achieved that exceed the amount of the fee. It is charged whether or not you subsequently approve the repair work or use the negotiated price — the fee pays for the negotiation, not the repair. If we cannot obtain a price reduction, or the Savings are less than the fee, you pay nothing. Approving or declining the repair itself always remains your decision (see "Only you authorize repairs" below) and does not affect the fee.
• Your obligations: provide a genuine, unaltered estimate and accurate shop contact information, and confirm the final price directly with the shop on your work order or invoice.
• Only you authorize repairs. Our representative discusses price only. We have no authority to approve, decline, expand, or reduce any repair work on your behalf, or to bind you to anything.
• Insurance exclusion: the Negotiation Service is not available for repairs being paid or reimbursed through an insurance claim.
• Call recording: calls with repair shops may be recorded to document negotiation outcomes and for quality purposes, where permitted by law and with any legally required consent or announcement.
• Fee disputes: if you believe a Negotiation Fee was charged in error, contact us within 30 days; your exclusive remedy is a refund of that fee.

6. Not a party to your repair

Any repair agreement is solely between you and the repair shop; KEVIN is not a party to that contract. When you purchase the Negotiation Service, you direct and authorize KEVIN to communicate with the shop on your behalf solely for price discussion. KEVIN does not select, endorse, vet, or warrant any repair shop and is not responsible for the quality, safety, timeliness, pricing, or outcome of any repair, or for any act or omission of any shop.

7. Your content & license to us

You keep ownership of the content you submit (estimate photos, chat messages, vehicle records). You grant KEVIN a worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, process (including via the third-party AI provider described in Section 3 and our Privacy Policy), analyze, and display your content in order to operate, improve, and provide the Service, including creating de-identified, aggregated repair-pricing data that KEVIN may use for any lawful purpose. You represent that you have the right to submit the content you upload and that estimates you submit are genuine and unaltered.

8. Acceptable use

You agree not to: submit fraudulent, altered, or someone else's documents without authority; use the Service to harass, threaten, or defame any person or business (including repair shops); attempt to generate prohibited or offensive content with the AI; probe, scrape, reverse engineer, or access the Service by automated means; interfere with the Service's operation or other users; or use the Service for any unlawful purpose. You can report objectionable AI output with the in-app report control or at support@kevinauto.app; we may remove content and suspend accounts that violate this section.

9. Intellectual property

The Service — including software, design, text, graphics, logos, pricing databases, and the presentation of AI outputs — is owned by KEVIN or its licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes. If you send us feedback or suggestions, we may use them without restriction or compensation.

10. Third-party services

The Service depends on third parties: Anthropic (AI processing), Supabase (hosting), Slack (advisor messaging), Apple/Google (app distribution and billing), [PAYMENT PROCESSOR, e.g. Stripe], and NHTSA (recall data). We aren't responsible for third-party services, and their terms may apply to your use of them. Repair shops are not our partners, agents, or service providers.

Apple: if you downloaded the app from Apple's App Store, these Terms are between you and KEVIN, not Apple. Your license to the iOS app is a non-transferable license to use it on Apple-branded devices that you own or control, as permitted by the App Store Terms. Apple has no obligation to furnish maintenance or support. In the event the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for product claims, third-party IP claims, or legal compliance relating to the app. You represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

11. Termination

You may stop using the Service and delete your account at any time (Account → Delete account in the app, or on the web at our account page). We may suspend or terminate your access if you breach these Terms, create risk or legal exposure for us or others, or if we discontinue the Service (with notice and a pro-rata refund of prepaid, undelivered subscription time in that case). Sections 3, 5–9, and 12–18 survive termination.

12. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT AI OUTPUTS OR PRICE RANGES WILL BE ACCURATE, OR THAT ANY NEGOTIATION WILL PRODUCE SAVINGS. Some states do not allow certain warranty disclaimers; see Section 17 for state-specific terms, including for New Jersey residents.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) KEVIN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR DIMINISHED VEHICLE VALUE; AND (b) KEVIN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO KEVIN IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR (ii) ONE HUNDRED DOLLARS ($100). These limitations do not apply to liability that cannot be limited by law, including for gross negligence, willful misconduct, or fraud. See Section 17 for state-specific terms.

14. Indemnification

You will defend, indemnify, and hold harmless KEVIN, its officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising out of: your breach of these Terms; your violation of law; content you submit; your vehicle or your repair decisions; or your agreement or dispute with any repair shop.

15. Dispute resolution — arbitration & class action waiver

(a) Talk to us first. Before filing any claim, you and KEVIN each agree to send the other an individualized written notice describing the dispute (to legal@kevinauto.app or, from us, to your account email) and to negotiate in good faith for 60 days. Limitation periods are tolled during this process. Most issues get fixed here.

(b) Binding individual arbitration. Except as provided below, any dispute arising out of these Terms or the Service will be resolved by binding individual arbitration before the American Arbitration Association under its Consumer Arbitration Rules. KEVIN will pay all arbitration fees beyond the consumer filing fee required by those rules. The arbitration will be conducted in the county where you live or remotely by videoconference.

(c) Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property. Claims that by law cannot be arbitrated are also excepted.

(d) Class action and jury waiver. Disputes will be resolved on an individual basis only. YOU AND KEVIN EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. If the class waiver in this paragraph is found unenforceable as to a dispute, this entire Section 15 (other than this sentence and subsection (f)) is void as to that dispute.

(e) Coordinated filings. If 25 or more similar demands are filed by or with the assistance of the same counsel or organization, the parties agree the AAA's Mass Arbitration Supplementary Rules apply; claims will proceed concurrently in batches of up to 50; the parties will participate in a global mediation after the first resolved batch; limitation periods are tolled while a claim awaits its batch; and if your claim has not been resolved within 18 months of filing, you may withdraw it and proceed in court.

(f) 30-day opt-out. You can reject this arbitration agreement — with no effect on your service or price — by emailing legal@kevinauto.app within 30 days of first accepting these Terms, with your name, account email, and a statement that you opt out of arbitration.

16. Changes to these Terms

We may update these Terms as the Service evolves. For material changes we'll give you advance notice in the app or by email and ask you to accept the updated Terms; changes to Section 15 will not apply to disputes that arose before the change unless you accept them. The current version will always be posted here with its effective date.

17. State-specific provisions

New Jersey residents: the limitations in Sections 12 and 13 do not limit your rights to recover damages available under the New Jersey Punitive Damages Act, the New Jersey Products Liability Act, the New Jersey Uniform Commercial Code, or the New Jersey Consumer Fraud Act, and nothing in these Terms limits liability for KEVIN's own gross negligence, willful misconduct, or fraud under New Jersey law.

California residents: under Cal. Civ. Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210. You may cancel subscriptions as described in Section 4.

18. General

These Terms are governed by the laws of [STATE], without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 15. If any provision is found unenforceable, the rest remain in effect (except as stated in Section 15(d)). You may not assign these Terms; we may assign them in connection with a merger or sale. These Terms plus the Privacy Policy are the entire agreement between you and KEVIN about the Service. Notices to us: [LEGAL ENTITY NAME], [MAILING ADDRESS], legal@kevinauto.app.