Terms of Service
Effective Date: April 11, 2026
Last Updated: April 11, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 18) THAT AFFECT YOUR LEGAL RIGHTS. BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
These Terms of Service (the "Terms" or "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and BMB Rynetrade Inc., a California corporation with its principal place of business in the State of California ("Company," "we," "us," or "our"), governing your access to and use of the DiagText Pro service, including all related websites, software, SMS messaging, and content (collectively, the "Service").
By accessing, registering for, subscribing to, or otherwise using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
1. Definitions
"Service" means the DiagText Pro AI-powered automotive diagnostic assistant operated by Company, including all SMS-based query and response functionality, web-based interfaces, wiring diagram fulfillment, and any related features. "Subscriber" means a User who has enrolled in a paid or free subscription tier. "Content" means any data, text, code, images, diagnostic information, or other material transmitted through the Service. "Diagnostic Output" means any AI-generated suggestion, response, or recommendation produced by the Service.
2. The Service
DiagText Pro is an AI-powered diagnostic assistant intended for use by licensed automotive technicians and repair professionals. The Service accepts vehicle identification numbers ("VINs"), diagnostic trouble codes ("DTCs"), and related vehicle information via SMS and returns AI-generated diagnostic suggestions, probable causes, and recommended next steps. The Service may also fulfill wiring diagram requests sourced from third-party reference libraries.
The Service is an assistive informational tool only. Diagnostic Output is generated by artificial intelligence based on probabilistic models and publicly available technical data, and is not a substitute for the independent professional judgment, training, certification, hands-on inspection, or testing performed by a qualified automotive technician. You acknowledge and agree that you bear sole responsibility for verifying, validating, and confirming any Diagnostic Output before relying on it, performing any repair, or making any representation to a customer.
3. Eligibility
You must be at least eighteen (18) years of age and legally capable of entering into a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements. The Service is intended for use by automotive professionals; consumer use is permitted but not the primary purpose, and the limitations and disclaimers in these Terms apply equally regardless of user type.
4. Account Registration and Security
To access certain features, you may be required to provide a mobile telephone number and other identifying information. You agree to provide accurate, current, and complete information and to keep such information updated. You are solely responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account or phone number. You agree to notify Company immediately of any unauthorized use. Company is not liable for any loss or damage arising from your failure to safeguard your credentials.
5. Subscriptions, Billing, and Auto-Renewal
The Service is offered on a subscription basis. By subscribing, you authorize Company (and its third-party payment processors) to charge your designated payment method on a recurring basis at the then-current subscription rate, plus applicable taxes, until you cancel. Subscriptions automatically renew at the end of each billing cycle unless cancelled prior to the renewal date. Query allowances, message credits, and other usage-based features reset at the start of each billing cycle and do not roll over.
Company reserves the right to modify subscription pricing at any time. Any price changes will take effect at the start of the next billing cycle and you will be notified in advance via SMS or email. Continued use of the Service after a price change constitutes acceptance of the new pricing.
6. Cancellation and Refund Policy
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing cycle, and you will retain access to the Service until that date. All fees paid are non-refundable except where required by applicable law. Refunds, credits, and account adjustments are issued at the sole and absolute discretion of the Company on a case-by-case basis. The Company is under no obligation to issue a refund and any refund granted in one instance does not create an obligation to grant refunds in any other instance.
7. SMS Messaging Terms (A2P 10DLC and Toll-Free)
By providing your mobile telephone number and using the Service, you expressly consent to receive SMS and MMS text messages from DiagText Pro at the number provided, including messages sent via automated technology. Consent to receive marketing messages is not a condition of purchasing the Service. Message frequency varies based on your usage. Standard message and data rates may apply from your wireless carrier.
Opt-Out: You may opt out of SMS messages at any time by replying STOP to any message from the Service. After opting out, you will receive a one-time confirmation message and no further messages, except that you may continue to receive transactional or service-related messages necessary to fulfill any active subscription.
Help: Reply HELP to any message from the Service to receive contact information and assistance.
Carrier Disclaimer: Wireless carriers are not liable for delayed or undelivered messages. Company is not responsible for any charges imposed by your wireless carrier.
The Service operates in compliance with the Telephone Consumer Protection Act ("TCPA"), the CAN-SPAM Act, the CTIA Messaging Principles and Best Practices, and applicable A2P 10DLC and toll-free verification requirements.
8. Acceptable Use
You agree not to, and will not permit any third party to: (a) use the Service for any unlawful, fraudulent, harmful, defamatory, or abusive purpose; (b) transmit any content that infringes the intellectual property, privacy, or other rights of any third party; (c) reverse engineer, decompile, disassemble, scrape, or otherwise attempt to derive the source code or underlying models of the Service; (d) use the Service to develop a competing product or to train any machine learning model; (e) resell, sublicense, or redistribute access to the Service without Company's prior written consent; (f) interfere with, disrupt, or impose an unreasonable load on the Service or its infrastructure; (g) use the Service to send unsolicited commercial messages or to send messages on behalf of any third party without their express written consent; (h) impersonate any person or misrepresent your identity or affiliation; or (i) circumvent any access controls, rate limits, or security measures.
Company reserves the right to investigate any suspected violation of this Section 8 and to suspend or terminate any account that violates or that Company reasonably suspects of violating these Terms, without notice and without refund.
9. User Content and Data
You retain ownership of any Content you submit to the Service. By submitting Content, you grant Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, process, transmit, and store such Content solely for the purpose of providing, improving, and securing the Service. You represent and warrant that you have all necessary rights to submit such Content and that submission does not violate any third-party right or applicable law.
Company may aggregate, anonymize, and use de-identified data derived from User Content for analytics, service improvement, model evaluation, and other lawful business purposes.
10. Intellectual Property
The Service, including all software, AI models, prompts, system designs, user interfaces, branding, logos, and content (excluding User Content), is the exclusive property of Company and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. No license or right is granted by implication, estoppel, or otherwise except as expressly set forth herein. "DiagText Pro" and related marks are trademarks of Company. Unauthorized use is prohibited.
11. Third-Party Services and References
The Service may incorporate, link to, or rely upon third-party services, data sources, repair information libraries, and APIs (collectively, "Third-Party Services"). Company does not endorse, control, or assume responsibility for any Third-Party Service. Your use of any Third-Party Service is at your own risk and may be subject to additional terms imposed by the third-party provider.
12. Privacy
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, store, and disclose information. By using the Service, you consent to such collection and use. Company implements commercially reasonable safeguards to protect User information, but does not guarantee absolute security.
13. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND TITLE.
COMPANY DOES NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) ANY DIAGNOSTIC OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR SUITABLE FOR ANY PARTICULAR VEHICLE OR REPAIR SCENARIO. DIAGNOSTIC OUTPUT IS PROBABILISTIC AND MAY BE INCOMPLETE, OUTDATED, OR INCORRECT. YOU ACKNOWLEDGE THAT YOU USE DIAGNOSTIC OUTPUT AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL INFORMATION BEFORE ACTING ON IT.
NOTHING IN THE SERVICE CONSTITUTES PROFESSIONAL, MECHANICAL, ENGINEERING, LEGAL, OR SAFETY ADVICE. THE SERVICE IS NOT A SUBSTITUTE FOR PROPER TRAINING, CERTIFICATION, OR HANDS-ON DIAGNOSTIC PROCEDURE.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, VEHICLE DAMAGE, PROPERTY DAMAGE, BODILY INJURY, OR ANY OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY DIAGNOSTIC OUTPUT, OR ANY ACTION TAKEN OR REPAIR PERFORMED IN RELIANCE ON THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Indemnification
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; (d) any Content you submit to the Service; (e) any repair, recommendation, or action you take in reliance on Diagnostic Output; or (f) any harm caused to any person, vehicle, or property as a result of your use of the Service. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate fully.
16. Term and Termination
These Terms remain in effect for as long as you use the Service. Company may suspend or terminate your access to the Service, in whole or in part, at any time, with or without cause, with or without notice, and without liability. Upon termination, your right to use the Service ceases immediately. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation Sections 9 (User Content), 10 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 18 (Arbitration), and 19 (Governing Law).
17. Modifications to Service and Terms
Company reserves the right to modify, suspend, or discontinue the Service or any feature thereof at any time, with or without notice, and without liability. Company may also modify these Terms at any time. Material changes will be communicated by posting an updated version of these Terms on the Service website with a revised "Last Updated" date. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.
18. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a) Agreement to Arbitrate. You and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the formation, validity, interpretation, breach, or termination thereof (collectively, "Disputes"), shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that you may assert claims in small claims court if the claims qualify and remain in such court.
(b) Arbitration Rules and Forum. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (or, at Company's election, by JAMS under its Streamlined Arbitration Rules). The arbitration shall be conducted in Orange County, California, or by video conference if both parties agree. The arbitrator shall be a retired judge or attorney experienced in commercial and technology disputes. Judgment on the award may be entered in any court of competent jurisdiction.
(c) Class Action Waiver. YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS PROCEEDING. YOU WAIVE ANY RIGHT TO A JURY TRIAL.
(d) Opt-Out. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to the contact address in Section 21 within thirty (30) days of first using the Service. Your notice must include your full name, mailing address, mobile number registered with the Service, and a clear statement that you wish to opt out of the arbitration agreement.
(e) Severability. If any portion of this Section 18 is found unenforceable, that portion shall be severed and the remainder shall remain in full force, except that if the class action waiver in subsection (c) is found unenforceable, this entire Section 18 shall be null and void.
19. Governing Law and Venue
These Terms and any Dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the binding arbitration provision in Section 18, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California for any action not subject to arbitration.
20. Force Majeure
Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, power failures, internet or telecommunications outages, third-party service failures, or pandemics.
21. Notices and Contact
All legal notices to Company must be sent to the email address below. Company may provide notices to you by SMS to your registered phone number, by email if provided, or by posting on the Service website. Notices are deemed given upon transmission.
BMB Rynetrade Inc.
State of California
Email: info@diagtext.com
22. Miscellaneous
Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Company regarding the Service and supersede all prior or contemporaneous agreements, communications, or proposals, whether oral or written.
Severability. If any provision of these Terms is held invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
No Waiver. The failure of Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of Company.
Assignment. You may not assign or transfer these Terms or any rights hereunder without Company's prior written consent. Company may assign these Terms at any time without notice or consent. Any attempted assignment in violation of this section is void.
No Agency. No agency, partnership, joint venture, or employment relationship is created between you and Company by these Terms.
Headings. Section headings are for convenience only and have no legal effect.
© 2026 BMB Rynetrade Inc. All rights reserved. DiagText Pro is a trademark of BMB Rynetrade Inc.