Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at siblingk.com (the "Site") and the products and services offered by Siblingk Inc ("Siblingk," "we," "us," or "our"). By accessing the Site or using the Services, you agree to these Terms. If you do not agree, do not use the Site or Services.

1. Definitions

• Services — the Site and Siblingk’s products, including conversion websites, lead intake and advisor workspace, AI voice and chat assistance ("Lucy"), SMS and WhatsApp messaging, advertising management, social content, and operations tools powered by Dcitelly, together with related add-ons.
• Customer (or "you") — the auto repair business that purchases or uses the Services, and its authorized users.
• End Customer — a customer or prospect of the Customer whose information is handled through the Services.

2. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use the Services, and you must use the Services for business purposes. You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your account credentials, and for all activity under your account.

3. The Services

Siblingk provides a website and a suite of optional add-ons that help auto repair shops attract, capture, and retain customers, including the smart capture workspace, advertising ("Reflector"), automated messaging ("Reactiva"), social content, and operations features. Features, availability, and pricing may change. Some add-ons require an active base plan and a connected website.

4. Fees, billing, and cancellation

• Setup and subscription fees. Build, setup, and monthly subscription fees are described at the time of purchase. Monthly fees are billed in advance on a recurring basis until cancelled.
• Advertising budgets. For advertising Services, the advertising budget (media spend) is paid separately and directly to the advertising platform (for example, Google or Meta) and is not included in Siblingk’s management fee. You set and control your budget.
• Usage-based charges. Certain features (for example, calls and text messages) may be billed by usage and require a minimum top-up as described at purchase.
• No long-term contract. Unless otherwise agreed in writing, plans are month-to-month and may be cancelled effective at the end of the current billing period. Fees already paid are non-refundable except where required by law.
• Taxes. Fees are exclusive of applicable taxes, which are your responsibility.

5. Customer responsibilities and acceptable use

You are responsible for your use of the Services and for your communications with End Customers. You agree that you will:

• Comply with all applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and state telemarketing, call-recording, and consumer-protection laws;
• Obtain and maintain all legally required consents from your End Customers before sending SMS, WhatsApp, or other messages, and honor opt-out requests promptly;
• Provide any legally required notice and obtain any required consent before phone calls are recorded or transcribed by AI features, including in states that require all-party consent;
• Ensure that any data you upload or that the Services collect on your behalf was obtained lawfully and that you have the right to use it;
• Not use the Services to send unlawful, deceptive, harassing, or unsolicited messages, or for any unlawful or prohibited purpose; and
• Not interfere with, reverse engineer, or attempt to gain unauthorized access to the Services.

You are solely responsible for any consequences arising from your failure to obtain required consents or otherwise comply with applicable law.

6. AI features

The Services include automated and AI-assisted features ("Lucy") that may answer calls and messages, qualify leads, transcribe calls, and draft responses. AI outputs may be inaccurate or incomplete and are provided to assist, not replace, human judgment. You are responsible for reviewing and approving outputs where appropriate and should not rely on AI features as professional, legal, financial, medical, or safety advice.

7. Third-party services

The Services rely on third-party providers (for example, advertising platforms, telephony and messaging providers, email delivery, hosting, and payment processors). Your use of those features may be subject to the third parties’ terms, and we are not responsible for their acts or omissions. Advertising platforms control ad approval, delivery, and performance.

8. No guarantee of results

Examples of past results (for example, increases in calls, bookings, or local ranking) are illustrative and not a promise or guarantee of any specific outcome. Marketing performance depends on many factors outside our control, including your market, budget, pricing, responsiveness, and platform behavior.

9. Intellectual property

As between the parties, Siblingk owns the Services, software, and all related intellectual property. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. You retain ownership of the content and data you provide, and you grant us a license to host, process, and use it to provide and improve the Services. You may not copy, resell, or create derivative works of the Services without our written consent.

10. Data and privacy

Our handling of personal information is described in our Privacy Policy, which is incorporated by reference. For data we process on your behalf about your End Customers, you are the controller and we act as a service provider; a Data Processing Addendum is available on request.

11. Confidentiality

Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public, independently developed, or required to be disclosed by law.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIBLINGK AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You will indemnify and hold harmless Siblingk and its affiliates from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your content or data, your communications with End Customers, or your violation of these Terms or applicable law (including TCPA and call-recording laws).

15. Term and termination

These Terms apply while you use the Services. Either party may terminate as described in Section 4 or for material breach. We may suspend or terminate access immediately if we believe you have violated these Terms or applicable law, or to protect the Services. Upon termination, your right to use the Services ends; provisions that by their nature should survive will survive.

16. Governing law and disputes

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. The exclusive venue for any dispute will be the state or federal courts located in Kendall County, Illinois, and you consent to their jurisdiction. Any claim must be brought within one (1) year after it arises.

17. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new "Last updated" date and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance.

18. Miscellaneous

These Terms, together with the Privacy Policy and any order or plan you agree to, are the entire agreement between you and Siblingk regarding the Services. If any provision is found unenforceable, the rest remain in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control.

19. Contact

Siblingk Inc

Email: support@siblingk.com

Mailing address: Plano, IL 60545