MMM MOBILE MAINTENANCE MECHANICS

A trade name of RADIAMOND LLC

CUSTOMER

TERMS OF SERVICE

This Agreement governs the relationship between RADIAMOND LLC

and customers using the MMM mobile vehicle service platform.

Effective Date / Version Date: May 18, 2026

Version 1.0

 

Table of Contents

1.       Introduction and Acceptance.......................................................... 3

2.       Definitions..................................................................................... 3

3.       Eligibility and Accounts................................................................... 4

4.       The Platform and MMM’s Role........................................................ 4

5.       Requesting Service; Quotes and Booking......................................... 5

6.       Deposits, Cancellations, and Rescheduling....................................... 5

7.       Payment, Pre-Authorization, and Diagnostics................................... 6

8.       Non-Payment and Collection........................................................... 7

9.       Customer Responsibilities............................................................... 7

10.     Workmanship, Parts, and Inspections.............................................. 7

11.     Disclaimers and Limitation of Liability.............................................. 9

12.     Service Concerns and Disputes with Technicians............................ 10

13.     No Off-Platform Solicitation of Technicians.................................... 10

14.     Communications, SMS, and Marketing Consent............................. 10

15.     Intellectual Property..................................................................... 11

16.     Privacy......................................................................................... 11

17.     Dispute Resolution....................................................................... 11

18.     Account Termination.................................................................... 13

19.     General Provisions........................................................................ 13

20.     Acknowledgment and Acceptance................................................. 14

21.     Electronic Acceptance................................................................... 14

Page numbers refer to the printed PDF version of this Agreement.

 

CUSTOMER TERMS OF SERVICE

These Customer Terms of Service (the “Agreement”) are entered into by and between RADIAMOND LLC, a Texas limited liability company doing business as MMM Mobile Maintenance Mechanics (also operating under the trade names “MMM,” “M M M,” “M M M Mobile Maintenance Mechanics,” and “Mobile Maintenance Mechanics”) (the “Company,” “MMM,” “we,” “us,” or “our”), and the individual using the MMM mobile vehicle service platform (the “Customer,” “you,” or “your”).

This Agreement becomes effective on the date you accept it electronically through the MMM application or website, or on the date you first book or use a Service, whichever occurs first (the “Effective Date”).

PLEASE READ THIS AGREEMENT CAREFULLY. It describes the terms on which we provide vehicle maintenance, repair, and inspection services through our platform. It contains important provisions regarding payment authorization, pre-authorization holds on your payment card, disclaimers and limitations of our liability, the role of independent contractor technicians who perform service work, your consent to receive SMS and other communications from us, and a binding arbitration provision with class-action, mass-tort, and mass-arbitration waivers. By accepting this Agreement, you acknowledge that you have read it, understand it, and agree to be bound by it.

1. Introduction and Acceptance

1.1 The Platform. MMM operates a mobile platform that connects customers with independent contractor technicians who perform vehicle maintenance, repair, and inspection services at the Customer’s location. The platform includes a customer-facing mobile application, a technician-facing mobile application, related backend systems, and our website at www.mobilemmechanics.com (together, the “Platform”).

1.2 Acceptance. By creating an account, tapping or clicking to accept this Agreement, booking a Service, or otherwise using the Platform, you agree to be bound by this Agreement, the Privacy Policy, and any additional terms presented to you in the booking flow. If you do not agree, you may not use the Platform.

1.3 Capacity. You represent that you are at least eighteen (18) years of age, are legally able to enter into this Agreement, and are using the Platform on your own behalf or on behalf of the registered owner of the vehicle to be serviced with that owner’s authorization.

2. Definitions

The following capitalized terms have the meanings set out below. Other terms are defined where they first appear.

•      “Service” means any vehicle maintenance, repair, inspection, or related work requested through the Platform.

•      “Technician” means the independent contractor approved by MMM who performs a Service.

•      “Job” means an individual Service request and the work performed in response to it.

•      “Quote” means the price and scope of work that MMM provides to you for approval before work begins.

•      “Deposit” means the booking deposit set by MMM and disclosed to you in the booking flow.

•      “Inspection” means a multi-point inspection, pre-purchase inspection (“PPI”), or similar standardized inspection performed by a Technician.

•      “Diagnostic” means a service performed to identify the cause of a problem, which may include limited confirmatory repairs as described in Section 7.

•      “Payment Method” means the credit card, debit card, or other payment instrument you provide to MMM through the Platform.

•      “Privacy Policy” means MMM’s then-current privacy policy, available at www.mobilemmechanics.com/privacy.

3. Eligibility and Accounts

3.1 Account Creation. To request a Service, you must create an account through the Platform. You agree to provide accurate, current, and complete information when registering and to keep that information up to date, including your name, contact information, vehicle information, service address, and Payment Method.

3.2 Account Security. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Notify MMM immediately of any unauthorized access or suspected security issue with your account.

3.3 One Account Per Customer. You may not create multiple accounts to evade restrictions, deposits, deactivation, or other Platform requirements.

3.4 Vehicle Information. You represent that the information you provide about your vehicle is accurate and complete to the best of your knowledge, including make, model, year, mileage, condition, known issues, and any aftermarket parts, modifications, or alterations (for example, lifted suspension, performance tuning, deleted emissions equipment, engine swaps, custom wheels and tires, and similar changes). MMM’s pricing, Quotes, and recommended Services rely on this information. Failure to disclose, or material inaccuracy regarding, modifications or other vehicle conditions may result in (a) revised or revoked Quotes, (b) refusal or suspension of Service, (c) Service performed without representation as to outcome on affected systems, or (d) additional charges to address conditions not initially disclosed.

4. The Platform and MMM’s Role

4.1 What MMM Provides. MMM operates the Platform, evaluates Service requests, sets customer-facing pricing and issues Quotes, matches Customers with Technicians, facilitates payment, and provides customer support. We strive to deliver a professional, convenient, and trustworthy experience and to address concerns in good faith.

4.2 Independent Contractor Technicians. The Technicians who perform Services are not employees of MMM. Technicians are independent contractors who provide services using their own tools, vehicles, training, and judgment. While MMM vets Technicians, sets service standards, and supports the customer relationship, the actual vehicle work is performed by the Technician using their own professional skill. References to “we” or “MMM” in connection with the performance of Services on your vehicle refer to MMM’s role of arranging and supporting those Services through the Platform.

4.3 No Guarantee of Outcome. Vehicles are complex and behave unpredictably, particularly when they have been driven hard, neglected, or modified, or when symptoms point to issues other than the one a Customer initially identifies. MMM does its best to deliver high-quality work, but cannot and does not guarantee that any particular Service will resolve every issue with a vehicle or that no new issues will arise. See Section 10 for further detail on workmanship and Section 11 for disclaimers.

4.4 Support Channel. You may reach MMM for questions, concerns, or escalations through the contact options shown in the Platform and on our website at www.mobilemmechanics.com, or by email to support@mobilemmechanics.com. We strive to respond promptly during business hours; this is a support channel, not a guaranteed response-time commitment.

5. Requesting Service; Quotes and Booking

5.1 Service Requests. You may request a Service through the Platform by describing your concern, providing vehicle information, and selecting a service address. We may request additional information, photographs, or clarification before issuing a Quote.

5.2 MMM Sets Pricing and Quotes. All Quotes are prepared and issued by MMM, not by individual Technicians. Quotes describe the scope of work to be performed and the price for that work. Quotes are valid for the period stated in the Quote or, if not stated, for a reasonable period determined by MMM.

5.3 Acceptance of Quote. Work will not begin until you have accepted the applicable Quote in the Platform, paid any required Deposit, and authorized payment in accordance with Section 7. Acceptance of a Quote constitutes your agreement to pay the Quote amount, plus any additional work you subsequently approve and any taxes or fees disclosed to you.

5.4 Technician Matching. After Quote acceptance, MMM matches your Job with an available, approved Technician. Depending on Platform settings and availability, you may be matched with the first available Technician or be offered a choice of Technicians. MMM may reassign your Job to a different Technician if needed for operational reasons.

5.5 Additional Work. If, during a Job, additional work is recommended (for example, items identified through an Inspection), MMM will present those items to you for approval through the Platform. No additional work is performed without your approval, except for confirmatory work permitted under Section 7.4. Additional work is added to the total amount authorized for payment.

6. Deposits, Cancellations, and Rescheduling

6.1 Deposit. MMM may require a Deposit to secure your booking. The amount of the Deposit is set by MMM in its discretion and disclosed to you in the booking flow before you accept the Quote. The Deposit applies toward the total amount due for the Service or, in the case of certain cancellations, is treated as set out below.

6.2 Cancellation by Customer. You may cancel a booked Service through the Platform. If you cancel at least forty-eight (48) hours before the scheduled service time, the Deposit will be refunded in full. If you cancel less than forty-eight (48) hours before the scheduled service time, the refund of the Deposit is at MMM’s discretion and may be retained in whole or in part to cover scheduling and logistics costs.

6.3 Rescheduling. Reasonable rescheduling requests with at least forty-eight (48) hours’ notice will generally be accommodated without forfeiture of the Deposit, subject to Technician availability.

6.4 Cancellation or Delay by MMM or Technician. If MMM or the assigned Technician cancels your Service, or fails to arrive within a reasonable window of the scheduled time without rescheduling, you may either reschedule the Service or receive a full refund of any Deposit paid.

6.5 Force Majeure. MMM is not responsible for delays or cancellations caused by events beyond our reasonable control, including severe weather, natural disasters, public emergencies, network outages, or governmental action.

7. Payment, Pre-Authorization, and Diagnostics

7.1 Payment Method and Authorization. By accepting a Quote, you authorize MMM, and our payment processor acting on our behalf, to: (a) place a pre-authorization hold on your Payment Method for the Quote amount; (b) capture (charge) the Quote amount upon Job completion; (c) charge your Payment Method for any additional work you subsequently approve through the Platform; (d) charge your Payment Method for confirmatory Diagnostic work permitted under Section 7.4; and (e) charge your Payment Method for any applicable taxes, fees, late charges, interest, or other amounts owed under this Agreement. You authorize the storage of your Payment Method by our payment processor for these purposes.

7.2 Pre-Authorization Hold. A pre-authorization hold is a temporary hold placed on funds in your account by your card issuer; it is not a charge. The hold is released or converted into an actual charge when the Job is completed or cancelled. Hold durations are set by the card networks and your bank and are typically up to seven (7) days. If your Payment Method is declined for pre-authorization, your Service may be delayed or not scheduled.

7.3 Capture at Completion. Upon Job completion (which generally occurs when the Technician confirms the work is complete and payment is processed through the Platform), MMM captures (charges) the authorized amount, plus any additional approved work, plus any applicable taxes and fees. The Customer will receive an electronic receipt.

7.4 Diagnostic Confirmatory Work. Diagnostic work may, by its nature, require minor confirmatory repairs (for example, replacing a small sensor or component) to verify the root cause of a problem. By approving a Diagnostic, you authorize MMM to perform and charge for such confirmatory work, up to a maximum of one hundred fifty United States dollars ($150) per Diagnostic, without separate approval. This Section 7.4 authorizes only confirmatory work necessary to complete the Diagnostic and does not authorize any other repair. Any work above the $150 cap, and any non-diagnostic repair, requires your separate approval through the Platform before it is performed.

7.5 Diagnostic and Repair Are Separate Authorizations. Approving a Diagnostic authorizes only the Diagnostic (including confirmatory work under Section 7.4). It does not authorize any other repair. If a Diagnostic identifies a repair that you would like performed, MMM will present a separate Quote for that repair, which requires its own approval before any work begins. This separation is intended to protect you from being charged for repairs you have not authorized.

7.6 Payment Disputes and Refunds. If you believe a charge is incorrect, contact MMM through the support channels described in Section 4.4 within thirty (30) days so that we may investigate and, where appropriate, issue a refund or adjustment. Initiating a chargeback or dispute with your card issuer without first contacting MMM may delay resolution and result in account deactivation if the dispute is determined to be without merit.

7.7 Card-on-File for Future Bookings. With your authorization, MMM may save your Payment Method to facilitate future bookings, subject to MMM’s payment processor’s security practices. You can manage saved Payment Methods through your account settings.

8. Non-Payment and Collection

8.1 Binding Payment Obligation. By approving a Quote, you incur a binding obligation to pay the Quote amount, plus any additional approved work, plus applicable taxes, fees, and charges, on completion of the Job. The customary expectation in our model is that payment is collected through the Platform at completion via the Payment Method authorized at booking, as described in Section 7.

8.2 Interest and Late Fees. If any amount owed to MMM is not paid when due, the unpaid balance shall accrue interest at the highest rate permitted by Texas law from the due date until paid in full. MMM may also impose a reasonable late or non-payment service fee, disclosed in the Platform, on amounts that are not paid when due.

8.3 Collection Costs and Attorneys’ Fees. If MMM is required to take steps to collect amounts owed by you, you agree to pay all reasonable costs of collection, including reasonable attorneys’ fees, court or arbitration costs, and the fees of any collection agency.

8.4 Deactivation for Non-Payment. MMM may permanently deactivate your account and refuse to provide further Services if you have an unpaid balance or have engaged in payment fraud, including initiating chargebacks that MMM determines to be without merit.

8.5 Reservation of Rights. MMM reserves all rights and remedies available to it under Texas law in connection with unpaid amounts, including any statutory lien rights that may apply. Nothing in this Agreement waives or limits any such rights.

9. Customer Responsibilities

In connection with each Service, you agree to:

(a)    Provide accurate, complete, and current information about your vehicle, the issue, and your service location, and update that information promptly if it changes;

(b)    Provide safe, lawful, and reasonable access to the vehicle and the work area, including reasonable space for the Technician to perform the work safely;

(c)     Disclose any known hazards, mechanical conditions, or modifications that may affect the safety or scope of the work;

(d)    Be present at the service location, or authorize an adult representative to be present, during the Service if requested by MMM or the Technician;

(e)    Remove valuables, personal property, child seats, animals, or other items from the vehicle and work area before the Service, as MMM is not responsible for items left in or around the vehicle (see Section 11);

(f)      Cooperate reasonably with the Technician and MMM, including responding to communications about the Job in a timely manner; and

(g)    Pay all amounts owed in accordance with this Agreement.

10. Workmanship, Parts, and Inspections

10.1 No Express Warranty; Workmanship Commitment. MMM does not guarantee outcomes and does not provide blanket warranties on vehicles, Customer-Supplied Parts (defined below), unrelated failures, pre-existing conditions, or work the Customer declined to authorize. MMM does, however, review legitimate workmanship concerns in good faith, and will work with the Customer to evaluate and address them where appropriate. To raise a workmanship concern, contact MMM through the support channels described in Section 4.4.

10.2 Parts Warranties. Parts installed during a Service may be covered by a manufacturer’s or supplier’s warranty. MMM does not itself warrant parts. If a part installed during a Service fails under its manufacturer’s or supplier’s warranty, and you wish to pursue a warranty replacement of the same part, MMM will assist you in pursuing that warranty claim to the extent the warrantor permits. Labor charges to remove and reinstall a replacement part may not be covered by the part warranty and may be your responsibility.

10.3 Inspections Are Informational. Multi-point Inspections and Pre-Purchase Inspections (PPIs) describe the condition of identified items at the time of the Inspection, based on the Technician’s visual and limited functional review. Inspections are informational only. They do not constitute a guarantee that the vehicle is free of other issues, that identified items will not fail in the future, that the vehicle is safe in all respects, or that the vehicle is a good purchase decision. Vehicles can develop new issues at any time. You should use Inspections as one input among many when making decisions about a vehicle.

10.4 Vehicles Are Complex. Vehicle repair is not always predictable. Some Services do not resolve the symptom they are intended to address, particularly when the underlying cause is different from what was initially suspected, when the vehicle has been driven hard or modified, or when interrelated systems are involved. MMM does not guarantee any specific outcome of any Service. If a Service does not resolve your concern, contact MMM and we will work in good faith to evaluate next steps.

10.5 Customer-Supplied Parts. From time to time, a Customer may request that MMM install a part the Customer has supplied rather than a part sourced by MMM (“Customer-Supplied Parts”). MMM may, in its sole discretion, decline to install any Customer-Supplied Part, including where MMM has concerns about the part’s fitment, quality, condition, authenticity, or safety. If MMM agrees to install a Customer-Supplied Part: (a) MMM makes no representation or warranty whatsoever regarding the part, including no representation as to fitment, quality, reliability, compatibility, performance, or warranty coverage; (b) MMM’s workmanship commitment under Section 10.1 applies only to the installation labor itself and does not extend to the part or to outcomes attributable to the part; (c) if the part fails, is incompatible, or is found to be defective, MMM is not responsible for the cost of obtaining a replacement, for labor to remove and reinstall a replacement, or for any consequential issues caused by the part; and (d) the Customer assumes all risk arising from the use of the Customer-Supplied Part, and the disclaimers and limitations in Section 11 apply with full force to any such issues. MMM may decline to perform additional Services on a vehicle where prior work has been compromised by Customer-Supplied Parts.

10.6 Abandoned or Inaccessible Vehicle. Because MMM’s Services are performed at the Customer’s location, the Customer is responsible for providing safe, lawful, and reasonable access to the vehicle and the work area at the scheduled time. If, upon arrival or during the Service, the Technician determines that the vehicle is inaccessible or unavailable (for example, the Customer is unreachable or fails to appear, the vehicle is blocked by another vehicle or otherwise unable to be safely worked on, access to a gated community or secured parking is not provided, a dead battery or other condition prevents the work from beginning, HOA, property management, or security restrictions prevent the Service, or other conditions arise that prevent the Technician from safely performing the Job), MMM may, in its discretion, reschedule the Service, cancel the Service and retain any Deposit in whole or in part, charge a reasonable trip or dispatch fee through the Customer’s Payment Method, or, where work has already partially commenced, charge for work performed and materials used. MMM will make reasonable efforts to contact the Customer before invoking these remedies.

10.7 Unsafe Work Environment. The Technician’s safety is paramount. The Technician may decline to begin, or may stop and leave, a Job at the Technician’s reasonable judgment if conditions at the Service location present a risk to the Technician’s safety, health, dignity, or property. Such conditions include, without limitation: aggressive, threatening, or harassing conduct by any person at the location; the presence of weapons being handled in a manner inconsistent with safe and lawful possession; unrestrained or aggressive animals; impaired persons interfering with the work; sexual or other harassment; severe or dangerous weather; unsafe terrain, slope, or surface; evidence of illegal activity at the location; and any other condition the Technician reasonably believes presents an unacceptable risk. If a Job is declined or terminated by the Technician under this Section, MMM may, in its discretion, charge a trip or dispatch fee, charge the full Quote amount, retain any Deposit, or cancel the Service, taking into account the circumstances. The Customer agrees that the disclaimers and limitations in Section 11 apply with full force to any incident arising at the Service location.

11. Disclaimers and Limitation of Liability

11.1 Services Provided “As Is.” Except as expressly stated in this Agreement and except for any warranties that cannot be lawfully disclaimed, the Platform and all Services are provided on an “as is” and “as available” basis. MMM disclaims all warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 Not Responsible for Unrelated Issues. MMM is not responsible for any vehicle condition, malfunction, or issue that is not part of the work the Customer authorized and MMM agreed to perform. Pre-existing conditions, latent defects, issues with components not serviced, and issues that arise after a Service due to factors outside the work performed are not the responsibility of MMM.

11.3 Personal Items. MMM is not responsible for any items left in or around the vehicle, including personal belongings, valuables, electronics, child seats, animals, or accessories. Please remove all items before the Service.

11.4 Limitation of Liability. To the maximum extent permitted by law: (a) MMM and its members, managers, officers, employees, and agents shall not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost income, lost data, or loss of use, arising out of or relating to this Agreement, the Platform, or any Service, even if advised of the possibility of such damages; and (b) MMM’s total aggregate liability to you for all claims arising out of or relating to this Agreement, the Platform, or any Service shall not exceed the greater of (i) the amount you paid to MMM for the Service giving rise to the claim, or (ii) five hundred United States dollars ($500).

11.5 No Limitation Where Prohibited. Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent the limitations in this Section 11 are prohibited by applicable law, they shall apply to the maximum extent permitted. Nothing in this Agreement limits liability that cannot lawfully be limited, including liability for personal injury caused by MMM’s gross negligence or willful misconduct.

11.6 Allocation of Risk. You acknowledge that the disclaimers and limitations in this Section reflect a reasonable allocation of risk between you and MMM and are a material part of the basis on which MMM is willing to provide Services at the prices charged.

12. Service Concerns and Disputes with Technicians

12.1 First, Contact MMM. If you have a concern about a Service, the Technician, or any other aspect of your experience, please contact MMM first through the support channels described in Section 4.4. We strive to resolve concerns directly with the Customer and, where appropriate, with the Technician.

12.2 Reviews. You may be invited to rate and review a Service or Technician. Reviews must be honest and based on your actual experience. MMM may remove reviews that violate this Agreement, applicable law, or our content guidelines, but is not obligated to monitor reviews.

12.3 Disputes Involving Independent Technicians. Because Technicians are independent contractors, certain disputes may involve the Technician directly. MMM will, however, remain available to assist with Service-related concerns and will act in good faith to address them through the Platform.

13. No Off-Platform Solicitation of Technicians

13.1 No Circumvention. You agree not to solicit, hire, or directly engage any Technician you were introduced to or interacted with through the Platform to perform vehicle services outside of the Platform during the time you are a Customer and for twelve (12) months after your last Service through the Platform.

13.2 Reason for This Restriction. MMM invests substantial time and resources in recruiting, vetting, training, supporting, and insuring its Technicians, and in operating the Platform that connects you with them. Soliciting Technicians off-Platform deprives MMM of the value of those investments and undermines the marketplace that benefits all Customers.

13.3 Remedy. If you violate this Section 13, MMM is entitled to recover its actual damages, equitable relief, and the costs of enforcement, including reasonable attorneys’ fees. This Section 13 does not prevent you from independently and lawfully engaging vehicle service providers you found through other means.

14. Communications, SMS, and Marketing Consent

14.1 Consent to Receive Communications. By creating an account and accepting this Agreement, you consent to receive communications from MMM and our authorized service providers by SMS or text message, email, push notification, telephone, and other electronic means, at the contact information you provide. These communications may include: (a) transactional and service messages relating to your bookings, Quotes, Job status, payment receipts, and account; and (b) where applicable, marketing messages about MMM’s services, promotions, and updates.

14.2 SMS Specifics. For SMS messages: message and data rates may apply; message frequency varies; you can opt out of marketing SMS at any time by replying STOP to a marketing message, and you can get help by replying HELP. Opting out of marketing SMS does not opt you out of transactional SMS necessary to deliver a Service you have requested. Additional SMS terms are published on our website.

14.3 Marketing Use of Vehicle Imagery. You consent to MMM’s use of photographs, video, and other imagery of your vehicle (excluding identifiable images of you or other persons without separate consent, and excluding license plate numbers and other personally identifying information) in MMM’s marketing, advertising, social media, and promotional materials. We will use commercially reasonable efforts to honor reasonable requests to remove specific vehicle imagery from active marketing materials going forward.

14.4 Opt-Out. You may opt out of marketing communications (including marketing emails and marketing SMS) at any time through the opt-out links in those communications, your account settings, or by contacting MMM. You cannot opt out of transactional communications that are necessary to provide a Service you have requested or to maintain your account.

14.5 Telephone Calls and Recordings. You consent to receive telephone calls from MMM at the numbers you provide for service, support, and (where you have not opted out) marketing purposes. Calls may be monitored or recorded for quality, training, and dispute resolution purposes consistent with applicable law.

15. Intellectual Property

15.1 MMM Ownership. MMM owns and retains all right, title, and interest in and to the Platform and all related intellectual property, including software, designs, content, processes, methodologies, inspection systems, and the names, logos, and marks “MMM,” “MMM Mobile Maintenance Mechanics,” “M M M,” “M M M Mobile Maintenance Mechanics,” and “Mobile Maintenance Mechanics” (collectively, the “Company IP”).

15.2 Limited License. MMM grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely to request and receive Services in accordance with this Agreement. This license terminates automatically when your account is terminated.

15.3 User Content. If you submit reviews, photographs, comments, or other content through the Platform (“User Content”), you grant MMM a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, display, modify (for formatting), and distribute that User Content in connection with operating, improving, and marketing the Platform and MMM’s services. You represent that you have the rights necessary to grant this license and that your User Content does not infringe the rights of any third party.

16. Privacy

MMM’s collection and use of personal information are described in our Privacy Policy, available at www.mobilemmechanics.com/privacy. The Privacy Policy is incorporated into this Agreement by reference. By accepting this Agreement, you acknowledge that you have had the opportunity to review the Privacy Policy.

17. Dispute Resolution

17.1 Informal Resolution First. Before initiating any formal proceeding, you and MMM agree to first attempt to resolve any dispute through informal good-faith communication for at least thirty (30) days after written notice of the dispute is given.

17.2 Small Claims Carve-Out. Either you or MMM may bring an individual claim in small claims court (in Texas, Justice Court, which handles civil claims up to the statutory jurisdictional limit) instead of arbitration, provided the claim qualifies for that court’s jurisdiction and is brought on an individual (non-class, non-representative) basis. This carve-out is intended to make smaller disputes inexpensive and accessible for both parties.

17.3 Binding Arbitration for Other Claims. Except for claims that qualify for and are brought in small claims court under Section 17.2, and except for claims for injunctive relief under Section 17.7, any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, or any Service shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules (including the Consumer Arbitration Rules, where applicable). The seat and location of the arbitration shall be Dallas, Texas, and the arbitration shall be conducted in English. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.

17.4 Class, Mass Tort, and Mass Arbitration Waiver. To the maximum extent permitted by law, all disputes shall be brought and resolved only on an individual basis. You and MMM each waive any right to commence, join, or participate in: (a) any class action, collective action, or representative action; (b) any consolidated or coordinated proceeding involving the claims of more than one person or entity; (c) any private attorney general action; and (d) any mass action or mass tort proceeding, including any coordinated filing or pursuit of substantially similar claims by or on behalf of multiple individuals against MMM. The arbitrator shall not have authority to consolidate the claims of more than one person, to preside over any form of class, collective, mass, or representative proceeding, or to award relief to anyone other than the individual parties to the arbitration. If a court or arbitrator determines that any portion of this waiver is unenforceable as to a particular claim, that claim, and only that claim, shall be severed and may proceed in court, while all other claims shall remain subject to arbitration on an individual basis.

17.5 Batching and Coordinated Arbitration Procedure. If twenty-five (25) or more substantially similar arbitration demands are filed against MMM by or with the coordination of the same counsel, law firm, or affiliated group of counsel within a period of ninety (90) days (collectively, “Coordinated Demands”), the parties agree that the Coordinated Demands shall be administered in coordinated batches as follows: (a) the demands shall be grouped into batches of no more than ten (10) demands each, selected to be representative of the larger group; (b) the parties shall first proceed to arbitration with an initial batch of up to ten (10) bellwether cases, and shall participate in good faith in mediation of the remaining demands following the bellwether outcomes; (c) AAA filing and administrative fees, and arbitrator fees, applicable to the Coordinated Demands shall be assessed on a batched basis rather than on a per-demand basis, with the parties bearing such fees as determined by the AAA’s applicable rules and any cost-shifting standards; (d) no further batches shall proceed to arbitration until the bellwether batch has concluded and the parties have engaged in good-faith mediation of the remaining demands; and (e) the limitations periods applicable to all Coordinated Demands shall be tolled during the pendency of this batching procedure.

17.6 Governing Law and Venue. This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. Subject to the arbitration provisions above, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas for any matter not subject to arbitration.

17.7 Injunctive Relief. Notwithstanding the foregoing, either party may seek interim or injunctive relief from a court of competent jurisdiction in connection with any actual or threatened breach of this Agreement (including breaches of Sections 13 (No Off-Platform Solicitation), 15 (Intellectual Property), and the Privacy Policy) without waiving the agreement to arbitrate.

17.8 Time Limitation. Any claim arising out of or relating to this Agreement must be brought within one (1) year after the claim arose, except as a longer period may be required by applicable law.

18. Account Termination

18.1 Termination by You. You may terminate your account at any time through your account settings or by contacting MMM. Termination does not relieve you of obligations for amounts owed or for any work in progress at the time of termination.

18.2 Termination by MMM. MMM may suspend or terminate your account, with or without notice, for any lawful reason, including non-payment, fraud, abuse of the Platform or Technicians, threats, harassment, repeated cancellations, providing materially false information, or other conduct that MMM determines, in its reasonable discretion, is inconsistent with the safe and orderly operation of the Platform. For the avoidance of doubt, nothing in this Agreement authorizes suspension or termination for any reason prohibited by law, and any such reason is expressly disclaimed.

18.3 Effect of Termination. On termination, your right to access the Platform ends, but obligations that by their nature should survive (including payment obligations, dispute resolution, the non-solicitation in Section 13, intellectual property, and limitation of liability) survive.

19. General Provisions

19.1 Entire Agreement. This Agreement, together with the Privacy Policy and any additional terms incorporated by reference (including any SMS terms and policies linked from the Platform), is the entire agreement between you and MMM regarding its subject matter and supersedes all prior discussions and understandings.

19.2 Amendments. MMM may update this Agreement from time to time. Material changes will be communicated through the Platform, by email, or by other reasonable means, and where appropriate you will be prompted to review and accept the updated Agreement. Your continued use of the Platform after the effective date of an update constitutes acceptance of the updated Agreement. If you do not agree to an update, your sole remedy is to stop using the Platform and, if desired, terminate your account.

19.3 Assignment. You may not assign or transfer this Agreement or any rights or obligations under it without MMM’s prior written consent. MMM may assign this Agreement, including in connection with a merger, reorganization, sale of assets, or change in entity form. This Agreement binds and benefits the parties and their permitted successors and assigns.

19.4 Notices to MMM. Notices to MMM shall be given in writing to RADIAMOND LLC, 350 N Saint Paul Street, Suite 2905, Dallas, Texas 75201, or by email to radiamondllc@outlook.com.

19.5 Notices to You. Notices to you may be given through the Platform, by email to the address associated with your account, by SMS, by push notification, or by mail to the address on file with your account.

19.6 No Waiver. No failure or delay by either party in exercising any right under this Agreement operates as a waiver of that right. Any waiver must be in writing to be effective.

19.7 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.

19.8 Relationship of the Parties. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between you and MMM, or between you and any Technician.

19.9 Headings and Construction. Headings are for convenience only. “Including” means “including without limitation.” This Agreement shall not be construed against either party as drafter.

19.10 Force Majeure. Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, severe weather, network or utility failures, governmental action, or other events of force majeure.

19.11 Electronic Signatures. You may accept this Agreement electronically. The parties agree that electronic acceptance and electronic signatures are valid, enforceable, and have the same legal effect as handwritten signatures, and that this Agreement may be executed in counterparts.

20. Acknowledgment and Acceptance

By accepting this Agreement, you acknowledge and agree that:

(a)    you have read and understand this Agreement and have had the opportunity to ask questions and seek independent legal advice;

(b)    Services are performed by independent contractor Technicians, not by MMM employees;

(c)     by approving a Quote, you authorize MMM and its payment processor to place a pre-authorization hold on your Payment Method and to charge that Payment Method as described in Section 7;

(d)    Diagnostic services may include confirmatory work up to the cap described in Section 7.4, and Diagnostic authorization does not authorize repairs;

(e)    you understand the disclaimers and limitations of liability in Section 11 and the dispute resolution provisions in Section 17, including the waiver of class, mass tort, and mass arbitration proceedings; and

(f)      you agree to be legally bound by this Agreement.

21. Electronic Acceptance

21.1 How You Accept. This Agreement is presented to you within the MMM application and on our website. By tapping, clicking, or otherwise selecting the “I Agree,” “Accept,” or similarly labeled button presented with this Agreement during account creation, at booking, or in connection with an updated version, you agree to be legally bound by this Agreement in its entirety.

21.2 Electronic Signature. Your act of accepting this Agreement electronically constitutes your electronic signature and has the same legal force and effect as a handwritten signature. You agree that this Agreement is enforceable under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Texas Uniform Electronic Transactions Act, and you consent to transacting electronically.

21.3 Record of Acceptance. At the time of acceptance, MMM’s systems record information evidencing your acceptance, which may include your name, account identifier, email, the date and time of acceptance, the version of the Agreement accepted, and related technical information. You agree that this electronic record is valid evidence of your acceptance of, and agreement to, this Agreement, and may be relied upon in any proceeding to the same extent as a signed paper original.

 

RECORD OF CUSTOMER ACCEPTANCE

The following information is captured electronically by the MMM application at the time you accept this Agreement. No handwritten signature is required.

EXECUTED BY THE COMPANY

This Agreement is adopted and made available to customers by the Company as of the version date stated on the cover page.

RADIAMOND LLC

a Texas limited liability company, d/b/a MMM Mobile Maintenance Mechanics

By: Ricardo Velazquez

Title: Owner

Date