Terms of Service

This agreement is between Mandil Media Group LLC, doing business as Otto ("Otto", "we") and the body shop that signs up for an Otto Featured Shop subscription ("the Shop", "you").

An Otto Featured Shop subscription pays for a featured card for the Shop on ottofixit.com, shown to drivers in the Shop's area. This agreement sets out what Otto provides, what the Shop agrees to, how billing and cancellation work, and who is responsible if something goes wrong.

You accept the agreement by ticking the box agreeing to it at checkout. It starts on the day you sign up.

1. What Otto provides

1. Featured card. While your subscription is active, Otto shows a card for the Shop on ottofixit.com to drivers in the Shop's area, generally after they get a repair estimate. The card may include your name, logo, general location, distance from the driver, the services you confirm to us, a button to call you and a button to ask you to get in touch.
2. Customer requests. When a driver asks to be contacted through your card, Otto sends you that driver's request by email.
3. Call tracking. Otto may show a tracking phone number on your card that rings through to your main line. We log the caller's number and the time and length of the call, and may tell you when a call came through Otto. We do not record the calls. If that ever changes, we will tell you first and follow the call-recording laws that apply.
4. How the card appears. Subject to section 2, Otto decides the card's design and wording, where and how often it appears, and which ZIP codes and drivers see it. We may change any of these, and may test different versions. We may label the card as featured, sponsored or paid.
5. No commission. While your subscription is active, Otto charges no commission on jobs that come from your card.

2. Initial exclusivity in your area

1. Initial exclusivity. When your subscription starts, you are the only body shop located within 15 miles of your shop (measured in a straight line between the two shops' addresses) that Otto features through this program, apart from any shop already in Otto's network on your signup date. This exclusivity lasts until it ends under this section or your subscription ends.
2. Otto can add shops. Otto may add other shops to this program at any time, in any location and on any terms. If a new shop is more than 15 miles from your shop, Otto owes you no notice, even if that shop serves some of the same drivers.
3. Notice for a shop within 15 miles. Before featuring a new shop located within 15 miles of your shop, Otto will give you at least 30 days' written notice (email counts). The notice will state the higher monthly fee, set by Otto, for keeping your exclusivity.
4. Your option to keep exclusivity. If you agree in writing to the higher fee before the notice period ends, your exclusivity continues at that fee and Otto will not add that shop. If you don't, your exclusivity ends when the notice period ends, Otto may add that shop and any others, and your subscription continues at your current fee unless you cancel.
5. What exclusivity does not cover. Exclusivity applies only to shops featured through this program. It does not give you rights to any customer or lead, and it does not cover offers from other kinds of partners, such as insurance, financing, attorneys or companies that buy damaged cars, or search results, maps and listings from third parties.
6. Nothing beyond this section. Nothing said in a sales conversation, call, email or text expands the exclusivity in this section.

3. Separate from Otto Shop Growth

Otto Featured Shop and Otto Shop Growth are separate products. The fee under this agreement pays only for what is described in section 1. It does not pay for, include or discount any Otto Shop Growth service, such as a website, Google Business Profile management, text replies to missed calls or review requests. Otto Shop Growth requires its own sign-up, its own agreement and its own fee. Likewise, an Otto Shop Growth subscription does not include a featured card. Canceling one does not cancel the other.

4. Fee and billing

• The monthly fee is the amount shown on your checkout page. It is charged to the card on file on the signup date, or when any free trial ends, and then monthly on the same day.
• Free trial (when offered). If your checkout includes a free trial, you aren't charged until it ends, and you can cancel before then at no cost. The rest of this agreement, including section 2, applies during the trial.
• The fee can change. Otto may change the fee, including raising it, with at least 30 days' written notice (email counts). The new fee applies from your first billing date after the notice period ends. You can cancel before the change takes effect. If you don't cancel, the new fee applies.
• Fees can differ between shops and areas, and over time. Another shop paying a different amount does not change your fee.

5. Term and cancellation

• Month to month. Cancel any time by email to ilan@ottofixit.com. Cancellation takes effect at the end of the current paid month, and there are no partial-month refunds.
• Otto may suspend or end the subscription with written notice if a payment fails and isn't fixed within 10 days, if the Shop breaks section 6, or if Otto receives repeated or serious customer complaints about the Shop. If Otto ends the subscription for any other reason, we refund the current month's fee.
• When the subscription ends, we remove your card and may stop any tracking number from ringing through to you. You can still finish serving drivers who already reached you.

6. What the Shop agrees to

1. Accurate information. What you tell us about your business is true, including the services you confirm for your card. You'll tell us when it changes.
2. Name and logo. You give Otto permission to display your name, logo and business details on ottofixit.com and in Otto's emails to drivers while your subscription is active, and you confirm you have the right to give that permission.
3. Licensed and insured. You hold the licenses and insurance your work requires.
4. Responding to drivers. You'll respond promptly to drivers who call or ask to be contacted.
5. Using driver information. You will use a driver's information only to respond about that driver's repair. You won't sell it or give it to anyone else, you won't add the driver to marketing without the driver's consent, and you'll stop contacting anyone who asks you to.
6. Your work and your offers. You are solely responsible for your estimates, prices, repairs and warranties, and for following the law, including any rules on insurance claims and deductibles. Otto doesn't perform repairs or guarantee your work.
7. Updates. If we ask, you'll tell us what happened with a driver Otto sent you.

7. Driver information

• A driver who uses ottofixit.com is also Otto's user. Otto keeps its own records of those drivers and handles them under its privacy policy. That can include contacting them and connecting them with other partners, where they've agreed to it.
• Customers who come to you independently of Otto are yours. Otto gets no rights to your own customer list under this agreement.
• We may use anonymized, combined numbers to improve Otto. Those numbers never identify you or a driver.

8. No guarantee of results

You are paying for the featured card, not for a number of leads. We can't promise any number of views, calls, requests or jobs, or any particular position on the page, because those depend on search traffic, your market, what drivers choose and how your team follows up. Any figures we shared before you signed up were estimates. A slow month is not a reason for a refund. The service also relies on third-party providers, such as hosting and phone carriers. An outage or policy change on their side isn't a breach of this agreement, and we'll work to restore the service promptly.

9. Indemnification (claims brought by someone else)

The Shop covers Otto against any claim, demand or lawsuit brought by someone else (for example, a customer or a government agency) to the extent it arises from:

• the Shop's repair work, estimates, prices, warranties or customer service;
• information or material the Shop gave Otto, including the Shop's name and logo;
• how the Shop contacted or used information about a driver, including any claim under texting or calling laws (such as the Telephone Consumer Protection Act);
• the Shop breaking section 6 or the law.

Otto covers the Shop against any claim, demand or lawsuit brought by someone else to the extent it arises from:

• content Otto created for the card (not material the Shop supplied) infringing someone's copyright, trademark or other rights;
• Otto publishing something on the Shop's card that the Shop didn't provide or approve.

What "covers" means. The covering party pays for the defense, including reasonable attorneys' fees, and pays any settlement or judgment. The other party tells it about the claim promptly in writing, lets it control the defense, and cooperates at the covering party's expense. Neither party settles a claim in a way that admits fault for the other party or puts an obligation on it without that party's written consent.

Shared fault. When a claim has more than one cause, each party covers the part that arises from its own responsibilities in this section.

10. Limits of liability (claims between Otto and the Shop)

1. Cap. Except as listed in 10.3, each party's total liability to the other under this agreement, for all claims of any kind, is limited to the fees the Shop paid Otto under this agreement in the 12 months before the event that caused the claim.
2. No indirect losses. Except as listed in 10.3, neither party is liable to the other for lost profits, lost business, or indirect, incidental, special or consequential damages, even if it was told they were possible.
3. Exceptions. The cap and the exclusion in 10.1 and 10.2 don't apply to the indemnities in section 9, to either party's fraud, gross negligence or willful misconduct, or to the Shop's obligation to pay the fee.
4. Attorneys' fees. In a dispute between Otto and the Shop, each party pays its own attorneys' fees. Section 9 is the exception: there, the covering party pays the defense, including attorneys' fees.

11. General

• California law applies, and any dispute is heard in Los Angeles County.
• This agreement and your checkout page are the entire agreement between us about the featured card. They replace anything said or sent earlier about it, including any earlier trial, pricing or statement about exclusivity.
• Otto may update this agreement with at least 30 days' written notice (email counts), and you can cancel before the update takes effect. Any other change has to be in writing (email counts).

Acceptance. You accept this agreement by ticking the box agreeing to it at checkout. Our payment processor, Stripe, records the date and time you did.