Terms of Service

1. Acceptance of Terms

By accessing or using the Gemini Auto Body & Paint website (gemini-auto-body.com), submitting an online estimate request, or engaging our repair services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

These terms constitute a binding legal agreement between you (“User,” “you,” or “your”) and Gemini Auto Body & Paint (“Gemini,” “we,” “us,” or “our”), a collision repair business operating in San Jose, California.

This website, including its online estimate system, design, and underlying technology platform, is developed and operated by WelcomeIn on behalf of Gemini Auto Body & Paint. References to the “website” or “platform” in these terms include the technology and services provided by WelcomeIn as Gemini's platform provider.

2. Services Description

Gemini Auto Body & Paint provides collision repair, auto body repair, paint matching and refinishing, insurance claim assistance, and related automotive services. Our website offers an online estimate request system that allows you to submit vehicle and damage information for a preliminary repair estimate.

All services are subject to availability. We reserve the right to refuse service to anyone for any lawful reason.

3. Online Estimate Requests

Our online estimate system allows you to submit vehicle details, damage descriptions, and photos to receive a preliminary repair estimate. By submitting an estimate request, you acknowledge and agree that:

• Estimates Are Preliminary — Online estimates are informational only and based on the information and photos you provide. A final, binding estimate requires an in-person vehicle inspection at our San Jose facility.
• No Obligation — Submitting an online estimate does not create a contractual obligation for you to use our services, nor does it obligate us to perform repairs until a final estimate is agreed upon in writing.
• VIN Accuracy — You are responsible for providing an accurate Vehicle Identification Number (VIN). An incorrect VIN may result in inaccurate parts matching and pricing.
• Photo Accuracy— You represent that all photos you upload are genuine images of your vehicle's damage, taken by you or with your authorization.

4. User Responsibilities

When using our website and services, you agree to:

• Provide accurate, current, and complete information when submitting estimate requests or contacting us.
• Upload only photos of your own vehicle damage. You must not upload photos of other vehicles, copyrighted images, or objectionable content.
• Not use our website for any unlawful purpose or in violation of any applicable laws or regulations.
• Not attempt to interfere with the proper functioning of our website, including through automated means, bots, scripts, or denial-of-service attacks.
• Not submit false, fraudulent, or misleading information.

5. Intellectual Property

Website Platform.The website platform, including its source code, design system, user interface, online estimate system, and underlying technology (collectively, the “Platform”), is the intellectual property of WelcomeIn and is protected by United States and international copyright, trademark, and intellectual property laws.

Business Content.All business-related content on this website — including service descriptions, business information, photographs of completed work, and the Gemini Auto Body & Paint name and logo — is the property of Gemini Auto Body & Paint or its content suppliers and is protected by United States and international copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from this website without prior written consent from the respective owner. The Gemini Auto Body & Paint name, logo, and related marks are trademarks and may not be used without permission.

6. Limitation of Liability

To the fullest extent permitted by applicable law, Gemini Auto Body & Paint, its owners, employees, contractors, and affiliates, as well as WelcomeIn (as the platform provider and operator of this website), shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to:

• Your use of, or inability to use, our website or online estimate system.
• Errors or inaccuracies in online estimates provided through the website.
• Any unauthorized access to or use of our servers or your personal information, except as required by law.
• Any interruption or cessation of transmission to or from our website.

Our total liability for any claim arising from these terms or your use of our services shall not exceed the amount you paid us for the specific repair service giving rise to the claim.

7. Indemnification

You agree to indemnify, defend, and hold harmless Gemini Auto Body & Paint, WelcomeIn (as platform provider), and their respective owners, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses — including reasonable attorney's fees — arising from your use of our website, your violation of these terms, or your submission of inaccurate, fraudulent, or unauthorized information.

8. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Gemini Auto Body & Paint. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that Gemini Auto Body & Paint shall not be responsible for any damage or loss caused by your use of any third-party content or website.

9. Governing Law & Dispute Resolution

These terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from these terms or your use of our services shall be resolved exclusively in the state or federal courts located in Santa Clara County, California.

Before filing any formal legal action, you agree to contact us directly to attempt to resolve the dispute informally. We will make reasonable efforts to resolve any concerns promptly and fairly.

10. Changes to Terms

We reserve the right to modify or replace these terms at any time. When we make material changes, we will update the effective date at the top of this page and make reasonable efforts to notify registered users. Your continued use of our website or services after any changes constitutes acceptance of the updated terms.

11. Accessibility

We are committed to making our website accessible to all users, including those with disabilities. We strive to follow the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you encounter any accessibility barriers on our website, please contact us using the information in Section 12 so we can address the issue. We welcome feedback on how we can improve the accessibility of our website.

12. Contact Information

If you have questions about these Terms of Service, please contact us:

Gemini Auto Body & Paint
Email: [email protected]
Phone: (408) 216-0548

You can also review our Privacy Policy to understand how we handle your personal information.