Terms of Service

Last Updated: November 15, 2025

These Terms of Service ("Terms") govern your access to and use of the website bjsdsolutions.com and all applications, services, and products provided by BJSD Solutions, LLC ("we," "our," or "us"), including but not limited to TextSwapper, BJSD Hub, RaceRuler, and any other applications we may offer (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Eligibility

You must be at least 13 years of age to use our Services. If you are under 18, you represent that you have your parent's or guardian's permission to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements. If you are a parent or guardian and believe your child under 13 has provided us with personal information, please contact us immediately at terms@bjsdsolutions.com so we can delete such information.

3. Account Registration and Security

To access certain features of our Services, you may be required to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information

• Maintain and promptly update your account information

• Maintain the security of your password and account

• Accept responsibility for all activities that occur under your account

• Notify us immediately of any unauthorized use of your account

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

4. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable federal, state, local, or international law or regulation

• Transmit any material that is abusive, harassing, defamatory, obscene, or otherwise objectionable

• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks

• Use any robot, spider, or other automatic device to access the Services

• Interfere with or disrupt the Services or servers or networks connected to the Services

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission

• Use the Services in any way that violates export control laws or regulations

• Collect or harvest any information or data from the Services or attempt to decipher any transmissions to or from the servers running the Services

5. Intellectual Property Rights

The Services and their original content, features, and functionality are owned by BJSD Solutions, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.

You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content for the purpose of operating and providing the Services.

You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant the license set forth above for any User Content you submit. You agree that you will not submit User Content that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to submit the material.

DMCA Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to notices of alleged copyright infringement that comply with the DMCA. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner

• Identification of the copyrighted work claimed to have been infringed

• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material

• Your contact information, including address, telephone number, and email address

• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner

• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Send DMCA notices to our Copyright Agent at terms@bjsdsolutions.com with "DMCA Notice" in the subject line.

6. Payment Terms

Some of our Services may require payment. If you purchase a subscription or make a payment:

• You agree to provide current, complete, and accurate purchase and account information

• You agree to promptly update your account and payment information, including email address and payment method, so we can complete your transactions

• All fees are in U.S. dollars and are non-refundable unless otherwise stated or required by law

• We reserve the right to change our pricing at any time, but we will notify you in advance of any price changes. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect

• Subscriptions automatically renew unless cancelled. You may cancel your subscription at any time through your account settings or by contacting us at terms@bjsdsolutions.com. Cancellation will take effect at the end of the current billing period

• If you are a Pennsylvania consumer, you may have a right to cancel certain contracts within three (3) days of entering into them, as provided by Pennsylvania law. If you believe you are entitled to such a right of rescission, please contact us within three (3) days of your purchase

7. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us at terms@bjsdsolutions.com to request account deletion. Upon termination, we may delete your account and data, subject to our Privacy Policy and applicable law. You may request a copy of your data before account deletion.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BJSD SOLUTIONS, LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless BJSD Solutions, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

11. Binding Arbitration

IMPORTANT: THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

YOU AND BJSD SOLUTIONS, LLC AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.

The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or as otherwise mutually agreed by the parties. The arbitration will be conducted in Pennsylvania, United States, unless you and we agree otherwise. The arbitrator's decision will be final and binding, and judgment on the arbitral award may be entered in any court having jurisdiction thereof.

You have the right to opt-out of this arbitration agreement. To opt-out, you must send us written notice within thirty (30) days of first accepting these Terms. Your opt-out notice must be sent to terms@bjsdsolutions.com with the subject line "Arbitration Opt-Out" and include your name, email address, and a clear statement that you wish to opt-out of the arbitration provision. If you opt-out, disputes will be resolved in the state and federal courts located in Pennsylvania.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT (UNLESS YOU OPT-OUT AS PROVIDED ABOVE), YOU AND BJSD SOLUTIONS, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

If any part of this arbitration provision is found to be invalid or unenforceable, the remainder of this arbitration provision shall remain in full force and effect. If a court or arbitrator determines that the class action waiver set forth in this section is unenforceable, then the entire arbitration provision shall be null and void, and disputes shall be resolved in the state and federal courts located in Pennsylvania.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law provisions. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of the arbitration provision in Section 11. Any disputes not subject to arbitration shall be resolved exclusively in the state and federal courts located in Pennsylvania, and you consent to the personal jurisdiction of such courts.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' written notice (via email to the address associated with your account or by posting a notice on our website) prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. If you do not agree to the revised terms, you may terminate your account and discontinue use of the Services before the changes take effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BJSD Solutions, LLC.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BJSD Solutions, LLC regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral, relating to the Services. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.

Third-Party Services

Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by BJSD Solutions, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. You acknowledge and agree that BJSD Solutions, LLC shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party services.

Export Control

You agree to comply with all applicable export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: terms@bjsdsolutions.com

BJSD Solutions, LLC

Pennsylvania, United States