Agreement and Commercial Use
These Terms & Conditions ("Terms") are an agreement between Kira & Company ("FastLane Ops," "we," "us," or "our") and the business or other legal entity identified during registration or in an Order ("Customer," "you," or "your"). The Service is offered solely for business and commercial purposes and is not intended for personal, family, or household use. An individual accepting these Terms on behalf of Customer represents and warrants that they have authority to bind Customer. By checking the acceptance box, clicking to accept, or otherwise completing registration or purchase, Customer agrees to these Terms.
1. Acceptance of Terms; Electronic Signature
Affirmatively accepting these Terms during signup or purchase — by checking a box, clicking to accept, or a similar action — is a legal signature and creates a binding contract to the same extent as a signature on paper, consistent with the Alabama Uniform Electronic Transactions Act (Code of Ala. §8-1A-1 et seq.) and the federal E-SIGN Act. We retain records reasonably evidencing acceptance, including the version of these Terms accepted and the date, time, and IP address of acceptance.
2. Eligibility & Commercial Use Only
FastLane Ops is offered solely for business and commercial use by repair shops and similar service operations, and is not directed at or intended for personal, family, or household use. The individual completing registration must be at least 18 and authorized to bind Customer. Customer is responsible for ensuring its authorized users are appropriately authorized to act on its behalf.
3. What FastLane Ops Is
FastLane Ops is a cloud-based (SaaS) service operations platform that helps shops schedule appointments, track jobs and repair orders, manage customer and unit records, and monitor day-to-day shop activity (the "Service"). Customer accesses the Service through account credentials issued to its authorized users.
4. Your Account & Authorized Users
Provide accurate registration information and keep login credentials secure.
Customer is responsible for all activity under its account, including by employees and other authorized users.
Customer must promptly remove access for users who should no longer have it (e.g., departed employees).
Notify us right away if you suspect unauthorized access to your account.
5. Subscription Plans, Billing & Auto-Renewal
FastLane Ops is offered on a subscription basis with two billing options:
Monthly Plan — billed every month on your subscription date.
Annual Plan — billed once per year, at a discounted rate compared to paying monthly.
Current pricing is disclosed clearly before Customer submits payment information, and is set out in the order form, invoice, or pricing page. By subscribing, Customer authorizes us to charge the payment method on file for the selected plan, on a recurring basis, until cancelled under Section 8. Subscriptions automatically renew at the then-current price for the plan unless cancelled beforehand; we'll provide reasonable advance notice before a price change takes effect on a renewal.
Our Right to Decline Renewal
In addition to our termination rights in Section 10, FastLane Ops may decide not to renew a Monthly or Annual Plan at the end of its then-current billing period, for any reason or no reason, by giving Customer written notice at least thirty (30) days before the renewal date for a Monthly Plan, or at least sixty (60) days before the renewal date for an Annual Plan. Notice will be sent to the billing or account contact on file and may be provided by email. If we decline to renew, Customer's access continues through the end of the period already paid for, no further charges will be made for the declined term, and the post-termination export access described in Section 11 will apply. This right lets us wind down a plan or, if ever necessary, the Service itself in an orderly, predictable way, rather than being contractually bound to support an account indefinitely; it doesn't limit our ability to terminate earlier for breach under Section 10.
6. Storage & Overages
Each subscription includes 25 GB of data storage per month as part of the base plan price. Storage usage above 25 GB is billed at $0.99 per GB, per month, prorated and added to the next invoice. Customers can review storage usage in the account dashboard and delete or archive records to manage usage.
7. Payment; Taxes; Suspension for Nonpayment
Fees are billed according to Customer's selected plan and current pricing, plus any applicable storage overages. Fees are exclusive of applicable taxes, which Customer is responsible for unless we're required by law to collect them. If a payment fails or is overdue, we may suspend access until the balance is resolved, following reasonable notice where practicable. Except as required by law or as the parties agree in writing, fees already paid are non-refundable.
8. Cancellation
Monthly Plan customers may cancel at any time, effective at the end of the current monthly billing period. There's no long-term commitment.
Annual Plan customers may cancel at any time, effective at the end of the current annual billing period. We don't provide partial-year refunds for early cancellation.
Customer can cancel directly from account settings, or by contacting us at support@fastlaneops.com, at any time before the next renewal date. Access continues through the end of the paid period.
9. Suspension
In addition to suspension for nonpayment, we may temporarily suspend access to the Service, or a portion of it, to the extent reasonably necessary to address a security threat, unlawful use, a material violation of the Acceptable Use requirements in Section 17, or a material risk to the Service or other customers. Where practicable, we'll provide advance notice and limit suspension to the affected users or functionality.
10. Termination; Effect of Termination
Either party may terminate this Agreement if the other materially breaches it and fails to cure within thirty (30) days after written notice, except that we may terminate or suspend immediately where a breach can't reasonably be cured, or continued access would pose a legal or security risk. If we permanently discontinue the Service and terminate a prepaid subscription for reasons other than Customer's breach, we'll refund the unused, prepaid portion of fees for the terminated period.
11. Data Export & Deletion After Cancellation or Termination
Following expiration or termination, Customer may access the Service on a locked, read-only basis solely to export Customer Data for twelve (12) months, or such other period required by applicable law, whichever is longer. During this period Customer may not create, edit, schedule, or otherwise actively operate in the Service. After that period ends, we may delete Customer Data from active production systems in accordance with our standard retention procedures, except where a longer period is legally required. Residual copies in routine backups may persist until overwritten or deleted in the ordinary course, remaining protected under these Terms and not restored except for legitimate disaster-recovery, security, or legal purposes. It's Customer's responsibility to export anything it wants to keep before access ends.
12. Customer Data Ownership & License
As between the parties, Customer retains all right, title, and interest in the data it inputs into the Service — customer and unit records, repair orders, notes, and related business information ("Customer Data"). We don't claim ownership of Customer Data and don't sell it. Customer grants us a nonexclusive, worldwide license, for the subscription term and any permitted post-termination access period, to host, copy, transmit, display, and otherwise process Customer Data solely to provide, secure, maintain, support, and improve the Service. Customer represents that it has all rights, permissions, and lawful authority necessary for us to process Customer Data as described here and, where applicable, in the Data Processing Addendum referenced in Section 13.
13. Data Protection; CCPA, GDPR & Other Privacy Laws
To the extent we process personal information on Customer's behalf in providing the Service, our Data Processing Addendum ("DPA"), available at https://www.fastlaneops.com/legal/, is incorporated into this Agreement and governs that processing. Where applicable, the DPA is intended to support Customer's obligations as a “business” under the California Consumer Privacy Act, as amended (“CCPA”), our role as “service provider” or “contractor” under the CCPA, and, if Customer or its end customers are located in the European Economic Area or United Kingdom, the parties' obligations under the General Data Protection Regulation (“GDPR”) to the extent it applies. If the DPA conflicts with these Terms regarding personal information, the DPA controls. We maintain a separate Privacy Policy, available at https://www.fastlaneops.com/privacy/, describing our own collection and use of information through our website and account registration.
14. Security Incidents & Notification
We maintain reasonable administrative, technical, and physical safeguards appropriate to the nature of Customer Data and the risks of its processing. Upon becoming aware of a security incident affecting Customer Data, we will notify Customer without undue delay, and in any event within the time required by applicable law or the DPA — including, where the Alabama Data Breach Notification Act of 2018 applies to us as a third-party agent, no later than ten (10) days after determining a breach occurred — and will share information reasonably available to us about the incident's nature and scope. Except where we're independently required by law to notify affected individuals, responsibility for notifying affected individuals, regulators, or consumer reporting agencies rests with Customer as the party with the direct relationship to its own customers, and we'll reasonably cooperate with that process.
15. Confidentiality
“Confidential Information” means nonpublic information disclosed by either party that is designated confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure, including Customer Data and our non-public business and technical information. It doesn't include information the receiving party can show was already known to it without restriction, becomes public through no fault of the receiving party, is independently developed without using the disclosing party's Confidential Information, or is lawfully received from a third party without a confidentiality obligation. Each party will use the other's Confidential Information only to exercise its rights and perform its obligations under these Terms, protect it with reasonable care, and disclose it only to personnel and service providers who need to know it and are bound by confidentiality obligations at least as protective as these. A party may disclose Confidential Information if legally compelled, provided it gives the other party advance notice where legally permitted. This Section survives termination.
16. Third-Party Services & Integrations
The Service may let Customer connect to products or services provided by third parties, such as payment processors, messaging providers, or accounting tools ("Third-Party Services"). Customer's use of a Third-Party Service is governed by Customer's agreement with that provider. By enabling an integration, Customer authorizes us to exchange Customer Data with the applicable Third-Party Service as necessary to provide the integration. We don't control, and aren't responsible for, Third-Party Services, and changes to a third party's platform or API may affect integration availability. This Section doesn't limit our own obligations regarding subprocessors we use to provide the Service, which are addressed in the DPA referenced in Section 13.
17. Acceptable Use
Customer will not, and will not permit any authorized user to: (a) violate any applicable law; (b) upload malicious code or attempt to breach or test the Service's security without authorization; (c) resell, sublicense, or provide access to the Service to any unauthorized third party; (d) reverse-engineer, decompile, or attempt to extract the Service's source code, except to the extent applicable law prohibits this restriction; (e) scrape or use automated means to access the Service outside provided interfaces, or interfere with its normal operation; or (f) use the Service to store or transmit data it doesn't have the lawful right to use. We may suspend or terminate access for violations of this Section as described in Sections 9 and 10.
18. Our Intellectual Property; Feedback
We retain all right, title, and interest in the Service, including its software, design, features, and documentation, along with any improvements or derivative works. These Terms grant Customer a limited, nonexclusive, non-transferable right to use the Service during the subscription term for its internal business purposes, and don't transfer ownership of any part of the Service. If Customer provides suggestions or feedback, we may use it without restriction or obligation, and without disclosing Customer's confidential information.
19. Service Availability & Support
We work to keep FastLane Ops available and reliable, but we don't guarantee the Service will be uninterrupted or error-free. Scheduled maintenance and unplanned downtime may occur. Support is available through the channels listed on our website.
20. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
21. Limitation of Liability
EXCLUDED DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL CAP: EXCEPT FOR THE EXCLUDED CLAIMS BELOW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES CUSTOMER PAID FOR THE AFFECTED SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Excluded Claims: The limitations above don't apply to: (a) Customer's payment obligations; (b) either party's indemnification obligations under Sections 22–23; (c) a party's breach of Section 15 (Confidentiality); or (d) liability that applicable law doesn't permit to be limited or excluded, including for fraud or willful misconduct.
22. Indemnification by Customer
Customer will indemnify, defend, and hold us harmless from third-party claims, damages, and reasonable expenses (including attorneys' fees) arising from: (a) Customer's violation of these Terms; (b) Customer's or an authorized user's misuse of the Service; or (c) Customer Data, including any claim that it violates a law or a third party's rights.
23. Indemnification by FastLane Ops
We will defend Customer against a third-party claim alleging that Customer's authorized use of the unmodified Service infringes a valid U.S. patent, copyright, or trademark, and will pay damages finally awarded or settlement amounts we approve, provided Customer promptly notifies us, gives us control of the defense and settlement, and reasonably cooperates. This doesn't apply to claims arising from Customer Data, modifications not made by us, combination of the Service with items we didn't supply, or continued use after we've provided a non-infringing replacement Customer failed to implement. If such a claim arises, we may, at our option: obtain the right for Customer to keep using the Service; modify or replace the affected functionality with materially equivalent, non-infringing functionality; or terminate the affected Service and refund any unused, prepaid fees for it.
24. Indemnification Procedure
The indemnified party will give prompt written notice of a claim, reasonable cooperation at the indemnifying party's expense, and control of the defense and settlement to the indemnifying party. Late notice relieves the indemnifying party only to the extent it was materially prejudiced. The indemnifying party may not settle a claim in a way that admits wrongdoing by, imposes non-monetary obligations on, or fails to fully release the indemnified party, without that party's prior written consent, not to be unreasonably withheld.
25. Dispute Resolution — Arbitration & Class Action Waiver
Please read this section carefully. It affects your legal rights.
Before starting an arbitration or a covered court action, a party must send written notice describing the dispute and relief sought to: legal@fastlaneops.com for FastLane Ops, or to Customer's account email. The parties will attempt in good faith to resolve the dispute informally for thirty (30) days after that notice.
If not resolved informally, the dispute will be decided by binding, individual arbitration administered by the American Arbitration Association (AAA) under its then-current Commercial Arbitration Rules, except that either party may bring an individual claim in small claims court, or seek temporary or preliminary injunctive relief in court to protect intellectual property, Confidential Information, or system security. The Federal Arbitration Act (9 U.S.C. §2) governs the interpretation and enforcement of this provision. Arbitration may be conducted by phone, video, or written submissions where practicable, and will take place in Mobile, Alabama, or another mutually agreed location.
Class Action Waiver: To the fullest extent permitted by law, disputes must be brought only in the parties' individual capacities, not as part of a class, collective, consolidated, or representative action.
26. Governing Law & Venue
These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law principles, except that mandatory consumer-protection, privacy, or other statutory rights that can't lawfully be limited by contract remain available where applicable law requires. Subject to Section 25, any dispute not resolved through arbitration will be brought exclusively in the state or federal courts located in Mobile, Alabama, and the parties consent to personal jurisdiction there.
27. Changes to These Terms or Pricing
We may update these Terms or our pricing from time to time, posting the update and revising the “Last Updated” date. If a change materially and adversely affects Customer's rights or obligations, we'll give reasonable advance notice by email or in-product notice, and the change will take effect no earlier than Customer's next renewal — unless earlier effectiveness is reasonably required by law, security, or a third-party requirement affecting the Service. Changes won't retroactively alter the rules governing a dispute for which a party gave written notice before the change took effect.
28. General Provisions
Force Majeure — Neither party is liable for delays or failures caused by events beyond its reasonable control (natural disasters, internet or infrastructure outages, etc.).
Assignment — Customer may not assign this Agreement without our consent; we may assign it in connection with a merger, acquisition, or sale of assets.
Severability — If any part of these Terms is found unenforceable, the rest remains in full effect.
Entire Agreement; Order of Precedence — These Terms, together with Customer's Order, our pricing page, and the DPA (as applicable), are the entire agreement between the parties regarding the Service. If documents conflict, the following order controls unless an Order expressly states otherwise: (1) the DPA, solely as to processing of personal information; (2) the applicable Order; (3) these Terms; and (4) any other incorporated policy.
No Waiver — Our failure to enforce any part of these Terms isn't a waiver of our right to do so later.
Notices — Notices to FastLane Ops about termination, indemnification, arbitration, or other legal matters must be sent to FastLane Ops. We may send legal notices to the email address on Customer's account; Customer is responsible for keeping it current. Routine operational notices may be provided within the Service.
Independent Contractors — The parties are independent contractors. Nothing here creates a partnership, joint venture, or employment relationship.
No Third-Party Beneficiaries — These Terms don't create rights for anyone other than the parties, except as expressly stated.
Survival — Sections on data export and deletion, data ownership, confidentiality, intellectual property, accrued payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, and this Section survive termination.
29. Contact Us
Questions about these Terms? Reach us at Support@fastlaneops.com