Our Terms & Conditions
Privacy Policy

At Pitstop Connect, your right to privacy is very important to us.  During the course of providing you with our products, we may become exposed to your personal information.  Because we are committed to protecting your privacy rights and the information you provide to us, we have developed this privacy policy. It explains how we will protect your information and describes how we will use and share it. 

 

This policy is concerned with the protection of your personal information only. Personal information includes any data that can be used to identify you as an individual, including your name, income, personal opinion, interests, home contact information, identification numbers, user IDs, passwords, ethnic origin, and age. Under Canadian law, in a business context, personal information does not include the name, job title, business address, or business telephone number of any employee in an organization. 

 

This policy describes the following practices:

• Collecting information
• Sharing your personal information
• Maintaining your personal information

 

This privacy policy may change from time to time to reflect Pitstop’s internal needs, customer feedback, or changes in applicable privacy legislation. Pitstop will post all such changes on our website, so please visit this page regularly. 

 

NOTE:  Pitstop products are not intended to be sold to children under the age of 18. We do not knowingly collect or maintain any personal information or non-personally-identifiable information from anyone under the age of 18 nor is any part of our website directed to children under the age of 18. We will not accept product orders from individuals that we know to be children and will remove and/or delete any personal information we believe was submitted by any child under the age of 18.

In order to order products from Pitstop or to obtain services from Pitstop relating to such products, you may be required to provide specific information about yourself, such as your name, address, telephone number and e-mail address.  We will inform you when we need information that personally identifies you, and we will keep this information in strict confidence.  Additionally, you may, on occasion, voluntarily provide Pitstop with information that can be classified as personal information – all such personal information will be stored and maintained in accordance with this privacy policy.

 

We collect information about you in the following ways: 

 

As part of your purchase of Pitstop’s products and/or services

We will require your name, address, telephone number, certain financial account or credit card information, and potentially other information of which we will inform you in advance, for billing, shipping and payment purposes.  This information is kept confidential and stored securely by Pitstop and/or its payment provider.

 

Automatically by Pitstop’s products and services

Pitstop’s products and services may contain features that automatically collect information from users, such as usage statistics and other tracking information. Although this information will not identify you personally, it nevertheless provides certain information about you, and we therefore treat it as personal information.  Additionally, use of Pitstop’s website and/or products may result in the collection of technical information such as your computer’s IP address, operating system, browser name/version, the referring web page, requested page, date/time, data related to software applications used with Pitstop’s products, and sometimes a “cookie” (which can be disabled using your browser preferences); such information is used to help us understand the overall usage pattern of our website and products.

 

Information from your vehicle’s onboard computer

We collect and store information about the vehicle into which you plug in the Pitstop device. Examples of the type of information we collect from the vehicle’s onboard computer and sensors include: data from the short term fuel trim, which helps us analyze head gasket failures; and diagnostic trouble codes, which help explain why the vehicle’s check engine light came on.

Information about your vehicle’s operation

 

We collect information about your vehicle’s operation to provide you with feedback on your driving habits. For example, we collect data on hard braking, hard acceleration, and speed. Using this information, we provide you with insight into your vehicle maintenance requirements. We request your vehicle identification number so that we can provide you with more precise feedback based on your specific vehicle submodel.

 

As part of your use of Pitstop’s website

You may have the ability to post information on Pitstop’s website, such as comments and opinions. Please be advised that any personal information that you voluntarily post to any public forum or to any area where third parties may legally access it, will NOT be considered confidential in any way, and Pitstop will not have any obligation to protect it in a secured system or obtain your consent to its disclosure, as you will have made the decision to publicly post it.  However, at your request, Pitstop will be happy to change it, remove it, or restrict access to it (subject to technical feasibility) in order to protect the integrity of the personal information.

 

You contact Pitstop directly  

Customers and business partners often contact us directly. When you contact any Pitstop employee by telephone, e-mail, in person, or through our website, you will be asked to provide consent to the collection of personal information if your personal information will help us deliver the information, products, or services you require. 

 

You respond to communications from Pitstop

From time to time, Pitstop may invite you to provide us with information for specific purposes.  We may ask for this information through feedback features on our website or software; we may send out e-mail inviting feedback or offering products and services; or we may ask you for information concerning support of our products or services. Your response to these communications may require you to submit personal information and opinions.

 

Your information is obtained through a third party

Occasionally, Pitstop will obtain information about you from third parties, such as mailing list providers, third party service providers, ISPs, or third party application or account providers. Third-party providers are responsible for obtaining consent for the release of personal information to us from those individuals identified on mailing lists, surveys, or through other collection methods.

 

Third party collection of your information

As Pitstop’s products are intended to be used in conjunction with third party hardware and software, third parties may collect information from you through the use of websites or other methods while you are using Pitstop’s products. Third party hardware and software products or services accessed by using, or used in conjunction with, Pitstop’s products are not owned or controlled by Pitstop, and are governed by the third party’s terms and conditions and/or privacy policy.  You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.

Subject to any exceptions stated above in the collection of information section, should Pitstop collect any of your personal information, we will follow these practices regarding the distribution of that information.

 

Your personal information is protected

Pitstop uses reasonable precautions to protect your personal information and store it securely. Access to your personal information is restricted to those persons who need it, and Pitstop takes reasonable steps to prevent the unauthorized use or disclosure of your personal information. 

 

Pitstop only uses and discloses your personal information if it helps us facilitate your needs, improve our products and services, meet legal and regulatory requirements, or — to the limited extent possible — manage our internal business operations.  Additionally, if there are any disclosure or use restrictions in your consent to the collection of your personal information, Pitstop will abide by those restrictions (subject to the consent exceptions listed below).  For example, your credit card or financial information will only be used to bill you for the products and services that you have ordered and/or authorized, as applicable.

 

Pitstop may combine your information with other information into an aggregate form, so your information no longer personally identifies you. We may then use such information ourselves to improve our products or services, and we may also disclose the aggregate information to third parties, so they can obtain an overall picture of Pitstop’s products, services, general industry issues and/or usage patterns. 

 

We only share your information with your consent

Pitstop provides your information to third parties only for purposes to which you have consented, and we require such third parties to keep your information confidential. 

 

In a few situations, Pitstop may be required to disclose your information without your prior consent. For example, Pitstop may disclose your information if we are required to do so by law, or if we believe in good faith that such disclosure is necessary to: 

 

• comply with law or legal process
• protect and defend our rights and property, or the rights and property of a third party
• protect against misuse or unauthorized use of any of Pitstop’s products, services, or other proprietary materials
• protect the personal safety of any person
• In addition, Pitstop may disclose your information as we reasonably require in order to facilitate a merger, acquisition, or sale of all or a portion of Pitstop’s assets.”

 

Pitstop will always try to provide you with prior notice of such disclosure; however, such notice may not always be possible or reasonable given the circumstances.

 

Additionally, the nature of Pitstop’s products provided may require the use of certain information to aid in interoperability with third party products and services.  Your personal information will only be used to the limited extent necessary to facilitate such interoperability, and may include the following uses:

• to allow third party suppliers, vendors, contractors and other parties to provide products and services to us or to you, or to act on our behalf (this may include, without limitation, our authorization of such third parties to email our users regarding updates, surveys and other inquiries regarding their experience with our products); and
• to allow for audits and surveys to, among other things, validate the size and composition of the users of Pitstop’s products and services, and understand their experience with Pitstop’s products. 

Pitstop has established the following practices regarding the maintenance of your personal information.  

 

You can request access to your personal information at any time

If, for any reason, you wish to review your personal information that Pitstop has in its possession, you can contact our support staff, who will be pleased to provide you with all your personal information that Pitstop has on file.

 

You can request changes to your personal information at any time

Sometimes, it will be necessary for you to update your personal information Pitstop has on file; for instance, up-to-date information is required if you wish to continue to obtain notifications of product recalls or warranty changes. If you wish to make any changes or corrections to your personal information that cannot be done yourself through your personal settings, please contact our Privacy Officer who will implement the changes. This will help us ensure our records are always up-to-date. 

 

You can opt out of communications at any time

Additionally, you always have the choice of whether you wish to receive information – such as e-mail updates – from Pitstop.  In some cases, you may do so simply by changing the preferences in the software application provided by Pitstop as part of its product.

 

If you do choose to opt out of communications respecting products and services provided by Pitstop, you may not obtain all the benefits we could otherwise provide, such as updates or warnings. Pitstop will not have any liability to you for your loss of those benefits or any negative effects respecting your use of Pitstop’s products or services.

 

Anonymized and aggregated data.

We anonymize and aggregate the data we collect across many users and may share this aggregated data with our affiliates, business partners, and users. The aggregated data does not identify you personally. We may also disclose aggregated user statistics in order to communicate to current and prospective business partners and to third parties for other lawful purposes. Examples of anonymized and aggregate data include the number of parts replaced on your vehicle, average profile of sensor functionality as a representation of vehicle health. 

 

You can request that your personal information be destroyed at any time

A situation may arise where you desire to have all of your personal information that is contained in Pitstop’s records deleted or destroyed.  If this is what you wish, please contact our Privacy Officer, who will take care of removing your personal information from all of Pitstop’s records.  However, there may be situations where we are obligated to retain one archival copy of your information to allow us to comply with laws or respond to legal processes.  We will inform you of all such situations, and will only use your retained personal information to the limited extent necessary to comply with such laws or respond to legal processes.

Pitstop welcomes your comments about this privacy policy, and we would be happy to provide any additional information you require. Please contact our Privacy Officer at: 

 

info@pitstopconnect.com

 

This privacy policy supplements any agreements you already have with Ansik Inc., such as our Standard Terms and Conditions, website terms and conditions, and any other agreement. Our privacy policy does not replace the terms of those agreements. By agreeing to those terms and using Pitstop’s website, products, software and services, you are consenting to the collection and use of your personal information by Ansik Inc. in accordance with this privacy policy. This policy was written in accordance with the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA).

Last Modified: May 4, 2026

Fullbay, Inc., a Delaware corporation dba Fullbay (“Fullbay”, “we” or “our”) is the provider of the AI driven fleet maintenance and management software platform known as “Pitstop” as described at http://pitstopconnect.com/ (the “Pitstop Service”). Your (“you”, “your”, or “Subscriber”) use and access to the Service is governed by these Terms of Service, whether as a guest or registered user and creates a legally binding agreement between you and Fullbay.

THESE TERMS OF SERVICE GOVERN YOUR ACCESS AND USE OF THE PITSTOP SERVICE AND SUPERSEDE ALL PRIOR TERMS OF SERVICE OR AGREEMENTS BETWEEN YOU AND FULLBAY WITH RESPECT TO USE OF THE PITSTOP SERVICE.

BY ACCEPTING THESE TERMS OF SERVICE THROUGH USE OR ACCESS OF THE PITSTOP SERVICE, OR OTHERWISE ELECTRONICALLY INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, AND OUR PRIVACY POLICY, WHICH POLICY IS INCORPORATED HEREIN BY THIS REFERENCE. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF SERVICE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” REFERS TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE OR ACCESS THE PITSTOP SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE OR ACCESS THE PITSTOP SERVICE.

IMPORTANT AUTO-RENEWAL NOTICE: YOUR SUBSCRIPTION TO THE PITSTOP SERVICE WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS UNLESS YOU CANCEL. FOR MONTHLY SUBSCRIPTIONS, YOU MAY CANCEL AT ANY TIME BY PROVIDING WRITTEN NOTICE TO FULLBAY, AND CANCELLATION WILL BE EFFECTIVE AT THE END OF THE CURRENT TERM. FOR ANNUAL OR MULTI-YEAR SUBSCRIPTIONS, YOU MUST PROVIDE WRITTEN NOTICE OF NON-RENEWAL AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM TO AVOID AUTOMATIC RENEWAL FOR AN ADDITIONAL ANNUAL PERIOD. FAILURE TO PROVIDE TIMELY NOTICE WILL RESULT IN AUTOMATIC RENEWAL AND YOU WILL BE CHARGED FOR THE RENEWAL TERM.

WE MAY REVISE AND UPDATE THESE TERMS OF SERVICE FROM TIME TO TIME IN OUR SOLE DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM AND APPLY TO ALL SUBSEQUENT ACCESS TO AND USE OF THE PITSTOP SERVICE.

THESE TERMS OF SERVICE INCORPORATE THE RULES AND RESTRICTIONS SET FORTH IN SCHEDULE A (the “Rules”), THE ADDITIONAL TERMS FOR AI-ENABLED SERVICES SET FORTH IN SCHEDULE B (the “AI Terms”), AND THE APPLICATION PROGRAMMING INTERFACE TERMS SET FORTH IN SCHEDULE C (the “API Terms”). THE RULES, AI TERMS AND API TERMS SUPPLEMENT BUT DO NOT SUPERSEDE THE GENERAL TERMS OF SERVICE SET FORTH BELOW.

THE PITSTOP SERVICE

Subscriber will receive access to and use of the Pitstop Service pursuant to these Terms of Service during Subscriber’s subscription term. Such access and use is limited to Subscriber’s internal use with Subscriber’s business operations and is revocable, non-exclusive, non-transferable, and non-sublicensable. Subscriber is responsible for all acts and omissions of its authorized users, and any act or omission by an authorized user that would constitute a breach of these Terms of Service if taken by Subscriber will be deemed a breach of these Terms of Service by Subscriber. Subscriber shall use reasonable efforts to make all authorized users aware of these Terms of Service as applicable to such authorized user’s use of the Pitstop Service and shall cause its authorized users to comply with such provisions. Subscriber shall ensure that only active employees or independent contractors of Subscriber who have a need to access the Pitstop Service on Subscriber’s behalf and solely for Subscriber’s internal use are authorized as users of the Pitstop Service by Subscriber.

Subscriber’s and its authorized users’ access to and use of the Pitstop Service through mobile devices and tablets is subject to the additional terms set forth in the “Mobile and Tablet Access” section of Schedule A.

Fullbay, from time to time, may modify or upgrade the Pitstop Service or certain components of the Pitstop Service including, but not limited to, the hardware, software, features or environment associated with the Pitstop Service. In addition, Fullbay may (i) change the third-party services that are integrated with or ancillary to the Pitstop Service at any time, (ii) change the providers of such third-party services at any time, (iii) integrate new third-party services into the Pitstop Service at any time or (iv) remove third-party services that are integrated into the Pitstop Service at any time, in each case without Subscriber’s consent, provided that if Fullbay removes a third-party service for which Subscriber has made a prepayment to Fullbay then Fullbay will promptly refund Subscriber for such prepayment after removal of the third-party service. Fullbay reserves the right to discontinue offering the Pitstop Service in its sole discretion without any liability.

We may update the information and content on the Pitstop Service from time to time, but we do not warrant that the information and content within the Pitstop Service is complete or up to date. Any information or content on the Pitstop Service may be out of date at any given time.

Before Subscriber can access or use the primary functionality of the Pitstop Service, Subscriber will be asked to provide certain registration details. It is a condition of your use of the Pitstop Service that all the information and content you provide to Fullbay is correct, current, and complete. You agree that all information and content you provide to Fullbay to register for the Pitstop Service or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information and content consistent with our Privacy Policy.

The Pitstop Service is offered and available to users who are 18 years of age or older. You must not access or use the Pitstop Service if you are under 18 years old.

Subscriber’s account and right to access the Pitstop Service cannot be sold, assigned or transferred to any other person without the prior written consent of Fullbay. Subscriber may not assign any of its rights or obligations (in whole or in part) under these Terms of Service without the prior written consent of Fullbay. Any fees or other amounts owing to Fullbay by Subscriber must be paid before Subscriber’s account and right to access the Pitstop Service is sold, assigned or transferred to any other person.

PAYMENT TERMS

In consideration of the Pitstop Service, Subscriber will pay Fullbay the fees and charges set forth in the “Subscription Info” section of the “Configuration” page of your user account as determined by the number of assets under management and any other factors set forth therein. All fees are immediately due and payable upon the date of invoice. Fullbay may change the fees and charges for the Pitstop Service from time to time upon at least 15 days’ prior notice to Subscriber and Subscriber’s continued use of the Pitstop Service after any such change will constitute acceptance of the new fees and charges. For monthly Subscribers, changes will be implemented at the beginning of the next monthly term. For annual or multi-year Subscribers, changes will be implemented at the start of the next annual or multi-year term. All fees and charges are due on the applicable invoice via credit card or ACH auto payment and are not refundable, except as otherwise provided in these Terms of Service. Any initial setup fee or professional services fee must be paid by Subscriber before Fullbay is obligated to perform such setup or professional services, which services may be subject to a Statement of Work and additional terms and conditions.

Fees for the Pitstop Service are structured in tiers based on the number of assets under management. If Subscriber’s asset count increases during a subscription term such that Subscriber moves into a higher pricing tier, Subscriber will be charged at the rate for the higher tier effective as of the date Subscriber’s asset count exceeds the threshold for Subscriber’s then-current tier. If Subscriber’s asset count decreases during a subscription term, Subscriber will remain at Subscriber’s then-current pricing tier until the end of Subscriber’s then-current subscription term, at which point Subscriber’s tier will be adjusted based on Subscriber’s asset count at renewal.

Payment/ACH Authorization

By accepting these Terms of Service and providing your payment details to Fullbay, you authorize Fullbay to charge your provided credit card or debit your bank account through Automated Clearing House (ACH) for fees as they become due. These charges will cover the cost of the Pitstop Service, as well as any initial setup fee or professional services fee. You acknowledge and agree that all payments will be made in U.S. dollars and that all payments are non-refundable except as otherwise provided in these Terms of Service.

Taxes and Payment Default

Subscriber is expressly responsible for the payment of all sales, use, value-added, consumption, and other similar taxes that may be applicable or arise in connection with use of the Pitstop Service. This includes but is not limited to taxes in Subscriber’s local jurisdiction.

If any payment fails or is not received when due, Subscriber agrees to resolve the situation within three (3) calendar days. If the situation is not resolved, Subscriber acknowledges and agrees that a payment failure fee as determined by Fullbay will be charged to Subscriber’s account, and Subscriber’s access to the Pitstop Service will be suspended within five (5) calendar days of non-payment. For monthly Subscribers, if payment is not received within fifteen (15) calendar days of the original due date, such non-payment will be deemed Subscriber’s intent to cancel and the Pitstop Service will be terminated. For annual or multi-year Subscribers, if payment is not received within thirty (30) calendar days of the original due date, such non-payment will constitute a material breach of these Terms of Service with acceleration of all remaining contract value becoming immediately due and payable. Annual or multi-year Subscribers will have an additional thirty (30) day cure period to remedy such breach, and if not cured within such cure period (sixty (60) calendar days from original due date), Subscriber’s subscription will be terminated. Subscriber further agrees to pay Fullbay all costs and expenses, including reasonable attorney’s fees and costs of collection, incurred by Fullbay in enforcing the terms of these Terms of Service.

TERM AND TERMINATION

Monthly Subscription

If you have chosen a monthly subscription, your subscription commences as of the date of acceptance of these Terms of Service and will continue and automatically renew each calendar month thereafter unless either party gives written notice to the other party of termination of Subscriber’s subscription or Subscriber’s subscription is otherwise terminated in accordance with these Terms of Service. If a party gives written notice of termination, Subscriber’s subscription will end on the last day of the current subscription term.

Annual/Multi-year Subscription

If you have chosen an annual or multi-year subscription, your subscription commences as of the date of acceptance of these Terms of Service and will continue until the end of your annual or multi-year subscription term, unless your Subscription is terminated earlier in accordance with these Terms of Service. At the end of your subscription term, your subscription will automatically renew for successive annual periods, unless either party gives written notice to the other party of non-renewal at least 30 days prior to the end of your then-current subscription term.

Termination for Material Breach by Fullbay

Subscriber may terminate these Terms of Service upon written notice to Fullbay in the event of a material breach by Fullbay of any provision of these Terms of Service, provided that such material breach remains uncured thirty (30) calendar days after Subscriber provides written notice to Fullbay specifying the nature of such breach.

Suspension and Termination

Fullbay reserves the right to suspend or terminate your subscription or stop your usage of any aspect of the Pitstop Service without prior notification if we determine in our sole discretion that (i) Subscriber has breached any of these Terms of Service, including without limitation, any obligations to make timely payment when due; (ii) there is a threat or attack on any of the Fullbay Property; (iii) Subscriber’s or any authorized user’s use of the Fullbay Property disrupts or poses a security risk to the Fullbay Property or to any other customer or vendor of Fullbay; (iv) Subscriber, or any authorized user, is using the Fullbay Property for fraudulent or illegal activities; (v) subject to applicable law, Subscriber has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (vi) Fullbay’s provision of the Pitstop Service to Subscriber or any authorized user is prohibited by applicable law; or (vii) any vendor of Fullbay has suspended or terminated Fullbay’s access to or use of any third-party services or products required to enable Subscriber to access and use the Pitstop Service. Fullbay will not be responsible or liable for any damages resulting from such suspension or termination.

Upon termination of these Terms of Service for any reason, you must pay all fees due through the end of your subscription term. If you have an annual or multi-year subscription, and the Pitstop Service is suspended or terminated before the end of your subscription term, all remaining fees for the remainder of your subscription term shall immediately accelerate and become due and payable, and you must pay all such accelerated amounts, unless such suspension or termination is due to (x) any of the events described in subparts (ii) or (vii) in the preceding paragraph or (y) Subscriber’s termination of these Terms of Service due to Fullbay’s uncured material breach.

Upon termination of these Terms of Service, all access to the Pitstop Service ends immediately. Fullbay shall have no obligation to Subscriber to maintain or provide export of data on Subscriber’s behalf, and Fullbay may dispose of such information and content without any further obligations to you upon termination of these Terms of Service.

Any provision of these Terms of Service that must survive to give effect to the purpose and intent of these Terms of Service will survive termination of Subscriber’s subscription, including without limitation the following provisions: Term and Termination, Limited Warranties, Confidentiality, Security, Proprietary Rights, Third Party Dealings, Disclaimers and Limitations, Ownership of Data, Governing Law and Venue and General Provisions.

CONDUCT OF USERS

The Pitstop Service may be used only by Subscriber and its authorized users in accordance with these Terms of Service, the Rules, the AI Terms and the API Terms. Subscriber is solely responsible for its and its users’ compliance with the Rules. Any violation of the Rules by Subscriber or any of Subscriber’s users will be a material breach of these Terms of Service. Fullbay may amend or supplement the Rules from time to time, and any amended or supplemented Rules shall be posted by hyperlink to the login page for the Pitstop Service, which posting shall be deemed reasonable and adequate notice to Subscriber and its authorized users of the amended or supplemented Rules and which posting will bind Subscriber and its users to the Rules as amended or supplemented.

Subscriber and its users shall fully comply with all applicable laws which govern Subscriber’s use of the Pitstop Service.

LIMITED WARRANTIES

Fullbay warrants to Subscriber that the Pitstop Service will perform in material compliance with the documentation provided by Fullbay or its affiliates at https://pitstopconnect.com/ that is uniformly available and applicable to all Pitstop customers and relates to the operation and use of the Pitstop Service, including user manuals, operating instructions, and release notes, each as updated by Fullbay from time to time. Subscriber shall notify Fullbay in writing within 30 days after becoming aware of the Pitstop Service’s failure to perform in accordance with the foregoing warranty. If Subscriber does not provide timely written notice to Fullbay, the Pitstop Service will be deemed to have complied with such warranty. Fullbay does not make any representations or guarantees regarding uptime or availability of the Pitstop Service. Fullbay also disclaims certain warranties relating to the access and use of AI-Enabled Pitstop Services and the output generated thereby, as set forth in more detail in Schedule B and disclaims warranties related to the access and use of APIs, as set forth in more detail in Schedule C.

THE FOLLOWING ARE THE PARTIES’ RESPECTIVE SOLE AND EXCLUSIVE OBLIGATIONS, AND SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO ANY ACTION FOR BREACH OF THE LIMITED WARRANTIES UNDER THESE TERMS OF SERVICE.

Subscriber’s sole remedy for the Pitstop Service’s non-conformance with the limited warranties under these Terms of Service, as determined in Fullbay’s sole discretion, shall be: (i) the correction of any deficient feature of the Pitstop Service at Fullbay’s expense or (ii) in the case of an interruption to the Pitstop Service that causes the Pitstop Service to be unavailable for more than four (4) hours, provide Subscriber with a credit equivalent to the pro-rated subscription charge for the period of interruption.

The foregoing warranties shall not apply to performance issues or defects in the Pitstop Service that resulted from factors outside of Fullbay’s reasonable control; that resulted from any actions or inactions of Subscriber or its users; or that resulted from Subscriber’s systems, environment or equipment or any third parties’ systems, environment or equipment not within the control of Fullbay.

Fullbay does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Pitstop Service or any hyperlinked website within the Pitstop Service or featured in any banner or other advertising.

CONFIDENTIALITY

All proprietary and confidential information and materials (“Confidential Information”) of either party will be held in confidence by the other party. Confidential Information will include, without limitation, information relating to a party’s business and marketing plans and processes, rates, fees and other terms of pricing of the Pitstop Service, customers, software, hardware and technology, or quality of performance of the Pitstop Service. Confidential Information will not include information (i) already known or independently developed by the recipient, (ii) in the public domain through no wrongful act of the recipient, or (iii) received by the recipient from a third party who was authorized to disclose it. Neither party will use (for itself or for any third party) or disclose, nor permit any other person or entity under its control to use or disclose any Confidential Information, except (A) to employees, agents, third party contractors, or representatives of the recipient who have a “need to know” the information and are subject to an obligation of confidentiality to the disclosing party at least as restrictive as the restrictions contained in this Confidentiality section, (B) if required by law or legal process, (C) to enforce these Terms of Service (including the Rules), (D) to respond to claims that any content violates the rights of third parties, or (E) to protect the rights, property, or personal safety of others. Each party will promptly notify the other party if it receives a request for the other party’s Confidential Information (unless notice is prohibited by law), will reasonably cooperate with the other party’s efforts to seek protection from disclosure and disclose only that portion of Confidential Information required under applicable law. Upon termination of Subscriber’s subscription, the provisions of this Confidentiality section will survive for a period of three years from the termination date, and each party will, at the other party’s request, either return to the other party all Confidential Information of the other party in its possession or control or destroy such Confidential Information with certification to the other party stating that such Confidential Information has been destroyed. Fullbay may destroy the Confidential Information of Subscriber if Subscriber does not download and remove such Confidential Information before Subscriber’s subscription is terminated.

SECURITY

Subscriber agrees to keep secure and confidential any usernames Fullbay issued to Subscriber and its authorized users, and any passwords (whether issued by Fullbay to Subscriber or created by Subscriber). Any use of Subscriber’s username(s) and/or password(s) or the username(s) and password(s) of Subscriber’s authorized users shall be deemed as authorized by Subscriber and Subscriber shall remain solely liable for all actions thereunder unless Subscriber provides advance written notice to Fullbay that such username(s) and/or password(s) have been compromised. Subscriber agrees to immediately notify Fullbay in writing of any unauthorized use of such username(s) or password(s).

Fullbay will use commercially reasonable measures to safeguard the security of the Pitstop Service. However, Fullbay does not warrant or guarantee the absolute security or integrity of the Pitstop Service, nor the content, information, or data transmitted through or housed within any part of the Pitstop Service.

If there is a security breach affecting Subscriber Data, Fullbay reserves the right to provide notice of such breach to affected individuals, regulatory authorities, or other parties as necessary to comply with applicable privacy laws and regulations. Subscriber shall be solely responsible for all costs and expenses associated with notifying Subscriber’s employees, customers, and any other third parties of any security breach, including without limitation the costs of preparing and sending notifications, credit monitoring services, and any other remediation measures.

PROPRIETARY RIGHTS

The Pitstop Service and its entire contents, features, and functionality, including but not limited: (i) the content contained in or presented through the Pitstop Service (including, without limitation, text, displays, images, audio music, sound, photographs, graphics, video, page layout, editorial content and the design, selection, and arrangement thereof); (ii) the software, hardware, files, processes, systems, databases and tools used or provided to Subscriber; (iii) other tangible and intangible personal property relating to the Pitstop Service; (iv) the trade names, trademarks, service marks, copyrights, patents, inventions, trade secrets, know-how and other intellectual property rights relating to the foregoing, and (v) the APIs (as defined in Schedule C (sections (i), (ii), (iii), (iv), and (v) in this Proprietary Rights section shall collectively be referred to as “Fullbay Property”) are owned by Fullbay, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Fullbay reserves all rights not expressly granted to Subscriber in these Terms of Service. Except for the limited rights and licenses expressly granted under these Terms of Service, nothing in these Terms of Service grants, by implication, waiver, estoppel, or otherwise, to Subscriber or any third party any intellectual property rights or other right, title, or interest in or to the Fullbay Property.

Subscriber is strictly forbidden from publishing, distributing through the Internet or any other public computer-based information system, creating derivative works (including translating), transferring, selling, leasing, licensing, or otherwise making available any Fullbay Property to any unauthorized party.

Subscriber is granted the right to use that portion, and only that portion, of Fullbay Property that is contemplated in these Terms of Service. Subscriber will not copy, revise, alter, modify, decompile, reverse engineer, assemble, or attempt to discover, nor sell, assign, sublicense, encumber, or otherwise transfer any interest in any Fullbay Property, including, without limitation, any object code, source code, or underlying processes or algorithms contained therein, and Subscriber will not permit any person or entity to commit or engage in such activities or conduct. Subscriber acknowledges and agrees that any infringement or breach of the provisions in this Proprietary Rights section would significantly damage Fullbay’s business operations and threaten its viability as a business entity.

In the event of a breach or threatened breach by Subscriber of any provisions of this Proprietary Rights section, Fullbay shall be entitled to seek, in addition to any other rights and remedies available to it at law or in equity, injunctive or other equitable relief to prevent or restrain such breach or threatened breach, without the necessity of proving actual damages or posting a bond. Subscriber acknowledges and agrees that any such breach or threatened breach would cause irreparable harm to Fullbay and that monetary damages would not provide an adequate remedy.

THIRD PARTY DEALINGS

If Subscriber acquires goods or services from a third party, regardless of whether the goods or services are used as part of the Pitstop Service or acquired through a feature of the Pitstop Service, Subscriber agrees that its business dealings with such third party are solely between Subscriber and such third party. Any and all use of such third-party goods or services shall be done solely at Subscriber’s own risk and responsibility and may be subject to such legal and financial terms which govern such third-party goods or services, which Subscriber is encouraged to review before engaging with any third party. Fullbay has no liability to Subscriber or such third party arising from Subscriber’s relationship with such third party, or the goods or services acquired by Subscriber from such third party. Subscriber is responsible for paying such third party for the goods and services Subscriber acquires from such third party. In addition, Fullbay has no liability arising from any complaints or claims Subscriber may have concerning any defects in goods or services that Subscriber acquires from such third party or such third party’s failure to perform its obligations to Subscriber.

Links to third-party websites or resources may be provided by Fullbay or third parties as part of the Pitstop Service. Subscriber agrees that Fullbay has no control over such websites or resources and is not responsible in any way for such websites or resources including without limitation any content, advertising, products or material on or available from such websites or resources.

Subscriber acknowledges that the Pitstop Service depends on data received from third-party telematics providers, sensors, and integrated fleet maintenance systems. Fullbay does not control, and is not responsible for, the accuracy, completeness, timeliness, or reliability of any data transmitted to the Pitstop Service by such third-party systems. Inaccurate, incomplete, delayed, or corrupted third-party data may result in inaccurate or misleading outputs, predictions, or recommendations from the Pitstop Service. Fullbay shall have no liability arising from or related to the quality, accuracy, or availability of third-party data.

Subscriber acknowledges that the fleet monitoring features of the Pitstop Service requires real-time updates from telematics integrations. If an integration with a telematics provider becomes unavailable or data synchronization is delayed, Subscriber may not receive timely alerts about critical vehicle issues. Fullbay shall have no liability arising from any integration or connectivity issues with a telematics provider.

DISCLAIMERS AND LIMITATIONS

THE PITSTOP SERVICE, INCLUDING ITS PREDICTIVE MAINTENANCE AND AI-ENABLED FEATURES, IS INTENDED TO SUPPLEMENT AND NOT REPLACE SUBSCRIBER’S OWN VEHICLE INSPECTION, MAINTENANCE, AND SAFETY COMPLIANCE PROGRAMS. PREDICTIVE OUTPUTS ARE PROBABILISTIC IN NATURE AND DO NOT GUARANTEE THE IDENTIFICATION OF ALL MAINTENANCE ISSUES OR VEHICLE DEFECTS. SUBSCRIBER REMAINS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL VEHICLE SAFETY LAWS AND REGULATIONS, INCLUDING WITHOUT LIMITATION FMCSA, DOT, AND OSHA REQUIREMENTS AND ANY SIMILAR LEGAL REQUIREMENTS IN SUBSCRIBER’S JURISDICTION. FULLBAY SHALL HAVE NO LIABILITY FOR ANY VEHICLE FAILURE, ACCIDENT, INJURY, PROPERTY DAMAGE, OR REGULATORY PENALTY ARISING FROM SUBSCRIBER’S RELIANCE ON THE PITSTOP SERVICE IN LIEU OF REQUIRED INSPECTIONS OR MAINTENANCE PROCEDURES.

THE PITSTOP SERVICE INCLUDES FEATURES FOR MANAGING AND RECORDING DRIVER VEHICLE INSPECTION REPORTS (DVIRS) AND OTHER INSPECTIONS. THESE FEATURES ARE TOOLS TO ASSIST SUBSCRIBER IN ITS COMPLIANCE EFFORTS AND DO NOT GUARANTEE REGULATORY COMPLIANCE. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ENSURING THAT ALL INSPECTIONS ARE PROPERLY CONDUCTED, DOCUMENTED, AND RETAINED IN ACCORDANCE WITH APPLICABLE FMCSA, DOT, OR OTHER REGULATORY REQUIREMENTS. FULLBAY SHALL HAVE NO LIABILITY FOR ANY REGULATORY PENALTIES, FINES, OR OTHER CONSEQUENCES ARISING FROM SUBSCRIBER’S USE OF OR RELIANCE UPON THE DVIR OR INSPECTION FEATURES OF THE PITSTOP SERVICE.

THE WARRANTY TRACKING FEATURES OF THE PITSTOP SERVICE ARE INTENDED TO ASSIST SUBSCRIBER IN IDENTIFYING POTENTIALLY WARRANTY-ELIGIBLE REPAIRS AND ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. FULLBAY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF WARRANTY COVERAGE INFORMATION AND DOES NOT GUARANTEE THAT ALL WARRANTY-ELIGIBLE REPAIRS WILL BE IDENTIFIED. SUBSCRIBER IS SOLELY RESPONSIBLE FOR VERIFYING WARRANTY COVERAGE WITH THE APPLICABLE MANUFACTURER OR WARRANTY PROVIDER AND FOR SUBMITTING WARRANTY CLAIMS WITHIN REQUIRED TIME PERIODS. FULLBAY SHALL HAVE NO LIABILITY FOR MISSED WARRANTY CLAIMS OR FOR ANY COSTS INCURRED BY SUBSCRIBER THAT WOULD HAVE BEEN COVERED UNDER AN APPLICABLE WARRANTY.

SUBJECT TO THE LIMITED WARRANTIES SET FORTH IN THE LIMITED WARRANTIES SECTION, SUBSCRIBER’S USE OF THE PITSTOP SERVICE AND ANY EQUIPMENT, SOFTWARE AND HARDWARE PROVIDED IN CONNECTION WITH THE PITSTOP SERVICE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE PROVIDED HEREIN, FULLBAY DOES NOT MAKE, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO THE PITSTOP SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE.

NEITHER FULLBAY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PITSTOP SERVICE, REPRESENTS OR WARRANTS THAT THE PITSTOP SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PITSTOP SERVICE OR THE SERVERS OR OTHER PROPERTY THAT ARE USED IN PROVIDING THE PITSTOP SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FULLBAY SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY INACCURACY, ILLEGALITY, AND/OR INAPPROPRIATENESS OF ANY USER CONTENT OR OTHER CONTENT PROVIDED THROUGH THE PITSTOP SERVICE, ANY DAMAGE, DESTRUCTION OR CORRUPTION OF ANY CONTENT OR OTHER DATA BY THE PITSTOP SERVICE, OR ANY USE OR MISUSE OF, OR INABILITY TO USE, THE PITSTOP SERVICE BY ANY PERSON OR ENTITY.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FULLBAY OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PITSTOP SERVICE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, DIMINUTION IN VALUE, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FULLBAY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES) ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE PITSTOP SERVICE. FULLBAY’S MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OF SERVICE OR THE PITSTOP SERVICE WILL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY SUBSCRIBER TO FULLBAY UNDER THIS AGREEMENT FOR THE 12-MONTH PERIOD IMMEDIATELY PRIOR TO WHEN ANY CLAIM OR CAUSE OF ACTION AROSE.

SUBSCRIBER ACKNOWLEDGES AND AGREES THAT ANY CLAIM OR CAUSE OF ACTION WHICH SUBSCRIBER MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE PITSTOP SERVICE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR THE CLAIM OR CAUSE OF ACTION WILL FOREVER BE BARRED.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Fullbay will not be liable for failure or delay in providing the Pitstop Service or other obligations under these Terms of Service if the failure or delay is due to circumstances beyond Fullbay’s control including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, pandemic, epidemic, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunication or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies, or power used in equipment needed for the provision of the Pitstop Service.

Some features of the Pitstop Service (including AI-Enabled Pitstop Services) may provide suggested contractual language or sample agreements for use in estimates, invoices, and other correspondence or agreements between Subscriber and its customers. Fullbay, however, does not guarantee the enforceability or effectiveness of such contractual language or sample agreements. Subscriber acknowledges and agrees that all suggested contractual language and sample agreements are provided solely for Subscriber’s information and convenience. It is Subscriber’s responsibility to consult with Subscriber’s own legal counsel to determine the suitability and legality of such contractual language and sample agreements in the context of Subscriber’s business operations and to modify the same as the context of Subscriber’s business requires and as advised by Subscriber’s own legal counsel.

OWNERSHIP OF DATA

Subscriber understands that the technical processing and transmission of Subscriber Data and other data is necessary to Subscriber’s use of the Pitstop Service and Subscriber’s use of certain third-party services that are integrated with or otherwise available through or in connection with Subscriber’s use of the Pitstop Service. As between Fullbay and Subscriber, Subscriber owns all right, title, and interest, including all intellectual property rights, in and to, information, data, and other content, that is submitted, posted, or otherwise transmitted by or on behalf of Subscriber or Subscriber’s users through the Pitstop Service (the “Subscriber Data”) other than Resultant Data, and hereby grants to Fullbay a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use, review and display the Subscriber Data and perform all acts with respect to the Subscriber Data as may be necessary for Fullbay to (i) provide the Pitstop Service to Subscriber and other subscribers to the Pitstop Service or (ii) analyze Subscriber’s use of the Pitstop Service or third-party services that are integrated with or otherwise available through or in connection with Subscriber’s use of the Pitstop Service. “Vehicle Data” means data relating to Subscriber’s vehicles that is transmitted to the Pitstop Service through telematics integrations, sensor devices, diagnostic tools, or other automated means on Subscriber’s behalf, including but not limited to fault codes, sensor readings, mileage, engine hours, trip data, GPS location data, and driver vehicle inspection reports. Vehicle Data is included within the definition of Subscriber Data.

Subscriber agrees that Fullbay may (i) make Resultant Data publicly available in compliance with applicable law, (ii) use Resultant Data to the extent and in the manner permitted under applicable law, and (iii) reproduce, distribute, modify and otherwise use and display the Resultant Data and Subscriber hereby grants Fullbay a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to the Subscriber Data incorporated within the Resultant Data to do any of the foregoing. As between Subscriber and Fullbay, Fullbay owns all right, title, and interest in the Resultant Data and all intellectual property rights therein belong to and are retained solely by Fullbay. Subscriber acknowledges and agrees that Fullbay may compile Resultant Data based on the Subscriber Data. For purposes of these Terms of Service, “Resultant Data” means data and information related to or derived from Subscriber’s use of the Pitstop Service, the Subscriber Data or Fullbay’s support of the Pitstop Service, in each case that is used by Fullbay in an aggregate and anonymized manner, including without limitation, to compile statistical and performance information related to the provision and operation of the Pitstop Service. Subscriber consents to Fullbay sharing the Subscriber Data with the providers of any third-party services that are integrated with or otherwise available through or in connection with Subscriber’s use of the Pitstop Service as necessary to make such third-party services available to Subscriber.

Subscriber understands that Subscriber or Fullbay may be transmitting data over the Internet, and over various networks, only part of which may be owned and/or operated by Fullbay. Subscriber agrees that Fullbay is not responsible for any portions of Subscriber Data or other data that are lost, altered, intercepted or stored without authorization during the transmission of data over the internet or across networks not owned and/or operated by Fullbay.

Fullbay acknowledges and agrees that all documents provided by Subscriber are the exclusive property of Subscriber. Fullbay is committed to reasonably safeguarding Subscriber’s rights and interests in these documents. Under no circumstances will Fullbay challenge or dispute the authenticity or ownership of such documents, and nothing in these Terms of Service shall be construed to diminish Subscriber’s property rights in these documents. At any point during Subscriber’s subscription term, Subscriber may request a copy of Subscriber’s documents, and Fullbay will provide the same, subject to reasonable fees payable by Subscriber to Fullbay. Upon termination of Subscriber’s subscription, Fullbay will cease to use or disclose any Subscriber documents.

Subscriber agrees that if Subscriber sends or transmits any communications or materials to Fullbay suggesting or recommending changes to the Pitstop Service based on Subscriber’s experiences, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Fullbay is free to use such Feedback without any other limitation or conditions. Subscriber hereby assigns to Fullbay on Subscriber’s behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Fullbay is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Fullbay is not required to use any Feedback.

DISPUTES

Account Ownership Dispute

In the event of a dispute over ownership of Subscriber’s account or user access or permissions associated with Subscriber’s account, including disputes arising from the sale, transfer, or change in ownership of Subscriber’s business, Fullbay will take instruction from Subscriber’s governing body (e.g., board of directors, board of managers, managing member, managing partner) regarding how such dispute should be resolved. If Fullbay, in its sole discretion, is not satisfied that a purported governing body of Subscriber or the instructions of such governing body are legitimate, or if there is uncertainty regarding whether the Pitstop Service and these Terms of Service transfer with a business sale or change in ownership, then Fullbay may, in its sole discretion: (i) terminate Subscriber’s subscription and refund any prepaid subscription amount via a credit back to Subscriber’s original payment method, (ii) suspend Subscriber’s access to the Pitstop Service until such time as Fullbay either receives joint written instructions from all parties involved in the dispute as to how such dispute should be resolved or a court order directing Fullbay as to the actions that Fullbay must take with respect to the dispute, or (iii) require execution of a new service agreement with the appropriate party. All fees will continue to be charged and will be due and payable during such time as Subscriber’s account may be suspended during any such dispute.

To the maximum extent permitted under applicable law, Fullbay disclaims all liability related to or arising from any dispute over ownership of Subscriber’s account or user access or permissions associated with Subscriber’s account. Subscriber agrees to indemnify and hold Fullbay harmless from any claims, damages, or losses resulting from such a dispute.

Customer Dispute; Payments Dispute

Fullbay explicitly disclaims all liability related to any claims, damages or losses associated with any disputes that may arise between Subscriber and its customers or any other third parties with respect to the Pitstop Service. This includes, but is not limited to, disputes concerning payments, services, products, conduct, or any other matter, including payment disputes between Subscriber and its customers. Subscriber agrees to indemnify and hold Fullbay harmless from any claims, damages, or losses resulting from such a dispute.

Subscriber acknowledges and agrees that Fullbay’s role is solely that of a service provider and does not involve mediating, arbitrating, or resolving any disputes between Subscriber and its customers or third parties such as payment processors. Subscriber is solely responsible for managing and resolving any such disputes. Fullbay is not responsible or liable for any decisions made, actions taken, or outcomes of such disputes. Subscriber agrees to indemnify and hold Fullbay harmless from any claims, damages, or losses resulting from such a dispute.

Payment Dispute

Subscriber must promptly notify Fullbay in writing of any dispute regarding the fees owed by Subscriber to Fullbay within 30 days of the applicable charge, including detailed information about the nature of the dispute and the reason for the disagreement. Upon receiving the written dispute notification, Fullbay will investigate the matter internally. Subscriber agrees to cooperate fully with Fullbay during this investigation and to provide any additional information or documentation that Fullbay may request. If Fullbay determines there is an overpayment by Subscriber, Fullbay will issue a credit in the amount of the overage on the next invoice or otherwise issue a refund to Subscriber, as determined in Fullbay’s sole discretion. Subscriber remains responsible for making all payments to Fullbay in a timely manner during any payment dispute.

INDEMNIFICATION

Subscriber agrees to indemnify, defend and hold harmless Fullbay and its parents, subsidiaries and affiliates, along with their respective directors, officers, shareholders, employees, agents, contractors, content providers, service providers and representatives, from any and all claims (whether actual or threatened), demands, obligations, losses, liabilities, settlements and expenses (including without limitation, consequential damages, incidental damages, special damages, disbursements, attorneys’ fees, investigation costs, and costs of defense and collections) arising from or relating to (i) any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action based upon or arising out of the acts or omissions of Subscriber or its users in connection with any use of the Pitstop Service, including use of the Pitstop Services in a manner not authorized by these Terms of Service, use of the Pitstop Services in combination with data, software, hardware, equipment, or technology not provided by Fullbay or authorized by Fullbay in writing, or modifications to the Pitstop Services not made by Fullbay; (ii) the breach of any provision of these Terms of Service; and (iii) any User Content or other content posted or transmitted by any person or entity associated with or authorized by Subscriber (other than Fullbay) through the use of the Pitstop Service.

Fullbay reserves the right, at Subscriber’s expense, to assume the exclusive defense and control of any matter in which Fullbay is or may be entitled to indemnification by Subscriber under this paragraph. In addition, Subscriber will be liable to Fullbay for any costs and attorneys’ fees that Fullbay incurs to successfully establish or enforce its right to indemnification under this paragraph.

NOTICES AND STATEMENTS

Except as otherwise specifically provided in these Terms of Service, all notices and statements may be sent by Fullbay to Subscriber via email or overnight delivery to the email address or delivery address provided by Subscriber to Fullbay when registering for the Pitstop Service. For overnight deliveries, notices and statements will be deemed to be received upon personal delivery. For email deliveries, notices and statements will be deemed to be received upon transmission. Notices to Fullbay may be sent to the following:

Fullbay, Inc.
2 North Central Avenue, Suite 425
Phoenix, AZ 85004
Email: info@fullbay.com

SUBSCRIBER EXPRESSLY CONSENTS TO RECEIVE TELEPHONE CALLS, FAXES AND EMAILS FROM FULLBAY OR ANY OF FULLBAY’S EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES IN ANY WAY ARISING FROM THESE TERMS OF SERVICE OR THE PITSTOP SERVICES.

EXPORT REGULATION

The Pitstop Service is subject to export control and sanctions laws of the United States and may be subject to export or import regulations in other countries. Subscriber shall comply with all applicable export control laws, sanctions, regulations, and rules of the United States and other applicable jurisdictions. Subscriber shall not, directly or indirectly, export, re-export, or transfer the Pitstop Service or any Subscriber Data to any country, entity, or person prohibited by applicable law, including any U.S.-embargoed country or any person on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List or Entity List. Subscriber represents and warrants that Subscriber is not located in, under the control of, or a national or resident of any such prohibited country and is not a prohibited person or entity. Subscriber shall obtain any export license or other governmental approval required for any permitted export or re-export.

DISPUTE RESOLUTION, GOVERNING LAW AND VENUE

These Terms of Service are entered into in the state of Arizona. These Terms of Service and any rights, remedies, or obligations provided for in these Terms of Service shall be construed and enforced in accordance with the laws of the state of Arizona without regard to the conflict provisions thereof. All disputes that in any way arise out of or bear any relationship with these Terms of Service shall be instituted in a state or federal court in Maricopa County, Arizona, and each party hereby submits to the exclusive personal jurisdiction of such courts and waives any defense relating to venue or forum non convenience.

At Fullbay’s sole discretion, Fullbay may require you to submit any disputes arising from these Terms of Service or use of the Pitstop Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUBSCRIBER AGREES THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PITSTOP SERVICE WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS, CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). SUBSCRIBER AGREES TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. SUBSCRIBER EXPRESSLY WAIVES ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT ANY CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. SUBSCRIBER UNDERSTANDS THAT BY AGREEING TO THIS CLASS ACTION WAIVER, SUBSCRIBER MAY ONLY BRING CLAIMS AGAINST FULLBAY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Subscriber will pay Fullbay all costs and expenses, including reasonable attorney’s fees, incurred by Fullbay in enforcing any of the terms, conditions and provisions in these Terms of Service.

GENERAL PROVISIONS

These Terms of Service, together with any forms completed by Subscriber in registering for the Pitstop Service or ordering individual features of the Pitstop Service, constitute a single, integrated, written contract expressing the entire understanding and agreement between and among the parties with respect to the subject matter of these Terms of Service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Neither party has relied on any statement, representation, warranty, or agreement of the other party or of any other person on such party’s behalf, that are not set forth in these Terms of Service. If a court of competent jurisdiction determines that any provision of these Terms of Service is invalid, unenforceable or void for any reason whatsoever, such provision shall be severed from the remaining provisions of these Terms of Service and shall not affect the validity or enforceability of any remaining provisions of these Terms of Service. These Terms of Service may be amended or supplemented by Fullbay in its sole and absolute discretion. Any such amendments or supplements will be effective immediately upon Fullbay’s posting of the same by hyperlink to the login page for the Pitstop Service, which posting shall be deemed reasonable and adequate notice to Subscriber and its users of the amended or supplemented Terms of Service and which posting will bind Subscriber and its users to these Terms of Service as amended or supplemented. Subscriber’s continued use of the Pitstop Service thereafter shall be deemed to be consent to and acceptance of these Terms of Service as amended or supplemented. If you do not agree to any amendment or supplement to these Terms of Service, your sole remedy is to cease using and accessing the Pitstop Service. No waiver of any breach or failure or delay in exercising any right, power or remedy of any provision of these Terms of Service shall constitute a waiver of the same or any other provision hereof with respect to prior, concurrent or subsequent occurrences. No waiver of any provision of these Terms of Service shall be effective unless made in writing and signed by an authorized representative of the party against whom such waiver is sought. Titles and headings are included solely for convenient reference and are not part of these Terms of Service. These Terms of Service shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. Subject to the express exclusions and limitations set forth in these Terms of Service, all remedies set forth in these Terms of Service are cumulative and in addition to and not in lieu of any other remedies of any party at law or in equity. No person or entity is intended to be a third-party beneficiary of any provision of these Terms of Service. The parties represent and warrant that they have full authority to enter into and deliver these Terms of Service and to perform their obligations under these Terms of Service, and that the person who accepts these Terms of Service is duly authorized to enter into these Terms of Service on behalf of the party whom they represent. To the extent Subscriber is a federal, state, or local government entity, the parties acknowledge that certain provisions of these Terms of Service may be modified by a written addendum to the extent necessary to comply with applicable laws, regulations, and procurement requirements governing such government entity.

SCHEDULE A – RULES AND REGULATIONS

These Rules and Regulations (these “Rules”) supplement and form part of the foregoing general Terms of Service. Unless they are defined differently in this Schedule A, all capitalized terms in these Rules have the meanings set forth in the main body of these Terms of Service. The term “Rules” as used in this Schedule A and in the general Terms of Service is deemed to include any use restrictions or guidance set forth in Schedule B in connection with AI-Enabled Pitstop Services.

These Rules are intended to explain the obligations of Subscriber and other users of the Pitstop Service as to their conduct while using the Pitstop Service. Subscriber is responsible for compliance with these Rules by all of Subscriber’s authorized users of the Pitstop Service. Failure of any such user to comply with these Rules is a material breach of these Terms of Service and may result in, among other things, the termination of Subscriber’s access to the Pitstop Service or termination of Subscriber’s subscription to the Pitstop Service.

Restricted Use

Subscriber and its users shall not upload, transmit or post any material, or engage in any other use of the Pitstop Service that: (i) violates, or otherwise promotes, endorses, or assists in violation of, any federal, state, or local or international law, rule or regulation; (ii) disparages, defames or libels any other person or entity, or is otherwise obscene, profane, vulgar, threatening, abusive, or inaccurate, as determined by Fullbay; (iii) infringes or violates the rights of any other person or entity, including without limitation, any intellectual property or privacy rights; (iv) otherwise could impose civil or criminal liability; (v) impersonates or attempts to impersonate Fullbay, a Fullbay employee, another user, or any other person or entity; or (vi) otherwise restricts or inhibits anyone’s use or enjoyment of the Pitstop Service, which, as determined by Fullbay, may harm Fullbay, users of the Pitstop Service, or otherwise exposes Fullbay to liability. Fullbay reserves the right to notify any governmental entity, law enforcement authority, or any other party that it deems appropriate in its sole discretion, of any such activity.

TCPA, CAN-SPAM ETC.

Without limiting the generality of the Restricted Use section above, Subscriber and its users shall at all times comply with the Telephone Consumer Protection Act, the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, the Federal Trade Commission’s Telemarketing Sales Rule, and all other laws, rules and regulations concerning privacy, telemarketing, and Internet marketing when using the Pitstop Service.

Unauthorized Access

Subscriber and its users will not: (i) use any robot, spider, or other automatic device, process, or means to access the Pitstop Service for any purpose, including monitoring or copying any of the material on the Pitstop Service without the prior written consent of Fullbay; (ii) use any device, software, or routine that interferes with the proper working of the Pitstop Service; (iii) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Pitstop Service, the servers on which the Pitstop Service is stored, or any server, computer, or database connected to the Pitstop Service; or (v) use or access the Pitstop Service to collect any market research that may benefit a competing business or be used for any other competitive purposes.

Each of Subscriber and any of its users must register and maintain a valid email address with Fullbay in order to receive system notifications.

Mobile and Tablet Access

Certain features of the Pitstop Service may be accessed through mobile devices and tablets, including through mobile-optimized web interfaces or mobile applications made available by Fullbay (collectively, the “Mobile Service”). The Mobile Service is part of the Pitstop Service and all provisions of these Terms of Service, including these Rules, apply to Subscriber’s and its authorized users’ access to and use of the Mobile Service.

Subscriber shall ensure that its authorized users do not access or use the Mobile Service while operating a motor vehicle or other heavy equipment, or in any manner that could impair the authorized user’s ability to safely perform his or her duties. Subscriber acknowledges and agrees that the safe operation of vehicles and equipment must always take priority over the use of the Mobile Service. Subscriber is solely responsible for establishing and enforcing policies governing the safe use of mobile devices by its authorized users in connection with the Pitstop Service, including compliance with all applicable federal, state, and local laws regarding the use of mobile devices while operating motor vehicles.

Subscriber is solely responsible for obtaining and maintaining compatible mobile devices, operating systems, and data connectivity sufficient to access and use the Mobile Service. Fullbay does not warrant that the Mobile Service will be compatible with all mobile devices, operating systems, or operating system versions, and Fullbay may discontinue support for specific devices, operating systems, or operating system versions at any time. Fullbay shall have no liability for any loss of functionality, data, or access to the Pitstop Service arising from Subscriber’s use of incompatible or unsupported devices or operating systems.

Subscriber acknowledges that the Mobile Service requires an active internet connection (whether cellular or Wi-Fi) and that certain features of the Mobile Service, including real-time alerts, diagnostic notifications, and data synchronization, may be delayed, degraded, or unavailable in areas with limited or no connectivity. Fullbay shall have no liability for any failure to deliver timely notifications or for any data loss, synchronization errors, or interruptions in the Mobile Service caused by inadequate, intermittent, or unavailable network connectivity. Any data entered into the Mobile Service while offline may not be transmitted to the Pitstop Service, and Subscriber bears the risk that such data may be lost or not properly synchronized.

Certain features of the Mobile Service may request or require access to functionality on Subscriber’s or its authorized users’ mobile devices, including but not limited to:

• camera access, for the purposes of scanning work orders, capturing images of vehicle conditions, or recording inspection documentation;
• location services, for the purposes of associating vehicle or inspection data with geographic locations;
• microphone access, for the purposes of voice-to-text transcription of technician notes or other voice-enabled features; and
• push notification services, for the purposes of delivering real-time alerts, maintenance reminders, and other notifications.

Subscriber and its authorized users may manage these permissions through their device settings. However, Subscriber acknowledges that disabling certain permissions may limit or prevent the use of corresponding features of the Mobile Service. Fullbay’s collection and use of data obtained through these device permissions is governed by the Privacy Policy.

Fullbay may from time-to-time release updates to the Mobile Service. Subscriber and its authorized users are responsible for installing updates in a timely manner. Fullbay may require that authorized users install a minimum version of the Mobile Service to continue accessing the Pitstop Service through a mobile device, and Fullbay may discontinue support for older versions of the Mobile Service at any time upon reasonable notice. Fullbay shall have no obligation to maintain backward compatibility with prior versions of the Mobile Service.

Subscriber is responsible for the physical security of all mobile devices used by its authorized users to access the Pitstop Service. Subscriber shall ensure that authorized users take reasonable precautions to prevent unauthorized access to the Pitstop Service through mobile devices, including the use of device-level passwords, biometric locks, or other access controls. Fullbay shall have no liability for unauthorized access to Subscriber’s account or data arising from the loss, theft, or compromise of an authorized user’s mobile device.

To the extent the Mobile Service is made available through a third-party application store (such as the Apple App Store or Google Play Store), Subscriber’s download and use of the Mobile Service is also subject to the terms and conditions of such third-party application store. Subscriber acknowledges that these Terms of Service are between Subscriber and Fullbay only, and not with any third-party application store provider. The third-party application store provider has no obligation to provide maintenance or support services with respect to the Mobile Service. In the event of any failure of the Mobile Service to conform to any applicable warranty, Subscriber’s sole remedy shall be as set forth in the Limited Warranties section of these Terms of Service.

Use and Data Storage

Fullbay may establish and change from time-to-time general practices and limits on the use of the Pitstop Service, the amount of central processing unit (CPU) processing, bandwidth and disk usage, and levels of activity. Fullbay will use commercially reasonable efforts to provide Subscriber with advance notice of these practices and limits to the extent materially affecting Subscriber’s use of the Pitstop Service.

Other Activities

Subscriber or any of its users shall not engage in any other activity that Fullbay determines in its sole discretion may be harmful to other users of the Pitstop Service.

While Fullbay does not routinely pre-screen or monitor the content housed within the Pitstop Service, Subscriber’s website, User Content, or other communications, Fullbay reserves the right, but does not assume any obligation, to determine at its sole discretion what constitutes acceptable content in relation to the Pitstop Service. Fullbay may limit the placement of any content in a database, or any other area linked to the Pitstop Service. Fullbay may use commercially reasonable efforts to remove, alter, or block access to any content deemed offensive, objectionable, or unacceptable, without prior notice. Fullbay reserves the right to determine what constitutes appropriate conduct and usage of the Pitstop Service and may cease to provide or restrict access to any or all of the Pitstop Service to any user at any time, for any reason, without prior notice. Fullbay also reserves the right, without assuming any obligation, to monitor and investigate complaints related to any of the aforementioned matters. Subscriber agrees to grant Fullbay access to Subscriber’s account at any time without notice, and to fully cooperate with Fullbay in providing access and information as may be requested. Subscriber acknowledges that any reservation of rights by Fullbay does not impose any obligation on Fullbay to take any of the aforementioned actions.

SCHEDULE B – ADDITIONAL AI-RELATED TERMS

These additional AI-related terms (“AI Terms”) supplement and form part of the foregoing general Terms of Service. Unless defined differently in this Schedule B, all capitalized terms in these AI Terms have the meanings set forth in the main body of the general Terms of Service.

Fullbay’s offerings now include and will in the future include certain artificial intelligence (AI)-empowered tools made available to subscribers and, in some cases, on a free trial basis (each an “AI-Enabled Pitstop Service” and collectively the “AI-Enabled Pitstop Services”). The foregoing general Terms of Service apply in full to all AI-Enabled Pitstop Services; the following AI Terms are not meant to supersede the foregoing Terms of Service, but instead to describe supplemental terms and restrictions that will apply to AI-Enabled Pitstop Services.

Types of AI-Generated Pitstop Service

The types of AI-Enabled Pitstop Services offered by Fullbay will change over time. Currently, our AI-Enabled Pitstop Services include, but are not limited to:

• predictive maintenance and failure forecasting
• AI-driven fault code diagnosis and prioritization
• sensor data analysis and anomaly detection
• AI agents (including the “Call a Technician” feature)
• automated maintenance scheduling, vehicle health scoring and reporting
• work order scanning and digitization

As and when Fullbay expands its AI-Enabled Pitstop Services it will use commercially reasonable efforts to provide notice to users that such Pitstop Service include or are enabled by AI features. Regardless of whether AI-Enabled Pitstop Services are specifically described in this Schedule, the following AI Terms will apply to them.

Subject to Subscriber’s compliance with these AI Terms, Subscriber may access and use our AI-Enabled Pitstop Services. In using our AI-Enabled Pitstop Services, Subscriber must comply with all applicable laws as well as our Privacy Policy, the Rules, our general Terms and Conditions and any other documentation, guidelines, or policies we make available to Subscriber.

Subscriber Content

Subscriber may provide User Content input to the AI-Enabled Pitstop Services (“Input”), and receive output from the AI-Enabled Pitstop Services based on the Input (“Output”). Input and Output are collectively included in the definition of “User Content.” You are responsible for the User Content, including ensuring that it does not violate any applicable law or the Terms of Service. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our AI-Enabled Pitstop Services.

Ownership. As between Subscriber and Fullbay, to the extent permitted by applicable law, Subscriber will retain its ownership rights in Input and also (subject to the provisions in the next paragraph) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.

Similarity of Content. Due to the nature of our AI-Enabled Pitstop Services and artificial intelligence systems in general, Subscriber’s Output may not be unique and other users may receive similar output from our AI-Enabled Pitstop Services. Our assignment above does not extend to other users’ output or any Third Party Output.

Use. We may use User Content to provide, maintain, develop, and improve our AI-Enabled Pitstop Services, comply with applicable law, enforce our terms and policies, and keep our AI-Enabled Pitstop Services safe. Please review our Privacy Policy under “Artificial Intelligence Pitstop Service” for more details on how we may use data provided by the Subscriber.

Opt-out. If you are a paying subscriber to AI-Enabled Pitstop Services, your subscription constitutes confirmation that you do not wish to opt out of our use of your User Content to train our models. If you are using AI-Enabled Pitstop Services on a free trial or pilot basis and do not want us to use your User Content to train our models, you may opt out by discontinuing use of the AI-Enabled Pitstop Services, at which point we will remove your access to such services. Please note that opting out may limit the ability of our AI-Enabled Pitstop Services to better address your specific use case.

Accuracy of Output

AI and other machine learning systems are new and undergoing rapid development and changes. While Fullbay and its licensors will work to improve the AI-Enabled Pitstop Services to make them more reliable, accurate and useful, given the probabilistic nature of such tools, use of our AI-Enabled Pitstop Services will, in some situations, result in Output that is not accurate or does not reflect real circumstances. When Subscriber and its users access and use our AI-Enabled Pitstop Services, Subscriber understands and agrees:

• Subscriber must not use Output from the AI-Enabled Pitstop Services as the sole basis for determining whether a vehicle is safe to operate, should be placed out of service, or is in compliance with applicable safety regulations. All safety-critical determinations must be independently verified through qualified physical inspection.
• The AI-Enabled Pitstop Services may fail to detect, predict, or alert Subscriber to certain vehicle maintenance issues, mechanical failures, or safety defects. Subscriber must not treat the absence of an alert or prediction as confirmation that a vehicle is safe or properly maintained.
• Output may not always be accurate.
• Subscriber should not rely on Output from our AI-Enabled Pitstop Services as a sole source of truth or factual information, or as a substitute for guidance.
• Subscriber must evaluate Output for accuracy and appropriateness for each use case, including using human review as appropriate, before using or sharing Output from the AI-Enabled Pitstop Services.
• Subscriber must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making a legal or other important decision about them.
• Our AI-Enabled Pitstop Services may provide incomplete, incorrect, or even offensive Output.

Acceptable Uses

The same Rules and restrictions on acceptable uses of the Pitstop Service apply to AI-Enabled Pitstop Services. In addition to those Rules and restrictions, Subscriber and its users must not use or access the AI-Enabled Pitstop Services for any illegal, harmful, or abusive activity, including:

• access or use to abuse, harm, interfere with, or disrupt our AI-Enabled Pitstop Services or systems, for example, by introducing malware, spamming, hacking, or bypassing our systems or protective measures or safety mechanism, jailbreaking, adversarial prompting, or prompt injection;
• attempt to automatically or programmatically extract data or output;
• accessing or using our AI-Enabled Pitstop Services or content in fraudulent or deceptive ways, such as phishing, creating fake accounts or content, including fake reviews, misleading others into thinking that generative AI content was created by a human providing services that appear to originate from you (or someone else) when they actually originate from Fullbay or the Pitstop Service;
• using AI-Enabled Pitstop Services (including the content they provide) to violate anyone’s legal rights, such as intellectual property or privacy rights;
• attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our AI-Enabled Pitstop Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law);
• using automated means to access content from any of our AI-Enabled Pitstop Services in violation of the machine-readable instructions on our web pages (for example, robots.txt files that disallow crawling, training, or other activities); or
• using AI-generated content from our AI-Enabled Pitstop Services to develop machine learning models or related AI technology.

Third Party AI-Enabled Pitstop Services

Fullbay’s AI-Enabled Pitstop Services may include access to third party software, products, or AI-Enabled Pitstop Services (“Third Party AI-Enabled Pitstop Services”) and some parts of our AI-Enabled Pitstop Services, may include output from those AI-Enabled Pitstop Services (“Third Party Output”). Third Party AI-Enabled Pitstop Services and Third Party Output are subject to their own terms, and we are not responsible for them. Please see our Privacy Policy for more information concerning Third Party AI-Enabled Pitstop Services.

Discontinuation of AI-Enabled Pitstop Services

Fullbay may decide to discontinue one or more AI-Enabled Pitstop Services, but if we do, we will give you advance notice and a refund for any prepaid, unused AI-Enabled Pitstop Services.

Trade Controls

Subscriber must comply with all applicable trade laws, including sanctions and export control laws. The AI-Enabled Pitstop Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The AI-Enabled Pitstop Services may not be used for any end use prohibited by applicable trade laws, and Subscriber’s Input may not include material or information that requires a government license for release or export.

Disclaimer of Warranties

OUR AI-ENABLED SERVICES, AND ALL OUTPUT GENERATED FROM THEIR USE, ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE AI-ENABLED SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE AI-ENABLED SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT OR OUTPUT WILL BE SECURE OR NOT LOST OR ALTERED. THE DISCLAIMERS SET FORTH IN THIS SECTION ARE IN ADDITION TO, AND DO NOT LIMIT OR SUPERSEDE, THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THE “DISCLAIMERS AND LIMITATIONS” SECTION OF THE GENERAL TERMS OF SERVICE, ALL OF WHICH APPLY TO THE AI-ENABLED PITSTOP SERVICES.

SUBSCRIBER ACCEPTS AND AGREES THAT ANY USE OF OUTPUTS FROM OUR AI-RELATED SERVICES IS AT SUBSCRIBER’S SOLE RISK AND SUBSCRIBER WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR INFORMED ADVICE.

SCHEDULE C – API TERMS

These Application Programming Interface terms (“API Terms”) supplement and form part of the foregoing general Terms of Service. Unless defined differently in this Schedule C, all capitalized terms in these API Terms have the meanings set forth in the main body of the general Terms of Service.

Fullbay may make available to Subscriber one or more application programming interfaces (“API” or “APIs”) that allow Subscriber to access data from, or integrate third-party applications with, the Pitstop Service. The foregoing general Terms of Service apply in full to all use of the APIs, and the APIs are included in the Pitstop Service for purposes of the general Terms of Service. The following API Terms describe supplemental terms and restrictions that apply specifically to Subscriber’s access to and use of the APIs.

API Credentials and Security

Fullbay may issue API credentials, including API keys, tokens, client IDs, or other authentication credentials (collectively, “API Credentials”) to enable Subscriber to access the APIs. Subscriber is solely responsible for maintaining the confidentiality and security of all API Credentials issued to Subscriber. Subscriber shall not share, publish, distribute, or otherwise disclose API Credentials to any third party, and shall implement appropriate technical and organizational measures to prevent unauthorized access to or use of API Credentials. Subscriber shall immediately notify Fullbay in writing if Subscriber becomes aware of any unauthorized access to, disclosure of, or use of any API Credentials. Any access to or use of the APIs through Subscriber’s API Credentials shall be deemed authorized by Subscriber, and Subscriber shall remain solely liable for all activities conducted using Subscriber’s API Credentials unless Subscriber has provided advance written notice to Fullbay that such API Credentials have been compromised.

Rate Limits and Usage Restrictions

Subscriber’s use of the APIs is subject to rate limits, call quotas, and other usage restrictions as established by Fullbay from time to time and communicated to Subscriber through the API Documentation, the Pitstop Service, or other reasonable means. Fullbay reserves the right to modify rate limits and usage restrictions at any time. Subscriber shall not attempt to circumvent, bypass, or exceed any applicable rate limits or usage restrictions, including by using multiple API Credentials, rotating credentials, or distributing API calls across multiple accounts or IP addresses to avoid rate limiting. Subscriber shall design and implement its API integrations to gracefully handle rate limit responses and to comply with any retry guidance provided by Fullbay.

Prohibited Uses

In addition to the restrictions set forth in the Rules (Schedule A) and elsewhere in these Terms of Service, Subscriber shall not use the APIs to: (i) develop, maintain, enhance, support, or operate any product or service that competes with the Pitstop Service or any other product or service offered by Fullbay; (ii) replicate or replace the core functionality of the Pitstop Service; (iii) resell, sublicense, or redistribute access to the APIs or any data obtained through the APIs to any third party; (iv) access the APIs for the purpose of monitoring availability, performance, or functionality, or for any other benchmarking or competitive purposes; (v) use any data obtained through the APIs to create or contribute to any database, dataset, or data repository that is made available to third parties; or (vi) use the APIs in any manner that places excessive load on Fullbay’s systems or that could damage, disable, overburden, or impair the Pitstop Service or the APIs.

Subscriber shall not: (i) copy, modify, or create derivative works of the APIs, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the APIs, in whole or in part; (iii) remove any proprietary notices from the APIs or API Documentation; (iv) combine or integrate the APIs with any software, technology, services, or materials not authorized by Fullbay; (v) permit any applications using the APIs to disable, override, or otherwise interfere with any Fullbay-implemented communications to end users, consent screens, user settings, alerts, warnings, or the like; (vi) use the APIs in any applications to replicate or attempt to replace the user experience of the Pitstop Service; or (vii) attempt to cloak or conceal Subscriber’s identity or the identity of any applications when requesting authorization to use the APIs.

Subscriber Applications

To the extent Subscriber develops any applications that interact with the APIs (“Subscriber Applications”), Subscriber agrees to monitor the use of such Subscriber Applications for any activity that violates applicable laws, rules, and regulations or any terms and conditions of the Terms of Service, including any fraudulent, inappropriate, or potentially harmful behavior, and to promptly restrict any offending users of Subscriber Applications from further use. As between Subscriber and Fullbay, Subscriber is responsible for all acts and omissions of its end users in connection with Subscriber Applications and their use of the APIs. Subscriber is solely responsible for posting any privacy notices and obtaining any consents from end users required under applicable laws for their use of Subscriber Applications.

Throttling and Suspension

Fullbay reserves the right, in its sole discretion and without prior notice or liability, to throttle, rate-limit, suspend, or terminate Subscriber’s access to the APIs, in whole or in part, if Fullbay determines that: (i) Subscriber has violated any provision of these API Terms or the Terms of Service; (ii) Subscriber’s use of the APIs poses a security risk to Fullbay, the Pitstop Service, or any third party; (iii) Subscriber’s use of the APIs is placing excessive load on Fullbay’s systems or is otherwise adversely affecting the performance or availability of the Pitstop Service; (iv) Subscriber’s use of the APIs may subject Fullbay to legal liability; or (v) continued provision of API access to Subscriber is not commercially viable. Fullbay will use commercially reasonable efforts to notify Subscriber of any extended suspension or termination of API access, but failure to provide such notice shall not affect Fullbay’s right to take such action.

Changes to APIs; No Service Level Commitment

THE APIs ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FULLBAY RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO MODIFY, UPDATE, DEPRECATE, OR DISCONTINUE THE APIs OR ANY FEATURES, FUNCTIONALITY, OR ENDPOINTS THEREOF AT ANY TIME. FULLBAY DOES NOT GUARANTEE ANY LEVEL OF AVAILABILITY, UPTIME, OR PERFORMANCE FOR THE APIs AND MAKES NO COMMITMENT TO MAINTAIN BACKWARD COMPATIBILITY WITH PRIOR VERSIONS OF THE APIs. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ENSURING THAT ITS API INTEGRATIONS REMAIN COMPATIBLE WITH THE CURRENT VERSION OF THE APIs AND FOR MONITORING ANY CHANGES TO THE APIs. FULLBAY SHALL HAVE NO LIABILITY FOR ANY DISRUPTION, DEGRADATION, OR FAILURE OF SUBSCRIBER’S INTEGRATIONS RESULTING FROM CHANGES TO THE APIs.

API Documentation

Fullbay may make available documentation describing the APIs, including technical specifications, usage guidelines, and other materials (the “API Documentation”). Subscriber shall comply with the API Documentation in its use of the APIs. In the event of any conflict between these API Terms and the API Documentation, these API Terms shall control. Fullbay may update the API Documentation from time to time, and Subscriber is responsible for reviewing the API Documentation periodically for any changes.

Fees

Subscriber’s access to and use of the APIs is currently included as part of Subscriber’s subscription to the Pitstop Service at no additional charge. Notwithstanding the foregoing, Fullbay reserves the right to start charging for access to and use of the APIs at any time upon reasonable prior notice to Subscriber.

Intellectual Property Safeguards

Subscriber will use commercially reasonable efforts to safeguard the APIs (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Subscriber will promptly notify Fullbay in writing if Subscriber becomes aware of any infringement of any intellectual property rights in the APIs and will fully cooperate with Fullbay in any legal action taken by Fullbay to enforce its intellectual property rights.

Feedback

If Subscriber or any of Subscriber’s employees, contractors, or agents sends or transmits any communications or materials to Fullbay suggesting or recommending changes to the APIs, including without limitation new features or functionality relating thereto, or any comments, questions, or suggestions (“API Feedback”), all such API Feedback is and will be treated as non-confidential. Subscriber hereby assigns to Fullbay on Subscriber’s behalf, and on behalf of Subscriber’s employees, contractors, and agents, all right, title, and interest in, and Fullbay is free to use, without any attribution or compensation to Subscriber or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the API Feedback, for any purpose whatsoever, although Fullbay is not required to use any API Feedback.

Disclaimer of Warranties

EXCEPT TO THE EXTENT PROHIBITED BY LAW, FULLBAY AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE APIs, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. FULLBAY DOES NOT WARRANT THAT THE APIs WILL BE UNINTERRUPTED, ACCURATE, SECURE, OR ERROR FREE, OR THAT ANY DATA OBTAINED THROUGH THE APIs WILL BE ACCURATE, COMPLETE, OR CURRENT. THE DISCLAIMERS SET FORTH IN THIS SECTION ARE IN ADDITION TO, AND DO NOT LIMIT OR SUPERSEDE, THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THE “DISCLAIMERS AND LIMITATIONS” SECTION OF THE GENERAL TERMS OF SERVICE, ALL OF WHICH APPLY TO THE APIs.