TotalBay Terms of Service

TotalBay is the shop software at www.fixmycarmike.pro. These Terms are an agreement between Fastbay Automotive (TotalBay) ("we", "us") and the repair shop business that signs up for TotalBay ("you", "the Shop"). By checking "I agree" at signup or using TotalBay, the person signing up confirms they can bind the Shop to these Terms.

1. The service

TotalBay is web-based shop management software for independent auto repair shops: check-in, work orders, estimates, invoices, scheduling, customer messaging, and optional add-ons (such as phone answering with parts-order calls, and marketing drafts). Features may change over time; we will not remove a core feature you pay for without notice.

2. Month to month — cancel anytime

3. Your data is yours

4. AI features — staff must review

TotalBay uses AI to help with things like photo analysis, part identification, draft estimates, diagnostic suggestions, spec lookups, and phone conversations. AI output can be wrong. The Shop is responsible for reviewing every estimate, price, diagnosis, spec, and AI suggestion before it is sent to a customer or acted on. TotalBay does not perform repairs and is not a repair manual. Torque, fluid, and safety specs must be confirmed against the Shop's own repair information.

5. Phone answering and parts-order calls

When the Shop turns on phone answering, an AI assistant answers calls for the Shop and identifies itself as an automated assistant. Parts-order calls are placed to parts stores the Shop configures, on the Shop's behalf, and the assistant identifies itself as automated. Calls to parts stores may be recorded for the Shop's records. The Shop is responsible for any call-recording notices required where it operates, for the accuracy of orders, and for confirming totals and parts with the store. Parts-order calls are included in the Phone answering add-on up to a monthly cap shown in the app.

6. Texting, email, and consent (TCPA)

The Shop is the sender of its texts and emails to its customers and is responsible for having the consent the law requires (including under the Telephone Consumer Protection Act and carrier rules) and for honoring opt-outs. TotalBay provides consent checkboxes and STOP handling, and does not text imported customers automatically, but the Shop decides who it contacts. Marketing messages require the customer's opt-in.

7. Payments to the Shop

Customer payments go through the Shop's own payment processor account (for example Stripe or Clover) under that processor's terms. We are not a party to those payments, do not hold customer funds, and are not responsible for processor fees, chargebacks, or refunds, though TotalBay may let you start refunds through your processor.

8. Third-party services

Some features connect to services the Shop subscribes to separately (for example parts catalogs, repair information, or payment processors). Those services are governed by their own terms. If a third-party service changes or stops, the related TotalBay feature may change or stop.

9. Acceptable use

You will not: use TotalBay for unlawful purposes or spam; send messages without required consent; upload malware; try to access other shops' data or break security; resell or copy the software; or use it to harass anyone. You are responsible for your staff's accounts and for keeping passwords and PINs private. We may suspend accounts that violate this section.

10. Availability and support

We work to keep TotalBay available and backed up, but we do not guarantee uninterrupted service. Support: [email protected] · (864) 332-7145.

11. Warranty disclaimer

TotalBay is provided "as is" and "as available". To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of liability

To the extent the law allows: (a) we are not liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, or data; and (b) our total liability for any claim relating to TotalBay is limited to the fees the Shop paid us in the 3 months before the claim. Nothing limits liability that cannot be limited by law.

13. Indemnity

The Shop will defend and indemnify us against third-party claims arising from the Shop's repairs, its messages to customers (including consent), its use of AI output without review, or its violation of these Terms.

14. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in the app. Continuing to use TotalBay after the change takes effect means you accept it; if you don't, you can cancel.

15. Governing law

These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-law rules. Courts located in that state have exclusive jurisdiction.

16. Contact

Fastbay Automotive (TotalBay) · 315 Brown Rd, Pendleton, SC 29670 · [email protected] · (864) 332-7145 · www.fixmycarmike.pro

See also: Privacy Policy · Data Processing note.