Moibay Terms of Service

Effective: 2026-10-24

These Terms are written to be read. The short version: Moibay is a business tool, you own your shop's data, you are responsible for how you use it and what you send to your customers, and our liability is limited. Please read them in full.

1. Acceptance

By creating an account, signing in, or using Moibay (the "Service"), you agree to these Terms of Service ("Terms") and our Privacy Policy.

The Service is for business use only. If you accept these Terms on behalf of a business (the "Shop"), you confirm that you are at least 18 years old and have authority to bind that business, and "you" means the Shop. Staff users you invite also agree to these Terms when they sign in.

2. Who we are

Moibay is a software-as-a-service platform for independent auto repair, tire, fleet and detailing shops to manage work orders, estimates, inspections, invoices, payments, customers, vehicles, scheduling and related operations.

The Service is operated by Moisei Smolianski (sole proprietor, Ontario, Canada), referred to in these Terms as "Moibay", "we" or "us".

3. Accounts and access

You are responsible for keeping sign-in credentials and PIN codes confidential, for the staff users you invite and the permissions you give them, and for all activity under your Shop account. Tell us at [email protected] right away if you believe an account has been compromised.

We may sign users out, reset sessions, require a password change or temporarily restrict access when we believe it is needed to protect an account or the Service.

4. Plans, trials and billing

Free plan. Some features, such as inspections in the Moibay mobile app, may be offered free of charge. We may change or end free features at any time.

Free trial. New Shops may start a 30-day free trial of the full plan without a payment method. To keep using the full plan after the trial, you add a payment method before the trial ends. If you do not, the trial ends and paid features stop.

Subscriptions. Paid subscriptions are billed through Stripe, Inc. monthly or annually, as shown at checkout. By subscribing you authorize us, through Stripe, to charge the payment method on file at the start of each billing period until you cancel. Annual plans are charged in full at the start of each year. The price, billing period and amount are shown before you confirm.

Taxes. Prices exclude applicable taxes unless stated otherwise. You are responsible for taxes on your subscription other than taxes on our income.

Price changes. We may change subscription prices. We will give you at least 30 days' notice by email before a new price applies to your next renewal.

Renewal reminders. As a courtesy we may email reminders before charges. Not receiving a reminder does not affect a renewal charge.

Cancellation. You may cancel at any time from your billing settings. Cancellation stops future renewals and takes effect at the end of the current paid period. You keep access until then.

Refunds. Fees are non-refundable, including for partial periods and unused time, except where a refund is required by law.

Failed payments. If a charge fails, we may retry it and may suspend paid features until payment succeeds.

5. Your data

You own your data. The Shop owns the data it enters into the Service, including customer, vehicle, work order and invoice records ("Shop Data"). You give us permission to host, copy, process and display Shop Data only as needed to operate, secure, support and improve the Service and as described in the Privacy Policy. We do not sell Shop Data.

Your responsibilities. You are responsible for Shop Data and for having a lawful basis to collect and use it, including any notices and consents your customers are owed under privacy law. You are responsible for its accuracy.

Keep your own copies. We back up the Service, but backups exist to restore the Service, not to replace your own records. You can export your data from Settings, and you should keep copies of records you are required to keep, such as tax and invoice records.

6. Messages you send through Moibay

Estimates, invoices, receipts, statements, reminders, review requests, appointment messages and other texts or emails you send to your customers through the Service are sent on your behalf and at your direction. You are the sender of those messages.

You are responsible for their content and for having the consent required by anti-spam and messaging laws, including Canada's Anti-Spam Legislation (CASL) and, for messages to people in the United States, the Telephone Consumer Protection Act (TCPA). You must honour opt-out requests. Automatic features, such as scheduled statements and reminders, run only when you turn them on, and you are responsible for the settings you choose.

We may limit, pause or block messages that we believe are unlawful, unwanted or harmful to our sending reputation.

7. Payments to your Shop

Card and other payments your customers make to you are processed by third-party payment processors you connect, such as Stripe, Square, Clover or Elavon. Moibay is not a payment processor, bank or money transmitter, and never holds your funds. Your relationship with each processor is governed by its own terms. We are not responsible for a processor's decisions, fees, holds, refunds, disputes, chargebacks or payouts.

8. Third-party services

The Service relies on and connects to services run by other companies, including hosting, storage, email, text messaging, payment, accounting (such as QuickBooks), mapping, vehicle data and AI providers. These providers operate under their own terms and security practices. We choose them with care, but we do not control them and are not responsible for their acts, omissions, outages or security incidents. When you connect a third-party account, you authorize us to exchange data with it on your behalf.

9. Security

We use reasonable administrative, technical and physical safeguards designed to protect Shop Data, including encryption in transit, access controls and regular backups. No system or provider is perfectly secure, and we cannot guarantee that Shop Data will never be accessed, disclosed, altered or lost through events outside our reasonable control.

If we learn of a security incident affecting Shop Data, we will take reasonable steps to contain it and will notify affected Shops and authorities as required by applicable law. You are responsible for securing your own devices, networks, email accounts and credentials, and for promptly telling us about any suspected unauthorized access.

10. Automated and AI features

Some features use automation or artificial intelligence, such as Moibay IQ, VIN decoding, suggested labour times, parts and markup calculations, tax calculations and report summaries. These outputs may be incomplete or wrong. They are tools to help you, not professional, legal, tax or mechanical advice. You are responsible for checking them and for the prices you charge, the taxes you collect, the repairs you perform and the documents you give your customers.

11. Acceptable use

You agree not to:

We may suspend or end access for any violation of this section.

12. Service availability and changes

We aim for high availability but do not guarantee uptime. Maintenance, infrastructure incidents and third-party outages may interrupt the Service. We will use reasonable efforts to restore service promptly.

We may add, change or remove features. If we remove a core feature of a paid plan you rely on, you may cancel and we will refund the unused part of a prepaid annual period.

13. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(A) MOIBAY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID MOIBAY IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR CAD $100.

(B) MOIBAY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OR DATA, OR THE COST OF REPLACEMENT SERVICES, EVEN IF ADVISED THAT THEY WERE POSSIBLE.

(C) MOIBAY WILL NOT BE LIABLE FOR LOSSES CAUSED BY THIRD-PARTY SERVICES, SECURITY INCIDENTS AT THIRD-PARTY PROVIDERS, UNAUTHORIZED ACCESS RESULTING FROM YOUR CREDENTIALS OR DEVICES, OR EVENTS BEYOND OUR REASONABLE CONTROL.

These limits apply even if a remedy fails of its essential purpose, and they are an essential part of the price we charge. Nothing in these Terms limits liability that cannot be limited by law.

15. Indemnity

You will defend and indemnify Moibay against third-party claims, and related losses and reasonable legal costs, arising from Shop Data, messages you send through the Service, the work and services you provide to your customers, your use of the Service in breach of these Terms, or your violation of law.

16. Time limit for claims

To the extent permitted by law, any claim relating to the Service must be started within one year after the facts giving rise to it occurred or should reasonably have been discovered. After that, the claim is permanently barred.

17. Termination

You may close your account at any time from your settings or by emailing us. We may suspend or end accounts that breach these Terms, are unpaid, have been inactive for over 12 months, or where required by law.

After an account ends, we keep data as described in the Privacy Policy, then delete it from active systems. Backup copies are removed on our normal backup schedule. Ask us before closing if you want an export.

Sections 5, 6, 7, 8, 13, 14, 15, 16, 19 and any unpaid fees survive termination.

18. Changes to these Terms

We may update these Terms. For material changes we will ask you to accept the updated Terms when you next sign in, or give you notice by email. Continuing to use the Service after accepting or after the notice period means you agree to the updated Terms.

19. General

Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The courts located in Waterloo Region, Ontario have exclusive jurisdiction, and you agree to their jurisdiction.

Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages or security incidents at providers, internet or power failures, labour disputes, natural disasters, pandemics, war or acts of government.

Assignment. You may not transfer these Terms without our written consent. We may transfer these Terms, including to a corporation that takes over the Service, as part of a reorganization, merger or sale.

Whole agreement. These Terms and the Privacy Policy are the entire agreement between you and Moibay about the Service and replace earlier versions.

Severability and waiver. If any part of these Terms is found unenforceable, it will be limited to the minimum extent needed and the rest stays in effect. Not enforcing a part of these Terms is not a waiver of it.

Notices. We may send notices to the email address on your account. You may send notices to [email protected].

20. Contact

Questions: [email protected]