Moibay Terms of Service

Effective: 2026-07-22

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. You must be at least 18 years old to use the Service.

2. What Moibay is

Moibay is a software-as-a-service platform for independent auto-repair shops to manage work orders, invoices, payments, customers, vehicles, and related operations. The Service is operated by Moisei Smolianski (sole proprietor, Ontario, Canada).

3. Accounts

You are responsible for keeping your sign-in credentials and PIN codes confidential. You are responsible for all activity that occurs under your shop account, including invitations you issue to staff users. Notify us at [email protected] immediately if you believe an account has been compromised.

4. Subscription and billing

Free trial. New shops start with a 30-day free trial. You provide a payment method at checkout, and your first charge occurs automatically at the end of the trial unless you cancel before the trial ends.

Automatic renewal. Paid subscriptions renew automatically through Stripe, Inc. on the billing cycle you select at checkout (monthly, 6-month, or annual). By subscribing you authorize us, via Stripe, to charge the payment method on file the applicable subscription fee at the start of each billing period until you cancel. The price, billing cycle, first-charge date, and amount are shown to you on the checkout screen before you confirm, and your agreement to this cancellation and refund policy is a condition of subscribing.

Renewal reminders. As a courtesy we email a reminder to the shop's admin address before the first charge following your trial and before each recurring renewal. Keeping a valid billing email on file is your responsibility. Non-receipt of a reminder does not affect the validity of a renewal charge.

Cancellation. You may cancel at any time from your account billing settings. Cancellation stops future renewals; it takes effect at the end of the current paid period, and you keep access until then. To avoid the next charge, cancel before the renewal date shown in your account.

Refunds. Subscription fees are non-refundable, including for partial periods and for periods during which you did not actively use the Service, except where a refund is required by applicable law. Because you keep access through the end of any period you have paid for, we do not prorate or refund on cancellation.

Failed payments. If a renewal charge fails, we may retry the charge and may suspend access until payment succeeds.

5. Customer data

The shop owner ("Shop") owns all data they enter into the Service, including their own customer records, vehicle records, and invoice content. Moibay processes this data on the Shop's behalf solely to operate the Service. We do not sell Shop data to third parties.

6. Acceptable use

You agree not to:

• Use the Service for any purpose that is illegal under Canadian or applicable foreign law.
• Reverse engineer, decompile, or attempt to extract source code from the Service.
• Probe, scan, or otherwise test the security of the Service without prior written authorization.
• Use customer portal links to harass third parties or send unsolicited bulk communications.
• Resell, sublicense, or white-label the Service without a separate written agreement.

We may suspend or terminate accounts that violate this section.

7. Service availability

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

8. Disclaimers and limitation of liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, MOIBAY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID MOIBAY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) CAD $100.

MOIBAY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA.

9. Termination

You may close your account at any time from the billing settings or by emailing us. We may terminate accounts that violate these Terms, are inactive for over 12 months, or where required by law.

After termination we may retain account data for up to 30 days for billing reconciliation and legal compliance, after which it will be deleted from our active systems. Backup retention may be longer.

10. Changes to these Terms

We may update these Terms. Material changes will require you to re-accept the updated Terms on next sign-in. Continued use after acceptance constitutes agreement.

11. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. Exclusive jurisdiction for disputes lies in the courts located in Waterloo Region, Ontario.

12. Contact

Questions: [email protected]