Terms of Service
Contents
- Introduction
- Definitions
- Your agreement
- The service
- Account registration and access
- Credits, fees and payment
- Your obligations as a user
- Our obligations
- Personal information and POPIA
- Decision support — not a credit decision
- Intellectual property
- Confidentiality
- Warranties and disclaimers
- Limitation of liability
- Indemnity
- Suspension
- Termination
- Force majeure
- Changes to these Terms
- Governing law and jurisdiction
- Notices
- General
- Contact
1. Introduction
These Terms of Service ("Terms") form a binding agreement between FAST Software (Pty) Ltd, a private company incorporated in the Republic of South Africa ("FAST", "we", "us", "our"), and the dealership entity that registers for and uses the FAST platform (the "Customer" or "you"). Where an individual registers on behalf of a dealership, that individual warrants that they are duly authorised to bind the dealership to these Terms.
These Terms should be read together with our Privacy Policy, which forms part of this agreement.
2. Definitions
- "Account" means the dealership-level account created on the FAST platform, including any user accounts created under it.
- "Application" means the FAST web application made available at fastapp.co.za and any related interfaces, APIs and documentation.
- "Credit" means a unit of platform usage. Credits are pre-paid and consumed when chargeable actions are performed on the platform.
- "Customer Data" means all data uploaded to, or generated within, the platform by or on behalf of the Customer, including documents uploaded for pre-qualification and any structured outputs produced from them.
- "FNI" means a Finance & Insurance professional, business manager, dealer principal or other authorised user of the platform employed by, or acting for, the Customer.
- "POPIA" means the Protection of Personal Information Act 4 of 2013.
- "Service" means the FAST platform and any related services provided by us to the Customer under these Terms.
3. Your agreement
By clicking to accept these Terms during signup, by purchasing Credits, or by using the platform, you agree to be bound by these Terms. If you do not agree, you must not use the platform.
4. The service
FAST is an automated pre-qualification and deal-structuring engine for South African vehicle finance. The platform ingests documents (typically bank statements, payslips, the signed finance application and any settlement letter) and produces structured outputs to assist the Customer's FNIs in preparing a vehicle finance application for submission to financial institutions. The Service is made available on a "software as a service" basis through the Application.
We may, from time to time, update the platform, add features, remove features, change limits and adjust how engines compute their outputs. We will use reasonable efforts to ensure that material changes do not degrade the Customer's experience.
5. Account registration and access
5.1 Dealership account
Use of the Service requires a dealership account. A dealer group may operate a single account spanning multiple dealerships, with credit pooled at the group or dealership level as the Customer chooses.
5.2 User accounts
The Customer is responsible for creating user accounts for each FNI or administrator who needs access to the platform, for assigning appropriate roles, and for promptly disabling accounts of users who leave its employ or no longer require access.
5.3 Credentials
Login credentials are personal to each user and must not be shared. The Customer is responsible for all activity carried out under user accounts on its dealership. The Customer must notify us immediately at accounts@fastapp.co.za if it suspects unauthorised access.
5.4 Eligibility
The Service is intended for use by South African motor dealerships and their authorised FNIs. The Customer warrants that it is properly licensed, registered and authorised to carry on its business and to use the Service in connection with that business — including, where applicable, registration with the National Credit Regulator.
6. Credits, fees and payment
6.1 Credit-based pricing
The Service is provided on a credit-based pricing model. Each chargeable action consumes a fixed number of Credits from the Customer's balance. The standard schedule is published on our website and within the platform. At the date of these Terms, indicative pricing is:
- 175 Credits per new pre-qualification underwrite (full pipeline);
- 50 Credits per re-run or amendment to an existing underwrite;
- 50 Credits per post-podium recalculation;
- Credits are sold at R1.00 per Credit, exclusive of VAT, with volume discounts available above 10,000 Credits.
Viewing historical deals, capturing bank outcomes, generating reports and administrative actions are not Credit-consuming, unless otherwise notified.
6.2 Top-up and balance
Credits are purchased in advance and added to the Customer's balance. Once the balance falls below the level required for a chargeable action, that action will not proceed until additional Credits are purchased. We will provide reasonable notice when a Customer's balance is running low.
6.3 Payment
Credits are payable on issue of an invoice and on the terms set out on that invoice. Unless otherwise agreed in writing, payment is due before Credits are activated on the Customer's balance. All amounts are stated exclusive of VAT, which will be added at the applicable rate.
6.4 Refunds and expiry
Credits are non-refundable except where required by law. Credits do not expire while the Account is in good standing, but unused Credits may be cancelled on termination of the Account in accordance with section 17.
6.5 Price changes
We may revise the per-Credit price, the Credit cost of any action, or other charges. Where the change is materially adverse to the Customer, we will give the Customer no less than thirty (30) days' notice before the change takes effect. Credits already on the Customer's balance at the time of a price change will not be revalued, but their Credit cost per action may change in accordance with the new schedule.
7. Your obligations as a user
You agree that you will:
- only upload personal information to FAST where you have a lawful basis to process that information for the purposes of vehicle finance pre-qualification and submission, and where the customer concerned has been informed of (or has consented to) the use of automated tooling for that purpose;
- upload only documents that have been lawfully obtained from the data subject for that purpose;
- use the platform in accordance with all applicable law, including POPIA, the National Credit Act, the Financial Intelligence Centre Act and any conduct or licensing rules that apply to your business;
- not use the platform to process information about persons other than vehicle finance applicants in the ordinary course of your dealership business;
- not attempt to reverse-engineer, decompile, disassemble or otherwise derive the underlying algorithms, models or source code of the platform;
- not attempt to circumvent access controls, the Credit metering system, rate limits, or the segregation between dealerships;
- not introduce malicious code, attempt to disrupt the platform, or use the platform to harvest or scrape information at scale;
- not resell, sub-licence, or otherwise make the platform available to any third party outside your dealership group;
- ensure that all information you provide to us (including dealership details, billing information and user details) is accurate and kept up to date;
- be responsible for the acts and omissions of every user you create on the Account, as if they were your own.
8. Our obligations
We will use commercially reasonable efforts to:
- make the platform available on a continuous basis, subject to scheduled maintenance and matters outside our reasonable control;
- process Customer Data in accordance with the Privacy Policy and POPIA;
- maintain appropriate technical and organisational security measures as described in the Privacy Policy;
- provide reasonable customer support during ordinary business hours by email at accounts@fastapp.co.za.
9. Personal information and POPIA
The parties acknowledge that, when we process Customer Data on the Customer's instructions, we do so as an "operator" under POPIA and the Customer is the "responsible party". The Customer warrants that:
- it has all necessary rights, lawful bases and (where required) consents to upload personal information to FAST and to instruct us to process that information for the purposes of pre-qualification and deal structuring;
- it has provided the data subjects with the disclosures required by POPIA, including the fact that automated processing may be used as part of the pre-qualification process;
- it will respond to requests from data subjects in respect of their personal information, with our reasonable assistance.
We will:
- process Customer Data only on the Customer's documented instructions and as set out in these Terms and the Privacy Policy;
- impose confidentiality obligations on persons authorised to process Customer Data;
- maintain appropriate security safeguards;
- notify the Customer without undue delay if we become aware of a security compromise affecting Customer Data;
- provide reasonable assistance to the Customer in fulfilling its obligations under POPIA, including in responding to data subject requests and in any required impact assessments.
10. Decision support — not a credit decision
The outputs of FAST — including affordability assessments, recommended deal structures, equity loads, risk bands, profile notes and any other engine outputs — are provided as decision-support information for the Customer's FNIs. They are not a credit decision, not a recommendation of credit, and do not constitute advice as contemplated in the Financial Advisory and Intermediary Services Act.
The decision whether to extend credit to any vehicle finance applicant rests entirely with the financial institution to which the application is submitted. The Customer remains solely responsible for its own underwriting, sales and advisory conduct, and for complying with the National Credit Act and any other applicable law.
We do not guarantee that any application structured using FAST will be approved, will be approved on any particular terms, or will result in any particular commission, incentive or other commercial outcome for the Customer.
11. Intellectual property
The FAST platform, including its software, algorithms, models, designs, documentation and trademarks, is and remains our property (or that of our licensors). Except for the limited right to use the Service in accordance with these Terms, no rights in or to the platform are granted to the Customer.
The Customer retains ownership of all Customer Data that it uploads. The Customer grants us a non-exclusive, royalty-free licence to host, copy, process, display and otherwise use Customer Data to the extent necessary to provide the Service, to comply with our legal obligations, and to improve the platform on a de-identified or aggregated basis.
12. Confidentiality
Each party will treat as confidential any non-public information disclosed by the other party in connection with these Terms, and will use that information only for the purpose of performing this agreement. This obligation does not apply to information that is or becomes publicly known otherwise than through breach of these Terms, is independently developed without reference to the disclosing party's information, or is required to be disclosed by law.
13. Warranties and disclaimers
Each party warrants that it has the legal capacity and authority to enter into these Terms.
Save as expressly set out in these Terms, and to the maximum extent permitted by law, the Service is provided "as is" and we exclude all other representations, warranties and conditions, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness or non-infringement.
We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the outputs of the engines will be free from inaccuracy in every individual case. The Customer remains responsible for reviewing and exercising professional judgement over every structured deal before it is submitted to a financial institution.
14. Limitation of liability
To the maximum extent permitted by law:
- neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, loss of revenue, loss of goodwill, loss of dealer incentive commission, loss of business opportunity, loss of anticipated savings, or loss or corruption of data, in each case howsoever arising, even if the party has been advised of the possibility of such damages;
- our total aggregate liability to the Customer arising out of or in connection with these Terms, whether in contract, delict (including negligence), under statute or otherwise, will not exceed the total amount paid by the Customer to us in the twelve (12) months preceding the event giving rise to the liability.
Nothing in these Terms excludes or limits a party's liability for fraud or fraudulent misrepresentation, for any liability that cannot be excluded or limited as a matter of law, or for the indemnities expressly set out in these Terms.
15. Indemnity
The Customer indemnifies and holds us harmless from and against any claim, loss, liability, cost or expense (including reasonable legal costs) suffered or incurred by us arising out of or in connection with: (i) the Customer's breach of these Terms; (ii) the Customer's breach of any law, including POPIA and the National Credit Act, in connection with its use of the Service; or (iii) any claim by a third party (including a data subject) that the Customer's upload, use or disclosure of personal information in or through FAST was unlawful.
16. Suspension
We may suspend the Customer's access to the Service, in whole or in part, on reasonable notice (or, in cases of urgency, immediately) if:
- the Customer fails to pay any amount due and has not remedied that failure within seven (7) days of being notified;
- we reasonably believe that the Customer or any of its users is using the Service in breach of these Terms, in breach of applicable law, or in a manner that poses a security or stability risk to the platform or to other users;
- we are required to do so by law or pursuant to a valid order from a regulator or court.
17. Termination
Either party may terminate these Terms on thirty (30) days' written notice to the other.
Either party may terminate these Terms with immediate effect by written notice if the other party commits a material breach which is not capable of being remedied, or, if it is capable of being remedied, is not remedied within fourteen (14) days of being notified.
On termination: (i) the Customer's right to access the Service ends; (ii) unused Credits are forfeited unless we agree otherwise in writing; (iii) we will, on the Customer's reasonable request made within thirty (30) days of termination, provide a reasonable export of Customer Data, after which we may delete it (subject to any legal-hold obligation); and (iv) any provisions which by their nature should survive termination (including sections 11, 12, 14, 15, 20 and 22) will survive.
18. Force majeure
Neither party will be liable for any delay or failure to perform an obligation under these Terms to the extent caused by an event beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, failure of public infrastructure or failure of upstream service providers.
19. Changes to these Terms
We may update these Terms from time to time. Where a change is material and adverse to the Customer, we will give no less than thirty (30) days' notice before the change takes effect. The Customer's continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.
20. Governing law and jurisdiction
These Terms are governed by the laws of the Republic of South Africa. The parties consent to the non-exclusive jurisdiction of the South African courts for any dispute arising out of or in connection with these Terms, without prejudice to either party's right to seek urgent or interim relief in any court of competent jurisdiction.
21. Notices
Notices to us must be sent by email to accounts@fastapp.co.za. Notices to the Customer will be sent to the billing email address on the Account. A notice is deemed received on the next business day after sending, unless evidence to the contrary is provided.
22. General
- Entire agreement. These Terms, together with the Privacy Policy and any order form or pricing schedule expressly agreed in writing, constitute the entire agreement between the parties in respect of the Service.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force.
- No waiver. A failure or delay by either party in exercising any right does not constitute a waiver of that right.
- Assignment. The Customer may not assign or transfer its rights under these Terms without our prior written consent. We may assign these Terms to an affiliate or successor in the ordinary course of our business.
- Independent parties. Nothing in these Terms creates a partnership, joint venture or agency between the parties.
- No third-party rights. A person who is not a party to these Terms has no right to enforce any of its terms.
23. Contact
FAST Software (Pty) Ltd
Republic of South Africa
Email: accounts@fastapp.co.za