Last updated: November 12, 2021
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND INCLUDE A LIMITATION ON THE TIME PERIOD DURING WHICH YOU MAY BRING CLAIMS. PLEASE SEE SECTION 10 (“DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER”) FOR MORE INFORMATION.
If you have any questions, comments, or concerns regarding the Agreement or the Services, please reach out to us at fast.co/contact.
(a) Fast’s Services. Fast enables one-click checkout, a buyer dashboard, and related features for online users (“Users” or “you”) who purchase items from merchants utilizing the Fast Checkout button and related Services (“Sellers”).
(b) Ownership. As between you and Fast, Fast and its licensors exclusively own all rights, title, and interest in the software, products, works, copyrights (including rights in derivative works), patents, moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Services, or any copies or derivatives thereof. All rights in Services not expressly granted to you in these Terms are reserved. Subject to your full compliance with the terms and conditions of the Agreement, Fast hereby grants you a limited, personal, non-sublicensable, non-transferable, non-exclusive, revocable license to access and use the Services as provided herein. You have no rights in the Services, other than the rights and licenses specifically granted to you pursuant to these Terms.
(c) Availability. Fast administers and operates the Services from the United States, with subsidiaries in several non-US countries including Australia and New Zealand. Not all Services are available or appropriate for use in all geographic locations. Fast reserves the right to limit or block, in its sole discretion, the provision and quantity of the Services in any geographic area. Any offer for the Services is void where prohibited.
2. Account Creation and Usage
(a) Accessing the Services. To use the Services, you can sign up for an account with Fast (“Fast Account”) through our home page, upon your first purchase from one of our Sellers, or through other Fast partnerships. When you sign up for the Services, you may provide Fast with your name, email address, address, phone number, and payment information such as a credit or debit card. Fast passes your payment information to a tokenization service through an encrypted channel, and in exchange receives from the service a payment token, which Fast associates with your Fast Account. Fast only stores tokenized payment information, and does not store your complete payment information. Information you submit in connection with creating your Fast Account, and information about your activity provided by third parties such as our Sellers and Platform Partners, may be made part of your Fast Account.
(b) Your Responsibilities. By using the Services, you represent, warrant, and agree that you: (i) will provide accurate and complete registration information; (ii) are at least eighteen (18) years of age or the age of majority in your place of residence; (iii) will only provide information that you have the right to use, and will not attempt to impersonate any other person or obtain control of the Fast Account of any other user; (iv) will not transfer your Fast Account to anyone else without Fast’s prior written permission; and (v) will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party.
(c) Safeguarding Your Fast Account. Please safeguard your Fast Account and make sure others do not have access to your authentication credentials. You are solely responsible for any activity on your Fast Account, and for maintaining the confidentiality and security of your Fast Account. We are not liable for any acts or omissions by you or anyone else in connection with your Fast Account. You must immediately notify us if you know or have any reason to suspect that your Fast Account has been accessed without authorization or otherwise compromised.
(d) Restrictions on Your Activity. You agree not to use or interact with the Services in a manner that: (i) violates any applicable laws, including without limitation applicable export or import controls, regulations, and sanctions; (ii) infringes or violates the intellectual property rights or any other rights of Fast or a third party; (iii) is harmful, fraudulent, deceptive, threatening, hateful, harassing, defamatory, obscene, or otherwise objectionable; (iv) jeopardizes the security of your Fast Account or a third party’s Fast Account; (v) attempts, in any manner, to obtain the password, account, or other security information from any other user; (vi) violates the security of any computer network, or cracks any passwords or security encryption codes; (vii) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (viii) “drawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services; (ix) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; (x) removes any copyright, trademark, or other proprietary rights or notices contained in the Services; or (xi) sublicenses, sells, rents, leases, transfers, assigns, or conveys any rights under the Terms to any third party, or otherwise commercially exploits or profits from the information or content of the Services, or any portion thereof, in any manner not expressly permitted herein. Without limiting Fast’s rights otherwise stated herein, a violation of any of the foregoing provisions is grounds for termination or immediate suspension of your right to use or access the Services.
(e) Feedback. We welcome your feedback, ideas, or suggestions (collectively, “Feedback”), but you agree that any Feedback is provided on a non-confidential basis and we may use your Feedback for any purpose without any restrictions or obligation to you.
3. Terminating your Account
4. Platform Partners and Service Providers
(b) No Obligation to Intervene. Fast is under no obligation to intervene in any dispute between you and any Platform Partners or Service Providers. You hereby release Fast, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any such dispute and/or the acts or omissions of any Platform Providers or Service Providers.
5. Sellers and Content Providers
(a) Integration and Independent Operation. Fast may be integrated directly on Seller sites and properties, such as a Seller checkout or product description page. Fast also may be available through third-party content providers with whom you interact, such as publisher sites that have integrated a Fast Checkout button on their site for a particular Seller (“Content Providers”). Fast has no control over and assumes no responsibility for the content, accuracy, privacy policies, or practices of any Seller or Content Provider. Additionally, Fast will not and cannot monitor, verify, censor, or edit the content of any Seller or Content Provider sites, nor of any opinions or content expressed therein, and does not represent or imply that we endorse such content. By using the Services, you agree to release and hold Fast harmless from any and all liability arising from your use of any Seller or Content Provider sites or services, including without limitation any information that: (a) is offensive or objectionable; (b) contains errors; (c) violates intellectual property, trade secret, privacy, publicity, or other rights or the good name of you or third parties; (d) is harmful to your or others’ computers or networks; (e) is unlawful or illegal; or (f) the downloading, copying, or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy, or other laws.
(b) No Liability for Underlying Sales Transaction. You acknowledge that any products or services you may purchase are sold by Sellers, not by us. FAST MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE SERVICES BY ANY SELLERS. YOU ACKNOWLEDGE AND AGREE THAT FAST IS NOT LIABLE FOR THE QUALITY, USABILITY, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER ELEMENT OF ANY GOODS OR SERVICES YOU PURCHASE FROM ANY SELLERS. If you enter into a transaction with a Seller and have a dispute over the goods or services you purchased, we have no liability for the goods or services underlying the transaction. Fast acts as the Seller’s agent with respect to your transactions with the Seller and receives payments from you on their behalf. Please contact the Seller to resolve any issues you have with respect to the goods and services you ordered or purchased from Seller, including any issues relating to shipping and delivery, product warranty, product return, refund, exchange, and the terms of any agreements you entered into with Seller in connection with your order or purchase. We may intervene in disputes concerning payments that may arise between you and a Seller in our sole discretion, but we have no obligation to do so. Any disputes filed with your credit card issuer shall be between you and the issuer, and Fast is not liable for such disputes.
(a) Making Purchases. When you click on the Fast Checkout button, you are using the Services to make a purchase. Your total price may include taxes, fees, and shipping costs, all of which you are responsible for paying. You may be presented with additional terms related to a specific payment before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction. Fast may or may not be a party to those additional terms.
(b) Security and Tokenization. When you pay using your Fast Account or authorize Fast to receive your payment information, your payment information is encrypted and stored in a token vault used for transactions. In addition, for Fast to verify your identity, you will be required to provide an email address and enter the One Time Passcode that we send to that account. Sellers do not have access to your payment information, and Fast does not store your payment information in an un-tokenized form. Please refer to our Security and Trust page for more information on how we protect your payment information. By making a purchase using the Services, you agree (i) to the creation and use of a payment token in connection with that purchase, which allows Fast’s processors to charge your credit or debit card; and (ii) that Fast’s processors may charge using this token for future transactions when you use the same credit or debit card. Tokenization enables Fast to provide a seamless one-click checkout experience.
(d) Payment Terms.
(e) Fraud, Risk Monitoring, Returns, and Refunds
8. Warranty Disclaimer
(a) Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED BY FAST ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, CONTINUOUS, SECURE, OR ERROR-FREE. YOUR USE OF THE SERVICES, AND ANY GOODS OR SERVICES OR OTHER ITEMS OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAST, SHALL CREATE ANY WARRANTY.
(b) Consumer Laws. Under certain circumstances, laws in your jurisdictions do not permit the disclaimers in this Section, including without limitation Australia’s Competition and Consumer Act 2010 (Cth) and the New Zealand Consumer Guarantees Act 1993, as either may be amended, replaced, or superseded from time to time (together, the “ANZ Consumer Laws”). If you are in one of those jurisdictions that does not permit disclaimers, then you may have certain rights and remedies (including consumer guarantee rights) that may not be excluded, restricted, or modified by agreement. Nothing in the Agreement operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under ANZ Consumer Laws or any other statute where to do so would: (i) contravene that statute; or (ii) cause any term of the Agreement to be void. However, the disclaimers apply to the maximum extent permitted by applicable law. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by the ANZ Consumer Laws or other applicable law.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FAST AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF USD $100; OR (C) ANY MATTER BEYOND FAST’S REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
10. Dispute Resolution, Arbitration, and Class Action Waiver
(a) Initial Dispute Resolution. Before filing a claim against Fast, you agree to try to resolve the dispute by first emailing [email protected] with a description of your claim. We will try to resolve the dispute informally by following up via email, phone, or other methods. If we cannot resolve the dispute within thirty (30) days of our receipt of your first email, you or Fast may then bring a formal proceeding pursuant to the terms below.
(b) Mandatory Arbitration. You and Fast agree that any disputes that cannot be settled via the initial dispute resolution process set forth above shall be settled via binding arbitration as set forth below:
(c) Exceptions To Arbitration Agreement. Notwithstanding anything in this Agreement, either you or Fast may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
(d) Time For Filing. Any claim not subject to arbitration must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
(e) No Class Actions. To the fullest extent allowed by applicable law, you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action. Class actions, class arbitrations, collective actions, private attorney general actions, and consolidation with other arbitrations are not permitted. YOU UNDERSTAND AND AGREE YOU ARE WAIVING, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR OTHER JOINT ACTION WITH RESPECT TO ANY DISPUTE.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Fast and each of its affiliates, directors, officers, employees, agents, partners, licensors, and suppliers harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to: (a) your violation of these Terms; (b) your violation of any applicable laws; (c) your violation of any agreement between you and any Seller; and (d) your violation of any agreement between you and any card or payment networks. In the event of such a claim, suit, or action (“Claim”), Fast will attempt to provide you notice of the Claim via the contact information provided for your Fast Account, provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder.
12. Notice and Updates
(a) Changes to the Services. Fast reserves the right to change the Services at any time. Fast may suspend or discontinue any part or all of the Services, and may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, with or without prior notice to you. Fast also reserves the right to remove any Seller from the Services at any time, for any reason, including without limitation in response to any allegation that the Seller has violated these Terms or Fast’s Acceptable Use Policy, in its sole discretion, and without prior notice to you. Additionally, the Services are currently free, but Fast reserves the right to charge for certain or all Services in the future, provided that Fast will notify you before any Services you are then using begin carrying a fee.
(b) Changes to the Terms. Fast reserves the right to modify these Terms at any time in Fast’s sole discretion by updating this site. We may notify you of any changes to these Terms by any reasonable means, which may include posting a notice to this site or providing you with other electronic notice such as an email notice, and we will designate a reasonable period before the new Terms will take effect for you. By continuing to use or access the Services after any modifications come into effect for you, you agree to be bound by the modified Terms. If you disagree with the modified Terms, then you must stop using the Services.
(c) Notice. By using the Services, you agree that Fast may communicate with you electronically any information regarding Fast, the Services, our Sellers, your Fast Account, and any related issues. We will use the email address you provide for your Fast Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Fast Account email address you provide to Fast. Your email communications with Fast can only be authenticated if they come from your primary Fast Account email address. You may opt out of receiving non-essential communications from Fast by following any unsubscribe options we provide to you in each form of communication. You acknowledge that opting out of receiving communications may impact your use of our Services. Site and email notices shall be considered received by you within 24 hours of the time posted or sent unless otherwise noted therein; notices by postal mail shall be considered received within three (3) business days of the time sent. Except as otherwise stated, you must send notices to us by postal mail to: Fast AF, Inc., Attn: Legal Department, 349 9th Street, San Francisco, California, 94103.
The parties agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Fast, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty, or representation except those expressly set out in these Terms. You also may be subject to additional terms, policies, or agreements that apply when you use services of third parties, including without limitation Sellers, Content Providers, or Platform Partners. This Agreement creates no third-party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this Agreement. You may not assign, delegate, or transfer these Terms, or your rights or obligations hereunder, or your Fast Account, in any way (by operation of law or otherwise) without Fast’s prior written consent. Any attempt to assign or delegate in contravention of the foregoing will be void. Fast may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent. Except as set forth in Section 10(b) herein, these Terms shall be governed by, construed, and enforced in accordance with the laws of the State of California, exclusive of its conflict of law rules. The failure of either party to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.