Terms of Service

Version 2026-11-22. In force from November 14, 2026 (current version). All versions

1. Agreement and acceptance

Version 2026-11-22, effective November 14, 2026.

These Terms of Service (the “Terms”) govern access to and use of the Flash Optima services (the “Service”) by the business or individual that creates or uses an account (“Customer”, “you” or “your”). The Service is provided by [[operator_name]], operating as Flash Optima (“Flash Optima”, “we”, “us” or “our”).

By creating an account, selecting a plan, accessing or using the Service, or accepting these Terms electronically, you agree to these Terms. If you use the Service for a business or other organization, you represent that you are authorized to accept these Terms on its behalf. In that case, “you” includes that organization.

If you do not agree to these Terms, do not access or use the Service. Additional terms may apply to particular features, plans or services and will form part of your agreement where presented and accepted.

2. Eligibility and accounts

The Service is intended for business and other permitted users who can legally enter into a binding agreement. You must provide information that is accurate and keep account and billing information reasonably current. You are responsible for activity conducted through your account and for managing access by your personnel and other authorized users.

You must keep credentials confidential, use appropriate access controls, promptly remove access that is no longer authorized, and notify Flash Optima if you become aware of suspected unauthorized access or use. You must not share access in a way that circumvents plan or user limits.

3. The Service

Flash Optima provides online software and related services that may include tools for managing vehicle inventory, customer and business records, transactions, documents, electronic signing, communications, reporting, administration, and public-facing listings or pages. Features and availability may vary by plan, configuration, location and time.

The Service is a software tool. Flash Optima is not a party to transactions between you and your customers or other third parties and does not act as a dealer, broker, lender, lessor, insurer, legal adviser, accountant or tax adviser. Flash Optima does not determine whether a transaction is suitable, lawful, complete or enforceable.

You are responsible for deciding whether and how to use the Service for a particular transaction and for obtaining independent professional advice where appropriate. You must independently review all information, calculations, documents, disclosures and outputs before relying on, approving, issuing or signing them.

4. Customer responsibilities and content

You are responsible for: (a) the accuracy, legality and completeness of information and materials you submit or approve; (b) obtaining all notices, permissions, consents and authorizations required to collect, use, disclose or submit personal information and to request electronic signatures; (c) ensuring that your use of the Service complies with applicable laws, regulations, industry requirements and contractual obligations; (d) reviewing documents and transaction details before use; and (e) maintaining your own records and copies where appropriate.

You retain your rights in content and information you submit (“Customer Content”). You grant Flash Optima a non-exclusive, worldwide, royalty-free right to host, reproduce, transmit, display, modify as technically necessary, and otherwise process Customer Content only as reasonably necessary to provide, maintain, secure, support and improve the Service, comply with law, and enforce these Terms.

You must not submit information that you are not authorized to provide or that is unnecessary for your intended use. You must not use the Service to create false or misleading records, impersonate another person, infringe rights, distribute unlawful material, interfere with the Service or its security, access data without authorization, or use the Service for unlawful or abusive purposes.

5. Plans, Fees, Billing and Changes

Available plans, features, usage limits, subscription terms and fees are described in the Service or on the applicable pricing page. Subscriptions may be offered for fixed terms, including monthly, multi-month, annual or other periods. The applicable subscription term, plan, fees, features and billing arrangements are presented at the time of purchase. Fees are stated in the currency shown and are subject to applicable taxes unless indicated otherwise. You authorize the applicable payment method to be charged for subscription fees and any applicable usage-based or other charges.

The plan, features and applicable fees agreed upon at the time of purchase apply for the duration of the committed subscription term, subject to these Terms and applicable law.

At the end of a subscription term, renewal is subject to the plans, features, pricing and subscription terms then offered by Flash Optima. Flash Optima may modify, replace, discontinue or withdraw existing plans, features, usage limits, pricing and subscription options. Accordingly, the plan, features, pricing and conditions available upon renewal may differ from those of the previous subscription term. Continued availability of any particular plan, feature or price is not guaranteed. Customers who do not wish to accept the terms offered for renewal may choose not to renew, subject to any outstanding payment obligations.

Unless otherwise stated at purchase, subscriptions renew for successive billing periods until cancelled. The account owner or other authorized billing administrator may manage or cancel a subscription through the available account controls or by contacting Flash Optima. Cancellation generally prevents future renewal; access may continue through the portion of the subscription period already paid for, subject to these Terms.

Fees already incurred are payable. Except where required by law or expressly stated otherwise, fees are non-refundable and partial billing periods are not prorated. This does not limit any non-waivable statutory rights.

Flash Optima may introduce, modify, replace or discontinue plans, features, usage limits, fees or billing arrangements. Changes may apply to new subscriptions immediately and to existing subscriptions at a later renewal or other time communicated through the Service or by reasonable notice. Continued use after a change takes effect constitutes acceptance, to the extent permitted by law. If you do not accept a material change, you may stop using the affected Service and cancel before the change applies to your subscription.

You are responsible for applicable taxes, payment processing charges disclosed to you, and charges arising from use of the account. If payment is overdue or cannot be processed, Flash Optima may restrict or suspend access, including by making some or all features unavailable, until the outstanding amount is resolved.

6. Suspension and termination

You may stop using the Service and cancel your subscription in accordance with the cancellation options made available to you. We may suspend, restrict or terminate access, in whole or in part, where reasonably necessary to protect the Service, users or third parties; address suspected fraud, unlawful activity or a breach of these Terms; respond to a legal requirement; address non-payment; or manage operational or security risks.

Where reasonably practicable and legally permitted, we may provide notice or an opportunity to address the issue before taking action. We are not required to provide advance notice where immediate action is reasonably necessary or where notice is prohibited.

Upon termination, your right to access and use the Service ends, except to the extent access is made available for account administration, export or other purposes. We may retain or delete Customer Content in accordance with the Privacy Policy, applicable law, our legitimate operational requirements and any applicable retention obligations. You are responsible for exporting information you need before access ends.

After cancellation: a cancelled account stays available read-only, for viewing, printing and exporting, for at least 90 days after the paid period ends. After that we may close online access, and we aim to email the account owner first. Closing access is not deleting data. Retention and disposal of information are covered in the Privacy Policy.

7. Intellectual property and confidentiality

The Service, including its software, design, interfaces, features, documentation, branding, content, and all related intellectual property rights, is owned by Flash Optima or its licensors. Except for the limited right to use the Service under these Terms, no ownership rights are transferred to you.

You must not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, attempt to discover source code or underlying ideas, circumvent technical restrictions, create derivative works from, or otherwise exploit the Service except to the extent applicable law expressly permits or Flash Optima authorizes in writing.

Each party may receive non-public information of the other. The receiving party must use reasonable care to protect such information and use it only for the purposes of the relationship, subject to disclosures required by law. This does not apply to information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source.

8. Third-party services and links

The Service may rely on or interoperate with third-party products, platforms, payment services, communications providers, hosting providers or other services. Third-party services are subject to their own terms and privacy practices. Flash Optima is not responsible for third-party services that it does not control. Your use of those services may require a separate account or agreement.

9. Availability, changes and support

The Service is provided on an “as available” basis. Access may be interrupted, delayed, limited or unavailable for reasons including maintenance, updates, technical issues, third-party services, connectivity, security concerns or events outside our reasonable control. Features may change, and we may modify, suspend or discontinue all or part of the Service.

Unless expressly agreed in a separate written agreement signed by Flash Optima, we do not make commitments regarding uptime, response times, support levels, recovery times, compatibility, feature availability or future functionality.

10. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, without warranties, representations or conditions of any kind, whether express, implied or statutory, including implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, uninterrupted operation, accuracy or results.

Flash Optima does not warrant that the Service will meet your requirements, be error-free, operate without interruption, produce accurate or complete outputs, or be compatible with every system, device, process or legal requirement. You are responsible for independently verifying outputs and maintaining appropriate business continuity, security, backup and recordkeeping practices.

Nothing in these Terms excludes a warranty, condition, right or remedy that cannot lawfully be excluded or limited.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Flash Optima and its affiliates, directors, officers, employees, contractors, licensors and service providers will not be liable for any indirect, incidental, special, exemplary, punitive or consequential loss or damage, or for loss of profits, revenue, business, anticipated savings, goodwill, business opportunity, data, use or transactions, whether arising in contract, tort (including negligence), statute or otherwise, even if advised of the possibility of such loss.

To the maximum extent permitted by applicable law, the total aggregate liability of Flash Optima and the persons listed above arising out of or relating to the Service or these Terms will not exceed the total fees paid or payable by you to Flash Optima for the Service during the calendar month in which the event giving rise to the claim first occurred. If you use a free plan and have paid no fees for that calendar month, the aggregate limit will be CAD $100.

The exclusions and limits in this section apply to all claims and causes of action, in the aggregate, and regardless of the form of action. They do not apply to liability that cannot lawfully be excluded or limited, including liability arising from fraud or wilful misconduct where such limitation is prohibited. Nothing in this section limits any other non-waivable rights or remedies under applicable law.

12. Indemnity

To the maximum extent permitted by law, you will defend, indemnify and hold harmless Flash Optima and its affiliates, directors, officers, employees and contractors from third-party claims, proceedings, losses, liabilities, damages, costs and reasonable legal fees arising from or relating to: (a) Customer Content; (b) your use of the Service; (c) your transactions, products, listings or dealings with customers or other third parties; (d) your breach of these Terms or applicable law; or (e) your infringement or violation of another person’s rights. Flash Optima may participate in the defence with counsel of its choice. You may not settle a claim in a manner that imposes liability or obligations on Flash Optima without its prior written consent.

13. General

These Terms, together with any additional terms presented for a particular Service, form the agreement between you and Flash Optima concerning the Service and replace prior discussions or agreements on that subject. If any provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue in effect.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a reorganization, merger, sale or transfer of our business or assets, or as otherwise permitted by law. No waiver is effective unless made in writing. These Terms do not create a partnership, agency, employment or joint venture.

These Terms are governed by the laws of Ontario and the applicable federal laws of Canada. Subject to any mandatory rights or jurisdictional rules, the parties submit to the courts located in Ontario for disputes arising from these Terms. Notices to Flash Optima may be sent to the contact details published in the Service. We may provide notices electronically, including through the Service or by email associated with your account.

Questions about these Terms: [[support_email]].

Additional Subscription and Service Rules: Committed Subscription Terms

Certain plans may be offered for fixed subscription terms of 6, 12 or 24 months, or another length shown when you buy. The applicable plan, features, fees and subscription term will be presented at the time of purchase. For the duration of a committed subscription term, the agreed plan and fees, including the finance and lease contract fees, will apply, subject to these Terms and applicable law. Month-to-month subscriptions are charged at the rates applicable to each billing period.

At the end of a committed term, renewal is subject to the plans, features, pricing and terms then offered by Flash Optima, and you may be asked to accept the then-current terms. The continued availability of any particular plan, feature or price is not guaranteed.

Additional Subscription and Service Rules: Early Cancellation

If you cancel a committed subscription of 6 months or longer before the term ends, an early cancellation charge applies. The charge is 20% of the plan fees for the months remaining in the term. For example, if you cancel a 24-month plan at $99 a month after 6 months, 18 months remain, and the charge is 18 × $99 × 20% = $356.40. The charge does not apply to month-to-month subscriptions, or where the plan you chose states that it has no early cancellation charge. A subscription paid for a full year in advance is not charged this fee, and the amount paid is not refunded. By purchasing a committed subscription, you agree to this charge, subject to applicable law. Any such charge will not apply where prohibited by law.

Additional Subscription and Service Rules: Referral Program

Flash Optima may offer a referral program. A customer who has a personal referral code (the “Referrer”) may share it with another business. A new customer that enters a valid referral code when it chooses a monthly plan (the “Referred Customer”) receives 20% off the plan fee for 3 months. The discount is shown before you pay and is charged through the payment provider. It applies to monthly plans only and cannot be combined with the discount of a committed subscription term. Using a referral code does not stop a Referred Customer from using other coupons or offers later, subject to their own rules.

When a Referred Customer has kept a paid, active subscription for 3 months, the Referrer receives 1 month of the plan fee free (the “Reward”). Months count only while the Referred Customer’s subscription is active and paid. Time when it is cancelled, overdue, read-only, on the Free plan or otherwise not paid does not count. If a Referred Customer stops and later returns using the same code, the count continues from where it stopped, and the discount applies only for the months of it not already used. Rewards add up: each qualifying Referred Customer earns a Reward, up to 12 Reward months in any 12 months.

A Reward is applied automatically as a refund, to the Referrer’s payment method used for its subscription, of the plan fee part of a monthly payment, including the tax on that part. A Reward applies only to the plan fee. It does not apply to extra users, extra storage, contract fees, bills over the plan, audit log or certificate requests, penalties, interest or any other usage-based or additional charge, which remain payable in full. A Reward is applied only while the Referrer has an active, paid subscription, has no cash value, and cannot be transferred, sold or exchanged. A Reward that has not been applied when the Referrer’s subscription ends is lost.

You may not use your own referral code, or a code belonging to a business you own or control, and you may not create accounts, or arrange payments, only to earn a Reward or discount. The Referrer is responsible for how it shares its code and must follow applicable law, including anti-spam and advertising law. The Referrer is not an employee, agent or representative of Flash Optima and may not make statements or promises on its behalf.

Flash Optima may refuse, cancel or reverse a referral, discount or Reward that it reasonably believes was obtained through misuse, duplicate or false accounts, self-referral or a breach of these Terms. A Reward may also be reversed if the Referred Customer’s payments are refunded or charged back. Flash Optima may change, pause or end the referral program, or the amounts above, at any time. A change applies to new referrals. Rewards already earned, and discounts already promised to a Referred Customer that has subscribed, remain available as promised.

By using a referral code, the Referred Customer agrees that Flash Optima may tell the Referrer that a customer signed up with the code, and whether that subscription is in progress, stopped or complete, so that the Referrer can see its progress. The Referred Customer’s name and other information are not shared with the Referrer.

Additional Subscription and Service Rules: Contract and Usage-Based Fees

Additional fees apply to transactions, contracts, usage or services beyond the limits included in your subscription. They are currently: finance contract, $19.99 per contract; lease contract, $19.99 per contract; extra user, $19.99 per month; extra storage, $5.00 per 10 GB block per month; audit log request, $99.00; certificate request, $999.00.

These amounts may change. We will give at least 30 days’ notice before a change applies to an existing plan or renewal. For a committed term, the fees agreed at purchase stay until the term ends. Fees properly incurred remain payable, including applicable fees for transactions or services that are subsequently voided, cancelled, replaced or reprocessed. Where a bill of sale is voided and replaced after the contract has been printed or delivered, the contract fee may be charged again.

Additional Subscription and Service Rules: Payment Issues and Service Restrictions

If a payment is overdue, declined or cannot be processed, Flash Optima may restrict, suspend or discontinue access to some or all of the Service until the outstanding amount is resolved. Specifically: if a plan payment fails, there is a 14-day grace period, after which the account becomes read-only until it is paid. An invoice still unpaid 14 days after its due date, including usage invoices PayPal could not collect, also makes the account read-only until it is paid. In read-only mode you can still view, print and export your records but cannot create or change them.

We email the account owner 7 days and 2 days before the account becomes read-only. A missed reminder does not change the rule.

A penalty or overdue amount carries interest at 20% a year, simple, until it is paid. You may dispute a penalty within 10 days of the notice. A dispute does not stop interest. Late charges and interest are subject to applicable law.

Additional Subscription and Service Rules: Changes to Plans, Fees and Terms

Flash Optima may modify, replace or discontinue plans, features, usage limits, fees and subscription options. We will give at least 30 days’ notice by email to the account owner before a change applies to an existing subscription or renewal. Changes to a committed subscription will be subject to the agreed subscription terms and applicable law. Continued use of the Service after changes take effect constitutes acceptance where permitted by law.

Additional Subscription and Service Rules: Marketplace and User-Provided Listings

You are responsible for the accuracy, completeness and legality of information and listings you submit through the Service, including vehicle descriptions and identifying information. You must have the necessary rights and authority to publish that information. If two dealers list the same VIN, the first listing keeps it. Flash Optima may remove, restrict or refuse listings or content that it reasonably considers false, misleading, unlawful or in violation of these Terms.

Additional Subscription and Service Rules: Electronic Signatures and Documents

You are responsible for obtaining any required consent to electronic transactions and signatures, confirming that individuals signing documents have the necessary authority, and providing copies of completed documents where required. The availability or use of electronic-signature features does not guarantee the legal validity or enforceability of any particular document or signature. These matters depend on the circumstances and applicable law.