Terms of Service – Fail Fast

Last updated: February 27, 2026

Effective: From publication date

Fail Fast Inc. · Delaware, United States · legal@fail-fast.ai · Privacy Policy

These Terms of Service ("Terms") govern access to and use of the Fail Fast platform (the "Platform" or "Service"), an ERP/CRM business software offered by Fail Fast Inc. ("Fail Fast", "we"). By creating an account, accessing or using the Service, you ("Customer") accept these Terms.

If you use the Service on behalf of a company or organization, you represent that you have authority to bind it to these Terms. In that case, "Customer" refers to that company or organization.

1. Definitions

  • Account: Customer's credentials and access to the Platform.
  • Authorized Users: individuals enabled by the Customer (employees, contractors or others) to use the Service under the Customer's Account.
  • Customer Data: data, files, records and content entered or generated by the Customer or its Authorized Users within the Service (including end customer data, suppliers, invoices, tickets, etc.).
  • Third Party Services: products or services not provided by Fail Fast (e.g., messaging providers, hosting, analytics or others).

2. Service Description

Fail Fast offers a multi-tenant SaaS service to manage business operations (e.g.: internal processes, CRM, sales, billing, purchasing, inventory, accounting and operational flows), including optional integrations with Third Party Services.

Fail Fast may update, modify or improve the Service periodically. Some functionalities may vary by plan, country, configuration or availability.

3. Registration, account management and security

3.1. Customer Information

The Customer agrees to provide truthful, current and complete information during registration and use of the Service.

3.2. Administrator(s)

The Customer is responsible for defining administrators, roles and permissions for its Authorized Users.

3.3. Security

The Customer is responsible for maintaining the confidentiality of credentials and controlling access to its Account. Must notify us promptly if unauthorized access is suspected.

4. Acceptable use

The Customer and its Authorized Users may not:

  • Use the Service for illegal, deceptive, fraudulent activities or that infringe third party rights.
  • Attempt unauthorized access to systems, data or third party accounts.
  • Interfere with the security, availability or integrity of the Service.
  • Use the Service to send unsolicited communications, spam, or to contact people without authorization (see Section 9 for messaging/WhatsApp).
  • Upload malware or content that compromises the Service or third parties.

Fail Fast may investigate possible violations and take action, including suspension or termination (Section 13).

5. Customer Data, privacy and data roles

5.1. Customer Data Ownership

The Customer retains all rights to Customer Data. Fail Fast does not "sell" Customer Data.

5.2. Customer Role

The Customer is responsible for the legality, accuracy and origin of Customer Data, including having the necessary authorizations and legal bases to collect, use and share such data.

5.3. Fail Fast Role

Fail Fast acts as Platform provider and will process Customer Data solely to provide and secure the Service, in accordance with the site's Privacy Policy and applicable agreements. Colombia and other jurisdictions: If the Customer or its recipients are located in Colombia or another jurisdiction, the Customer must comply with applicable local data protection and communications regulations. Fail Fast provides a platform; the Customer defines purposes and decides what data to enter and how to use it.

6. Third Party Services and integrations

  • The Service may allow integration with Third Party Services (e.g., messaging, storage, analytics or AI).
  • Use of Third Party Services may be subject to the third party's terms and policies.
  • Fail Fast is not responsible for Third Party Services, their availability, acts or omissions.
  • The Customer authorizes Fail Fast to enable integrations that the Customer configures and approves.

7. Intellectual property

Fail Fast and its licensors retain all rights, titles and interests in the Service, its software, designs, trademarks and documentation. The Customer obtains a limited, non-exclusive, non-transferable and revocable license to use the Service during the term of the contract/plan.

8. Confidentiality

Each party may receive confidential information from the other. Both parties agree to protect it and use it only for Service purposes, except as required by law.

9. Messaging and WhatsApp (Optional Integration)

If the Customer enables messaging functionalities (including WhatsApp Business Platform via Embedded Signup or other mechanisms), these additional rules apply:

9.1. Ownership and control

The Customer is the sole owner and controller of its number, WhatsApp Business Account (WABA) and messaging content. Fail Fast does not "own" or control the Customer's number.

9.2. Customer Responsibility

The Customer is solely responsible for:

  • Obtaining and retaining evidence of recipient consent/opt-in when required.
  • Providing and respecting opt-out mechanisms (e.g., "STOP" / "Unsubscribe") in a timely manner.
  • Ensuring messages (including notifications and promotional messages) comply with applicable laws and WhatsApp/Meta policies, including WhatsApp Business Terms and WhatsApp Commerce Policy.
  • Not using purchased lists, unauthorized third-party databases, or practices that generate complaints or reports.

9.3. Permitted use

Messaging should be oriented to legitimate business communications (e.g.: operational notifications, order status, reminders, billing, support). Promotional messages should only be sent with valid consent and in compliance with applicable policies.

9.4. Anti-abuse restrictions

Fail Fast may implement controls (e.g.: limits, abuse monitoring, reviews or suspensions) to protect ecosystem security and comply with policies.

9.5. No delivery guarantees

Messaging delivery and availability depends on WhatsApp/Meta and other third parties; Fail Fast does not guarantee delivery, timing or continuous availability of those services.

10. Plans, billing and taxes (if applicable)

If the Service is offered under paid plans:

  • The Customer will pay fees according to the contracted plan and current commercial conditions.
  • The Customer is responsible for applicable taxes (unless otherwise indicated).
  • Payment default may result in suspension or limitation of the Service.

11. Availability, support and changes

Fail Fast seeks to operate with high availability, but the Service may experience interruptions due to maintenance, incidents or causes beyond our control. We may modify the Service to improve security, performance or compliance.

12. Warranties and disclaimer

The Service is provided "as is" and "as available". To the extent permitted by law, Fail Fast does not provide implied warranties of merchantability, fitness for a particular purpose or non-infringement.

13. Suspension and termination

13.1. Suspension

We may suspend access in whole or in part if:

  • we detect abusive use, spam, or violations of Section 4 or 9;
  • there is risk to Service security;
  • there is a legal or third-party requirement (e.g., Meta/WhatsApp) related to compliance.

13.2. Termination

The Customer may stop using the Service at any time. Fail Fast may terminate access for material breach.

13.3. Data after termination

After termination, the Customer may request data export or deletion in accordance with the Privacy Policy and published data deletion procedure. Retention may apply for legal obligations or security.

14. Limitation of liability

To the maximum extent permitted by law:

  • Fail Fast will not be liable for indirect, incidental, special, consequential damages or loss of profits/data arising from use of the Service.
  • Fail Fast's total liability for claims related to the Service will not exceed the amount paid by the Customer to Fail Fast for the Service in the three (3) months prior to the event giving rise to the claim (or USD 100 if there were no payments), whichever is greater.

15. Indemnity

The Customer agrees to indemnify and hold Fail Fast harmless from third-party claims arising from:

  • Customer Data, content or communications sent by the Customer (including WhatsApp messaging)
  • violation of applicable laws or third-party policies
  • breach of these Terms by the Customer or its Authorized Users

16. Governing law and jurisdiction

These Terms are governed by the laws of the State of Delaware, USA, without prejudice to mandatory rules applicable in the Customer's jurisdiction when applicable.

17. Changes to these Terms

We may update these Terms. If the change is material, we will make reasonable efforts to notify the Customer (e.g., notice on the Platform or by email). Continued use of the Service after the effective date implies acceptance.

18. Contact

For legal or compliance inquiries:

Fail Fast Inc.

Email: legal@fail-fast.ai (recommended)

Address: 8689 Boca Glades Boulevard West - B, Boca Raton, FL 33434, USA