Effective Date: March 28, 2026
By accessing, subscribing to, or using FixedOps HQ ("Platform," "Service," or "Software"), operated by Fairchild Automotive Solutions LLC ("Company," "we," "us," or "our"), you ("Subscriber," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are accepting these Terms on behalf of a dealership, dealer group, or other organization, you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not use the Service.
FixedOps HQ is a proprietary software-as-a-service (SaaS) platform designed for automotive dealership fixed operations departments. The Platform provides real-time performance dashboards, KPI tracking, scoreboard management, service menu management, competitive intelligence tools, reconditioning workflow management, digital multi-point inspection capabilities, prioritized estimating tools, and related analytics ("Features"). The Platform embodies proprietary methodologies, frameworks, and business processes developed by Fairchild Automotive Solutions over more than fifteen years of fixed operations consulting.
To use the Service, you must register for an account. When you register, you agree to:
Account access is limited to the specific dealership, dealer group, or organization identified during registration. You may not share account credentials with individuals outside your organization or grant access to unauthorized third parties.
Access to the Platform is provided on a per-rooftop subscription basis. By subscribing, you agree to:
Subscription fees are non-refundable except as required by law. We reserve the right to adjust pricing with thirty (30) days' written notice. Failure to pay fees when due may result in suspension or termination of your access to the Platform.
The Platform, including all software, source code, object code, algorithms, data models, user interfaces, visual designs, documentation, and all related intellectual property, is and shall remain the exclusive property of Fairchild Automotive Solutions LLC. The Platform embodies proprietary business methodologies, performance frameworks, metric calculations, workflow designs, categorization systems, and consulting processes ("Methodologies") that constitute trade secrets and confidential information of the Company. These Methodologies include, but are not limited to, the specific selection, combination, weighting, and presentation of key performance indicators; the proprietary categorization and prioritization frameworks used within the Platform; the business logic governing goal-setting, pacing, and accountability workflows; and the integration architecture connecting service lane execution, reconditioning, and performance measurement.
Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal business operations at the dealership location(s) covered by your subscription. This license does not convey any ownership interest in the Platform or its underlying Methodologies.
You expressly agree that you shall NOT:
The restrictions in this Section 5 shall survive termination or expiration of your subscription and these Terms for a period of three (3) years. Your obligation not to misappropriate trade secrets shall survive indefinitely for as long as the information remains a trade secret under applicable law.
You retain ownership of the raw operational data you upload to the Platform from your dealership management system (DMS), including repair order records, employee rosters, and financial figures ("Your Data"). You grant us a non-exclusive, worldwide license to use, process, and store Your Data solely for the purposes of providing the Service, generating analytics, and improving the Platform.
All data, insights, calculations, benchmarks, scores, reports, analyses, visualizations, curated pricing data, competitive intelligence, and other outputs generated by the Platform using Your Data in combination with our proprietary Methodologies ("Platform-Generated Data") are the property of Fairchild Automotive Solutions LLC. This includes, without limitation: calculated KPIs, goal attainment metrics, pace-to-goal projections, performance scorecards, service menu configurations built within the Platform, op code pricing structures, competitive market analyses, and benchmark comparisons.
We may aggregate and anonymize data across all subscribers to create benchmark datasets, industry reports, and analytical tools. Such aggregated and anonymized data does not identify you or your dealership and is the exclusive property of the Company. We may use this data for any lawful purpose, including improving the Platform, creating industry benchmarks, and developing new features.
Upon termination of your subscription, you may request an export of Your Data (raw uploaded data only) within thirty (30) days of termination. After this period, we may delete Your Data from our active systems. You will not be entitled to export Platform-Generated Data, including any calculations, configurations, reports, curated menus, benchmarks, or insights created through the Platform. Our right to retain and use aggregated and anonymized data survives termination.
You acknowledge that through your use of the Platform, you may be exposed to proprietary Methodologies, business logic, calculation formulas, workflow designs, and other confidential information of the Company ("Confidential Information"). You agree to: (a) maintain the confidentiality of all Confidential Information using at least the same degree of care you use to protect your own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party without our prior written consent; and (c) use Confidential Information solely for the purpose of using the Platform as authorized under these Terms. This obligation of confidentiality survives termination of these Terms for a period of three (3) years, or indefinitely with respect to trade secrets.
In addition to the restrictions in Section 5, you agree not to:
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to:
The Platform provides performance data and analytical tools to support your business decisions. It does not constitute financial advice, and you are solely responsible for decisions made based on information provided by the Platform.
To the maximum extent permitted by law, Fairchild Automotive Solutions LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
Our total aggregate liability under these Terms shall not exceed the total fees paid by you to us during the twelve (12) months preceding the event giving rise to the claim.
You agree to defend, indemnify, and hold harmless Fairchild Automotive Solutions LLC and its affiliates, officers, directors, employees, consultants, and agents from and against any claims, liabilities, damages, judgments, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service; (c) your violation of any third-party rights; or (d) any data you upload to the Platform.
We may suspend or terminate your access to the Service immediately, without prior notice, if we reasonably believe you have violated these Terms, including any breach of the intellectual property, confidentiality, or restricted use provisions. You may cancel your subscription at any time by contacting us, with cancellation effective at the end of your current billing period.
Upon termination for any reason: (a) your license to use the Platform immediately ceases; (b) you must discontinue all use of the Platform and delete any locally stored materials derived from the Platform; (c) Sections 5, 6, 7, 11, 12, and 14 shall survive termination; and (d) you may request export of Your Data as described in Section 6.4.
You acknowledge that any breach or threatened breach of Sections 5 (Intellectual Property), 6 (Data Ownership), or 7 (Confidentiality) would cause irreparable harm to the Company for which monetary damages would be an inadequate remedy. Accordingly, the Company shall be entitled to seek injunctive relief, specific performance, or other equitable remedies in addition to any other remedies available at law, without the necessity of proving actual damages or posting a bond.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Los Angeles County, California. You consent to the personal jurisdiction of such courts.
We reserve the right to modify these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice via email or through the Platform prior to any new terms taking effect. Your continued use of the Service after the effective date of revised Terms constitutes acceptance of the changes.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fairchild Automotive Solutions LLC regarding your use of the Platform and supersede all prior agreements, understandings, and communications, whether written or oral.
If you have any questions about these Terms, please contact us at:
Fairchild Automotive Solutions LLC
Email: info@fixedopshq.com
By using FixedOps HQ, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.