Terms of Service

1. Introduction

Welcome to DETAILERMADE, a mobile automotive detailing management platform (the "Service"). The Service is owned and operated by DETAILERMADE, LLC ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your use of our website, mobile applications, and all related services and by using the Service, you agree to be bound by these Terms.
The Service provides booking management software for mobile automotive detailing businesses ("Business Users") and their customers ("Clients"). We reserve the right to amend these Terms at any time by posting the amended version on our website and indicating the date the Terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2. Service description

The Service is a software-as-a-service (SaaS) platform that allows mobile automotive detailing businesses to manage appointments, track jobs, process payments, and communicate with customers. For Clients, the Service provides a booking website to schedule detailing services, manage their profile, vehicles, addresses, and view past jobs.
Although we strive to maintain and improve the customizable aspects of the Service, we reserve the right to change, suspend, improve or discontinue any individual aspect, feature or capability of the Service, temporarily or permanently, at any time with or without notice.

3. Account registration and eligibility

3.1 Business Users

To use the Service as a Business User, you must register an account by providing current, complete, and accurate information as prompted by the registration form. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Client Accounts

When a Client books a service through a Business User's booking page, a Client account is automatically created using their phone number. Clients can access their profile to view addresses, vehicles, and past job history.

3.3 Age Requirements

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

4. Subscription Plans and Payments

4.1 Subscription Plans

The Service is offered on a subscription basis with several plans available. Each plan may offer different features and limitations. Current pricing and plan details are available on our website. We reserve the right to change pricing and plan structures at any time, with notice provided to current subscribers.

4.2 Billing and Auto-Renewal

By subscribing to our Service, you authorize us to charge your payment method for the subscription fee on a recurring basis (monthly or annually as selected) until your subscription is canceled. Subscriptions automatically renew unless canceled by you before the renewal date.

4.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting our customer support. Upon cancellation, your subscription will remain active until the end of the current billing period, after which access to the Service will be terminated. We do not provide refunds for partial subscription periods.

4.4 Failed Payments

If a payment fails for any reason, we may attempt to process the charge again within the following days. If payment continues to fail, we reserve the right to suspend or terminate your access to the Service.

5. Payment Processing

5.1 Third-Party Payment Processors

Payment processing services for both subscription fees and Client payments are provided by third-party payment processors ("Payment Processors").

5.2 Client Payments

For Business Users, the Service facilitates accepting payments from Clients. Payment card information is not stored by us but is stored and processed by our Payment Processors. Business Users do not have access to Clients' full payment card information.

5.3 Payouts

To receive payouts, Business Users must connect a bank account to the Service through our Payment Processors. The timing of payouts is subject to our Payment Processors' terms and policies.

5.4 Fees

We may charge processing fees for payments made through the Service. These fees will be clearly disclosed to Business Users and may be deducted from the payment amount before payout.

6. Business User Responsibilities

6.1 Content and Accuracy

Business Users are solely responsible for the accuracy and legality of all information they provide through the Service, including service descriptions, pricing, business policies, and availability.

6.2 Service Fulfillment

Business Users are solely responsible for the fulfillment of all services booked through the Service, including quality of service, timeliness, and adherence to any advertised terms or descriptions.

6.3 Client Communications

Business Users agree to use the communication features of the Service (including emails and SMS) solely for service-related communications with Clients, such as appointment confirmations, updates, and essential business communications. Business Users are responsible for ensuring all communications comply with applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA).

6.4 Business Policies

Business Users must establish and maintain clear policies regarding cancellations, refunds, and other service terms. These policies should be made available to Clients through the Service.

7. Client Responsibilities

7.1 Accurate Information

Clients must provide accurate and current information when booking services, including contact information, vehicle details, and service locations.

7.2 Cancellation and No-Shows

Clients agree to adhere to the cancellation policies established by the Business User with whom they book services. Failure to comply with these policies may result in charges as outlined by the Business User.

7.3 Service Access

Clients are responsible for providing Business Users with reasonable access to their vehicles to perform the booked services.

7.4 Communication and Messaging Opt-In

7.4.1 Opt-In Consent

By providing your phone number during the booking process or when creating an account, you expressly consent to receive text messages (SMS/MMS) and calls from DETAILERMADE and the Business User providing your service. This consent applies to messages related to your booked services, including but not limited to:

• Booking confirmations and receipts
• Appointment reminders and updates
• "On the way" notifications when service providers are en route
• Service time or date modifications
• Service completion notifications
• Cancellation notices
• Payment links and invoice information
• Service follow-ups and quality assurance

7.4.2 Promotional Communications

In addition to service-related communications, Business Users may occasionally send promotional messages about special offers, discounts, or new services. You can opt out of promotional messages at any time by replying "STOP" to any promotional message or by adjusting your communication preferences in your account settings, while continuing to receive essential service-related communications.

7.4.3 Messaging Frequency

The frequency of messages will depend on your booking activity and the specific services you've scheduled. Service-related messages will only be sent in connection with services you have booked.

7.4.4 Message and Data Rates

Message and data rates may apply to text messages you receive from us or Business Users through the Service. You are responsible for any such charges from your mobile carrier.

7.4.5 Messaging Frequency

You may opt out of service-related text messages by:

• Replying 'STOP' to any message

Please note that opting out of service-related messages may impact our and Business Users' ability to provide you with timely information about your booked services.

7.4.6 Consent Revocation

You may revoke your consent to receive text messages at any time. However, we and Business Users need the ability to communicate with you about booked services to fulfill our obligations. If you fully revoke consent to all communications, you may need to cancel any pending services.

8. Intellectual Property

8.1 Ownership

The Service, including but not limited to all images, icons, text, software, logos, and user interfaces, is owned by us and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our intellectual property.

8.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.

8.3 Feedback

Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary, and we will be free to use such feedback, comments, or suggestions without any obligation to you.

9. Prohibited Uses

You agree not to use the Service:
a) In any way that violates any applicable federal, state, local, or international law or regulation.
b) To transmit, upload, or distribute any computer viruses, worms, or other malicious code.
c) To interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
d) To attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service.
e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
f) To submit false or misleading information or data.
g) To use the Service for any illegal activities or to promote illegal activities.
h) To use automated systems, including but not limited to "robots," "spiders," or "offline readers," to access the Service.
i) For any purpose that is not explicitly permitted by these Terms.

10. Third-Party Services and Links

10.1 Third-Party Services

The Service may integrate with or provide access to third-party services, tools, or websites. We do not control these third-party services and are not responsible for their content, privacy policies, or practices. Your use of any third-party services is at your own risk and subject to their respective terms and policies.

10.2 Payment Processors

As mentioned in Section 5, the Service utilizes third-party Payment Processors. These Payment Processors maintain their own terms of service and privacy policies, which you agree to be bound by when using their services through our platform.

11. Privacy and Data Protection

11.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as outlined in our Privacy Policy.

11.2 Client Data

Business Users acknowledge that they may receive personal information from Clients through the Service. Business Users agree to handle all Client data in compliance with applicable privacy laws and regulations.

11.3 Data Security

We implement reasonable security measures to protect the data stored on our Service. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee absolute security.

12. Termination

12.1 Termination by You

You may terminate your account and subscription at any time by following the cancellation procedures outlined in Section 4.3. Upon termination, your access to the Service will end at the conclusion of your current billing cycle.

12.2 Termination by Us

We reserve the right to suspend or terminate your access to the Service, with or without notice, for any reason, including but not limited to a breach of these Terms. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.3 Effect of Termination

Upon Termination:

• Business Users will no longer have access to the Service or any data stored within it
• All automated messages queued for Clients will be deleted
• Business User data will be retained for 30 days after the end of the billing cycle, after which it will be permanently deleted

13. Disclaimer of warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL FUNCTION UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

15. Indemnification

You agree to defend, indemnify, and hold harmless our company, our affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that content or information you provided caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

16. Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Montana, without regard to its conflict of law provisions.

16.2 Arbitration

Any dispute arising from or relating to these Terms or your use of the Service shall be exclusively resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Helena, MT. The judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

16.3 Waiver of Class Actions

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings, whether written or oral.

17.2 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative.

17.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

17.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

17.5 Force Majeure

We will not be liable for any failure or delay in performance of our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to, natural disasters, acts of government, labor disputes, or Internet service disruptions.

17.6 Contact Information

If you have any questions about these Terms, please contact us at:

DETAILERMADE
contact@detailermade.com