Terms of Service

Section 1 – General

The Service is a comprehensive, customizable application that allows mobile detailing businesses to run their day-to-day operations, manage customer relationships, process transactions, schedule appointments, and streamline business operations.

Although we intend to retain 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.

Subject to these Terms, you are granted a non-exclusive, limited, right to use and access the Service. However, we reserve the right to terminate your right to use the Service at any time for any reason or for no reason at all, although we will provide you with notice in the event we elect to terminate.

The Service, including but not limited to all images, icons, text, software, logos, expressions, and ideas, is owned by us and is protected by copyright, trademark and other intellectual property laws.

The Service may be accessed through your personal computer, tablet, smartphone or other electronic device. These Terms apply regardless of the method by which you access the Service.

Section 2 – Information and Pricing

We endeavor to keep information that is made available through the Service accurate, complete and current, but we are not responsible if information is inaccurate, incomplete or out-of-date.

Prices for the Service are set forth at detailers.app/pricing, but pricing is subject to change.

Payments for the Service are not collected by us, but are processed through our payment processors, currently Stripe (www.stripe.com).

Section 3 – Customer Portal and Online Services

The Service will facilitate your customer's ability to book appointments, view service history, manage payment methods, and interact with your detailing business through the customer portal. You are solely responsible for the content, pricing and policies related to all services and appointments. These policies should be available to your customers through the Service.

Access to customer-specific features is limited to authorized customers only.

Payment Processing

Payment processing fees and rates are determined by our payment processor (Stripe). Actual processing costs and timelines are subject to the payment processor's terms and conditions.

State Sales Tax

Any applicable sales tax rates are provided by third-party vendors and it is up to you, and not us, to remit any applicable taxes to the appropriate taxing authority. If you choose to utilize the Service's payment processing features, we recommend that you consult with a tax professional to ensure proper tax compliance. If you have economic nexus responsibilities in states beyond your domicile state, contact us at info@detailers.app to properly configure your account.

Section 4 – Account Information

In order for us to best serve you, you agree to provide current, complete and accurate account information to us, including your business phone number and business email address. If there are any changes to this account information, please update it with us promptly.

You are responsible for safeguarding your account credentials and for any activities that occur under your account.

Cancellations

You may cancel your subscription to the service at any time.

We do not refund subscription payments after they are processed. If you subscribe to Detailers and then cancel at a later date/time, your access to Detailers will remain open until the end of your current billing cycle.

If you choose to cancel your subscription, or have it canceled due to lack of payment, the following will take place:

• All access to the data contained within the system is prohibited at the end of your current billing cycle
• All automated messages that are queued for customers are deleted upon active cancellation
• All data associated with the account is deleted 30 days after the end of your current billing cycle

Section 5 – Third-Party Tools and Third-Party Websites

The Service may provide you with access to third-party tools ("Third-Party Tools") that we do not monitor, nor do we have any control or input. Access to the Third-Party Tools is provided on an "as is" and "as available" basis, without any warranties and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of the Third-Party Tools.

Similarly, the Service may contain links to certain third-party websites that provide content, products and services ("Third-Party Websites") that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any Third-Party Websites. You should carefully review all of the terms and conditions associated with the Third-Party Websites before using them. We do not have any responsibility or liability for your use of such Third-Party Websites.

Please review carefully the applicable terms and conditions of the Third-Party Tools and Third-Party Websites and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Tools or Third-Party Websites should be directed to the relevant third-party.

Section 6 – Use of the Service for Customer Contact and Marketing

The Service facilitates your ability to contact your customers via email, SMS, or push notifications. This feature is to be used solely to provide relevant information to your customers related to their appointments, service reminders, and business communications, and not for general marketing, advertising or promotional purposes without proper consent. You, and not us, are responsible for ensuring that all customer communications comply with applicable law, including, without limitation, the federal Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other relevant regulations.

Section 7 – Comments and Feedback

We welcome any feedback you have on the Service, positive or negative. However, if you send us ideas, suggestions, proposals, plans via any medium (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use such Comments for any purpose.

Section 8 – Personal Information and Privacy Policy

Your submission of personal information to us will be governed by our Privacy Policy, which is incorporated here by reference. As referenced above, payments are collected by third-party processors, primarily Stripe. Stripe's Privacy Policy is available for review at stripe.com/privacy.

Section 9 – Prohibited Uses of the Service

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Service:

• (a) for any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
• (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of third parties;
• (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• (e) to submit false or misleading information;
• (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service;
• (g) to collect or track the personal information of others in any unlawful manner;
• (h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
• (i) for any obscene or immoral purpose;
• (j) to interfere with or circumvent the security features of the Service.

We reserve the right to terminate your use of the Service or any related website for engaging in any of the prohibited uses.

Section 10 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided "as is" and "as available", without any representations or warranties, either express or implied. We disclaim all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Section 11 – Limitation of Liability

To the extent permitted by law, in no event shall Esaias and Company, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Our maximum liability for your use of the Service is equal to the fees paid by you to us for the one (1) year before any claim arose.

Section 12 – Indemnification

You shall indemnify, defend and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including reasonable attorneys' fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the Service or your violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.

Section 13 – Miscellaneous

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties that are intended to survive past your use of the Service shall do so.

The failure of either us or you to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

These Terms shall be governed by and construed in accordance with the laws of The State of Texas, without reference to otherwise applicable principles of conflicts of law. Any dispute related to these Terms or your use of the Service shall be resolved through binding arbitration, and you and us submit to such jurisdiction and venue. Judgments may be enforced in any court having jurisdiction over such matters.

Questions about this Privacy Policy or any requests to access, correct, update, and/or delete any of your personal information should be sent to us:

Email
info@detailers.com

Phone
1 (512) 361-4466

Mail
Esaias and Company
4810 Brisa Way
Austin, Texas 78730