Terms of Use

Mobile Application End User License Agreement

Last modified: 10.27

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Washe, LLC (“Company” or “we”). This Agreement governs your use of the WASHÉ application, including all related content and documentation (the “Application”). The Application is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

The Company provides a technology platform which enables users to coordinate and schedule auto-detailing and washing services with independent third party providers of such services (“Service Providers”), who have no affiliation with the Company. The Service Providers will provide the actual auto detailing/washing services on their own distinct terms and conditions.

YOU ACKNOWLEDGE THAT THE COMPANY IS SOLELY A TECHNOLOGY PLATFORM AND DOES NOT PROVIDE AUTO DETAILING/WASHING SERVICES OR OPERATE AS AN AUTO DETAILING/WASHING COMPANY.

License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, non-transferable license to:

1. download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and
2. access, download and use on such Mobile Device the Content and Services (as defined in that section) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services.

License Restrictions. Licensee shall not:

1. copy the Application, except as permitted by this license;
2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

Reservation of Rights. You acknowledge and agree that the Application is provided under a license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions under this Agreement. Company reserves and shall retain all right, title and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Collection and Use of Your Information. You acknowledge that when you download, install or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You may also be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy Policy [INSERT LINK]. By downloading, installing, using, and providing information to or through the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Accessing the Application and Account Security. Company reserves the right to withdraw or amend the Application, and any service or content provided in the Application, in its sole discretion without notice. Company will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application. You are responsible for: (a) making all arrangements necessary for you to have access to the Application; and (b) ensuring that all persons who access the Application through your internet connection/wifi service are aware of this Agreement and comply with it.

If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Application or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

Purchases and Other Terms and Conditions. As a user of the Application, you agree that any amounts charged as a result of a Service Provider providing services to you (“Charges”) are required and must be paid immediately upon completion of a Service Provider’s provision of such services. Charges are set forth in further detail in the Application from time to time, as determined by Company in its sole discretion.

You are permitted to, but are not required to tip your Service Provider.

Company reserves the right to modify the Charges at any time in its sole discretion.

Company reserves the right to charge you a fee of $10.00 for each cancellation of an order after 5 minutes have elapsed from the time the order is placed. Within the first 5 minutes after an order is placed, you may cancel service free of charge.

You, as a user of the Application, shall be responsible for all Charges incurred on your account, regardless of whether you personally incurred or are aware of such Charges. All Charges are processed through a payment processing service that is not affiliated with the Company and the Company may change the selected payment processing service at any time without notice. All payments for services provided by a Service Provider in connection with the use of the Application must be paid through the Washe, LLC Application/payment platform. The Charges are non-refundable, regardless of any disruption to the Application or any platform used by you in connection with the Application, or any other reason. We reserve the right to offer incentives/promotions to any user or no user at all and are not required to offer the same incentives/promotions to all users at the same time. We may seek authorization from your payment method provider in order to verify your payment method and confirm that you are permitted to pay for the services provided in connection with your use of the Application; however, this authorization is not a charge, despite the possibility that it may reduce your overall available credit and may subject you to overdraft or insufficient funds charges. We are not responsible for your overdraft or insufficient funds charges, irrespective of how the charges were incurred.

Intellectual Property Rights. The Application and its contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company and are protected by US and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company name, logo and all related names, logos, product and service names, designs and slogans are intellectual property of Company or its affiliates. You may not use such intellectual property without the prior written permission of Company. All other names, logos, product and service names, designs and slogans in the Application are the intellectual property of their respective owners.

Content and Services. The Application may provide you with access to Company’s website located at https://washe.io (the “Website”) and products and services accessible thereon. The Website and the Application, and the products, services, features, functionality, and content accessible on or through the Application or Website are collectively referred to as “Content and Services”. Your access to and use of such Content and Services are governed by the Terms of Use section and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

Terms of Use.

Generally. These Terms of Use permit you to use the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content and Services, except as follows:

• Your computer or device may temporarily store copies of such Content and Services in RAM incidental to your accessing, viewing and using such Content and Services.
• The Application may be downloaded solely for your own personal, non-commercial use, provided you agree to be bound by this Agreement.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any Content and Services from the Application or Website.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Application or Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Content and Services in breach of this Agreement, your right to use the Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Prohibited Uses.

You may use the Application only for lawful purposes and in accordance with this Agreement. You agree not to use the Application, Content and Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with this Agreement.
• To transmit, or produce the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” text messages, or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses, user names, or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability.

Additionally, you agree not to:

• Use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.
• Use any robot, spider or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.
• Use any manual process to monitor or copy any of the material on the Application or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Application.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application.
• Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Application.

User Contributions. The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, interactive mapping functions and other interactive features (collectively, “Interactive Services”) that allow users and Service Providers to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials, to include their physical location (collectively, “User Contributions”), on or through the Application. All User Contributions must comply with the Content Standards set forth herein. Any User Contribution you post to the Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant us and our affiliates and Service Providers, and each of their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings. You represent and warrant that: (a) you own or control all rights in and to the User Contributions you post and have the right to grant the license granted above to us and our affiliates and Service Providers, and each of their respective licensees, successors and assigns; and (b) all of your User Contributions do and will comply with this Agreement. You understand and acknowledge that you are responsible for any User Contributions you post, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any person or entity for the content or accuracy of any User Contributions posted by you or any other user of the Application (including Service Providers).

If you believe that any User Contribution violates your copyright, please see our contact information in this Agreement and send us a notice of copyright infringement. It is the policy of the Company not to condone intellectual property infringement.

Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or entity.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.

Monitoring and Enforcement.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that you violated their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.
• Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Application. YOU HEREBY WAIVE AND HOLD THE COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Application. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user, Service Provider or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

Prohibited Acts. We reserve the right to deactivate your account in the event you fail to abide by the restrictions set forth in this Agreement. As a user of the Application, you shall not and are prohibited from: violating any law, statute, ordinance or regulation; acting in a deceiving or fraudulent manner; threatening any person; harassing any person; defaming any person’ interfering with the services intended to be provided in connection with the Application; using the Application to infringe on any party’s legal rights, to include intellectual property rights; infringing on our intellectual property rights or acting to copy or mimic the Application in any way; modifying the Application in any way, whether for your own use or the use of another, to include reverse engineering of the Application; using any application to alter the presentation of the Application; creating any liability for the Company; or causing any other party to engage in any of the aforementioned activities.

Reliance on Information Posted. The information presented on or through the Application or Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Application or Website, or by anyone who may be informed of any of its contents. The Application may include content provided by third parties, including materials provided by other users, bloggers and third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing the materials.

Communications, Linking to the Application and Social Media Features. You hereby consent to accept and receive communications from us, and from Service Providers, including via electronic mail (e-mail), text message, phone call, push notification, and any other form of messaging to your e-mail or phone number, as provided by you. You further consent to acceptance of messages delivered via automatic dialing systems. YOU MAY OPT OUT OF PROMOTIONAL MESSAGES BY SENDING AN UNSUBSCRIBE NOTICE TO: info@washe.io. You acknowledge that opting out of receiving promotional messages may impact your use of the Application.

You may link to our Application, provided you do so in a manner that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part

The Application may provide certain social media features that enable you to:

• Link from your own or certain third party applications to certain content on our Application.
• Send e-mails or other communications with certain content, or links to certain content, on the Application.
• Cause limited portions of content on the Application to be displayed or appear to be displayed on your own or certain third party applications.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any application or website that is not owned by you.
• Cause the Application or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website or application.
• Link to any part of the Application other than the homepage or mobile application download page.
• Otherwise take any action with respect to the materials on the Application that is inconsistent with any other provision of this Agreement.

You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Application. If the Application contains links to other applications or websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in the mobile application, advertisements, including banner advertisements and sponsored links. We have no control over the contents of those applications, websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party links, you do so entirety at your own risk and subject to the terms of use of such third party.

Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

1. the Application will automatically download and install all available Updates; or
2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

Third Party Materials. The Application may display, include, or make available third party content (including data, information, applications, and other products, services and/or materials) or provide links to third party websites or services, including through third party advertising (“Third Party Materials”). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Complaints. Any complaints relating to the services performed by a Service Provider shall be submitted to the Company to info@washe.io. The Company will attempt to facilitate any claims or disputes between you and the Service Provider; provided, however, that you acknowledge and agree that the Service Provider is solely responsible for its acts or omissions and that you will seek remedial action solely from the Service Provider or its insurer.

Term and Termination.

1. The term of this Agreement commences when you download the Application and acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section.
2. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
3. Company may terminate this Agreement at any time without notice, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
4. Upon termination:
   1. all rights granted to you under this Agreement will also terminate; and
   2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
5. Termination will not limit any of Company’s rights or remedies under this Agreement, at law or in equity.

Disclaimer of Warranties. WE ARE PROVIDING THE APPLICATION AND THE CONTENT AND SERVICES IN CONNECTION THEREWITH (SPECIFICALLY EXCLUDING THOSE SERVICES BY SERVICE PROVIDERS) WITHOUT ANY WARRANTY AND, AS SUCH, WE DO NOT WARRANT THAT THE APPLICATION WILL BE ACCURATE, FUNCTIONAL AT ALL TIMES, FREE OF ERROR, RESPONSIVE, OR OTHERWISE FREE OF ANY DEFECTS, WHETHER PERCEIVED OR ACTUAL. WE FURTHER DO NOT WARRANT THAT ANY OF THE FOREGOING ISSUES WILL BE FIXED OR THAT THE APPLICATION IS FREE OF MALWARE, VIRUSES OR OTHER HARMFUL PROGRAMS.

WE DO NOT CONTROL THE SERVICE PROVIDERS OR THE QUALITY OF SERVICES THAT THEY PROVIDE TO YOU, NOR DO WE REPRESENT OR WARRANT THE TIMELINESS OF THE SERVICE PROVIDERS OR THE COMPLETENESS OF THEIR WORK, AS EACH IS AN INDEPENDENT CONTRACTOR. THE SERVICE PROVIDERS ARE RESPONSIBLE FOR ALL AUTO DETAILING/WASHING SERVICES AND THE COMPANY IN NO WAY PROVIDES ANY REPRESENTATION OR WARRANTY AS TO THE WORKMANSHIP OR QUALITY OF THE AUTO DETAILING/WASHING SERVICES. WE ENCOURAGE USERS AND SERVICE PROVIDERS TO COMMUNICATE DIRECTLY IN ORDER TO CONFIRM THAT THE DESIRED SERVICES WILL BE PERFORMED AND TO FURTHER CONFIRM THAT THE AGREEMENT IS BEING COMPLIED WITH BY EACH PARTY.

WE DO NOT CARRY INSURANCE FOR SERVICE PROVIDERS, NOR DO WE ASSIST THEM IN OBTAINING ANY INSURANCE COVERAGE WHICH THEY ARE REQUIRED TO OBTAIN AS A SERVICE PROVIDER. SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR ALL INSURANCE COVERAGE RELATING TO THE AUTO DETAILING/WASHING SERVICES. WE DO NOT CARRY INSURANCE THAT PROTECTS THE USERS OR THEIR PROPERTY. AS SUCH, WE RECOMMEND THAT ALL VALUABLES ARE SECURED BY THE USER PRIOR TO PROVIDING THEIR VEHICLE TO A SERVICE PROVIDER. YOU ACCEPT ALL RISKS ASSOCIATED WITH USING THE APPLICATION AND ANY OF THE SERVICES PERFORMED INCIDENT THERETO AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS OR SERVICE PROVIDERS, AS APPLICABLE IN EACH INSTANCE. SERVICE PROVIDERS HAVE BEEN ADVISED NOT TO DRIVE OR OPERATE YOUR VEHICLE. PERMITTING THEM TO DO SO IS AT YOUR OWN RISK AND EXPENSE.

WE ARE NOT RESPONSIBLE FOR THE SAFEKEEPING OF ANY PERSONAL INFORMATION DISCLOSED IN CONNECTION WITH YOUR USE OF THE APPLICATION AND WE DISCLAIM ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY OTHER PERSONS OR ENTITIES WHO OBTAIN SUCH INFORMATION, WHETHER RIGHTFULLY OR WRONGFULLY OBTAINED.

THE APPLICATION MAY PROVIDE LOCATION DATA TO USERS, SERVICE PROVIDERS AND OTHER THIRD PARTIES. AS SUCH, LOCATION DATA IS NOT PRIVATE AND, BY USING THE APPLICATION, YOU MAY BE SHARING LOCATION DATA OR RELYING UPON LOCATION DATA THAT MAY LEAD TO UNKNOWN RISKS, AS THE ACCURACY OF SUCH LOCATION DATA IS NOT GUARANTEED BY US AND OTHERS MAY HAVE ACCESS TO LOCATION DATA THAT YOU DID NOT INTEND TO SHARE WITH THEM.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET, ANY MOBILE APPLICATION SOURCE, OR THE APPLICATION WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR APPLICATION FOR ANY RECONSTRUCTION OF ANY LOST DATA.

WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY CONTENT OR SERVICES OBTAINED THROUGH THE APPLICATION.

THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

1. PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOST PROFITS OR REVENUE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $500.

IN ADDITION, COMPANY IS NOT RESPONSIBLE FOR DAMAGE TO, THEFT, OR LOSS OF USERS’ PROPERTY, OR THE ACTS OF OTHER USERS, SERVICES PROVIDERS OR THIRD PARTIES. THIS INCLUDES ANY LIABILITY FOR DAMAGE OR THEFT TO PROPERTY BY SERVICE PROVIDERS OR THIRD PARTIES PROVIDING AUTO DETAILING/WASHING SERVICES. USERS AGREE THAT THEY USE THE APPLICATION AND THE RELATED CONTENT AND SERVICES AT THEIR OWN RISK.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification. You agree to indemnify, defend and hold harmless Company and its insurers, officers, managers, members, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application. Additionally, you agree to hold harmless Company from and against any and all losses, damages, liabilities, claims, actions, judgments, costs or expenses of whatever kind arising from or relating to damage or liability resulting from (i) services provided by Service Providers or Third Parties in connection with the auto detailing/washing services, or (ii) your failure to comply with this Agreement.

Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

Limitation on Time to File Claims. TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States or any of its territories or possessions. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

Severability. If any provision of this Agreement is invalid, illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.

Arbitration; Class Action Waiver.

1. If not resolved through negotiation, and except as qualified below, any dispute between You and the Company or any of either Party’s affiliates arising under, out of, in connection with or in relation to this Agreement, the Parties’ relationship, or Company’s business must be submitted to binding arbitration under the authority of the Federal Arbitration Act and must be determined by arbitration administered by the American Arbitration Association pursuant to its then-current commercial arbitration rules and procedures. Any arbitration must be on an individual basis and the Parties and the arbitrator will have no authority or power to proceed with any claim as a class action or otherwise to join or consolidate any claim with any other claim or any other proceeding involving third parties. If a court determines that this limitation on joinder of or class action certification of claims is unenforceable, then this entire commitment to arbitrate will become null and void and the Parties must submit all claims to the court(s) of competent jurisdiction. The arbitration must take place in the county where Company’s headquarters is located at the time of the dispute. The arbitrator must follow the law and not disregard the terms of this Agreement. A judgment may be entered upon the arbitration award by any state or federal court of competent jurisdiction. The decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator may not under any circumstances: (a) stay the effectiveness of any pending termination of this Agreement; (ii) assess punitive, exemplary or consequential damages; or (iii) make any award which extends, modifies or suspends any lawful term of this Agreement or any reasonable standard of business performance that Company sets. The arbitrator, and not a court, shall have exclusive authority to resolve any dispute over the enforceability of all or any part of this Section. In the event that any one or more provisions of this Section shall be or become invalid, illegal or unenforceable in any respect, the validity legality and enforceability of the remaining provisions of this Section shall not be affected thereby.
2. Notwithstanding the foregoing, the Parties agree that the following claims will not be subject to arbitration: (a) any action for declaratory or equitable relief, including, without limitation, seeking preliminary or permanent injunctive relief, specific performance, other relief in the nature of equity to enjoin any harm or threatened harm to such Party’s tangible or intangible property, brought at any time, including, without limitation, prior to or during the pendency of any arbitration proceedings initiated hereunder; and (b) any action in ejectment or for possession of any interest in real or personal property.

Non-Disparagement. You agree and covenant that you will not at any time make, publish, or communicate to any person or entity or in any public forum, social media, or other medium, any defamatory or disparaging remarks, comments, or statements concerning the Company or its business, or any of its employees, officers, contractors, customers, owners, and other associated third parties. This provision does not, in any way, restrict or impede you from exercising protected rights to the extent that such rights cannot be waived by agreement under applicable law.

Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Modifications to Agreement. Company may revise and update this Agreement from time to time in its sole discretion. All modifications are effective immediately when posted, and apply to all access to and use of the Application thereafter. However, any changes will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Application. Your continued use of the Application following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Your Comments and Concerns. The Application and Website are operated by Washe, LLC: 101 Plaza Real South (Royal Palm Plaza), Suite 210, Boca Raton, Florida 33432.

All notices of copyright infringement claims should be sent to Washe, LLC at the above address.

All other feedback, comments, requests for technical support and other communications relating to the Application should be directed to: info@washe.io

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