Detailr Corp – Terms of Service Agreement

processing fee described in Section 5.2 (which the Customer pays and/or which are deducted accordingly), Detailr does not take any commission from you. If Detailr ever introduces a commission or a different fee model for Detailers, it will be communicated to you in advance and would likely require an update to these Terms or your explicit agreement. It is your responsibility to factor in all your costs (supplies, travel, labor, etc.) when creating your packages and add-on services. Do not create or accept a booking for a package if the resulting payout is unsatisfactory to you. Once a job is booked with you, you are obligated to complete it at the agreed-upon payout, unless the Customer materially alters the scope (in which case you should contact Detailr to adjust the price or cancel the booking).

10.11 Payment and Chargebacks: Detailr will remit payments to you as described in Section 5.6. However, all payments are subject to the condition that the underlying Customer payment is successful and not later reversed. If a Customer’s payment is disputed, charged back, or reversed after you have been paid out, Detailr will notify you of the dispute. In such event, Detailr reserves the right to recover the amount in question from you. This may be done by deducting from your future payouts, charging your linked bank account or card on file, or issuing you an invoice for the amount. Additionally, if the chargeback incurs a fee from the payment processor (for example, Stripe may charge a dispute fee), we will pass that fee on to the party responsible for the chargeback. Typically: if the Customer initiates a chargeback that we determine is unjustified (for instance, fraudulent claim after a legitimate service), the Customer will be liable for that amount and an additional admin fee of $5 (to cover handling the dispute) and their account may be terminated. If the Detailer is at fault (for instance, the Customer rightfully disputed because the service was not delivered or was grossly inadequate), then the Detailer will bear the loss of that payment and cover any associated fees (we may deduct it as described above). Detailr will make a good-faith effort to contest unjustified chargebacks with the payment processor, but we do not guarantee success. You agree to cooperate with any investigations into chargebacks, providing evidence or statements as needed. Note: If you receive notice of a dispute and fail to respond or provide requested information, we may resolve it without your input, possibly to your detriment, so it is in your interest to respond promptly.

10.12 Indemnification by Detailers: In addition to the general indemnification clause in Section 17, Detailers specifically agree to defend, indemnify, and hold harmless Detailr Corp, its affiliates, and its and their officers, directors, employees, agents, and assigns (the “Detailr Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) property damage, theft, or loss (including damage to or loss of any Customer’s vehicle or possessions) allegedly caused by your actions or omissions in the course of a detailing service; (b) personal injury or death of any person (including Customers, bystanders, or other third parties) allegedly caused by your acts or omissions; (c) your breach of any representation, warranty, or obligation in these Terms (for example, if you did not actually carry the insurance you claimed, or you violated Section 10.9 on off-platform solicitation); (d) your violation of any law or regulation, including but not limited to environmental laws, privacy laws (e.g., misuse of personal data), and employment/tax laws (including any claim that Detailr was an employer or joint employer of you or anyone you engage — you agree to indemnify us against any claim or finding that you were misclassified as an independent contractor); and (e) any claim made against Detailr by a Customer or other third party arising from your services or conduct. This means if the Company is sued or incurs any expense because of something you did (or failed to do) in connection with using our platform or providing your services, you will cover all costs and liabilities incurred by the Company to the fullest extent permitted by law. Detailr reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case you will cooperate with us in asserting any available defenses).

10.13 Account Deactivation: Detailr may deactivate or terminate a Detailer’s account as provided in Section 19 (Termination). In general, if you decide to stop using the platform as a Detailer, you can simply stop accepting requests or ask us to deactivate your account. If Detailr terminates your account due to a breach of these Terms or misconduct, you will be notified. Upon any termination of your Detailr account, you will be paid for any completed services that were properly performed up to the date of termination, minus any amounts owed to Detailr (such as unpaid penalties or chargebacks). However, if we terminate your account due to fraud, illegal conduct, or other serious violations, we may withhold payouts as needed to offset any damages or pending disputes. All provisions of these Terms that by their nature should survive termination (such as indemnification, limitations of liability, etc.) will survive as described in Section 19. As an independent contractor, you are free to disengage from the platform at any time, but you remain bound by the post-termination obligations in these Terms.

10.14 Photo Documentation: You agree to comply with Detailr’s photo documentation requirements for each job. This means you will take clear “before” photographs of the vehicle’s condition prior to starting the detailing service and “after” photographs once the service is completed, as prompted by the App. You must upload these photos through the App as verification of the work performed. These photo requirements are mandatory for quality assurance, dispute resolution, and record-keeping purposes. Failure to provide the required before-and-after photos for a job may result in delayed or withheld payouts for that job, warnings to your account, or other appropriate consequences, since providing photo proof of service completion is a condition of using the platform as a Detailer.

 

11. General User Conduct Rules

These rules apply to all users, both Customers and Detailers (and any other users of the App):

• Legal Compliance: You agree to comply with all applicable local, state, and federal laws and regulations when using the App and Services. This includes (but is not limited to) laws regarding privacy, data transfer, vehicle maintenance, environmental protection, intellectual property, and contract performance. You may not use the Services for any illegal or unauthorized purposes.
   

• Appropriate Behavior: You must treat others on the platform with respect. Harassment, hate speech, abuse, discrimination, or any form of threatening or offensive behavior is strictly prohibited. This applies to communications through the App as well as in-person interactions during service appointments. Detailr has the right to remove any user who engages in such misconduct, and we may also report serious incidents to law enforcement if appropriate.
   

• No Dangerous Items or Illegal Services: Customers cannot request, and Detailers cannot perform, any services that are illegal or that would require handling of dangerous materials outside the scope of standard auto detailing. For example, you may not use the platform to request or offer cleaning of a vehicle that has hazardous chemical spills requiring a specialized hazmat team, or any service that would violate environmental or safety laws. Detailers should decline any request from a Customer that involves illegal activity or anything that you are not qualified or licensed to handle.
   

• No Commercial Use or Data Scraping: The App and Services are for the use of individual consumers and independent service providers for the permitted purposes described. You agree not to use any automated system (robots, spiders, etc.) to access the platform for data mining or extraction. You also may not use the platform to advertise or promote third-party products or services to other users without our written permission.
   

• Content Standards: When posting any content or communications on the App (such as reviews, ratings, photographs, vehicle information, or messages), you agree that such content will be accurate (to the best of your knowledge), relevant, and respectful. You may not post content that: (a) is false or misleading; (b) is defamatory or libelous; (c) is obscene or pornographic; (d) promotes violence or illegal activities; (e) contains viruses or malicious code; or (f) violates any third-party rights (including intellectual property or privacy rights). If you upload photos (for example, before-and-after pictures of a detailing job or profile pictures), they must be appropriate and relevant to the purpose. For instance, a Customer review photo should actually depict the vehicle or service received, and a Detailer’s profile photo should be a real image of the Detailer or their work, not a random image unrelated to detailing. Off-topic or inappropriate images or text are not allowed. Detailr reserves the right (but is not obligated) to monitor, edit, or remove any user content that we believe, in our sole discretion, violates these standards or is otherwise objectionable.
   

• No Spam or Unauthorized Marketing: You may not use the App to send unsolicited commercial messages (“spam”) to others or to post unauthorized advertisements or promotional materials. Detailers may advertise their services within the platform as intended (through their profile and service listings), but may not send bulk promotional messages to users outside of the booking context or outside of platform features.
   

• Reporting Misconduct: If you become aware of any violation of these conduct rules, inappropriate content, or any other misuse of the platform, please report it to Detailr (through the App’s reporting function or to our support contact info). Users are encouraged to report any illegal activity, harassment, hate speech, or any other conduct that undermines the safety and integrity of the community. We take such reports seriously and will investigate and take appropriate action.
   

Remember that your use of the App is a privilege, not a right. Detailr expects all users to behave responsibly and with integrity. We may take any enforcement action we deem necessary to address violations, including removing content, issuing warnings, suspending accounts, or permanently banning users from the platform.

12. Privacy and Data Use

Your privacy is important to us. Our practices regarding the collection, use, and protection of user personal information are described in our Privacy Policy, which is hereby incorporated into these Terms by reference. By using the Services, you also agree to the terms of the Privacy Policy. Key points include:

• Data Collection: When you register and use the platform, Detailr collects certain information from you, such as your name, contact information, location (for service bookings), payment details (processed by Stripe), vehicle information, and (for Detailers) background or identity verification data and banking information for payouts. We collect and use this data for purposes of providing the Services (e.g., connecting Customers and Detailers, facilitating payments, customer support, etc.), improving our platform, and for safety and legal compliance (such as fraud prevention, record-keeping).
   

• Data Sharing: In general, Detailr will share your personal information with other users only to the extent necessary to facilitate the services. For example, when there is a booking, a Customer’s first name, service location, and vehicle details will be shared with the assigned Detailer; the Detailer’s first name, profile, and contact number will be shared with the Customer. Contact information (like phone numbers and or addresses) is only made available to the parties of a booking and Detailr Corp only when the booking is submitted. The Detailer is required to destroy this data 24 hours after the job is completed Use of this information outside that time window or for purposes unrelated to the service is strictly prohibited. Both Customers and Detailers must handle any personal information received through the platform in compliance with applicable privacy laws and these Terms.
   

• Payment Information: All payment processing is handled by Stripe. Detailr does not store full credit card numbers or banking passwords. We may store tokens or IDs associated with your payment accounts as provided by Stripe to enable transactions. Detailers’ bank account information for payouts is stored securely and used only for that purpose. We take commercially reasonable measures to protect financial data.
   

• Data Security: Detailr implements reasonable security measures to protect user data. However, no system is 100% secure. By using the platform, you acknowledge that there is inherent risk in transmitting information over the internet and that we cannot guarantee absolute security of your data. Detailr will notify users and authorities as required by law in the event of any data breach that compromises personal information. Detailers: given that you provide banking information for payouts, you acknowledge that Detailr will store this information. We will use industry-standard practices to safeguard it, but (to the extent permitted by law) you agree that Detailr will not be liable for any unauthorized access or disclosure of that information, provided we have followed applicable data protection laws and used reasonable precautions. (Nothing herein is meant to waive any rights you have under data breach notification laws or other privacy regulations.)
   

• Applicable Privacy Laws: Detailr complies with applicable U.S. federal and state privacy laws. This includes the California Consumer Privacy Act (CCPA) and its amendments (such as the CPRA), to the extent they apply, as well as the Children’s Online Privacy Protection Act (COPPA) (we do not knowingly collect personal information from children under 13, and if we become aware that a child under 13 has provided us information, we will promptly delete it). We also adhere to any other relevant laws governing personal data, data security, and breach notification. For a full description of your rights and our obligations under these laws (such as California users’ rights to access or delete personal information), please review the Privacy Policy. California users: if you have questions about our data practices or your rights under California law, you can contact us using the information provided in the Privacy Policy.
   

In summary, by using Detailr, you consent to the collection and use of your information as outlined in the Privacy Policy. If you do not agree with our data practices, please do not use the Services. Always exercise caution and only provide information that is necessary – for example, Customers should not share more personal info with a Detailer than needed for the service, and Detailers should likewise only use Customer info for the job at hand.

13. Intellectual Property and User Content

13.1 Ownership of the Platform: All content and materials comprising the Detailr App and Services, including but not limited to the software, databases, website design, text, graphics, logos, trademarks, service marks, brand names, and any other intellectual property (collectively, “Platform IP”), are owned by or licensed to Detailr Corp and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Detailr (and its licensors, if applicable) retains all right, title, and interest in and to the applicable Platform IP. Nothing in these Terms transfers any ownership of the Platform IP to you.

13.2 Limited License to Users: Subject to your compliance with these Terms, Detailr grants you a limited, revocable, non-exclusive, non-transferable license to access and use the App and Services for your personal (or internal business) use. This license is solely for the purpose of using the platform to arrange, transact, or provide auto detailing services as intended, and no other purpose. You may not resell or sublicense the App, and you have no rights to the underlying software (except to use the App interface as provided). If you violate these Terms, this license will automatically terminate. You also agree not to (and not to attempt to) reverse engineer, decompile, or otherwise extract the source code of any software on the platform, nor to remove or obscure any copyright, trademark, or other proprietary notices on the platform.

13.3 Detailr Trademarks: “Detailr”, the Detailr logo, and any other product or service names or slogans that are displayed on the App and that are identified as proprietary to Detailr are trademarks of Detailr Corp (the “Detailr Marks”). You are not permitted to use any of the Detailr Marks without our prior written consent. All other marks and logos on the platform may be trademarks of their respective owners.

13.4 User-Generated Content: The platform may allow users to create, upload, post, send, or store content such as text (e.g., reviews, descriptions, messages), images (e.g., photos of completed work or profile pictures), or other materials (collectively, “User Content”). By submitting or posting any User Content through the Services, you affirm that: (a) you own or have the necessary rights to the User Content, and you grant to Detailr and its affiliates a worldwide, transferable, sublicensable, royalty-free, perpetual, irrevocable license to use, reproduce, distribute, adapt, publicly perform, publicly display, and otherwise exploit that User Content in any media, for the purpose of providing, promoting, or improving the Services; and (b) your User Content, and the use of it by Detailr as contemplated by this license, does not violate any law or infringe the rights of any third party (such as copyrights, privacy rights, or rights of publicity). This license to Detailr means, for example, that we may display your reviews and photos on our App to other users, we might use excerpts in marketing materials (e.g., showcasing a positive testimonial), or we may moderate and edit content for clarity or to remove prohibited elements. You continue to own any intellectual property rights in the content you create (e.g., your photos remain yours), subject only to the license you give us to use it.

13.5 Content Guidelines and Moderation: You agree that you will not upload or transmit any User Content that violates the Content Standards outlined in Section 11 (e.g., no inappropriate or irrelevant photos, no hateful or illegal material, etc.). While Detailr does not actively monitor all User Content, we reserve the right to review, screen, and delete or remove (without notice) any User Content at any time and for any reason, including if we determine in our sole judgment that the content is objectionable or violates these Terms. However, Detailr is not responsible for User Content; we do not endorse or guarantee the accuracy or reliability of any content posted by users. Users are solely responsible for their own content. If you encounter content that you believe violates our policies or is illegal, please report it to us.

13.6 No Responsibility for User Content: Detailr shall not be liable for any claims arising from User Content, including any claim of defamation, error, omission, falsehood, obscenity, pornography, profanity, or infringement of intellectual property or privacy rights. You understand that by using the Services, you may be exposed to User Content that you find offensive or objectionable. If so, your sole remedy is to cease using the Service or specific feature. However, we encourage you to notify us of any problematic content.

13.7 Feedback: If you provide Detailr with any suggestions, comments, or other feedback about our Services (“Feedback”), you hereby grant Detailr a perpetual, sublicensable, transferable, worldwide license to use and incorporate such Feedback into the Services or otherwise, without payment or condition.

13.8 Injunctive Relief for IP Misuse: You acknowledge that any breach of the obligations regarding intellectual property, or misuse of the platform in violation of Section 13 or 11, could cause irreparable harm to Detailr for which monetary damages may be inadequate. Accordingly, in addition to other remedies, Detailr reserves the right to seek injunctive or other equitable relief (without the requirement to post a bond) in a court of competent jurisdiction to prevent or curtail any actual or threatened breach of this Section 13 or unauthorized use of the Detailr platform, trademarks, or other intellectual property. Similarly, this provision does not limit either party’s right to seek temporary injunctive relief as provided in Section 18.5 (certain disputes regarding IP or confidential information may be brought to court notwithstanding the arbitration clause).

14. NO WARRANTIES (Disclaimer of Warranties)

THE DETAILR APP AND ALL SERVICES PROVIDED BY DETAILR ARE OFFERED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DETAILR CORP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT limited TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES (OR ANY DETAILING SERVICE SCHEDULED THROUGH OUR PLATFORM) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE ERROR-FREE, OR OPERATE UNINTERRUPTED. FOR EXAMPLE, WE MAKE NO WARRANTY THAT: (A) THE QUALITY OF ANY DETAILING SERVICES PURCHASED THROUGH THE APP WILL BE TO YOUR SATISFACTION OR WILL MATCH ANY DESCRIPTIONS, (B) THE APP OR SERVERS WILL BE FREE OF VIRUSES, HARMFUL COMPONENTS, ERRORS, OR SECURITY BREACHES, OR (C) ANY ERRORS IN THE APP OR SOFTWARE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM USING THE APP. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED FROM DETAILR OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IF PROHIBITED BY LAW.

15. No Ownership of Vehicles; Release of Liability for Vehicle and Property Issues

Detailr is a neutral platform that never takes possession, custody, or control of any vehicles or other personal property involved in the services arranged through our App. At no point will Detailr or any of its employees or agents physically handle, drive, or keep the keys to a Customer’s vehicle. All detailing work is performed by independent Detailers, and the vehicle remains in the care and control of the Detailer and Customer.

By using the platform, both Customers and Detailers acknowledge and agree to the following:

• No Transfer of Ownership or Custody: Detailr does not own or claim any title to any vehicle that is serviced through the platform. We do not buy, sell, hold, or bail any vehicles. The vehicle is and always remains the Customer’s (or the Customer’s rightful possession). When a Detailer is working on a vehicle, custody of the vehicle remains between the Customer and the Detailer; Detailr is never in the chain of possession.
   

• No Physical Handling or Inspection: Detailr does not inspect, move, drive, or operate any vehicle before, during, or after a detailing service. We do not perform pre-service or post-service inspections of vehicles, nor do we supervise the detailing work in person. As such, Detailr disclaims all responsibility for any damage, loss, or theft of the vehicle or any items in or on the vehicle that may occur during or in connection with a detailing service. This disclaimer applies whether the incident is caused by the Detailer, the Customer, a third party, or an unknown cause. Responsibility for safeguarding the vehicle, its keys, and its contents lies solely with the Customer and Detailer. For example, if a Customer leaves valuable items in the car during a detail and those items go missing, or if a Detailer accidentally damages a part of the car, that is a matter to be resolved between the Customer and Detailer. Detailr is not responsible for such losses or damages.
   

• No Responsibility for Condition or Contents: Detailr is not responsible for the condition of any vehicle or any pre-existing issues. We also are not responsible for any personal belongings left in the vehicle or around the service location. Customers should remove or secure any valuables before the Detailer begins work. Any personal property (like GPS devices, dash cams, sunglasses, garage door openers, etc.) left in or around the vehicle is there at the Customer’s own risk. While Detailers are expected to act professionally and honestly (and not disturb or steal any property), any claim of missing or damaged property is strictly between the Customer and the Detailer (subject to the Detailer’s indemnification obligations and insurance). Detailr will not mediate property claims except to facilitate communication as a courtesy.
   

• Weather and Events Outside Control: Customers and Detailers both understand that certain events outside anyone’s control (such as extreme weather, natural disasters, accidents, or civil disturbances) could impact the scheduling or completion of a detailing service, or could cause damage to a vehicle during a service. Detailr is not liable for any cancellations, delays, or damages caused by events beyond our control, including but not limited to rain or other weather conditions that interfere with a scheduled outdoor detailing, accidents or injuries that occur on the premises, acts of God, pandemics or public health events, or any other force majeure event. In such cases, Detailr will work with the parties to reschedule or otherwise accommodate, but the Company will not be responsible for losses arising from the delay or cancellation.
   

• Resolution of Vehicle Damage Disputes: If a dispute arises between a Customer and a Detailer regarding alleged damage to a vehicle or missing items from a vehicle, the Customer and Detailer agree to attempt in good faith to resolve the dispute directly between them. This might involve the Detailer’s insurance (if a claim is warranted) or a negotiated settlement (for example, paying for a repair or replacing an item). Detailr may, at its discretion, assist with the communication and documentation of the issue (as described in Section 8 on complaints), but Detailr is not an arbitrator or insurer of vehicle damage disputes. Except as may be required by law or explicitly provided in a refund under Section 8, Detailr will not assume liability or pay for repairs or losses. Both Customers and Detailers, by using the platform, release Detailr Corp and its affiliates from any liability arising out of or related to damage, theft, or loss of vehicles or property during a detailing service. This release does not affect any claim a Customer may have against the Detailer (or vice versa); it simply means you cannot hold Detailr responsible for the other party’s actions or for accidents.
   

In summary, Detailr’s role is solely to facilitate connections and payments. We do not physically handle vehicles, so we cannot be responsible for what happens to them. Customers and Detailers should exercise due care and carry appropriate insurance (Customers should have auto insurance, Detailers must have liability insurance as per Section 10.3) to protect against losses. You assume the risks inherent in allowing a third party to work on your vehicle or in working on someone else’s vehicle, and you agree that Detailr has no liability for any harm or injury to persons or property that may result.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DETAILR CORP (OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, PERSONAL INJURY (EXCEPT AS PROVIDED BELOW), OR PROPERTY DAMAGE RELATED TO THE SERVICES, THE PERFORMANCE OF ANY DETAILER, OR YOUR ACCESS TO AND USE OF THE APP, EVEN IF DETAILR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DETAILR’S TOTAL AGGREGATE LIABILITY TO ANY USER FOR ALL CLAIMS, LOSSES, OR DAMAGES ARISING UNDER OR RELATED TO THESE TERMS OR THE USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, SHALL NOT EXCEED (A) THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC BOOKING IN QUESTION, OR (B) $100.00 USD, WHICHEVER IS GREATER.

The above limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not fully apply to you – in such cases, Detailr’s liability is limited to the greatest extent permitted by law. This limitation of liability does not purport to limit liability that cannot be limited under law. In particular, nothing herein shall limit or exclude Detailr’s liability for its own willful misconduct or gross negligence, or for death or personal injury caused by a Detailr Party’s negligence to the extent such liability cannot be excluded or limited under applicable law. However, you agree that any liability of Detailr in connection with a detailing service performed by a Detailer (an independent contractor) will be extremely limited, since Detailr is not the one performing the work or in possession of the vehicle. You also agree that the foregoing limitations are a fundamental part of this agreement and that in the absence of such limitations, the terms of this agreement, including the fees charged, would be substantially different.

17. Indemnification (General)

You (whether a Customer, Detailer, or other user) agree to defend, indemnify, and hold harmless Detailr Corp, its parent, affiliates, and their respective officers, directors, employees, partners, agents, licensors, successors and assigns (the “Indemnified Parties”) from and against any and all claims, demands, lawsuits, investigations, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and litigation costs) arising out of or relating to: (a) your use of the App or Services (including any services or goods obtained by you through the App); (b) your breach or violation of any of these Terms, any additional rules, guidelines, or policies applicable to the Services, or any representation or warranty made by you herein; (c) your violation of any law or regulation in connection with your use of the Services (for example, if you engage in illegal conduct or violate traffic laws while performing a job); (d) any User Content you submit or transmit through the App (including any claim that your content infringes or misappropriates third-party rights or is defamatory); and (e) your negligence, misconduct, or other wrongful act or omission in the course of using the Services (including, for Detailers, any claims arising from the services you provide to Customers).

This general indemnification obligation is separate from and in addition to the specific Detailer indemnity in Section 10.12. If you are a Detailer, you are bound by both indemnity provisions; however, any claim related to your services would logically fall under the Detailer-specific terms. If you are a Customer, this general indemnity would cover, for instance, claims arising from your misuse of the platform, your providing of a vehicle without authorization, your harassment of a Detailer, or other such conduct.

Defense and Cooperation: The Indemnified Parties have the right (but not the obligation) to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with their defense of such claim. You may not settle any claim in a manner that imposes any liability or obligation on Detailr without our prior written consent. Detailr will use reasonable efforts to notify you of any claim subject to this indemnification upon becoming aware of it.

18. Dispute Resolution and Arbitration

Please read this section carefully. It requires you to arbitrate disputes with Detailr and limits the manner in which you can seek relief from us, unless you opt out of arbitration as provided below. This Section 18 shall be governed by the Federal Arbitration Act and, where applicable, California law (particularly for certain consumer issues as noted).

18.1 Governing Law: Except as otherwise provided in this Section, these Terms and any dispute between you and Detailr will be governed by the laws of the State of California and applicable U.S. federal law, without giving effect to any conflict of law principles that would result in the application of the laws of another jurisdiction. However, the Federal Arbitration Act (9 U.S.C. §1 et seq.) governs the interpretation and enforcement of the arbitration agreement in Section 18.2. If for any reason the arbitration agreement is found not to apply to a given dispute and the dispute proceeds in court, the law of Delaware (the state of incorporation of Detailr Corp) may govern certain aspects per the original intent of the parties (as indicated in the Introduction referencing Delaware law) except where California law is mandatorily applicable. In any event, we do not intend for the application of Delaware law to deprive California consumers of the protections of California law; therefore, any rights you have under California consumer protection laws or other state-specific laws remain available to you.

18.2 Agreement to Arbitrate: You and Detailr agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services (each, a “Claim”) shall be resolved exclusively by binding arbitration on an individual basis. This arbitration requirement applies to all Claims under any legal theory (contract, tort, statute, fraud, misrepresentation, or otherwise). By agreeing to arbitration, both you and we are waiving the right to a jury trial or to litigate in court (except for matters that may be brought in small claims court or requests for certain injunctive relief as provided in Section 18.3). Arbitration is typically more limited, more efficient, and less costly than litigation and is subject to limited review by courts.

18.3 Exceptions – Injunctive Relief and Intellectual Property: Notwithstanding the above, either party may choose to pursue in court a temporary or preliminary injunction or other equitable relief to protect that party’s intellectual property or confidential information (including trade secrets) or to prevent imminent harm or unfair competition, as provided in Section 13.8 and 18.6. Also, as set forth in Section 18.6 below, either party retains the right to seek relief in small claims court for individual disputes or claims within the scope of that court’s jurisdiction, in lieu of arbitration.

18.4 Arbitration Procedures: Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time a claim is filed (the “AAA Rules”), except as modified by this Agreement. You can find the AAA Rules on AAA’s website or by calling AAA. If AAA is not available or willing to handle the dispute, the parties shall agree on an alternative arbitral forum with similar rules or the court shall appoint one. The arbitration shall be conducted by a single, neutral arbitrator. If the parties cannot agree on an arbitrator, one will be appointed by AAA according to the AAA Rules. The arbitrator is bound by the terms of these Terms. Location: If you are a consumer (i.e., using the Services for personal use as a Customer), the arbitration hearing (if any hearings are held) will take place in a location reasonably convenient to you (typically, the county of your residence) or via a remote method (such as video conference or telephone) if agreed by the parties or determined by the arbitrator. If you are a Detailer or using the Services for business purposes, the arbitration shall take place in Contra Costa County, California, unless otherwise agreed. Procedure: The parties will be entitled to an adequate discovery process for a consumer arbitration (the arbitrator may allow the exchange of relevant information and evidence), but discovery shall be conducted expeditiously. The arbitrator shall issue a written decision that includes the essential findings and conclusions upon which any award is based. The arbitrator’s award shall be final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act.

18.5 Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If you are a consumer using the Services for personal use: Detailr will pay all arbitration administrative and arbitrator fees for arbitrations that it commences. If you initiate the arbitration, you will be required to pay the first $250 of the filing fee (or the equivalent filing fee in small claims court, whichever is less); we will cover the remainder of the filing fee and any other administrative or arbitrator fees. In addition, for claims of $10,000 or less, we will reimburse your filing fee after the arbitrator issues an award, unless the arbitrator determines your claims are frivolous or brought in bad faith. Each party will bear their own attorneys’ fees and costs unless the arbitrator awards attorneys’ fees to the prevailing party under applicable law or contract (e.g., a statute may give the prevailing party a right to recover fees, and the arbitrator can award those). If the arbitrator finds that either the substance of a claim or the relief sought was frivolous or brought for an improper purpose (under applicable standards in federal court), then the arbitrator may award the other party the costs and attorneys’ fees incurred in defending against the claim, but only to the extent permitted by law.

 

18.7 Class Action Waiver: YOU AND DETAILR AGREE THAT ANY ARBITRATION (OR, IF PERMITTED, COURT PROCEEDING) WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You and Detailr expressly waive any right to file a class action or seek relief on a class or representative basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. If this class action waiver is held unenforceable with respect to a particular claim, and provided that the opt-out period has expired, then the entirety of the arbitration agreement shall be deemed void for that claim, and the parties agree that such claim may proceed in court (subject to Section 18.8). However, the class action waiver shall be enforceable in arbitration on an individual basis for all other claims or issues to the fullest extent permitted. Note for California Residents: This Section 18.7 shall not be interpreted to prevent you from pursuing a public injunction under California law in court if you are entitled to do so; in such case, you and Detailr agree to stay any claim for monetary damages pending resolution of the claim for injunctive relief.

18.8 Forum Selection (If Not Arbitrated): If for any reason a Claim between you and Detailr proceeds in court rather than in arbitration (either because you are an exempt Detailer as described below, or because the arbitration agreement is found unenforceable in whole or in part), such dispute shall be brought exclusively in the state or federal courts located in Contra Costa County, California, unless such a forum is prohibited by law. You and Detailr consent to the personal jurisdiction of those courts for any such litigation. However, if you are a consumer residing in California or another state that bars enforcement of an out-of-state forum selection for consumer disputes, this venue provision does not apply, and you may file any permitted court action in the county of your residence (or as otherwise required by law). In that event, any in-person hearings shall occur at a location convenient to you, as dictated by applicable law. In all cases, if a Claim proceeds in court, you and Detailr waive any right to a jury trial.

18.9 Exceptions for Detailers Classified as Workers: Important: We believe that our Detailers are independent contractors, not employees. Therefore, this Section 18’s arbitration requirement applies to all disputes with Detailr, including those involving our independent contractor Detailers. However, if a court or arbitrator were to determine that a particular Detailer is in fact an employee or that their dispute is otherwise not subject to mandatory arbitration under governing law (for example, due to recent legislation or legal decisions regarding transportation workers or other exemptions), then any dispute by that Detailer that is not arbitrable shall be resolved in court consistent with Section 18.8, and such Detailer (if considered an employee) would retain whatever rights they have under applicable labor laws to bring claims (such as California’s Private Attorneys General Act, to the extent non-waivable). The intent of the parties is to arbitrate to the fullest extent allowed, and this Section should be interpreted accordingly.

18.10 Severability of Dispute Resolution Terms: Except as noted for the Class Action Waiver above, if any portion of this Section 18 (Dispute Resolution) is found to be unenforceable or unlawful for any reason, (a) the unenforceable provision shall be severed or modified so as to effectuate the parties’ intent to arbitrate the dispute on an individual basis; and (b) severance of the offending provision shall not affect the enforceability of the remaining arbitration provisions, which shall continue in full force and effect.

19. Termination of Services

19.1 By Detailr: We reserve the right to terminate or suspend your access to the App and Services, or deactivate your account, at any time with or without cause, with or without prior notice. Reasons for termination may include, without limitation: any violation of these Terms or policies, fraudulent or illegal activities, abuse of the platform, failure to maintain required credentials or insurance (for Detailers), extended periods of inactivity, or any behavior we determine is harmful to our platform or users. We may also terminate or suspend services if required to do so by law or if we discontinue the App. In the event of termination by us, we will, when feasible, notify you through the contact information on file. Note that Detailr is not obligated to provide any warning or opportunity to cure violations before termination, but we may do so in our discretion.

19.2 By You: You may terminate your agreement with Detailr at any time by deleting your account and ceasing all use of the Services. If you simply stop using the App, these Terms will remain in effect until you formally terminate your account or until we terminate your access. If you wish to delete your account, you can do so through the App’s settings (if available) or by contacting Detailr support with a request for deletion. Detailr may require verification of your identity before deleting an account. Note that even after deletion, certain information may be retained as required by law or as necessary for legitimate business purposes (see Section 19.5 on survival and data).

19.3 Effect of Termination on Bookings: If you or Detailr terminate your account while you have pending transactions (e.g., a scheduled booking or an unresolved complaint), we will handle those on a case-by-case basis. If a Customer’s account is terminated, any upcoming bookings may be canceled (and the Customer may or may not receive a refund depending on timing and cause of termination). If a Detailer’s account is terminated, Detailr will attempt to notify affected Customers and may attempt to reassign their bookings to other Detailers or cancel with full refunds to Customers. Detailers: upon termination of your account (by you or by us), you will still be entitled to receive any legitimate payouts earned for services fully performed prior to termination (minus any amounts owed to Detailr, such as chargebacks or penalties). However, if your account is terminated due to misconduct or violation of these Terms, we reserve the right to withhold payouts pending investigation or as set-off against any claims we may have against you.

19.4 Survival of Terms: The termination of your account or access to the Services does not terminate all provisions of these Terms. Any provisions that by their nature should survive termination shall continue in effect. This includes, without limitation: Sections 12 (No Warranties), 15 (No Ownership and Liability Disclaimer), 16 (Limitation of Liability), 17 (Indemnification), 18 (Dispute Resolution & Arbitration), and 20 (Miscellaneous), as well as any licenses granted to Detailr in Section 13.4 (User Content) which are irrevocable and survive, and any payment obligations incurred by you prior to termination. In addition, any outstanding obligations you have to another user (for example, a Customer’s obligation to pay for a service provided or a Detailer’s obligation to complete a service or refund a Customer) survive and must be completed in good faith.

19.5 Data Retention and Deletion: Upon termination of your account, Detailr may retain your personal information for a period of time as required or permitted by law. For instance, we might retain basic account information and transaction history for tax, accounting, and legal reporting purposes. We will handle all personal data in accordance with our Privacy Policy. If you requested account deletion, we will delete or anonymize your personal information except to the extent we are required or permitted by law to retain it. (For example, we will remove data we have no legal need to keep, but we will retain any information necessary to comply with record-keeping obligations or other legal requirements.) Some content you provided (such as reviews you wrote, which are part of another user’s experience on the platform) may remain visible in anonymized form (for instance, your review might appear as from a “former user,” without your name). We have no obligation to restore your account or any data after termination or deletion. If your account is terminated and you later wish to rejoin, you may be permitted to create a new account at Detailr’s discretion (unless you were permanently banned for cause).

20. Changes to Terms

Detailr may revise or update these Terms from time to time. If we make material changes, we will provide you with reasonable notice, such as by posting an update through the App, sending an email to the email address associated with your account, or presenting a notification upon your next login. The notice will include a summary of the changes and the date they become effective. Continued use of the Services after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Services before the changes take effect and, if applicable, cancel any pending services and close your account.

If we revise or update these Terms, we will provide notice to you in accordance with this Section. If there are any substantive changes to the dispute resolution or arbitration provisions of these Terms, we will provide a special notice of those specific changes. If you do not agree to the revised dispute resolution terms, you must stop using the Services before the effective date of the changes. Continued use of the Services after the effective date of any new dispute resolution terms will constitute your acceptance of those changes. (For other material changes that are adverse to consumers, we will endeavor to give at least 15 days’ advance notice when feasible, as described above. Changes addressing new features or made for legal compliance may be effective immediately, and we will indicate the “Effective Date” at the top of this Agreement when we update it.)

If there are any substantive changes to the dispute resolution or arbitration provisions in these Terms, we will provide special notice of those. In such case, if you are a user already registered, you would have the right to reject the changes to the dispute terms by sending us written notice within 30 days of the change (per AAA rules or applicable law), in which case your account would likely be terminated unless you agree to the prior terms’ dispute resolution clause. Otherwise, continued use means you agree to the new terms.

21. Miscellaneous Provisions

21.1 Entire Agreement: These Terms (including the incorporated Privacy Policy and any other policies or guidelines referenced herein) constitute the entire agreement between you and Detailr Corp regarding the use of the App and Services, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the same subject matter. You acknowledge that you have not relied on any statement, promise, or representation not explicitly stated in these Terms.

21.2 No Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Any attempt by you to assign without consent will be null. Detailr may freely assign or transfer these Terms (for example, to an affiliate or in connection with a merger, acquisition, or sale of assets) without restriction and without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.

21.3 No Waiver: Our failure or delay in enforcing any provision of these Terms shall not be deemed a waiver of our rights to enforce that provision (or any other provision) at a later time. Any waiver of any term of this Agreement will be effective only if in writing and signed by an authorized representative of Detailr.

21.4 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms shall remain in full force and effect. The invalid or unenforceable provision shall, if possible, be modified or interpreted in a manner that renders it enforceable while as closely as possible reflecting the original intentions of the parties. If such modification is not possible, the provision shall be severed from these Terms and the rest shall remain in effect. However, if a court or arbitrator decides that the class action waiver (Section 18.7) is unenforceable or that arbitration can proceed on a class basis, then Section 18 (Arbitration) shall be deemed null and void in its entirety (solely with respect to that specific proceeding), and the dispute will be decided by a court of appropriate jurisdiction, not by arbitration. In that event, the forum selection clause (Section 18.8) shall govern venue and jurisdiction.

21.5 Notices: Detailr may provide notices to you by email to the address associated with your account, by postal mail to any address you have provided, or via in-app notifications. You agree that such notices, when sent, will satisfy any legal communication requirements. It is your responsibility to keep your contact information up to date. If you need to give notice to Detailr, you must do so in writing via email to support@detailrcorp.com (for routine matters) or via certified mail to our registered business address: Detailr Corp, 11040 Bollinger Canyon Rd, Suite E, PMB 854, San Ramon, CA 94582, USA. Notices sent by certified or registered mail are deemed given 5 business days after dispatch, and notices sent by email are deemed given on the next business day after the email is sent (provided no bounce-back or error message is received). For contractual or legal notices, we may require an original signature or additional verification, as appropriate.

21.6 Relationship of Parties: Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, or employee of the other. Detailr does not direct or control Detailers generally or in their performance of services, and these Terms should not be interpreted as establishing any employment or agency relationship between Detailr and any user.

21.7 Third-Party Beneficiaries: Except as expressly provided in these Terms, there are no third-party beneficiaries to this Agreement. This means that no one other than you and Detailr (and Detailr’s successors and assigns) can enforce these Terms or rely on any rights hereunder. However, the indemnified parties under Section 17 (Indemnification) are intended third-party beneficiaries of that section.

21.8 Governing Language: These Terms may be translated into languages other than English for convenience, but the English language version of these Terms shall control in the event of any ambiguity or conflict with a version in another language.

21.9 Headings and Interpretation: The headings used in these Terms (section titles, etc.) are for convenience and reference only and have no legal effect. Words such as “including” shall be interpreted to mean “including without limitation.” The word “or” is inclusive (meaning “and/or”) unless the context clearly dictates otherwise. The singular includes the plural and vice versa.

21.10 California Consumer Rights Notice: Under California Civil Code Section 1789.3, California users of the Service are entitled to the following notice: If you have a question or complaint regarding the Service, please contact us by writing to support@detailrcorp.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834 or by phone at (916) 445-1254 or (800) 952-5210. Additionally, in compliance with the California Consumer Legal Remedies Act (CLRA) and other state laws, nothing in these Terms is intended to limit any non-waivable rights you may have under state law. If any provision of these Terms is found unenforceable under the law of your state (such as a jurisdiction that forbids waiver of certain warranties or remedies), that provision shall be deemed modified to comply with state law, and the rest of the Terms shall remain in effect.

22. Acknowledgment and Acceptance

By creating an account, booking a service, providing a service, or otherwise using the Detailr App, you acknowledge that you have read these Terms of Service (and the incorporated Privacy Policy) in their entirety, understand your rights and obligations, and agree to be bound by all of the provisions of this Agreement. You affirm that you are entering into this Agreement voluntarily, without coercion or undue influence, and that you have had an opportunity to seek independent advice or legal counsel if you so choose.

If you agree to these Terms on behalf of a business or other legal entity (for example, if you are an owner accepting on behalf of your detailing company), you represent and warrant that you have the authority to bind that entity to these Terms, and in that case “you” will refer to that entity.

BY CLICKING “ACCEPT” (OR A SIMILAR BUTTON) OR BY USING THE SERVICES, YOU HEREBY AGREE TO THESE TERMS. If you do not agree or do not understand any part of these Terms, do not click accept and do not use the Detailr platform. If you have any questions about the Terms, please contact us at support@detailrcorp.com before proceeding.

 

Detailr Corp – 11040 Bollinger Canyon Rd, Suite E, PMB 854, San Ramon, CA 94582
Thank you for choosing Detailr. We look forward to connecting you with a great detailing experience!