Welcome to Detail Companion (“we,” “us,” “our,” or “Service”). These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “Account Owner”) and Detail Companion governing your access to and use of the Detail Companion website (www.detailcompanion.com), our web or mobile applications (the “App”), and our related software and services (collectively, the “Service”).
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT,” REGISTERING FOR AN ACCOUNT, OR ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
IMPORTANT NOTICE REGARDING ARBITRATION: SECTION 16 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT AS PROVIDED THEREIN.
1. General Provisions & Eligibility
Business-to-Business Service: Detail Companion is a business management platform designed for auto detailing professionals. You acknowledge that your use of the Service is for business purposes and constitutes a commercial transaction, not a consumer transaction.
Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By agreeing to these Terms, you represent and warrant that you have the authority to bind any business entity on whose behalf you use the Service.
Modifications: We reserve the right to modify these Terms at any time. We will notify you of material changes via email or an in-App notification. Your continued use of the Service after such changes constitutes acceptance of the new Terms.
2. Account Registration and Security
Account Creation: To access the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.
Account Ownership:
The Account Owner: The person or entity who registers for the Service and provides the billing information is the "Account Owner."
Employee Users: The Account Owner may invite employees or contractors (“Employee Users”) to access the account. The Account Owner is solely responsible for all activity conducted by Employee Users and for ensuring their compliance with these Terms.
Security: You are responsible for safeguarding your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Disputes: Detail Companion retains the right to determine, in our sole judgment, who the rightful Account Owner is in the event of a dispute between business partners or employers/employees.
3. Subscription, Fees, and Payments
Subscription Fees: The Service is billed on a subscription basis (monthly or annually). You agree to pay all fees associated with your chosen subscription plan as described on our Pricing Page. Payments are non-refundable except as expressly provided in these Terms.
Automatic Renewal: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing cycle unless you cancel your account before the renewal date. You authorize us to charge your payment method on file for the renewal term.
Cancellation Policy: You may cancel your subscription at any time via the account settings. If you cancel, your access will remain active until the end of the current billing cycle.
Data Deletion: Upon cancellation, your data will be retained for thirty (30) days to allow for reactivation. After 30 days, we reserve the right to permanently delete all data associated with your account (including customer lists and service history).
Price Changes: We reserve the right to adjust pricing for the Service at any time. We will provide you with at least 30 days' notice prior to any price increase affecting your specific subscription.
4. Payments Processing & Financial Features
Detail Companion integrates with third-party payment processors (e.g., Stripe, Square) to allow you to collect payments from your customers.
Third-Party Processors: Your use of payment processing features is subject to the agreements of the third-party processor (e.g., Stripe Services Agreement). Detail Companion is not a bank and does not hold funds.
Transactions & Chargebacks: You are solely responsible for all transactions processed through your account. You agree to be liable for any Chargebacks, refunds, or fines assessed by the payment processor or card networks. Detail Companion is not responsible for any disputes between you and your customers regarding payments.
Taxes: You are responsible for determining, collecting, withholding, reporting, and remitting applicable taxes (including sales tax on detailing services) to the appropriate tax authorities.
5. Acceptable Use and Prohibited Conduct
You agree not to use the Service to:
Violate any local, state, national, or international law.
Process personal data of End Users without proper consent.
Infringe the intellectual property rights of Detail Companion or others.
Transmit viruses, malware, or other malicious code.
Attempt to reverse engineer, decompile, or copy the Service’s source code.
Competitor Access: Access the Service for the purpose of building a competitive product or service or benchmarking its performance against a competitor.
Scraping: Use bots, scrapers, or spiders to access or extract data from the Service.
6. Communications (SMS and Email)
The Service allows you to send automated reminders, invoices, and marketing messages to your customers via SMS and email.
TCPA Compliance: You represent and warrant that you have obtained all necessary consents and opt-ins from your customers to send them text messages and emails in compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other applicable laws.
Sender Responsibility: You agree that you are the sender of these communications, not Detail Companion. We act merely as the delivery agent.
Indemnification: You agree to indemnify and hold Detail Companion harmless from any claims, fines, or damages arising from your failure to obtain proper consent for communications.
7. Intellectual Property & User Content
Detail Companion Rights: We own all rights, title, and interest in and to the Service, the Website, and the App, including all related intellectual property.
User Content: You retain ownership of the data, files, and images (e.g., before/after photos of vehicles) you upload to the Service (“User Content”).
License to Detail Companion: By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, and display your User Content solely as necessary to provide, maintain, and improve the Service.
Aggregated Data: You agree that we may calculate, aggregate, and analyze your User Content to create anonymized statistics (e.g., “Average price of a ceramic coating”). We own all rights to such aggregated, anonymized data, which will not identify you or your customers.
8. Mobile Application Terms
If you access the Service via our Mobile App available through the Apple App Store or Google Play Store:
License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on your device.
Apple/Google Terms: You acknowledge that these Terms are between you and Detail Companion, not Apple or Google. Apple and Google are not responsible for the App or its content.
Location Services: The App may utilize your device’s location services (GPS) to provide routing or time-tracking features. You can control this access via your device settings.
9. Service Booking & End User Disputes
No Warranty of Services: Detail Companion provides the software to manage your business. We do not perform detailing services, nor do we guarantee the quality of your work to your customers.
Disputes with Customers: Any dispute between you (the Detailer) and your customer (the End User) regarding quality of service, damage to vehicles, pricing, or scheduling is solely between you and the customer. Detail Companion is not a party to your service contracts.
10. Third-Party Links and Integrations
The Service may contain links to third-party websites or integrations (e.g., QuickBooks, Facebook). We do not control these third parties and are not responsible for their content, privacy policies, or practices. Accessing them is at your own risk.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, DETAIL COMPANION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA WILL NOT BE LOST.
12. Limitation of Liability
IN NO EVENT SHALL DETAIL COMPANION, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO DETAIL COMPANION IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
13. Indemnification
You agree to defend, indemnify, and hold harmless Detail Companion and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:
Your access to or use of the Service.
Your violation of these Terms.
Your violation of any third-party right, including intellectual property or privacy rights.
Your violation of the TCPA or other communication laws.
Any dispute between you and your customers.
14. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Sections regarding Intellectual Property, Indemnification, Limitation of Liability, and Arbitration shall survive termination.
15. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions.
16. Dispute Resolution; Mandatory Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Arbitration Agreement: You and Detail Companion agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be determined by binding individual arbitration rather than in court. The arbitration shall be administered by JAMS or the American Arbitration Association (AAA).
No Class Actions: YOU AND DETAIL COMPANION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exceptions: Both parties retain the right to seek injunctive relief in a small claims court for disputes or claims within the scope of its jurisdiction.
Opt-Out: You have the right to opt out of this Arbitration Agreement by sending written notice to legal@detailcompanion.com within 30 days of first accepting these Terms.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Detail Companion
Email: legal@detailcompanion.com
Website: www.detailcompanion.com