TERMS OF SERVICE (TOS) FOR DETAILD, LLC

Welcome to DETAILD, LLC (“DETAILD,” “we,” “us,” or “our”). These Terms of Service (“TOS” or “Agreement”) govern your access to and use of our website, mobile application, and related services (“Platform”). By accessing or using the Platform, you (“User,” “you,” or “your”) agree to comply with and be bound by these TOS. If you do not agree to these terms, please do not use the Platform.

1. Introduction and Agreement to Terms

1.1 Binding Agreement: These Terms of Service constitute a legally binding agreement between you and DETAILD, LLC, a company registered in the State of Florida, USA. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated herein by reference.

1.2 Scope: These TOS apply to all users of the Platform, including but not limited to mobile car detailers (“Detailers”) and individuals or entities seeking car detailing services (“Customers”). DETAILD provides a Platform to facilitate the connection between Customers and Detailers; however, we do not perform car detailing services ourselves.

1.3 Applicability: The Platform is intended for use within the United States. While we may expand our services to other regions in the future, this Agreement governs the use of the Platform within the current operational scope. By using the Platform, you represent and warrant that you meet all eligibility requirements outlined in Section 3 of this Agreement.

1.4 Amendments: We reserve the right to amend, modify, or update these TOS at any time, with or without notice. Changes will be effective upon posting to the Platform. Your continued use of the Platform after changes have been posted constitutes your acceptance of the revised terms. We encourage you to review these TOS periodically.

2. Definitions

For the purposes of these TOS, the following definitions apply:

2.1 “Account” means a registered user profile created on the Platform, either as a Customer or a Detailer.

2.2 “Cancellation Window” refers to the period within which a Customer can cancel a booked service without incurring penalties, as specified in Section 10.

2.3 “Customer” means an individual or entity that registers an Account on the Platform to request car detailing services.

2.4 “Detailer” means an independent contractor who registers an Account to provide car detailing services through the Platform.

2.5 “Order” refers to a request for car detailing services placed by a Customer through the Platform.

2.6 “Platform” means the website (https://detaild.app) and mobile application operated by DETAILD, LLC, including all associated services.

2.7 “Promotional Tiers” refers to the different levels of promotional visibility (Bronze, Silver, Gold) that Detailers may purchase to enhance their presence on the Platform.

2.8 “Service” or “Services” refers to the car detailing services offered by Detailers to Customers through the Platform.

2.9 “Temporary Payment Hold” means the period during which the payment is held by DETAILD following a Customer’s payment, pending the confirmation of service completion and satisfaction.

2.10 “User” means any person who accesses or uses the Platform, including both Customers and Detailers.

3. Eligibility

3.1 Minimum Age: The Platform is intended solely for individuals who are 18 years of age or older. By accessing or using the Platform, you represent and warrant that you are at least 18 years old.

3.2 Legal Capacity: By using the Platform, you confirm that you have the legal capacity to enter into this Agreement and comply with its terms. If you are using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these TOS.

3.3 Account Requirements: To use certain features of the Platform, including booking services or offering car detailing services, you must register an Account. By creating an Account, you agree to provide accurate, current, and complete information and to keep your Account information updated at all times. Failure to do so may result in the suspension or termination of your Account.

3.4 Geographical Restrictions: The Platform is currently available only to Users located in the United States, specifically Florida. Users outside of this jurisdiction should not use the Platform. Should we expand our services to other regions, these TOS will be updated accordingly.

4. User Accounts and Registration

4.1 Account Creation: To access the full range of services on the Platform, you must create an Account by providing a valid email address, phone number, and any other information requested during the registration process. You may be required to verify your identity by providing government-issued identification or other means as determined by DETAILD.

4.2 Account Security: You are responsible for maintaining the confidentiality of your Account login credentials and for all activities that occur under your Account. You agree to notify DETAILD immediately of any unauthorized use of your Account or any other breach of security. DETAILD will not be liable for any loss or damage arising from your failure to safeguard your Account.

4.3 Account Use: You may not transfer or share your Account with any third party. Detailers are responsible for ensuring that only authorized individuals within their organization have access to their Accounts.

4.4 Accuracy of Information: You agree to provide accurate, complete, and up-to-date information during registration and to update such information to maintain its accuracy. Providing false or misleading information may result in the termination of your Account and access to the Platform.

4.5 Account Termination: DETAILD reserves the right to suspend, deactivate, or terminate any Account at its sole discretion, including but not limited to cases of violation of these TOS, fraudulent activity, or inappropriate behavior.

5. Services Provided by DETAILD

5.1 Platform Services: DETAILD provides an online platform that facilitates the connection between Customers seeking car detailing services and independent contractors (“Detailers”) who offer such services. DETAILD does not perform car detailing services and does not employ or endorse any Detailer listed on the Platform.

5.2 Intermediary Role: DETAILD acts solely as an intermediary between Customers and Detailers. We do not control, monitor, or guarantee the quality, timing, legality, or suitability of services provided by Detailers. All interactions, transactions, and agreements between Customers and Detailers are the sole responsibility of those parties.

5.3 No Endorsement: DETAILD does not endorse, recommend, or guarantee any Detailer or the services they provide. Any ratings, reviews, or promotional placements on the Platform do not constitute an endorsement by DETAILD.

5.4 Changes to Services: We reserve the right to modify, suspend, or discontinue any aspect of the Platform or Services at any time, with or without notice.

6. Promotional Tiers and Advertising for Detailers

6.1 Promotional Tiers: Detailers may purchase one of the available Promotional Tiers (Bronze, Silver, Gold) to enhance their visibility on the Platform. Each Promotional Tier offers different levels of exposure and advertising opportunities. Details of each tier, including pricing and benefits, are available on the Platform.

6.2 Payment for Promotional Tiers: Payment for Promotional Tiers must be made through the Platform’s payment system. All payments are non-refundable except as explicitly provided in these TOS or as required by applicable law.

6.3 No Guarantees: While Promotional Tiers may enhance a Detailer’s visibility on the Platform, DETAILD does not guarantee any specific level of exposure, booking volume, or revenue as a result of purchasing a Promotional Tier.

6.4 Changes to Promotional Tiers: DETAILD reserves the right to modify, add, or remove Promotional Tiers and their associated benefits at any time, with or without notice. In the event of such changes, DETAILD will provide reasonable notice where feasible.

7. User Obligations and Conduct

7.1 Compliance with Laws: Users agree to comply with all applicable federal, state, and local laws, regulations, and ordinances while using the Platform. Any illegal or unauthorized use of the Platform is strictly prohibited.

7.2 Accurate Information: Both Customers and Detailers are required to provide accurate and complete information at all times when using the Platform. Customers must provide correct details about their vehicle, location, and service needs. Detailers must ensure their service descriptions, pricing, and availability are accurate.

7.3 Professional Conduct: Detailers are expected to conduct themselves professionally, courteously, and respectfully at all times. This includes maintaining the integrity of before-and-after photos and ensuring services are performed to industry standards. Customers must interact respectfully with Detailers and provide reasonable access to their vehicle for the completion of the service.

7.4 Prohibited Activities: Users are strictly prohibited from:

• Misrepresenting themselves, their services, or their vehicle information.
• Engaging in fraudulent activities or attempting to defraud other Users.
• Discriminating against or harassing other Users based on race, gender, sexual orientation, religion, nationality, or any other protected characteristic.
• Circumventing or attempting to circumvent any payment obligations.
• Using the Platform for any purpose not expressly permitted by these TOS.
• Accessing, using, or attempting to access or use another User’s account without authorization.

7.5 Reporting Misconduct: Users may report violations of these TOS, inappropriate behavior, or illegal activities to DETAILD via the contact information provided in Section 28. DETAILD reserves the right to investigate and take appropriate action, including suspension or termination of User accounts.

7.6 Strike System for Detailers: Detailers are subject to a five-strike disciplinary system designed to maintain the high quality and reliability of services offered through the Platform. Strikes are issued for misdeeds, intentional failures to provide specified services, or breaches of the Terms of Service. A Detailer who accumulates five strikes will face removal from DETAILD, with a prohibition on using the app/platform for a minimum of one year. Conversely, a Detailer can remove one strike from their account by completing 15 successful service transactions (washes) without any infractions, promoting continuous improvement and adherence to Platform standards.

8. Service Orders and Execution

8.1 Placing an Order: Customers may place an Order for car detailing services through the Platform. Orders must include accurate information, such as vehicle details, service type, location, and preferred time. By placing an Order, the Customer agrees to pay the applicable fees as outlined in the Order.

8.2 Order Acceptance: Once a Customer places an Order, the Order is sent to eligible Detailers within the specified service area. A Detailer may accept or decline the Order at their discretion. Acceptance of an Order constitutes a binding agreement between the Customer and the Detailer for the performance of the specified service.

8.3 Service Execution: Upon accepting an Order, the Detailer agrees to perform the requested service at the designated time and location, ensuring compliance with all stated specifications and customer expectations. The execution of the service must adhere to the highest industry standards, reflecting professionalism and attention to detail.

Documentation and Verification: To ensure transparency and accountability, the Detailer is required to meticulously document the service process. This includes:

• Photographic Evidence: Before-and-after photos of the vehicle must be taken to document the pre-service condition and post-service results. Photos should be taken from standardized angles and include specific areas of focus as stipulated in the service request. Each photo must be time-stamped and tagged with the service location.
• Photo Specifications:
• Resolution and Quality: All photographs must be high-resolution, clearly showing the condition without any blurring or distortion.
• Coverage: Photos must cover all detailed areas including, but not limited to, exterior, interior, and wheels.
• Consistency: The same areas of the vehicle must be shown in both before and after photos for direct comparison.

Upload and Storage: Photos must be uploaded to the Platform within one hour of service completion, forming part of the service verification process. DETAILD will store these photos in accordance with the data retention policy outlined in Section 14, ensuring they are available for quality control, customer review, and dispute resolution if necessary.

Service Standards: Detailers are expected to:

• Use specified materials and techniques as may be required for different types of vehicles and services.
• Ensure that any special customer requests or considerations are fully accommodated.
• Complete all services in alignment with the agreed-upon timelines unless unavoidable delays occur, in which case the customer must be promptly informed.

Customer Confirmation: Upon completion of the service, the Detailer will notify the customer through the Platform, prompting an inspection. The customer has a designated period, as per Section 8.5, to review the work and either accept the completion or report any discrepancies.

8.4 Customer Obligations: Customers must be present at the designated location at the scheduled time or provide appropriate instructions for the Detailer to access the vehicle. Failure to meet these obligations may result in additional fees or the cancellation of the Order without refund, as determined by DETAILD.

8.5 Service Completion: Upon completing the service, the Detailer will mark the Order as completed on the Platform. Customers have a one-hour window from the time of service completion to inspect the vehicle and report any issues or damages via the Platform.

9. Payment Terms

9.1 Upfront Payment: All Customers are required to make an upfront payment for the requested service at the time of placing an Order. Payment will be processed through a third-party payment processor, subject to the processor’s terms and conditions.

9.2 Temporary Payment Hold: Upon receipt of the Customer’s payment, the funds will be held temporarily by DETAILD for 1-3 business days. This hold period allows the Customer to verify the satisfactory completion of the service and report any issues within the one-hour window.

9.3 Payout to Detailer: Following the successful completion of the service and the expiry of the one-hour dispute window, the payment (minus any applicable fees) will be released to the Detailer’s designated payment account within 1-3 business days.

9.4 Payment Processor: By using the Platform, Users agree to the terms of the third-party payment processor engaged by DETAILD. DETAILD is not responsible for errors or delays in payments caused by the payment processor.

9.5 Fees: DETAILD reserves the right to impose service fees, transaction fees, or other charges associated with the use of the Platform. All fees are non-refundable unless otherwise specified in these TOS.

10. Cancellation Policy

10.1 Customer-Initiated Cancellations: Customers may cancel their Order up to one hour before the scheduled service time for a full refund. Cancellations made within one hour of the scheduled service time will result in a forfeiture of 10% of the payment, up to a maximum of $35 USD, which will be automatically paid to the Detailer. The remaining 90% will be refunded to the Customer.

10.2 Detailer-Initiated Cancellations: If a Detailer cancels an accepted Order for any reason, the Customer will receive a full refund. Detailers who cancel Orders may be subject to penalties, including temporary suspension or termination of their Account, as determined by DETAILD at its sole discretion.

10.3 No-Show Policy: If a Customer fails to provide access to the vehicle at the scheduled time and location or is otherwise unavailable, the Detailer may cancel the Order, and the Customer may forfeit part or all of their payment as determined by DETAILD.

10.4 Refund Processing: Refunds will be processed through the original payment method used by the Customer. Refund processing times may vary depending on the payment processor’s policies.

10.5 Discretionary Refunds: DETAILD reserves the right, at its sole discretion, to issue refunds outside of the outlined cancellation policy under exceptional circumstances.

11. Refunds and Disputes

11.1 Reporting Issues: Customers have a one-hour window after service completion to report any issues or damages via the Platform. Failure to report within this timeframe constitutes acceptance of the service as completed satisfactorily.

11.2 Refund Requests: If a Customer believes they are entitled to a refund due to incomplete or unsatisfactory services, they must submit a refund request through the Platform within the one-hour window after the service has been marked “Complete” by the Detailer. Upon receiving a refund request, the Detailer must respond within 24 hours or receive a strike on their account.

11.3 Refund Processing: Approved refunds will be processed through the Platform, with funds being returned to the Customer’s original payment method. Refunds will be issued by the Detailer, not DETAILD, as DETAILD only facilitates the temporary holding of payments.

11.4 Dispute Resolution: In the event of a dispute between the Customer and the Detailer, DETAILD will act as a mediator to facilitate a resolution. However, DETAILD is not obligated to resolve disputes and is not liable for any damages, losses, or claims arising from such disputes.

11.5 Finality of Payments: Once funds are released to the Detailer, no further adjustments or refunds will be facilitated by DETAILD. The Detailer assumes full responsibility for addressing any claims related to their services.

12. Liability and Disclaimer of Warranties

12.1 Limited Liability: DETAILD is an intermediary platform connecting Customers and Detailers. DETAILD is not liable for any damages, losses, injuries, or claims arising from the performance of services by Detailers or the use of the Platform. Detailers assume full liability for their actions, omissions, and any damages caused during service provision.

12.2 No Warranties: The Platform and Services are provided on an “as-is” and “as-available” basis. DETAILD makes no warranties or representations, express or implied, regarding the quality, suitability, safety, or legality of services provided by Detailers. DETAILD disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing, usage, or trade practice.

12.3 Customer Acknowledgement: Customers acknowledge and agree that DETAILD is not responsible for the actions or omissions of any Detailer. Customers assume all risks associated with using the Platform, including interactions and transactions with Detailers.

12.4 Limitation of Damages: To the fullest extent permitted by applicable law, DETAILD will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, or business interruption, even if DETAILD has been advised of the possibility of such damages.

12.5 Maximum Liability: In no event shall DETAILD’s total liability to any User exceed the amount paid by the User to DETAILD in connection with the specific service giving rise to the claim.

13. Temporary Payment Hold

13.1 Purpose of Payment Hold: DETAILD employs a Temporary Payment Hold mechanism to protect both Customers and Detailers. Payments made by Customers at the time of booking a service are held by DETAILD for a period of 1-3 business days after the completion of the service to allow for quality verification and dispute resolution.

13.2 Hold Period: The payment hold will automatically release after the expiration of the one-hour window for dispute reporting, provided that no issues have been reported by the Customer. If a dispute or issue is raised within this period, the hold may be extended as necessary to facilitate investigation and resolution.

13.3 Release of Funds: After the hold period expires and provided that the Customer has not reported any issues or damages, the payment, minus any applicable fees, will be released to the Detailer’s designated account within 1-3 business days. Detailers acknowledge and agree that the release of funds is subject to the terms outlined in these TOS and the resolution of any disputes.

13.4 Disputed Funds: In the event of a dispute raised by the Customer within the one-hour window, the funds will continue to be held until DETAILD reviews the dispute. DETAILD reserves the right to withhold or release funds based on its assessment of the situation. Users agree to abide by DETAILD’s decision, which shall be final and binding.

13.5 No Interest: Users acknowledge that DETAILD will not pay any interest on the funds held during the Temporary Payment Hold period, regardless of the length of the hold.

14. Use of Before-and-After Photos

14.1 Purpose: Detailers are required to take before-and-after photos of the vehicle as part of the service process. These photos serve as documentation to verify the quality and completion of the service and may be used to resolve disputes.

14.2 Customer Consent: By using the Platform to book services, Customers consent to the Detailer taking photographs of their vehicle for documentation purposes. These photos will be stored on the Platform for a limited time as specified in DETAILD’s data retention policy.

14.3 Photo Usage: Before-and-after photos may be used solely for the purposes of dispute resolution, service verification, and quality assurance. Detailers are prohibited from using these photos for any other purpose, including but not limited to marketing or personal use, without the express written consent of the Customer.

14.4 Data Retention: DETAILD will retain photos for a period deemed necessary for dispute resolution, quality assurance, and legal compliance. After this period, the photos will be securely deleted from the Platform. For more information on our data retention practices, please refer to our Privacy Policy.

14.5 Photo Privacy: DETAILD will take reasonable measures to ensure that photos are securely stored and protected against unauthorized access. However, DETAILD is not liable for any unauthorized access, disclosure, alteration, or destruction of photos due to circumstances beyond its control.

15. Intellectual Property

15.1 Ownership: All content, features, and functionality on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the overall design (“Intellectual Property”), are owned by DETAILD, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

15.2 User-Generated Content: By submitting or posting content (including but not limited to reviews, feedback, and photos) on the Platform, you grant DETAILD a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content throughout the world in any media. You represent and warrant that you own or control all rights to the content you post and that its use does not violate these TOS or the rights of any third party.

15.3 Restrictions: Users are prohibited from copying, modifying, distributing, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the Intellectual Property on the Platform, except as expressly permitted by these TOS or with the prior written consent of DETAILD.

15.4 Trademarks: DETAILD’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DETAILD or its affiliates. Users may not use such marks without the prior written permission of DETAILD.

15.5 Copyright Infringement: DETAILD respects the intellectual property rights of others and expects Users to do the same. If you believe that any content on the Platform infringes your copyright, please notify us using the contact information provided in Section 28.

16. Privacy Policy and Data Use

Please refer to the Privacy Policy for more information on this section.

17. Service Availability

17.1 Geographical Limitations: The Platform is currently available for use within the United States.

17.2 Access to the Platform: DETAILD does not guarantee that the Platform will be available at all times or in all locations. Service interruptions may occur due to maintenance, upgrades, network failures, or other factors beyond DETAILD’s control.

17.3 Technical Requirements: Users are responsible for ensuring they have the necessary devices, software, and internet connectivity to access and use the Platform. DETAILD is not responsible for any failure or inability to access the Platform due to technical requirements not being met.

17.4 Modification of Services: DETAILD reserves the right to modify, suspend, or discontinue any part of the Platform or Services at any time, with or without notice. Users acknowledge that DETAILD is not liable for any loss or damage arising from such modifications, suspensions, or discontinuations.

18. Independent Contractor Relationship

18.1 Detailer Status: Detailers registered on the Platform are independent contractors and are not employees, agents, partners, joint ventures, or representatives of DETAILD. Nothing in these TOS shall be construed as creating an employment relationship between DETAILD and any Detailer.

18.2 Service Execution: As independent contractors, Detailers are solely responsible for the manner and method in which they provide their services, including obtaining any necessary permits, licenses, or insurance. Detailers shall exercise independent judgment in the performance of their services and shall comply with all applicable laws and industry standards.

18.3 No Agency: No User (Customer or Detailer) has the authority to enter into agreements or create obligations on behalf of DETAILD. DETAILD shall not be responsible for any agreements, representations, warranties, or other actions made by any User.

18.4 Taxes and Legal Compliance: As independent contractors, Detailers are solely responsible for reporting and paying any applicable taxes arising from their use of the Platform, including income tax, sales tax, or other similar taxes. DETAILD will not withhold taxes on behalf of any Detailer. Detailers must also comply with all relevant labor, employment, and business regulations applicable to their services.

18.5 Liability for Services: Detailers assume full liability for the quality, performance, and outcome of their services. DETAILD is not liable for any damages, losses, or claims arising from the actions or omissions of any Detailer.

19. Customer Responsibilities

19.1 Accurate Information: Customers are required to provide accurate, complete, and current information when creating an Account and when booking a service. This includes providing valid contact information, accurate vehicle details, and a precise service location. Failure to provide accurate information may result in delayed or unsatisfactory service, and DETAILD shall not be liable for any such outcomes.

19.2 Service Location: Customers must ensure that the designated service location is accessible, safe, and suitable for car detailing services. The Customer is responsible for arranging any necessary permissions (e.g., parking permits) to allow the Detailer to perform the service at the specified location.

19.3 Presence at Service: While the presence of the Customer during the service is not mandatory, it is highly recommended. If the Customer cannot be present, they must provide clear instructions for vehicle access. DETAILD and the Detailer are not liable for any issues arising from the Customer’s absence during the service.

19.4 Inspection of Service: Upon completion of the detailing service, the Customer has a one-hour window to inspect the vehicle and report any issues or damages through the Platform. Failure to inspect or report within this time frame will be considered as acceptance of the service as completed satisfactorily, and funds will be released to the Detailer accordingly.

19.5 Dispute Participation: In the event of a dispute regarding the quality of service or damages, the Customer agrees to cooperate in good faith with DETAILD’s dispute resolution process. This may include providing photographic evidence or additional information as requested by DETAILD.

19.6 Prohibited Use: Customers are prohibited from using the Platform for unlawful purposes, including but not limited to fraud, misrepresentation, or solicitation of illegal services. Violation of this clause may result in immediate termination of the Customer’s Account and potential legal action.

20. Indemnification

20.1 Indemnification by Customers: Customers agree to indemnify, defend, and hold harmless DETAILD, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to (i) the Customer’s use or misuse of the Platform, (ii) violation of these TOS, (iii) infringement of any intellectual property or other right of any person or entity, or (iv) any dispute between the Customer and a Detailer.

20.2 Indemnification by Detailers: Detailers agree to indemnify, defend, and hold harmless DETAILD, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to (i) the Detailer’s provision of services, (ii) violation of these TOS, (iii) infringement of any intellectual property or other right of any person or entity, or (iv) any dispute between the Detailer and a Customer.

21. Limitations of Liability

21.1 No Liability for Third-Party Services: DETAILD provides the Platform to facilitate connections between Customers and Detailers and does not itself perform any car detailing services. Therefore, DETAILD shall not be liable for any damages, losses, or claims arising out of or related to the actions, omissions, or conduct of any Detailer or Customer, including but not limited to vehicle damage, poor service quality, personal injury, or property loss.

21.2 Exclusion of Certain Damages: To the fullest extent permitted by applicable law, DETAILD will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, business interruption, or any other commercial damages or losses, even if DETAILD has been advised of the possibility of such damages.

21.3 Limitation of Direct Damages: In no event shall DETAILD’s total cumulative liability to any User, for all claims arising out of or relating to the use of the Platform, exceed the total amount paid by the User to DETAILD for services facilitated through the Platform in the three (3) months immediately preceding the date of the event giving rise to the liability.

21.4 Release: By using the Platform, Users release DETAILD from any and all liability, claims, or demands arising from disputes between Customers and Detailers. Users acknowledge that DETAILD is not responsible for monitoring, managing, or resolving disputes between Users.

21.5 No Warranty: The Platform is provided on an “as-is” and “as-available” basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. DETAILD does not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

22. Suspension and Termination

22.1 Suspension of Access: DETAILD reserves the right to suspend, restrict, or terminate a User’s access to the Platform at any time, for any reason, and without prior notice, including but not limited to violations of these TOS, fraudulent or abusive behavior, or as required by law.

22.2 Termination by User: Users may terminate their Accounts at any time by following the account termination process provided on the Platform. Termination of an Account will not relieve the User of any obligations incurred prior to termination, including payment obligations.

22.3 Effect of Termination: Upon termination, suspension, or restriction of access, all licenses granted to the User under these TOS shall immediately cease, and the User must cease all use of the Platform. Detailers acknowledge that termination may result in the removal of their Storefront and associated content from the Platform.

22.4 Survival: Sections of these TOS that by their nature should survive termination, including but not limited to Sections 8 (Service Orders and Execution), 9 (Payment Terms), 11 (Refunds and Disputes), 12 (Liability and Disclaimer of Warranties), 15 (Intellectual Property), 16 (Privacy Policy and Data Use), 18 (Independent Contractor Relationship), 19 (Customer Responsibilities), 20 (Indemnification), 21 (Limitations of Liability), and 28 (Contact Information), shall survive any termination of this Agreement.

22.5 No Refunds upon Termination: Except as expressly provided in these TOS, Users are not entitled to any refunds for payments made prior to termination, regardless of the reason for termination.

23. Amendments to Terms

23.1 Right to Amend: DETAILD reserves the right to amend, modify, or update these TOS at any time in its sole discretion. Any changes to these TOS will be effective upon posting the revised TOS on the Platform.

23.2 User Notification: While we may attempt to notify Users of significant changes to these TOS, it is the User’s responsibility to review the TOS periodically for updates. By continuing to use the Platform after the posting of revised TOS, Users agree to be bound by the updated terms.

23.3 Material Changes: If we make material changes to these TOS, we will provide prominent notice on the Platform. If you do not agree with the changes, you must discontinue your use of the Platform and terminate your Account.

24. Governing Law and Jurisdiction

24.1 Governing Law: These TOS shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of laws principles.

24.2 Jurisdiction: Users agree that any legal action or proceeding arising out of or related to these TOS or the use of the Platform shall be brought exclusively in the state or federal courts located in the State of Florida. Users hereby consent to the personal jurisdiction and venue of such courts.

24.3 Waiver of Jury Trial: To the fullest extent permitted by law, Users and DETAILD hereby waive any right to a jury trial in any legal action or proceeding arising out of or related to these TOS or the use of the Platform.

24.4 Class Action Waiver: Users agree that any claims arising out of or relating to these TOS or the use of the Platform shall be resolved on an individual basis and shall not be consolidated with any claims of other parties. Users waive their right to participate in any class, collective, or representative proceeding.

25. Dispute Resolution and Arbitration

25.1 Arbitration Agreement: By using the Platform, you agree that any disputes or claims arising out of or related to these TOS, the Platform, or the services provided by Detailers shall be resolved exclusively through binding arbitration, rather than in court, except for matters that qualify for small claims court. Arbitration is more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury.

25.2 Arbitration Procedures: The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Arbitration Rules, unless otherwise agreed in writing by the parties. The AAA’s rules are available at www.adr.org. The arbitration shall be held in a location mutually agreed upon by the parties, or if no agreement can be reached, in the county in which the User resides.

25.3 Arbitrator’s Authority: The arbitrator shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator shall have the power to grant whatever relief would be available in court under law or in equity. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

25.4 Costs of Arbitration: Each party shall bear its own costs and expenses related to the arbitration, except that DETAILD will bear the filing fees and other costs of arbitration to the extent required by the AAA’s rules or applicable law.

25.5 Waiver of Class Actions: Users expressly waive the right to participate in class action lawsuits or class-wide arbitrations. All claims and disputes must be arbitrated on an individual basis, and not on a class or representative basis. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

25.6 Exceptions to Arbitration: Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

26. Severability

26.1 Severability: If any provision of these TOS is found to be unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be deemed severable from the rest of these TOS and shall not affect the validity and enforceability of any remaining provisions.

26.2 Modification of Unenforceable Terms: In the event that any part of these TOS is deemed invalid, the invalid or unenforceable provision shall be enforced to the maximum extent permissible so as to reflect the intent of the parties. The remaining portions of the TOS shall continue in full force and effect.

27. Force Majeure

27.1 Definition: DETAILD shall not be liable for any failure to perform its obligations under these TOS if such failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, technical failures, Internet outages, and other similar events (“Force Majeure Event”).

27.2 Notification and Suspension of Services: In the event of a Force Majeure Event, DETAILD will use reasonable efforts to notify Users of the occurrence of such event and the expected duration of the suspension of its obligations. During a Force Majeure Event, DETAILD reserves the right to suspend or modify any part of the Platform or its services without liability.

27.3 Resumption of Performance: DETAILD shall use reasonable efforts to resume performance of its obligations as soon as practicable following the cessation of the Force Majeure Event. However, DETAILD shall have no obligation to do so if the event continues or if it is not feasible to resume performance of the services.

28. Entire Agreement and Contact Information

28.1 Entire Agreement: These TOS, along with the Privacy Policy and any other legal notices published by DETAILD on the Platform, constitute the entire agreement between you and DETAILD with respect to your use of the Platform. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

28.2 No Waiver: The failure of DETAILD to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. No waiver by DETAILD of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

28.3 Assignment: You may not assign or transfer these TOS, in whole or in part, by operation of law or otherwise, without the prior written consent of DETAILD. DETAILD may assign or transfer these TOS at its discretion without restriction. Subject to the foregoing, these TOS will bind and inure to the benefit of the parties, their successors, and permitted assigns.

28.4 Headings: The section headings in these TOS are for convenience only and have no legal or contractual effect.

28.5 Contact Information: For questions or concerns regarding these TOS or the Platform, please contact DETAILD, LLC at:

• Email: support@detaild.app

29. Acknowledgment

29.1 Acceptance: By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these TOS, as well as the Privacy Policy and any other terms incorporated by reference.