Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Carwash Blitz LLC (“Carwash Blitz™,” “we,” “us,” or “our”), the operator of the Carwash Blitz platform and related websites, applications, and services (collectively, the “Service”).

By creating an account (including by signing up or signing in with Apple or Google single sign-on), clicking “I agree,” “Continue,” or a similar control, or accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

You must be at least 18 years old. If you use the Service on behalf of a business or other entity, you represent that you are authorized to bind that entity to these Terms, and “you” refers to that entity.

The Service is currently offered on a beta / early-access basis. It is under active development and is provided to you “AS IS” and “AS AVAILABLE.” You acknowledge and agree that:

• the Service may contain bugs, errors, defects, and inaccuracies;
• features may be added, changed, suspended, or removed at any time, and the Service may be modified or discontinued (in whole or in part) without notice or liability to you;
• availability, uptime, and performance are not guaranteed, and there is no service-level commitment;
• you should not rely on the Service as your sole or system-of-record source for any critical business, financial, or customer data, and you are responsible for keeping your own backups;
• metrics, reports, counts, and other data shown in the Service may be incomplete, delayed, or incorrect; and
• No backup, retention, or restoration duty. We do not guarantee that Customer Data will be stored, retained, backed up, or recoverable, and we have no obligation to store, back up, retain, restore, or return Customer Data. You are solely responsible for independently maintaining current backups of all data you rely on and for exporting it before any cancellation, suspension, or discontinuation.

We are not liable for any loss of data, profits, customers, revenue, or business arising from your use of a beta service.

Confidentiality & non-disclosure. Because the Service is a pre-release, beta offering, the Service and all non-public information about it — including its features, functionality, user interfaces, designs, performance, output, pricing, and roadmap, and the existence and details of any beta or early-access features (collectively, “Confidential Information”) — are our confidential and proprietary information. You agree to (i) keep Confidential Information confidential and use it only to use the Service in accordance with these Terms; (ii) not disclose it to any third party except to your own personnel, contractors, or advisors who have a need to know and are bound by confidentiality obligations at least as protective as these; and (iii) protect it using at least the same care you use for your own confidential information, and in no event less than reasonable care.

You agree not to publicly disclose, publish, or share any benchmark, performance result, evaluation, review, screenshot, or comparison of the beta Service without our prior written consent. These obligations do not apply to information that (a) is or becomes publicly available through no fault of yours; (b) you already lawfully knew without a duty of confidentiality; (c) you independently developed without using our Confidential Information; or (d) you rightfully received from a third party without restriction. You may disclose Confidential Information if required by law or legal process, provided that, where legally permitted, you give us reasonable prior notice so we may seek protection. Any feedback, ideas, or suggestions you provide about the Service are non-confidential, and we may use them for any purpose without obligation to you. These confidentiality obligations survive termination of these Terms for as long as the information remains non-public.

The Service uses artificial intelligence, machine learning, large language models, and other automated systems to generate insights, summaries, predictions, scores, recommendations, drafted messages, voice and text responses, and other output (collectively, “AI Output”).

AI Output is generated automatically and may be inaccurate, incomplete, outdated, biased, misleading, or otherwise wrong. We do not warrant the accuracy, reliability, completeness, or suitability of any AI Output. AI Output is not professional advice of any kind — including legal, financial, tax, accounting, regulatory, marketing, or business advice — and is not a substitute for your own judgment or that of a qualified professional.

You are solely responsible for reviewing and verifying any AI Output before relying on it, and for every decision, message, or action you take based on it. Do not send communications, make business decisions, or take any action based on AI Output without independently confirming it is correct and appropriate. We are not responsible for any outcome resulting from your reliance on AI Output.

Automated AI features. Some features let you configure automations that generate, schedule, and send AI Output (including drafted messages) to your contacts automatically, on a schedule or trigger you define, without individual human review of each item. Enabling any such automation is optional and is at your sole discretion and risk. You are responsible for designing, testing, reviewing, and approving in advance the automation and its templates, content, audience, and triggering logic, and you agree that your configuration and activation of an automation constitutes your review, verification, and approval of the AI Output it generates and of every message or action it produces or takes on your behalf. You remain the sender of, and are solely responsible for, all such messages and actions (see Customer communications, SMS & email above), and nothing in this section conditions your responsibility on individual human review of each automated item.

AI Output is produced by probabilistic systems that may fabricate or “hallucinate” information — including statements, attributes, reasons, or other purported facts about specific, identifiable individuals (such as your customers) — that are false, misleading, or unverifiable. To the fullest extent permitted by law, you assume all risk arising from the generation, provision, content, and use of AI Output, whether or not you rely on it, and we disclaim all liability for the creation, content, and consequences of AI Output. You are responsible for independently confirming the truth and appropriateness of any AI Output that references an identifiable person before sending, publishing, recording, or otherwise acting on it.

Non-reliance. To the fullest extent permitted by law, you acknowledge and agree that you have not relied, and do not rely, on any representation, statement, label, score, metric, demonstration, marketing material, or other communication — whether in the Service interface, on our websites, or elsewhere — regarding the accuracy, reliability, completeness, performance, or fitness of any AI Output or the Service, other than the express terms of these Terms. Any such representation is expressly disclaimed, your sole rights and remedies are those stated in these Terms, and you agree this allocation of risk is a material inducement to our providing the Service to you.

The Service may enable you to send, schedule, or automate text messages (SMS/MMS), emails, voice messages, and other communications to your customers and contacts. You are the sender of those communications and are solely responsible for them.

Sole initiator. As between you and us, you alone determine the recipients, content, timing, frequency, and call-to-action of every communication and decide whether and when to send it. You are the sole “sender,” “maker,” “initiator,” and “caller” of each communication for all purposes, including the TCPA and CAN-SPAM, and we act solely as a conduit and message broadcaster transmitting your communications at your direction. You will not configure or use the Service in any manner that would cause us to be deemed the maker, initiator, sender, co-sender, or a party “on whose behalf” any communication is made. Nothing in the Service is a recommendation, instruction, or authorization by us to send any particular message to any particular person.

You represent, warrant, and agree that:

• you have obtained, before sending, every consent each applicable law requires for the specific message type and channel — including prior express written consent for any marketing or autodialed, automated, or prerecorded text or call where required — directly from each recipient for messaging by you; you have not purchased, rented, scraped, or otherwise acquired any recipient’s contact information from a third party for the purpose of contacting them; you scrub against and honor the National Do-Not-Call Registry and your own internal do-not-contact and opt-out/revocation lists; and, where required by law, you send only during permitted hours (generally 8:00 a.m. to 9:00 p.m. in the recipient’s local time);
• your communications comply with all applicable laws, regulations, and industry requirements, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing, consumer-protection, and recording laws, carrier rules, and messaging-platform registration and content requirements (e.g., A2P 10DLC);
• you will honor every opt-out, STOP, unsubscribe, and revocation-of-consent request made by any reasonable means, no later than the period required by law (currently within 10 business days under the TCPA), and you will not contact any recipient who has opted out; you remain solely responsible for honoring opt-outs regardless of any opt-out, STOP-keyword, suppression, or consent feature the Service may provide, and you will not disable, override, or circumvent any such feature or re-add, re-import, or re-message a contact who has opted out; and you are responsible for the content of every message you send;
• you will retain proof of each recipient’s consent for at least four (4) years and, upon our request, promptly provide it to us; if you do not or cannot, we may, in addition to our other rights, suspend or disable your messaging features; and
• you will not use the Service to send unlawful, deceptive, harassing, or unsolicited communications.

A2P 10DLC and number provisioning. Whether you message from a number you provide or one we or our providers provision for you, you are responsible for the accuracy and non-deceptiveness of all brand, campaign, use-case, and opt-in information, and you will use each number and campaign only for its registered use-case and opt-in flow. You authorize us to submit the registration information you provide to carriers and registries on your behalf and represent that it is true, accurate, and complete. You are responsible for, and will reimburse and indemnify us for, all carrier, aggregator, and registry (including The Campaign Registry) fees, surcharges, fines, penalties, throttling, and suspensions arising from your messaging, registration, or content.

We provide tools only. We do not review, approve, or guarantee the legality of your communications, and we are not your telemarketer, agent, or compliance advisor. Any consent flag, STOP/keyword processing, opt-out suppression, throttling, or other compliance feature the Service offers is provided “AS IS” as a convenience only, with no warranty that it will capture, record, or suppress every opt-out or non-consenting recipient, and is not a substitute for your own compliance program; you may not rely on it to satisfy your legal obligations, which remain solely yours. We may monitor, throttle, block, refuse to transmit, delay, or suspend any message, campaign, or your messaging entirely, at any time and without notice or liability, including to comply with applicable law or with carrier, aggregator, messaging-platform, or registry requirements or our acceptable-use terms. You will indemnify us for any claim arising from your communications.

You retain ownership of the data you submit to or generate through the Service, including data imported from your point-of-sale or other systems and information about your customers (“Customer Data”). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, and display Customer Data, and to create de-identified and aggregated data, as necessary to provide, secure, support, and improve the Service. Any de-identified or aggregated data we create will not identify you or any individual; we will maintain and use it only in de-identified or aggregated form, will not attempt to re-identify it, and will contractually require any recipient to do the same. With respect to personal information about your end customers, we act as your service provider/processor and handle it as described in our Privacy Policy and the Data processing section below.

You represent and warrant that you have all rights, permissions, and consents necessary to provide the Customer Data to us and to have us process it (including any personal information of your customers) as described in these Terms and our Privacy Policy, and that doing so does not violate any law or any third party’s rights.

The Service integrates with third-party products and services — for example, your point-of-sale or wash management system, payment processing (Stripe), telephony and messaging providers, and other vendors. Your use of those services is governed by their own terms and privacy policies. We do not control and are not responsible for third-party services, their availability, accuracy, security, or data practices, and any integration may change, break, or be discontinued at any time.

For personal information about your end customers contained in Customer Data, you are the controller and we are your processor. We will process that information only on your documented instructions — which consist of these Terms, our Privacy Policy, and your use and configuration of the Service — and only for the nature, purpose, type, and duration of processing necessary to provide the Service. As your processor we will: (a) ensure that personnel authorized to process such Customer Data are bound by appropriate obligations of confidentiality; (b) upon your written request, delete or return all such Customer Data to you at the end of the provision of the Service, except where retention is required by applicable law; (c) make available to you information reasonably necessary to demonstrate our compliance with applicable data-protection laws and, on reasonable notice, allow for and cooperate with reasonable assessments by you or your designated assessor — or, at our option, provide a report of an independent third-party audit; and (d) engage sub-processors only under a written contract requiring the sub-processor to meet obligations substantially equivalent to those in this section, while remaining responsible for their performance. This section is the controller-processor agreement referenced in our Privacy Policy and controls over any conflicting term as to such Customer Data. Nothing in this section makes us the controller of your end customers’ personal information.

You agree not to, and not to permit anyone to:

• use the Service in violation of any law or regulation, or to upload data you lack the rights to use;
• send unlawful, infringing, harassing, deceptive, or unsolicited communications through the Service;
• reverse engineer, decompile, scrape, or attempt to derive source code, or circumvent any security or usage limit;
• resell, sublicense, or provide the Service to third parties except as expressly permitted;
• upload malware or interfere with or disrupt the integrity or performance of the Service;
• attempt to access another customer’s account or data; or
• use AI Output in any manner prohibited by applicable law or by our AI providers’ usage policies.

We may investigate and suspend or terminate access for suspected violations.

Certain features require a paid subscription. Fees are described at the point of purchase (currently $199 per month for each wash “license”, billed monthly). By subscribing, you authorize us and our payment processor (Stripe) to charge your payment method on a recurring basis until you cancel.

• Fees are exclusive of taxes, which are your responsibility.
• Except where required by law or expressly stated, fees are non-refundable, and there are no refunds or credits for partial billing periods or unused features.
• We may change pricing or introduce new charges with notice; changes take effect on your next billing period. During beta, pricing and features may change.
• You may cancel at any time; cancellation stops future renewals. If a charge fails or you cancel, we may suspend or terminate paid features and access.

How to cancel. You can cancel your subscription at any time, with no retention call and no extra steps, by emailing contact@carwashblitz.com from the email address on your account. Cancellation takes effect at the end of your current paid month; you keep paid access until then and will not be charged again. Canceling is available online and is no more difficult than starting your subscription.

Billing disputes. If you believe a charge is incorrect, contact us at contact@carwashblitz.com within 60 days of the charge so we can investigate and resolve it before you dispute it with your bank or card issuer. Initiating a chargeback or payment dispute without first contacting us and giving us a reasonable opportunity to resolve it is a breach of these Terms; in that event we may suspend or terminate your access, you remain responsible for the disputed amounts and any other amounts owed plus our reasonable costs of responding to the dispute, and we reserve the right to submit these Terms and your usage records to contest any chargeback we believe is invalid. Nothing in this section waives any refund or dispute right you have under applicable law.

We and our licensors own all rights, title, and interest in the Service, including all software, designs, text, and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription. All rights not expressly granted are reserved.

Feedback. If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use them for any purpose without restriction or compensation.

AI Output. Subject to these Terms and the applicable AI provider’s terms, as between you and us you may use AI Output for your business. AI Output is provided without warranty, and identical or similar output may be generated for, and provided to, other users.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL AI OUTPUT, DATA, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

THE BLITZ PARTIES DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY OUTPUT, INSIGHT, METRIC, OR AI OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE.

Nothing in this section excludes or limits any warranty or liability that cannot lawfully be excluded or limited; the carve-out in the Limitation of liability section below applies equally to this section. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

As used in the Disclaimer of warranties above and in this Section, the terms “we,” “us,” and “our” include Carwash Blitz LLC, its affiliates, and our and their respective officers, directors, members, employees, contractors, agents, suppliers, and licensors (collectively, the “Blitz Parties”). Each of the Blitz Parties is an intended third-party beneficiary of these disclaimers and limitations and may enforce them directly.

TO THE FULLEST EXTENT PERMITTED BY LAW:

• THE BLITZ PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, CUSTOMERS, OR BUSINESS, arising out of or relating to the Service or these Terms, even if we have been advised of the possibility of such damages and even if a remedy fails of its essential purpose; and
• THE TOTAL AGGREGATE LIABILITY OF THE BLITZ PARTIES ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

We have no obligation to store, back up, retain, restore, or return Customer Data, and we are not liable for any deletion, loss, corruption, unavailability, or inaccuracy of Customer Data. To the fullest extent permitted by law, your sole and exclusive remedy for any dissatisfaction with, or outage, unavailability, or loss arising from, the Service is to stop using and cancel the Service.

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and are a fundamental basis of the bargain between us. You acknowledge that, because the Service is provided during beta and at the stated price, these allocations of risk are reasonable. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. For clarity, the foregoing limitations apply only to our liability and do not limit your indemnification obligations or your liability for breach of the Customer communications, SMS & email (TCPA) or Acceptable use sections.

Exceptions. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, gross negligence or willful misconduct, or death or personal injury caused by our negligence. All other liability is excluded or limited to the maximum extent permitted by applicable law. If any exclusion or limitation is held unenforceable as to a particular claim, (a) the remaining exclusions and limitations continue to apply to all other claims, and (b) our liability for the excepted claim remains limited to the greatest extent the law allows.

You will defend, indemnify, and hold harmless Carwash Blitz LLC, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your Customer Data or your use of the Service;
• your communications with your customers or contacts, including any claim under the TCPA, CAN-SPAM, the A2P 10DLC rules, or any consent-, telemarketing-, marketing-, or privacy-related law, including any claim that names, joins, or treats us as a sender, co-sender, maker, initiator, caller, or party on whose behalf any communication was made;
• any AI Output, or your access to, reliance on, use of, modification of, or distribution of any AI Output — including any message, decision, prediction, score, recommendation, or action you generate, send, or take based on it, and any claim by your customers or other third parties arising from it;
• carrier, aggregator, or registry fees, fines, penalties, throttling, or suspensions relating to your messaging or A2P 10DLC (or other messaging-platform) registration, including registration information you provided that is inaccurate or deceptive or use of a number outside its registered use-case;
• any security incident or unauthorized access affecting Customer Data, except to the extent the incident results directly from our failure to meet our security obligations described in the Privacy Policy;
• your violation of these Terms or any applicable law; or
• your violation or infringement of any third party’s rights.

You will conduct the defense of any indemnified claim with counsel reasonably acceptable to us, and you will not settle, compromise, or consent to the entry of any judgment with respect to any such claim in a manner that imposes any liability, payment, injunctive or other obligation, fault, or admission on us, or that requires us to take or refrain from any action, without our prior written consent. We may, at our own expense, participate in the defense with counsel of our own choosing. For clarity, indemnified claims include private, class, collective, consolidated, and representative actions; any investigation, inquiry, or enforcement action by any government, regulator, carrier, or self-regulatory body (including the FCC, FTC, and state attorneys general); and any statutory, liquidated, treble, enhanced, or per-message damages, fines, and penalties. Your obligations under this section are not subject to, and survive, the Limitation of liability section.

These Terms apply while you use the Service. You may stop using the Service and cancel at any time. We may suspend or terminate your access at any time, with or without notice, including if we reasonably believe you have violated these Terms or to protect the Service, other users, or us.

On termination, your license to use the Service ends and we will, on your written request, delete or return Customer Data as described in the Data processing section, and we may delete any remaining data after a reasonable period, except where retention is required by law. Sections that by their nature should survive — including those on your data and communications, data processing, fees, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law — survive termination.

PLEASE READ — THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Virginia, rather than in court — except that either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive or equitable relief for actual or threatened infringement or misuse of intellectual property or confidential information.

Class-action waiver. Disputes will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

Opt-out. You may opt out of this arbitration agreement by emailing contact@carwashblitz.com within 30 days of first accepting these Terms.

These Terms and any dispute arising out of them are governed by the laws of the State of Virginia, without regard to its conflict-of-laws rules, and the federal laws of the United States where applicable. Subject to the arbitration section above, the state and federal courts located in Virginia have exclusive jurisdiction, and you consent to their personal jurisdiction and venue.

We may update these Terms from time to time. If we make material changes, we will update the version and effective date above and may require you to re-accept the updated Terms before continuing to use the Service. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms. Each version of these Terms is identified by the version label and effective date shown above. The version of these Terms in effect and on file with us at the time you accept them — together with our archived copy of that version’s text — governs your acceptance, and we maintain a record of the version you accepted and the date of acceptance.

We keep electronic records of your acceptance of these Terms and our Privacy Policy, including the version you accepted, the date and time recorded by our systems, and the IP address and device information captured at the time of acceptance. You agree that these records, together with the other electronic and computer-maintained business records we keep regarding your account and your use of the Service, are admissible in any proceeding to the same extent as original business records kept in documentary form, and constitute conclusive evidence of the facts they record — including that you agreed to the then-current version of these Terms — absent clear evidence of error. You will not contest the admissibility, validity, or enforceability of these records, or of these Terms, on the ground that they were created, signed, transmitted, or stored electronically.

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision is modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them, including in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. We and you are independent contractors; nothing creates a partnership, agency, or employment relationship. These Terms are for the sole benefit of you and us (and our respective successors and permitted assigns); nothing in these Terms confers any right, benefit, or remedy on any third party, including your customers or message recipients, who are not parties to these Terms. Notices to us may be sent to contact@carwashblitz.com.

Questions about these Terms? Contact Carwash Blitz LLC at contact@carwashblitz.com.