Autobell® Car Wash
Mobile App User Agreement
- Modifications. We reserve the right to modify the App and the rules governing its use at any time, including, without limitation, these Terms. Modifications will be posted on the App and the “Last Updated” date at the top of these Terms will be revised. You understand and agree that if you use the App after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. We may make changes in the services described in the App at any time without prior notice to you.
- Restrictions on Use. You will not use the App for any use other than the business purpose for which it was intended. You will not take any of the following actions with respect to the App or the server hosting the App nor will you use our App to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the App in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the App or server hosting the App; (iii) manipulates or otherwise displays the App by using framing, mirroring or similar navigational technology or directly links to any portion of the App; (iv) uses any robot, spider, scraper or other automatic or manual means to access the App or copies any content or information on the App; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the App; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the App or any hardware, software, system or network connected with the App; (viii) probes, scans, or tests the vulnerability of or breach the authentication measures of the App or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the App; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (xvii) accesses systems, data or information that we do not intend to be made accessible to you. Use of the App is limited to persons sixteen (16) years of age or older.
- Access & Security. We reserve the right to take any action that we deem necessary to ensure the security of the App. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the App, and we reserve the right to change the access configuration of the App at any time without prior notice.
- No Warranties. THE APP AND ALL MATERIALS ON THE APP ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE APP OR ANY SERVICES, PRODUCTS, INFORMATION, OPINIONS, AND MATERIALS AVAILABLE THROUGH THE APP. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE APP BEFORE RELYING ON IT. USE OF THE APP IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE APP OR THE MATERIALS PROVIDED THROUGH THE APP WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 12 BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP SHALL BE TO DISCONTINUE USING THE APP. YOU ACKNOWLEDGE THAT, TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP PROVIDERS PROVIDE NO WARRANTY OR REPRESENTATION REGARDING THE APP.
- Trademarks. All trademarks, service marks and logos that are used or displayed on the Apps are owned by us or our licensors. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks or logos used on the App may be a violation of state, national and international trademark laws. Additionally, our custom icons, graphics, logos and scripting on the App may be covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without our prior written permission.
- Copyright Infringement Notification. We respect the intellectual property rights of authors. To assist copyright owners, we have appointed an agent to receive notifications of claims of copyright infringement regarding materials available or accessible on, through, or in connection with our App and services in compliance with Section 512 of Title 17 of the United States Code (“Copyright Act”). Any person authorized to act for a copyright owner may notify us of such claims by contacting our “Designated Agent”: by mail at Autobell Car Wash, Inc, Attn: Marketing Manager, 1521 East 3rd Street, Charlotte, NC 28204; or through our contact form and providing all relevant information, including a description of the copyrighted work that you claim has been infringed upon, a description of where such material is located on the App, a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, a statement made by you under the penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner, your address, telephone number and email address, a physical signature of the person authorized to act on behalf of the copyright owner, and any other information as may be required by Title 17, Section 512(c)(3) of the Copyright Act. The contact information for the Designated Agent is also available from the Register of Copyrights. The foregoing contact information is for use solely with notice of copyright infringement and you may not receive a response to any other communications, feedback, comments or requests for technical support delivered to the foregoing address or e-mail.
- Additional Products or Services. The App may make available to you for your purchase or use additional products or services. Use of these products or services is subject to the Additional Products and Services Terms provided below.
- UnlimitedSM Plan Enrollment. Primary Users may enroll in the UnlimitedSM Plan in two ways: (1) by creating their own account, entering their payment method details, and setting up their vehicle within the Autobell® Mobile App; or (2) through an Autobell team member prior to the first wash. The team member will text the Primary User’s cell phone number with instructions and a link to the UnlimitedSM Terms and Conditions, and the Primary User must text back their email address to accept these Terms and Conditions. Once the Primary User selects the plan they would like, the team member will process payment and being the first wash. All plans are offered at a promotional price listed in the original text message. The first wash is covered by the Primary User’s UnlimitedSM Plan.
- Registration, Access & Security. If you use any of our services or provide us any information through the App, including, without limitation, your name, education background, birth date, age, bank account information, address, zip code, phone number, contact details, email address, and/or your password (collectively, your “Account Data”) for any accounts associated with you (your “Account(s)”), you agree to provide true, accurate, current, complete and up-to-date information. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the App (or any portion thereof). We reserve the right to take any action that we deem necessary to ensure the security of the App and your Account, including without limitation changing your password, terminating your Account, or requesting additional information to authorize transactions on your Account. You are solely responsible for keeping your Account Data and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your Account Data or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Account Data and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You will immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your Account security.
- Alternate Login Methods. You may be able to access your account within the App by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your mobile device. These features are provided through your mobile device’s built-in functionality, and we have no responsibility for any failure of these features, either where such failure may prevent you from accessing your account or where such failure may permit an unauthorized third party to access your account. When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by us or on our behalf. Be aware that if you enable features such as fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your device may have access to the information contained within the App, including your Account Data.
- Multiple Payment Methods. You may save multiple payment methods (credit or debit cards) to be available and used for payments in the App. The first payment method added to the account will automatically serve as the default payment method for the account and will automatically be billed for all purchases, including subscription and non-subscription purchases. Users may change their default payment method at any time.
- Reviews, Comments and Other Content. If you post or submit any reviews, comments, photos, statements, ideas, questions or other content, or any names or user names associated with any of the foregoing, to the App or to us (collectively, the “Content”), you acknowledge and agree that all such Content will comply with these Terms (including, without limitation, Section 3 above) and you may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the Content. Unless we indicate otherwise, you grant us an irrevocable, perpetual, fully paid up, royalty-free, enterprise wide, worldwide license to copy, modify, sell create derivative works from, or otherwise use the Content on any media and in any form for our business purposes. You represent and warrant that all Content that you submit or post complies with any applicable guidelines or rules of the United States Federal Trade Commission, including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising and disclosure requirements. You represent and warrant that all Content you submit to the App or us is accurate, truthful and non-deceptive and that all Content has evidence to back up the claims made.
- Indemnity. To the extent permitted under applicable law in the jurisdiction in which You reside, You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of: (i) your use of the App; (ii) your violation of these Terms; (iii) any Content you provide; (iv) your negligence, fraud, or willful misconduct; (v) your Account; and/or (vi) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.
- Limitation of Liability. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APP, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES AND/OR PRODUCTS WE HAVE PROVIDED TO YOU ON OR THROUGH THE APP, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE APPS; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE APP; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE APP, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE APP; OR (3) VIRUSES.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE APP, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TWENTY UNITED STATES DOLLARS ($20.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE APP WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.
BY ACCESSING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
We are providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to the App is at your own risk. We are under no obligation to maintain any link on the App and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.
- No Fiduciary Relationship. Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us. These Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on our behalf or bind us in any way.
- Electronic Communications and Notice. When you visit the App or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), sending you messages through the mobile application we provide, or by posting notices on the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for Autobell® is “Autobell® Mobile App License Team, 1521 East 3rd Street, Charlotte, NC 28204”. Any notice sent in the manner set forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the U.S. mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section.
- Use Outside of the United States; Choice of Law; and Venue. The App is operated by us from our offices within the United States of America. We make no representation that the information in the App is appropriate or available for use in other locations, and access to the App from territories where the contents of the App may be illegal is prohibited. Those who choose to access the App from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. By using the App, regardless of where you live or are located in the world, you consent to these Terms, and any claims relating to the information, services or products made available through the App will be governed by the laws of the State of North Carolina, U.S.A., excluding the application of its conflicts of law rules. These Terms will be governed by, construed and interpreted in accordance without reference to the United Nations Conventions on Contracts for the International Sale of Goods. You agree that venue for all actions, relating in any manner to these Terms, will be in a federal or state court of competent jurisdiction located in North Carolina, U.S.A.
- Time Limit on Claims Against us. You agree that any claim you may have arising out of or related to your use of the App or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
- Severability and Waiver. If any provision of these Terms will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
- Assignment. We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Terms or your rights under these Terms without our prior written consent, and any assignment in violation of this prohibition will be null and void.
- Our Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
27. Third Party Beneficiaries and App Provider Terms. You acknowledge and agree that the App Providers, and their subsidiaries, are third party beneficiaries of these Terms, and that, upon your use of the App (which we consider your acceptance of these Terms), an App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You further agree to comply with our App Providers’ terms and conditions: (a) Apple Media Services Terms and Conditions (available at: https://www.apple.com/legal/internet-services/itunes/us/terms.html); and (b) Google Play Terms of Service (available at: https://play.google.com/about/play-terms/index.html), which are incorporated herein and made a part of these Terms by this reference.
28. How to Contact Us. If you have any questions regarding the App, these Terms, please contact at us at:
Autobell® Car Wash, Inc.
Attn: Marketing Department, Mobile App License
1521 East 3rd Street
Charlotte, NC 28204
By Contact Form
28. Survival. Sections 3 through 7 and 9 through 24 of these Terms and any other provision of these Terms, which by its nature is required for the interpretation of the foregoing sections will survive any termination of these Terms.
Additional Product and Services Terms
Autobell® Car Wash App Products Terms and Conditions
Autobell® Car Wash App Products are issued by and are property of Autobell® Car Wash, located at 1521 East 3rd Street Charlotte, North Carolina 28204 (“Autobell”). By purchasing an Autobell® Car Wash App Product, you agree to these Terms and Conditions. Autobell reserves the right to change these Terms and Conditions at any time without notice.
1. Autobell® Car Wash App Gift Card Program. The Autobell® Car Wash App Gift Card program allows the purchase and delivery of a virtual Autobell® Car Wash App Gift Cards via email for use through the app. Autobell® will send the recipient an email notifying them that they received an Autobell® Car Wash App Gift Card. The Autobell® Car Wash App Gift Card will be redeemable only with download and use through the Autobell® Car Wash Mobile App. The customer may redeem the App Gift Card in the app for use toward a specific wash option and present the app barcode via the mobile app to the cashier at the time of payment. Mobile App Gift Cards are good for all wash purchases at participating locations. Not valid towards prepaid tickets, Unlimited℠ plans, or website purchases. Not redeemable for cash. Any unused amount can be applied to a future wash purchase. Cannot be combined with any other offer. No expiration.
2. App Gift Card Available Balance. You may obtain the balance available on the Autobell® Car Wash App Gift Card through the Autobell® App. Note, however, that the balance provided to you by the App, in any instance, may not be current, and could possibly inaccurately reflect the balance of the Autobell® Car Wash App Gift Card.
3. Restrictions on Use. The Autobell® Car Wash App Gift Card may only be used for making wash purchases at participating Autobell® locations. Present the App with the redemption barcode visible to the cashier at the time of payment. Any unused amount can be applied to a future purchase. If your purchase exceeds the amount of your Autobell® Car Wash App Gift Card balance, you must pay the difference by other means through the app. Autobell® Car Wash App Gift Cards do not expire. Autobell® Car Wash App Gift Cards are not refundable or returnable. Autobell® Car Wash App Gift Cards cannot be redeemed for cash and unused balances are not transferable. Treat the Autobell® Car Wash App Gift Card like cash. Since your Autobell® Car Wash App Gift Card can be used like cash, you are responsible for all transactions, including unauthorized transactions.
4. Additional Terms. Autobell® makes no representations, warranties, or conditions of any kind, express or implied, with respect to the Autobell® Car Wash App Gift Card, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from usage in trade, course of dealing, or course of performance. Autobell® does not represent or warrant that your Autobell® Car Wash App Gift Card will always be accessible or accepted.
5. Jurisdiction. When you purchase, receive, or redeem an Autobell® Car Wash App Gift Card, you agree that the laws of the State of North Carolina shall govern these Terms and Conditions, without regards to principles of conflict of laws.