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CARWASH CONNECT — TERMS OF SERVICE
Effective Date: August 6, 2026
Last Updated: August 6, 2026
PLEASE READ THESE TERMS CAREFULLY. SECTION 22 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 22.8.
1. AGREEMENT TO THESE TERMS
1.1 Parties
These Terms of Service (the "Terms") form a binding agreement between you ("you," "your," or "User") and Flying Fish Auto Wash, LLC, a Texas limited liability company doing business as CarWash Connect ("CarWash Connect," "we," "us," or "our").
1.2 Acceptance
By creating an account, tapping "continue," "sign up," or a similar control during registration, requesting or accepting a wash, or otherwise accessing or using the CarWash Connect website, mobile applications, or related services (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.
If you do not agree to these Terms, do not use the Platform.
1.3 Additional Terms
Certain features are governed by supplemental terms presented to you in-app, including the Washer onboarding and verification requirements (Section 7), the Personal Auto Policy Confirmation (Section 6.5), and the CarWash Connect Protection Program Terms (Section 13). Supplemental terms are incorporated into these Terms. If supplemental terms conflict with these Terms, the supplemental terms control for that feature only.
1.4 Third-Party Terms
Payment processing, identity verification, and payouts are provided by Stripe, Inc. ("Stripe"). Your use of those functions is additionally subject to the Stripe Services Agreement, the Stripe Connected Account Agreement (for Washers), and Stripe's privacy policy. You authorize us to share information with Stripe as necessary to process payments, verify identity, and remit payouts.
2. DEFINITIONS
- "Customer" means a User who requests, books, or pays for a Wash Service through the Platform. The Platform may refer to Customers as "buyers."
- "Washer" means an independent User who offers, accepts, and performs Wash Services through the Platform.
- "Wash Service" means the vehicle cleaning services arranged through the Platform, in either the On-Site Mode or the Pickup Mode.
- "On-Site Mode" means a Wash Service in which a Washer travels to the Vehicle's location and cleans the Vehicle where it sits.
- "Pickup Mode" means a Wash Service in which a Washer takes physical custody of the Vehicle, drives it to a third-party car wash facility, and returns it to the designated drop-off location.
- "Job" means a single requested, accepted, or completed Wash Service recorded on the Platform, including its status, pricing, photos, and payment records.
- "Vehicle" means the motor vehicle a Customer registers on the Platform and submits for a Wash Service.
- "Content" means any text, photographs, ratings, reviews, vehicle information, location data, documents, or other materials submitted to or through the Platform.
- "Service Area" means the geographic radius around a location that a Washer designates as an area in which they will accept Jobs.
3. THE PLATFORM IS A MARKETPLACE
3.1 Our Role
CarWash Connect is a technology platform that connects Customers with independent Washers. We do not wash vehicles, we do not drive vehicles, and we do not employ Washers. We are not a car wash company, an auto detailer, a motor carrier, a valet service, a parking operator, a garage keeper, a bailee for hire, an insurance company, or an insurance broker.
3.2 No Agency or Employment
Washers are independent contractors of the Customers who engage them. Nothing in these Terms creates an employment, agency, partnership, joint venture, or franchise relationship between CarWash Connect and any Washer or Customer. Washers control the manner, means, timing, and methods of their work, supply their own equipment and supplies, set their own availability and Service Areas, and are free to accept or decline any Job and to provide services outside the Platform.
3.3 Contract for Services Is Between Users
When a Washer accepts a Job, a direct contract for services is formed between the Customer and the Washer. CarWash Connect is not a party to that contract. We do not guarantee the quality, safety, legality, timeliness, or outcome of any Wash Service, and we do not guarantee that any Job will be accepted, performed, or completed.
3.4 Screening Is Limited
We apply the verification steps described in Section 7. Those steps are limited, are not a guarantee of any User's identity, character, competence, driving ability, criminal history, immigration status, licensure, or insurance status, and should not be relied upon as such. You are responsible for exercising your own judgment before allowing a Washer access to your Vehicle or before entering any Customer's property.
4. ELIGIBILITY
4.1 General Requirements
To use the Platform, you must be at least 18 years old, have the legal capacity to enter into a binding contract, and not be barred from using the Platform under applicable law. You may not use the Platform if you have previously been suspended or removed from it.
4.2 Customer Requirements
To request a Wash Service, you must be the owner of the Vehicle or have the vehicle owner's express authority to submit the Vehicle for the requested Wash Service, including — for Pickup Mode — express authority to permit a third party to operate the Vehicle on public roads.
4.3 Washer Requirements
To perform Wash Services, you must satisfy the onboarding, verification, and insurance requirements in Section 7 and receive approval from CarWash Connect. Approval may be withheld, conditioned, or revoked at our discretion.
4.4 Geographic Availability
The Platform is offered only in areas where Washers have established active Service Areas. We make no commitment that the Platform will be available in any particular location or at any particular time.
5. ACCOUNTS AND SECURITY
5.1 Account Registration
You must provide accurate, current, and complete information when you register and keep it updated. You may hold only one account unless we authorize otherwise. Accounts are personal to you and may not be sold, transferred, or shared.
5.2 Roles
Each account is associated with a role (Customer, Washer, or administrator). Access to Platform features depends on your role and, for Washers, on your verification and approval status.
5.3 Credentials
You are responsible for maintaining the confidentiality of your password and for all activity under your account. Notify us immediately at the address in Section 26 if you suspect unauthorized access.
5.4 Device Permissions
Certain features require device permissions — including location services, camera access, and notification permissions. If you decline or later revoke these permissions, features such as live tracking, nearby Job alerts, and photo documentation may not function. Washers must enable location permissions to receive and perform Jobs.
6. CUSTOMER TERMS
6.1 Vehicle Information
You must register your Vehicle with accurate year, make, model, color, and license plate information. Vehicle make and model options are populated from a third-party vehicle data provider; we do not warrant the accuracy or completeness of that data.
6.2 Location and Access
You must designate an accurate location for the Wash Service, including by positioning the map pin on your Vehicle's actual location. You represent that you have the legal right to have the Wash Service performed at that location, and that doing so does not violate any lease, HOA rule, municipal ordinance, water-use restriction, property rule, or other applicable requirement. You are responsible for ensuring the Washer has lawful and safe access to the Vehicle.
6.3 Preparing the Vehicle
Before a Wash Service, you must remove all valuables, cash, electronics, firearms, medications, controlled substances, hazardous materials, pets, and personal items from the Vehicle. CarWash Connect is not responsible for loss of or damage to any personal property left in or on a Vehicle.
6.4 Vehicle Condition
You must disclose any condition that makes the Vehicle unsafe or unsuitable for the requested Wash Service, including mechanical defects, brake or tire problems, inoperable lights, expired registration, aftermarket or delicate finishes (such as vinyl wraps, matte paint, or paint protection film), pre-existing damage, unrepaired recalls, or any condition that would make operating the Vehicle unlawful. You represent that the Vehicle is lawfully registered and roadworthy.
6.5 Pickup Mode — Keys, Custody, and Your Insurance
For Pickup Mode, a Washer will take custody of your Vehicle and operate it on public roads.
By selecting Pickup Mode and providing the confirmation presented in the app, you represent and agree that:
(a) you carry your own auto insurance on the Vehicle and that your personal policy applies while a Washer operates the Vehicle;
(b) your policy is primary for any loss, damage, liability, or claim arising while the Vehicle is in a Washer's custody or being operated by a Washer;
(c) you expressly permit the assigned Washer to operate the Vehicle for the limited purpose of transporting it to and from a car wash facility; and
(d) you understand that CarWash Connect does not insure your Vehicle and does not provide liability coverage for its operation.
You are solely responsible for confirming with your insurer whether and to what extent your policy responds when a permissive user operates your Vehicle. Some policies contain exclusions. We recommend you confirm your coverage before selecting Pickup Mode.
6.6 Third-Party Car Wash Facilities
In Pickup Mode, the actual washing is performed at a third-party facility selected by the Washer. CarWash Connect does not own, operate, control, inspect, endorse, or assume responsibility for those facilities or for damage caused by their equipment, chemicals, or personnel.
6.7 Availability of the Washer
After you submit a request, the Job is broadcast to eligible Washers whose Service Areas cover your location. We do not guarantee that any Washer will accept your Job or accept it within any particular time. If no Washer accepts, the Job will not proceed and any payment authorization will be released as described in Section 9.
7. WASHER TERMS
7.1 Independent Contractor Status
You acknowledge that you are an independent contractor and not an employee, agent, joint venturer, or partner of CarWash Connect. You are solely responsible for your own federal, state, and local taxes, including self-employment tax; for any business licenses, permits, or registrations required in your jurisdiction; and for your own equipment, supplies, water, chemicals, transportation, and expenses. You are not eligible for workers' compensation, unemployment insurance, health benefits, paid leave, or any other employee benefit from CarWash Connect.
7.2 Onboarding and Verification
Before you may accept Jobs, you must complete each of the following and be approved by us:
(a) Identity verification. Government-issued driver's license verification and an identity selfie, processed through Stripe Identity.
(b) Proof of insurance. Upload of a current proof-of-insurance document.
(c) Background check. Submission of background screening documentation as we may require.
(d) Payout account. Creation and completion of a Stripe Connect connected account, including all identity and banking information Stripe requires.
(e) Administrative approval. Review and approval by CarWash Connect. Your application may be approved, held in review, or declined. If declined, you will be notified in the app.
7.3 Ongoing Requirements
You must, at all times while active on the Platform:
(a) hold a valid, unrestricted driver's license if you accept Pickup Mode Jobs;
(b) maintain auto insurance meeting or exceeding your state's minimum requirements, and promptly provide updated proof on request;
(c) promptly notify us of any license suspension or revocation, any material change in your insurance, any arrest or conviction relevant to your services, and any accident or incident involving a Customer Vehicle;
(d) comply with all applicable traffic, environmental, water-discharge, wastewater, noise, and licensing laws; and
(e) keep your Stripe connected account in good standing.
Your personal auto policy may exclude or limit coverage for driving a vehicle you do not own, for business or commercial use, or for both. You are solely responsible for determining whether your coverage responds to your activities on the Platform and for obtaining any additional coverage you need. CarWash Connect does not provide you with auto liability, physical damage, garage keepers, general liability, or occupational accident coverage.
7.4 Accepting and Performing Jobs
You are free to accept or decline any Job. Once you accept a Job, you agree to perform it with reasonable care and skill, to update the Job status accurately and promptly (including arrival, en route, in progress, and completion), and to communicate professionally with the Customer.
7.5 Custody of Vehicles
When you take custody of a Vehicle in Pickup Mode, you must:
(a) operate the Vehicle only for the direct purpose of transporting it to and from the car wash facility and returning it to the designated drop-off location;
(b) not permit any other person to operate the Vehicle;
(c) not transport passengers, cargo, or animals in the Vehicle;
(d) not use the Vehicle for any personal errand, ride-hail, delivery, or other purpose;
(e) not smoke, vape, or consume food, alcohol, or controlled substances in the Vehicle;
(f) not exceed the reasonable, direct route, and not retain the Vehicle longer than necessary;
(g) immediately report any accident, citation, mechanical failure, theft, or damage to the Customer and to us; and
(h) never operate a Vehicle while impaired.
Unauthorized use of a Customer's Vehicle is a material breach of these Terms, may constitute a crime, and will result in immediate removal from the Platform and referral to law enforcement.
7.6 Photo Documentation
You must capture and upload photographs of the Vehicle as prompted by the Platform — at minimum, pickup photos before taking custody and drop-off photos on return for Pickup Mode Jobs, and at least two clear photographs where the Platform requires them. Photographs must be clear, current, unedited, and accurately depict the Vehicle's actual condition. Photographs protect both you and the Customer. Failure to capture required photographs may result in a dispute being resolved against you, forfeiture of payout, and removal from the Platform.
7.7 Service Areas and Availability
You may define one or more Service Areas by location and radius and may toggle your availability. You will receive Job alerts only when you are available, approved, and within range of the requesting Customer. We do not guarantee any volume of Jobs, any level of earnings, or any minimum income.
7.8 Suspension, Rejection, and Archival
We may decline your application, place your account in pending review, reject your verification, suspend your access, or archive your account at any time, including for safety concerns, low ratings, disputed Jobs, verification failures, expired insurance, or breach of these Terms.
8. PRICING AND FEES
8.1 Platform-Set Pricing
CarWash Connect sets the base price for each Wash Service based on the selected mode (On-Site Mode or Pickup Mode) and other factors. The total price presented to you before you confirm a request includes:
(a) the wash price — the amount attributable to the Wash Service;
(b) a service fee — a fee retained by CarWash Connect for use of the Platform; and
(c) applicable taxes, where required.
CarWash Connect also retains a platform commission calculated as a percentage of the wash price. The commission is deducted from the amount remitted to the Washer.
8.2 Price Changes
We may change prices, service fees, and commission rates at any time. Changes apply prospectively to Jobs requested after the change takes effect. The price shown to you at the time you confirm a Job is the price that applies to that Job, except as adjusted for tips or refunds.
8.3 Tips
Customers may add an optional tip after a Job is completed. Tips are voluntary, are processed as a separate charge, and are remitted to the Washer. CarWash Connect does not retain a commission on tips. Tips are not refundable except in our discretion.
8.4 Taxes
You are responsible for determining and satisfying your own tax obligations. Washers are responsible for reporting and paying all taxes on amounts they receive. Where required by law, Stripe or CarWash Connect may issue tax forms and may collect tax identification information.
9. PAYMENT AUTHORIZATION AND CHARGES
9.1 Payment Method Required
Customers must add and maintain a valid payment method through Stripe. You authorize us and Stripe to store your payment method and to charge it for Jobs, tips, and any other amounts you owe under these Terms.
9.2 Authorization at Booking, Capture at Completion
When you request a Wash Service, we place an authorization hold on your payment method for the total price. The hold is captured — that is, actually charged — when the Job is marked complete. If the Job is cancelled or expires without completion, the authorization is released. Depending on your bank, a released authorization may take several business days to disappear from your statement. CarWash Connect does not control that timing.
9.3 Failed Payments
If an authorization or capture fails, the Job may be cancelled, your access may be suspended, and we may retry the charge or pursue collection of amounts owed. You are responsible for any fees your bank charges you.
9.4 Receipts
Receipts and payment confirmations are made available in the app and by email.
9.5 Chargebacks
If you believe a charge is incorrect, contact us first at the address in Section 26 and use the dispute process in Section 13. Initiating a chargeback without first using the in-app dispute process may result in suspension of your account. We reserve the right to contest chargebacks and to submit Job records, photographs, timestamps, and location data as evidence.
10. WASHER PAYOUTS
10.1 Stripe Connect
Washer payouts are processed exclusively through Stripe Connect. You must maintain a connected account in good standing to receive payouts. Funds flow through Stripe; CarWash Connect does not hold Washer funds as a deposit-taking institution.
10.2 Payout Timing and Amount
After a Job is marked complete and payment is captured, the Washer's payout — the wash price less the platform commission, plus any tip — is transferred to the Washer's connected account. Transfer and settlement timing is governed by Stripe and by the Washer's bank. We do not guarantee any particular settlement date.
10.3 Adjustments, Holds, and Offsets
We may withhold, delay, reverse, or offset a payout where: a dispute is open on the Job; we suspect fraud, misuse, or unauthorized use of a Vehicle; the required photo documentation is missing or inadequate; a refund has been or is likely to be issued; the Job was not actually performed; or you owe us amounts under these Terms. If a refund is issued after a payout, you authorize us to recover the amount from future payouts or to invoice you directly.
10.4 Errors
If a payout error occurs, notify us within 30 days. We will investigate and correct verified errors. Transfer failures reported by Stripe are recorded on the Job and we will work with you to resolve them.
11. CANCELLATIONS AND NO-SHOWS
11.1 Customer Cancellation
Customers may cancel a Job through the app. If cancellation occurs before a Washer accepts, no charge applies and the authorization is released. If cancellation occurs after a Washer has accepted, is en route, or has taken custody of the Vehicle, we may charge a cancellation fee up to the full amount of the Job to compensate the Washer for time and travel. The Washer is notified when a Customer cancels.
11.2 Washer Cancellation
Washers should not cancel accepted Jobs except for genuine safety, mechanical, or emergency reasons. Repeated or late cancellations may result in reduced Job visibility, suspension, or removal.
11.3 Customer Unavailability
If a Washer arrives and cannot access the Vehicle, cannot obtain keys, or cannot reach the Customer within a reasonable time, the Job may be cancelled and a cancellation fee may apply.
11.4 Unsafe or Unsuitable Conditions
A Washer may decline to perform or may discontinue a Job if conditions are unsafe, unlawful, or materially different from what was described — including an inaccessible location, a Vehicle in unsafe or unlawful condition, hazardous materials, aggressive animals, threatening behavior, or a location where washing is prohibited. Fees may apply.
12. PHOTOS, RATINGS, AND CONTENT
12.1 Photo Documentation as Record
Photographs captured through the Platform at pickup and drop-off form part of the Job record. Both parties should review them. Photographs are a primary source of evidence in the dispute process described in Section 13. Photos taken through the Platform may include automatically recorded time and location metadata.
12.2 Ratings
Customers may rate completed Jobs. Ratings help maintain the integrity of the network. Ratings must be honest and based on actual experience. You may not manipulate ratings, offer or accept anything of value in exchange for a rating, or retaliate against a User for an honest rating. We may remove ratings that violate these Terms, and we may use ratings to determine Job eligibility, visibility, and continued access to the Platform.
12.3 Your Content License
You retain ownership of Content you submit. You grant CarWash Connect a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, display, and distribute your Content for the purposes of operating, improving, marketing, and protecting the Platform, resolving disputes, and complying with law. This license survives termination of your account with respect to Content already submitted.
12.4 Content Standards
You represent that you have all rights necessary to submit your Content and that your Content is accurate and not unlawful, defamatory, obscene, harassing, infringing, or misleading. We may remove Content at our discretion but have no obligation to monitor Content.
13. DISPUTES, REFUNDS, AND CARWASH CONNECT PROTECTION
13.1 In-App Dispute Process
If you are dissatisfied with a Wash Service or believe your Vehicle was damaged, you must open a dispute through the Platform and describe the issue, including the reason you are requesting a refund. Disputes must be opened within 72 hours of Job completion, or as soon as reasonably possible where the issue could not have been discovered within that window. Disputes opened later may be denied.
13.2 Review and Resolution
Our administrators review disputes, including the Job record, photographs, timestamps, location data, and statements from both parties. We may resolve a dispute by issuing a full refund, a partial refund, or no refund, and by adjusting or withholding the Washer's payout accordingly. Our determination of an in-app dispute is final as between the parties for purposes of the Platform's internal process. It does not limit any right you may have to pursue a claim directly against the other User, or your rights under Section 22.
13.3 Refunds
Approved refunds are issued to the original payment method through Stripe. Refund settlement timing depends on your bank. A refunded Job is marked as refunded in the Job record.
13.4 CarWash Connect Protection — Limited Guarantee, Not Insurance
(a) What it is. CarWash Connect Protection is a limited, discretionary reimbursement program offered by CarWash Connect for direct physical damage to a Customer's Vehicle caused by a Washer's negligence during a Job arranged through the Platform.
(b) IT IS NOT INSURANCE. CarWash Connect Protection is not an insurance policy, is not a contract of insurance, is not an insurance certificate, and does not make CarWash Connect an insurer. It does not replace, and is not a substitute for, your own auto insurance. It creates no third-party beneficiary rights and confers no rights on any insurer or subrogee.
(c) Coverage limit. Reimbursement under the program is capped at US $5,000 per Job, and at the actual, documented cost of repair or the actual cash value of the Vehicle, whichever is less. The cap is per Job, not per claim, per part, or per person.
(d) Excess and secondary only. The program is excess and secondary to every other source of recovery, including your own auto policy, any collision or comprehensive coverage, any warranty, any credit card benefit, and any recovery from the Washer or a third-party car wash facility. You must first pursue and exhaust those sources. We may require proof of denial or exhaustion.
(e) Conditions. Reimbursement is available only if all of the following are met: the Job was booked and paid for through the Platform; you opened a dispute within the window in Section 13.1; the required pickup and drop-off photographs exist and support the claim; you provide a written repair estimate from a licensed repair facility and any other documentation we request; you cooperate fully with our investigation; you have not made a material misrepresentation; and your account is in good standing.
(f) Exclusions. The program does not cover, without limitation: pre-existing damage; wear and tear; mechanical, electrical, or cosmetic conditions not caused by the Washer; damage to vinyl wraps, matte finishes, paint protection film, aftermarket parts, or delicate or non-factory finishes; water intrusion into a Vehicle with defective seals, open windows, or unrepaired damage; damage caused by third-party car wash facilities or their equipment; loss or theft of personal property; diminished value; loss of use, rental, or towing costs; personal injury; liability to third parties; consequential, indirect, or punitive damages; damage from an accident where the Vehicle was operated unlawfully; claims where required photographs are absent; and claims arising from a Job that was not booked and paid through the Platform.
(g) Discretionary. Payments under the program are made at our sole discretion. We may modify, suspend, or terminate the program at any time, prospectively. We may require a release as a condition of payment. Payment of one claim does not obligate us to pay another.
(h) Your insurance is primary. Nothing in this program alters Section 6.5. Your personal auto policy is primary for any loss involving your Vehicle.
14. COMMUNICATIONS AND NOTIFICATIONS
14.1 Consent
By creating an account, you consent to receive communications from us and from other Users through the Platform, including push notifications, SMS text messages, and email, relating to Jobs, alerts, verification, payments, disputes, security, and Platform administration. These are transactional communications necessary to provide the service.
14.2 Marketing
We may send you promotional communications. You may opt out of marketing messages at any time using the unsubscribe link, replying STOP to a text message, or adjusting your notification settings. You may not opt out of transactional communications while your account is active.
14.3 Message Rates
Message and data rates may apply. You are responsible for your carrier charges.
14.4 Electronic Records
You consent to receive notices, agreements, and disclosures electronically and agree that electronic delivery satisfies any legal requirement that a communication be in writing.
15. PROHIBITED CONDUCT
You may not, and may not permit any third party to:
(a) use the Platform for any unlawful purpose or in violation of any law, ordinance, or regulation, including environmental, water-use, wastewater, and stormwater rules;
(b) circumvent the Platform to arrange or pay for services introduced through it, in order to avoid fees ("off-platform transactions");
(c) misrepresent your identity, vehicle ownership, insurance status, license status, or qualifications, or submit forged, altered, or fraudulent documents;
(d) create multiple or fraudulent accounts, or use another User's account;
(e) operate a Customer's Vehicle other than as expressly permitted in Section 7.5;
(f) harass, threaten, stalk, discriminate against, or harm any User, or engage in any conduct that is violent, sexually inappropriate, or discriminatory on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, age, disability, veteran status, or any other protected characteristic;
(g) copy, retain, or misuse another User's personal information, address, location, phone number, or Vehicle information for any purpose other than performing a Job;
(h) damage, tamper with, search, or steal from a Vehicle or property;
(i) submit false, inflated, duplicative, or fraudulent disputes, refund requests, or Protection claims;
(j) manipulate ratings, prices, Job assignment, or the geographic matching system, including by spoofing location;
(k) scrape, crawl, reverse engineer, decompile, or attempt to derive the source code of the Platform, or use bots, scripts, or automated means to access it;
(l) introduce malware, attempt to gain unauthorized access to any system or account, or interfere with the Platform's operation or security;
(m) resell, sublicense, or commercially exploit the Platform other than as expressly permitted; or
(n) use the Platform to transport persons, goods, or anything other than the Vehicle itself in Pickup Mode.
16. THIRD-PARTY SERVICES
The Platform integrates third-party services, including Stripe (payments, identity verification, and payouts), mapping and geocoding providers, vehicle data providers, push notification providers, and native mobile application infrastructure. These services are provided by independent third parties under their own terms and privacy practices. We do not control and are not responsible for third-party services, their availability, accuracy, or their acts or omissions. Third-party outages may prevent Jobs from being requested, accepted, tracked, paid, or refunded.
17. SUSPENSION, TERMINATION, AND ACCOUNT DELETION
17.1 By You
You may stop using the Platform at any time. You may request deletion of your account through the in-app account deletion request or by contacting us at the address in Section 26.
17.2 By Us
We may suspend, restrict, archive, or terminate your account and access to the Platform at any time, with or without notice, including for breach of these Terms, suspected fraud, safety concerns, expired or invalid verification or insurance, chargebacks, repeated disputes, low ratings, inactivity, legal requirement, or discontinuation of the Platform.
17.3 Effect of Termination
On termination: your right to access the Platform ends immediately; Jobs in progress may be cancelled; you remain liable for all amounts owed; and Washers remain entitled to payouts for Jobs properly completed before termination, subject to Section 10.3. We may retain records — including Job records, photographs, transaction records, dispute records, and verification records — as required for legal, tax, accounting, audit, fraud-prevention, and dispute-resolution purposes, as described in our Privacy Policy.
17.4 Survival
Sections 3, 6.5, 7.1, 8, 9, 10.3, 12.3, 13, 15, and 17 through 26 survive termination.
18. INTELLECTUAL PROPERTY
The Platform, including its software, design, text, graphics, logos, trademarks, and the "CarWash Connect" name, is owned by Flying Fish Auto Wash, LLC or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for its intended purpose. All rights not expressly granted are reserved. You may not use our trademarks without our prior written consent. Any feedback you provide may be used by us without restriction or compensation.
19. DISCLAIMERS
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARWASH CONNECT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (a) THE PLATFORM WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE; (b) ANY WASHER WILL ACCEPT, ARRIVE FOR, OR COMPLETE ANY JOB; (c) ANY WASH SERVICE WILL BE OF ANY PARTICULAR QUALITY OR WILL MEET YOUR EXPECTATIONS; (d) ANY USER IS WHO THEY CLAIM TO BE, IS PROPERLY LICENSED OR INSURED, OR HAS ANY PARTICULAR BACKGROUND, SKILL, OR CHARACTER; (e) LOCATION, TRACKING, MAPPING, VEHICLE DATA, OR PRICING INFORMATION IS ACCURATE; OR (f) DEFECTS WILL BE CORRECTED.
YOU ASSUME ALL RISK ARISING FROM YOUR INTERACTIONS WITH OTHER USERS, FROM ALLOWING A WASHER ACCESS TO OR CUSTODY OF YOUR VEHICLE, FROM ENTERING ANY LOCATION TO PERFORM A JOB, AND FROM THE OPERATION OF ANY VEHICLE.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the fullest extent permitted by law.
20. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
20.1 CARWASH CONNECT AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND AFFILIATES ("RELEASED PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF USE, DIMINISHED VALUE, RENTAL OR TOWING COSTS, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.2 THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS (US $100).
20.3 THE RELEASED PARTIES ARE NOT LIABLE FOR THE ACTS, OMISSIONS, NEGLIGENCE, OR MISCONDUCT OF ANY USER, INCLUDING ANY WASHER'S OPERATION OF A VEHICLE, ANY DAMAGE TO A VEHICLE OR PROPERTY, ANY THEFT, ANY BODILY INJURY OR DEATH, ANY TRAFFIC VIOLATION, ANY ACCIDENT, OR ANY ACT OF ANY THIRD-PARTY CAR WASH FACILITY.
20.4 Any reimbursement made under CarWash Connect Protection (Section 13.4) is made in our discretion and is not an admission of liability. Amounts paid under that program count against the cap in Section 20.2.
20.5 These limitations apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the fullest extent permitted by law.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claim, demand, action, loss, liability, damage, fine, penalty, judgment, settlement, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any law or of the rights of any third party; (d) any Wash Service you request, provide, or perform; (e) your operation of any vehicle; (f) any damage to or loss of any vehicle or property, or any bodily injury or death, arising from your acts or omissions; (g) your Content; (h) your misclassification claims or tax obligations, if you are a Washer; or (i) any dispute between you and another User.
We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense.
22. DISPUTE RESOLUTION — ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US INDIVIDUALLY AND LIMITS THE WAY YOU CAN SEEK RELIEF.
22.1 Informal Resolution First
Before initiating arbitration, you agree to first send a written Notice of Dispute to the address in Section 26, describing the dispute and the relief sought. We will do the same. The parties will attempt in good faith to resolve the dispute informally for sixty (60) days from receipt of the Notice. This informal process is a condition precedent to arbitration, and the limitations period is tolled during it.
22.2 Agreement to Arbitrate
If the dispute is not resolved informally, you and CarWash Connect agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any Job, any payment, or the relationship between us — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved exclusively by final and binding individual arbitration, and not in court. This includes disputes that arose before you accepted these Terms and disputes arising after termination.
22.3 Federal Arbitration Act
This Section 22 evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
22.4 Arbitration Rules and Forum
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, for disputes with Washers relating to their provision of services, its Commercial Arbitration Rules), as modified by these Terms. The rules are available at www.adr.org. The arbitration will be conducted by a single arbitrator. Unless the parties agree otherwise, the arbitration will take place in the county of your residence or, at your election, by telephone, videoconference, or on documents only.
22.5 Arbitrator's Authority
The arbitrator has exclusive authority to resolve all disputes, including any dispute about the interpretation, applicability, enforceability, unconscionability, or formation of this arbitration agreement — except that a court, and not the arbitrator, has exclusive authority to decide any dispute about the scope or enforceability of the Class Action Waiver in Section 22.6. The arbitrator may award any relief available in an individual action under applicable law, and the arbitrator's award is final and binding and may be entered in any court of competent jurisdiction.
22.6 Class Action Waiver
YOU AND CARWASH CONNECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. If this Class Action Waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction, and all other claims will remain in arbitration.
22.7 Exceptions
Notwithstanding this Section, either party may: (a) bring an individual action in small claims court if it qualifies and remains in that court; (b) seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property or unauthorized access to the Platform; and (c) pursue any claim that cannot be arbitrated as a matter of law.
22.8 Your Right to Opt Out
You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice to the address in Section 26 stating your full name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect your use of the Platform. If you opt out, Section 23 governs.
22.9 Fees
Payment of filing, administration, and arbitrator fees is governed by the applicable AAA rules. Where those rules require you to pay a fee that exceeds what you would pay to file in court, we will pay the excess, unless the arbitrator determines your claim was frivolous.
22.10 Severability and Survival
If any portion of this Section 22 (other than the Class Action Waiver, which is governed by Section 22.6) is found unenforceable, that portion is severed and the remainder is enforced. This Section survives termination of these Terms and of your account.
23. GOVERNING LAW AND VENUE
These Terms and any dispute arising out of them are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and by applicable federal law. For any dispute not subject to arbitration under Section 22, you and CarWash Connect consent to the exclusive jurisdiction and venue of the state and federal courts located in Texas, and each party waives any right to a jury trial to the fullest extent permitted by law. Nothing in this Section deprives you of the protection of mandatory consumer protection laws of your place of residence.
24. MOBILE APPLICATIONS
24.1 License
We grant you a limited, non-transferable, revocable license to install and use our mobile applications on devices you own or control, for personal, non-commercial use (or, for Washers, for the purpose of providing Wash Services through the Platform).
24.2 Apple App Store
If you download the application from the Apple App Store, you acknowledge that: these Terms are between you and CarWash Connect only, not Apple; Apple has no obligation to provide maintenance or support; Apple is not responsible for any product warranties, product claims, third-party intellectual property claims, or consumer protection claims; Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you; and you represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and are not on any U.S. Government prohibited-parties list.
24.3 Google Play
If you download the application from Google Play, your use is also subject to the Google Play Terms of Service.
24.4 Updates
We may issue updates automatically. Some features may stop working if you do not install updates.
25. CHANGES TO THESE TERMS
We may modify these Terms at any time. We will post the updated Terms with a revised "Last Updated" date and, for material changes, provide notice through the Platform, by push notification, or by email at least fourteen (14) days before the changes take effect, except where a shorter period is required by law or necessary for security or legal compliance. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Platform and may close your account. Changes to Section 22 will not apply retroactively to disputes for which a Notice of Dispute has already been given.
26. GENERAL PROVISIONS
26.1 Entire Agreement. These Terms, together with the Privacy Policy and any supplemental terms, constitute the entire agreement between you and CarWash Connect regarding the Platform and supersede all prior agreements and understandings.
26.2 Severability. If any provision is held invalid or unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force.
26.3 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
26.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.
26.5 Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, severe weather, natural disaster, war, terrorism, civil unrest, labor disputes, epidemics, government action, utility or telecommunications failure, internet or cloud-provider outage, or failure of a third-party service.
26.6 No Third-Party Beneficiaries. Except as stated in Section 24.2, these Terms create no third-party beneficiary rights.
26.7 Relationship of the Parties. Nothing in these Terms creates an employment, agency, partnership, joint venture, or fiduciary relationship between CarWash Connect and any User.
26.8 Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafter.
26.9 Notices. We may provide notice to you through the Platform, by push notification, or to the email address on your account. Notice is effective when sent. You must send notices to us at the address below.
26.10 Contact.
Flying Fish Auto Wash, LLC d/b/a CarWash Connect
Attn: Legal
[Street Address]
[City], Texas [ZIP]
Email: [legal@flyingfishautowashconnect.com]
Support: [support@flyingfishautowashconnect.com]
By using CarWash Connect, you acknowledge that you have read and understood these Terms, including the arbitration agreement and class action waiver in Section 22, the disclaimers in Section 19, the limitation of liability in Section 20, and the statement in Section 13.4 that CarWash Connect Protection is not insurance.