TERMS OF USE

Effective Date: January 1, 2025

Welcome to spotonmobiledetail.com (the "Website"). This Terms of Use Agreement (the "Agreement") is made and entered into by and between you and Spot On Mobile Detailing (the "Company", "us", "we", or "our"). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the "Services").

Acceptance of this Agreement.

Acceptance Through Using or Accessing the Services.

Please review the following terms carefully. By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

Eligibility Requirements to Use or Access the Services.

To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, Canada, or the United Kingdom, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company.

By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

Changes to this Agreement.

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

Access to the Services.

Changes to Your Access and the Services.

The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

Creating an Account.

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy at book.spotonmobiledetail.com/privacy. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

Account Responsibilities.

You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.

Termination or Deletion of an Account.

The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.

Policy for Using the Services.

Prohibited Uses.

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company.

Prohibited Activities.

You further agree not to engage in any of the following prohibited activities in connection with using the Services:

No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.

No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.

No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.

No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.

Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.

No Interference with Others' Enjoyment. Harass or interfere with anyone's use or enjoyment of the Services, or expose the Company or other users to liability or other harm.

No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.

No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means without prior written permission.

No Viruses or Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service attack.

No Unauthorized Access. Violate the security of the Services through any attempt to gain unauthorized access, breach or circumvention of encryption or other security tools, or data mining or interference to any server, computer, database, host, user, or network connected to the Services.

No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.

No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent.

No Other Interference. Otherwise attempt to interfere with the proper working of the Services.

Attempt or Assist Others. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.

Terms and Conditions of Sale.

Purchasing Process.

Any steps taken from choosing Services to order submission form part of the purchasing process. By confirming and submitting an order through the Website or booking form, you accept these Terms and commit to paying the agreed-upon price.

Order Submission.

When you submit an order or booking request, the submission creates an obligation to pay the agreed price and to cooperate with any information requirements necessary to fulfill the service. You will receive a confirmation of your request to the email address provided.

Prices.

You are informed during the booking process and before order submission about any fees, taxes, and costs that you will be charged.

Methods of Payment.

Spot On Mobile Detailing accepts payment via e-transfer and cash at the time of service completion. All payments are the responsibility of the customer at the time of service delivery.

Intellectual Property Rights.

Ownership of Intellectual Property.

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the "Content"), are owned by Spot On Mobile Detailing, its licensors, or other providers of such material. The Content is protected by applicable intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

License to Use the Services.

During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content in accordance with this Agreement. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.

Certain Restrictions.

The rights granted to you in this Agreement are subject to the following restrictions: you shall not copy, reproduce, publish, post, transmit, or distribute any part of the Content except as expressly permitted; you shall not modify or create derivative works from the Content; you shall not sell, license, transfer, assign, rent, or otherwise exploit the Content; you shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content; and you shall not access or use the Content to build a similar or competitive website, product, or service.

Trademark Notice.

All trademarks, logos, and service marks displayed on the Services are either the Company's property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

SMS Messaging Program.

Spot On Mobile Detailing operates an SMS messaging program for customers and prospective customers who have opted in to receive text messages from us. Our SMS program includes the following types of messages: appointment reminders, appointment confirmations, service arrival notifications, job completion messages, responses to detailing inquiries, follow-up messages, and, for those who have separately and voluntarily consented, promotional messages about our detailing services and seasonal offers. By opting in to our SMS program, you agree to receive these messages at the phone number you provided.

How to Opt Out (Text STOP).

You may opt out of our SMS messaging program at any time by texting STOP in reply to any message we send you. After texting STOP, you will receive one final confirmation message confirming that you have been unsubscribed and will no longer receive SMS messages from Spot On Mobile Detailing, unless you choose to opt back in. To re-subscribe, text START at any time. You may also opt out by contacting us directly at the contact information provided at the end of this Agreement.

Message and Data Rates.

Message and data rates may apply to all SMS messages sent to and received from Spot On Mobile Detailing. Message frequency varies based on your engagement with our services and the bookings you have requested. Spot On Mobile Detailing is not responsible for any charges applied to your account by your wireless carrier. Please contact your carrier to understand what rates may apply to your plan.

Carrier Liability Disclaimer.

Carriers, including wireless network operators, are not liable for delayed or undelivered messages. Message delivery depends on network availability and carrier conditions outside of Spot On Mobile Detailing's control. We do not guarantee that any SMS message will be delivered successfully, and we are not responsible for messages that are delayed, undelivered, or otherwise affected by carrier network limitations or failures.

Age Restriction.

You must be 18 years of age or older to use this SMS service.

Privacy.

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy at book.spotonmobiledetail.com/privacy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.

Termination.

The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement. If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.

Effect of Termination.

Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.

No Warranty.

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, SPOT ON MOBILE DETAILING AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SPOT ON MOBILE DETAILING OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

Indemnification.

You agree to indemnify, defend, and hold harmless Spot On Mobile Detailing and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys' fees, arising out of or relating to your breach of this Agreement or your use or misuse of the Services. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.

Disputes.

Governing Law.

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the Province of British Columbia, Canada, without giving effect to any conflict of law principles.

Dispute Resolution.

Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a court of competent jurisdiction located in Kelowna, British Columbia, Canada. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues.

Limitation of Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

Miscellaneous.

Waiver. No failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof.

Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement.

Entire Agreement. This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

No Agency, Partnership or Joint Venture. No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever.

Assignment. You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this section shall be deemed null and void. The Company may freely assign or delegate its rights and obligations under this Agreement at any time.

Copyright Infringement (DMCA Policy).

Spot On Mobile Detailing respects the intellectual property of others and expects users of the Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to our designated copyright agent: a physical or electronic signature of the copyright owner; a description of the copyrighted work alleged to be infringed; a description of where the infringing material is located; your contact information including address, telephone number, and email address; a statement of good faith belief that the use is not authorized; and a statement made under penalty of perjury that the information in your notice is accurate.

Designated copyright agent for the Company:

NAME: Caleb ADDRESS: 1679 Lindsay Drive, Kelowna, BC V1V 2P7 TELEPHONE: 250-869-9741 EMAIL: [email protected]

Feedback to the Company.

If you provide the Company with any feedback or suggestions regarding the Services, you hereby assign to the Company all rights in such feedback and agree that the Company shall have the right to use and fully exploit such feedback in any manner it deems appropriate. The Company will treat any feedback that you provide as non-confidential and non-proprietary.

Contact Information.

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:

Spot On Mobile Detailing 1679 Lindsay Drive Kelowna, BC V1V 2P7 [email protected] 250-869-9741