Terms of Service | WashConsole

1. Acceptance of Terms

These Terms of Service ("Terms") are an agreement between WashConsole INC ("WashConsole", "we", "us") and the business that subscribes to WashConsole (the "Service") ("Customer", "you"). The person who accepts these Terms for a business confirms that they have authority to bind it. Our Privacy Policy and our Data Processing Addendum are part of this agreement. If you do not agree to these Terms, do not use the Service.

The people you invite to use the Service, such as your managers and employees ("Users"), must use it in line with these Terms, including Section 5, and you are responsible for their use (Section 3).

Changes to these Terms. We may update these Terms. We will tell account owners about a material change by email or in the app at least 30 days before it takes effect, unless the change is required by law or addresses a security risk, in which case it may take effect sooner. If you do not agree to a change, you may cancel before it takes effect. Continuing to use the Service after a change takes effect means you accept it.

2. Description of Service

WashConsole is a cloud-based car wash management platform that provides operations management, inventory tracking, chemical monitoring, employee scheduling, time clock functionality, and AI-powered insights. The Service is provided on a subscription basis.

3. Accounts, Administrators, and Users

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

You decide who can use your account and what each person can do. The owners, managers and other administrators you appoint act for you, and their actions in the Service are your actions. You are responsible for your Users' compliance with these Terms.

Labels in the Service, such as "employee" or "team member", are for organizing your account. They do not decide whether a person is your employee or an independent contractor.

Users must be old enough to work lawfully where they work. If you add a User who is under 18, you are responsible for any consent the law requires.

4. Subscription and Payment

When you subscribe, you authorize us to charge your payment method the subscription fees shown on the checkout page, and then the recurring subscription fees each billing period until you cancel. The checkout page shows the amount due at signup and your next billing date before you pay. If your checkout included a free trial, your first charge happens when that trial ends, and the trial continues under the terms that applied when it began. We may stop offering free trials at any time.

Subscriptions are billed monthly
Prices are subject to change with 30 days notice
Refunds are provided at our sole discretion
You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period
Fees do not include taxes; you are responsible for any sales, use or similar taxes on them, other than taxes on our income

Failed payments. If a renewal payment fails, your account stays fully active for 7 days while we retry the charge and remind you. If it is still unpaid after that, we may suspend the account until it is paid. Suspension does not delete your data (Section 12).

5. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose
Attempt to gain unauthorized access to any part of the Service
Interfere with or disrupt the Service or servers
Upload malicious code or content
Share your account credentials with unauthorized parties
Use the Service to store or transmit infringing or harmful content
Copy, reverse engineer or scrape the Service, or use it to build a competing product
Use the Service to collect information about people, or to monitor them, in a way the law does not allow or without the notices and consents the law requires
Send text messages or email through the Service to people who have not agreed to receive them

6. Data Ownership

You retain all rights to your data. WashConsole does not claim ownership of any content you upload or create using the Service ("Customer Data"). You permit us to host, copy, process and display Customer Data only as needed to provide, secure and support the Service, and as our Privacy Policy and Data Processing Addendum describe. We may use aggregated, de-identified data, which does not identify you, your Users or any other person, for improving the Service and for analytical purposes.

If you send us suggestions or feedback about the Service, we may use them without any obligation to you.

7. Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access to the Service. We reserve the right to modify, suspend, or discontinue the Service at any time with reasonable notice.

8. Disclaimer of Warranties and Limitation of Liability

THE SERVICE, INCLUDING ALL SOFTWARE, FEATURES, CALCULATIONS, REPORTS, EXPORTS, AND AI-GENERATED CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WASHCONSOLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF DEFECTS, OR THAT ANY DATA WILL BE ACCURATE, COMPLETE, OR PRESERVED WITHOUT LOSS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WASHCONSOLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

To the maximum extent permitted by applicable law, the foregoing limitation applies to all claims arising from or relating to Devices (as defined in Section 9), including without limitation: failure or delay of an alert; unintended actuation, failure to actuate, or stuck state of a control Device; reliance on Device readings; and any property damage, business interruption, chemical or product loss, environmental release, or personal injury allegedly arising out of or relating to Device behavior or inaction.

You shall indemnify, defend, and hold harmless WashConsole and its officers, directors, employees, and agents from and against any third-party claim, loss, liability, judgment, settlement, or expense (including reasonable attorneys' fees) arising from or relating to your installation, configuration, or use of Devices, except to the extent caused by WashConsole's gross negligence or willful misconduct. As a condition of indemnification, WashConsole shall: (i) give you prompt written notice of the claim; (ii) grant you sole control of the defense and settlement, provided that any settlement that imposes obligations on WashConsole or admits fault on its behalf requires WashConsole's prior written consent (not to be unreasonably withheld); and (iii) provide reasonable cooperation at your expense.

9. Connected Hardware ("Devices")

WashConsole offers optional connected hardware that may include sensing Devices (which measure conditions such as level, temperature, humidity, leakage, electrical use, or weather) and control Devices (which can switch or actuate third-party equipment) (collectively, "Devices"). By installing or operating any Device, you acknowledge and agree that:

(a) Operational awareness, not certified measurement

Readings from any Device are estimates and are not certified measurements. You shall not use them as the sole basis for regulatory reporting, fiscal billing, environmental compliance, life-safety decisions, or insurance claims.

(b) Best-effort delivery

Devices and any associated alerts depend on your network, your power, your installation, third-party services, and the public Internet. WashConsole does not guarantee real-time delivery, alert latency, or that any specific reading or command will succeed. Alerts and commands may be delayed, duplicated, dropped, or arrive out of order.

(c) Not a life-safety, fire, security, or property-protection system

Any leak, freeze, weather, environmental, or similar alert is a convenience notification. Devices are not a substitute for, and must not be installed in place of, a UL-listed fire alarm, water-mitigation system, freeze-protection system, security system, or any insurance- or code-mandated monitoring system. You agree to maintain independent, professionally monitored systems where required by law, code, lease, or insurance.

(d) Control Devices and actuation

Some Devices can switch line voltage and/or actuate third-party equipment. You acknowledge, agree, and assume the following:

Licensed installation (representation and warranty). You represent and warrant that installation of any such Device will be performed by a qualified, licensed electrician in compliance with the National Electrical Code (NEC) as in effect at the time of installation and all applicable local, state, and federal codes. Breach of this representation voids any WashConsole warranty applicable to the Device and shifts all resulting liability to you.
Independent safety systems are your responsibility. You are solely responsible for ensuring that any equipment under Device control fails to a safe state on power loss, network loss, or Device malfunction, and for installing and maintaining any required emergency-stop, interlock, photo-eye, gate-operator safety equipment (including equipment complying with applicable UL or ANSI gate-operator safety standards, such as UL 325), guarding, or other independent safety equipment. WashConsole takes no position on, and accepts no responsibility for determining, what constitutes a "safe state" for any specific equipment under your control; that determination is solely your responsibility.
Unpredictable behavior. A Device may actuate unexpectedly, fail to actuate, or remain stuck in either state. You assume all risk of such behavior.
High-consequence use is at your sole risk. You acknowledge and assume all risk of using a Device to control equipment whose unintended actuation could cause bodily injury, death, fire, flooding, environmental release, or material property damage. You are solely responsible for ensuring that any such equipment is independently protected by code-compliant safety systems that operate without WashConsole, and you agree that WashConsole shall have no liability for such use.

(e) Firmware and remote updates

WashConsole or the Device manufacturer may push firmware or configuration updates over-the-air at any time, including changes to features, behavior, or availability. You consent to such updates as a condition of using the Device.

(f) Customer responsibilities

You are solely responsible for the network the Device connects to (including its security and segmentation), the suitability of the installation environment, the suitability of the Device for its intended use, staff training, and compliance with all laws governing the chemicals, equipment, premises, and personnel involved.

(g) Hardware "AS IS"; manufacturer warranty pass-through

Hardware is provided "AS IS" except for the manufacturer's pass-through warranty, where applicable. Software warranties in these Terms do not extend to hardware defects.

(h) Discontinuation

WashConsole may discontinue support for any Device category with reasonable notice. Devices may continue to function on local protocols but may lose cloud-dependent features.

10. Insurance

If you operate any Device, you shall maintain at your own expense commercial general liability insurance in commercially reasonable amounts covering bodily injury and property damage arising from your operations and your use of the Devices. You shall not represent to any insurer that any WashConsole Device is a certified, monitored, or insurance- compliant loss-prevention system. Upon WashConsole's reasonable request, you shall provide a certificate of insurance evidencing such coverage.

11. Time Clock, Scheduling, and Payroll Records

The Service includes features that record and calculate time worked, including clock-ins and clock-outs, breaks, time adjustments, timesheets, schedules, hours and overtime totals, and labor-cost estimates, and that export or send this data to payroll providers. All of this data, and every calculation, report, and export made from it, is referred to as "Workforce Records." By using these features, you acknowledge and agree that:

(a) You are the employer

You are solely responsible for your obligations as an employer, including compliance with the Fair Labor Standards Act and all other federal, state, and local laws governing wages, hours, overtime, meal and rest breaks, scheduling, recordkeeping, and payroll, and for the accurate and timely payment of all wages you owe. WashConsole is not your employer of record, payroll processor, or professional employer organization, and does not provide legal, tax, accounting, or payroll advice. You choose the settings the Service applies, including overtime thresholds, break rules, clock-in requirements, and payroll export settings, and WashConsole does not warrant that any setting, default, or calculation complies with the laws that apply to you.

(b) Review before you pay

Workforce Records are working records. You must review them, correct them where necessary, and approve them before you use them to pay wages, run payroll, make employment decisions, or submit them to any third party, including any payroll provider to which you export or send data from the Service. You are responsible for confirming that the data a payroll provider receives is correct before it is used, and for maintaining a process through which your employees can review their recorded time and report errors.

(c) Records can be wrong

Workforce Records may be inaccurate, incomplete, delayed, duplicated, or lost. Causes include, without limitation, software defects, device clock or hardware errors, loss of network connectivity, location or geofence inaccuracy, the use of shared or kiosk devices, missed, duplicate, or mistaken punches, configuration choices, data synchronization failures, and failures of third-party services. WashConsole does not warrant that any Workforce Record will be accurate, complete, or available at any particular time.

(d) Keep your own records

The Service is not a substitute for the records the law requires you to make and keep. You are responsible for exporting and retaining copies of your Workforce Records for as long as applicable law requires, including after this agreement ends (see Section 12).

(e) Limitation of liability for Workforce Records

To the maximum extent permitted by applicable law, WashConsole shall not be liable for any wages, overtime, premium pay, penalties (including waiting-time and recordkeeping penalties), liquidated damages, back pay, interest, fines, assessments, taxes, or attorneys' fees or costs arising from or relating to any Workforce Record that is inaccurate, incomplete, delayed, duplicated, or lost, whatever the cause, including a defect in the Service, WashConsole's negligence, a third-party service, a device, your configuration, or user error. Every other claim arising from or relating to Workforce Records remains subject to the limitations in Section 8.

(f) Indemnification

You shall indemnify, defend, and hold harmless WashConsole and its officers, directors, employees, and agents from and against any third-party claim, loss, liability, judgment, settlement, or expense (including reasonable attorneys' fees) arising from or relating to your wage-and-hour, scheduling, recordkeeping, or payroll practices or your use of Workforce Records, including any claim, audit, or investigation brought by a current or former employee or contractor or by a governmental authority, and including any such claim alleged to result from a defect in the Service or from WashConsole's negligence, except to the extent caused by WashConsole's gross negligence or willful misconduct. The notice, defense, settlement, and cooperation conditions in Section 8 apply to this indemnity.

12. Termination

Either party may terminate this agreement at any time. You can cancel your subscription in the app or by contacting us. We may suspend or terminate your access if a payment remains unpaid (Section 4), if you materially breach these Terms, or if your use puts the security of the Service or other people at risk. When your subscription ends, your right to use the Service ends.

Ending your subscription does not delete your data. While we still hold it, the account owner can ask us for an export of your account's data, and we will provide it within 30 days of the request. To delete your account and its data, the account owner can request deletion as our Privacy Policy describes.

Terms that by their nature should continue after this agreement ends, including payment obligations, disclaimers, limitations of liability, indemnities and the dispute terms, continue to apply.

13. Privacy, Notices to Your Workers, and Consent

(a) Your responsibilities

You are responsible for the Customer Data you put into the Service and for having the right to do so. Before you collect information through the Service, you must give your employees, job applicants, customers and anyone else concerned the notices, and obtain the consents, that the law requires. This includes recording location at clock-in and clock-out, clock-in photos, camera footage, monitoring of work or communications, and sending text messages or email.

(b) How we handle Customer Data

We process Customer Data on your behalf as our Privacy Policy and our Data Processing Addendum describe. The Data Processing Addendum forms part of these Terms, and where it conflicts with these Terms about Customer Data, the Data Processing Addendum controls.

(c) Sensitive information

Upload government identification numbers, health information and similar sensitive records only when you need them to run your business, and only in the features meant for them, such as personnel records and safety reports.

14. AI Features

(a) Review AI output

Some features use artificial intelligence provided by other companies, as our Privacy Policy describes. AI output can be wrong, incomplete or inappropriate. Review it before you rely on it.

(b) You make the decisions

AI output is a suggestion, not a decision. You decide, and are responsible for, every decision about hiring, firing, discipline, promotion, pay, scheduling or other terms of work, including any notice, explanation or human review the law requires when technology helps make such a decision. You must not use the Service to make decisions that have legal or similarly significant effects on a person solely by automated means.

(c) Ownership and training

As between you and us, you own the output the AI features produce for you, to the extent the law allows. We do not use Customer Data to train general-purpose AI models, and we use AI providers whose terms do not allow them to use it to improve their models.

15. Beta Features

We may offer features marked as beta, preview or early access. They are optional, may change or be withdrawn at any time, and are provided as is, without any commitment of support or availability.

16. Third-Party Services and Integrations

The Service can connect to services run by other companies, such as payroll, accounting and camera systems. When you turn on a connection, you authorize us to exchange the data you choose with that service. Your use of it is governed by your agreement with that company, and we are not responsible for that service or for what it does with the data. We may change or stop supporting a connection with reasonable notice.

17. Confidentiality

Each party will keep the other's non-public business information that it receives under this agreement confidential, use it only to perform this agreement, and protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the receiving party, that it already knew, that it develops independently, or that the law requires it to disclose (with notice to the other party where the law allows). Customer Data is also protected as Section 13 describes.

18. Customer Name and Logo

We may identify you as a WashConsole customer, including by showing your business name and logo on our website and in our marketing materials. To ask us to stop, email us, and we will remove them from materials we control within 30 days.

19. Governing Law and Disputes

(a) Florida law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules.

(b) Try to resolve it first

Before starting a lawsuit, a party must send the other a written description of the dispute, and both parties will try in good faith to resolve it for 30 days. Notices to us go to the address in Section 21.

(c) Where disputes are heard

Any lawsuit must be brought in the state courts located in Orange County, Florida, or in the United States District Court for the Middle District of Florida, Orlando Division, and both parties consent to those courts. Either party may bring an individual claim in small claims court, and either party may ask any court with jurisdiction for an injunction to protect its confidential information, its intellectual property or the security of the Service.

(d) Jury trial waiver

EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE.

20. General

Notices. We may send notices to the account owner's email address or in the app. You may send notices to us at the contact details in Section 21.
Assignment. You may not assign these Terms without our written consent, except to a successor to all or substantially all of your business. We may assign them to an affiliate or to a successor in a merger, acquisition or sale of all or substantially all of our assets.
Events beyond control. Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as natural disasters, power or internet failures, labor disputes or government action. This does not excuse paying fees that are due.
Sanctions. You confirm that you are not on any U.S. government list of restricted parties, and you will not use the Service in violation of U.S. export control or sanctions laws.
Independent parties. These Terms do not create a partnership, joint venture, employment or agency relationship.
Severability and waiver. If a court finds part of these Terms unenforceable, the rest stays in effect. Not enforcing a term is not a waiver of it.
Entire agreement. These Terms, together with the Privacy Policy, the Data Processing Addendum and any order or checkout page you accepted, are the entire agreement between us about the Service and replace any earlier agreement on that subject.

21. Contact Information

If you have any questions about these Terms, please contact us: WashConsole INC, 12022 Sprite Lane, Orlando, FL 32832, United States · contact@washconsole.com · (412) 927-4677