This Policy was last updated on August 3, 2021.
DRB® Systems, LLC, its subsidiaries, and affiliates (the “Company”, or “DRB”, or “Washify®”), understands that privacy is important to you, and we are committed to respecting and protecting your privacy. DRB recognizes privacy is important to you and our duty to protect the Personal Information of all individuals whom we interact with.
“Personal Information” is any information that identifies, relates to, or could reasonably be linked to you or other individuals, and includes “Personally Identifiable Information” or “Personal Data” as defined under applicable laws.
Personal Information that we collect through DRB’s social media web sites and pages, included and without limitation to, Facebook, Instagram, LinkedIn, Twitter, etc., are covered by this Policy.
These Individuals (e.g., Personal Information of employees, job applicants, vendors, suppliers, contractors, officers, and directors (the “Individual”) may not have any or all of the privacy rights listed below in connection with Personal Information that is collected and used for employment-related information that DRB holds about the Individual in the context of said relationship.
PERSONAL INFORMATION WE MAY COLLECT
Types of information DRB collects will depend on the circumstances and the services you are using. We will collect information relating to you and your use of our services in the following ways:
Our Site(s) provide you with information about DRB Systems, LLC, its subsidiaries, and affiliates (the “Company” or “DRB”), our products and services, and in certain circumstances, may allow you to purchase DRB products or services or sign up to receive further information about DRB.
In order to provide you with access to this information about DRB and our products and services, and the ability to purchase products and services offered by DRB, including through our Site(s), certain Personal Information is collected from the individuals we deal with, including visitors to this Site. Where applicable, you may choose not to provide us with your Personal Information. If you choose not to provide us with certain Personal Information, you may not be able to access or use all of the features of our Site.
COLLECTION OF PERSONAL INFORMATION
The Personal Information that we may collect from you in connection with your use of our Site(s) include:
Direct Identifiers, such as your IP address, browser type, device used to access our Site, operating system, mobile device ID, online identifiers and data regarding network connected hardware (e.g., computer or mobile device).
Internet Activity Information, such as information regarding your interactions with pages you visit on the Site and your use of the Site.
This information is linked to a cookie ID, which we receive and process. We use this data to inform general marketing strategy including at the customer account level.
Some information about your use of the Site and certain third-party services may be collected using tracking technologies across time and services and used by us and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on certain third-party services.
Contact Data. We collect contact details directly from you when you sign up to receive email alerts, make a sales inquiry, request a product demonstration, attend one of our events, download our content, subscribe to our newsletters, or make an inquiry or request of us. The Personal Information we collect may include your name, email address, phone number, employer, job title, and location.
Marketing and Communications Preferences. We collect information about your preferences in receiving marketing information from us and your communications preferences.
You can generally opt-out of receiving targeted ads from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) by visiting http://optout.networkadvertising.org. You may also opt-out of receiving targeted advertisements from other companies that perform interest-based advertising services via the Digital Advertising Alliance (DAA) site at http://optout.aboutads.info/. Please note that when using the ad industry opt-out tools described above you may need to execute opt-outs for each browser or device that you use. Opting out of interest-based advertising does not mean you will no longer see advertising online, but it does mean that the companies from which you opt-out will no longer show ads that have been tailored to your interests.
USE OF PERSONAL INFORMATION
We may use your Personal Information for the following purposes:
- Deliver specific information, product, or services you or your Company have requested.
- Enable the download of our content.
- Send newsletters and promotional and advertising messages (these may contain information relating to our brands and services).
- Respond to your requests, feedback, and inquiries.
- Analyze and/or improve our Site, brands, and services, including to carry out statistical analysis on usage of the Site.
- Deliver relevant content to you, and to understand the effectiveness of the content we serve you, including to understand your preferences and to inform our marketing strategy.
- Contact individuals who have attended our service-related tradeshows or sponsored events to inform them of items which may be of interest.
- Comply with our legal obligations.
- Comply with a subpoena, warrant, or court order served on us.
- Respond to valid requests by government agencies, including law enforcement authorities.
- Establish, exercise, or defend legal claims.
- Update you about changes to our policies and/or terms of service.
- Maintain the security and integrity of our Site.
- Protect our websites, company, customers, employees, and business partners from fraud, malicious activity or other illegal or unauthorized activity.
SHARING OF PERSONAL INFORMATION WITH THIRD PARTIES
DRB does not sell your Personal Information to Third Parties. However, we use several third parties to perform business functions on our behalf, such as assistance with analytics, email marketing, sending our newsletters, hosting our online services, payment processing, customer relationship management, along with supporting our products and services. We will disclose Personal Information to these vendors and service providers to enable them to provide their services.
Where required or permitted by law, Personal Information may be provided to others, such as regulators and law enforcement agencies, for example in response to a court order, subpoena, or law enforcement agency request, or where we believe it is necessary to investigate, prevent or take action regarding illegal activities or to protect DRB, our websites, customers, employees, business partners or third parties from fraud or other malicious activity, and as otherwise required by law.
DRB may also share Personal Information if we believe your actions are inconsistent with our terms of service, applicable terms, or policies and for the establishment of defenses, claims in any legal action, or dispute involving DRB or any of its officers, directors, employees, agents, contractors, or partners.
We may use and share Personal Information as otherwise disclosed to you at the time of collection or as otherwise permitted by law.
SOCIAL MEDIA PLATFORMS AND ADVERTISING
We may engage and work with vendors and other third parties to serve advertisements on the Site and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing on the Site and elsewhere on the internet, sometimes referred to as “interest-based advertising” or “online behavioral advertising,” which may include sending you an ad on a third-party service after you have left the Site. Examples of third-party vendors who connect to our Site include Facebook, Instagram, Twitter, etc.
MANAGING YOUR PERSONAL INFORMATION & CHOICES
You have certain choices about how we use your Personal Information.
Marketing Communications. You may choose not to receive marketing communications from DRB. You can ask us to stop such messages at any time by clicking on the “unsubscribe” link at the bottom of the email message. Please note that even if you choose not to receive marketing communications from us, you may still receive non-marketing communications, such as responses to your inquiries, notices regarding your account, our relationship with you, or your Company. If you are or become a customer of DRB, we will always retain the right to email you regarding the Site(s) and/or Services that we are providing to you.
Online Advertising Opt Out. You can generally opt-out of receiving targeted ads from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) by visiting http://optout.networkadvertising.org. You may also opt-out of receiving targeted advertisements from other companies that perform interest-based advertising services via the Digital Advertising Alliance (DAA) site at http://optout.aboutads.info/. Please note that when using the ad industry opt-out tools described above you may need to execute opt-outs for each browser or device that you use. Opting out of interest-based advertising does not mean you will no longer see advertising online, but it does mean that the companies from which you opt-out will no longer show ads that have been tailored to your interests.
Retention of Personal Information. We will retain your Personal Information for as long as is necessary for the processing purpose(s) for which it was collected and other permitted purpose(s), including retention of Personal Information pursuant to any applicable contract, law, or regulation. Our retention periods vary based on business, legal and regulatory needs.
Security of Personal Information. No data transmission over the Internet can be guaranteed to be secure from intrusion. However, we maintain appropriate commercially available security measures and procedural safeguards to protect your Personal Information in accordance with data protection requirements.
We collect Personal Information as defined by the California Consumer Privacy Act, which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
Personal Information does not include de-identified or aggregate information, publicly available information that is lawfully made available from federal, state, or local government records, and information covered by certain sector-specific privacy laws.
California residents may also have the right to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please email us at firstname.lastname@example.org.
You, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. To make a request on your behalf, an authorized agent may contact DRB with proof of your written and signed permission to do so. Note that we may also require you to verify your identity and confirm that you have provided your permission.
California residents have the privacy rights listed below. The rights granted under the California Consumer Privacy Act (Civil Code Section § 1798.100 et. seq.) and Shine the Light (Civil Code Section § 1798.83) are not the same. To exercise your rights, you will need to follow the directions that are specific to each law.
CALIFORNIA CONSUMER PRIVACY ACT (“CCPA”)
This section applies solely to eligible visitors, users, and others who reside in the State of California. For the purposes of this section, Personal Information has the same meaning as under the CCPA: information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Please note that the CCPA provides certain exceptions with respect to the Personal Information of employees, job applicants, vendors, suppliers, contractors, officers, and directors (the “Individual”). These Individuals may not have any or all of the privacy rights listed below in connection with Personal Information that is collected and used for employment-related information that DRB holds about the Individual in the context of said relationship.
Please note that we may collect your Personal Information pursuant to a contract we have with a customer (our “Customer”). In such circumstances, we may be acting as a service provider and are obligated to process the Personal Information we collect or are provided in connection with the service in accordance with instructions from or the contract with our Customer, which is the business ultimately responsible for determining how your Personal Information will be handled. Accordingly, if you are contacting us in connection with your role as an employee of our Customer, or by virtue of some other relationship with our Customer, we encourage you to review that Customer’s privacy notice to understand the full scope of how your Personal Information will be handled. Further, where we are acting as a service provider to a Customer, if you wish to exercise any rights that may be available to you under the CCPA, you should direct your request to our Customer, who is the party responsible for receiving, assessing, and responding to your requests. If you are not certain whether we are acting as a service provider to a Customer in your particular circumstance, please contact us through one of the methods described at the end of this Privacy Notice.
You have the right to request more specific disclosures about your Personal Information as detailed under “Request to Know” below.
YOUR RIGHTS AS A CALIFORNIA RESIDENT
Under California law, eligible California residents have specific rights regarding their Personal Information. These rights are subject to certain exceptions.
Request to Know. You have the right to request to know, for the last 12 months:
- Categories of Personal Information we have collected about you.
- Categories of sources for the Personal Information we have collected about you.
- Our business or commercial purpose for collecting or selling that Personal Information, where applicable.
- Categories of third parties with whom we shared that Personal Information.
- Specific pieces of Personal Information we collected about you.
- If we sold your Personal Information, the categories of Personal Information that we sold and for each category, the categories of third parties to which it was sold, and.
- If we disclosed your Personal Information to a third party for a business purpose, the categories of Personal Information disclosed and the categories of third parties to whom we disclosed your Personal Information.
You may exercise your right to request to know twice a year, free of charge. Please note, in response to a request to know, we are prohibited from disclosing your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, security questions or answers, unique biometric data generated from measurements or technical analysis of human characteristics.
Request to Delete. You have the right to request that we delete your Personal Information that that we collected from you and maintain, subject to certain exceptions. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. In order to verify your request, DRB may require you to provide additional information to confirm the identity of the consumer. Once we verify your request, we will delete and direct our service providers to delete your Personal Information, unless an exception applies.
You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf. You may also make a verifiable consumer request on behalf of your minor child.
If we deny your request to delete, we will let you know the reason why.
To make a request to know or request to delete, please submit a request to us by sending an email to email@example.com.
Right to Non-Discrimination. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our Sites or Services.
Shine the Light Request. California’s “Shine the Light” law permits users of our Site that are California residents once per year to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org. Your inquiry must specify “California Shine the Light Request” in the subject line of the email and include your name, street address, city, state, and zip code.
Children Under 13. DRB websites are not intended for children under 13 years of age, and we do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on this website or through any of its features, register, or make any purchases. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete it. If you believe we might have any information from or about a child under 13, please send an email to email@example.com.
DRB Systems, LLC
3245 Pickle Road
Akron, OH 44312
Washify and our affiliates (collectively, “Company,” “we,” or “us”) respect your privacy and are committed to protecting your Personal Information. This Privacy Notice describes the types of Personal Information we collect and our practices for using, maintaining, sharing, and protecting it. It also describes the rights and choices you may have with respect to your Personal Information and how you may contact us about our privacy practices. Our privacy practices may to reflect local practices and legal requirements.
This Privacy Notice applies to the following websites and any associated Company websites, products, services, and mobile applications (the “Services”): Washify.com. It does not apply to the collection and use of certain employment-related information. If you are a current or former Company job applicant, employee, owner, director, officer, or contractor, please contact us for the appropriate policy.
When using our websites, you may choose to interact with features from third parties that operate independently from Company, such as social media widgets and links to third-party websites. Company has no control over and is not responsible for the privacy practices of such third parties. This Privacy Notice does not apply to the extent the Company does not own or control any linked websites or features you visit or use. We recommend that you familiarize yourself with the privacy practices of these third parties.
Types of Personal Information
“Personal Information” means any information relating to an identified or identifiable individual. Examples of Personal Information Company may collect include:
- Payment information (credit card and other payment card information)
- Personal contact information (name, nickname, gender, mailing address, email address, phone number)
- Business information (office location, business contact information, department, job title/description, professional bio)
- Log-in credentials (username, password)
- Usage details (log-on activity, search terms, views, clicks, downloads, Company-related preferences, lead submission information)
- Technical details (IP address, geolocation information, cookie/session IDs, authentication information, browser type/version, operating system/platform)
- Any other information you or other Company customers may upload or enter into the Services
We collect Personal Information as defined by the California Consumer Privacy Act, which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
Personal Information does not include de-identified or aggregate information, publicly-available information that is lawfully made available from federal, state, or local government records, and information covered by certain sector-specific privacy laws.
The Company has collected the following categories of Personal Information about consumers in the 12 months preceding the date this Privacy Notice was last modified:
- Identifiers (e.g., real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, or other similar identifiers)
- Categories of personal information described in California Civil Code §1798.80(e) (e.g., signature, phone number, bank account number, credit card number, debit card number, or other financial information)
- Protected classification characteristics under California or federal law
- Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)
- Internet or other electronic network activity information
- Geolocation data
- Professional or employment-related information
- Inferences drawn from other Personal Information (e.g., profile reflecting your preferences, characteristics, and behavior)
Collection of Personal Information
The Company may collect Personal Information using the following methods:
- Directly from you when you provide it to us or to a carwash using Washify products or services (including information you enter into web forms, pay stations or other kiosks, subscription agreements and other contracts, or submit in connection with any Services)
- Through your participation in surveys, promotions, and contests
- The Company’s internal customer relationship management system and databases
- From third parties, such as analytics and email marketing service providers
- Automatically through tracking technologies (cookies, web beacons, log files), including over time and across third-party websites or other online services
Children Under 13
Company websites are not intended for children under 13 years of age, and we do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on this website or through any of its features, register, or make any purchases. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete it. If you believe we might have any information from or about a child under 13, please contact us.
The Company collects Personal Information from the following categories of sources:
- Directly and indirectly from you
- Other Company customers
- Service providers
- Companies with public websites
- Government entities
Use of Personal Information
We may use your Personal Information for the following purposes:
- Communicating with you, including SMS messages that carwashes using Washify products or services may send you
- Providing you with the Services
- Authenticating use, detecting potential fraudulent use, and otherwise maintaining the security of the Services
- Developing, testing, improving, and demonstrating the Services
- Creating and maintaining a customer relationship management system, member directories, and invitation lists for Company events
- Carrying out our legal and contractual obligations and enforcing our rights, including billing and payment processing
- Anonymizing and aggregating information for analytics and reporting
- Advertising, marketing, and selling the Services, including linking together or merging Personal Information with other Personal Information so that we may better understand your needs and inform you about our Services and those of carwashes using Washify products and services
- Short-term transient use
- For any other purpose with your consent
To make informed choices about targeted advertising, see Manage Your Personal Information.
Disclosure of Personal Information
We may disclose Personal Information:
- To affiliates and other entities within Company’s group of companies, distribution partners, other Company customers, and service providers
- To third parties when you use a third party feature in our Services
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets
- If we believe it is necessary to protect the rights, property, or safety of Company or others
- For any other purpose disclosed by us when you provide Personal Information
- With your consent, such as when you choose to provide your information to third parties
We may also disclose de-identified information without restriction. Note that if you make any Personal Information publicly available on the Services, anyone may see and use such information.
The Company retains third party service providers to assist us in our business. For example, we use service providers to assist with analytics, email marketing, payment processing, customer relationship management, and IT infrastructure and support. The Company may permit these affiliates and service providers to access your Personal Information in order to assist us in providing services; however, we contractually require these third parties to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
Company shares Personal Information with the following categories of third parties and has disclosed the following categories of Personal Information for a business or commercial purpose in the 12 months preceding the date this Privacy notice was last modified:
Security of Personal Information
The Company implements security safeguards to protect your Personal Information.
We take steps to secure Personal Information through administrative, technical and physical safeguards designed to protect against the risk of accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. Unfortunately, we cannot guarantee the security of information transmitted through the Internet, and where we have given you (or where you have chosen) a password, you are responsible for keeping this password confidential.
Retention of Personal Information
Company generally retains records only as long as necessary and as required for our business operations, for archival purposes, and/or to satisfy legal requirements.
When determining the appropriate retention period for Personal Information, we take into account various criteria, such as the amount, nature and sensitivity of the Personal Information; potential risk of harm from unauthorized use or disclosure; purposes for which we process your Personal Information; whether we can achieve those purposes through other means; and business operations and legal requirements.
Because we maintain our applications and websites to protect them from accidental or malicious loss and destruction, residual copies of your Personal Information may be retained in our backup and archival systems for a limited period of time, after which the information will be automatically deleted or put beyond use where deletion is not possible.
Manage Your Personal Information
You may manage your Personal Information by making certain choices. If you believe that any Personal Information you have provided to us is out-of-date or inaccurate, you may review and correct such information if it is within your online account by logging in at any time or by choosing to contact us. You may also have additional rights detailed below depending on where you live. As a security precaution, we may need to request information from you to help us confirm your identity when exercising a right related to your Personal Information.
Direct Marketing Opt-Out
If you no longer wish to receive direct marketing emails from the Company, you may click the “Unsubscribe” link in an email at any time to stop receiving emails for that particular subject. Depending on the Services, you may also be able to manage notification preferences in your account. Note that Company may still contact you in connection with providing you Services you have requested from us. You may also opt out of receiving SMS messages from carwashes that use Washify products or services. For more information on SMS messaging and how to opt out, please visit our Terms and Conditions.
Tracking/Online Advertising Opt-Out
You may disable or delete browser cookies through your browser settings. Cookies are generally easy to disable or delete, but the method varies between browsers. To learn how you can manage Flash cookies, visit Adobe’s Flash player settings page. If you disable or delete cookies, or if you are running third-party software that intercepts or deletes cookies, please note that some parts of our websites may not work properly.
You can opt out of third parties collecting your Personal Information for targeted advertising purposes in the United States by visiting the National Advertising Initiative’s (NAI) opt-out page and the Digital Advertising Alliance’s (DAA) opt-out page and in the EEA by visiting The Programme’s opt-out page.
If you live in California, you have the right to: (1) request that Company disclose what Personal Information we collect, use, disclose, and sell; (2) request deletion of Personal Information; (3) opt-out of the sale of Personal Information where applicable; and (4) not receive discriminatory treatment by Company for exercising these rights.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. To make a request on your behalf, an authorized agent may contact us with proof of your written and signed permission to do so. Note that the Company may also require you to verify your identity and confirm that you gave permission.
Requests to Know
You have the right to request that we disclose the following information:
- Specific pieces of Personal Information Company has collected about you;
- Categories of Personal Information Company has collected about you, disclosed about you for a business purpose, or, where applicable, sold;
- Categories of sources from which the Personal Information is collected;
- Categories of third parties with whom Company shares or to whom Company sells Personal Information where applicable; and
- The business or commercial purpose for collecting and, where applicable, selling Personal Information.
Requests to Delete
Sale of Personal Information
We do not sell your Personal Information.
“Shine the Light” Request
California residents may also have the right to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us.
Toll-Free Phone Number
Privacy Notice Changes
This Privacy Notice may be updated periodically to reflect changes in our privacy practices.
We will post changes on this page and identify the date the privacy notice was last revised at the top of the page. If we make material changes to our privacy practices, we will notify you through a notice on the home page of the websites covered by this Privacy Notice. If a material change will apply to Personal Information we have already collected, we will additionally seek your affirmative consent.
You can contact us by using the relevant contact information below.
Washify Services LLC – 1208 VFW Parkway, West Roxbury, MA, 02132, United States
In order to properly respond to your questions or requests about our services, please call 1-855-927-4439.
THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) APPLY TO YOUR USE OF ANY WASHIFY SYSTEM, SOFTWARE, OR HIGH THROUGHPUT TOLL FREE NUMBER TO SEND MESSAGES TO CONSUMERS (THE “SERVICES”). PLEASE READ THESE TERMS COMPLETELY AND CAREFULLY. THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS PAGE. BY USING THESE SERVICES, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS. THESE TERMS ARE IN ADDITION TO ANY TERMS IN ANY OTHER AGREEMENT BETWEEN YOU AND WASHIFY, INCLUDING YOUR CUSTOMER SUPPORT & LICENSE AGREEMENT WITH WASHIFY (THE “SUPPORT AGREEMENT”), AND YOUR USE OF THE SERVICES IS ALSO SUBJECT TO THE TERMS OF THOSE AGREEMENTS.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE LEAVE THIS WEBSITE NOW. IF YOU DO NOT INTEND ON USING THE SERVICES IN ACCORDANCE WITH THESE TERMS, DO NOT UTILIZE THE SERVICES PROVIDED BY WASHIFY LLC.
The Terms on this page apply to both users of WASHIFY LLC web-based user interface and anyone using the WASHIFY LLC Software.
WASHIFY reserves the right, at its sole discretion, to modify these Terms at any time without prior notice. Any such modifications will be effective upon posting. You are advised to visit this page on a regular basis to review the current Terms.
WASHIFY provides a variety of ways to allow you to import names, email addresses, phone numbers and other information into WASHIFY’s software. Consumer information may only be imported if the consumer providing the information has given full consent for you to use his or her information. The type of consent required may vary depending on the use. It is your responsibility to confirm that you have received the required consent, and you are representing to WASHIFY that you have obtained the required consent by uploading the information.
WASHIFY prohibits the use of its Services to send unsolicited marketing messages. You agree not to send any unsolicited marketing messages and to abide by these Terms and all applicable laws relating to marketing messages. You further agree that anyone using your account will abide by these Terms and applicable law, and that you will assume full responsibility for and accept the legal consequences of any action taken by anyone using your account in a way that is inconsistent with these Terms or applicable law. The indemnification obligations set forth in these Terms and your Support Agreement shall fully apply to any such use of your account.
WASHIFY reserves the right to suspend or terminate your account at any time, at its sole discretion, and without prior warning, if your account activity is reasonably believed to violate these Terms, the Support Agreement, or applicable law.
You agree to pay a one-time activation fee to begin sending messages using the Services and a per-message rate for each message you send. All payments shall be made using the payment method you have established in accordance with your Support Agreement, the terms of which shall apply to your payment obligations for use of the Services. In addition, you agree not to terminate WASHIFY’s authorization to make charges to your selected payment method until all fees for the Services are paid in full unless mutually agreed upon by both parties in advance in writing.
To view the number of text messages sent, you can obtain the real-time status of your account at any time through Car Wash Administrator.
You understand and accept that Services will be interrupted should you default on your obligation to pay fees due to WASHIFY. In such an event, you agree to pay all outstanding fees before Services will resume.
WASHIFY shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.
Notwithstanding the above, we may, in our sole discretion, offer customized plans that provide for individualized terms, billing cycles, activation fees, and other agreed-upon provisions. We reserve the right to do so without publicly listing the pricing for these customized plans on our site.
WASHIFY reserves the right to determine any violation of this acceptable use policy and these Terms at its sole discretion. Acceptable use of the Services includes, for example, promoting a car wash discount, promotion, unlimited package, or referral program. WASHIFY’s Services may only be used for lawful purposes. Using the Services in an illegal or abusive manner or any other manner that interferes with or diminishes others’ use or enjoyment of the Services is prohibited.
The following list gives examples of illegal, abusive, or otherwise improper use of the Services. This list is provided by way of example and shall not be considered exhaustive:
- Adversely affecting the availability, reliability, or stability of WASHIFY’S Services
- Attempting to bypass, disable, or impair any security measure or otherwise using the Services in any manner posing a security or service risk to WASHIFY, any WASHIFY client, or any of their customers
- Testing or reverse-engineering the Services in order to evade filtering capabilities or to find limitations or vulnerabilities
- Using the Services in any manner that violates any applicable third-party policy or requirement, so long as that third-party policy or requirement is not inconsistent with these Terms
- Using the Services in any manner that violates the Mobile Marketing Association’s guidelines or best practices, carrier guidelines, or any other industry standard
- Promoting or engaging in any illegal activity, including but not limited to fraud, in any connection with your account
- Using any property or material trademarked or copyrighted by WASHIFY in any manner other than those expressly permitted under your Support Agreement
- In any way violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights of publicity
- Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers
- Sending unsolicited marketing messages or engaging in any activity that violates laws and regulations applicable to messaging, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act
- Using the Services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone calls, text messages, and voicemails
- Offering any emergency services (“emergency services” meaning facilitating any communications with or to emergency personnel or to public-safety answering services such as 911 and E911)
- Using your account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a misleading email address or phone number, or a forged header
- Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software
- Interfering with or disrupting any network connected to WASHIFY Services or violating the regulations, policies, or procedures of any such network
In addition to the foregoing and without limitation, WASHIFY prohibits the use of the Services in connection with any of the following types of content, products, or services, all as determined by WASHIFY in its sole discretion:
- Pornography, sexual products, otherwise sexually explicit material, or escort services
- Illegal drugs and drug contraband
- Alcoholic beverages, especially any promotion of alcohol to persons under 21 years of age
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code
- Instructions or materials for the assembly of bombs or other weapons
- Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the case of a minor)
- Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner
- On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under 18 years of age
- Products, services, or content commonly associated with unsolicited commercial messages
- Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including but not limited to “get rich quick,” “build your wealth,” and “financial independence” offerings
- Any libelous, defamatory, scandalous, threatening, or harassing activity
- Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age
- Advocating, promoting, or encouraging violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence
- Any product or service related to death (e.g., mortuaries and cemeteries)
- Any product or service that is unlawful where such product or service or promotion thereof is received
- Images of authors, artists, photographers, or others without prior express written consent form the content owner
- Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier
WASHIFY PROVIDES THE SERVICES AND ALL RELATED CONTENT ON AN “AS IS” BASIS. WASHIFY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE BROADEST EXTENT PERMITTED BY LAW, WASHIFY DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SERVICES. NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY WASHIFY, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO THE SERVICES.
In addition to your obligations under your Support Agreement with Washify, to the fullest extent allowed by applicable law, You hereby agree to defend, indemnify, and hold harmless WASHIFY and its business and technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages (whether compensatory, exemplary, punitive, special, consequential, or incidental), losses, liabilities, judgments, fines, settlements, and expenses (including reasonable attorney, expert, and consultant fees and other legal expenses) in connection with any and all claims, allegations, governmental inquiries, demands, causes of action, lawsuits, or proceedings relating to or arising out of or in connection with Your use of the Services, including without limitation any claim or action arising out of or in connection with (i) any alleged act or omission by You that would constitute a breach of these Terms; (ii) any violation of any law, rule, or regulation concerning messaging alleged to have been committed through any use of your WASHIFY account or your use the Services; or (iii) any other use of WASHIFY’s Services by You in any manner not authorized by these Terms, in violation of the restrictions herein, or in violation of applicable law.
Your duty to defend and indemnify WASHIFY arises immediately upon the presentation of a third-party claim to You or to WASHIFY. With respect to any third-party claim for which indemnification is sought by WASHIFY, WASHIFY will provide reasonably prompt written notice of the third-party claim to You. WASHIFY shall have the right, but not the obligation, to participate as they deem necessary in the handling, adjustment or defense of any such third-party claim. You expressly agree to do the following in connection with the conduct of the defense of any third-party claim:
(a) Inform WASHIFY in writing about all material information pertaining to a third-party claim;
(b) Inform WASHIFY in writing of the date of any mediation, arbitration, trial, or settlement conference relating to a third party claim as soon as possible after it receives such information;
(c) Choose defense counsel that is reasonably satisfactory to WASHIFY; provided, however, that WASHIFY shall be permitted in its sole discretion to retain separate counsel at Your expense;
(d) Provide WASHIFY with copies of all discovery requests within three (3) business days of Your receipt of same;
(e) Provide WASHIFY with copies of all pleadings, discovery responses, settlement proposals and/or any other material documents relating to the third-party claim before finalizing or filing to allow WASHIFY the opportunity to provide comments; and
(f) Inform WASHIFY of the outcome of any mediation, arbitration, motion, trial, settlement, or any other matter from which appeal rights could arise.
You will not enter into any settlement or compromise of a claim without first obtaining WASHIFY’s prior written consent. Moreover, with respect to any third party claims for which WASHIFY is entitled to indemnification from You, WASHIFY reserves the absolute right to assume the defense of any such third party claim, and You shall reimburse WASHIFY for any and all costs and expenses (including reasonable attorney, expert, and consultant fees and other legal expenses) incurred thereafter by WASHIFY.
You agree that WASHIFY has the right to seek and recover all of its damages caused by you through any use of the Service in an unlawful manner, in a manner that violates WASHIFY’S privacy, acceptable use, or import policies, or in any manner inconsistent with these Terms or any other agreement between You and WASHIFY. You acknowledge and agree that this provision will apply to all services from WASHIFY and its affiliates. The terms of this section shall survive the termination of Your use of any WASHIFY services or software regardless of the cause or nature of such termination.
You may terminate your use of the Services at any time by submitting a support ticket through WASHIFY’s user interface. WASHIFY requires a 30-day termination notice. Service may not be cancelled by any other method such as phone, email, or letter. Lack of activity alone does not automatically terminate your account, and you are responsible for service fees until you expressly cancel your account or until your data has been purged (whichever occurs first). In the absence of an explicit cancellation request by support ticket, you agree to pay any and all applicable fees through the date of WASHIFY’s termination of your account access. You understand and agree that WASHIFY will make no refund of any fees whether or not the Services have been used. At any time, with or without notice, WASHIFY may terminate your use of the Services or disable your account in whole or in part at WASHIFY’s sole discretion. WASHIFY shall bear no liability to you or any third party because of any such action.
You hereby acknowledge and agree to the following terms, subject in each case to these Terms and the terms of your Support Agreement:
- The Services may be subject to monthly license fees and one-time activation fees.
- Some features may not be permissible under the laws of certain jurisdictions. You agree that you bear sole control and responsibility over compliance with any such laws and assume sole liability for any noncompliance.
- You are not allowed to import or incorporate (into any contact list, message, social campaign) or upload (to WASHIFY’s software or systems) any of the following information: social security numbers, national insurance numbers, credit card numbers, passwords, security credentials, or sensitive personal or medical information of any kind.
- Text-to-win sweepstakes may be approved only by use of a high throughput toll free number. Shared high throughput toll free numbers may not be used for such promotions.
- You and WASHIFY agree that these Terms are a factual and necessary statement of the mutual understanding and working relationship of the parties and that any waivers or modifications of the rights and obligations hereunder must be in writing and signed by both parties, except as otherwise provided herein. No verbal exception or agreement with any WASHIFY representative will be honored. No delay by WASHIFY in exercising any right or remedy under these Terms, any other agreement between You and WASHIFY, or existing at law or equity shall be considered a waiver of such right or remedy, and if WASHIFY agrees in writing not to enforce a right or remedy in a particular instance, that agreement shall not be deemed to be a continuing or general waiver of any such right or remedy.
- No agency, partnership, joint venture, or employment relationship is created as a result of Your use of the Services, and you have no authority of any kind to bind WASHIFY in any respect whatsoever.
- WASHIFY reserves the right to refuse, suspend, disable, or terminate any party’s Services, in whole or in part, at any time, for any reason, and without notice. WASHIFY shall bear no liability to you or any third party for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use service elements including but not limited to high throughput toll free numbers, mobile keywords, online signup pages, API keys, login access, the control panel, and DSP email servers.
- WASHIFY does not guarantee or warrant that any messages sent to customers using WASHIFY’s systems in accordance with these Terms are or will be compliant with the Cellular Telephone Industries Association (CTIA) rules, the Telephone Consumer Protection Act (TCPA) and related regulations, the laws and regulations concerning the Do Not Call (DNC) registry, or any similar local, state, provincial, or country laws. You are responsible for ensuring you are compliant with all local, state, provincial or country laws.
- WASHIFY likewise is not offering or providing advice about compliance with the CTIA rules, the TCPA and related regulations, the laws and regulations concerning the DNC registry, or any similar local, state, provincial or country laws, and WASHIFY is not agreeing to provide you with any protection or indemnification for claims alleging violations of these laws and regulations. You agree that you will consult your own professional advisors to make sure text messages You send are compliant with the foregoing laws and regulations.