Last Updated: October 2025

These Terms of Use (these “Terms”) govern your use of Nightwash websites and mobile applications (the “Websites” and the “App”, and collectively, the “Site”), as well as the Unlimited Plan Memberships we offer through the Site and/or use the Site to administer.

For information about your Account and managing your Membership, see Section 7 below.

For information about how we communicate with you using text/SMS, please see Section 18 below.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, AS THEY CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS ACTION RIGHTS, AND OTHER LIMITATIONS THAT AFFECT YOUR RIGHTS, ALL OF WHICH ARE APPLICABLE TO YOUR USE OF THE SITE, OUR SERVICES, AND ANY RELATED ACTIVITIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOUR CONTINUED USE OF THE SITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT USE THE SITE.

For the purpose of these Terms, references to “we,” “us,” and “our” include Nightwash (“Company”) and its affiliates, subsidiaries, agents, representatives, successors and assigns. It is a violation of these Terms for you to use the Site in violation of any applicable laws and regulations or in violation of the rules of any of our service providers. Certain other programs or services provided by us through linked websites or other channels may have additional terms and conditions regarding your use of those services, and nothing in these Terms is intended to modify such terms and conditions. Subject to your compliance with these Terms and all applicable international, federal, state, and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicensable, non-transferable license to use the Site solely for your own personal use. You may only access and use the Site on devices that you own or control and you may not use the Site on devices where you do not have all necessary permissions and rights to use such device for purposes of accessing or using the Site. You acknowledge that these Terms are between you and us only and that we, and not Apple Inc. or Google LLC (collectively, the “App Providers”), are solely responsible for the App, including providing any maintenance or support for the App and any product liability, intellectual property infringement, consumer protection, or privacy claims you may have regarding the App. YOU MAY NOT USE THE APP IF YOU DO NOT AGREE TO THESE TERMS.

1. Modifications

We reserve the right to modify the Site and the rules governing its use at any time, including without limitation these Terms. Modifications will be posted on the Site and the “Last Updated” date at the top of these Terms will be revised. You understand and agree that if you use the Site after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. We may make changes in the services described on the Site or in these Terms at any time without any other prior notice to you.

2. Restrictions on Use

You will not use the Site for any use other than the purpose for which it was intended. You will not take any of the following actions with respect to the Site or the server hosting the Site, nor will you use the Site to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any content, or use the Site in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of, or decrypts the Site or server hosting the Site; (iii) manipulates or otherwise displays the Site by using framing, mirroring, or similar navigational technology or directly links to any portion of the Site; (iv) uses any robot, spider, scraper, or other automatic or manual means to access the Site or to copy any content or information on the Site; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (vi) modifies, adapts, improves, enhances, or makes any derivative work from the Site; (vii) disables, overburdens, impairs, or otherwise interferes with or interrupts the Site or any hardware, software, system, or network connected with the Site; (viii) probes, scans, or tests the vulnerability of or breaches the authentication measures of the Site or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the Site; (x) infringes the copyright, trademark, or any proprietary rights, or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads, or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious, unlawful, unauthorized, or contains defamatory or illegal information, images, materials, or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; or (xvii) accesses systems, data or information that we do not intend to be made accessible to you.

Use of the Site is limited to persons sixteen (16) years of age or older. The Site is not directed to children under thirteen (13) years of age, and we do not knowingly collect personal information from children under 13 in compliance with COPPA (Children’s Online Privacy Protection Act).

3. Privacy Policy

By using the Site, you also consent to our collection, use, and disclosure of your information in accordance with our Privacy Policy. The Privacy Policy is incorporated into these Terms and governs our use of your information and/or any information you submit or otherwise make available to us in connection with the Site and/or our services (including as described in Section 8 below). Payments are processed by Stripe; we do not store full payment card numbers on our systems. Where applicable, we comply with PCI DSS (Payment Card Industry Data Security Standard) and complete SAQ A (Self-Assessment Questionnaire A).

4. No Warranties

THE SITE AND ALL MATERIALS ON THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE SITE OR ANY SERVICES, PRODUCTS, INFORMATION, OPINIONS, OR MATERIALS AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE SITE BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE OR THE SERVICES OR MATERIALS PROVIDED THROUGH THE SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 16 BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP PROVIDERS PROVIDE NO WARRANTY OR REPRESENTATION REGARDING THE APP.

5. Trademarks

All trademarks, service marks and logos that are used or displayed on the Site are owned by us or their respective third-party owners. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks, or logos used on the Site may be a violation of trademark laws. Additionally, our custom icons, graphics, logos, and scripting on the Site may be covered by trademark, trade dress, copyright, and/or other proprietary rights, and may not be copied, modified, or used, in whole or in part, without our prior written permission.

6. Copyright Infringement Notification

If content that you own or have rights to has been posted to the Site without your permission and you want it removed, please follow the steps listed in this section. The DMCA (Digital Millennium Copyright Act) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. We will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Site should be sent to us at: By Mail: info@night-wash.com, Attn: Customer Service, 465 Brickell Ave, Miami, Florida 33131
By Email: dmca@night-wash.com

 (subject line: “Attn: DMCA Agent”)

To be effective, the notification must be in writing and contain the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

A description of the copyrighted work or other intellectual property that you claim has been infringed.

A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it.

Your address, telephone number, and email address.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to us:

Your physical or electronic signature.

Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.

A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.

Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the U.S. District Court for the Southern District of Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

DMCA Agent: We have designated a DMCA Agent with the U.S. Copyright Office. Agent information: [AGENT NAME/DEPARTMENT], 465 Brickell Ave, Miami, Florida 33131, [EMAIL], [PHONE].

7. Unlimited Plan Membership Enrollment/Subscription

We offer various “Plan Memberships” (“Membership Plans”) on an auto-renewing subscription basis. You may create an “Account” and enroll in a Membership Plan on the Site (including through the App). In each case you will receive either a printed receipt or an email or a text message to the email address or mobile phone number you’ve provided with information about your Membership Plan. Membership Plans may be offered at a promotional price explained to you at the time of your enrollment, but pricing may be subsequently increased or otherwise changed at our sole discretion and with notice to you. For more information about how Membership Plans work, including how to manage your Account or cancel your Membership Plan, please see the Membership Terms.

HOW YOUR MEMBERSHIP PLAN SUBSCRIPTION WORKS
When you enroll in a Membership Plan subscription, you are participating in a program through which the payment method associated with your Account and designated by you will be charged on a monthly basis for the charges associated with the level of Membership Plan that you have subscribed for. The amount you will be charged (including tax), when those charges will occur, and the benefits you are entitled to are all selected by you when you enroll and are also explained in the confirmation email or text message sent to you upon your enrollment. Remember that you will be charged the selected amount in advance, on a monthly basis, unless and until you cancel.

BY PURCHASING A MEMBERSHIP PLAN SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (I) WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) ARE AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, (II) THE AMOUNT YOU ARE CHARGED, THE FREQUENCY OF THE CHARGES, AND THE BENEFITS YOU WILL RECEIVE MAY VARY DEPENDING ON THE SELECTIONS YOU MAKE, AND (III) YOUR MEMBERSHIP PLAN SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR IT IS OTHERWISE TERMINATED; SEE BELOW FOR DETAILS ON CANCELING YOUR SUBSCRIPTION.

PRICE ADJUSTMENTS. We reserve the right to adjust prices in our sole discretion at any time; provided, however, that we will provide you with at least 30 days’ advance notice of any price changes with respect to the Membership Plan you’ve signed up for. Unless and until you cancel your Membership Plan after such notice has been delivered to you, your continuation in the applicable Membership Plan will constitute your acceptance of such price changes. Membership Plans may be offered at a promotional price explained to you at the time of your enrollment, but pricing may be subsequently increased or otherwise changed as described to you at the time of enrollment or otherwise at our sole discretion and with the aforementioned notice to you.

CANCELING YOUR MEMBERSHIP PLAN. YOU MAY CANCEL YOUR MEMBERSHIP PLAN SUBSCRIPTION AT ANY TIME BY (1) GOING TO THE SITE, CLICKING ON THE “MEMBERSHIPS” TAB, SELECTING “MANAGE MEMBERSHIP” AND FOLLOWING THE INSTRUCTIONS (CUSTOMER PORTAL); (2) EMAILING US AT info@night-wash.com
 AND INCLUDING YOUR NAME, PHONE NUMBER, AND YOUR LICENSE PLATE NUMBER; OR (3) CALLING US AT [PHONE NUMBER]. YOU MUST CANCEL YOUR MEMBERSHIP PLAN SUBSCRIPTION AT LEAST TWO (2) DAYS PRIOR TO YOUR NEXT BILLING DATE TO AVOID BEING CHARGED FOR THE NEXT MONTH.

PLAN LEVELS

The Essential, The Comfort, The Elite, The Signature

All plans include:

Interior: Professional Wipe & Clean All Surfaces; Vacuum Interior; Clean Windows & Mirrors; Clean Floor Mats & Carpets; Vacuum Trunk.

Exterior: Professional Clean & Hand Wash; Clean & Wash Wheel Wells; Detail Rim Faces & Tires; Dress Exterior Trim; Clean Door Jambs; Clean Windows.

The above tiers and services offered may be modified by us from time to time upon notice to you, which may be via an update to these Membership Terms. We reserve the right to cancel a membership at our discretion; upon such cancellation, we will refund a pro-rata portion of that month’s charges.

The Single Pay-Per-Wash payment feature is not part of any Membership Plan, and purchases using this feature are not refundable or eligible towards a new Membership Plan. If you use the Single Pay-Per-Wash feature, you understand and acknowledge that you are choosing to purchase additional wash codes and will be charged for each wash you purchase using your designated payment method.

You understand and agree that your Membership Plan and the assignment is only valid for one vehicle identified by your license plate. If at any time your Membership Plan is used on multiple vehicles, you will be automatically charged a flat fee of One Hundred Dollars ($100) using the default payment method on file for your Account. Further, we reserve the right to terminate your Account and your Membership Plan based upon violation of these Membership Terms.

ADDITIONAL CONDITIONS
We reserve the right to limit or reschedule services due to government-imposed regulations or environmental conditions. We may postpone or reschedule services due to inclement weather, holidays, equipment maintenance, unforeseeable natural disasters, governmental requirements, safety considerations, or other operational reasons. No refunds, prorations or other discounts will be made in such situations.

8. Registration, Access & Security

If you use any of our services, set up an Account with us, or otherwise provide us with any information either in person or through the Site, including without limitation, your name, birth date, age, payment card information, address, zip code, mobile phone number, email address, license plate number, and/or your password (collectively, your “Account Data”) for any Accounts associated with you, you agree to provide true, accurate, current, complete, and up-to-date information. If you provide any information that is untrue, inaccurate, non-current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current, or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Site (or any portion thereof). We reserve the right to take any action that we deem necessary to ensure the security of the Site and your Account, including without limitation changing your password, terminating your Account, or requesting additional information to authorize transactions on your Account. You are solely responsible for keeping your Account Data and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your Account Data or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Account Data and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You will immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your Account security. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software, and communication lines required to access and use the Site, and we reserve the right to change the access configuration of the Site at any time without prior notice.

9. Alternate Login Methods

You may be able to access your Account within the App by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your mobile device. These features are provided through your mobile device’s built-in functionality, and we have no responsibility for any failure of these features, either where such failure may prevent you from accessing your Account or where such failure may permit an unauthorized third party to access your Account. When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by us or on our behalf. Be aware that if you enable features such as fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your device may have access to the information contained within the App, including your Account Data.

10. Reviews, Comments and Other Content

If you post or submit any reviews, comments, photos, statements, ideas, questions, or other content, or any names or user names associated with any of the foregoing, to the Site, to us, or elsewhere (if such material is about us) (collectively, the “Content”), you acknowledge and agree that all such Content will comply with these Terms (including, without limitation, Section 2 above) and you may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the Content. Unless we indicate otherwise, you grant us an irrevocable, perpetual, fully paid up, royalty-free, enterprise-wide, worldwide license to copy, modify, sell, create derivative works from, or otherwise use the Content on any media and in any form for our business purposes, including without limitation for advertising and promotion. You also grant us the right to use your name, image, likeness or persona including any rights of publicity connected therewith to the extent it is included within the Content. You represent and warrant that all Content that you submit or post will comply with any applicable guidelines or rules of the United States Federal Trade Commission relating to truthfulness and transparency, including without limitation its Guides Concerning the Use of Endorsements and Testimonials in Advertising and its Rule on the Use of Consumer Reviews and Testimonials. Operational photos (“before/after”) and license plates may be captured for quality and service purposes. For promotional/marketing use we will either request separate consent or use anonymized imagery.

11. Violation of Rules and Regulations; Disclosure of Information

We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in, referenced in, or otherwise applicable to the Site, including without limitation these Terms, which includes our right to block access from a particular Internet address to the Site. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by our Privacy Policy, we reserve the right at all times to: (i) disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request; or (ii) edit, refuse to post, or to remove any information or materials, in whole or in part, as applicable, in our sole discretion.

12. Indemnity

To the extent permitted under applicable law, you agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners, and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including without limitation reasonable outside attorneys’ fees, due to, relating to, or arising out of: (i) your use of the Site; (ii) your violation of these Terms; (iii) any Content you provide; (iv) your negligence, fraud, or willful misconduct; (v) your Account; and/or (vi) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of your Account.

13. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY MATERIALS, SERVICES, AND/OR PRODUCTS WE HAVE PROVIDED TO YOU ON OR THROUGH THE SITE, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITE; (B) ANY ACTION TAKEN BY OR IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE SITE; AND (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OF, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (i) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER; (ii) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (iii) VIRUSES.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SITE AND ANY PRODUCTS OR SERVICES PURCHASED FROM US, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TWENTY UNITED STATES DOLLARS ($20.00). BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY. Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

14. Third Party Sites and Apps

Some links in or on the Site may navigate you away from the Site or redirect you to other websites, including websites operated by us and/or by third parties. The linked websites operated by third parties are not under our control, and the content available on the linked third party websites do not necessarily reflect our opinion or imply our recommendation or endorsement. We are not responsible for the privacy practices of any other websites. Please be aware that those websites may collect personally identifiable information from or about you as well as information about your visit. You should review the terms of use and privacy policies posted on any linked website before using it. We are providing these links as a convenience to you, and access to any other websites linked to the Site is at your own risk. We are under no obligation to maintain any link on the Site and we may remove a link at any time in our sole discretion. We will not be responsible or liable for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website.

15. No Fiduciary Relationship

Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us. These Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on our behalf or bind us in any way.

16. Right to Monitor

We reserve the right to actively monitor the use of the Site and use any information gathered during such monitoring for any permissible purpose under our Privacy Policy. Additionally, we may, at any time as we deem appropriate, remove any materials from the Site that, in our sole discretion, may be illegal, may subject us to liability, may violate these Terms, or are, in our sole discretion, inconsistent with our purpose for the Site.

17. Electronic Communications and Notice

When you visit the Site or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), sending you messages through the App, sending SMS or text messages to your mobile phone at the number you have provided as described in Section 18 below, or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also consent to the use of electronic records and signatures pursuant to ESIGN (Electronic Signatures in Global and National Commerce Act). You may withdraw your consent by contacting support; withdrawal may affect your ability to use the Site.

All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, by reputable overnight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described above. The notice address for the Company is: Nightwash, 465 Brickell Ave, Miami, Florida 33131, or info@night-wash.com
. Any notice sent in the manner set forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposit in the U.S. mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section.

18. SMS/Texting

You consent to receive SMS or text messages (“Text Messages”) from Nightwash. Message and data rates may apply. Message frequency varies.
By consenting to receive these Text Messages:

You expressly authorize us to use an automatic telephone dialing system (“ATDS”) or non-ATDS technology to send Text Messages to the phone number you have identified.

You authorize us to use Text Messages to send you account, subscription, and promotional communications related to Nightwash. Promotional Text Messages are not a condition of purchase.

You can opt out at any time by replying STOP (you may also use QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE). After you send a STOP request, we will send a final message to confirm your opt-out. For help, reply HELP, email info@night-wash.com, or call [PHONE NUMBER].

We are not responsible for delayed or undelivered Text Messages.

If we wish to send you Text Messages on behalf of any third party, we will request separate, express written consent identifying each such third party.
We may revise, modify, or amend this Section at any time. Any such revision will take effect when posted to the Site, and we may also notify you by other means if you have not opted out of Text Messages. We comply with TCPA (Telephone Consumer Protection Act) and CTIA (Cellular Telecommunications Industry Association) guidelines.

19. Use Outside of the United States; Choice of Law; Venue

The Site is operated by us from our offices within the United States of America. We make no representation that the information on the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. By using the Site, regardless of where you live or are located in the world, you consent to these Terms, and any claims relating to the information, services or products made available through the Site will be governed by the laws of the State of Florida, U.S.A., excluding the application of its conflicts of law rules. These Terms will be governed by, construed, and interpreted without reference to the United Nations Conventions on Contracts for the International Sale of Goods. Venue for all actions relating in any manner to these Terms and not subject to arbitration as provided below will be brought exclusively in a federal or state court of competent jurisdiction located in Miami-Dade County, Florida, U.S.A.

20. Arbitration

Binding Arbitration. You and we acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, you and we agree that, except for (i) statutory or common law claims related to intellectual property, and (ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to these Terms, your relationship to us, and/or your use of the Site or any products or services acquired from us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

Waiver of Class Actions. YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.

Conduct of Arbitration; Governing Rules. Arbitrations for any disputes between you and us relating to the Covered Claims will be administered by the AAA (American Arbitration Association) in accordance with its Consumer Arbitration Rules, where applicable, and the Mass Arbitration Supplementary Rules (collectively, the “AAA Rules”). Florida law applies to any arbitration under this section, but the parties acknowledge that the FAA (Federal Arbitration Act) governs the interpretation and enforcement of this arbitration provision, including procedural aspects of the arbitration. All issues are for the arbitrator to decide, except those relating to the scope, application, and enforceability of this arbitration provision—which are for a court to decide.

Pre-Arbitration Notice and Informal Resolution. Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide individualized written notice of the potential claim to the opposing party setting forth (i) the factual and legal basis for the claim; (ii) contact information for the potential claimant and their counsel, if any; and (iii) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 30 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide Notice of a claim to us, write to info@night-wash.com and use the subject line “Notice of Claim”.

Unless you and we agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. All provisions of this section shall survive termination of your Account or your relationship with us.

21. Time Limit on Claims Against Us

You agree that any claim you may have arising out of or related to your use of the Site or your relationship with us must be filed within one (1) year after such claim arose, to the extent permitted by law; otherwise, your claim is permanently barred.

22. Severability and Waiver

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

23. Assignment

We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Terms or your rights under these Terms without our prior written consent, and any assignment in violation of this prohibition will be null and void.

24. Our Remedies

You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that could cause us irreparable and unquantifiable harm. You also agree that monetary damages could be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate without posting of a bond. These remedies are in addition to any other remedies we may have at law or in equity.

25. Third Party Beneficiaries and App Provider Terms

You acknowledge and agree that the App Providers and their subsidiaries are third party beneficiaries of these Terms, and that, upon your use of the App (which will be considered your acceptance of these Terms), an App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You further agree to comply with our App Providers’ terms and conditions: (i) Apple Media Services Terms and Conditions (available at: https://www.apple.com/legal/internet-services/itunes/us/terms.html); and (ii) Google Play Terms of Service (available at: https://play.google.com/about/playterms/index.html).

26. How to Contact Us

If you have any questions regarding the Site or these Terms, please contact us at:
By Mail: Nightwash, 465 Brickell Ave, Miami, Florida 33131
By Email: info@night-wash.com
 (subject line: “Attn: Customer Service”)
By Phone: [PHONE NUMBER]

27. Survival

Any provision of these Terms which by its nature is required to survive beyond termination of your Account will so survive.