Terms of Service — WashProof

1. Agreement

These Terms of Service (the “Terms”) are a legal agreement between Himara LLC, Kansas, USA (“Himara”, “we”, “us” or “our”) and the business that signs up for WashProof (the “Customer”, “you” or “your”). They govern your use of the WashProof mobile and web applications, the site device application, our websites (including this one) and related services (together, the “Service”).

WashProof is a business-to-business service. By creating an account, accepting an invitation, signing an order form, or using the Service, you agree to these Terms. If you accept these Terms on behalf of a company, you confirm that you have authority to bind that company. If you do not agree, do not use the Service.

If you have a signed order form or other written agreement with us, that agreement controls where it conflicts with these Terms.

2. Definitions

Customer: a wash company that subscribes to WashProof to log and manage interior tanker washes.
Location: a physical wash site that the Customer has turned on in the Service.
Authorized User: a person the Customer invites to sign in with an email address, such as an owner, regional manager or site manager.
Employee: a crew member the Customer adds to the Service who uses a Site Device with a personal PIN and does not sign in with an email address.
Vendor or Trailer Owner: a company whose trailers the Customer washes, and Vendor User: a person at that company invited by a Customer to view and approve washes of that company’s trailers.
Site Device: a tablet or phone paired to a Location and shared by Employees.
Customer Data: data submitted to the Service by or for the Customer, its Authorized Users and its Employees, including wash records, photos, unit numbers, notes, messages, time records and settings.

3. Accounts and roles

We create your company account and first Location(s) when you sign up. You then invite Authorized Users and Vendor Users and add Employees. You decide which roles and Locations each person can access.

You are responsible for everything that happens under your account, including the actions of your Authorized Users and Employees. You must keep sign-in credentials confidential, use accurate information, remove access promptly when someone leaves, and tell us at himarallc@gmail.com if you suspect unauthorized access.

Vendor Users may use the Service free of charge to view and respond to washes of their own company’s trailers. A Vendor User’s access to a Customer’s records ends when that Customer removes them. Vendor Users must also follow these Terms, except the sections on fees and billing.

4. Site devices and PINs

Site Devices are paired to a single Location and may be shared by Employees. Employees clock in and out with a personal PIN. PINs are stored only in hashed (one-way encrypted) form, and we cannot see them.

You are responsible for the physical security of your Site Devices, for keeping PINs private, and for removing a lost or stolen device from your account promptly. Records created on a Site Device are attributed to the Employee whose PIN or name was used, and you are responsible for confirming that this is accurate.

5. Fees and billing

The Service is billed per active Location per month at the price in your order form (U.S. dollars). There are no per-user fees. A Location that is active on any day of a calendar month is billed for that full month; we do not prorate partial months.

Invoices. We invoice monthly. Invoices are due within 30 days of the invoice date unless your order form says otherwise.
Taxes. Fees do not include taxes. You are responsible for any sales, use, value-added or similar taxes, other than taxes on our income.
Late payment. If an invoice is more than 30 days overdue, we may, after giving you at least 10 days’ written notice, suspend the Service until the balance is paid. We will not delete your Customer Data because of a suspension for late payment.
Price changes. We may change prices for future billing periods by giving you at least 30 days’ notice. The change applies from the first full month after the notice period. If you do not agree, you may cancel before it takes effect.
Refunds. Fees are non-refundable except where these Terms say otherwise or the law requires.
Disputes. If you believe an invoice is wrong, tell us within 60 days of the invoice date and we will work with you in good faith to resolve it.

6. Customer Data

You own your Customer Data. You grant us a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service, to comply with law, and as described in our Privacy Policy.

We may create aggregated, de-identified statistics about use of the Service (for example, average wash duration across all customers) that do not identify you, your Employees, your Vendors or any individual, and we may use them to operate and improve the Service.

You are responsible for the accuracy, quality and legality of Customer Data and for having the rights and permissions needed to submit it, including photos taken at your Locations.

Photos and retention. Wash photos are kept for as long as your account is active, unless you choose a shorter retention period in your settings or ask us to delete them. You can export wash records and reports while your account is active.

We do not sell Customer Data, and we do not use it for advertising.

7. Sharing with trailer owners

The Service is designed to share wash records with the companies that own the trailers you wash. When you invite a Vendor User, you instruct us to show that Vendor User the wash records of their company’s trailers at all of your Locations, including photos, unit numbers, services, times, Location names, approval status, edit history and messages you send to them. Vendor Users do not see your other customers’ records, your Employees’ hours, or your billing.

You are responsible for inviting the right people, linking them to the right company, and removing them when they should no longer have access.

Approvals and declines made by Vendor Users are recorded with the person, time and reason. A decline is final for that request. We are not a party to, and are not responsible for, your commercial agreements with Vendors, including pricing, payment, wash standards or disputes about a wash.

8. AI features

The Service uses artificial-intelligence models provided by third parties to read trailer unit numbers from photos. These features are provided to save time and may be wrong. Users can see and correct the number before and after saving, and you are responsible for verifying records that matter to you. We do not use AI output to make decisions about individuals.

To provide this feature, photos are sent to our AI provider as described in the Privacy Policy.

9. Offline use and sync

Site Devices can work without an internet connection. Records and photos created offline are stored on the device and sent to our servers when a connection is available. Until then, they exist only on that device. If a device is lost, damaged, reset or uninstalled before it syncs, those records may be lost. We are not responsible for data that never reached our servers.

10. Acceptable use

You and your users must not:

use the Service for anything unlawful, fraudulent or misleading, including falsifying wash records;
upload content that infringes others’ rights, is obscene or harassing, or contains malware;
try to access accounts, data or systems you are not authorized to access, or probe, scan or test the Service’s security without our written permission;
interfere with or overload the Service, or bypass usage limits or access controls;
copy, resell, sublicense or make the Service available to third parties other than your users, or use it to build a competing product;
reverse engineer the Service except where the law expressly permits it;
use the Service to collect sensitive personal information it is not designed for, such as health information, Social Security numbers or payment card data.

We may remove content or suspend access that violates this section, and we will tell you when we do unless the law or an urgent security issue prevents it.

11. Your responsibilities

Notice to your people. You will tell your Employees and Authorized Users how you use WashProof (including time records and photos taken at your Locations) and obtain any consent the law requires.
Employment law. WashProof records clock-in and clock-out times for your convenience. It is not a payroll system. You remain responsible for complying with wage-and-hour and other employment laws and for checking time records before relying on them.
Food safety and compliance. WashProof helps you document washes. It does not certify that a trailer is clean, sanitary or kosher, and it does not replace your own procedures, inspections, certifications or regulatory obligations.
Equipment. You provide the devices, internet access and accounts with Apple or Google needed to use the Service.

12. Third-party services

We use third-party providers to run the Service, such as cloud hosting, push notifications, email delivery and AI processing. They are listed in our Privacy Policy. We are responsible for the providers we choose to use to deliver the Service. If you connect or use other third-party products with the Service, their terms govern that use, and we are not responsible for them.

13. Confidentiality

Each party may receive non-public information from the other (“Confidential Information”). Customer Data is your Confidential Information, and non-public details of the Service and our pricing are ours. The receiving party will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and share it only with people and providers who need it and are bound by similar obligations. This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or is lawfully received from someone else. A party may disclose Confidential Information when the law requires, after giving the other party reasonable notice where allowed.

14. Security

We use reasonable administrative, technical and physical safeguards designed to protect Customer Data, including encryption in transit, access controls that keep each customer’s data separate, hashed PINs, and audit logs of sensitive actions. No system is perfectly secure. If we become aware of unauthorized access to your Customer Data, we will notify you without undue delay and provide information reasonably available to help you respond.

15. Availability, support and changes

We work to keep the Service available, but it may be interrupted for maintenance, updates or events outside our control. We do not guarantee a specific uptime unless your order form says so. Support is provided by email at himarallc@gmail.com.

We may improve, change or remove features. If a change materially reduces core functionality you pay for, we will give you reasonable advance notice, and you may cancel and receive a refund of any fees prepaid for the period after the change.

You may need to update the apps to keep using the Service. Older versions may stop syncing after we give notice.

16. Our intellectual property and feedback

We and our licensors own the Service, including its software, design, and the WashProof name and logo. Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable right during your subscription for your users to use the Service for your internal business purposes. If you send us suggestions or feedback, we may use them without obligation to you.

17. Term, termination and your data

Your subscription runs month to month until cancelled. You may cancel at any time by emailing himarallc@gmail.com; cancellation takes effect at the end of the current calendar month. You may also turn individual Locations off.

Either party may terminate these Terms if the other materially breaches them and does not cure the breach within 30 days of written notice. We may suspend or terminate access immediately if needed to prevent serious harm to the Service, other customers or the public, or if the law requires.

After termination, your right to use the Service ends. For 30 days after termination you may ask us to provide an export of your wash records. After that period we will delete Customer Data from our active systems within 90 days, and from backups as they expire on their normal schedule, unless the law requires us to keep it. Sections that by their nature should survive (including fees owed, Customer Data, confidentiality, disclaimers, limitation of liability, indemnification and governing law) survive termination.

Deleting an individual account. Authorized Users and Vendor Users can delete their own sign-in account in the app or by emailing us. Deleting a person’s account does not delete company wash records they created, which belong to the Customer; their name may remain on those historical records.

18. Disclaimers

Except as expressly stated in these Terms, the Service is provided “as is” and “as available”. To the fullest extent permitted by law, Himara disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted, error-free, or that AI-read unit numbers will be accurate.

19. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility. Each party’s total liability arising out of or relating to these Terms will not exceed the fees paid and payable by Customer to Himara in the 12 months before the event giving rise to the claim.

These limits do not apply to your obligation to pay fees, to either party’s indemnification obligations, to a party’s gross negligence or willful misconduct, or to liability that cannot be limited by law.

20. Indemnification

We will defend you against any third-party claim alleging that the Service, as we provide it, infringes that party’s U.S. intellectual property rights, and pay resulting damages and costs finally awarded or agreed in settlement. This does not cover claims caused by Customer Data, your modifications, or combinations with things we did not provide.

You will defend us against any third-party claim arising from your Customer Data, your use of the Service in violation of these Terms or the law, or disputes between you and your Employees or Vendors, and pay resulting damages and costs finally awarded or agreed in settlement.

The party seeking defense must notify the other promptly, give it control of the defense and settlement (a settlement may not impose obligations on the protected party without its consent), and provide reasonable help.

21. App store terms

If you download our apps from the Apple App Store or Google Play, these Terms are between you and Himara, not Apple or Google. Apple and Google have no obligation to provide maintenance or support for the apps. To the extent required by Apple, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you regarding the iOS app. You must also follow the app store’s usage rules.

22. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will notify the Customer’s account owner by email or in the app at least 30 days before it takes effect. Continuing to use the Service after the effective date means you accept the updated Terms. If you do not agree, you may cancel before the change takes effect.

23. Governing law and disputes

These Terms are governed by the laws of the State of Kansas, without regard to its conflict-of-laws rules. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other and negotiating in good faith for at least 30 days. Any lawsuit must be brought in the state or federal courts located in Kansas, and each party consents to their jurisdiction. Either party may seek temporary injunctive relief in any court to protect its intellectual property or Confidential Information.

24. General

Entire agreement. These Terms, any order form and the Privacy Policy are the entire agreement about the Service and replace prior discussions.
Assignment. Neither party may assign these Terms without the other’s consent, except to a successor in a merger, acquisition or sale of substantially all of its relevant business, with notice.
Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, other than payment obligations.
Independent parties. The parties are independent contractors. Nothing creates a partnership, joint venture or employment relationship.
Notices. We send notices to the account owner’s email address. You send notices to himarallc@gmail.com.
Severability and waiver. If any provision is unenforceable, the rest remains in effect. Failing to enforce a provision is not a waiver.
Export and sanctions. You will not use the Service in violation of U.S. export control or sanctions laws.

25. Contact

Himara LLC, Kansas, USA
Email: himarallc@gmail.com