Terms of Service

1. Agreement to These Terms; Parties

You accept these Terms by doing any of the following, whichever occurs first: creating an Account; clicking or tapping a button indicating acceptance; or accessing or using any part of the Service. If you do not agree to these Terms, you must not access or use the Service.

If you use the Service on behalf of a business, you represent and warrant that you have authority to bind that business to these Terms, in which case "you" and "your" refer to both you individually and that business, and both are jointly responsible for compliance.

The Washlist Privacy Policy (the "Policy") is incorporated into these Terms by reference and forms part of the agreement between you and Washlist. Additional terms presented to you at the point of a specific purchase (such as plan descriptions and pricing shown at checkout) also form part of the agreement with respect to that purchase.

Electronic contracting. You consent to transact with Washlist electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, including by email to your Account address and by notice within the App, satisfy any legal requirement that such communications be in writing.

2. Eligibility

To create an Account or use the Service you must: (a) be at least eighteen (18) years of age; (b) have the legal capacity to enter into a binding contract; (c) not be barred from using the Service under the laws of the United States or any other applicable jurisdiction; (d) not be located in a country subject to a United States government embargo, and not be listed on any United States government list of prohibited or restricted parties; and (e) not previously have had an Account terminated by Washlist for breach of these Terms.

Business purpose. The Service is a professional tool. You may access and use it solely in connection with the operation of your own vehicle-detailing or similar mobile-services business, and not for personal, family, or household purposes, and not on behalf of any third party except as expressly permitted in Section 6.

Minors. No person under eighteen (18) may create an Account or enter into these Terms. A parent or legal guardian who holds an Account may permit a minor aged thirteen (13) to seventeen (17) to access the Service through that parent's or guardian's Account, provided that the parent or guardian: (a) remains the Account holder and the sole party to these Terms; (b) supervises the minor's use; (c) accepts full responsibility and liability for all activity that occurs under the Account, including all purchases; and (d) ensures the minor's compliance with these Terms. No person under thirteen (13) may access or use the Service under any circumstances.

Misrepresenting your age, identity, or eligibility in connection with the Service is a material breach of these Terms and grounds for immediate termination without refund under Section 18.

3. Accounts, Registration, and Security

Registration. You agree to provide accurate, current, and complete information when creating your Account and to keep it accurate, current, and complete. Washlist may suspend or terminate any Account registered with false, misleading, or incomplete information.

One Account. You may register and maintain only one (1) Account per person or business entity. Creating or controlling additional Accounts, including to obtain additional free trials, evade quotas or rate limits, evade a suspension or termination, or otherwise circumvent any limitation of the Service, is a material breach of these Terms, and Washlist may suspend or terminate every Account it reasonably determines to be associated with such conduct.

Credentials. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account, whether or not authorized by you. You may not sell, transfer, share, or license your Account or credentials to any other person, except that your employees or contractors may access the Service under your Account solely for your business as permitted by Section 6. You agree to notify [email protected] promptly upon becoming aware of any unauthorized use of your Account or any other breach of security.

Verification. Washlist may require reasonable verification of your identity, business, or eligibility at any time, and may suspend the Account pending verification where it reasonably suspects a breach of this Section.

4. The Service

The Service is a lead-discovery and market-analysis tool for detailing professionals. At your request, it scans a selected metropolitan area and produces per-area opportunity scores computed from public, aggregate data sources, including United States Census Bureau American Community Survey estimates, climate normals and weather data, and open map and construction data. Scans run on demand; the Service does not maintain a pre-computed nationwide dataset, and results are cached and refreshed on schedules Washlist determines.

Areas, not people. The Service describes geographic areas. It intentionally provides no names, home addresses, telephone numbers, or other personal information about the residents of any area, and nothing in the Service identifies any individual. Section 7 prohibits any attempt to use the Service to identify, contact, or target specific individuals or households.

Changes to the Service. Washlist may modify the Service, add or remove features, or change the data sources and methodology behind scores at any time. For material reductions in functionality available to paying subscribers, Washlist will use commercially reasonable efforts to provide advance notice.

Beta and preview features. Features identified as beta, preview, or early access (including, as of the Effective Date, Canadian metros, which rely in part on modeled demographic data) are provided as is, may be changed or withdrawn at any time without notice, may produce less reliable output than generally available features, and are excluded from any commitment or obligation that would otherwise apply to the Service.

5. Estimates Only; No Guarantee of Results

ALL SCORES, RANKINGS, AND RELATED OUTPUTS OF THE SERVICE ARE STATISTICAL ESTIMATES ABOUT GEOGRAPHIC AREAS. They are computed from third-party data sources that are themselves estimates with inherent margins of error, and from models that approximate reality. Scores are not measurements, not facts about any particular household or vehicle, and not promises of demand, customers, bookings, or revenue.

You are solely responsible for your own business decisions, including where, whether, and how to market your services. The Service is not professional, financial, marketing, or legal advice, and no output of the Service constitutes a representation that any business outcome will occur.

Data currency. Scores are computed and cached on schedules Washlist determines. Underlying conditions change, source data is updated on its publishers' schedules, and any score may lag reality. Washlist has no obligation to update any particular score at any particular time.

No FCRA use. Washlist is not a consumer reporting agency, and no output of the Service is a consumer report within the meaning of the Fair Credit Reporting Act, 15 U.S.C. section 1681 et seq. You must not use the Service or any of its output to determine any individual's eligibility for credit, insurance, employment, housing, or any other purpose regulated by that statute.

6. License and Permitted Use

Subject to your compliance with these Terms and payment of applicable fees, Washlist grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use the App on mobile devices that you own or control; and (b) access and use the Service and the Service Data solely for the internal purposes of your own detailing or similar mobile-services business.

"Service Data" means the scores, sub-scores, rankings, area statistics, map overlays, and all other data and content generated by or made available through the Service, excluding your User Content.

Permitted use. Within your own business you may use Service Data to plan marketing, routes, and outreach, and you may share it with your employees and contractors who need it for your business, provided you remain responsible for their compliance with these Terms as if their acts were your own. You may not otherwise reproduce, distribute, publish, display, or make Service Data available to any third party.

Reservation of rights. The Service and Service Data are licensed, not sold. Washlist and its licensors reserve all rights not expressly granted in these Terms, and no license or right is granted by implication, estoppel, or otherwise.

7. Prohibited Conduct

You agree that you will not, and will not permit, encourage, or assist any third party to, do any of the following:

(a) access the Service by any automated means, including bots, scrapers, crawlers, spiders, headless browsers, or scripts, or by any interface other than those Washlist provides for ordinary use;

(b) systematically extract, harvest, download, copy, cache, or mirror Service Data, or use Service Data to build, populate, train, or improve any database, dataset, index, model, or product;

(c) sell, resell, rent, lease, sublicense, redistribute, publish, or otherwise make Service Data available to any third party, whether or not for compensation, except as expressly permitted by Section 6;

(d) use the Service or Service Data to attempt to identify, locate, profile, contact, or target any specific individual or household, or combine Service Data with any other data source for that purpose;

(e) use the Service or Service Data to harass, stalk, intimidate, or harm any person, or in any manner that violates fair-housing, civil-rights, or anti-discrimination laws, or to facilitate unlawful discrimination of any kind;

(f) circumvent or attempt to circumvent any quota, rate limit, feature gate, trial limitation, cache, or billing mechanism, including by creating multiple Accounts, sharing credentials, manipulating requests, or clearing or altering usage records;

(g) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, scoring weights, or methodology of the Service, except to the limited extent such a restriction is prohibited by applicable law notwithstanding this clause;

(h) probe, scan, or test the vulnerability of the Service, breach or circumvent any security or authentication measure, access data belonging to any other Account, or interfere with or disrupt the Service, including by load testing or denial-of-service activity;

(i) misrepresent your identity, age, business, or affiliation, or impersonate any person or entity in connection with the Service;

(j) use the Service in violation of any applicable law, including the marketing and solicitation laws described in Section 9;

(k) remove, obscure, or alter any proprietary notice or any data-source attribution displayed by the Service, including attribution required by mapping providers;

(l) use any mapping content made available through the Service in violation of the mapping provider's terms, including storing, caching, or building any dataset from street-level imagery;

(m) frame or mirror any part of the Service, or access its application programming interfaces except through the App and Site as ordinarily operated;

(n) upload, transmit, or introduce any virus, malware, or other harmful code to the Service.

Any violation of this Section 7 is a material breach of these Terms. In addition to every other remedy available to it, Washlist may investigate suspected violations, employ technical measures against them, immediately suspend or terminate the offending Account without refund under Section 18, recover liquidated damages under Section 19 where applicable, and refer conduct to law enforcement where appropriate.

8. Competitors and Benchmarking

You may not access or use the Service if you are, or if you are acting for the benefit of, a competitor of Washlist. A "competitor" means any person or entity that develops, operates, or is preparing to develop or operate a product or service that identifies, scores, ranks, or otherwise evaluates geographic areas for marketing, lead-generation, or demand-estimation purposes, or that otherwise competes with the Service.

Without limiting the foregoing, you may not: (a) access the Service to copy its features, design, scoring behavior, or methodology; (b) use the Service or Service Data to develop, train, calibrate, or benchmark any competing product or service; or (c) publish or disclose any benchmark, comparison, or analysis of the Service without Washlist's prior written consent.

You acknowledge that the Service's scoring methodology, weights, data pipeline, and compiled Service Data constitute valuable trade secrets and confidential commercial information of Washlist, that any breach of this Section 8 or of Section 7 would cause Washlist irreparable harm for which money damages would be an inadequate remedy, and that Washlist is therefore entitled to seek injunctive and other equitable relief, without the necessity of posting a bond, in addition to every other remedy available to it.

9. Your Marketing Activities

The Service tells you where opportunity may exist. How you act on that information is entirely your decision and your responsibility. You are solely responsible for ensuring that all of your marketing, solicitation, and outreach activities comply with every law that applies to them, including: door-to-door solicitation and peddler ordinances, permit and licensing requirements, no-solicitation and no-knock lists, trespass laws, flyer and handbill regulations, the Telephone Consumer Protection Act and its consent requirements for calls and text messages, the CAN-SPAM Act, state telemarketing statutes, and federal and state do-not-call registries.

Washlist provides no contact information, no consent to contact anyone, and no legal advice. A score for an area is not a representation that any particular marketing method is lawful, permitted, or welcome in that area.

Any claim, fine, penalty, or proceeding arising out of your marketing or solicitation activity is your responsibility alone, and is covered by your indemnification obligations under Section 20.

10. User Content

"User Content" means the content you submit to the Service, including notes, custom area names, business profile information, and feedback text.

You retain ownership of your User Content. You grant Washlist a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and display your User Content, and to sublicense it to the service providers that operate the Service on our behalf, in each case solely as needed to provide, secure, and improve the Service for you.

You represent and warrant that: (a) you own or have all rights necessary to submit your User Content; (b) your User Content is accurate to your knowledge and is not unlawful, infringing, defamatory, or deceptive; and (c) your User Content does not contain personal information about any individual other than you and your own business, including that it does not contain the names, addresses, telephone numbers, or other personal information of residents, prospects, or any other third parties. The Service scores areas, not people, and your notes must respect the same boundary.

Washlist does not monitor User Content but may remove or disable any User Content that it reasonably believes violates these Terms or applicable law, without notice or liability.

11. Intellectual Property; Feedback; Copyright Complaints

The Service, including its software, design, user interface, text, graphics, the Washlist name and logo, and the Service Data, together with the scoring methodology, weights, algorithms, and database compilations embodied in it, are owned by Washlist or its licensors and are protected by copyright, trademark, trade-secret, and other intellectual-property laws. Except for the limited license in Section 6, nothing in these Terms transfers any right, title, or interest in the Service to you.

You may not use the Washlist name, logo, or other trademarks without Washlist's prior written consent, except to truthfully identify the Service.

Feedback. If you submit suggestions, ideas, or other feedback about the Service, you grant Washlist a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that feedback for any purpose, without compensation or attribution, and you agree that feedback is not confidential.

Copyright complaints. If you believe content available through the Service infringes your copyright, send a notice to [email protected] containing: identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a statement of good-faith belief that the use is not authorized; a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. Washlist responds to valid notices as required by law and may terminate the Accounts of repeat infringers.

12. Third-Party Services, Data Sources, and App Stores

Data sources. The Service relies on data published or licensed by third parties, including the United States Census Bureau, weather data providers, and open map and construction data projects. Washlist does not control and is not responsible for the accuracy, completeness, or continued availability of third-party data, and third-party data is provided through the Service as is.

Mapping. Map features in the Service are provided by third-party mapping platforms. Your use of those features is subject to the applicable provider's terms of service and privacy policy, including, where Google Maps is used, the Google Maps Platform terms and the Google Privacy Policy, and you agree to be bound by them in connection with your use of the Service. You may not scrape, store, or extract mapping content, and required provider attribution must remain visible and unaltered.

Payments. Payment processing is provided by Stripe and is subject to Stripe's terms and privacy policy. Washlist does not receive or store full payment card details.

Booking links and other external links available through the Service belong to their operators; Washlist does not endorse and is not responsible for them.

Apple App Store. If you download the App from the Apple App Store, the following additional terms apply: these Terms are between you and Washlist only, not with Apple Inc. ("Apple"), and Apple is not responsible for the App or its content; your license to the App is limited to a non-transferable license to use it on Apple-branded products that you own or control, subject to the usage rules in the Apple Media Services Terms and Conditions; Apple has no obligation to furnish maintenance or support for the App; in the event the App fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price of the App (if any) to you, and, to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App; Apple is not responsible for addressing any claim by you or a third party relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer-protection or similar legislation; in the event of a third-party claim that the App or your possession and use of it infringes intellectual-property rights, Washlist, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim to the extent required by these Terms; you represent that you are not located in a country subject to a United States government embargo and are not on any United States government list of prohibited or restricted parties; and Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

Google Play. If you download the App from Google Play, your use of the App is also subject to the Google Play Terms of Service, and in the event of any conflict between those terms and these Terms with respect to your use of the App obtained from Google Play, the Google Play Terms of Service control solely to the extent of the conflict.

13. Plans, Subscriptions, and Billing

Plans. The features, limits, and prices of Washlist's paid plans are those described in the App at the time you purchase. Washlist may change plan features, limits, and prices prospectively at any time; price changes for an existing subscription take effect no earlier than the next billing cycle beginning at least fifteen (15) days after notice to you, and no price will be changed retroactively or mid-cycle.

AUTOMATIC RENEWAL. PAID SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE THEN-CURRENT PRICE FOR SUCCESSIVE PERIODS EQUAL IN LENGTH TO THE PERIOD YOU SELECTED, AND YOUR PAYMENT METHOD WILL BE CHARGED AT THE START OF EACH PERIOD, UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME THROUGH THE BILLING PORTAL LINKED FROM YOUR PROFILE. CANCELLATION TAKES EFFECT AT THE END OF THE CURRENT PAID PERIOD, AND YOU RETAIN ACCESS THROUGH THAT DATE.

Payment. You authorize Washlist, through Stripe, to charge your payment method for all fees, and you agree to keep a valid payment method on file while you maintain a paid subscription. If a payment fails, Washlist may retry it, suspend or downgrade paid features while the Account is past due, and terminate the subscription if payment is not cured within a reasonable time.

Taxes. Fees are stated in United States dollars and are exclusive of taxes. You are responsible for all applicable taxes, duties, and governmental assessments on your purchases, other than taxes on Washlist's income.

14. Free Trial

New Accounts may receive one (1) fourteen (14) day free trial of Pro-level features, with no payment method required. Washlist may modify or withdraw the trial offer prospectively at any time.

The trial is limited to one per person and per business, ever. Creating additional Accounts to obtain additional trials is a material breach of these Terms under Section 3, and Washlist may deny, shorten, or revoke a trial for any Account it reasonably determines is abusing the offer. Washlist may condition future trial offers on providing a valid payment method.

When the trial expires, access to scored results is paused until you subscribe to a paid plan. Your Account and data are retained in accordance with the Policy, and nothing is charged at expiry.

15. Beta Founder Purchase

While the Service is in beta, Washlist may offer a one-time "Beta Founder" purchase at the price displayed in the App at the time of purchase (two hundred ninety-nine United States dollars ($299) as of the Effective Date). The Beta Founder purchase grants twelve (12) consecutive months of Pro-level access, beginning on the date of purchase. If purchased during a free trial, the twelve months begin at purchase and do not extend or stack with the remainder of the trial.

The Beta Founder purchase is not a subscription. It does not renew, automatically or otherwise; it ends when the twelve months end; and continued access after it ends requires a separate subscription at the pricing then in effect. The Beta Founder purchase does not include, and shall not be construed to imply, any price lock, discount, or preferential terms of any kind beyond the twelve months of access it expressly grants.

The Beta Founder purchase is non-refundable to the fullest extent permitted by law, non-transferable, and limited to one per Account. Washlist may modify or withdraw the offer prospectively at any time without affecting purchases already completed. If your Account is terminated for breach under Section 18, no portion of the Beta Founder purchase price is refunded.

16. Refunds and Chargebacks

Except as expressly stated in these Terms or required by non-waivable applicable law, all fees are non-refundable, and no refunds or credits are provided for partial subscription periods, unused scans or quota, downgrades, or periods during which you did not use the Service. Nothing in this Section limits any non-waivable statutory right you may have.

Chargebacks. If you believe a charge is in error, contact [email protected] first; legitimate billing errors will be corrected promptly. If you initiate a chargeback or payment dispute with respect to fees for Service you actually received, Washlist may suspend your Account while the dispute is pending. A chargeback that is resolved in Washlist's favor, or that Washlist reasonably determines was initiated in bad faith to obtain Service without paying for it, is a material breach of these Terms, and Washlist may terminate the Account under Section 18 and recover the disputed amounts together with its reasonable costs of responding, to the extent permitted by law.

17. Quotas, Rate Limits, and Usage Integrity

Each plan includes usage quotas, including a monthly scan allowance, that are enforced server-side and counted per Account per period. Washlist also applies rate limits that protect the stability and cost of the Service and may adjust quotas and rate limits prospectively as plans and infrastructure evolve.

History and quota integrity. Monthly scan quotas are calculated from your scan history. Using "Clear history" in the App hides cleared entries from your view; it does not delete the underlying records, which are retained for the purposes and periods described in Section 8 of the Policy, including so that the current period's quota cannot be reset. Any attempt to manipulate usage records to evade a quota is a breach of Section 7(f).

Washlist may throttle, queue, or temporarily suspend usage that it reasonably determines is anomalous, excessive relative to plan limits, or indicative of automated access, pending investigation.

18. Suspension and Termination

Termination by you. You may stop using the Service at any time, cancel your subscription as described in Section 13, and delete your Account in the App or by written request as described in the Policy. Deleting your Account does not entitle you to any refund except as expressly provided in these Terms.

Suspension and termination by Washlist for cause. Washlist may suspend or terminate your access to all or part of the Service, effective immediately and with or without prior notice, if: (a) you materially breach these Terms, including any violation of Sections 2, 3, 7, 8, 9, or 16; (b) Washlist reasonably suspects fraud, abuse, or unlawful activity connected to your Account; or (c) suspension or termination is reasonably necessary to protect the Service, other users, or third parties, or to comply with law. Upon termination for cause, your license ends, all fees already paid are forfeited to the extent permitted by law, and no refund or credit is due for any unused period, quota, or purchase.

Termination by Washlist without cause. Washlist may terminate these Terms or discontinue the Service without cause on at least thirty (30) days' notice, in which case Washlist will refund, on a prorated basis, any prepaid fees attributable to the unused portion of a paid subscription period or of a Beta Founder purchase. This is the sole circumstance in which prorated refunds are due.

Effect of termination. Upon any termination, your right to access the Service ceases, and Washlist may delete or retain Account data in accordance with the Policy and applicable law. Sections 5, 7, 8, 9, 10, 11, 16, 18, 19, 20, 21, 22, 23, 24, and 26 survive any termination or expiration of these Terms.

19. Liquidated Damages for Automated Extraction

You acknowledge that automated access to the Service and systematic extraction of Service Data in violation of Section 7 inflict harm on Washlist that is real but difficult to quantify at the time of contracting, including infrastructure and third-party data costs, erosion of trade secrets, and impairment of the commercial value of the Service Data. Accordingly, you agree that if you access the Service by automated means or systematically extract Service Data in violation of Section 7(a), (b), or (c), you will pay Washlist, as liquidated damages and not as a penalty, one hundred United States dollars ($100) for each scored area record accessed, copied, or extracted in violation, up to a maximum of twenty-five thousand United States dollars ($25,000) per incident. The parties agree that this amount is a reasonable pre-estimate of Washlist's damages and not punitive.

At its election, Washlist may pursue its actual damages instead of liquidated damages for any incident. Liquidated damages are in addition to, and do not limit, Washlist's right to injunctive and other equitable relief under Section 8, its right to terminate under Section 18, and any other remedy available at law or in equity, and nothing in this Section limits damages for conduct other than that described above.

20. Indemnification

You agree to defend, indemnify, and hold harmless Washlist and its proprietor, employees, contractors, agents, licensors, and service providers (together, the "Washlist Parties") from and against any claim, demand, action, proceeding, loss, liability, damage, fine, penalty, cost, and expense, including reasonable attorneys' fees, arising out of or relating to: (a) your access to or use or misuse of the Service or Service Data; (b) your User Content; (c) your marketing, solicitation, or outreach activities, as described in Section 9; (d) your breach of these Terms or violation of any law; or (e) your violation of any right of a third party.

Washlist may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with that defense. You may not settle any indemnified claim in a manner that imposes any obligation or admission on any Washlist Party without Washlist's prior written consent.

21. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, THE APP, THE SITE, AND ALL SERVICE DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WASHLIST DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WASHLIST DOES NOT WARRANT THAT: THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; ANY SCORE OR OTHER SERVICE DATA WILL BE ACCURATE, CURRENT, COMPLETE, OR RELIABLE; ANY DEFECT WILL BE CORRECTED; OR YOUR USE OF THE SERVICE WILL PRODUCE ANY BUSINESS RESULT, CUSTOMER, BOOKING, OR REVENUE.

WASHLIST IS NOT A CONSUMER REPORTING AGENCY, AND THE SERVICE DOES NOT PROVIDE CONSUMER REPORTS. SECTION 5 GOVERNS AND IS INCORPORATED HERE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you; in that case, they apply to the maximum extent permitted.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY WASHLIST PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WASHLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE WASHLIST PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) FIFTY UNITED STATES DOLLARS ($50); OR (B) THE TOTAL FEES YOU ACTUALLY PAID TO WASHLIST IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY REFLECT AN AGREED ALLOCATION OF RISK THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WASHLIST; THE SERVICE WOULD NOT BE OFFERED AT ITS PRICING WITHOUT THEM.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including, where non-waivable, liability for gross negligence, willful misconduct, or fraud. Some jurisdictions do not allow the limitation of certain damages, so some of the above limitations may not apply to you; in that case, they apply to the maximum extent permitted.

To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the date the claim accrues; otherwise it is permanently barred.

23. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND WASHLIST TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT AS DESCRIBED IN SUBSECTION (h).

(a) Informal resolution first. Before either party may commence arbitration or any other proceeding (other than a qualifying small-claims action), that party must send the other a written notice of dispute. Notices to Washlist must be emailed to [email protected] with the subject line "Notice of Dispute" and must include your name, the email address on your Account, a description of the dispute, and the relief sought; notices to you will be sent to your Account email address. For thirty (30) days after a notice is received, the parties will attempt in good faith to resolve the dispute informally, including, if either party requests it, through one individualized telephone or video conference in which both parties personally participate (counsel may also attend). Completing this process is a condition precedent to commencing arbitration or litigation, and any arbitration or action filed without completing it shall be dismissed or administratively closed as prematurely filed.

(b) Agreement to arbitrate. Except as provided in subsection (c), any dispute, claim, or controversy arising out of or relating to these Terms, the Policy, or the Service, including its existence, breach, termination, enforcement, interpretation, or validity, that is not resolved informally shall be resolved by final and binding arbitration between you and Washlist on an individual basis. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section. The Federal Arbitration Act, 9 U.S.C. sections 1-16, governs the interpretation and enforcement of this Section.

(c) Exceptions. Either party may: (i) bring an individual claim in small-claims court in a court of competent jurisdiction, if the claim qualifies and remains in that court on an individual basis; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual-property rights or to halt unauthorized access, automated extraction, or other conduct described in Sections 7 and 8, without first completing informal resolution or arbitration as to that relief.

(d) Procedure. The arbitration shall be conducted by a single arbitrator, in English. Unless the arbitrator determines that an in-person hearing is required, the arbitration shall be conducted by videoconference or telephone, or decided on the written submissions. Any in-person proceedings shall be held in the county where you reside if you are in the United States, or otherwise as the AAA rules provide. Arbitration fees and costs are allocated as provided in the AAA Consumer Arbitration Rules, and the arbitrator may award any sanction or fee shifting available under those rules or applicable law against a party whose claim or conduct is frivolous or brought in bad faith. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court shall decide any dispute about the enforceability of subsection (e). Judgment on the award may be entered in any court of competent jurisdiction.

(e) Class action waiver. YOU AND WASHLIST EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding, and no arbitration may be joined with another without the written consent of all parties. If this subsection (e) is found unenforceable as to a particular claim or request for relief, then that claim or request, and only that claim or request, shall be severed and decided by a court under Section 24, and all remaining claims shall proceed in arbitration.

(f) Jury waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND WASHLIST EACH KNOWINGLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY.

(g) Coordinated filings. If twenty-five (25) or more demands for arbitration are filed against Washlist that raise similar claims and are filed by or with the assistance of the same or coordinated counsel or organizations, the parties agree that the demands shall be administered under the AAA's Mass Arbitration Supplementary Rules then in effect, and that, before fees are due for the remaining demands, a set of up to ten (10) bellwether arbitrations selected by the parties in equal number shall proceed to award first, with the statutes of limitations tolled for the remaining demands, followed by a mandatory global mediation of the remaining demands. This subsection is intended to promote the efficient and good-faith resolution of coordinated claims and shall be enforced to the maximum extent permitted; if it is found unenforceable, demands shall proceed under the AAA rules that would otherwise apply.

(h) Your right to opt out. You may reject this arbitration agreement, without penalty, by emailing [email protected] with the subject line "Arbitration Opt-Out" within thirty (30) days after you first accept these Terms, stating your name, the email address on your Account, and that you opt out of arbitration. If you opt out, the remainder of these Terms, including Section 24 and the jury waiver in subsection (f) to the extent enforceable, continues to apply, and disputes will be resolved in the courts identified in Section 24. Opting out has no effect on any prior or later agreement to arbitrate that you may enter separately.

(i) Changes to this Section. Washlist will provide at least thirty (30) days' advance notice of any material change to this Section 23. You may reject such a change by written notice to [email protected] within thirty (30) days after the notice, in which case the version of this Section that you previously accepted continues to apply between you and Washlist; rejecting a change does not by itself opt you out of arbitration.

(j) Severability and survival. Except as stated in subsection (e), if any part of this Section 23 is found unenforceable, the remainder shall be enforced to the maximum extent permitted. This Section 23 survives termination of these Terms and of your Account.

24. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Home Jurisdiction, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 23 as stated there.

Subject to Section 23, any judicial proceeding arising out of or relating to these Terms or the Service that is not subject to arbitration shall be brought exclusively in the state or federal courts located in the Home Jurisdiction. You and Washlist each consent to the personal jurisdiction of those courts, agree that venue there is proper and convenient, and waive any objection based on forum non conveniens or improper venue. Upon written request to [email protected], Washlist will confirm the specific state that constitutes the Home Jurisdiction as of the date of the request.

25. Changes to These Terms

Washlist may revise these Terms from time to time. For material changes, Washlist will provide at least fifteen (15) days' advance notice by email to your Account address or by prominent notice in the App before the revised Terms take effect; changes to Section 23 follow the longer notice and rejection procedure in Section 23(i). Non-material changes take effect when posted with an updated date.

Your continued use of the Service after the effective date of revised Terms constitutes acceptance of them. If you do not agree to revised Terms, you must stop using the Service and cancel your subscription before the revised Terms take effect, and Section 18 governs the effect of that termination.

26. General Provisions

Entire agreement. These Terms, together with the Policy and any purchase-specific terms presented at checkout, constitute the entire agreement between you and Washlist concerning the Service, and they supersede all prior and contemporaneous agreements, communications, and understandings, including any earlier summaries of terms displayed in the App or on the Site.

Severability and reformation. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and, where possible, reformed to the minimum extent necessary to make it enforceable while best effecting the parties' intent, and the remaining provisions shall continue in full force and effect.

No waiver. No failure or delay by Washlist in exercising any right under these Terms operates as a waiver of that right, and no waiver is effective unless made in writing. A waiver on one occasion is not a waiver on any other occasion.

Assignment. You may not assign or transfer these Terms or your Account, by operation of law or otherwise, without Washlist's prior written consent, and any attempted assignment in violation of this sentence is void. Washlist may assign these Terms without your consent, including to a successor entity formed to operate the Service or in connection with a merger, acquisition, reorganization, or sale of assets, provided the assignee assumes Washlist's obligations under them.

Force majeure. Washlist is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics, labor disputes, governmental actions, war, terrorism, civil unrest, power or telecommunications failures, and failures of third-party providers or data sources.

Independent parties. You and Washlist are independent contracting parties. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship.

No third-party beneficiaries. Except for Apple as described in Section 12 and the Washlist Parties for purposes of Sections 20, 21, and 22, these Terms confer no rights on any third party.

Notices. Washlist may provide notices to you by email to your Account address or by notice within the App, and such notices are deemed given when sent or posted. You may provide notices to Washlist by email to [email protected], and such notices are deemed given upon our confirmation of receipt. A mailing address for formal legal correspondence and service will be provided upon written request to [email protected].

Export compliance. You agree to comply with all applicable export-control and sanctions laws in connection with your use of the Service.

Interpretation. Section headings are for convenience only and do not affect interpretation. "Including" and its variants mean "including without limitation." "Or" is not exclusive. No rule of construction applies against the drafting party.

27. Contact

Questions about these Terms: [email protected]. Privacy questions and requests: [email protected]. Notices of dispute and arbitration opt-outs: as directed in Section 23.