<link href="https://app.termageddon.com/css/policy.css?v=20210506" rel="stylesheet"><article><h2>Terms of Service</h2><p class="tg-last-updated-date">Last updated: Oct 10, 2024 11:46 AM</p><p>Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the AutoEase Application (the "Application") operated by AutoEase, Inc, a(n) Corporation formed in Indiana, United States  ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Application is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Application.</p>

<p>By accessing or using the Application, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Application.</p>

<h2 class="">Our offers and pricing</h2><p>We offer services on this Application.  The price of these services can be found listed on the Application. This price includes all applicable taxes and other fees.

Availability: AE offers various membership options based on vehicle classifications (Passenger Car, Truck/SUV). Fees will vary depending on the vehicle type and are outlined in the Service Contract.

Membership Options and Services: AE provides services as detailed in the Membership Service Contract and Service Intervals. Clients will receive service windows and must schedule services within the provided timeframe.</p><h2 class="">Purchases</h2>

<p>When you make a purchase on the Application, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, Discover, MasterCard,  and Visa.</p>

<p>You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.</p>

Scheduling Appointments: Appointments for the Membership Services will be scheduled periodically based on the Membership Options selected by the Client, as outlined in the Service Contract. AE will contact the Client using their preferred contact method to propose appointment times. Failure to respond within two (2) hours to AE’s appointment notice will be considered acceptance of the proposed time. Clients may cancel appointments without incurring additional fees if done at least 24 hours in advance of the scheduled time.

Rescheduling Fee: Clients will be charged a $5.00 Rescheduling Fee if they (1) reschedule an appointment within 24 hours of the scheduled time or (2) fail to make their vehicle available for the scheduled appointment, necessitating a reschedule. The Rescheduling Fee will be payable with the next scheduled installment or upon termination of the Agreement, whichever comes first.

Fees: Clients will pay AE the fees as outlined in the Service Contract, depending on the selected Membership Options and vehicle type.

Payment Date: Membership fees are paid in monthly installments over the contract duration unless the Client opts to pay the discounted annual fee. The first installment is due on the date specified in the Agreement, with subsequent payments due on the same date each month. If the Agreement is entered into during a month with fewer days than the original agreement date, payments will be due on the last day of the shorter months.

Payment Amount: Each monthly installment will be equal to the total fees divided by the contract duration, unless the Client has opted for the annual discounted payment option.

Credit/Debit Card Use and Authorization: Clients may provide AE with credit or debit card information, authorizing AE to charge payments on the specified due dates.

Late Payments: Payments made by check more than 15 days after the due date will incur a $15.00 late fee, which will continue to accrue every 15 days. Late fees are due immediately. In case of payment default, Clients are responsible for AE’s reasonable costs, including attorney’s fees, incurred while enforcing payment terms.

Term: The Agreement will start on the Effective Date and will continue for the duration specified in the Service Contract unless terminated earlier.

Termination: The Agreement automatically terminates at the end of the specified contract duration. Clients may terminate the Agreement early by providing written notice of termination.

Effect of Termination: Upon termination, AE is no longer required to schedule appointments or provide services, and the Client is released from paying further installments, except for any applicable Early Termination Fee.

Early Termination Fee: If the Client terminates the Agreement before the contract duration expires, they will pay an Early Termination Fee equivalent to the cost of services rendered to date, based on AE’s alternative pricing schedule.

Default by AE: AE is in default if it fails to provide services according to the Client’s selected Membership Options. AE will not be in default if:
- The Agreement has been terminated early.
- The Client fails to make their vehicle available for the scheduled appointment.
- The Client is in default, and AE has not waived the default.

Default by Client: The Client is in default if they:
- Fail to pay fees on time.
- Fail to pay any applicable Rescheduling, Late Payment, or Early Termination fees.
- Declare bankruptcy or undergo corporate restructuring.<h2 class="">Cancellation policy</h2><p>We offer cancellations on purchases made of the services offered on our Application. We offer cancellations only prior to performance of the service. You may cancel your order via the Application. If you cancel your purchase, you will be charged a cancellation fee of $15. We will not be able to issue you a refund of the purchase price that you paid if you cancel your purchase.</p>

<p>We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase. </p><p>We will issue you a refund of the full purchase price that you paid if we cancel your purchase.</p>

<h2 class="">Refund policy</h2>

<p>We do not offer refunds on any purchases made on this Application.</p>

<h2 class="">Advance payments</h2><p>We may ask you to provide an advance payment on any purchase made of the services offered on our Application. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services.</p>

<p>We will issue you a refund of the advance payment that you made if we cancel.</p>

<p>We will issue you a refund of the advance payment that you made if you cancel.</p>

<h2 class=""><span class="text-uppercase">Warranty on purchases</span></h2><p class="text-uppercase">We offer the following warranty on purchases of services: <span class="text-uppercase">Parts will not be defective within two years of service</span>.</p>

<p class="text-uppercase">This warranty shall apply for 730 days from the date of the purchase.</p>

<p class="text-uppercase">Except as stated above, no other warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to the services displayed or sold on this Application, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.</p>

No Warranties: AE warrants that it will provide services in line with industry standards and that work products will meet the agreed specifications. However, AE disclaims all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.

Warranties on Parts: AE may offer warranties on certain parts at its discretion.

No Warranty to Third Parties: No part of this Agreement is intended to create warranties to third parties.

By AE: AE will indemnify and defend the Client against any losses arising from AE’s gross negligence, bad faith, or misconduct in providing services. AE is not liable for modifications made to its services by third parties.

By Client The Client will indemnify AE against any losses resulting from the Client’s actions, including unauthorized disclosure of deliverables or misrepresentations made under the Agreement.<h2 class="">Remedies</h2>

<p>You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:</p><ul><li>repair;</li><li>replacement;</li><li>price reduction.</li></ul><p>You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided  in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.</p>

<h2 class="">Subscriptions</h2><p>This Application features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 year.</p>

<p class="text-uppercase">We do not offer the option to revoke your subscription shortly after making your purchase.</p>

<p class="text-uppercase">There is no minimum purchase required to qualify for the subscription.</p>

<p class="text-uppercase">Cancellation of any subscriptions at any point will require payment in full at market value of each service rendered to date during the subscription period.</p><h2 class=""><span class="text-uppercase">Automatic renewals of subscriptions</span></h2><p class="text-uppercase">When you purchase a subscription on the Application, your subscription will automatically renew each month. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.</p>

<p class="text-uppercase">You may cancel the automatic renewals of your subscription via your account on the Application. Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.</p>

<p class="text-uppercase">You may cancel the automatic renewals of your subscription via Through the Application. Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.</p>

<p class="text-uppercase">The cancellation of the automatic renewal of your subscription will become effective immediately upon you contacting us.</p>

<h2 class="">Accounts</h2>

<p>When you create an account on our Application, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.</p>

<p>You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Application or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.</p>

<p>We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account through their account on the Application.</p> <h2 class="">Prohibited uses</h2>

<p>You agree that you will use this Application in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Application. You agree that you will not perform any of the following prohibited uses:</p>

<ol><li>Impersonating or attempting to impersonate AutoEase, Inc or its employees, representatives, subsidiaries or divisions;</li><li>Misrepresenting your identity or affiliation with any person or entity;</li><li>Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;</li><li>Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Application, or which, as determined in our sole discretion, may harm us or the users of this Application or expose us or other users to liability;</li><li>Using the Application in any manner that could disable, overburden, damage or impair the Application or interfere with another party’s use of the Application;</li><li>Using any robot, spider or other similar automatic technology, process or means to access or use the Application for any purpose, including monitoring or copying any of the material on this Application;</li><li>Using any manual process or means to monitor or copy any of the material on this Application or for any other unauthorized purpose;</li><li>Using any device, software, means or routine that interferes with the proper working of the Application, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;</li><li>Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Application, the server(s) on which the Application is stored, or any server, computer or database connected to the Application;</li><li>Attempting to attack or attacking the Application via a denial-of-service attack or a distributed denial-of-service attack;</li><li>Otherwise attempting to interfere with the proper working of the Application;</li><li>Using the Application in any way that violates any applicable federal, state or local laws, rules or regulations.</li></ol>

<h2 class=""><span class="text-uppercase">No warranty on Application</span></h2>

<p class="text-uppercase">This Application is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Application, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.</p>

<h2 class="">Availability, errors and inaccuracies</h2>

<p>We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Application. We may experience delays in updating information on this Application and in our advertising on other websites. The information, products and services found on the Application may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Application. The inclusion or offering of any product or service on this Application does not constitute an endorsement or recommendation of such product or service by us. </p>

<h2 class=""><span class="text-uppercase">Damages and limitation of liability</span></h2>

<p class="text-uppercase">In no event shall AutoEase, Inc be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Application or with the delay or inability to access, display or use this Application, including but not limited to your reliance upon opinions or information appearing on this Application; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Application, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if AutoEase, Inc has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, AutoEase, Inc IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF AutoEase, Inc WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO AutoEase, Inc IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Application. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF AutoEase, Inc. The aggregate liability of AutoEase, Inc arising out of or relating to this Application, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by AutoEase, Inc from you.</p><h2 class="">Intellectual property and DMCA notice and procedure for intellectual property infringement claims</h2>

<p>All contents of this Application are ©2024 AutoEase, Inc or third parties. All rights reserved. Unless specified otherwise, this Application and all content and other materials on this Application including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of AutoEase, Inc and are either registered trademarks, trademarks or otherwise protected intellectual property of AutoEase, Inc or third parties in the United States and/or other countries.</p>

<p>If you are aware of a potential infringement of our intellectual property, please contact Customer Support at customer@autoeaseapp.com. </p>

<p>We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright, trademark or other intellectual property rights of any person or entity.</p>

<p>If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:</p>

<ol><li>An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;</li><li>A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;</li><li>Your name, email, address and telephone number; and</li><li>A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.</li></ol>

<p>Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Application.</p>

<p>You may submit your claim to us by contacting us at:</p><p>AutoEase, Inc<br>Customer Support<br>customer@autoeaseapp.com<br>3176269782<br>728 Kilbourne Dr<br>
Greenwood, IN 46142<br><span class="text-uppercase">United States</span></p>

Non-Solicitation/Anti-Raiding: No party shall solicit services from AutoEase contractors during the term of the Service Contract and for 12 months after its termination.

Complete Agreement; Amendment: This Agreement, including the Service Contract and any addendums, represents the complete understanding between the parties. Amendments must be in writing.

Independent Contractor: AE is an independent contractor and not an employee of the Client. Furthermore, technicians performing any Services to the Client’s vehicle are independent contractors of AE, not employees of AE.

Assignability: AE may not assign the Service Contract without the Client’s consent.

Notices: All notices shall be communicated via AE’s provided contact channels.

Dispute Resolution: Parties agree to resolve disputes through informal discussions. If unresolved, senior management from both parties will attempt to resolve disputes before litigation.

Governing Law/Waiver of Jury Trial: The Agreement is governed by Indiana law, and parties waive the right to a jury trial.

No Waiver: Failure to exercise any right does not constitute a waiver of that right.

Severability: If any part of the Agreement is found invalid, the remaining provisions remain in force.

Expenses: The prevailing party in any legal action to enforce this Agreement may recover reasonable costs, including attorneys’ fees.

Headings: Headings are for convenience only and do not affect interpretation.

Force Majeure: Neither party is liable for failure to perform due to unforeseen events such as strikes, natural disasters, or acts of war.<h2 class="">Governing law, severability, dispute resolution and venue</h2>

<p>These Terms shall be governed and construed in accordance with the laws of the state of Indiana, United States, without regard to its conflict of laws provisions. <span class="text-uppercase">These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms</span>.</p>

<p>Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Application, and supersede and replace any prior agreements we might have had with you regarding the Application. </p>

<p>Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Johnson County, Indiana.</p>

<p class="text-uppercase">You and AutoEase, Inc agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.</p>

<p>We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service. </p>

<h2 class="">Questions</h2><p>If you have any questions about our Terms of Service, please contact us at customer@autoeaseapp.com.</p>

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