This Subscription Agreement (the “Agreement”) is effective as of the date you click “I Agree” (the ‘Effective Date’) by and between Fleetly, Inc., a Delaware corporation (“Fleetly”), and You as the subscriber (“You” or “Your”) of Fleetly’s services.
SUBSCRIPTION SERVICES: Upon the terms and conditions contained herein, Fleetly agrees to provide You with one “Weekly Luxury Wash” automobile detailing service per week for Your specified automobile (the “Services”). The Services shall include [insert list of standard detailing service items] and must be scheduled by You at least 48 hours in advance through the Fleetly scheduling website.
PAYMENT: You agree to pay Fleetly the amount of $80.00 per week by means of automatic debit or credit, which will be automatically charged according to the agreement You enter into with our credit card processor, Stripe, at the time of subscription.
NO ROLL-OVER OR REFUNDS: You acknowledge and agree that if you do not use the Services in a given week, you will not receive a refund or credit, and the Services for that week will be forfeited.
SCHEDULING: You agree to schedule your weekly Services at least 48 hours in advance. Fleetly will make reasonable attempts to accommodate service requests within 48 hours but cannot guarantee availability.
SUBSCRIBER’S AUTOMOBILE: You agree to use the Services for the same automobile throughout the subscription period.
TERM AND TERMINATION: This Agreement shall commence on the date first above written and shall continue on a week-to-week basis until terminated by either party. You may cancel this Agreement at any time, with the cancellation becoming effective at the end of the currently paid week, and subject to the requirements of Your agreement with Stripe. Fleetly reserves the right to terminate this Agreement at any time, with the termination becoming effective at the end of the currently paid week.
RESCHEDULING AND CANCELLATION: You may cancel scheduled Service session without fee if at least two hours notice is given. If You do not provide at least two hours notice of cancellation, or you do not make your automobile available during the scheduled time, You may reschedule Services within the same subscription week, subject to availability and the 48-hour scheduling requirement. However, a late notice rescheduling fee of $25 may be applied for the rescheduled Service. Alternatively, You may choose to forgo services for the missed week and reschedule for the following week.
MISCELLANEOUS:
CHOICE OF LAW: This Agreement shall be governed by and construed in accordance with the laws of Utah.
NO JURY TRIAL: To the maximum extent permitted by law, each party hereby waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this Agreement. The scope of this waiver is intended to be all-encompassing of all disputes that may be filed in any court and that relate to the subject matter of this Agreement, including, without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
WAIVER OF CLAIMS: Fleetly does not take control, ownership, or responsibility for Your car during the Services. Fleetly’s responsibility is limited to providing the Services as outlined in this Agreement. However, Fleetly will accept responsibility for any damage to Your vehicle while in its care that can be sufficiently shown by You to have been solely caused by Fleetly’s willful misconduct. Fleetly’s liability in such cases will be limited to the cost of repair of the damage directly caused by its willful misconduct. Notwithstanding the foregoing, Fleetly also waives, and You accept such waiver, any damage or loss resulting from any Service or action you specific direct Fleetly to perform on your automobile. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES ANY AND ALL CLAIMS FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR ECONOMIC LOSS OF ANY KIND, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
MERGER CLAUSE: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements between the parties, whether written or oral. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
SEVERABILITY: If any provision of this Agreement is held to be invalid, illegal, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to render it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
