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Luxury Sport$79 / car
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BrushHour
DEALERSHIP TERMS & CONDITIONS NOTICE
July 29, 2026
These terms of service constitute a legally binding agreement (the “Agreement”) between you and BrushHour Systems, LLC. (“BrushHour,” "BrushHour Systems, LLC.”, “we,” “us,” or “our”) governing your use of the BrushHour web app, website, and technology platform (collectively, the “BrushHour Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND BrushHour HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BrushHour TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A COMMERCIAL ENTITY, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED BELOW.
By entering into this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provision) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BrushHour PLATFORM.
1. Contractual Relationship
These Terms of Use ("Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the "Services") made available by BrushHour Systems, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "BrushHour"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BrushHour. In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. BrushHour may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BrushHour ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
BrushHour may amend the Terms from time to time. Amendments will be effective upon BrushHour's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If BrushHour changes these Terms after the date you first agreed to the Terms, you may reject any such change by providing BrushHour written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided by email from the email address associated with your Account to: [email protected]. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against BrushHour on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against BrushHour, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against BrushHour by someone else.
You and BrushHour agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and BrushHour, and not in a court of law.
You acknowledge and agree that you and BrushHour are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and BrushHour otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and BrushHour each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law:
The arbitration will be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures then in effect, except as modified by this Arbitration Agreement. NAM’s Rules are available at www.namadr.com.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement.
3. The Commercial Platform & License
The Services comprise BrushHour's commercial auto reconditioning technology platform, which enables authorized franchise dealerships to arrange and schedule commercial automotive detailing, ceramic application, and F&I preparation services. The Services are made available strictly for commercial B2B use by authorized franchise dealerships. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN CAR WASH, RECONDITIONING, AND/OR DETAILING SERVICES THROUGH THE USE OF THE SERVICES IS GOVERNED EXCLUSIVELY BY YOUR COMMERCIAL MASTER SERVICE AGREEMENT AND THESE TERMS.
Subject to your compliance with these Terms, BrushHour grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Applications solely in connection with your commercial use of the Services.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by BrushHour; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services.
4. General Commercial Terms
4.1 Commercial Dealership Scheduling and Minimums
- Full Day Exclusivity & The Daily Minimum: All commercial dealership service blocks are exclusively scheduled as "Full Days." To secure a Full Day booking, the Dealership must stage a volume of vehicles that equals a minimum aggregate service value of $600.00 USD (the "Daily Minimum"). Any combination of service tiers (e.g., Luxury Super Sport, Luxury Motorsport, Luxury Sport) may be utilized, provided the total invoiced amount meets or exceeds the Daily Minimum.
- Use It or Lose It Policy: BrushHour allocates crew availability and time blocks based strictly on the Dealership's scheduled booking. If the Dealership fails to stage sufficient vehicles, lacks available lot porters, or otherwise fails to provide access to the inventory necessary to meet the Daily Minimum upon the crew's scheduled arrival, BrushHour will invoice, and the Dealership legally agrees to pay, the full $600.00 Daily Minimum regardless of the number of vehicles actually serviced. There are no staging grace periods, and no partial cancellations are permitted.
- Strict Tier Boundaries: Dealership acknowledges and agrees to the following operational limitations per service tier:
- Luxury Super Sport (LSS - Heavy Recon): Heavy reconditioning is limited to Targeted Stain Remediation of EITHER carpets OR seats. Requests to remediate both carpets and seats in a single vehicle will trigger a mandatory, pre-authorized flat-fee upcharge. Includes Engine Bay Detail and F&I Protection Premium Ceramic Wax.
- Luxury Motorsport (LMS - F&I Prep): This tier is strictly limited to an exterior wash, ceramic spray application, and a light interior wipe-down. Engine bay detailing and heavy stain extraction are expressly excluded.
- Luxury Sport (LSp - Maintenance): Standard lot maintenance wash. Large vehicle fees are explicitly applied to this tier.
4.2 Dealership Lot Operations & Material Liability
- Lot Operations: Dealership porters are strictly required to operate and stage the vehicles within the designated service area immediately before and after BrushHour’s service. BrushHour personnel are not authorized to drive or move Dealership inventory across the commercial lot.
- Material Liability Waiver: While BrushHour utilizes industry-standard best practices, the Dealership acknowledges that standard engine bay degreasers and cleaning solvents may affect or degrade under-hood plastics and cosmetic components over extended periods of time or through repeated use. BrushHour expressly disclaims, and the Dealership waives, any and all liability for such degradation.
- Proprietary Weather Determinations: BrushHour utilizes a proprietary internal tracking system to monitor extreme weather conditions, including but not limited to, ambient temperatures below 27°F or above 89°F. BrushHour retains the sole, unilateral authority to declare a weather delay, reschedule a service block, or mandate the use of a two-car accessible indoor facility provided by the Dealership (which must include functioning water and electricity). The Dealership expressly waives the right to contest BrushHour’s weather determinations using third-party consumer weather applications.
- General Disclaimers: BrushHour personnel are not responsible for any misplaced or lost items in the vehicle. BrushHour requires that Dealerships remove any valuable items and large trash (larger than 2.5 inches) before service begins. BrushHour does not guarantee 100% stain removal, 100% bacteria removal, 100% odor removal, or 100% pet hair removal. For health and safety, we do not clean human or animal bodily fluids.
4.3 Compliance & Use Boundaries
The Services under this Agreement are exclusively for Commercial Use by authorized franchise dealerships. Services may not be combined with any consumer promotions or discounts. The Services may not be used for Non-Compatible Vehicles. “Non-Compatible Vehicles” means vehicles that are not compatible with the equipment at the BrushHour Service Location for any reason, including, without limitation, vehicles that (i) are incompatible by size, design or modification, or (ii) have accessories, trailers or other items attached to the vehicle that make the vehicle incompatible.
Dealership represents and warrants that it has full power and authority to enter into and perform this Agreement, and doing so will not violate any other agreement to which Dealership is a party. Dealership is solely responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to its business operations in its respective jurisdiction.
5. Commercial Payment Terms, Fees, and Collections
5.1 Payment Obligations: In consideration of the Services provided, the Dealership shall pay the fees set forth in the mutually executed Master Service Agreement (MSA) or the then-current pricing schedule.
5.2 Proof of Concept (POC) Billing: Initial "Proof of Concept" service days are billed strictly as "Due on Receipt." Dealership agrees to remit payment immediately upon completion of the POC service via an approved credit card processing link.
5.3 Net 30 Terms & Late Penalties: Upon execution of a standard 6-month Master Service Agreement, the Dealership’s account will transition to Net 30 payment terms. Invoices must be paid in full within thirty (30) days of the invoice issuance date. BrushHour reserves the right to automatically assess a mandatory five percent (5%) late fee on the total outstanding balance for any payment not received by the deadline.
5.4 Payment Methods & Processing:
- Credit Cards: Payments made via credit card (excluding debit cards) will incur a mandatory, non-refundable third-party processing fee.
- Physical Checks: Dealerships may remit payment via physical check to avoid processing fees. Checks must be mailed to BrushHour's designated PO Box. On-site physical check pickups by BrushHour crews are strictly prohibited. The Dealership bears the sole risk of mail transit delays; physical checks must be received and deposited prior to the expiration of the Net 30 period to avoid the automatic 5% late fee.
5.5 Non-Refundable: All payments made to BrushHour in connection with commercial services are strictly non-refundable.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. BrushHour EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
7. Limitations of Liability
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BrushHour, ITS AFFILIATES, AND ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES OR BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THIS AGREEMENT, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO THE SERVICES IN EXCESS OF THREE TIMES THE MOST RECENT PAYMENT IN CONNECTION WITH THE SERVICES, IF ANY, OR $100, WHICHEVER AMOUNT IS GREATER.
BrushHour SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BrushHour'S REASONABLE CONTROL. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE COMMERCIAL AUTO RECONDITIONING SERVICES, BUT YOU AGREE THAT BrushHour HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND YOUR EXECUTED MASTER SERVICE AGREEMENT.
8. Confidentiality & Intellectual Property
Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party. Each party shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement, and shall return or destroy all Confidential Information of the disclosing party upon the termination of this Agreement.
We reserve all rights not expressly granted in this Agreement. The Scheduler Web App, our Platform, and all data gathered through our Platform, including all intellectual property rights therein, are and remain our property. You shall not license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the Platform.
9. Miscellaneous
9.1 Privacy Policy: By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy (available at: https://www.BrushHour.co/privacy).
9.2 Governing Law: Any claim under this Agreement or otherwise related to the Services or BrushHour shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions.
9.3 Arbitration: All disputes, claims, or controversies arising under this Agreement are exclusively governed by the NAM Arbitration Agreement outlined in Section 2 of these Terms.
9.4 Severability: If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified to render it enforceable and effective to the maximum extent possible to effect the intent of the provision.
9.5 Entire Agreement: You agree that this Agreement, your Master Service Agreement (MSA), and any terms, conditions, or other policies of BrushHour constitute the entire, complete, and exclusive agreement between you and us regarding the Services. If there is a conflict between the MSA and these Terms, the MSA will prevail with respect to the specific conflict.
9.6 Assignment: BrushHour may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without BrushHour’s prior written consent.
9.7 Waivers: Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
DEALERSHIP TERMS & CONDITIONS NOTICE
July 29, 2026
These terms of service constitute a legally binding agreement (the “Agreement”) between you and BrushHour Systems, LLC. (“BrushHour,” "BrushHour Systems, LLC.”, “we,” “us,” or “our”) governing your use of the BrushHour web app, website, and technology platform (collectively, the “BrushHour Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND BrushHour HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BrushHour TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A COMMERCIAL ENTITY, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED BELOW.
By entering into this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provision) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BrushHour PLATFORM.
1. Contractual Relationship
These Terms of Use ("Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the "Services") made available by BrushHour Systems, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "BrushHour"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BrushHour. In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. BrushHour may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BrushHour ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
BrushHour may amend the Terms from time to time. Amendments will be effective upon BrushHour's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If BrushHour changes these Terms after the date you first agreed to the Terms, you may reject any such change by providing BrushHour written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided by email from the email address associated with your Account to: [email protected]. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against BrushHour on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against BrushHour, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against BrushHour by someone else.
You and BrushHour agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and BrushHour, and not in a court of law.
You acknowledge and agree that you and BrushHour are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and BrushHour otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and BrushHour each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law:
The arbitration will be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures then in effect, except as modified by this Arbitration Agreement. NAM’s Rules are available at www.namadr.com.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement.
3. The Commercial Platform & License
The Services comprise BrushHour's commercial auto reconditioning technology platform, which enables authorized franchise dealerships to arrange and schedule commercial automotive detailing, ceramic application, and F&I preparation services. The Services are made available strictly for commercial B2B use by authorized franchise dealerships. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN CAR WASH, RECONDITIONING, AND/OR DETAILING SERVICES THROUGH THE USE OF THE SERVICES IS GOVERNED EXCLUSIVELY BY YOUR COMMERCIAL MASTER SERVICE AGREEMENT AND THESE TERMS.
Subject to your compliance with these Terms, BrushHour grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Applications solely in connection with your commercial use of the Services.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by BrushHour; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services.
4. General Commercial Terms
4.1 Commercial Dealership Scheduling and Minimums
- Full Day Exclusivity & The Daily Minimum: All commercial dealership service blocks are exclusively scheduled as "Full Days." To secure a Full Day booking, the Dealership must stage a volume of vehicles that equals a minimum aggregate service value of $600.00 USD (the "Daily Minimum"). Any combination of service tiers (e.g., Luxury Super Sport, Luxury Motorsport, Luxury Sport) may be utilized, provided the total invoiced amount meets or exceeds the Daily Minimum.
- Use It or Lose It Policy: BrushHour allocates crew availability and time blocks based strictly on the Dealership's scheduled booking. If the Dealership fails to stage sufficient vehicles, lacks available lot porters, or otherwise fails to provide access to the inventory necessary to meet the Daily Minimum upon the crew's scheduled arrival, BrushHour will invoice, and the Dealership legally agrees to pay, the full $600.00 Daily Minimum regardless of the number of vehicles actually serviced. There are no staging grace periods, and no partial cancellations are permitted.
- Strict Tier Boundaries: Dealership acknowledges and agrees to the following operational limitations per service tier:
- Luxury Super Sport (LSS - Heavy Recon): Heavy reconditioning is limited to Targeted Stain Remediation of EITHER carpets OR seats. Requests to remediate both carpets and seats in a single vehicle will trigger a mandatory, pre-authorized flat-fee upcharge. Includes Engine Bay Detail and F&I Protection Premium Ceramic Wax.
- Luxury Motorsport (LMS - F&I Prep): This tier is strictly limited to an exterior wash, ceramic spray application, and a light interior wipe-down. Engine bay detailing and heavy stain extraction are expressly excluded.
- Luxury Sport (LSp - Maintenance): Standard lot maintenance wash. Large vehicle fees are explicitly applied to this tier.
4.2 Dealership Lot Operations & Material Liability
- Lot Operations: Dealership porters are strictly required to operate and stage the vehicles within the designated service area immediately before and after BrushHour’s service. BrushHour personnel are not authorized to drive or move Dealership inventory across the commercial lot.
- Material Liability Waiver: While BrushHour utilizes industry-standard best practices, the Dealership acknowledges that standard engine bay degreasers and cleaning solvents may affect or degrade under-hood plastics and cosmetic components over extended periods of time or through repeated use. BrushHour expressly disclaims, and the Dealership waives, any and all liability for such degradation.
- Proprietary Weather Determinations: BrushHour utilizes a proprietary internal tracking system to monitor extreme weather conditions, including but not limited to, ambient temperatures below 27°F or above 89°F. BrushHour retains the sole, unilateral authority to declare a weather delay, reschedule a service block, or mandate the use of a two-car accessible indoor facility provided by the Dealership (which must include functioning water and electricity). The Dealership expressly waives the right to contest BrushHour’s weather determinations using third-party consumer weather applications.
- General Disclaimers: BrushHour personnel are not responsible for any misplaced or lost items in the vehicle. BrushHour requires that Dealerships remove any valuable items and large trash (larger than 2.5 inches) before service begins. BrushHour does not guarantee 100% stain removal, 100% bacteria removal, 100% odor removal, or 100% pet hair removal. For health and safety, we do not clean human or animal bodily fluids.
4.3 Compliance & Use Boundaries
The Services under this Agreement are exclusively for Commercial Use by authorized franchise dealerships. Services may not be combined with any consumer promotions or discounts. The Services may not be used for Non-Compatible Vehicles. “Non-Compatible Vehicles” means vehicles that are not compatible with the equipment at the BrushHour Service Location for any reason, including, without limitation, vehicles that (i) are incompatible by size, design or modification, or (ii) have accessories, trailers or other items attached to the vehicle that make the vehicle incompatible.
Dealership represents and warrants that it has full power and authority to enter into and perform this Agreement, and doing so will not violate any other agreement to which Dealership is a party. Dealership is solely responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to its business operations in its respective jurisdiction.
5. Commercial Payment Terms, Fees, and Collections
5.1 Payment Obligations: In consideration of the Services provided, the Dealership shall pay the fees set forth in the mutually executed Master Service Agreement (MSA) or the then-current pricing schedule.
5.2 Proof of Concept (POC) Billing: Initial "Proof of Concept" service days are billed strictly as "Due on Receipt." Dealership agrees to remit payment immediately upon completion of the POC service via an approved credit card processing link.
5.3 Net 30 Terms & Late Penalties: Upon execution of a standard 6-month Master Service Agreement, the Dealership’s account will transition to Net 30 payment terms. Invoices must be paid in full within thirty (30) days of the invoice issuance date. BrushHour reserves the right to automatically assess a mandatory five percent (5%) late fee on the total outstanding balance for any payment not received by the deadline.
5.4 Payment Methods & Processing:
- Credit Cards: Payments made via credit card (excluding debit cards) will incur a mandatory, non-refundable third-party processing fee.
- Physical Checks: Dealerships may remit payment via physical check to avoid processing fees. Checks must be mailed to BrushHour's designated PO Box. On-site physical check pickups by BrushHour crews are strictly prohibited. The Dealership bears the sole risk of mail transit delays; physical checks must be received and deposited prior to the expiration of the Net 30 period to avoid the automatic 5% late fee.
5.5 Non-Refundable: All payments made to BrushHour in connection with commercial services are strictly non-refundable.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. BrushHour EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
7. Limitations of Liability
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BrushHour, ITS AFFILIATES, AND ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES OR BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THIS AGREEMENT, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO THE SERVICES IN EXCESS OF THREE TIMES THE MOST RECENT PAYMENT IN CONNECTION WITH THE SERVICES, IF ANY, OR $100, WHICHEVER AMOUNT IS GREATER.
BrushHour SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BrushHour'S REASONABLE CONTROL. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE COMMERCIAL AUTO RECONDITIONING SERVICES, BUT YOU AGREE THAT BrushHour HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND YOUR EXECUTED MASTER SERVICE AGREEMENT.
8. Confidentiality & Intellectual Property
Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party. Each party shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement, and shall return or destroy all Confidential Information of the disclosing party upon the termination of this Agreement.
We reserve all rights not expressly granted in this Agreement. The Scheduler Web App, our Platform, and all data gathered through our Platform, including all intellectual property rights therein, are and remain our property. You shall not license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the Platform.
9. Miscellaneous
9.1 Privacy Policy: By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy (available at: https://www.BrushHour.co/privacy).
9.2 Governing Law: Any claim under this Agreement or otherwise related to the Services or BrushHour shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions.
9.3 Arbitration: All disputes, claims, or controversies arising under this Agreement are exclusively governed by the NAM Arbitration Agreement outlined in Section 2 of these Terms.
9.4 Severability: If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified to render it enforceable and effective to the maximum extent possible to effect the intent of the provision.
9.5 Entire Agreement: You agree that this Agreement, your Master Service Agreement (MSA), and any terms, conditions, or other policies of BrushHour constitute the entire, complete, and exclusive agreement between you and us regarding the Services. If there is a conflict between the MSA and these Terms, the MSA will prevail with respect to the specific conflict.
9.6 Assignment: BrushHour may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without BrushHour’s prior written consent.
9.7 Waivers: Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
-
Dealership Plans
-
Terms of Service
<
>
$79/car
|
Most Popular
$149/carwas $190 a vehicle
Luxury MotorsportThe Luxury Motorsport is the exterior prep, sanitizing, and premium wax auto spa experience. Easily book and schedule your details, for quick turnaround. |
$209/car
|
Larger vehicles are twenty additional dollars
|
Larger vehicle fee waived!
|
Larger vehicle fee waived!
|
Most Popular |
||
FEATURES |
FEATURES |
FEATURES |
Protect Your Paint | Foam Wash |
Protect Your Paint | Foam Wash |
Protect Your Paint | Hand Wash |
Richly Shined Wheels | Tire Dressing |
Richly Shined Wheels | Tire Dressing |
Richly Shined Wheels | Tire Dressing |
Streak Free | Window Cleaning |
Streak Free | Window Cleaning |
Streak Free | Window Cleaning |
Remove Debris | Vacuum |
Remove Debris | Vacuum |
Remove Debris | Vacuum |
High Shine | Exterior Wax |
High Shine | Ceramic Spray |
F&I Shine Protection | Premium Ceramic Wax |
Aromatherapy | Air Freshener |
Aromatherapy | Air Freshener |
Deodorize | Carpet Freshener |
Remove Allergens | Vinyl Dusting |
Panel Scrub | Vinyl Cleaning + Conditioner |
Full Vinyl Cleaning + Conditioner |
✘ |
Remove Bacteria | Steam Clean |
Remove Bacteria | Steam Clean |
✘ |
Large Vehicle Fee Waived |
Large Vehicle Fee Waived |
✘ |
Light Wipe Down | Basic Seat Clean |
Remove Moderate Blemishes | Seat Cleaning |
- |
- |
-OR- |
✘ |
✘ |
Remove Moderate Stains | Carpet Shampoo |
✘ |
✘ |
Degrease | Engine Bay Detail |
Add-ons Available Odor Free | Scent Eliminator* ✘ |
Add-ons Available Odor Free | Scent Eliminator* ✘ |
Add-ons Available Odor Free | Scent Eliminator* Light Scratch Removal | Buff + Ceramic Wax* |
BrushHour
DEALERSHIP TERMS & CONDITIONS NOTICE
July 29, 2026
These terms of service constitute a legally binding agreement (the “Agreement”) between you and BrushHour Systems, LLC. (“BrushHour,” "BrushHour Systems, LLC.”, “we,” “us,” or “our”) governing your use of the BrushHour web app, website, and technology platform (collectively, the “BrushHour Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND BrushHour HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BrushHour TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A COMMERCIAL ENTITY, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED BELOW.
By entering into this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provision) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BrushHour PLATFORM.
1. Contractual Relationship
These Terms of Use ("Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the "Services") made available by BrushHour Systems, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "BrushHour"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BrushHour. In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. BrushHour may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BrushHour ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
BrushHour may amend the Terms from time to time. Amendments will be effective upon BrushHour's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If BrushHour changes these Terms after the date you first agreed to the Terms, you may reject any such change by providing BrushHour written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided by email from the email address associated with your Account to: [email protected]. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against BrushHour on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against BrushHour, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against BrushHour by someone else.
You and BrushHour agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and BrushHour, and not in a court of law.
You acknowledge and agree that you and BrushHour are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and BrushHour otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and BrushHour each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law:
The arbitration will be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures then in effect, except as modified by this Arbitration Agreement. NAM’s Rules are available at www.namadr.com.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement.
3. The Commercial Platform & License
The Services comprise BrushHour's commercial auto reconditioning technology platform, which enables authorized franchise dealerships to arrange and schedule commercial automotive detailing, ceramic application, and F&I preparation services. The Services are made available strictly for commercial B2B use by authorized franchise dealerships. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN CAR WASH, RECONDITIONING, AND/OR DETAILING SERVICES THROUGH THE USE OF THE SERVICES IS GOVERNED EXCLUSIVELY BY YOUR COMMERCIAL MASTER SERVICE AGREEMENT AND THESE TERMS.
Subject to your compliance with these Terms, BrushHour grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Applications solely in connection with your commercial use of the Services.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by BrushHour; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services.
4. General Commercial Terms
4.1 Commercial Dealership Scheduling and Minimums
- Full Day Exclusivity & The Daily Minimum: All commercial dealership service blocks are exclusively scheduled as "Full Days." To secure a Full Day booking, the Dealership must stage a volume of vehicles that equals a minimum aggregate service value of $600.00 USD (the "Daily Minimum"). Any combination of service tiers (e.g., Luxury Super Sport, Luxury Motorsport, Luxury Sport) may be utilized, provided the total invoiced amount meets or exceeds the Daily Minimum.
- Use It or Lose It Policy: BrushHour allocates crew availability and time blocks based strictly on the Dealership's scheduled booking. If the Dealership fails to stage sufficient vehicles, lacks available lot porters, or otherwise fails to provide access to the inventory necessary to meet the Daily Minimum upon the crew's scheduled arrival, BrushHour will invoice, and the Dealership legally agrees to pay, the full $600.00 Daily Minimum regardless of the number of vehicles actually serviced. There are no staging grace periods, and no partial cancellations are permitted.
- Strict Tier Boundaries: Dealership acknowledges and agrees to the following operational limitations per service tier:
- Luxury Super Sport (LSS - Heavy Recon): Heavy reconditioning is limited to Targeted Stain Remediation of EITHER carpets OR seats. Requests to remediate both carpets and seats in a single vehicle will trigger a mandatory, pre-authorized flat-fee upcharge. Includes Engine Bay Detail and F&I Protection Premium Ceramic Wax.
- Luxury Motorsport (LMS - F&I Prep): This tier is strictly limited to an exterior wash, ceramic spray application, and a light interior wipe-down. Engine bay detailing and heavy stain extraction are expressly excluded.
- Luxury Sport (LSp - Maintenance): Standard lot maintenance wash. Large vehicle fees are explicitly applied to this tier.
4.2 Dealership Lot Operations & Material Liability
- Lot Operations: Dealership porters are strictly required to operate and stage the vehicles within the designated service area immediately before and after BrushHour’s service. BrushHour personnel are not authorized to drive or move Dealership inventory across the commercial lot.
- Material Liability Waiver: While BrushHour utilizes industry-standard best practices, the Dealership acknowledges that standard engine bay degreasers and cleaning solvents may affect or degrade under-hood plastics and cosmetic components over extended periods of time or through repeated use. BrushHour expressly disclaims, and the Dealership waives, any and all liability for such degradation.
- Proprietary Weather Determinations: BrushHour utilizes a proprietary internal tracking system to monitor extreme weather conditions, including but not limited to, ambient temperatures below 27°F or above 89°F. BrushHour retains the sole, unilateral authority to declare a weather delay, reschedule a service block, or mandate the use of a two-car accessible indoor facility provided by the Dealership (which must include functioning water and electricity). The Dealership expressly waives the right to contest BrushHour’s weather determinations using third-party consumer weather applications.
- General Disclaimers: BrushHour personnel are not responsible for any misplaced or lost items in the vehicle. BrushHour requires that Dealerships remove any valuable items and large trash (larger than 2.5 inches) before service begins. BrushHour does not guarantee 100% stain removal, 100% bacteria removal, 100% odor removal, or 100% pet hair removal. For health and safety, we do not clean human or animal bodily fluids.
4.3 Compliance & Use Boundaries
The Services under this Agreement are exclusively for Commercial Use by authorized franchise dealerships. Services may not be combined with any consumer promotions or discounts. The Services may not be used for Non-Compatible Vehicles. “Non-Compatible Vehicles” means vehicles that are not compatible with the equipment at the BrushHour Service Location for any reason, including, without limitation, vehicles that (i) are incompatible by size, design or modification, or (ii) have accessories, trailers or other items attached to the vehicle that make the vehicle incompatible.
Dealership represents and warrants that it has full power and authority to enter into and perform this Agreement, and doing so will not violate any other agreement to which Dealership is a party. Dealership is solely responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to its business operations in its respective jurisdiction.
5. Commercial Payment Terms, Fees, and Collections
5.1 Payment Obligations: In consideration of the Services provided, the Dealership shall pay the fees set forth in the mutually executed Master Service Agreement (MSA) or the then-current pricing schedule.
5.2 Proof of Concept (POC) Billing: Initial "Proof of Concept" service days are billed strictly as "Due on Receipt." Dealership agrees to remit payment immediately upon completion of the POC service via an approved credit card processing link.
5.3 Net 30 Terms & Late Penalties: Upon execution of a standard 6-month Master Service Agreement, the Dealership’s account will transition to Net 30 payment terms. Invoices must be paid in full within thirty (30) days of the invoice issuance date. BrushHour reserves the right to automatically assess a mandatory five percent (5%) late fee on the total outstanding balance for any payment not received by the deadline.
5.4 Payment Methods & Processing:
- Credit Cards: Payments made via credit card (excluding debit cards) will incur a mandatory, non-refundable third-party processing fee.
- Physical Checks: Dealerships may remit payment via physical check to avoid processing fees. Checks must be mailed to BrushHour's designated PO Box. On-site physical check pickups by BrushHour crews are strictly prohibited. The Dealership bears the sole risk of mail transit delays; physical checks must be received and deposited prior to the expiration of the Net 30 period to avoid the automatic 5% late fee.
5.5 Non-Refundable: All payments made to BrushHour in connection with commercial services are strictly non-refundable.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. BrushHour EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
7. Limitations of Liability
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BrushHour, ITS AFFILIATES, AND ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES OR BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THIS AGREEMENT, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO THE SERVICES IN EXCESS OF THREE TIMES THE MOST RECENT PAYMENT IN CONNECTION WITH THE SERVICES, IF ANY, OR $100, WHICHEVER AMOUNT IS GREATER.
BrushHour SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BrushHour'S REASONABLE CONTROL. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE COMMERCIAL AUTO RECONDITIONING SERVICES, BUT YOU AGREE THAT BrushHour HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND YOUR EXECUTED MASTER SERVICE AGREEMENT.
8. Confidentiality & Intellectual Property
Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party. Each party shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement, and shall return or destroy all Confidential Information of the disclosing party upon the termination of this Agreement.
We reserve all rights not expressly granted in this Agreement. The Scheduler Web App, our Platform, and all data gathered through our Platform, including all intellectual property rights therein, are and remain our property. You shall not license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the Platform.
9. Miscellaneous
9.1 Privacy Policy: By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy (available at: https://www.BrushHour.co/privacy).
9.2 Governing Law: Any claim under this Agreement or otherwise related to the Services or BrushHour shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions.
9.3 Arbitration: All disputes, claims, or controversies arising under this Agreement are exclusively governed by the NAM Arbitration Agreement outlined in Section 2 of these Terms.
9.4 Severability: If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified to render it enforceable and effective to the maximum extent possible to effect the intent of the provision.
9.5 Entire Agreement: You agree that this Agreement, your Master Service Agreement (MSA), and any terms, conditions, or other policies of BrushHour constitute the entire, complete, and exclusive agreement between you and us regarding the Services. If there is a conflict between the MSA and these Terms, the MSA will prevail with respect to the specific conflict.
9.6 Assignment: BrushHour may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without BrushHour’s prior written consent.
9.7 Waivers: Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
DEALERSHIP TERMS & CONDITIONS NOTICE
July 29, 2026
These terms of service constitute a legally binding agreement (the “Agreement”) between you and BrushHour Systems, LLC. (“BrushHour,” "BrushHour Systems, LLC.”, “we,” “us,” or “our”) governing your use of the BrushHour web app, website, and technology platform (collectively, the “BrushHour Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND BrushHour HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BrushHour TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A COMMERCIAL ENTITY, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED BELOW.
By entering into this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provision) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BrushHour PLATFORM.
1. Contractual Relationship
These Terms of Use ("Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the "Services") made available by BrushHour Systems, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "BrushHour"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BrushHour. In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. BrushHour may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH BrushHour ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
BrushHour may amend the Terms from time to time. Amendments will be effective upon BrushHour's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If BrushHour changes these Terms after the date you first agreed to the Terms, you may reject any such change by providing BrushHour written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided by email from the email address associated with your Account to: [email protected]. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against BrushHour on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against BrushHour, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against BrushHour by someone else.
You and BrushHour agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and BrushHour, and not in a court of law.
You acknowledge and agree that you and BrushHour are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and BrushHour otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and BrushHour each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law:
The arbitration will be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures then in effect, except as modified by this Arbitration Agreement. NAM’s Rules are available at www.namadr.com.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement.
3. The Commercial Platform & License
The Services comprise BrushHour's commercial auto reconditioning technology platform, which enables authorized franchise dealerships to arrange and schedule commercial automotive detailing, ceramic application, and F&I preparation services. The Services are made available strictly for commercial B2B use by authorized franchise dealerships. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN CAR WASH, RECONDITIONING, AND/OR DETAILING SERVICES THROUGH THE USE OF THE SERVICES IS GOVERNED EXCLUSIVELY BY YOUR COMMERCIAL MASTER SERVICE AGREEMENT AND THESE TERMS.
Subject to your compliance with these Terms, BrushHour grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Applications solely in connection with your commercial use of the Services.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by BrushHour; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services.
4. General Commercial Terms
4.1 Commercial Dealership Scheduling and Minimums
- Full Day Exclusivity & The Daily Minimum: All commercial dealership service blocks are exclusively scheduled as "Full Days." To secure a Full Day booking, the Dealership must stage a volume of vehicles that equals a minimum aggregate service value of $600.00 USD (the "Daily Minimum"). Any combination of service tiers (e.g., Luxury Super Sport, Luxury Motorsport, Luxury Sport) may be utilized, provided the total invoiced amount meets or exceeds the Daily Minimum.
- Use It or Lose It Policy: BrushHour allocates crew availability and time blocks based strictly on the Dealership's scheduled booking. If the Dealership fails to stage sufficient vehicles, lacks available lot porters, or otherwise fails to provide access to the inventory necessary to meet the Daily Minimum upon the crew's scheduled arrival, BrushHour will invoice, and the Dealership legally agrees to pay, the full $600.00 Daily Minimum regardless of the number of vehicles actually serviced. There are no staging grace periods, and no partial cancellations are permitted.
- Strict Tier Boundaries: Dealership acknowledges and agrees to the following operational limitations per service tier:
- Luxury Super Sport (LSS - Heavy Recon): Heavy reconditioning is limited to Targeted Stain Remediation of EITHER carpets OR seats. Requests to remediate both carpets and seats in a single vehicle will trigger a mandatory, pre-authorized flat-fee upcharge. Includes Engine Bay Detail and F&I Protection Premium Ceramic Wax.
- Luxury Motorsport (LMS - F&I Prep): This tier is strictly limited to an exterior wash, ceramic spray application, and a light interior wipe-down. Engine bay detailing and heavy stain extraction are expressly excluded.
- Luxury Sport (LSp - Maintenance): Standard lot maintenance wash. Large vehicle fees are explicitly applied to this tier.
4.2 Dealership Lot Operations & Material Liability
- Lot Operations: Dealership porters are strictly required to operate and stage the vehicles within the designated service area immediately before and after BrushHour’s service. BrushHour personnel are not authorized to drive or move Dealership inventory across the commercial lot.
- Material Liability Waiver: While BrushHour utilizes industry-standard best practices, the Dealership acknowledges that standard engine bay degreasers and cleaning solvents may affect or degrade under-hood plastics and cosmetic components over extended periods of time or through repeated use. BrushHour expressly disclaims, and the Dealership waives, any and all liability for such degradation.
- Proprietary Weather Determinations: BrushHour utilizes a proprietary internal tracking system to monitor extreme weather conditions, including but not limited to, ambient temperatures below 27°F or above 89°F. BrushHour retains the sole, unilateral authority to declare a weather delay, reschedule a service block, or mandate the use of a two-car accessible indoor facility provided by the Dealership (which must include functioning water and electricity). The Dealership expressly waives the right to contest BrushHour’s weather determinations using third-party consumer weather applications.
- General Disclaimers: BrushHour personnel are not responsible for any misplaced or lost items in the vehicle. BrushHour requires that Dealerships remove any valuable items and large trash (larger than 2.5 inches) before service begins. BrushHour does not guarantee 100% stain removal, 100% bacteria removal, 100% odor removal, or 100% pet hair removal. For health and safety, we do not clean human or animal bodily fluids.
4.3 Compliance & Use Boundaries
The Services under this Agreement are exclusively for Commercial Use by authorized franchise dealerships. Services may not be combined with any consumer promotions or discounts. The Services may not be used for Non-Compatible Vehicles. “Non-Compatible Vehicles” means vehicles that are not compatible with the equipment at the BrushHour Service Location for any reason, including, without limitation, vehicles that (i) are incompatible by size, design or modification, or (ii) have accessories, trailers or other items attached to the vehicle that make the vehicle incompatible.
Dealership represents and warrants that it has full power and authority to enter into and perform this Agreement, and doing so will not violate any other agreement to which Dealership is a party. Dealership is solely responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to its business operations in its respective jurisdiction.
5. Commercial Payment Terms, Fees, and Collections
5.1 Payment Obligations: In consideration of the Services provided, the Dealership shall pay the fees set forth in the mutually executed Master Service Agreement (MSA) or the then-current pricing schedule.
5.2 Proof of Concept (POC) Billing: Initial "Proof of Concept" service days are billed strictly as "Due on Receipt." Dealership agrees to remit payment immediately upon completion of the POC service via an approved credit card processing link.
5.3 Net 30 Terms & Late Penalties: Upon execution of a standard 6-month Master Service Agreement, the Dealership’s account will transition to Net 30 payment terms. Invoices must be paid in full within thirty (30) days of the invoice issuance date. BrushHour reserves the right to automatically assess a mandatory five percent (5%) late fee on the total outstanding balance for any payment not received by the deadline.
5.4 Payment Methods & Processing:
- Credit Cards: Payments made via credit card (excluding debit cards) will incur a mandatory, non-refundable third-party processing fee.
- Physical Checks: Dealerships may remit payment via physical check to avoid processing fees. Checks must be mailed to BrushHour's designated PO Box. On-site physical check pickups by BrushHour crews are strictly prohibited. The Dealership bears the sole risk of mail transit delays; physical checks must be received and deposited prior to the expiration of the Net 30 period to avoid the automatic 5% late fee.
5.5 Non-Refundable: All payments made to BrushHour in connection with commercial services are strictly non-refundable.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. BrushHour EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
7. Limitations of Liability
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BrushHour, ITS AFFILIATES, AND ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES OR BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THIS AGREEMENT, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO THE SERVICES IN EXCESS OF THREE TIMES THE MOST RECENT PAYMENT IN CONNECTION WITH THE SERVICES, IF ANY, OR $100, WHICHEVER AMOUNT IS GREATER.
BrushHour SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BrushHour'S REASONABLE CONTROL. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE COMMERCIAL AUTO RECONDITIONING SERVICES, BUT YOU AGREE THAT BrushHour HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND YOUR EXECUTED MASTER SERVICE AGREEMENT.
8. Confidentiality & Intellectual Property
Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party. Each party shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement, and shall return or destroy all Confidential Information of the disclosing party upon the termination of this Agreement.
We reserve all rights not expressly granted in this Agreement. The Scheduler Web App, our Platform, and all data gathered through our Platform, including all intellectual property rights therein, are and remain our property. You shall not license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the Platform.
9. Miscellaneous
9.1 Privacy Policy: By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy (available at: https://www.BrushHour.co/privacy).
9.2 Governing Law: Any claim under this Agreement or otherwise related to the Services or BrushHour shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions.
9.3 Arbitration: All disputes, claims, or controversies arising under this Agreement are exclusively governed by the NAM Arbitration Agreement outlined in Section 2 of these Terms.
9.4 Severability: If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified to render it enforceable and effective to the maximum extent possible to effect the intent of the provision.
9.5 Entire Agreement: You agree that this Agreement, your Master Service Agreement (MSA), and any terms, conditions, or other policies of BrushHour constitute the entire, complete, and exclusive agreement between you and us regarding the Services. If there is a conflict between the MSA and these Terms, the MSA will prevail with respect to the specific conflict.
9.6 Assignment: BrushHour may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without BrushHour’s prior written consent.
9.7 Waivers: Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.