Sparkle Car Wash – Legal Agreement

This page contains the legal terms for Sparkle Car Wash, including the End User License Agreement, Terms of Service, Privacy Policy, Vendor Service Agreement, and dispute resolution terms.

Operator: Skyotechs LLC
Address: 221 River St., Hoboken, NJ 07030
Effective Date: 2/14/21

Introduction

This Legal Agreement (“Agreement”) governs access to and use of the Sparkle Car Wash mobile application, website, and related services (collectively, the “Platform” or “App”), operated by Skyotechs LLC, located at 221 River St., Hoboken, NJ 07030 (“Sparkle,” “Company,” “we,” “us,” or “our”).

By accessing, downloading, creating an account, browsing, requesting services through, offering services through, or otherwise using the Platform, you agree to be legally bound by this Agreement.

If you do not agree, you must not use the Platform.

1. End User License Agreement (EULA)

1.1 License Grant

Subject to your compliance with this Agreement, Skyotechs LLC grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Sparkle Car Wash App for your personal, non-commercial use as a user or vendor of the Platform.

1.2 Restrictions

1.3 Ownership

The Platform, App, design, branding, content, code, software, trademarks, workflows, and related intellectual property are and remain the exclusive property of Skyotechs LLC and its licensors.

1.4 No Warranty

THE APP AND PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF merchantability, fitness for a particular purpose, non-infringement, availability, reliability, or uninterrupted service.

1.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKYOTECHS LLC SHALL NOT BE LIABLE FOR ANY indirect, incidental, consequential, punitive, exemplary, or special damages arising out of or relating to your use of the App or Platform.

1.6 Liability Cap

To the fullest extent permitted by law, the total cumulative liability of Skyotechs LLC arising out of or relating to the App, Platform, or this Agreement shall not exceed the greater of:

1.7 Apple / Google Disclaimer

If the App is downloaded through Apple App Store or Google Play, you acknowledge that Apple and Google are not parties to this Agreement, are not responsible for maintenance or support, and any claims relating to the App must be directed solely to Skyotechs LLC.

1.8 Suspension / Termination

We may suspend, restrict, deactivate, or terminate your access to the App at any time, with or without notice, for any reason, including suspected fraud, unsafe conduct, abuse, misuse, or legal/compliance concerns.

2. General Terms of Service

2.1 Marketplace Only

Sparkle Car Wash is a technology marketplace platform only. Sparkle does not provide car wash services, does not employ washers, does not supervise or control service performance, does not guarantee service completion, and is not a party to the service transaction between users and vendors.

2.2 Independent Contractors

All car washers / vendors using the Platform are independent contractors and are not employees, agents, joint venturers, franchisees, or partners of Skyotechs LLC.

2.3 No Payment Processing / No Refund Responsibility

Unless expressly stated otherwise in writing, Sparkle does not process payments, hold funds, issue refunds, or act as a payment intermediary between users and vendors. All pricing, payment arrangements, refunds, disputes, and collection issues are strictly between the user and vendor.

2.4 No Service Guarantee

Sparkle does not guarantee service quality, timeliness, cleanliness results, vendor attendance, vendor professionalism, property protection, or customer satisfaction.

2.5 Property / Vehicle / Safety Disclaimer

By using the Platform, you acknowledge that in-person services involving vehicles, equipment, chemicals, water, and physical presence may involve risk. Sparkle disclaims all liability arising from or relating to property damage, vehicle damage, scratches, paint issues, interior damage, personal injury, slip/fall incidents, theft, trespass claims, unsafe premises, unsafe vendor conduct, unsafe user conduct, chemical exposure, or any other service-related incident.

2.6 User Responsibilities

2.7 Reviews and Ratings

Users and vendors may submit ratings, reviews, and feedback. You agree not to post reviews that are false, defamatory, abusive, retaliatory, harassing, misleading, or unlawful. Sparkle does not guarantee the accuracy, truthfulness, or fairness of any review or rating.

2.8 Assumption of Risk

You voluntarily assume all risks arising from your interactions with other users and vendors, including in-person service interactions, vehicle access, scheduling, and communications.

2.9 Force Majeure

Sparkle shall not be liable for any delay, failure, cancellation, interruption, or inability to provide access to the Platform resulting from events beyond its reasonable control, including weather, flooding, cyberattacks, app outages, telecommunications failures, infrastructure failures, vendor unavailability, strikes, acts of God, or governmental actions.

3. Privacy Policy

3.1 Operator

Sparkle Car Wash is operated by Skyotechs LLC, 221 River St., Hoboken, NJ 07030.

3.2 Information We Collect – Users

3.3 Information We Collect – Vendors

3.4 Location Data

Precise GPS location is used to facilitate service matching, location confirmation, and active service requests. Location data may be collected while the app is in use, during active requests, and as otherwise disclosed in device permission settings. If you disable location access, certain core functionality may not work.

3.5 Data Storage & Security

Data may be stored using third-party hosting, infrastructure, database, analytics, and software providers, including cloud-hosted database services. While we use commercially reasonable safeguards, no method of transmission or storage is 100% secure, and we do not guarantee absolute security.

3.6 No Sale of Data

Sparkle does not sell personal information to third parties for monetary consideration.

3.7 Data Sharing

3.8 Data Retention

We retain data for as long as reasonably necessary to operate the Platform, maintain records, resolve disputes, enforce agreements, comply with law, and investigate fraud or safety concerns.

3.9 Data Deletion

Users and vendors may request account deletion, subject to legal retention obligations, fraud prevention needs, dispute resolution, and business recordkeeping requirements.

3.10 Children / Age Restriction

Sparkle Car Wash is intended only for users who are at least 16 years old. No person under age 16 may use the Platform.

3.11 Governing Law

This Privacy Policy shall be governed by the laws of the State of New Jersey.

4. Vendor Service Agreement

4.1 Independent Contractor Status

Vendors are independent contractors and are not employees, agents, or representatives of Skyotechs LLC. Nothing in this Agreement creates employment, agency, joint venture, franchise, partnership, or fiduciary relationship.

4.2 Vendor Responsibilities

4.3 Vendor Insurance / Legal Compliance

Vendors are solely responsible for maintaining any insurance, licenses, permits, registrations, or legal authorizations required by applicable law or by the nature of the services they perform. Sparkle does not guarantee or verify ongoing legal compliance by vendors.

4.4 Background Checks / Screening Disclaimer

If Sparkle uses or references screening, verification, or background-check-related information, such information is provided solely for platform safety and screening purposes and does not constitute a guarantee of safety, trustworthiness, competence, or future conduct.

4.5 Payments

Unless otherwise stated in writing, vendors are solely responsible for collecting payment, handling refunds, resolving payment disputes, and addressing chargebacks or collection issues.

4.6 Vendor Assumption of Risk

Vendors acknowledge and assume all risks arising from traveling to user locations, entering private or public property, using equipment and chemicals, interacting with users, and performing services.

4.7 Indemnification

Vendors agree to defend, indemnify, and hold harmless Skyotechs LLC and its owners, officers, affiliates, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including attorneys’ fees) arising from or relating to vendor conduct, vendor negligence, vendor omissions, vendor service performance, damage claims, injury claims, property claims, employment claims, tax claims, regulatory violations, or disputes with users.

4.8 Suspension / Removal

Sparkle may suspend, restrict, deactivate, or permanently remove vendors from the Platform at any time, with or without notice, for any reason, including safety concerns, fraud, complaints, legal risk, or suspected policy violations.

4.9 No Earnings Guarantee

Sparkle makes no guarantee regarding vendor earnings, demand, request volume, bookings, tips, profitability, or continued platform access.

5. Dispute Resolution / Arbitration / Class Action Waiver

5.1 Binding Arbitration

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to the App, the Platform, this Agreement, any vendor relationship, any user-vendor interaction, any account issue, any privacy issue, any service-related dispute, or any platform-related claim shall be resolved exclusively by binding individual arbitration.

5.2 Arbitration Forum

Arbitration shall be conducted in the State of New Jersey by a single arbitrator under the rules of the American Arbitration Association (AAA).

5.3 Class Action Waiver

You waive any right to participate in class actions, collective actions, representative actions, mass arbitrations, or jury trials.

5.4 Attorneys’ Fees

Each party shall bear its own legal fees and costs unless otherwise required by law or awarded by the arbitrator.

6. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.

7. Entire Agreement

This Agreement constitutes the entire agreement between you and Skyotechs LLC regarding Sparkle Car Wash and supersedes all prior or contemporaneous discussions, understandings, representations, and agreements, whether written or oral.