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 vehicle services (the “Services,” as more fully defined below) made available to you in the United States and its territories and possessions by Cox Automotive Mobility Solutions, Inc., a Delaware corporation, and its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively, “Cox Automotive”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND COX AUTOMOTIVE. 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. Cox Automotive 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.

When using the features of the Services you are subject to any agreements, policies or guidelines applicable to such features that may be posted from time to time. All such agreements, policies or guidelines, including the Privacy Policy and the Cox Automotive Services Agreement (as applicable) are hereby incorporated by reference into these Terms. For clarity, if you have an existing services Agreement with Cox Automotive and the terms and conditions of that existing services agreement conflict with these Terms, the term and conditions of your existing services agreement shall control.

Services. Cox Automotive and/or certain service partners providing services on behalf of Cox Automotive (each a “Service Partner”) shall provide mobile cleaning, disinfecting, preventative maintenance or repair services (the “Services”) for vehicles at the expense of the vehicle owner, fleet operator or driver of such vehicles (collectively “you” or the “Customer” as used herein) as set forth in more detail in Exhibit A and as further governed by the CAI Services Agreement referenced above.

Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use and to access and use this application to schedule the Services following the set-up of an account as set forth below.

To use this application to schedule your Services, you need to set up an account with Cox Automotive to permit you to access the scheduling, tracking and communication features of this application.

When you create an account, we collect registration-related information, which includes your name (and business name), email address, phone number, location, and payment information (which shall be processed and stored by Stripe, as further described herein). For so long as you use the account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this application, whether directly or through any account that you may set up through or on this application. You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this application.

You shall use your account to schedule Services and make appointments, track your service provider, communicate with your service provider and pay for all applicable Services.

All information is protected in accordance with our Privacy Policy.

Communications.

Except where prohibited by law, you hereby expressly authorize Cox Automotive to communicate with you via email, landline or cell/ mobile phone, including text messages or push notifications, using an automatic telephone dialing system or an artificial or prerecorded voice message, and/ or any other forms of communication or technology now known or created in the future, for any purpose, including general business matters, account information, marketing, collection, and/ or any other communication needs. Such express permission will extend to any and all of the contact information, including physical and email addresses, phone numbers, and to such other addresses, phone numbers, email addresses, online chat, social media platforms, etc., that you may provide to us, or that we may obtain from any third party at any time. You are not required to consent to receive marketing call, texts or push notifications to your cell phone and/ or residential phone using an automatic telephone dialing system or an artificial or prerecorded voice message from Cox Automotive as a condition of your access to Cox Automotive Mobility services and you may opt out of receiving such communications by notifying Cox Automotive Mobility Solutions, Inc. through your account.

Price; Payment; Refunds.

(a) The price for the Services shall be set by Cox Automotive on the day which Services are performed, as further described in Exhibit A.

(b) Payment. Your payment is due at the time the Services are rendered, for any Services being performed by Cox Automotive. Cox Automotive may refuse to render any Services if payment has not been made satisfactorily and may refuse future Services to any customer whose payment history includes deficiencies.

If you miss any scheduled appointment with no notice and/or cancel with less than 24 hour prior notice, you shall be required to pay the applicable Dispatch Fee in addition to any other fees incurred by Cox Automotive in preparation to provide the Services.
If you cancel the appointment within the application at least 24 hours prior to the applicable appointment, you shall receive a message prompting you to reschedule your Service appointment but shall incur no additional penalties.

You shall pay for your Services using the Cox Automotive Mobility Fleet Services iOS or Android mobile application, located in the Apple App Store or Google Play Store. You acknowledge and agree that a third party service provider known as Stripe Inc. (“Stripe”) will be used for payment processing and related functions and you agree to comply with Stripe terms and conditions set forth in this link (https://stripe.com/us/connect-account/legal). You acknowledge and understand that Cox Automotive does not store, process or retain any of your cardholder information or data, which are functions performed solely by Stripe utilizing its own PCI-compliant system that is integrated into this application.

(c) All payments shall be non-refundable.

Representations and Warranties; Disclaimers.

Cox Automotive represents and warrants to Customer that (a) it is a corporation duly organized, validly existing and in good standing under the Laws of the State of Delaware, and has and shall maintain the power and authority to enter into this Agreement and to undertake its obligations hereunder, in each case without the consent of any other person or entity; (b) it is not a party to any contract or other agreement that would prohibit or restrict it from performing its obligations under this Agreement; and (c) it will comply with all applicable laws, rules, regulations, ordinances and other decrees imposed by any governmental authority (“Laws”) in connection with the performance of its obligations under this Agreement.

Customer represents and warrants to Cox Automotive that (a) it is a corporation or limited liability company duly organized, validly existing and in good standing under the Laws of the state of its incorporation or formation, and has and shall maintain the power and authority to enter into these Terms and to undertake its obligations hereunder and thereunder, in each case without the consent of any other person or entity; (b) it is not a party to any contract or other agreement that would prohibit or restrict it from performing its obligations under these Terms; and (c) it has all the rights, licenses and permission to provide it will comply with all Laws in connection with its participation in the Program and its receipt of any services hereunder, and in connection with the purchase and any subsequent resale of the Vehicles.

Cox Automotive hereby warrants all services performed by Cox Automotive by against defects in workmanship for the lesser of 90 days or 5,000 miles from date of completion of service or repair, whichever comes first. This warranty will cover the labor hours resulting from failures that are caused solely as a result of the workmanship of CAI employees. THE FOREGOING WARRANTY SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED BY Cox Automotive. Warranty for products or parts will be limited to the warranty extended to Cox Automotive by the manufacturer of the defective/failed product or part. Under circumstances where Customer provides any parts for the repairs performed by Customer, and a product or part supplied by Customer is defective and/or fails, Cox Automotive shall not be responsible and/or liable for any loss, damage or cost resulting from the defective and/or failed product or part and Customer shall release, indemnify and hold harmless Cox Automotive from any and all Claims arising therefrom, including, but not limited to, any claims by Cox Automotive for lost profits and/or consequential damages or any claims by third-parties resulting from Customer’s operation of the vehicle in question. The foregoing warranty is the only warranty made by Cox Automotive. Customer’s sole and exclusive remedy and Cox Automotive’s sole and exclusive obligation for a breach of any warranty shall be for Cox Automotive to re-perform the services, repair or replace the product(s) or part(s).

DISCLAIMERS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER COX AUTOMOTIVE NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATION OR WARRANTY TO CUSTOMER WITH RESPECT TO THE SERVICES OR ANY VEHICLE RECEIVING SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF SUITABILITY, MERCHANTABILITY OR FITNESS

FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY SERVICES THAT MAY BE PROVIDED HEREUNDER OR ANY OTHER REPRESENTATION OR WARRANTY OF ANY TYPE OR NATURE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CUSTOMER ACKNOWLEDGES AND AGREES THAT COX AUTOMOTIVE MAY USE OR RECOMMEND CERTAIN AFFILIATES OF COX AUTOMOTIVE TO PROVIDE SERVICES TO CUSTOMER.

Confidentiality.
(a) Confidentiality Obligations. The party receiving the information (the “Receiving Party”) agrees not to use any Confidential Information of the party disclosing the Confidential Information (the ”Disclosing Party”) for any purpose outside the scope of the services set forth in the applicable Order Form, and (except as otherwise authorized by the Disclosing Party in writing) disclose Confidential Information of the Disclosing Party only to its Personnel who need to know such information for purposes of fulfilling such Party’s obligations or exercising such Party’s rights relating to the services set forth in the applicable Order Form. The Receiving Party will keep the Confidential Information of the Disclosing Party confidential and secure, and protect it from unauthorized use or disclosure, by using at least the same degree of care as the Receiving Party employs to protect its own Confidential Information, but in no event less than reasonable care.

(b) Compelled Disclosure. If the Receiving Party becomes legally compelled to disclose any Confidential Information of the Disclosing Party in a manner not otherwise permitted by These Terms, the Receiving Party will inform the Disclosing Party of the request with a prompt Legal Notice so that the Disclosing Party may seek a protective order or other appropriate remedy. If a protective order or similar order is not obtained by the date by which the Receiving Party must comply with the request, the Receiving Party may furnish that portion of the Confidential Information that it reasonably determines it is legally required to furnish. The Receiving Party will exercise reasonable efforts to obtain assurances that confidential treatment will be afforded to the Confidential Information so disclosed. This Section will survive any termination of These Terms.

(c) Injunctive Relief. Each Receiving Party acknowledges and agrees that the wrongful disclosure of any Confidential Information of the Disclosing Party may cause irreparable injury to such Party and its applicable Affiliates, and that remedies other than injunctive relief may be insufficient. Accordingly, the Disclosing Party will have the right to seek equitable and other injunctive relief to prevent any wrongful disclosure of any of its Confidential Information, as well as such damages and other relief to which such Party or its Affiliates may be entitled.

(d) No Implied Rights. Each Party’s Confidential Information will remain the property of that Party. Nothing contained in this Section will be construed as obligating a Party to disclose its Confidential Information to the other Party, or as granting to or conferring on a Party any implied rights or license to the Confidential Information of the other Party.

(e) “Confidential Information” means all information or materials provided or otherwise disclosed by or on behalf of Disclosing Party to the Receiving Party, whether orally or in writing, that are designated as confidential or that reasonably should be understood to be confidential, given the nature of the information disclosed and the circumstances of disclosure. In each case, as applicable, (a) Cox Automotive’s Confidential Information includes the Services and all information and materials related thereto, and any pricing information relating to the Services) or any other aspect of the business or operations of Cox Automotive or its affiliates, including any information or materials relating to the operations, customers, contractors, distributors, or marketing plans of Cox Automotive or its affiliates; and (b) Cox Automotive’s Confidential Information includes Cox Automotive data derived from the services. Notwithstanding the foregoing, Confidential Information does not include information that: (1) is or becomes generally available to the public other than as a result of a wrongful disclosure by the Receiving Party; (2) was rightfully in the possession of, or was rightfully known by the Receiving Party without an obligation to maintain its confidentiality prior to receipt from the Disclosing Party; (3) becomes available to the Receiving Party on a non-confidential basis from a source which is not, to the Receiving Party’s knowledge, prohibited from disclosing such information; (4) is developed independently by the Receiving Party; or (5) was generally made available to Third Parties by the Disclosing Party without restrictions similar to those imposed under These Terms.

Indemnification.

(b) You will indemnify and defend Cox Automotive and its affiliates against any damages, losses, costs and expenses (including reasonable attorneys’ fees, court costs, settlement costs and awarded amounts) incurred in connection with any Third Party claim to the extent that such claim arises from (a) any use of or access to any Cox Automotive Services, (b) any claim by a third party client or customer of any Cox Automotive Customer, employee of any Cox Automotive Customer, or any other driver, operator, or rider of any vehicle, (c) any claim with respect to the willful misconduct or gross negligence of any Customer or any owner of a vehicle if such owner is not the Customer, and (d) any claim arising out of or related to Cox Automotive’s access to the vehicle, your property, facilities or otherwise related to your real or personal property.

Limitation of Liability. IN NO EVENT SHALL COX AUTOMOTIVE ITS AFFILIATES OR ANY APPLICABLE SERVICE PROVIDER BE LIABLE TO YOU FOR (A) ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ONE OR BOTH PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DAMAGES THAT EXCEED $10,000.00. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS OF LIABILITY.

Choice of Law.

These Terms are governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Georgians to assert claims under Georgia law whether that be by statute, common law, or otherwise. These provisions are only intended to specify the use of Georgia law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Georgia law to you if you do not otherwise reside in Georgia.

Notice.
Cox Automotive may give notice by means of a general notice on the Services, electronic mail to your email address provided by you upon payment, or telephone or text message to any phone number provided in connection with your Services, or by written communication sent by first class mail or pre-paid post to any address connected with your Services. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Cox Automotive, with such notice deemed given when received by Cox Automotive, at any time by first class mail or pre-paid post to Cox Automotive, LLC, 6205 Peachtree Dunwoody Road, Atlanta, Georgia 30328, Attention: Legal Department.

You hereby agree that Cox Automotive is not liable to you for any claims related to or arising from the Services performed by any third-party on behalf of either Cox Automotive or you under this Agreement. This includes, but is not limited to, any repair, towing or disposal services provided by a third-party on behalf of Cox Automotive and/or Customer under this Agreement. You hereby specifically agrees that Cox Automotive is not responsible to supervise and/or inspect any work performed by third-parties on behalf of Cox Automotive or you pursuant to these Terms. In the event a third-party provides any warranty for the services performed by such third-party on behalf of Cox Automotive and/or Customer under this Agreement, the warranty for such services will consist of such warranty provided by such third-party. The limited warranty provided above in these Terms does not apply to Services performed by a third-party on behalf of Cox Automotive and/or Customer under these Terms, provided however, Cox Automotive shall pass through any applicable third party warranties to you.
Cox Automotive shall not be responsible for delays in delivery or Services to Customer due to fire, flood, tornado, earthquake, war, riot, insurrection, strike, lockout, slowdown, epidemic, pandemic, quarantine, restriction, delay in transportation, car shortage, labor shortage, delays of shop/facilities, Service Partners, boycott, embargo or any act or regulation of the government, or government authority, force majeure and other contingencies beyond Cox Automotive control resulting in the impossibility or performance of Cox Automotive’ s duties and obligations hereunder. Further, Cox Automotive shall not be liable for any loss or damage resulting from delays in receipt or instructions from Customer, changes in requested Services by Customer or other causes beyond Cox Automotive’ s reasonable control.

General.
You may not assign these Terms without Cox Automotive’s prior written approval. Cox Automotive may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Cox Automotive’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Cox Automotive’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cox Automotive in writing. These Terms (together with the Privacy Policy and any Cox Automotive Service Agreement, if applicable), constitutes the complete and exclusive agreement of the parties and supersedes all prior proposals and agreements between the parties, in each case with respect to the subject matter hereof. This Agreement may not be amended or modified by Customer without written consent from Cox Automotive.

Exhibit A Services
1. Overview of Services: All Cox Automotive offerings can be found in the table under Exhibit B.
2. Detailed Services, Requirements, and Performance Measurements: The Customer will give Cox Automotive adequate access and grant necessary authority to conduct fixed/mobile car wash, sanitization, detailing and preventative maintenance services on the Customer’s site and/or Customer’s designated place. Cox Automotive will perform said services on a mutually agreed upon date and service window as reserved by the Customer using the Cox Automotive Mobility Fleet Services iOS or Android mobile application. Additionally, it is the Customer’s sole responsibility to move and relocate their vehicles in order for the Cox Automotive technician team to be able to safely and efficiently service the Customer’s vehicle and/or fleet. If work is performed outdoors in a mobile capacity and there is inclement weather, Customer shall have a safe place indoors to complete work.

3. Fees:

4. Fees For Ancillary Services: No additional ancillary services will be provided.
5. The areas of the vehicle to be serviced is outlined in Exhibit B. If Vehicle Disinfection Services are performed, Cox Automotive will provide a vehicle antimicrobial disinfection process for hard and soft surfaces as well as ventilation using an EPA-registered and approved microbial product designed to kill up to 99.9% of germs, bacteria, mold, mildew and emerging viruses. This treat also protects the surfaces treated inhibiting the growth of harmful germs for up to 30 days post-treatment.
6. The disinfection service is not a service designed for rapid response to any immediate haz-mat situation. In special cases, Cox Automotive will consider servicing vehicles with a known COVID exposure after 72 hours of vehicle isolation at customer’s request. Additional charges may apply and will require customer’s approval in writing.

Exhibit B
Cleaning and Disinfectant Service

Fleet Clean
Exterior: body, wheels and glass. Interior: de-trash and interior vacuum (floor, seats & trunk). For added safety, this product also includes our premier PureProtect Vehicle Disinfection at no additional cost. The one step application sanitizes, disinfects and protects the entire vehicle, including the interior cabin, A/C ventilation system, trunk and cargo area.

Premium Wash & Vac
Exterior: body, wheels, door jambs and glass. Interior: de-trash, interior vacuum (floor, seats & trunk), hard surface wipe down (dash, cupholders, door pockets) and interior glass. For added safety, this product also includes our premier PureProtect Vehicle Disinfection at no additional cost. The one step application sanitizes, disinfects and protects the entire vehicle, including the interior cabin, A/C ventilation system, trunk and cargo area.

Value Detail (Full)
Exterior: body, wheels, dress tires, door jambs, wheel well and glass. Interior: de-trash, interior vacuum (floor, seats & trunk), hard surface wipe down (dash, cupholders, door pockets), shampoo/remove stains (carpets, seats & floor mats, interior fragrance and interior glass. For added safety, this product also includes our premier PureProtect Vehicle Disinfection at no additional cost. The one step application sanitizes, disinfects and protects the entire vehicle, including the interior cabin, A/C ventilation system, trunk and cargo area.

Cleaning and Disinfectant – Add-on Services

PureProtect 365 (Odor/Smoke Removal)
Our PureProtectTM 365 application sanitizes, disinfects and protects the entire vehicle, including the interior cabin, A/C ventilation system, trunk and cargo areas. And with an added guarantee, if you notice any odor within the first year, we’ll re-treat your vehicle at no cost.

Rain-X (winshield glass) – Rain-X treatment for your windshield, effectively helping to repel rain, sleet and snow to improve wet and inclement weather driving visibility.

Excessive Trash Removal – May be assessed and charged by technician at the time of service if vehicle condition warrants for said category.

Heavy Pet Hair Removal – May be assessed and charged by technician at the time of service if vehicle condition warrants for said category.

Seat Stain Removal – Per Seat – May be assessed and charged by technician at the time of service if vehicle condition warrants for said category.

Smoke/Standard Odor Removal – May be assessed and charged by technician at the time of service if vehicle condition warrants for said category.

Heavy Soiled Premium
In the case where a vehicle is excessively soiled because of use or it has not been detailed in some time, a heavy soiled premium may be applied to complete the processes required to return the vehicle back to a condition where routine service may resume going forward. May be assessed and charged by technician at the time of service if vehicle condition warrants for said category.

Preventative Maintenance Services
Oil Change (US) – Oil service includes a complete drain, filter replacement and refill of Synthetic synthetic oil, based on your vehicle’s needs.

Oil Change (European) – Synthetic – Oil service includes a complete drain, filter replacement and refill of synthetic oil, based on your vehicle’s needs.

Tire Services
Mount and balance two (2) tires – Two (2) tire mount and balance service
Mount and balance four (4) tires – Four (4) tire mount and balance service 

Preventative Maintenance and Tire – Add-on Services
Replace Air Filter – Engine air filter replacement, including the removal of the old filter and installation of model-correct filter for your vehicle.

Cabin Air Filter – Cabin air filter replacement, including the removal of the old filter and installation of model-correct filter for your vehicle.

Wiper blade replacement – Wiper blade replacement, including the removal of old blades and installation of model-correct blades for your vehicle.

Rain-X (winshield glass) – Rain-X treatment for your windshield, effectively helping to repel rain, sleet and snow to improve wet and inclement weather driving visibility.

Windshield Chip Repair – Repair for minor chip or crack in your windshield.

Battery Replacement – Battery replacement, including the removal of old battery and installation of model-correct battery for your vehicle.

Destination Fees 

Destination Fee – One-way fee charged to every booking to dispatch mobile unit to your location.

RK FLEET PRODUCT NAME Vehicle Disinfection Service Areas Described 

Interior – Disinfection

Hard Surfaces – To include: all windows, rearview mirror, sun roof, door handles, panels, switches, steering wheel, instrument cluster, air vents, climate control panel, gear shift, hand brake, cup holder, arm rests, center consoles, glovebox

Soft Surfaces – To include: upholstered and leather surfaces; seats, headliner, floor mats 

Trunk – Trunk & Molding

Exterior – Disinfection

Hard Surfaces – To include: door handles, trunk handle