Welcome to DETAIL AUTO CARE INC. ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website located at https://detailautocare.eratel.ca/ (the "Site") and our toll-free SMS messaging services and related offerings (collectively, the "Services").
By accessing our Site, requesting our Services, or executing a Service Agreement with us, you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to all of these Terms, you must not access the Site or use our Services.
DESCRIPTION OF SERVICE
DETAIL AUTO CARE INC. provides toll-free SMS messaging services for businesses, including, but not limited to:
- SMS-based reminders, updates, or notifications
- Automated text message campaigns - SMS compliance for A2P 10 DLC messaging and toll-free number verification - Communication services through toll-free numbers - Customer support and service-related messaging
The specific scope of Services provided to you will be detailed in a separate Service Agreement or Statement of Work, which, upon execution, is incorporated into these Terms by reference.
USER RESPONSIBILITIES AND ACCOUNT SECURITY
To utilize our Services, you must provide accurate and complete information necessary for us to perform the Services. You are responsible for:
- Accurate Information: Providing complete, accurate, and timely submission of all information necessary for toll-free number verification, messaging compliance, and related services. - Credentials: Maintaining the security and confidentiality of any login credentials provided to you for our systems. - Compliance: Ensuring that your use of our Services and the data you provide complies with all applicable laws, regulations, and policies, including but not limited to A2P 10 DLC compliance, telecom regulations, and anti-spam requirements. - Cooperation: Cooperating with us in a timely manner to resolve any service-related issues or inquiries.
PAYMENT TERMS
Fees for our Services will be outlined in your Service Agreement. Typically, our compensation is based on a monthly subscription fee or a fee per message sent. Invoices for our fees, if applicable, are due upon receipt. We reserve the right to suspend or terminate Services for non-payment of undisputed fees.
INTELLECTUAL PROPERTY
All intellectual property rights in our Site, Services, processes, methodologies, and reporting templates (the "Company IP") are and will remain the exclusive property of DETAIL AUTO CARE INC. and its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Company IP solely in connection with your use of the Services during the term of your Service Agreement. You may not copy, modify, distribute, sell, or lease any part of our Company IP.
DATA PRIVACY AND SECURITY
We take the privacy and security of your data seriously. As part of our Services, we are required to comply with applicable laws regarding the handling of personal data, including A2P 10 DLC regulations and related telecom compliance standards.
Our use and disclosure of your data will be in accordance with our Privacy Policy, which you can review at: [Insert Link to Privacy Policy].
A2P 10 DLC MESSAGING TERMS
As part of our Services, we may send automated or service-based text messages (SMS/MMS) for reminders, updates, or notifications related to your business operations.
Consent: By providing your mobile number, you expressly consent to receive these messages. Your agreement is not a condition of any purchase.
Frequency: Message frequency varies depending on service needs. Cost: Message and data rates may apply based on your mobile plan. Opt-Out: You can opt-out at any time by replying STOP. Reply HELP for assistance or contact us at +1 888-998-7568 or [email protected]. Carriers: Supported carriers include (but are not limited to) AT&T, T-Mobile, Verizon, and others. Carriers are not liable for delayed or undelivered messages.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DETAIL AUTO CARE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SERVICES WILL RESULT IN THE SUCCESSFUL VERIFICATION OF YOUR TOLL-FREE NUMBER OR THE DELIVERY OF ANY SPECIFIC MESSAGES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DETAIL AUTO CARE INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DETAIL AUTO CARE INC, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts (including reasonable attorney's fees) arising from:
(a) your use of and access to the Site and Services;
(b) your violation of any term of these Terms; or (c) your violation of any applicable law, regulation, or telecom policy, including but not limited to A2P 10 DLC and SMS regulations.
TERMINATION
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
Any dispute arising from these Terms shall be resolved through final and binding arbitration in Brampton, Ontario, in accordance with the Arbitration Act (Ontario). The prevailing party in any arbitration or legal action shall be entitled to recover its reasonable attorney's fees and costs.
CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
DETAIL AUTO CARE INC. 13018 Coventry Hills Way NE Calgary, AB T3K 0L9, Canada Email: [email protected] Phone: +18888144255