App User Agreement
Last updated: May 2, 2023
Thank you for joining and welcome to your new Tommy's Express Car Wash App. Use of the Tommy’s Express App (“App”) requires a supported Android™ or iOS™ mobile device (“Device”), a credit card (“Payment Method”) or Gift Card, and a valid email address. By using the App or accepting the Services, you ("you" or "your") are agreeing with Tommy's Express LLC ("Tommy's Express", “we”, “us”, or “our”) and the owner/operator of any Tommy's Express car wash you visit ("Operator") to the following terms and conditions ("Agreement"):
Section 1 - General User Agreement
a.) In order to use the App, you will create a TommyClub Membership (“Membership”) User Account (“Account”), and select either a monthly UNLIMITED Club Subscription Membership ("Subscription"; see Section 2), a PayPerWash pay as you go Membership (“PpW”; see Section 4), or a Fleet and Business Account (“FBA”; see Section 7) which will allow you to use the App lanes at any Tommy’s Express location nationwide to access the car wash services provided by each Operator (the “Services”).
b.) Your selected Membership may be used at any Tommy’s Express or their partners nationwide. Visit tommys-express.com/locations/ for a complete list of retail outlets.
c.) While using the App, you will select a Wash Plan (i.e. Quality, Super, Ultimate, Works) for each vehicle that specifies which wash features you will receive when you visit a Tommy’s Express with that vehicle.
d.) You may add multiple vehicles to your Account with each vehicle having its own Membership and Wash Plan. Add vehicles via the “My Garage” section of the App.
f.) Prices for monthly Subscriptions and PpW single washes are set by each Operator for their site. Pricing is posted on site and in the app and is subject to change.
g.) Tommy's Express may increase Subscription rates with 30 days advance notice by either the Operator posting at the car wash site or Tommy's Express sending notice to the email you have on file in the App.
h.) You can change or update your contact information at any time via the App. It is your responsibility to make sure your contact information is kept up to date in the app to assure the receipt of pricing changes and notifications.
i.) Tommy's Express reserves the right to change the payment amount to include tax or to reflect tax law changes at your Subscription location at any time.
j.) Promotional Subscription or promotional PpW pricing may be limited to specific Tommy's Express locations. Pricing and participation may vary.
k.) The Operator of any Tommy’s Express location reserves the right to close any location due to inclement weather, major holidays, equipment maintenance, service interruptions, wash site enhancements, or force majeure.
l.) You must be at least 18 years of age to use the App or create a Membership. Persons under 18 may access the App only through the parent or legal guardian’s account.
m.) You must click that you have read and understand these terms and conditions to complete sign up as a Member in our App. By accepting, you represent to the Operator and Tommy's Express that you understand and agree to this Agreement. Your Membership is not activated until you have accepted the terms and conditions.
Section 2 – UNLIMITED Club (Monthly Subscriber) Terms and Conditions
- By selecting the UNLIMITED option in the App, you are registering for an automatic and recurring monthly Subscription for unlimited car washes at a selected Wash Plan. The Subscription uses LPR technology to allow you to use the APP lanes to wash your vehicle and receive your selected Wash Plan automatically.
- You will be charged a monthly Subscription fee based on the Wash Plan you have selected ("Subscription Fee").
- The Subscription Fee will be an automatic and recurring monthly charge to your Payment Method.
- The Subscription Fee will be charged on the date you activate your Subscription, or if you subscribed using a promotional code or Gift Card (see Section 5), from the date the promotional or pre-paid Gift Card period expires.
- The Subscription will automatically renew every month and the Subscription Fee will be charged to your Payment Method each month on the renewal date.
- Learn how to manage or change your Payment Method here.
- The Subscription cannot be combined with any other programs or discounts, including but not limited to, pre-paid washes, vouchers, house accounts or coupons.
- The Subscription does not apply to special events.
- Promotional Subscriptions may be limited to single Tommy's Express locations. Pricing and participation may vary.
- Entering a promotional code will register you for an automatic and recurring monthly Subscription once the promotional period expires. Promotional Subscriptions must be deactivated prior to the monthly renewal date in order to prevent an automatic renewal and avoid a charge.
- Should you elect to upgrade your Wash Plan during a billing cycle, you will immediately be billed the pro-rated difference in the Wash Plan price based on the days remaining in your current billing period. Should you elect to downgrade your Wash Plan, you will continue to wash at the higher Wash Plan for the remaining portion of your billing period, and the new downgraded Wash Plan will take effect with the next billing period. Learn more about upgrading here.
- You may transfer your Subscription to another vehicle. Transfers are only allowed once in a 30-day period. Learn more about transfers here.
- In the event there is a problem with your Payment Method, your Subscription will be halted immediately, and you will no longer be able to use the App lanes for automatic access and must use the Cashier lane for future washes. If Tommy's Express can collect payment for your Subscription within 10 days after being halted, your Subscription will continue with your current Subscription renewal schedule. If Tommy's Express is not able to collect payment for your Subscription after 10 days from the halted date, your Subscription will be automatically deactivated.
- You may cancel your Subscription at any time and stop future automatic monthly renewals using the App. You will need to repeat the cancelation process for each vehicle within your Account. You will receive a cancelation confirmation email for each cancelled Subscription. Once cancelled, you will be able to continue washing for the remainder of your pre-paid Subscription period and no automatic renewal will take place. Learn more about canceling here.
- Once canceled, you will no longer be able to use the APP lanes for automatic access and billing and must use the Cashier lane for future washes.
- You may “Pause” your Subscription for 30-, 60-, up to 90-days in the App. Longer Pause periods are available by visiting your local Tommy’s Express. Your Subscription will automatically restart after your selected Pause period has expired. Learn more about Pausing here.
- To request a refund for any reason, you must contact the Operator or Tommy’s Express’ Guest Services Team within 45 days of your monthly Subscription charge. Refunds will be granted or denied at the sole discretion of the local wash site and/or Tommy's Express’ Guest Services Team. There are no refunds for lack of use during the Subscription term or for partial months.
Section 3 - FREE Month Promotion
- New users of the App are offered a FREE trial month when signing up for a Subscription (the “FREE Month”). FREE Month offer is only available if you have never previously signed up for a Subscription.
- You must enter a valid Payment Method on your Account and select auto-renew in the App in order to receive the FREE Month.
- The FREE Month promotion is subject to change.
Section 4 – PayPerWash™ (Pay as you go) User Agreement
- By selecting the Pay Per Wash option in the App, you are registering for a PpW Membership, which uses LPR technology to allow you to use the APP lanes to wash your vehicle and pay for it automatically with a stored Payment Method.
- The Payment Method on file in your Account will be charged for every car wash you purchase. A purchase is counted when your vehicle is recognized by the LPR system and the entrance gate is opened at the wash site.
- Your Payment Method is charged at the price of the Wash Plan you have selected on the App.
- Wash prices may vary depending on car wash location and local sales tax laws. Please review posted wash prices prior to entering the wash lanes. By entering the wash lanes and allowing your car to be recognized using LPR, you are agreeing to pay the price of the car wash posted at that location for the Wash Plan you have selected on the App.
- Each vehicle in your Account is charged separately for each wash as they occur.
- You may select a different Wash Plan in the App at any time; however, it may take up to 5 minutes for your selection to become active. Until that time, you will receive the Wash Plan previously selected.
- In the event Tommy's Express is unable to receive payment from you for reasons such as card expiration, non-sufficient funds, declined charge, or change in information, your Account will be placed on hold, and you will not be able to wash your vehicle until the payment issue is resolved.
- Because Tommy’s Express gift cards are pre-paid time-based (monthly) packages, adding a gift card to your Membership will convert your Membership from a PpW Membership to a Subscription Membership. Please see Section 2 – UNLIMITED Club (Monthly Subscriber) User Agreement for more information.
- As a new PpW Member in the App, you will be offered a single free wash. This offer is only available to new App users who have never set-up an account in the App before. If you have created a PpW or Subscription Membership at any point and currently have an active, paused, or cancelled Membership, you are not eligible to receive the free wash promotion. This promotion is available at participating locations only.
- You may cancel your PpW Membership at any time and stop future automatic payments by canceling the Membership in the App. Once canceled, you will no longer be able to use the APP lanes for automatic access and billing and must use the cashier lane for future washes.
- You will need to repeat the cancelation process for each vehicle within your Account. You will receive a cancelation confirmation email for each cancelled Membership.
Section 5 – Gift Card User Agreement
- Tommy’s Express partners with the Operators to offer consumers the opportunity to purchase Tommy’s Express-branded gift cards (collectively, the “Gift Cards”) online and at Tommy’s Express locations. Your purchase and/or use of a Gift Card indicates your acceptance of these terms and conditions.
- Gift cards are available in 30-, 90-, 180-, or 365-day denominations of pre-paid UNLIMITED Club Subscription access (see Section 2 above). Activating a Gift Card begins the pre-paid period. Gift Cards have no monetary value.
- Gift Cards must be redeemed in the App or at any Tommy’s Express location, and can be used at any Tommy's Express location. Please visit tommys-express.com/locations/ for a full list of retail sites.
- Tommy’s Express is the issuer of all gift cards. Tommy's Express is organized and domiciled in Michigan, and the purchase and sale of Gift Cards issued by Tommy's Express shall be deemed to be in Michigan and shall be subject to the laws and regulations of Michigan. Purchases of Gift Cards are final. Tommy’s Express will not refund the purchase of a Gift Card except as required by applicable law.
- Gift Cards are valid for a period of three years from the date of purchase, except where applicable law requires otherwise.
- Tommy’s Express is not responsible for lost, stolen, or damaged Gift Cards.
Section 6 – Fleet Program
- By selecting the Fleet option in the App, you are registering for a Fleet and Business Account Membership (“FBA”), which uses LPR technology to allow you to use the App lanes to wash your company’s vehicles and pay automatically with a stored Payment Method.
- The Payment Method on file in your FBA will be charged once a week for every wash purchased for any of the vehicles registered on your FBA. A wash purchase is counted when one of the vehicles registered on the FBA is recognized by the LPR system and the entrance gate is opened at the wash site.
- Your Payment Method is charged at the price of the Wash Plan you have selected for each vehicle.
- You will receive a discount based on the total number of washes by all vehicles registered to the FBA. Discounts are applied to your next billing cycle. Please refer to the website at www.tommys-express.com/fleets
- Wash prices may vary depending on car wash location and local sales tax laws. Please review posted wash prices prior to entering the wash lanes. By entering the wash lanes and allowing a vehicle registered to your FBA to be recognized using LPR, you are agreeing to pay the price of the car wash posted at that location for the Wash Plan you have selected on the App.
- In the event there is a problem with your Payment Method, your account will be placed on hold and you will no longer be able to use the App lanes for automatic access and must use the Cashier lane for future washes until the payment issue is resolved.
- You may cancel your FBA Membership at any time and stop future automatic payments by canceling the Membership in the App or by calling guest services. A final charge will be applied to the Payment Method for any washes that occurred after the most recent payment and prior to your cancellation. You will need to repeat the cancelation process for each vehicle registered to your FBA. You will receive a cancelation confirmation email for each cancelled Membership.
Section 7 – Referral Program
- You will receive a Five Dollar ($5) credit (“Referral Reward”) for every person who signs up for a new Subscription (as defined in Section 2 above) using a unique referral code shared by you (a “Referral”) (the “Rewards Program”) and completes their first payment on their Subscription. Referral Rewards will be added to your Account within 1-2 business days and will be applied as a credit toward the next purchase on your Account. Referral Rewards will expire after one (1) year. Rewards have no cash value and may not be traded or sold.
- Any spamming or bulk distribution of invitation links; the selling, trading, or bartering of anything of value for a Referral; all fraud or attempted fraud; and any other misuse or abuse of the Rewards Program, as determined by Tommy’s Express, shall result in the forfeiture of any Referral Rewards improperly received and disqualification from the Rewards Program.
- Tommy’s Express reserves the right to modify or discontinue the Rewards Program at any time.
Section 8 – Text Message Marketing Terms & Conditions
- By entering your phone number on the Tommy's Express website or the App, you acknowledge that text alerts will be sent to the mobile phone number you provide. Once you enrolled, the frequency of marketing text messages you receive will vary depending upon your account activity, promotion engagement, and/or your communication with Tommy’s. You will typically receive text alerts when we have marketing information for you about your account, experience, or other promotions occurring. Tommy’s Express does not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
- Enrolling in Tommy’s text marketing alerts program is not required to receive a free month of car washes. To receive a free month without enrolling in text marketing alerts, you can download and signup through the App (see Section 3 above).
Section 9 - Miscellaneous
- Acceptance of Responsibility. You are responsible for making sure your vehicle is in acceptable condition to be washed. Guidelines are posted near the entry of every Tommy’s Express car wash to help you ascertain if your vehicle can be washed. If there is any doubt, you are responsible for asking the Operator prior to entering the wash. You are responsible for operating your vehicle safely, properly, and in accordance with all verbal or written instructions, if any, while on the premises of the Tommy’s Express location, including without limitation, properly loading your vehicle on to the conveyor belt and placing your vehicle in neutral, and confirming that it is in neutral prior to reaching the end of the conveyor belt. You acknowledge that you are responsible for any damage or injury caused to the car wash tunnel or equipment, the Operator’s employees, and other customers or their vehicles if you faill to do so. If you do not know how to properly load your vehicles on the conveyor belt, or if you have any other questions or concerns about how to safely or properly operate your vehicles through the car wash, do not enter the car wash tunnel and ask the Operator. You accept all risk of, and you agree to hold Tommy’s Express and the Operator harmless for, any injury to yourself or the occupants of your vehicle and any damage to your vehicle resulting from the actions of another customer or guest, including without limitation another customer’s failure to operate his or her vehicle safely and in accordance with all verbal or written instructions.
- Refunds. All payments made to Tommy’s or the Operator in connection with the Services, a Membership, or a Gift Card are non-refundable and there are no circumstances in which you will be entitled to or have an right to receive a refund. Rather, Tommy’s or the Operator may provide a refund to you in its sole discretion.
- Dispute Resolution. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement, the provision or receipt of Services, or any aspect of the relationship between you, on the one hand, and Tommy’s or the Operator, on the other hand, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Tommy’s and you are each waiving the right to trial by a jury. You agree that any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. With the exception of any of the language above in this dispute resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this dispute resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this dispute resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision. If you pursue a claim in a manner that is contrary to this dispute resolution provision, such as filing a claim in court, you agree to reimburse Tommy’s for all attorney fees and other expenses incurred as a result of your noncompliance.
- Governing Law; Forum. This Agreement and all matters related to our relationship with you shall be governed by and construed in accordance with the laws of the State of Michigan without regard to choice-of-law principals or conflict-of-law provisions. Without waiving the mandatory arbitration provision contained herein, you agree that any claim or dispute shall be resolved in the the state trial courts located in Ottawa County, Michigan or any appellate courts having jurisdiction over such trial courts.