Terms and Conditions

a.) In order to use the App, you will create a TommyClub Membership (“Membership”) User Account (“Account”), and select one of the following: (i) a monthly Unlimited Club Subscription Membership ("Subscription"; see Section 2), (ii) a PayPerWash pay as you go Membership (“PpW”; see Section 4), or (iii) a Fleet and Business Account (“FBA”; see Section 7), each of which will allow you to use the App lanes at any Tommy’s location to access the car wash services (including both exterior and interior clean services) provided by Tommy's and each Operator (the “Services”). When you create an Account, we will collect your personally identifiable information, which is subject to our Privacy Policy incorporated herein. Please review our Privacy Policy to understand our practices.

b.) Your selected Membership may be used at any Tommy’s location. 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, Interior Clean (see Section 8 below)) for each vehicle that specifies which wash features you will receive when you visit a Tommy’s with that vehicle.

d.) You may add multiple vehicles to your Account, with each vehicle having its own Membership and Wash Plan. Vehicles can be added via the “My Garage” section of the App.

e.) Tommy’s and its Operators use License Plate Reader (“LPR”) technology to identify vehicles and activate Wash Plans on behalf of the user. You agree to allow Tommy's Express and the Operators to recognize and log your license plate number, and to collect, store, and use the personal information obtained through this App and your use of any Tommy's Express car wash in accordance with Tommy's Privacy Policy. The use of LPR technology may be regulated or limited by federal, state, or local laws. You agree to hold Tommy’s and its Operators harmless from any claim that its use of LPR violates any applicable laws or regulations. License plate swapping (using a single plate swapped between vehicles to wash multiple vehicles under Account) is fraud and may result in a loss of your Membership and a ban from all Tommy's locations, with no refunds.

f.) Prices for monthly Subscriptions and PpW single washes are set by either Tommy's or an Operator for their participating location. Pricing is posted at such location and in the App and is subject to change.

g.) Tommy's or any Operator may increase Subscription rates upon 30 days advance notice by either the Operator posting at its location or Tommy's sending notice to the email you have on file in the App. Notwithstanding the foregoing, Tommy's reserves the right to change the Subscription rate(s) for a Subscription to include tax or to reflect tax law changes with respect to any location at any time.

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 ensure the receipt of Subscription pricing changes and other notifications.

i.) Promotional Subscription or promotional PpW pricing may be limited to specific Tommy's locations. Pricing and participation may vary.

j.)Tommy's and/or the Operator of any Tommy’s location reserves the right to close a location (either temporarily or permanently) for any reason, in its sole discretion.

k.) 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.

l.) Paid fees are nonrefundable and there are no refunds or credits for partially used plan periods. Accounts with little or no usage in a given month are not entitled to refunds or credits. Any refund, discount, or other consideration to some or all of our guests is at our sole and absolute discretion in accordance with applicable law.

m.) We offer convenient payment options, including Apple Pay and Google Pay, for the Services to enhance your payment experience. By using these payment methods on the Site and/or the App, you agree to comply with their respective terms and conditions, which are outlined below:

• Apple Pay. When you choose to pay with Apple Pay, you agree to adhere to Apple Pay's terms and conditions, including their data privacy and security requirements. For more information on Apple Pay's terms and conditions, please visit Apple Pay Terms.
• Google Pay. When you choose to pay with Google Pay, you agree to comply with Google Pay's terms and conditions, including their data privacy and security requirements. For more information on Google Pay's terms and conditions, please visit Google Pay Terms.

By using these payment methods, you also agree to our processing of your payment information in accordance with our Privacy Policy.

n.) Unless otherwise indicated, the content of the Services, including, but not limited to, all information, the design, text, images, graphics, audio clips, video clips, metadata, data, selection and arrangement of elements, organization, and the design, compilation, and other matters related to the Services (collectively, "Content") and the source and object code, format, algorithm, and structure of the App are protected under applicable intellectual property and other laws, including, without limitation, those of the United States.  All Content and intellectual property rights herein are the property of Tommy’s or used with the permission of the rights owner and are protected pursuant to applicable intellectual property laws. The posting of any Content on the Services does not constitute a waiver of any right in such Content. The reproduction, duplication, distribution (including by way of email or other electronic means), publication (including posting on another website) modification, copying or transmission of Content from the App or the Site in any form or by any means is strictly prohibited without the express prior written consent of Tommy’s.

o.) The Tommy’s logo and all page headers, custom graphics, button icons, trademarks, service marks and logos appearing in the App or the Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Tommy’s (the "Marks"). You are not authorized to display or use the Marks in any manner without the express prior written consent of Tommy’s. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. All other product and company names and trademarks mentioned, displayed, cited or otherwise indicated on the Site or in the App are the property of their respective owners.

p.) Subject to your compliance with the requirements and restrictions of these Terms, and strictly for your personal, non-commercial use, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable, non-assignable, license to (a) access and use the Services and to view the Content, and (b) to download and install the App on a device you own or are authorized to use. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms.

q.) You shall not:

• Reproduce, download, archive, redistribute, broadcast, sell, resell, license, modify, create derivate works of, exploit, or make any commercial use of any of the Services or Content, except if you have executed a written agreement with an authorized representative of Tommy’s allowing you to do so;
• Remove or alter any copyright, trademark, or other intellectual property notices contained in the Content or Services;
• Reverse engineer, disassemble, decompile, or otherwise attempt to gain access to the source code of the App or any portion of the Site;
• Remove, disable, circumvent, or disrupt any copy protection, rights management, or security features of the Services, or scan, probe, or test the vulnerability of any Tommy’s system or network or the systems and networks connected to the Services;
• Use any software robots, spiders, web crawler, bots, or other similar means whether automated or manual to access, acquire, index, or aggregate information from the Services;
• Upload to the Services any virus, malware, trojan horse, or any other malicious software;
• Attempt to gain unauthorized access to, interfere with, damage, disrupt, or otherwise create an undue burden on the server on which the Site is hosted or any server, computer, or database connected to the Services;
• Share your Account, password, or other login information with another person or use another person’s account, password or other login information to access the Services;
• Bypass any geographic restrictions that may be placed on the Services, including any IP address-based restrictions;
• Use the Services or download the App from any country that is subject to a U.S. government embargo, or that the U.S. Government has designated a terrorist supporting country;
• Use the Services for any purpose that is prohibited by these Terms;
• Violate any applicable law, statute, ordinance, or regulation governing your use of the Services.

You acknowledge and agree that we may immediately and without notice suspend or terminate your Account if you engage in conduct that violates these usage restrictions or any other term of these Terms. If we terminate your Account because of your violation of these usage restrictions or your violation of any other term of these Terms, you may not re-register for or otherwise use the Services under any other username.

r.) The Site and App may include access to content, products, or services offered by third parties through hyperlinks, API, or otherwise. We are not responsible for any content or linked sites owned or controlled by a third party. We provide such content and links only as a convenience to you. Tommy's reserves the right to terminate any link or linking program at any time. We have not endorsed, tested or verified any third-party information, companies, or products to which it links or otherwise makes available. If you decide to access any third-party sites linked to the Site or the App, use such third party’s products or services, or provide any personally Identifiable information to a third party, you do so subject to the terms and policies applicable to those third parties and entirely at your own risk.