APEX SURFACE CARE & DETAILING

1. Services Covered

Apex provides automotive appearance, cleaning, preservation, and detailing services. Services may include interior detailing, exterior detailing, full details, chemical-free interior detailing, add-ons, maintenance services, polishing, paint correction, scratch improvement, odor treatment, stain treatment, and other related services offered or accepted by Apex.

Apex will perform only the services selected by Customer or later authorized by Customer.

Service descriptions, prices, add-ons, appointment details, deposits, and payment terms shown during booking, on an invoice, in a written estimate, or in a written electronic message are incorporated into this Agreement for that transaction.

2. Customer Authority

Customer represents that Customer owns the vehicle or has permission from the owner, lessee, employer, fleet manager, or other authorized person to approve the selected services.

The person accepting this Agreement for Customer must be at least eighteen (18) years old and have authority to enter the transaction. For services requested by a younger customer, a parent, guardian, or other authorized adult must be the contracting Customer and personally accept.

Customer agrees to indemnify and hold Apex harmless from claims by a vehicle owner or third party arising from Customer's lack of authority to authorize the services, subject to the limitations and procedures in Section 58.

3. Vehicle Access and Operation

Customer authorizes Apex to reasonably access, unlock, open, close, start, move, reposition, and operate the vehicle as necessary to perform the selected services, inspect the vehicle, protect the vehicle, move it within the service area, or address a safety issue.

Customer must disclose any condition that may affect safe access or operation before service begins, including unusual starting procedures, alarm systems, dead batteries, electrical issues, transmission issues, air suspension, nonfunctional parking brakes, broken handles, broken latches, damaged doors, damaged windows, damaged hatches, leaks, or any other unusual operating requirement.

Apex may decline to move or operate a vehicle if Apex reasonably believes doing so may create a safety risk or cause damage.

4. Service Scope and Estimates

Quotes and estimates are based on information reasonably available before service begins. The actual condition of a vehicle may not be fully apparent until work begins.

Circumstances that may require additional time, modified service, or additional charges include excessive pet hair, sand, mud, debris, stains, bodily fluids, mold, odors, trash, adhesive residue, tar, sap, overspray, heavy contamination, unusually dirty wheels, severe brake dust, neglected interiors, excessive cargo, pest contamination, fragile materials, deteriorated materials, pre-existing damage, or conditions materially different from those disclosed during booking.

Apex will obtain Customer authorization before performing additional chargeable work beyond the agreed scope, except for minor incidental steps reasonably necessary to complete an already authorized service without increasing the agreed price.

5. No Guarantee of Perfect or Like-New Condition

Detailing is a restoration, cleaning, preservation, and appearance-enhancement service. It does not necessarily return a vehicle to factory-new condition.

Results depend on the vehicle's age, mileage, maintenance history, prior detailing, prior repairs, material quality, amount and duration of contamination, exposure to sunlight and weather, previous chemical use, paint thickness, coating condition, leather or fabric condition, adhesive condition, and the condition of plastics, rubber, trim, glass, wheels, and other materials.

Apex does not guarantee complete removal or correction of every scratch, stain, odor, defect, contaminant, blemish, imperfection, or discoloration.

6. Pre-Existing Damage and Vehicle Condition

Customer acknowledges that vehicles may contain pre-existing damage that is difficult to observe before cleaning.

Examples include scratches, swirl marks, dents, dings, chips, cracked paint, peeling paint, clear-coat failure, oxidation, water spotting, etching, rust, corrosion, cracked trim, faded trim, loose trim, torn upholstery, worn leather, cracked leather, failing leather coatings or dye, stains, burns, cuts, holes, loose stitching, sagging headliners, cracked glass, windshield chips, damaged tint, loose emblems, loose moldings, damaged wheels, curb rash, peeling wheel finishes, damaged tire sidewalls, brittle plastics, broken clips, damaged switches, failing buttons, worn graphics, damaged touch surfaces, and other age-related or use-related conditions.

Cleaning can make previously concealed damage more visible. The fact that a defect becomes more noticeable after dirt, oxidation, fillers, dressings, wax, residue, or contamination is removed does not necessarily mean the detailing process caused the defect.

7. Pre-Service and Post-Service Documentation

Apex may inspect and document the vehicle before, during, and after service.

Customer authorizes Apex to take photographs and video for legitimate business purposes including documenting pre-existing damage, recording vehicle condition, documenting work performed, quality control, employee training, communicating with Customer, processing insurance claims, investigating complaints, resolving payment disputes, and protecting Customer and Apex in the event of a disagreement.

This operational documentation authorization is separate from optional marketing permission. Apex will not use operational documentation for public advertising solely because Customer accepted this Agreement.

8. Hidden Damage and Previous Repairs

Customer acknowledges that Apex may not be able to identify previous body repairs, repainting, body filler, blended paint, paint touch-ups, failing clear coat, poorly bonded replacement panels, hidden rust, prior accident damage, compromised clips, cracked mounts, improperly installed trim, weak adhesives, aftermarket repairs, concealed water intrusion, or other hidden conditions.

Normal detailing procedures may expose or reveal defects caused by previous damage, deterioration, or improper repairs.

Customer agrees to disclose known previous repairs, repainted areas, damaged areas, or fragile areas that may require special handling.

9. Aged, Fragile, or Deteriorated Materials

Older or deteriorated components may fail during otherwise ordinary cleaning.

Examples include brittle plastics, deteriorated rubber, old weather seals, failing adhesives, loose badges, aged vinyl, fragile buttons, worn lettering, soft-touch coatings, weakened leather, aged upholstery, loose stitching, failing headliner adhesive, peeling interior coatings, brittle vents, loose trim, sun-damaged materials, oxidized paint, peeling clear coat, and deteriorated exterior moldings.

Apex will use reasonable care when such conditions are visible or disclosed. Customer acknowledges that normal manipulation or cleaning may reveal or accelerate failure of a component that was already weakened, deteriorated, detached, improperly repaired, or at the end of its useful life.

10. Aftermarket Modifications

Customer must disclose relevant aftermarket modifications before service.

Examples include aftermarket wheels, custom-painted wheels, powder-coated wheels, vinyl wraps, paint-protection film, ceramic coatings, aftermarket paint, custom bodywork, aftermarket badges, decals, window tint, custom upholstery, aftermarket electronics, amplifiers, speakers, custom lighting, suspension modifications, air suspension, engine modifications, aftermarket alarms, remote-start systems, custom switches, body kits, carbon-fiber components, and other modifications.

Apex is not responsible for damage resulting from undisclosed installation defects, improper installation, poor workmanship, incompatible materials, or pre-existing failure of an aftermarket component, except to the extent the damage is caused by Apex's own negligent conduct.

11. Paint Protection Film, Vinyl Wraps, Ceramic Coatings, and Aftermarket Paint

Customer must disclose, when known, whether the vehicle has paint-protection film, vinyl wrap, ceramic coating, aftermarket paint, repainted panels, touch-up paint, or areas with peeling, lifting, bubbling, cracking, or adhesive failure.

Paint-protection film and wraps can deteriorate with age, sunlight, heat, contamination, improper installation, prior pressure washing, and adhesive failure. Edges that are already loose may lift further during washing.

Aftermarket paint and repaired panels may differ from factory finishes in adhesion, thickness, hardness, and chemical resistance.

Apex will use reasonable care appropriate to conditions it knows or reasonably should know about. Apex is not responsible for failure caused by defective installation, aged adhesives, pre-existing delamination, deteriorated film, failing paint beneath film, or other pre-existing conditions, except to the extent Apex's negligence caused or materially contributed to the damage.

12. Paint Correction, Polishing, and Scratch Improvement

Customer understands that polishing and paint correction remove a microscopic amount of paint or clear coat to improve defects.

Not every scratch can be safely removed. Some scratches extend through the clear coat, through the color coat, into primer, or into the underlying panel.

Apex may determine that further correction would create an unreasonable risk of clear-coat failure, excessive thinning, paint strike-through, uneven appearance, edge damage, or other permanent damage. Apex may stop correction before complete defect removal when continuing would, in Apex's reasonable judgment, create excessive risk.

Paint correction is intended to improve defects, not guarantee 100% removal. Unless specifically quoted, Apex is not obligated to perform repainting, touch-up paint, body repair, paintless dent repair, or wet sanding.

13. Glass, Windshields, and Window Tint

Customer must disclose known windshield cracks, chips, damaged tint, aftermarket tint, or other glass defects.

Existing chips and cracks can spread because of temperature changes, vibration, age, pre-existing stress, or ordinary vehicle movement. Apex will use reasonable care but is not responsible for propagation of a pre-existing glass defect unless Apex's negligence caused or materially contributed to the damage.

Apex does not guarantee removal of scratches, mineral etching, internal glass defects, or permanent tint damage.

14. Wheels and Tires

Wheel finishes may be damaged by age, corrosion, curb impacts, brake dust, prior chemical exposure, improper refinishing, or failing clear coat.

Customer should disclose custom, refinished, anodized, polished, powder-coated, painted, chrome-plated, carbon-fiber, magnesium, or otherwise unusual wheels.

Apex will use products and procedures it reasonably believes are appropriate for the disclosed or apparent finish. Cleaning may reveal corrosion, curb damage, peeling finishes, staining, embedded contamination, oxidation, or previously concealed damage.

Apex does not guarantee complete removal of permanent wheel staining, etching, corrosion, or baked-in brake dust.

15. Stain Removal Limitations

Stains may permanently alter carpet, upholstery, leather, plastics, headliners, trim, and other surfaces.

A stain's removability depends on the substance involved, how long it has been present, previous cleaning attempts, heat exposure, material composition, dye stability, and whether the contaminant chemically altered the surface.

Apex does not guarantee complete stain removal. Aggressive stain treatment can sometimes create a greater risk of discoloration, fabric damage, dye loss, texture change, adhesive failure, or material damage. Apex may stop treatment when further attempts would create an unreasonable risk of damage.

16. Pet Hair, Odors, Smoke, and Contamination

Complete removal of pet hair, pet odors, cigarette smoke, cannabis smoke, food odors, mildew odors, chemical odors, perfume, fuel odors, biological odors, and other embedded contamination cannot always be guaranteed.

Odors can originate inside seat foam, insulation, HVAC systems, carpet padding, headliners, vents, door cavities, and other areas that may not be accessible through ordinary detailing.

Odors may temporarily improve and later return because of heat, humidity, or contamination beneath accessible surfaces.

17. Mold, Biological Contamination, Pests, and Hazardous Conditions

Customer must disclose any known presence of mold, suspected mold, blood, urine, feces, vomit, needles, sharps, bodily fluids, insects, rodents, pest infestations, hazardous chemicals, drug residue, or other potentially dangerous contamination.

Standard automotive detailing is not professional mold remediation, medical decontamination, hazardous-material remediation, or a sterilization service.

Unless Apex separately agrees in writing to a specialized service, Apex does not represent that detailing will eliminate all mold spores, eliminate all bacteria or viruses, sterilize the vehicle, make the vehicle medically safe, remediate structural mold, or eliminate hazardous contamination.

Apex may stop or refuse service if it encounters a condition Apex reasonably believes presents a health or safety risk. If unexpected contamination is discovered, Apex may contact Customer to discuss additional charges, modified service, professional remediation, or termination of service.

No additional charge will be imposed without Customer authorization except amounts already earned for work performed under the original authorization.

18. Personal Property and Valuables

Customer should remove unnecessary personal property before the appointment, particularly cash, jewelry, electronics, firearms, medication, important documents, identification, credit cards, collectibles, fragile items, and other valuables.

Apex may move ordinary loose items as reasonably necessary to clean. Items may be temporarily placed in bags, containers, the trunk, cargo area, or another reasonable location.

Areas obstructed by excessive personal property may not be cleaned.

Customer must remove or securely store weapons before service. Apex may refuse or stop service if an unsecured weapon is discovered.

Apex is not responsible for loss of undisclosed valuables except to the extent the loss is caused by Apex's negligent or intentional conduct.

19. Child Safety Seats

Unless expressly agreed otherwise, Customer is responsible for removing and reinstalling child safety seats.

If Apex removes a child safety seat to access the surrounding area, Apex is not responsible for reinstalling it for transportation use. Customer must personally verify that all child safety seats are installed in compliance with the child-seat manufacturer's instructions, the vehicle manufacturer's instructions, and applicable law before transporting a child.

Cleaning of a child safety seat itself will only be performed if separately authorized and if Apex determines the requested cleaning is appropriate.

20. Mechanical and Electrical Conditions

Customer must disclose known mechanical or electrical problems that may affect safe servicing or operation.

Examples include weak batteries, starting problems, charging-system problems, defective locks, defective windows, electrical shorts, water leaks, warning lights, air-suspension issues, aftermarket electronics, broken seat motors, defective convertible tops, malfunctioning doors, trunk or hatch problems, loose wiring, nonfunctional parking brakes, transmission issues, and other unusual vehicle behavior.

Detailing commonly requires doors or hatches to remain open and may require use of interior lighting or accessories. A weak or deteriorated battery may discharge during service.

Apex is not responsible for a mechanical or electrical failure caused by a pre-existing defect or deteriorated component, except to the extent Apex's negligent conduct caused or materially contributed to the failure.

Apex may stop service if continued work could damage the vehicle or create an unsafe condition.

21. Chemical Sensitivities and Chemical-Free Services

Customer should notify Apex before service of known chemical sensitivities, allergies, fragrance sensitivities, material restrictions, manufacturer restrictions, or other special concerns.

For a service specifically sold as a Chemical-Free Interior Detail, Apex will intentionally use steam and water as the cleaning media unless Customer separately authorizes another product.

Customer understands that a vehicle may nevertheless contain residue from previous cleaning products, manufacturing materials, prior owners, environmental contaminants, or products previously applied to the vehicle. Apex cannot guarantee an allergen-free or chemical-residue-free vehicle.

22. No Medical or Sanitation Warranty

Unless a separate written agreement expressly states otherwise, Apex's services are automotive appearance and cleaning services.

Words such as "clean," "deep clean," "steam clean," "refresh," "sanitize," or similar descriptions do not constitute a medical guarantee that the vehicle is free from pathogens, allergens, mold spores, hazardous substances, or disease-causing organisms.

Apex does not provide medical advice or certify a vehicle as medically sterile or safe for an individual with a particular health condition.

23. Customer-Provided Water, Electricity, or Property Access

When Customer agrees to provide water, electricity, driveway access, garage access, or another utility or work area, Customer authorizes Apex to reasonably use those resources for the services.

Customer represents that Customer has authority to grant such access and is responsible for obtaining any necessary permission from a property owner, landlord, condominium association, homeowners association, employer, parking facility, or other controlling party.

Customer should provide safe and functional outlets, spigots, and access points. Apex may decline to use an outlet, water connection, structure, or work area that appears unsafe.

Apex is not responsible for failure of defective customer-owned plumbing, outlets, extension systems, electrical circuits, structures, or utilities except to the extent Apex caused damage through negligent use.

24. Mobile Detailing Worksite Requirements

Customer agrees to provide, or permit Apex to select, a reasonably safe and lawful location for mobile detailing.

Customer should ensure reasonable clearance around the vehicle and keep children, pets, unnecessary bystanders, and other hazards away from active equipment, hoses, electrical cords, chemicals, tools, and the work area.

Apex may refuse or relocate work when conditions create an unreasonable safety risk. Customer is responsible for obtaining permission to perform detailing at the selected property.

Apex does not guarantee that every apartment complex, commercial property, garage, homeowners association, municipality, or parking facility permits mobile detailing.

25. Weather and Environmental Conditions

Mobile detailing is affected by weather and environmental conditions.

Apex may delay, modify, relocate, suspend, or reschedule service because of rain, snow, ice, lightning, excessive wind, dangerous heat, freezing temperatures, unsafe pavement, severe weather, poor lighting, water restrictions, environmental restrictions, or other conditions that make service unsafe, unlawful, or impractical.

A weather-related rescheduling decision made in good faith does not constitute a breach of this Agreement.

Any deposit applicable to a weather-related rescheduling will ordinarily be transferred to the rescheduled appointment rather than forfeited.

26. Additional Work and Change Orders

Apex will not intentionally perform material additional work that increases the agreed price without Customer authorization.

Authorization may be provided through the website, email, text message, telephone confirmation documented by Apex, electronic invoice approval, electronic change order, or another reasonable written or electronic method.

The additional authorization becomes part of this Agreement.

27. Completion Times and Delays

Any completion time provided by Apex is an estimate unless Apex expressly guarantees a time in writing.

Service may require additional time because of vehicle condition, additional authorized work, weather, equipment failure, product availability, unexpected contamination, unsafe conditions, difficult stains, fragile materials, or other circumstances.

Apex will make reasonable efforts to communicate material delays. A delay by itself does not create a right to a refund for work already properly performed.

28. Final Inspection and Customer Concerns

Customer is encouraged to inspect the vehicle promptly after service.

If Customer believes an area included within the purchased service was missed or inadequately completed, Customer should notify Apex as soon as reasonably practicable and provide a reasonable opportunity for Apex to inspect and, where appropriate, correct the concern.

Whenever practicable, concerns should be raised before another detailer performs work, the vehicle is repaired, the condition materially changes, or evidence relevant to the concern is removed.

This section does not eliminate any right or remedy Customer possesses under applicable law.

29. Payment Terms

Customer agrees to pay the price of the selected services, applicable taxes, approved add-ons, approved additional work, and other fees clearly disclosed and authorized before they are charged.

Payment may be required at booking, through a reservation deposit, before service, upon completion, or according to the payment schedule disclosed during booking.

Where online checkout offers the choice, Customer may pay a twenty percent (20%) deposit toward the displayed service total or pay one hundred percent (100%) upfront. The deposit is part of, not an addition to, the total. Checkout must display the dollar amount due now and any remaining balance. Unless the accepted booking states otherwise, the unpaid balance and authorized additional work are due upon completion and may be paid through a payment link or a payment processed by Apex with Customer authorization. A deposit is not automatically nonrefundable. Section 30 governs cancellation. No subscription, recurring debit, or automatic balance charge is authorized merely by booking once.

Where Customer provides a payment card, Customer authorizes the payment processor and Apex to process amounts Customer has agreed to pay.

Apex will not intentionally add undisclosed service charges after completion without Customer authorization.

Customer remains responsible for any legitimately owed balance after a declined or reversed payment. Customer agrees not to knowingly initiate a false, fraudulent, or misleading chargeback. Nothing in this Agreement waives Customer's lawful rights to dispute unauthorized or improper charges with a card issuer.

Third-party payment processing may be provided by Stripe or another payment processor. Customer's payment information may also be subject to the payment processor's applicable terms and privacy practices.

30. Cancellation, Rescheduling, and No-Shows

Unless a different cancellation policy is clearly disclosed during booking, the following terms apply.

31. Refund Policy

Because detailing involves labor, time, consumable products, travel, and services that cannot ordinarily be returned once performed, properly completed services are generally non-refundable.

This policy does not mean Customer has no remedy if services were not performed as agreed.

If Apex determines that a purchased service was not performed, materially incomplete, incorrectly billed, or materially inconsistent with the agreed service description, Apex may, as appropriate, correct or reperform the affected service, provide a partial credit, issue a partial refund, or issue a full refund for the affected service.

The appropriate remedy depends on the circumstances.

Customer should give Apex a reasonable opportunity to inspect and correct a service concern before seeking third-party corrective work when circumstances reasonably permit.

Nothing in this section limits non-waivable rights Customer may have under applicable law.

32. Damage Claim Procedure

If Customer believes Apex caused physical damage to the vehicle or Customer's property, Customer should notify Apex as soon as reasonably practicable after discovering the issue.

Customer should provide, when available, Customer name, appointment date, description of the alleged damage, location of the damage, photographs or video, relevant repair estimates, and any other information reasonably necessary to investigate.

Apex may request a reasonable opportunity to inspect the alleged damage before repairs are performed. Customer should preserve relevant evidence when reasonably possible.

If immediate repair is necessary to prevent further damage or address a safety issue, Customer should document the condition before repair when practical.

Apex may use pre-service photographs, post-service photographs, service records, video, employee statements, Customer communications, inspection reports, and other relevant information when investigating a claim.

Apex and Customer agree to cooperate in good faith in evaluating legitimate damage claims.

Failure to report an issue immediately does not automatically waive Customer's legal rights, although unreasonable delay may make it more difficult to determine the cause or extent of alleged damage.

33. Allocation of Detailing Risks and Limitation of Liability

Customer should read this section carefully.

Customer acknowledges that detailing involves contact with vehicle surfaces, trim, paint, coatings, glass, wheels, fabrics, leather, plastics, electronics, adhesives, and other materials.

Some risks arise from the existing condition of those materials rather than from improper detailing.

To the fullest extent permitted by applicable law, Apex is not responsible for damage or failure caused solely by pre-existing damage, ordinary wear, age-related deterioration, hidden defects, defective prior repairs, defective aftermarket installations, undisclosed vehicle modifications, failing adhesives, pre-existing delamination, failing clear coat, deteriorated paint, corroded components, brittle materials, defective electrical systems, defective mechanical systems, weak batteries, pre-existing leaks, pre-existing glass cracks or chips, or other conditions not caused by Apex.

This allocation of risk applies only when Apex acts with reasonable care under the circumstances.

Nothing in this Agreement is intended to release Apex from liability that applicable law does not permit Apex to waive or limit.

This Agreement does not excuse fraud, intentional misconduct, willful or wanton misconduct, or any other liability that cannot lawfully be waived.

If Apex negligently causes direct physical damage to the vehicle or Customer's property, Apex remains responsible to the extent required by applicable law and subject to any lawful limitations contained in this Agreement.

All exclusions and limitations in this Agreement apply regardless of whether a claim is characterized as arising in contract, warranty, tort, negligence, strict liability, statute, restitution, or another legal theory, but only to the fullest extent permitted by applicable law.

Customer acknowledges that the prices charged by Apex reflect the allocation of risk stated in this Agreement and that Apex would not be able to offer the same services at the same prices without these limitations.

34. Limitation on Types and Amount of Damages

To the fullest extent permitted by law, Vladimir Chukhray doing business as Apex and personnel acting on Apex's behalf will not be liable for indirect, incidental, special, exemplary, punitive, or consequential losses arising from or relating to this Agreement, the Booking Platform, a booking, a payment, communications, or the services, including lost profits, lost business, lost income, loss of use, loss of opportunity, loss of data, substitute transportation, towing, storage, rental-car expense, rideshare expense, missed appointments, or similar economic losses, even if Apex was advised that such losses were possible.

Aggregate Liability Cap. Subject to the exceptions and $100 minimum below, and only to the fullest extent permitted by applicable law, the total combined liability of Vladimir Chukhray doing business as Apex and personnel acting on Apex's behalf for Customer's claims arising from this Agreement, the Booking Platform, a booking, or services will not exceed the service fees Customer actually paid Apex in the twelve (12) months immediately preceding the event giving rise to the claim, plus any fee for the triggering booking paid outside that period. Taxes and gratuities are excluded. This proposed limitation includes claims of ordinary negligence and direct vehicle or property damage only where such a limitation is lawful; it does not guarantee enforceability or exclude the exceptions below.

For this cap, related claims arising from the same event or series of related events are aggregated using the first event's date; the triggering booking's payment is counted once. The cap is the greater of the twelve-month amount described above and $100, so free platform use does not produce a zero-dollar cap. Unrelated later events are not subject to a single lifetime cap. The cap applies only to Customer's claims and cannot bind a nonparty who has not agreed to it.

The cap does not reduce Apex's express obligation to return a duplicate or unauthorized charge, refund payment for unperformed services when a refund is owed, or satisfy any non-waivable statutory remedy. Neither the cap nor the damages exclusion applies to bodily injury or death, gross negligence, fraud, intentional misconduct, or willful or wanton misconduct. Nothing in this Agreement waives or modifies rights, provisions, or remedies under the Illinois Consumer Fraud and Deceptive Business Practices Act. If the cap is unenforceable for a claim, it does not create an alternative automatic cap at an invented statutory minimum; the applicable law governs that claim.

The exclusions and cap in this section do not apply to the extent liability cannot lawfully be limited, including liability for Apex's fraud, intentional misconduct, or willful and wanton misconduct, or any other category of liability that applicable law expressly prohibits the parties from limiting. Nothing in this Agreement limits Customer's non-waivable statutory rights.

No provision of this Agreement limits liability in circumstances where such limitation is prohibited by law.

35. Right to Refuse, Suspend, or Terminate Service

Apex may refuse, suspend, or terminate service when Apex reasonably determines that the vehicle or worksite is unsafe, Customer misrepresented the vehicle's condition, hazardous contamination is discovered, an unsecured weapon is present, illegal substances or dangerous materials are present, Customer or another individual threatens or harasses personnel, weather conditions are unsafe, property access is unauthorized, continued work could damage the vehicle, requested work would be illegal or unsafe, Customer refuses necessary additional authorization, or another substantial safety or operational concern exists.

If service is stopped after work has begun, Customer remains responsible for the reasonable value of authorized work already completed and nonrecoverable materials used.

Apex will not charge for unperformed portions of a service except where a properly disclosed reservation, cancellation, mobilization, or nonrecoverable-materials fee applies.

36. Good-Faith Dispute Resolution

Before filing a lawsuit relating to the quality of detailing services or an alleged vehicle damage claim, both parties agree, when reasonably practicable, to:

1. provide the other party written notice of the dispute;
2. describe the requested resolution;
3. provide relevant supporting information;
4. allow a reasonable opportunity for inspection where physical damage is alleged;
5. attempt in good faith to resolve the matter informally.

This section does not prevent either party from seeking emergency relief, preserving a legal claim before a deadline, contacting an insurer, disputing a payment through lawful channels, or exercising any other non-waivable legal right.

This Agreement does not require mandatory arbitration unless Customer and Apex later separately agree to arbitration in writing.

37. Photography, Video, and Marketing Permission

38. Communications

Customer authorizes Apex to contact Customer regarding the booked service through reasonable methods including telephone, SMS or text message, email, and booking-system notifications.

Service-related communications may include appointment confirmations, arrival notifications, questions concerning the vehicle, additional-work authorization requests, payment notifications, rescheduling information, and service follow-up.

Message frequency varies with the appointment, and message and data rates may apply. Customer may request that texts stop by replying STOP where supported or contacting Apex at (224) 573-8806 or apexcaremw@gmail.com; HELP or those contacts may be used for assistance. Apex will honor legally effective revocations through reasonable methods. Customer may arrange an alternate contact method. Stopping messages does not itself cancel an appointment, and a canceled appointment does not justify continuing unnecessary automated messages.

Consent to service-related communications does not, by itself, constitute consent to receive unrelated promotional text messages where separate consent is required by law.

39. Force Majeure and Circumstances Beyond Reasonable Control

Apex will not be considered in breach of this Agreement for reasonable delay or inability to perform caused by events beyond Apex's reasonable control, including severe weather, natural disasters, government restrictions, utility outages, road closures, emergency conditions, equipment failure despite reasonable maintenance, sudden illness, product shortages, or similar events.

Where practical, Apex will offer rescheduling or another reasonable solution.

40. Third-Party and Manufacturer Warranties

Certain coatings, products, accessories, or materials may include warranties issued by their manufacturers.

Any manufacturer's warranty is separate from this Agreement and governed by the manufacturer's own terms.

Apex does not create or extend a manufacturer's warranty unless Apex expressly states otherwise in writing.

41. Governing Law and Venue

This Agreement, every booking or transaction, Customer's use of the Booking Platform, and every dispute or claim arising from or relating to them will be governed by and construed under the laws of the State of Illinois, without regard to conflict-of-law principles, except to the extent controlling federal law applies.

To the fullest extent permitted by applicable law, judicial proceedings arising from or relating to this Agreement, the Booking Platform, a booking, payment, or services must be brought in a state court of competent jurisdiction in Lake County, Illinois, or, if federal subject-matter jurisdiction exists, in the United States District Court for the Northern District of Illinois. Each party consents to those courts' personal jurisdiction, subject to non-waivable legal protections. This clause does not create federal jurisdiction or prevent a consumer from using another small-claims or other forum when applicable law protects that choice.

Nothing in this section deprives a consumer of a venue, forum, remedy, or protection that cannot lawfully be waived. If applicable law requires a dispute to be heard in another forum, that requirement controls only to the extent required by law.

42. Severability

If any provision of this Agreement is found invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the minimum extent reasonably necessary to make it enforceable where permitted.

If it cannot be made enforceable, that provision will be severed.

The remaining provisions will continue in effect to the extent legally permitted.

43. No Waiver

Apex's failure to enforce a provision of this Agreement on one occasion does not permanently waive Apex's right to enforce that provision later.

Likewise, Customer's failure to immediately exercise a right does not constitute waiver except where applicable law provides otherwise.

44. Headings

Section titles and headings are provided for convenience and readability.

They do not independently modify the meaning of the substantive provisions.

45. Entire Agreement

This Agreement, including its Booking Platform terms, together with the applicable booking confirmation, selected service description, written estimate, invoice, approved add-ons, approved change orders, and any service-specific written terms, constitutes the agreement between Customer and Apex concerning the Booking Platform, the booking, the transaction, and the booked services.

Statements made in advertisements, social-media content, informal discussions, or other communications do not modify this Agreement unless expressly incorporated into the booking or confirmed in writing.

This integration clause does not erase an express promise, warranty, legally binding representation, or liability for misleading advertising that applicable law preserves. An invoice or automated confirmation cannot unilaterally add a fee, waiver, or other material term that Customer did not accept.

If a service-specific written term directly conflicts with a general term in this Agreement, the more specific written term will control for that particular service to the extent of the conflict.

46. Modifications to This Agreement

Apex may update the standard form of this Agreement for future bookings.

The version accepted by Customer at the time of the applicable booking governs that booking unless Customer and Apex subsequently agree to a modification.

Apex will not retroactively replace an accepted agreement with materially different terms without Customer's consent.

47. Electronic Records and Electronic Consent

Customer agrees that this Agreement may be presented, accepted, signed, and retained electronically.

Customer understands that actions demonstrating intent to accept may include checking an acceptance checkbox, clicking a button stating that Customer agrees, proceeding with payment after checking an agreement box, or another electronic process clearly associated with this Agreement.

Customer agrees that an electronic copy of this Agreement may serve as the parties' record of acceptance.

Where reasonably available, Customer may download, print, save, or request a copy of the Agreement.

Apex may retain electronic records showing the Agreement version accepted, Privacy Policy version acknowledged, the exact or substantially similar acceptance text displayed, Customer's name, Customer's contact information, booking information, date and time of acceptance, transaction or booking identifier, selected services, payment records, IP address or device/session information where available, checkbox state, marketing consent status, and other reasonable evidence of acceptance.

48. Electronic Acceptance

This Agreement is intended to be accepted electronically as part of Apex Surface Care & Detailing's booking or payment process.

Before Customer is permitted to complete payment, Customer will be provided access to this Agreement and required to affirmatively indicate acceptance.

By selecting the required acceptance checkbox and proceeding with payment, Customer confirms that Customer:

1. has been given access to this Agreement before completing the transaction;
2. has had the opportunity to read and review this Agreement;
3. agrees to be bound by all terms contained in this Agreement, including the Booking Platform terms, indemnification provision, limitations of liability, and governing-law and venue provisions;
4. represents that Customer owns the vehicle or has authority from the owner to authorize the selected services;
5. authorizes Apex Surface Care & Detailing to perform the selected services;
6. authorizes reasonable access to and operation of the vehicle as described in this Agreement;
7. acknowledges the limitations, risks, payment terms, cancellation terms, refund provisions, damage-claim provisions, liability provisions, Booking Platform terms, and Privacy Notice contained in this Agreement;
8. intends Customer's electronic acceptance to have the same effect as signing a written agreement.

Apex may maintain electronic records associated with Customer's acceptance, including the applicable Agreement version, Privacy Policy version, booking or transaction identifier, selected services, date and time of acceptance, payment information associated with the transaction, checkbox state, the acceptance language displayed, and other information reasonably necessary to establish the transaction and Customer's acceptance.

The version of this Agreement presented to Customer at the time of acceptance will govern that transaction unless Customer and Apex subsequently agree otherwise.

49. Booking Platform and Online Services

The Booking Platform includes any Apex website, web application, customer portal, online scheduler, availability calendar, booking form, checkout page, payment flow, database, application programming interface, text or email notification system, and related software or service used to request, schedule, manage, pay for, or communicate about services.

The Booking Platform may be operated partly by Apex and partly by third-party providers. Apex may change, replace, add, or remove providers or technical components without amending this Agreement, provided that a change does not retroactively alter the material terms accepted for an existing confirmed booking.

Customer receives a limited, revocable, nonexclusive, nontransferable right to use the Booking Platform solely to evaluate, request, purchase, and manage Apex services for lawful personal or authorized business purposes. No ownership interest in the Booking Platform or its content is transferred to Customer.

50. Booking Requests, Temporary Holds, and Confirmation

Displaying an available time does not guarantee that the time will remain available. Availability may change because of simultaneous requests, temporary holds, travel requirements, staffing, weather, service duration, vehicle condition, payment status, software synchronization, or other operational considerations.

Starting a booking, placing a time in a cart, receiving an automated message that a request was received, or beginning payment does not by itself create a confirmed appointment. Unless Apex expressly states otherwise, an appointment becomes confirmed only after:

1. Customer submits all required booking information;
2. Customer affirmatively accepts the required Agreement checkbox;
3. any required deposit, preauthorization, or payment is successfully completed;
4. the Booking Platform or Apex issues a final booking confirmation containing a booking identifier or equivalent confirmation record.

If payment succeeds but the appointment cannot be confirmed because of a duplicate booking, system error, or unavailable time, Apex may offer a replacement time or refund the amount collected for the unconfirmed booking. A pending card authorization may be released by the payment processor rather than refunded and may remain visible temporarily according to the card issuer's procedures.

Customer need not accept a replacement time. If no replacement is agreed, Apex will refund the unconfirmed booking payment under Section 30. Submission of a contact form, quote request, or service inquiry is not appointment confirmation, does not authorize a charge, and does not alone authorize work or signify acceptance of this Agreement. For an inquiry converted into a booking, Apex will provide the agreed services, price, appointment details, applicable cancellation terms, and this Agreement for affirmative acceptance before payment or service. Guest checkout does not require creation of an account. Customer email may be optional where the flow supports a text or downloadable confirmation.

Apex may use a reasonable fraud, authorization, service-area, travel-time, safety, or operational review before final confirmation. Apex may decline or cancel a request that cannot reasonably be fulfilled, subject to refunding amounts collected for services not performed except for any separately authorized and properly disclosed nonrefundable amount.

51. Customer Information, Authority, and Account Security

Customer must provide current, complete, and accurate information reasonably requested by the Booking Platform, including contact information, service location, vehicle information, selected services, access instructions, and material vehicle or worksite conditions.

Customer is responsible for reviewing the booking summary before payment and promptly correcting errors. Apex is not responsible for delay, failed access, missed communications, or incorrect service preparation caused by inaccurate, incomplete, outdated, or misleading information supplied by Customer.

If the Booking Platform offers an account, passwordless sign-in, verification code, or customer portal, Customer is responsible for protecting access credentials and devices and for promptly notifying Apex of suspected unauthorized access. Customer may not impersonate another person, use another person's payment method without permission, or book services for a vehicle, property, or location without authority.

Customer is responsible for activity performed through Customer's account or verified contact method to the extent that activity was authorized by Customer or resulted from Customer's failure to use reasonable care in protecting access credentials. This section does not make Customer responsible for unauthorized activity caused by Apex's breach of an applicable legal duty.

52. Pricing, Service Descriptions, Discounts, and Errors

Prices, estimated durations, service descriptions, packages, promotions, and availability displayed on the Booking Platform may be changed prospectively. The terms shown in the final booking summary and confirmation control the confirmed transaction, subject to approved add-ons or change orders.

Promotional codes, credits, referral benefits, and discounts may be subject to stated expiration dates, eligibility requirements, service restrictions, minimum purchases, one-use limits, and non-combinability rules. They have no cash value unless applicable law requires otherwise.

Apex may correct an obvious typographical, calculation, display, configuration, or software error before services are performed. If a material error affects a confirmed booking, Apex will notify Customer and allow Customer to accept the corrected term or cancel the affected booking for a refund of amounts paid for unperformed services. Apex will not knowingly use this provision to impose a hidden price increase after Customer has paid.

53. Online Payments, Authorizations, and Payment Processors

Online payments may be processed by Stripe or another third-party payment processor. Apex may receive transaction status, payment method type, billing contact information, risk indicators, payment tokens, and limited payment metadata, but Apex does not necessarily receive or store the complete payment-card number.

By submitting a payment method, Customer represents that Customer is authorized to use it and authorizes the applicable processor and Apex to charge all amounts clearly disclosed and accepted for the transaction, including an authorized deposit, prepayment, approved add-on, approved change order, or properly disclosed fee.

Card verification, temporary authorization holds, processor review, bank review, and settlement timing are controlled partly by third parties. Apex is not responsible for a bank's or processor's independent decline, hold, reversal, account restriction, or timing decision, but Apex remains responsible for accurately submitting charges authorized by Customer and for correcting charges Apex determines were submitted in error.

Apex may use payment tokens or processor-supported card-on-file functionality only as disclosed during the transaction and only for amounts Customer has authorized or amounts that applicable law permits Apex to collect. Merely providing a card does not authorize undisclosed charges.

54. Electronic Communications and Delivery

Customer agrees that booking confirmations, reminders, receipts, service updates, change-order requests, payment notices, rescheduling messages, and other transaction-related communications may be delivered electronically to the email address, telephone number, account, or device Customer provides.

Automated messages may be delayed, filtered, blocked, duplicated, or misdirected by carriers, email providers, device settings, or third-party systems. Customer remains responsible for reviewing the final confirmation and contacting Apex when Customer reasonably believes a material booking message was not received.

Marketing communications are separate from required transaction messages. Where law requires separate consent for promotional email or text messages, Apex will request that consent separately, and Customer's decision not to consent will not prevent Customer from purchasing services.

55. Third-Party Providers, Links, and Platform Availability

Apex may use third-party providers for hosting, scheduling, databases, authentication, payment processing, email, text messaging, analytics, mapping, fraud prevention, customer support, and other operational functions. Those providers may process information on Apex's behalf or, for certain functions such as payment processing, under their own terms and privacy notices.

The Booking Platform may contain links to third-party websites or services. Apex does not control and is not responsible for unrelated third-party content, terms, privacy practices, accessibility, security, or availability. A link does not by itself constitute Apex's endorsement of every third-party statement or practice.

Apex does not warrant that the Booking Platform will be uninterrupted, error-free, or available at every time or on every device. Apex may suspend access for maintenance, security, legal compliance, fraud prevention, upgrades, provider outages, or events beyond reasonable control.

To the fullest extent permitted by law, Apex is not liable for losses caused solely by the independent act, omission, outage, or security failure of a third-party provider that Apex did not direct and could not reasonably prevent. This provision does not excuse Apex from duties imposed on Apex by applicable law, including duties concerning vendor selection, data security, authorized charges, or breach notification.

56. Acceptable Use and Customer-Submitted Content

Customer may not use or attempt to use the Booking Platform to:

1. violate any law or another person's rights;
2. submit false, fraudulent, harassing, threatening, defamatory, infringing, or unlawful material;
3. obtain unauthorized access to an account, system, record, booking, payment method, or nonpublic area;
4. introduce malware, malicious code, or harmful content;
5. interfere with the Platform's operation, security, availability, or integrity;
6. scrape, crawl, probe, reverse engineer, overload, or automate access except through functionality Apex intentionally provides or as applicable law permits;
7. create fraudulent bookings, abuse promotions, test stolen payment credentials, or evade security or rate limits;
8. upload content Customer lacks authority to provide.

Customer retains ownership of information, photographs, messages, and other content Customer submits. Customer grants Apex a nonexclusive, worldwide, royalty-free license to host, copy, transmit, display internally, and otherwise process that content only as reasonably necessary to operate the Booking Platform, provide services, maintain records, prevent fraud, resolve disputes, comply with law, and carry out any separate permission Customer grants. This operational license does not by itself authorize public marketing use of Customer content.

Apex may remove or restrict access to content or activity that Apex reasonably believes violates this Agreement, presents a security risk, infringes another person's rights, or is unlawful.

57. Privacy Notice

The separately published Apex Privacy Notice explains collection, purposes, disclosures, retention, and choices for personal information. It is provided before information is submitted, including inquiry forms. Acknowledging the notice is not blanket consent to unrelated uses, optional marketing, or a waiver of privacy rights. Apex's commitments in that notice are not diminished by this Agreement.

58. Customer Indemnification

To the fullest extent permitted by applicable law, Customer agrees to indemnify, defend, and hold harmless Vladimir Chukhray doing business as Apex and personnel acting on Apex's behalf from and against third-party claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and reasonable attorneys' fees arising from or relating to:

1. Customer's material breach of this Agreement;
2. Customer's unlawful, fraudulent, unauthorized, or abusive use of the Booking Platform or Apex's services;
3. Customer's lack of ownership, permission, or authority to book services for the vehicle, authorize vehicle access or operation, use the service location, submit content, or use a payment method;
4. information, instructions, photographs, content, or materials Customer submits that infringe, misappropriate, defame, or violate a third party's rights;
5. Customer's violation of applicable law or the rights of another person;
6. a hazardous, illegal, or unsafe condition created, controlled, concealed, or knowingly left undisclosed by Customer at the vehicle or service location;
7. a claim by a vehicle owner, property owner, lienholder, employer, fleet operator, passenger, or other third party resulting from Customer's unauthorized instruction or material misrepresentation.

Customer's indemnification obligation applies only to the extent Customer's listed conduct caused the third-party claim. It does not apply to the extent caused by Apex's own negligence, breach of this Agreement, fraud, intentional misconduct, willful and wanton misconduct, or violation of law. Customer will not be required to indemnify Apex for a liability that applicable law prohibits shifting, for Customer's good-faith complaint or lawful review, or merely because Customer used the services. Regulatory fines or penalties are included only where lawful to indemnify and attributable to Customer's covered conduct.

Apex will provide reasonably prompt notice of an indemnified claim, subject to Customer not being relieved of obligations except to the extent a material delay causes actual prejudice. Apex may participate in the defense with counsel of its choice at its own expense. Customer may not settle a claim in a manner that admits wrongdoing by Apex, imposes a nonmonetary obligation on Apex, or fails to provide Apex a complete release without Apex's prior written consent, which will not be unreasonably withheld.

59. Platform Disclaimers

Except for express commitments stated in this Agreement and any warranty that cannot lawfully be disclaimed, the Booking Platform is provided on an "as available" basis. Apex does not guarantee that every displayed appointment, estimated duration, route, message, price, or technical status will remain current or error-free.

Information on the Booking Platform is general service information and is not a substitute for an in-person inspection of the vehicle. An online estimate or automated recommendation may change when the actual condition, size, materials, contamination, access, or requested scope differs from the information provided during booking.

The disclaimers in this section are subject to the limitations and non-waivable rights stated elsewhere in this Agreement.

60. Order of Precedence for Online Transactions

If documents for a particular transaction conflict, the following order controls only to the extent of the direct conflict:

1. a later written change order or service-specific term expressly accepted by both Customer and Apex;
2. the final booking confirmation or invoice for transaction-specific facts such as selected services, price, location, and appointment time;
3. this Agreement;
4. general website descriptions or promotional materials.

The Privacy Notice governs Apex's general handling of personal information, while a point-of-collection notice may provide more specific information for a particular data practice. A more protective requirement imposed by applicable law controls over a conflicting provision.