General Terms of Use and Legal Information
These general terms of use and legal information (hereinafter referred to as “General Terms”) apply to the website of ISBAES LLC. (hereinafter, 4 LABS DETAIL), whose domain is www.4labsdetail.com, and to the corresponding mobile application.
Through these General Terms, 4 LABS DETAIL makes available to users (hereinafter referred to as User or Users) the website and mobile application 4 LABS DETAIL (hereinafter collectively referred to as the Platform).
In compliance with regulatory requirements, the following identifying data of the site owner are provided:
- Company name: ISBAES LLC
- Registered office: 1549 NE 123TH STREET NORTH MIAMI US FL 33161, United States.
- Tax Identification Number (NIF): 87-4503910
1. Purpose
4 LABS DETAIL is a company whose main activity is acquiring customers for on-site vehicle washing performed by certified professionals. For this purpose, it has a technological platform through which, via a mobile app or a website (hereinafter, the APP), it allows interested persons to contract services related to vehicle cleaning as well as to reserve the day, time, and place for the service to be carried out. Currently, the Application is exclusively directed to users residing in Mallorca. Users residing or domiciled in any other location and who decide to access and/or use this Application do so at their own responsibility and risk, and must ensure that such access and/or use complies with applicable local legislation.
By accessing and using this Application and Website, you (“User”) acknowledge that you have read and accepted these General Terms of Use and agree to comply with all its terms and conditions. Furthermore, the User acknowledges and accepts that access and use of this Application and/or Website will be subject to the General Terms of Use in force at the time of access. 4 LABS DETAIL reserves the right to modify these General Terms of Use at any time, as well as any other general or specific terms that may be applicable. The User may notify 4 LABS DETAIL via the email [email protected] that they do not accept any potential modification of these General Terms. Additionally, 4 LABS DETAIL reserves the right to suspend, interrupt, or cease operating the Application and/or the Website at any time.
Moreover, the term Cleaner, as used in this document, refers to the network of vehicle washers who are independent professionals collaborating with 4 LABS DETAIL and are committed to carrying out the washing service commissioned by the Client as mentioned in the mandate.
Throughout these General Terms of Use, we will refer to Clients as Users.
Contents
Through the Application, 4LABS DETAIL provides the User with a vehicle washing service (hereinafter, the “Service”). The Application and/or Website provides the User access to various contents, information, and data provided by 4LABS DETAIL in relation to the Vehicle Washing Service (hereinafter, the “Contents”). 4LABS DETAIL reserves the right to modify at any time the presentation, configuration, and location of the Application and/or Website, as well as the corresponding conditions of access and use. 4LABS DETAIL does not guarantee that the Contents provided through the Application and/or Website will always be correct, complete, or up-to-date.
Terms of Use
Access to the Platform, and the voluntary creation of a profile by the User, implies knowledge and the explicit and unequivocal acceptance of these General Terms, the Privacy Policy, and the Cookie Policy by all Users.
Access and Registration for Clients
In order to be a Client of the Platform, it is essential that the following requirements are met:
- Be at least 18 years of age.
- Truthfully complete the mandatory fields in the registration form, which requests personal data such as username, ID number (DNI/CIF), email address, telephone number, and bank card number.
- Accept these Terms of Use.
- Accept the Privacy and Data Protection Policy.
- Accept the Cookie Policy.
The User acknowledges and agrees that access to and use of the Application and/or Website takes place freely and consciously, under their sole responsibility. 4LABS DETAIL will not be liable for the use that the User and/or third parties may make of the Application and/or Website, nor for any damages that may arise from it. The User commits to using the Application and/or Website appropriately and lawfully in accordance with applicable legislation and these General Terms of Use. The User must refrain from (i) making unauthorized or fraudulent use of the Application and/or Website; (ii) accessing or attempting to access restricted resources of the Application and/or Website; (iii) using the Application and/or Website for illegal, unlawful purposes, contrary to what is established in these General Terms of Use, harmful to the rights and interests of third parties, or in any way that can damage, disable, overburden, or impair the normal use or enjoyment of the Application and/or Website; (iv) causing damage to the Application and/or Website or to the systems of its providers or third parties; (v) introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the systems of 4LABS DETAIL, its providers, or third parties; (vi) attempting to access, use, and/or manipulate the data of 4 LABS Detail, third-party providers, and other users; (vii) reproducing, copying, distributing, transforming, or modifying the Contents, allowing access to third parties through any form of public communication, unless authorized by the holder of the corresponding rights or it is legally permitted; (viii) obtaining or attempting to obtain the content using means or procedures other than those, as the case may be, that have been made available for this purpose.
The User may only access the Application and/or Website through authorized means. 4LABS DETAIL will not be responsible if the User does not have a compatible device or has downloaded a version of the Application that is incompatible with their device.
The User guarantees that all data regarding their identity and legitimacy provided to 4LABS DETAIL in the registration forms of the Platform are truthful, accurate, and complete. Furthermore, they commit to keeping their data up to date.
In the event that the User provides any false, inaccurate, or incomplete data, or if 4LABS DETAIL considers that there are justified reasons to doubt the truthfulness, accuracy, and completeness of the data, 4LABS DETAIL may deny them current or future access to and use of the Platform or any of its contents and/or services.
Upon registering on the Platform, the User will select a username and a password. Both the username and the password are strictly confidential, personal, and non-transferable.
The User agrees not to disclose their account details or make them accessible to third parties. The User will be solely responsible in case of use of such data by third parties, including statements made on the Platform, or any other action carried out using the username and/or password.
4LABS DETAIL cannot guarantee the identity of registered Users, therefore, it will not be responsible for the use of a registered User’s identity by unregistered third parties. Users are obliged to immediately inform 4LABS DETAIL of the theft, disclosure, or loss of their username or password, communicating it through the Contact section.
Profile
Access to the Application will always be subject to prior registration of the User by completing the corresponding form (“Register now”), which will be provided to the User in advance. 4LABS DETAIL reserves the right to freely accept or reject the User’s registration request. The data entered by the User in the Registration Form must be accurate, current, and truthful at all times, and will include the User’s ID number. Access to and use of the Application or the specific area of the Website will be subject to a password assigned to the User by 4LABS DETAIL when filling out the Registration Form, and access will be deemed to have been made by said User, who will be responsible at all times for such access and use. The User will be responsible at all times for the custody of their password, assuming, therefore, any damages that could arise from its misuse, as well as the transfer, disclosure, or loss of the same. In case of forgetting the password or any other circumstance that poses a risk of access and/or use by unauthorized third parties, the User must immediately communicate it to 4LABS DETAIL so that it can immediately proceed to block and replace it. In any case, any operations carried out before such communication will be considered carried out by the User, who will be responsible and will pay the expenses and/or damages derived from any unauthorized access and/or use that occurs prior to such communication.
Theft or misappropriation of the credit card
As 4LABS DETAIL cannot guarantee the identity of registered Users, Users are obliged to inform 4LABS DETAIL in those cases where they are aware that the credit card associated with their profile at 4LABS DETAIL has been stolen, and/or is being used fraudulently by a third party. Therefore, since 4LABS DETAIL and its payment platform proactively protect Users with the appropriate security measures, in the case that the User does not inform 4LABS DETAIL of such theft, 4LABS DETAIL will not be responsible for the fraudulent use that third parties may make of the User’s account.
Operation of the service. Terms of the Mandate
When a User registered as a Client needs to wash their vehicle, they must go to the web platform or the corresponding application of 4LABS DETAIL and request the service through these telematic means.
The Client is solely responsible for the correct assignment of the addresses for carrying out the washing service on the Platform, thereby exempting 4LABS DETAIL and the Cleaner from any negligence or error in the execution of the order arising from the erroneous assignment of the addresses for carrying out the washing service. As a result, the Client must assume any contingencies arising from the incorrect assignment of the addresses for carrying out the service.
The Client must provide all the information, as detailed as possible, regarding the washing service they request from the Cleaner. For this purpose, they may enter comments they deem useful in the section “Is there anything we should know?”. The Client will have constant communication with 4LABS DETAIL, and can direct the Cleaner at any time to carry out the mandate as per the Client’s instructions.
The Client exempts 4LABS DETAIL and the Cleaner from any negligence or error in the instructions given for the performance of the service requested on their behalf. As a consequence, the Client will have to assume any potential consequences arising from the incorrect provision of the service instructions on the Platform (i.e., incorrect address, wrong product).
If the Client does not respond to calls, the Cleaner will wait 10 minutes before leaving in cases where the service cannot be performed due to lack of communication with the client.
Service Refund
If the Client wishes to make a claim about the performance of a service, they must directly contact the support section of the app or website. In the event of a refund of the service amount by 4LABS DETAIL to the Client, it will be 4LABS DETAIL who will decide the method of refund (transfer, credit card, voucher, etc.). Therefore, the refund of the amount for a service contracted by 4LABS DETAIL under the mandate given by the Client, will always be subject to the refund policy of 4LABS DETAIL.
Service Fees and Billing
Registration and use of the Platform for Clients is completely free. Charged fees will not be refundable.
The Client will only need to pay for each service requested through the Platform. The User, by registering on the Platform and providing the required banking information, expressly authorizes 4LABS DETAIL to process payments for the requested services.
The Client has the right to know the fee for their service before contracting and finalizing payment. It is recommended that the User periodically access the Application and/or Website to be aware of the applicable rates at any time. The fee for the washing service may vary when circumstances beyond the control of 4LABS DETAIL occur that lead to an increase in such a fee.
4LABS DETAIL reserves the right to change its prices at any time. The changes will take effect immediately upon their publication. The User expressly authorizes 4LABS DETAIL to send receipts for the contracted services and/or generated invoices electronically to the email address provided by them during the registration process. If an invoice is required, the user must add the tax details (ID or CIF, etc.) to the platform before placing the order.
Subsequent cancellation of the service by the user, in cases where a Cleaner has already been assigned, will entitle 4LABS DETAIL to charge the Client a fee for the services already initiated by the Cleaner. All this without prejudice to the Client’s right to request a new service.
It is strictly prohibited for a User to create multiple 4LABS DETAIL accounts or share an electronic payment method with other Users to improperly benefit from discounts and invitations, which is considered abusive use of them. Invitations and discounts will lose their value three months after their creation.
Payment Platform
The payment for the services made by the Clients is received in the accounts of 4LABS DETAIL through an Electronic Money Entity. The Electronic Money Entities are authorized to provide regulated payment services in all the territories in which 4LABS DETAIL operates and comply with the current regulations on payment services for Platforms like 4LABS DETAIL. If you have any doubts regarding the payment gateway used by 4LABS DETAIL, the following Contact Form is available to you.
8. Price of the services listed on the Platform
All prices indicated on the Platform include taxes that may be applicable depending on the territory from which the User operates and will always be expressed in the currency current in the territory from which the User operates.
In accordance with the previous Clause 6, the prices applicable to each service will be those published on the Platform subject to the particulars stated and applied automatically in the contracting process at its final stage. The Client may communicate with the Cleaner to confirm the final price of the requested products.
For any information about the requested order, the User will contact 4LABS DETAIL through the Contact section on the web and app either via email indicating the reason in the subject of the same or by telephone.
The Client may be in direct contact with the Cleaner from the contracting of the service until its execution and afterwards.
Intellectual and Industrial Property Rights
The User acknowledges and agrees that all intellectual and industrial property rights over the contents and/or any other elements inserted in the Application and/or Website (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio and video) belong to 4LABS DETAIL. 4LABS DETAIL authorizes the User to use, view, print, download, and store the contents and/or elements inserted in the Application and/or Website exclusively for their personal, private, and non-commercial use, refraining from carrying out any act of decompilation, reverse engineering, modification, disclosure, or supply. Any other use or exploitation of any contents and/or other elements inserted in the Application and/or Website other than those expressly provided for here shall be subject to prior authorization by 4LABS DETAIL.
Data Protection
The personal data (hereinafter, “Data”) that the User provides through the Registration Form will be integrated into a personal data file for which 4LABS DETAIL is responsible. For more information, consult the Privacy Policy.
Right of withdrawal and cancellation of Reservations and orders
The User may cancel an order for free as long as payment has not been made through the Web or the App. Given the nature of the service offered by 4LABS DETAIL, the User is aware that once the payment is made, a Cleaner is assigned to the requested washing service, it is considered that the execution of the service mandate has begun, and therefore the User will not have the right to withdraw from the service request for free.
Therefore, if the User cancels an order that has already been assigned to a Cleaner, the Platform will generate a cost of 100% of the basic delivery service as a cancellation cost for the User.
In the case that the Client has incorrectly indicated the address for the performance of the service, they may assign a new address at any time provided that it is within the same city as the initial order and within the scope of the Cleaner. If it is located in another city or area than initially indicated, it cannot be changed to be delivered in a new city, and the order will be canceled, with the Client having to assume the costs generated as established in this clause.
4LABS DETAIL reserves the right to cancel an order without the need to allege just cause. In the event of cancellation instigated by 4LABS DETAIL, the User will have the right to a refund of the amount paid.
4LABS DETAIL has official complaint forms available to consumers, for the purpose of the service offered by 4LABS DETAIL. These complaint forms can be requested by the consumer through the Contact Form and will automatically provide the option to access them. The consumer must specify in the email the exact location from which the request is made, which must coincide with the place of performance of the service; in case of doubt, this will be the place where the complaint must be lodged.
Special conditions of the washing service through 4 LABS Detail
The Client has the option to request through the Platform the in-person acquisition by the Cleaner of a series of services related to vehicle washing. The Client can select through a menu within the Platform, a series of predetermined options where the characteristics and price of the offered services are indicated.
Once the Client selects one of the options, they may also complete the order through a free text space to incorporate more detailed information or instructions for the Cleaner in charge of carrying out the service.
The Client is aware and accepts that the descriptions and, where applicable, the prices of the services offered on the Platform are based on the information and documentation provided by 4LABS DETAIL.
Furthermore, the Client accepts that all services reflected on the 4LABS DETAIL platform are subject to the availability of 4LABS DETAIL
4LABS DETAIL reserves the right to withdraw any service from its platform, as well as to modify the content of its listing at any time, without being attributed any responsibility.
Same-day deliveries
- The service can be performed as long as the following conditions are met at the time of payment of the order:
- The service is operational for the chosen time slot.
- The service to be performed must be located within one of the cities and within the enabled space in which 4 LABS Detail operates.
Price and payment method
The price of the service will be indicated through the Platform.
The Client will have continuous contact with the Cleaner, who will act on their behalf in carrying out the contracted vehicle washing services, so any change or variation will be communicated by the Cleaner prior to the execution of the mandate for the Client’s approval. If the Client wishes to make any comments about the order, they will always have the possibility to contact the Cleaner executing the granted mandate.
Similarly, during the payment gateway, the Client will be informed of the final price of the service and the approximate time of performance of the service according to the conditions of the service of 4 LABS Detail expressed above.
The Client can make the payment for the services through their credit card. Therefore, the Client must provide the details of the same through the platform as a payment method associated with their account. 4 LABS Detail does not store the card number on its servers and can only view the last four digits of it. The complete information will be stored on the servers of the payment service provider that makes the payments on behalf of 4 LABS Detail. Payment by credit card will not entail any extra cost for the Client. All this in accordance with the terms of the payment platform set out in Clause 6.1.
User obligations
Users are entirely responsible for accessing and properly using their profile and other contents of the Platform in accordance with the current legislation, whether national or international, of the Country from which they use the Platform, as well as the principles of good faith, morality, good customs, and public order. And specifically, they acquire the commitment to diligently observe these General Conditions of Use.
Users will refrain from using their profile and other contents of the Platform for unlawful purposes or effects that are harmful to the rights and interests of third parties, or in any way that can damage, disable, affect, or deteriorate the Platform, its contents, and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of the Platform by other Users.
4 LABS Detail cannot be considered an editorial responsible, and expressly declares that it does not identify with any of the opinions that may be issued by Users of the Platform, for which the issuer is entirely responsible.
Those who breach such obligations will be responsible for any damage or harm they cause. 4 LABS Detail will not be responsible for any consequence, damage, or harm that may result from such illegal access or use by third parties.
In general, Users undertake, by way of illustration and not exhaustively, to:
Not alter or modify, totally or partially, the Platform, bypassing, deactivating, or manipulating in any other way the functions or services of the same;
Not infringe industrial or intellectual property rights or regulatory standards of the protection of personal data;
Not use the Platform to slander, defame, intimidate, violate one’s own image, or harass other Users; – Not access the email accounts of other Users;
Not introduce computer viruses, faulty files, or any other software program that may cause damage or alterations to the contents or systems of 4 LABS Detail or third parties;
Not send emails massively and/or repetitively to a plurality of people, nor send third-party email addresses without their consent;
Not carry out advertising activities of goods or services without the prior consent of 4 LABS Detail.
Any User may report another User when they consider that they are breaching these General Conditions of Use, likewise, all Users can inform 4 LABS Detail of any abuse or violation of these conditions, through the Contact section. 4 LABS Detail will verify this report as soon as possible and will take the measures it deems appropriate, reserving the right to withdraw and/or suspend any User from the Platform for the breach of these General Conditions of Use. Likewise, 4 LABS Detail reserves the right to withdraw and/or suspend any message with illegal or offensive content, without prior notice or subsequent notification.
User deregistration
The User may deregister from the Platform by communicating it through an email through the email stated in the Contact section.
Responsibility of 4 LABS Detail
The User is responsible for having the services and equipment necessary for Internet browsing and access to the Platform. In the event of any incident or difficulty in accessing the Platform, the User may report it to 4 LABS Detail through the Contact section, which will proceed to analyze the incident and will provide instructions to the User on how to solve it in the shortest possible time.
4 LABS Detail does not control and is not responsible for the contents poured by Users through the Platform, these being the sole responsibility of the legal adequacy of such contents.
4 LABS Detail will not respond in case of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, nor for network interruptions or for any other reason beyond its control.
4 LABS Detail is not responsible for security errors that may occur nor for any damage that may be caused to the User’s computer system (hardware and software), the files, or documents stored therein, as a consequence of:
The presence of a virus in the computer system or terminal of the User that is used for connection to the services and contents of the Platform;
Poor functioning of the browser;
The use of non-updated versions of it.
Responsibility for contents
4 LABS Detail is not obligated to control and does not control the use that Users make of the Platform and, consequently, does not guarantee that Users use the Platform in accordance with the provisions of these General Conditions of Use, nor that they make a diligent and/or prudent use of the same. 4 LABS Detail is not obligated to verify and does not verify the identity of Users, nor the truthfulness, validity, completeness, and/or authenticity of the data that they provide.
4 LABS Detail excludes any liability for damages of any kind that may be due to the unlawful use of the Platform by Users or that may be due to the lack of truthfulness, validity, completeness, and/or authenticity of the information that Users provide to other Users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party carried out by a User in any kind of communication made through the Platform. In particular, 4 LABS Detail is not responsible for the use of the application as well as the orders that a third party may make from the User’s account.
Notwithstanding the foregoing, 4 LABS Detail reserves the right to limit, totally or partially, access to the Platform to certain Users, as well as to cancel, suspend, block or delete certain types of contents, through the use of technological instruments suitable for this purpose, if it has actual knowledge that the activity or information stored is unlawful or that it injures property or rights of a third party. In this sense, 4 LABS Detail may set the necessary filters in order to prevent through the service illegal or harmful content being poured into the network. The provision of contents by Users through the Platform will imply the assignment in favor of 4 LABS Detail of all the exploitation rights arising from the contents provided on the Platform.
“No guarantee” clause in services or payments
4 LABS Detail may occasionally conduct additional checks and implement procedures intended to help verify or check the identities of Cleaners. In this sense, when a User achieves the status of Cleaner it simply indicates that such user has completed the corresponding registration process and has accepted these General Conditions of Use and any other particular condition applicable to them. It does not imply nor certify the reliability, suitability, and/or security of 4 LABS Detail.
Therefore, 4 LABS Detail recommends to Clients to always use common sense and all their attention when delegating a service to a particular Cleaner.
As members of the Platform, Users accept that any legal liability they may wish to exercise as a result of actions or omissions of other Users of the Platform or third parties will be limited to such Users or third parties, with no liability action proceeding against 4 LABS Detail.
Updating and Modification of the Platform
4 LABS Detail reserves the right to modify, at any time and without prior notice, these General Conditions of Use, the Privacy Policy, and the Cookies Policy. Users must read these General Conditions carefully upon accessing the Platform. In any case, acceptance of the General Conditions will be a prior and indispensable step to access the services and contents available through the 4 LABS Detail platform.
Likewise, 4 LABS Detail reserves the right to perform, at any time and without prior notice, updates, modifications, or elimination of information contained in its Platform in its configuration and presentation and of the access conditions, without assuming any responsibility for it. 4 LABS Detail does not guarantee the absence of interruptions or errors in accessing the Platform or its content, nor that it is always updated, however, 4 LABS Detail will carry out, provided that there are no causes that make it impossible or difficult to execute, and as soon as it becomes aware of the errors, disconnections, or lack of updating in the contents, all those tasks aimed at rectifying the errors, re-establishing communication and updating the contents.
Intellectual Property
4 LABS Detail is the owner or licensee of all the intellectual and industrial property rights included in the Platform as well as over the contents accessible through it. The intellectual property rights of the Platform, as well as: texts, images, graphic design, navigation structure, information, and contents included therein are owned by 4 Labs Detail, who has the exclusive exercise of the exploitation rights of the same in any form and, especially, the rights of reproduction, distribution, public communication, and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.
The authorization to the User to access the Platform does not imply a renunciation, transmission, license, or total or partial transfer of intellectual or industrial property rights by 4 Labs Detail. It is not allowed to delete, bypass, or manipulate in any way the contents of the 4 Labs Detail Platform. Likewise, it is forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, treat, or distribute in any way all or part of the contents included in the Platform of 4 Labs Detail for public or commercial purposes, if you do not have the express written authorization of 4 Labs Detail or, where appropriate, of the holder of the corresponding rights.
The User who proceeds to share any type of content through the Platform, ensures that they hold the necessary rights to do so, leaving 4 Labs Detail exempt from any liability regarding the content and legality of the information provided. The provision of contents by Users through the Platform will imply the assignment in favor of 4 Labs Detail, free of charge, and with the maximum breadth permitted by current legislation, of the exploitation rights of intellectual or industrial property derived from such contents.
Independence of Clauses
If any of the clauses of these General Conditions is null and void or can be annulled, it shall be deemed unwritten. Such a declaration of nullity will not invalidate the rest of the Contract, which will maintain its validity and efficacy between the Parties.
Applicable Legislation
The relationship between 4LABS DETAIL and the User will be governed and interpreted in accordance with the General Conditions, which in terms of interpretation, validity and execution will be governed by Spanish legislation; and any controversy will be submitted to the Courts of Palma de Mallorca, unless the User requests the courts of their residence.
