Terms and Conditions
Effective Date: July 11, 2025
These Terms and Conditions govern access to and use of Nautilus, the customer engagement platform for car washes provided by Nautilus, Inc., a Delaware corporation (“Nautilus,” “we,” or “us”), including our web and mobile applications, the customer-facing pages and websites we host for our customers, and our website (together, the “Services”). They apply to the car wash businesses that use the Services (“you”), to the people you authorize to use them, and to visitors to our website.
If your business has signed a Nautilus Software as a Service Agreement, that agreement, including its order details and any exhibits, is your contract with us. These Terms and Conditions follow that agreement and do not add to or change it. If your signed agreement, these Terms and Conditions, and our Data Privacy page differ, your signed agreement controls, followed by these Terms and Conditions.
If you are a customer of a car wash that uses Nautilus, your relationship is with that car wash. Our Customer SMS Terms explain the messages you may receive.
1. Key Terms
“Customer Data” means information, data, and other content that you or your Authorized Users submit, post, or transmit through the Services, including information about your customers such as names, addresses, email addresses, account numbers, and phone numbers. “Authorized Users” means you, your employees and agents, and the customers you authorize to use the Services. Your “Business” means the car wash services you provide.
2. Access and Support
During your subscription, we grant you a non-exclusive, non-transferable right to access and use the Services, solely for use by your Authorized Users in connection with your Business. We provide the technical infrastructure needed to host and deliver the Services and use commercially reasonable efforts to maintain their security and availability. We may modify, improve, add, or discontinue features, as long as the overall functionality of the Services you subscribe to is not materially reduced.
We provide support by email at support@nautilus.co. Additional services, such as custom work, are available on terms we agree with you in writing.
3. Your Responsibilities
You are responsible for the content, data, and other materials you use or process through the Services; for the accuracy, quality, and legality of your Customer Data and the way you obtain it; for making sure your Authorized Users use the Services in compliance with all applicable laws; and for promptly telling us about any suspected or alleged violation of these terms by an Authorized User.
4. Use Restrictions
You may not use the Services beyond the access granted to you. You may not, and may not allow any Authorized User to, copy, modify, or create derivative works of the Services; rent, lease, lend, sell, license, sublicense, distribute, or otherwise make the Services available to anyone else; reverse engineer, decompile, or otherwise try to derive the source code of any part of the Services; or remove any proprietary notices from the Services.
5. Text Messaging
You, not Nautilus, are the sender of every text message (SMS or MMS) sent through the Services for purposes of the Telephone Consumer Protection Act (“TCPA”), the CAN-SPAM Act, and all other communications laws. You are responsible for obtaining every consent the law requires before messaging anyone, for the content of your messages, for verifying that each phone number you provide is authorized to receive messages, and for complying with federal and state telemarketing laws, the TCPA, consumer protection laws, and industry standards.
At your direction, Nautilus provides the technical infrastructure for your campaigns, formats and sends your messages, and provides the mechanism that lets recipients opt out. When a recipient replies STOP, the Services record the opt-out and stop further marketing and notification texts sent through Nautilus to that number, including from other Nautilus customers. We track delivery, response, opt-in, and other engagement data for your campaigns on your behalf and share it with you on request. Nautilus is not liable for claims, damages, or penalties that result from a failure to obtain proper consent or from non-compliant message content.
Your agreement sets a monthly limit on SMS segments. Each MMS message counts as three (3) SMS segments. Messages sent above your limit with your approval are charged at the overage rate in your agreement. You are also responsible for carrier charges for your messages, billed monthly at the carriers’ current rates.
6. Email
You are the sender of every email sent through the Services for purposes of the CAN-SPAM Act and all other applicable laws. You are responsible for your email content, for obtaining any required consents, and for including the disclosures and unsubscribe mechanism the law requires. The Services provide unsubscribe functionality, but you remain responsible for making sure your unsubscribe process is lawful and works. You may send a reasonable volume of email consistent with normal business operations. If your volume materially exceeds industry-standard usage or places an undue burden on our infrastructure, we may set limits or charge overage fees after giving you 30 days’ written notice.
7. Online Payments and Memberships
When you sell memberships, washes, or other products online through the Services, payments are processed by a third-party payment processor that we select. Card details entered online are captured in secure payment fields from the processor or our encryption partner and encrypted before they are submitted, and Nautilus does not store them in readable form. You are responsible for your membership and billing practices, for the accuracy of your membership and payment data, and for complying with the laws that apply to them. Nautilus is not liable for membership or billing disputes, unauthorized or fraudulent charges, or claims relating to the payment processor, except to the extent caused by our gross negligence or willful misconduct.
8. Customer Records
The Services let you store, organize, and manage information about your customers and their interactions with your Business. You decide what information to collect and how to use it, and you are responsible for complying with data protection and privacy laws, including giving any required notices and obtaining any required consents. Nautilus does not verify the accuracy or legality of the data you or your Authorized Users put into the Services.
9. Connected Systems
Your point-of-sale system, payment processor, review sites, and other third-party systems are provided by their own vendors under your agreements with them. When you connect one to the Services, we access it on your behalf, with the credentials or permissions you provide, to provide the Services. Those systems are not part of the Services, and the warranty in Section 17 does not cover their availability, accuracy, or changes.
10. AI Features
Some features use artificial intelligence. We may set usage limits on AI features, such as limits on the number of requests, data volume, or processing time, and adjust them with written notice to you. If you exceed a limit, we may charge overage fees at our current rates, restrict AI features until your next billing period, or suspend them if your usage materially affects the performance or security of the Services. AI output can be inaccurate, so review it before relying on it. You are responsible for making sure that what you enter into AI features, and what they produce for you, complies with the law and your agreement.
11. Fees and Payment
Your fees, allowances, and overage rates are set out in your agreement. Under our standard agreement, we invoice no more often than monthly and invoices are due within 15 days of receipt. Late amounts may accrue interest at 1.5% per month, or the highest rate the law allows if lower, and you are responsible for reasonable costs of collecting them. If a payment is 15 or more days late, we may suspend the Services until all past-due amounts are paid. Fees do not include taxes, and you are responsible for sales, use, excise, and similar taxes, other than taxes on our income.
Any fee adjustment is made as described in your agreement, with at least 30 days’ written notice, and takes effect on the first day of the month after the notice period ends. If we cannot agree on a new fee, the agreement may be ended.
12. Your Data
As between you and Nautilus, you own your Customer Data. You grant Nautilus a non-exclusive, royalty-free license to reproduce, distribute, use, and display Customer Data solely as needed to provide the Services to you. Nautilus may collect, aggregate, and anonymize Customer Data so that it no longer identifies you or any individual (“Aggregated Data”) and may use Aggregated Data for any lawful business purpose, including benchmarking, analytics, industry reporting, product improvement, and marketing, during and after your subscription.
13. Security and Privacy
We protect Customer Data as described on our Data Privacy page, which explains our role as your service provider, how we use and share Customer Data, the safeguards we maintain, how we handle security incidents, and how you can get a copy of your Customer Data or have it deleted.
14. Confidentiality
Each party may share non-public business information with the other. The receiving party will keep it confidential and disclose it only to its employees who need it to perform under your agreement, except where disclosure is required by law or court order (after giving notice and making a reasonable effort to obtain a protective order) or is needed to establish its rights. When the relationship ends, the receiving party will return or destroy the other party’s confidential information. These obligations last five years from disclosure, and for trade secrets, for as long as they remain trade secrets. Information that is public, already known to the receiving party, rightfully received from someone else without a duty of confidentiality, or independently developed is not confidential information.
15. Intellectual Property and Publicity
Nautilus owns the Services and all related intellectual property, and nothing in these terms transfers that ownership to you. You grant Nautilus a non-exclusive, royalty-free license to use your name, logo, and trademarks to identify you as a customer in our marketing materials, website, and social media, following any brand guidelines you give us. Either party may end this permission with 30 days’ written notice.
16. Term and Termination
Your subscription term is set out in your agreement and renews automatically for the same length unless either party gives written notice of non-renewal at least 30 days before the current term ends. If your agreement is month to month, either party may end it for any reason with 30 days’ written notice. Either party may end the agreement if the other materially breaches it and does not cure the breach within 30 days after written notice, or immediately if the other party becomes insolvent or enters bankruptcy, receivership, or a similar proceeding. Nautilus may also end the agreement if invoices are paid late more than twice in a term.
When the agreement ends, each party must stop using the other party’s intellectual property. You can get a copy of your Customer Data and ask us to delete it, as described on our Data Privacy page.
17. Warranty and Disclaimers
Nautilus warrants that during your subscription the Services will conform in all material respects to the specifications in your agreement.
EXCEPT FOR THAT WARRANTY, THE SERVICES ARE PROVIDED “AS IS,” AND NAUTILUS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WIRELESS CARRIERS MAY FILTER, DELAY, OR BLOCK MESSAGES, AND NAUTILUS DOES NOT GUARANTEE THAT ANY MESSAGE WILL BE DELIVERED. OUR WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” FOR GENERAL INFORMATION.
18. Limitation of Liability
TO THE FULLEST EXTENT THE LAW ALLOWS, NAUTILUS WILL NOT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), AND STRICT LIABILITY, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, EVEN IF ADVISED THAT THEY WERE POSSIBLE. NAUTILUS’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO NAUTILUS IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO CLAIMS UNDER THE INDEMNIFICATION AND CONFIDENTIALITY SECTIONS.
19. Indemnification
Nautilus will defend, indemnify, and hold you harmless from losses arising out of a third-party claim that the Services infringe or misappropriate that third party’s intellectual property rights, except to the extent caused by your gross negligence or willful misconduct.
You will defend, indemnify, and hold Nautilus harmless from losses arising out of or related to (a) the collection, use, storage, or management of personal information and other data in connection with the Services; (b) the content of your emails, alleged violations of the CAN-SPAM Act or other laws regulating email, or inaccurate recipient information or invalid consents; and (c) membership, billing, or payment processing disputes, in each case except to the extent caused by Nautilus’s gross negligence or willful misconduct. You will also defend, indemnify, and hold Nautilus harmless from losses arising out of alleged violations of the TCPA, state consumer protection laws, or other laws governing text messages or telemarketing, except to the extent resulting directly and solely from Nautilus’s willful misconduct or knowing and intentional violation of the TCPA.
The party seeking protection must promptly notify the other party in writing, reasonably cooperate, and give the indemnifying party sole control of the defense and settlement of the claim.
20. Governing Law and Disputes
These Terms and Conditions are governed by the laws of the State of Delaware, without regard to conflict of laws rules. Any legal action arising out of or relating to them or the Services must be brought exclusively in the state or federal courts located in the State of Delaware, and each party submits to the jurisdiction of those courts. The substantially prevailing party in any such action is entitled to recover its reasonable attorneys’ fees and court costs. A party may seek an injunction to stop a breach or threatened breach of confidentiality without posting a bond.
21. General
If you have a signed agreement, it is the entire agreement between you and Nautilus about its subject matter; otherwise, these Terms and Conditions are. Neither party may assign its rights or obligations without the other party’s prior written consent. If any provision is held unenforceable, the rest remain in effect, and a failure to enforce a provision is not a waiver of it. You must comply with U.S. export laws that apply to the Services and your Customer Data. Notices must be in writing and sent to the addresses the parties normally use, by personal delivery, overnight courier, certified or registered mail, or email with confirmation of transmission.
22. Changes to These Terms and Conditions
We may update these Terms and Conditions and will change the effective date above when we do. An update does not change a signed agreement, which can be amended only in a writing signed by both parties.
23. Contact
Questions? Email support@nautilus.co or write to Nautilus, Inc., 525 Brannan St, STE 410, San Francisco, CA 94107.