Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the WashSignal software application ("Software") or accessing the WashSignal cloud dashboard ("Dashboard") at dashboard.washsignal.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Software or Dashboard.

These Terms constitute a binding agreement between you ("Licensee", "you", "your") and Madbay Holdings Pty Ltd, trading as WashSignal (ACN 696 719 785, ABN 90 696 719 785) ("WashSignal", "we", "us", "our"), a company registered in Western Australia, Australia.

2. License Grant

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to:

• Install and use the Software on devices owned or controlled by you
• Access the Dashboard and related online services for your internal business purposes
• Connect the Software to car wash equipment owned or legally controlled by you

This licence is granted for the term specified in your subscription and is subject to the renewal terms in these Terms.

2.1 Licence Scope

• Each licence covers one physical wash site (all bays at that site, up to 4)
• Each licence is tied to one computer via hardware fingerprint
• Licences may be deactivated and transferred to a different computer by contacting support
• Licences are available in Basic and Pro tiers with different feature access

3. Equipment Access Authorisation

By using WashSignal, you expressly authorise us to:

• Access your car wash controller equipment (including PDQ LaserWash systems) via its standard web-based interface
• Retrieve operational data including wash counts, machine status, error codes, and timing information
• Transmit commands to your equipment where such functionality is enabled and you have activated the relevant features
• Store and process the data collected from your equipment on our servers for the purpose of providing the service

You represent and warrant that:

• You are the legal owner of, or have authorisation from the legal owner to access, the car wash equipment you connect to WashSignal
• You have the right to grant us access to the equipment and its data
• Your use of WashSignal with the equipment does not violate any agreement you have with the equipment manufacturer or any other party

4. Third-Party Disclaimer

WashSignal is independent software and is not affiliated with, endorsed by, or sponsored by PDQ Manufacturing, Inc., OPW Vehicle Wash Solutions, or Dover Corporation. PDQ® and LaserWash® are registered trademarks of PDQ Manufacturing, Inc.

We do not guarantee compatibility with all equipment models or firmware versions. WashSignal is built and tested on the PDQ LaserWash 360 Plus. Compatibility with other models has not been verified.

5. Equipment Warranty

WashSignal does not provide any warranty for your car wash equipment. Your equipment warranty is between you and the equipment manufacturer or supplier.

You acknowledge that:

• Use of third-party software or monitoring solutions MAY affect your equipment warranty — you should consult your equipment supplier or warranty documentation
• WashSignal has no knowledge of your specific warranty terms and cannot advise whether use of WashSignal affects your warranty
• You assume all risk regarding any impact on your equipment warranty arising from your use of WashSignal

WashSignal support covers the WashSignal Software and Services only. We do not provide support for third-party equipment. For equipment support, please contact your equipment supplier or distributor.

6. Free Trial

• The free trial period is 14 days from first launch of the Software
• All features (including Pro tier) are unlocked during the trial
• No credit card or payment information is required for the trial
• After the trial expires, there is a 7-day grace period to activate a licence
• After the grace period, the Software will cease to function until a valid licence is activated

7. Payment and Renewal

• Pricing: WashSignal is licensed on a per-site, subscription basis. Current pricing is published at washsignal.com and may be updated from time to time.
• Billing: Subscriptions are billed monthly or annually in advance via Stripe. All prices are in Australian Dollars (AUD) and include GST where applicable.
• Payment methods: We accept major credit and debit cards via our payment processor, Stripe. Your card details are collected and stored securely by Stripe — we never store your full card number.
• Auto-renewal: Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
• Failed payments: If a payment fails, we will notify you by email. Your licence remains active for a 7-day grace period while Stripe retries the charge. If all retry attempts fail, your subscription will be cancelled and your licence deactivated.
• Price changes: We will provide at least 30 days' written notice before any price increase takes effect on your subscription. Existing subscribers remain on their current pricing until their next renewal after the notice period.
• Refunds: Subscription fees are generally non-refundable. If you experience a significant service issue, contact [email protected] and we will assess refund requests on a case-by-case basis.

8. Acceptable Use

You agree not to:

• Reverse engineer, decompile, or disassemble the Software
• Modify, adapt, or create derivative works based on the Software
• Redistribute, sublicence, rent, lease, or lend the Software to third parties
• Use the Software to access equipment you do not own or have authorisation to access
• Attempt to circumvent licence validation, hardware fingerprinting, or trial limitations
• Use the Software in any way that violates applicable laws or regulations
• Interfere with or disrupt the Dashboard or its infrastructure

9. Dashboard and Cloud Services

The Dashboard is provided on an "as available" basis. We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where possible.

We reserve the right to modify, suspend, or discontinue features of the Dashboard with reasonable notice. Core monitoring functionality will not be removed without a major version change.

10. Team and Technician Access

You may invite team members to access your Dashboard account. You are responsible for:

• Managing roles and permissions for your team members
• Ensuring team members comply with these Terms
• Revoking access when a team member should no longer have it

Technician access grants provide limited access (bay status and HMI only) to third-party service technicians. You are responsible for managing these grants and revoking them when appropriate.

11. Intellectual Property

The Software, Dashboard, documentation, and all related intellectual property remain the exclusive property of WashSignal. Your licence does not grant you any ownership rights.

Content you create using the Software (custom LED designs, uploaded images, etc.) remains your property. By uploading content, you grant us a limited licence to store and display it solely for the purpose of providing the service.

12. LED Sign Content Responsibility

If you use WashSignal to control LED signage, you are solely responsible for ensuring that all content displayed on your signs complies with applicable laws and regulations, including:

• Local council signage regulations, planning approvals, and development conditions
• State and territory advertising standards and road safety requirements
• Restrictions on animated, flashing, or illuminated signage (which vary by jurisdiction and may depend on sign visibility from public roads)
• Australian Consumer Law requirements regarding misleading or deceptive advertising

Signage regulations vary significantly between local government areas and states. We strongly recommend consulting your local council planning department or a signage compliance specialist to confirm what content, brightness levels, and animation types are permitted at your specific location before displaying content publicly.

WashSignal provides the tools to create and display content but does not review, approve, or take responsibility for the content you choose to display.

13. Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and any two-factor authentication methods. You are responsible for all activity that occurs under your account, whether or not you have authorised it.

You agree to notify us immediately at [email protected] if you become aware of any unauthorised use of your account or any other breach of security.

14. Data and Privacy

Your use of WashSignal is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.

15. HMI Remote Access

The HMI Remote Access feature allows authorised users to remotely view and interact with the car wash controller's built-in interface (HMI) via a secure tunnel. By using this feature, you acknowledge and agree that:

• Remote access sessions are logged, including the user, time, duration, and site accessed
• Sessions are limited to 2 hours and automatically expire after inactivity
• You are solely responsible for any actions taken on the equipment during a remote session
• WashSignal provides the access tunnel only — we do not control or supervise what you do on the HMI
• You will not use HMI Remote Access on equipment you do not own or have explicit authorisation to access
• Owners and Admins may monitor active sessions and force-disconnect users at any time

HMI Remote Access is a Pro-tier feature. Technician users may access HMI if granted permission by the site Owner or Admin.

16. Limitation of Liability

To the maximum extent permitted by applicable law, including the Australian Consumer Law:

• The Software and Dashboard are provided "as is" and "as available" without warranty of any kind, either express or implied
• We do not warrant that the Software will be error-free, uninterrupted, or compatible with all equipment configurations or firmware versions
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, data, or business opportunity
• We shall not be liable for any damage to, malfunction of, or loss relating to your car wash equipment arising from use of the Software or remote access features
• Our total aggregate liability for any claim arising from or related to the Software shall not exceed the licence fees you paid in the twelve (12) months immediately preceding the event giving rise to the claim

Nothing in these Terms excludes or limits liability that cannot legally be excluded under Australian Consumer Law, including guarantees as to acceptable quality and fitness for disclosed purpose.

17. Indemnification

You agree to indemnify, defend, and hold harmless WashSignal and its directors, employees, and contractors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms
• Your use of the Software with equipment you do not own or are not authorised to access
• Any actions taken via HMI Remote Access, including equipment damage or operational disruption
• Content you display on LED signs connected via the Software
• Your violation of any applicable law or third-party rights
• Any claim that you lacked authority to grant WashSignal access to the connected equipment

18. Termination

• You may stop using WashSignal at any time by uninstalling the Software
• We may terminate or suspend your licence if you breach these Terms
• Upon termination, your right to use the Software and Dashboard ceases immediately
• Sections that by their nature should survive (liability, indemnification, IP) will survive termination

Upon termination, your account data will be retained for 30 days to allow for data export. After 30 days, your data may be permanently deleted. Anonymised, aggregated data may be retained indefinitely.

Early termination: You may cancel your subscription at any time through the billing portal. Cancellation takes effect at the end of your current billing period — you retain access until then. No partial refunds are provided for unused time within a billing period. Annual subscribers who cancel mid-term retain access until the end of their paid annual period.

19. Updates and Modifications

The Software may automatically check for updates. All updates are cryptographically signed and verified before installation. We may update these Terms from time to time — material changes will be communicated by email or via the Dashboard.

20. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond the party's reasonable control. This includes but is not limited to: natural disasters, power outages, internet or telecommunications failures, third-party hosting provider outages, government actions, pandemics, or acts of war or terrorism.

In the event of a force majeure event affecting our Services, we will make reasonable efforts to restore service as soon as practicable and communicate the situation to affected users.

21. Governing Law

These Terms are governed by and construed in accordance with the laws of Western Australia, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Western Australia.

22. Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect.

23. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WashSignal regarding the Software and Dashboard.

24. Contact

Madbay Holdings Pty Ltd, trading as WashSignal
ACN: 696 719 785
ABN: 90 696 719 785

Western Australia, Australia

For questions about these Terms, contact us at [email protected].