Service Terms

These Terms of Service (the “Terms”) form a binding agreement between you (“Customer,” “you”) and FreshAir SD (“Company,” “we,” “us,” or “our”) and govern your use of mobile ozone-treatment services (the “Services”) offered through freshair-sd.com and related channels. By submitting a booking, you affirm that you are at least 18 years of age and have authority to bind the owner of the vehicle that will receive Service.

1. Description of Services

We provide mobile ozone (O₃) sanitization treatment for vehicle interiors and air-conditioning systems. Treatment is administered by placing a generator inside an unoccupied vehicle for a period of approximately 30 to 60 minutes, followed by a mandatory ventilation period. Treatment effectiveness and outcomes vary based on vehicle condition, contamination type, and adherence to post-treatment instructions.

2. Customer Representations

You represent and warrant that:

• You are the owner of the vehicle or have express authority from the owner to schedule and accept the Service.
• The vehicle is in safe condition with functional doors, windows, and ventilation, and is parked in a safe location at the time of Service.
• You will remove all living things (people, pets, plants) and any perishable items from the vehicle before Service begins and will keep the cabin unoccupied during treatment and the entire post-treatment ventilation period.
• You have disclosed any sensitive electronics, oxygen equipment, medical devices, biological samples, or unusual contents inside the vehicle in advance.
• Neither you nor any person who will use the vehicle after treatment has a medical condition (including but not limited to asthma, COPD, other chronic respiratory disease, pregnancy, severe allergies, or an immunocompromised state) that may be aggravated by trace residual ozone, OR you have consulted a physician and accept the risk.
• You will provide reasonable access to the vehicle at the scheduled time and location, and you will follow our post-treatment ventilation instructions in full.

3. Health, Safety & Proposition 65 Notice

4. No Warranty; Services Provided AS IS

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. To the maximum extent permitted by applicable law, FreshAir SD disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment. We make no representation that the Service will: (a) remove all odors, mold, bacteria, viruses, or allergens; (b) restore upholstery or surfaces permanently; (c) have any specific therapeutic effect on humans or animals; or (d) leave the cabin entirely free of temporary post-treatment odor.

Ozone is highly reactive and may, in rare circumstances, accelerate aging of certain rubber seals, plastics, dyes, or other oxidation- sensitive materials. By accepting Service, you accept this residual risk.

5. Pricing & Payment

Prices listed on our website at the time of booking are inclusive of travel within our published service area unless otherwise stated. Payment is due upon completion of Service.

6. Cancellation, Rescheduling & No-Shows

• Customer cancellation. You may cancel at any time before our technician departs for your location, at no charge, by using the cancellation page at freshair-sd.com/cancel-booking or by replying to your booking-confirmation email.
• Late cancellation / no-show. If you cancel after our technician has been dispatched, fail to provide access at the scheduled time, or otherwise prevent us from performing Service, you may be charged a trip fee of up to fifty U.S. dollars ($50).
• Our cancellation. We may cancel or reschedule for any reason, including weather, technician unavailability, safety concerns at the site, or force majeure. Your sole remedy in that event is rescheduling or refund of any prepaid amounts.

7. Refund Policy

All sales are final once the Service has been performed. If you are dissatisfied with the Service, contact us within seven (7) days at support@freshair-sd.com; we may, at our sole discretion, offer a partial credit or a complimentary re-service. No refunds will be issued for results that fall within the normal expected range of ozone treatment outcomes.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

IN NO EVENT SHALL FRESHAIR SD, ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OF THE VEHICLE, LOSS OF PROFITS, OR PERSONAL INJURY ARISING FROM YOUR FAILURE TO FOLLOW POST-TREATMENT VENTILATION INSTRUCTIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations apply regardless of whether any limited remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, including for personal injury caused by willful misconduct or gross negligence; in such jurisdictions our liability is limited to the maximum extent permitted by law. Nothing in these Terms is intended to disclaim or limit liability that cannot be disclaimed or limited under California Civil Code §1668 or other mandatory law.

9. Indemnification

You agree to defend, indemnify, and hold harmless FreshAir SD and its owners, employees, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your misrepresentation of facts (including vehicle ownership, vehicle condition, or medical conditions); (c) your failure to follow our post-treatment ventilation instructions; or (d) exposure of any third party to the vehicle after Service contrary to the Safety Instructions.

10. Assumption of Risk

You acknowledge that you have reviewed our Safety Instructions, that ozone treatment carries inherent risks including (without limitation) temporary respiratory irritation if ventilation is inadequate, and you knowingly and voluntarily assume all such risks in connection with the Service.

11. Dispute Resolution & Binding Arbitration

Please read this section carefully - it affects your legal rights.

(a) Informal resolution. Before filing any claim, you agree to attempt informal resolution by contacting us in writing at support@freshair-sd.com and giving us thirty (30) days to respond.

(b) Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) pursuant to its applicable consumer arbitration rules, in San Diego County, California. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

(c) Class action waiver. YOU AND COMPANY EACH AGREE THAT ANY DISPUTE SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party's claims and may not preside over any form of class or representative proceeding.

(d) Small claims. Notwithstanding the above, either party may bring an individual action in San Diego County Small Claims Court for any claim within that court's jurisdictional limits.

(e) 30-day opt-out. You may opt out of this arbitration provision by sending written notice to support@freshair-sd.com within thirty (30) days of your first booking. Your opt-out does not affect any other part of these Terms.

12. Governing Law & Venue

These Terms are governed by the laws of the State of California, without regard to its conflicts-of-law principles. Subject to the arbitration provision in Section 11, any judicial action permitted hereunder shall be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts.

13. Force Majeure

We shall not be liable for any delay or failure to perform that is caused by events beyond our reasonable control, including without limitation acts of God, weather, fire, power outages, government actions, labor disputes, or pandemics.

14. Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

15. Modifications

We may modify these Terms at any time by posting an updated version at this URL. Material changes take effect for new bookings made after the “Last updated” date above. Continued use of the Services after a posted change constitutes acceptance of the modified Terms.

16. Entire Agreement

These Terms, together with our Safety Instructions and any other policies posted on our website, constitute the entire agreement between you and FreshAir SD regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings.

17. Contact

FreshAir SD
San Diego, California
Email: support@freshair-sd.com

The English version of these Terms is the authoritative version. Any translation is provided as a courtesy; in the event of a conflict, the English text controls.