PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE NOT MY DENT! APPLICATION. BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE APP.
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Sawhorn LLC, its officers, employees, agents, licensors, and service providers (collectively, “Company,” “we,” “us,” or “our”) governing your access to and use of the Not My Dent! mobile application (the “App”).
By using the App, you represent that you are at least 18 years of age, have read and understood these Terms, and agree to be bound by them and by our Privacy Policy, which is incorporated herein by reference.
By using the App, you consent to receive all communications, agreements, notices, and disclosures electronically, including via in-app notifications, push notifications, or email. You agree that all electronic communications satisfy any legal requirement that such communications be in writing.
2. Description of Service
Not My Dent! is a self-documentation tool that allows users to photograph, timestamp, tag, and organize records of vehicle condition before and after rental or use. The App provides the following features:
- A guided walk-around photo capture workflow for exterior photography (10 positions) and interior photography (dashboard, steering area, front seats, rear seats, trunk, ceiling)
- Vehicle identification via VIN scanning using on-device optical character recognition (Apple Vision/VisionKit), with manual entry as an alternative. Decoded VIN numbers are transmitted to the National Highway Traffic Safety Administration (NHTSA) public database to retrieve vehicle year, make, and model.
- Automatic license plate detection and population via on-device optical character recognition
- GPS-based auto-population of rental location data using Apple CoreLocation and MapKit services
- User-initiated tagging of areas of concern (dents, blemishes, scratches) with notes and visual markers
- Side-by-side and tap-to-compare viewing of initial (pickup) and return (drop-off) scan photographs
- Generation of timestamped PDF reports containing user name, rental company, initial scans, return scans, tagged findings, and date/time metadata for each photograph
- Rental lifecycle management with active, completed, and archived states
- Optional iCloud backup of the on-device database and associated photographs to your personal iCloud Drive container, available with the Pro upgrade and dependent on the user’s Apple iCloud account
THE APP IS A PERSONAL DOCUMENTATION AID ONLY. IT IS NOT A CERTIFIED VEHICLE INSPECTION SERVICE, A LEGAL SERVICE, AN INSURANCE SERVICE, OR A SUBSTITUTE FOR PROFESSIONAL EVALUATION OF ANY KIND.
3. No Affiliation with Rental Companies
Not My Dent! is entirely independent and is not affiliated with, endorsed by, approved by, or in any way connected to any vehicle rental company, insurance carrier, fleet management company, or any other third party, including but not limited to:
- Enterprise Holdings (Enterprise, National, Alamo)
- Hertz Corporation (Hertz, Dollar, Thrifty)
- Avis Budget Group (Avis, Budget, Payless, Zipcar)
- Turo, Getaround, or any peer-to-peer rental platforms
- Any insurer, warranty provider, or claims administrator
Any reference to rental company names within the App is solely for user convenience and descriptive purposes. We make no representation that any rental company will recognize, accept, or honor documentation generated by the App.
4. Critical Disclaimers — No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- Any warranty of merchantability or fitness for a particular purpose
- Any warranty that reports will be accurate, complete, or error-free
- Any warranty that timestamping or metadata will be accepted as authentic by any third party
- Any warranty that the App will be available, uninterrupted, or free of bugs
- Any warranty that photos captured through the App will be legally admissible in any forum
- Any warranty that use of the App will protect you from any rental company claim, insurance dispute, or legal proceeding
- Any warranty that VIN scanning, license plate detection, or other optical character recognition features will produce accurate, complete, or error-free results
- Any warranty that GPS-derived location data or MapKit-based location information will be accurate
- Any warranty that PDF reports generated by the App will be accepted, recognized, or given any weight by any rental company, insurer, court, arbitrator, or other third party
- Any warranty regarding the reliability, availability, or functionality of Apple iCloud services or any other third-party service upon which the App depends
- Any warranty that data transmitted to the National Highway Traffic Safety Administration (NHTSA) or retrieved from the NHTSA database will be accurate, complete, available, or error-free
USE OF THE APP DOES NOT GUARANTEE ANY OUTCOME IN ANY DISPUTE, CLAIM, OR LEGAL PROCEEDING. NOT MY DENT! MAKES NO PROMISE THAT ITS REPORTS WILL RESOLVE ANY DISPUTE IN YOUR FAVOR.
5. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN ALL FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:
- Any direct, indirect, incidental, special, consequential, exemplary, or punitive damages
- Loss of profits, revenue, data, business, or goodwill
- Vehicle damage charges, loss-of-use fees, or repair assessments levied by any rental company or vehicle owner
- Lost security deposits or pre-authorization holds
- Insurance claim denials, premium increases, or coverage disputes
- Legal fees, court costs, or costs of any dispute resolution process
- Emotional distress, inconvenience, or other non-economic damages
- Any harm arising from your reliance on reports generated by the App
- Loss of photographs, scan data, rental records, or any other user content due to device failure, software malfunction, iCloud sync failure, storage limitations, or any other cause
- Inaccurate VIN data, license plate data, GPS location data, or any other data produced by on-device optical character recognition, location services, or third-party databases including the NHTSA vehicle database
- Damages arising from errors, omissions, or inaccuracies in PDF reports generated by the App
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED (TORT, CONTRACT, STATUTE, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. WHERE APPLICABLE LAW DOES NOT PERMIT SUCH EXCLUSIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE STATE LAW.
IN JURISDICTIONS WHERE LIMITATION IS PERMITTED, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) FIFTY DOLLARS ($50.00) OR (B) THE AMOUNT YOU PAID TO US IN THE NINETY (90) DAYS PRECEDING THE CLAIM.
6. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your use or misuse of the App
- Any content you upload, submit, or transmit through the App
- Your violation of these Terms
- Your violation of any applicable law, regulation, or third-party right
- Any dispute between you and a rental company, insurer, or other third party
- Any fraudulent, false, or misleading information you provide
- Any use of App-generated reports, photographs, or data in any legal, insurance, or administrative proceeding
7. User Responsibilities and Prohibited Conduct
7.1 User Responsibilities
Users are solely and exclusively responsible for:
- Capturing clear, accurate, and complete photographs of all vehicle surfaces
- Ensuring documentation is performed before taking possession of the vehicle
- Ensuring documentation is performed immediately upon return of the vehicle
- Verifying the accuracy of all VIN data, license plate data, rental company selection, and location information populated by the App, whether entered manually or via automated recognition
- The completeness, accuracy, and timeliness of all information entered in the App
- Complying with all applicable local, state, and federal laws when using the App
- Obtaining any required consent before photographing vehicle interiors or exteriors in locations where applicable
- Maintaining adequate iCloud storage and a functioning Apple ID if iCloud backup is enabled
- Maintaining independent backup copies of any critical documentation
7.2 Prohibited Conduct
You agree not to use the App to:
- Upload fraudulent, manipulated, altered, or digitally edited photographs
- Misrepresent vehicle condition, either before or after use
- Use the App’s dent/blemish tagging feature to falsely attribute pre-existing damage to a rental company or vehicle owner
- Fabricate, exaggerate, or misrepresent evidence of vehicle damage for the purpose of making a false claim against any rental company, insurer, or vehicle owner
- Use App-generated reports as fabricated or misleading evidence in any legal, insurance, or administrative proceeding
- Harass, defraud, or make false claims against any rental company, insurer, or vehicle owner
- Upload content that violates any law, including privacy laws or intellectual property rights
- Attempt to reverse engineer, decompile, or exploit the App or its underlying technology
- Use automated tools, bots, or scripts to access or manipulate the App
- Resell, sublicense, or commercially exploit the App or its outputs without written permission
- Interfere with the App’s security features or attempt unauthorized access
8. Documentation Reports — Scope and Limitations
Reports generated by Not My Dent! are strictly informational documents created from user-submitted content. You acknowledge and agree that:
- Reports are based solely on the photos and information you provide — we do not independently verify any content
- Reports do not detect all damage and may miss damage not captured in submitted photos
- Reports do not certify, guarantee, or attest to the condition of any vehicle
- Timestamps and metadata depend on your device’s system clock and settings — we make no representation about their accuracy for legal or evidentiary purposes
- VIN data, license plate data, and rental location data included in reports are derived from on-device optical character recognition and GPS services, which may produce errors
- Dent/blemish tags and annotations included in reports reflect user-submitted observations only and do not constitute professional damage assessments
- No rental company, insurer, court, arbitrator, or other third party is required to accept, consider, or give any weight to reports generated by the App
- Exported PDF reports are compilations of user-submitted content and do not constitute certified inspection reports, sworn statements, or legal evidence
- The Company does not retain liability for how reports are used, shared, or interpreted by any third party
- The Company makes no representation about the admissibility, weight, or persuasive value of exported reports in any legal, insurance, or administrative proceeding
9. No Legal, Insurance, or Professional Advice
Nothing in the App, its documentation, reports, or any communications from the Company constitutes legal advice, insurance advice, financial advice, or any form of professional consultation. The App does not create any professional-client relationship between you and the Company.
FOR ANY LEGAL MATTER, INSURANCE DISPUTE, OR VEHICLE DAMAGE CLAIM, YOU SHOULD CONSULT A LICENSED ATTORNEY OR APPROPRIATE PROFESSIONAL IN YOUR JURISDICTION.
10. Photo and Data Rights
10.1 Your Content
You retain ownership of all photographs and content you capture and upload through the App. By using the App, you grant Not My Dent! a limited, non-exclusive, royalty-free, worldwide license to:
- Process and store your images on your device and, if you enable iCloud backup, in your iCloud account, to generate reports and maintain App functionality
- Use aggregated, anonymized, non-identifiable data derived from Apple’s built-in analytics to improve App performance
10.2 On-Device Architecture and Data Handling
The App operates on an on-device architecture. You acknowledge and agree that:
- All photographs, scan data, rental records, VIN data, license plate data, GPS coordinates, and tagged annotations are stored locally on your device
- The Company does not operate servers that receive, store, or process your photographs, VIN data, license plate data, GPS data, or rental records
- If you enable iCloud backup, your data is transmitted to and stored in your personal Apple iCloud account, which is governed by Apple’s terms and privacy policies — not ours
- The Company has no access to, control over, or responsibility for data stored in your iCloud account
- VIN scanning and license plate detection use Apple Vision/VisionKit frameworks for on-device optical character recognition. Decoded VIN numbers are transmitted to the NHTSA public database to retrieve vehicle details (year, make, model). No other scan data is transmitted to the Company or any third party.
- GPS and location data is processed on your device using Apple CoreLocation and MapKit services and is not transmitted to the Company
10.3 Our Commitments
We do not sell your photos or personally identifiable data to third parties. We do not use your photos for advertising or marketing without your explicit consent. We do not share your content with rental companies or insurers on your behalf. Additional data handling practices are described in our Privacy Policy, available within the App.
10.4 Data Retention and Deletion
Because the App operates on an on-device architecture, your data resides on your device and, if enabled, in your iCloud account. Deletion of the App from your device will result in permanent loss of all locally stored data. iCloud backup data may persist in your iCloud account according to Apple’s data retention policies. Aggregated, anonymized data derived from Apple’s built-in analytics that cannot be used to identify you may be retained indefinitely.
11. iCloud Backup and Data Loss
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.
The App offers optional iCloud backup functionality, available to Pro users, that allows you to back up your on-device database and associated photographs to your personal iCloud Drive container. You acknowledge and agree that:
- iCloud backup is an optional convenience feature and is not required to use the App
- iCloud backup depends entirely on your Apple ID, your iCloud account configuration, and your available iCloud storage — the Company has no control over any of these
- The Company is not responsible for and expressly disclaims all liability for any data loss resulting from: iCloud service outages or unavailability; insufficient iCloud storage; Apple ID or iCloud account issues, suspensions, or terminations; failed, incomplete, or corrupted iCloud sync operations; changes to Apple’s iCloud service, APIs, or policies; device failure, loss, theft, or damage; software updates, crashes, or corruption; user error, including accidental deletion; or any other cause beyond the Company’s reasonable control
- The Company does not guarantee that iCloud backup will successfully preserve all data, that backup data will be recoverable, or that restored data will be complete or uncorrupted
- You are solely responsible for verifying that iCloud backup is functioning correctly, that your iCloud account has adequate storage, and that your backups are current
THE COMPANY STRONGLY RECOMMENDS THAT YOU MAINTAIN INDEPENDENT COPIES OF ANY CRITICAL VEHICLE DOCUMENTATION AND NOT RELY SOLELY ON THE APP OR iCLOUD BACKUP AS YOUR ONLY RECORD.
12. Third-Party Services and Dependencies
The App relies on hardware and software services provided by Apple Inc. and other third parties that are outside the Company’s control. These include but are not limited to:
- Apple iOS operating system and device hardware (camera, GPS, storage)
- Apple Vision/VisionKit frameworks for optical character recognition (VIN scanning, license plate detection)
- Apple CoreLocation for GPS-based location services
- Apple MapKit for map and location search functionality
- Apple iCloud for optional backup functionality
- Apple PhotoKit/Camera APIs for photo capture
- National Highway Traffic Safety Administration (NHTSA) public vehicle database for VIN-based vehicle identification (year, make, model)
The Company makes no warranties regarding the availability, accuracy, reliability, or continued functionality of any third-party service. Changes to iOS, Apple’s APIs, or Apple’s policies may affect App functionality without notice to the Company. The Company is not liable for any failure, interruption, error, or degradation of any third-party service.
13. Purchase, Payment, and In-App Purchases
13.1 Free Tier
The App is available as a free download from the Apple App Store. The free tier includes one (1) full-featured rental, allowing you to use all core App features — including guided photo scanning, damage annotation, side-by-side comparison, and PDF report export — at no cost.
13.2 Pro Upgrade
The App offers a one-time in-app purchase (“Pro”) that unlocks the following additional features:
- Unlimited rentals
- iCloud backup to your personal iCloud Drive
- Search and filter across all rentals
- Archive completed rentals for long-term records
The Pro upgrade is a one-time purchase and is not a subscription. Once purchased, Pro features remain unlocked permanently for your Apple ID.
13.3 Future Upgrades
The Company may introduce additional upgrade tiers or optional in-app purchases in the future that provide additional features or functionality. Any such purchases will be clearly identified within the App with their associated prices before you authorize payment.
13.4 Payments and Refunds
All purchases and payments are processed by Apple through the App Store. The Company does not process payments directly and does not have access to your payment information. Refund requests must be directed to Apple in accordance with Apple’s App Store refund policies. The Company does not independently issue refunds.
13.5 Price Changes
The Company reserves the right to change the price of the Pro upgrade or introduce, modify, or discontinue in-app purchases at any time. Price changes will not affect purchases already completed.
14. Children’s Privacy
The App is not intended for use by anyone under the age of 18, and we do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13 without verification of parental consent, we will take steps to delete that information promptly. If you believe we have inadvertently collected such information, please contact us at
.
15. Account Security and Termination
The App does not require account creation. However, your use of the App is subject to these Terms.
We reserve the right to push updates that disable or restrict App functionality, with or without notice, if:
- You violate any provision of these Terms
- You engage in fraudulent, deceptive, or abusive activity
- You upload illegal, manipulated, or harmful content
Termination of your right to use the App does not affect any rights or obligations that accrued prior to termination, and Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 16, 17, and 18 survive termination.
16. Intellectual Property
The Not My Dent! application — including its software, source code, algorithms, interface design, logos, branding, trade dress, report formats, and all related intellectual property — is and remains the exclusive property of the Company and is protected by U.S. and international copyright, trademark, patent, and trade secret laws.
You are granted a limited, revocable, non-exclusive, non-transferable license to use the App solely for your personal, non-commercial documentation purposes as described herein. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or commercially exploit any portion of the App without prior written consent from the Company.
17. App Store Additional Terms
17.1 Apple App Store
If you access the App through the Apple App Store, you acknowledge the following:
- These Terms are between you and the Company only — not with Apple Inc.
- Apple has no obligation to provide maintenance or support services for the App
- Apple is not responsible for addressing any claims by you or a third party relating to the App, including product liability claims, consumer protection claims, or intellectual property infringement claims
- Apple is not responsible for any investigation, defense, settlement, or discharge of any third-party claims that the App infringes that third party’s intellectual property rights
- You must comply with applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement)
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and Apple has the right to enforce these Terms against you as a third-party beneficiary
17.2 Google Play Store (Future Availability)
The App may be made available on the Google Play Store in the future. If you access the App through the Google Play Store, you acknowledge the following:
- These Terms are between you and the Company only — not with Google LLC or any of its affiliates
- Google has no obligation to provide maintenance or support services for the App
- Google is not responsible for addressing any claims by you or a third party relating to the App, including product liability claims, consumer protection claims, or intellectual property infringement claims
- Google is not responsible for any investigation, defense, settlement, or discharge of any third-party claims that the App infringes that third party’s intellectual property rights
- You must comply with Google Play’s Terms of Service in addition to these Terms
- Google and its subsidiaries are third-party beneficiaries of these Terms, and Google has the right to enforce these Terms against you as a third-party beneficiary
18. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
18.1 Informal Resolution
Before filing any formal claim, you agree to contact us at
and attempt to resolve the dispute informally for at least thirty (30) days.
18.2 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the App (excluding emergency injunctive relief) shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.
YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LITIGATION.
18.3 Class Action Waiver
ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY. YOU MAY NOT BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
18.4 Arbitration Fees and Costs
The Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms, except that if you initiate the arbitration, you will be responsible for paying the initial AAA consumer filing fee as set forth in the then-current AAA Consumer Arbitration Rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the AAA Rules. Each party bears the cost of its own attorneys’ fees unless the arbitrator awards fees to the prevailing party as permitted by applicable law.
18.5 Opt-Out Right
You may opt out of this arbitration provision by sending written notice to
within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, all other provisions of these Terms will continue to apply. Opting out of this arbitration provision will not affect any previous, other, or future arbitration agreements you may have with the Company.
18.6 Exceptions
Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Small claims court actions within applicable jurisdictional limits are also exempt from arbitration.
18.7 Statute of Limitations
Any claim arising out of or related to these Terms or the App must be filed within one (1) year after the event giving rise to the claim. Failure to bring a claim within this period constitutes a waiver of such claim to the fullest extent permitted by law.
18.8 Governing Law and Venue
These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles. For matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Kenosha County, Wisconsin.
19. Geographic Scope
The App is designed primarily for use within the United States of America. We make no representation that the App is appropriate, available, or legally compliant for use in any other jurisdiction. If you access the App from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws, including but not limited to data protection laws such as the General Data Protection Regulation (GDPR) or similar frameworks. The Company makes no warranty that App features (including VIN scanning, rental company lists, or PDF report formats) will be useful or relevant outside the United States.
20. Analytics and Diagnostics
The App uses Apple’s built-in analytics and diagnostics services to collect aggregated, anonymized usage data and crash reports. This data is collected and processed by Apple in accordance with Apple’s privacy policies and is used solely to improve App performance and stability. The Company does not use any third-party analytics SDKs, advertising frameworks, or tracking technologies. No personally identifiable information is collected through analytics.
21. Changes to Terms and Service
We may modify these Terms at any time. Material changes will be communicated through the App with an updated effective date at least fourteen (14) days before taking effect, where practicable. Your continued use of the App after the effective date constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the App.
We may also modify, suspend, or discontinue any aspect of the App at any time without liability to you.
22. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the App and supersede all prior agreements.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. If a court finds that any provision is unenforceable, the court should modify the provision to the minimum extent necessary to make it enforceable, rather than striking it entirely.
- No Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce it in the future.
- Assignment: You may not assign these Terms without our written consent. We may assign these Terms freely, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
- Force Majeure: The Company is not liable for any failure to perform due to causes beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of government, internet outages, or third-party service failures.
- Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
- Contact: For questions about these Terms, contact us at
.
Sawhorn LLC |
These Terms of Service are effective as of March 9, 2026.