Terms of Service

Terms and Conditions Agreement between User and Fumes (fumes.app, owner.fumes.app)

Welcome to fumes.app. The fumes.app website (the "Site") is comprised of various web pages operated by Fumes Fleet Management Limited Liability Company (dba. "Fumes"). fumes.app is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").

Your use of fumes.app constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. fumes.app is an E-Commerce Site. The term Owners in the context of the Fumes platform are the providers of vehicle rental service and have an established legal entity enveloping their services as well as insurance to protect their capital. Services wherein "owners" of rental fleets may conduct agreements with a third party renter. Owners of fleets may use the software to store data about their vehicles in a fleet. Owners of fleets may enter a rental agreement with a "renter" (as person or persons seeking a vehicle rental) via the marketplace or created directly from the dashboard. Likewise renters may enter a rental agreement with "owners".

Fumes provides digital services at a cost for vehicle history, to be referred to as "Sniffs". Fumes is not liable for any mistakes or inaccuracies on the report. Fumes uses third party providers for vehicle data.

1. Use of the Platform

  1. Fumes is a fleet management platform that allows users to manage their vehicles and process payments through the app.
  2. The platform is provided "as is" and "as available" without any warranties or guarantees of uptime.
  3. Users are solely responsible for their use of the platform and any consequences arising from such use.
  4. You are granted a non-exclusive, non-transferable, revocable license to access and use fumes.app strictly in accordance with these Terms.
  5. Fumes may include a marketplace feature that allows rental management users to offer their services to other users. The Company is not a party to any agreements between users and does not have control over the conduct of users or the quality, safety, or legality of the services offered.

2. Payment Processing and Fees

  1. Fumes uses Stripe, a third-party payment processor, to handle all payments within the app.
  2. For each transaction processed through the platform, Fumes charges a fee of 2.1% of the total transaction amount. Additionally, Stripe charges a fee of 2.9% plus a fixed amount per transaction.
  3. These fees cover the costs of maintaining and improving the platform, as well as providing customer support and other services.
  4. Users are required to process at least 60% of booking payments within the app. If it is discovered that a user or host is circumventing paying application fees, it can result in account closure.
  5. If a user processes less than 60% of booking payments within the app, a flat fee of $5 per car managed will be incurred in addition to the transaction fees.

3. Liability and Insurance

  1. Fumes is not responsible for any loss of income, damage, or claims incurred during bookings on cars or any other property managed through the platform.
  2. The Fumes platform does not provide any insurance or protection for users or their vehicles. Fumes is not an insurance company or provider.
  3. Users are solely responsible for obtaining appropriate insurance coverage for their vehicles and any activities related to the use of the platform.

4. Prohibited Activities

  1. Users are prohibited from using the platform in any manner other than its intended purpose.
  2. Hacking, reverse engineering, or any attempt to manipulate or exploit the platform is strictly prohibited.
  3. Engaging in any illegal, fraudulent, or unauthorized activities through the use of the platform is strictly prohibited.
  4. Fumes has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

5. Intellectual Property

  1. All intellectual property rights related to Fumes, including trademarks, logos, and copyrights, are owned by the platform and its licensors.
  2. Users are granted a limited, non-exclusive, non-transferable, and revocable license to use the platform in accordance with these Terms.

6. User Conduct and Communication Services

  1. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
  2. You agree not to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, post inappropriate or unlawful content, upload files that contain viruses or corrupted files, or falsify or delete any author attributions, legal notices, or proprietary designations.
  3. Fumes reserves the right to review, remove, or edit any content posted on the Communication Services at its sole discretion.

7. Third-Party Accounts and Links

  1. You may connect your Fumes account to third-party accounts, but Fumes is not responsible for the continuous release of information to these third-party sites.
  2. Fumes may contain links to other websites ("Linked Sites"), but these sites are not under the control of Fumes, and Fumes is not responsible for their content or any changes or updates to such sites.

8. Indemnification

  1. You agree to indemnify, defend, and hold harmless Fumes, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses relating to or arising out of your use of the platform, any user postings made by you or person or persons belonging to your account, or your violation of any terms of this Agreement, applicable laws, rules, or regulations.

9. Termination and Access Restriction

  1. Fumes reserves the right to suspend or terminate a user's account at any time for any reason, including violation of these Terms.
  2. Upon termination, the user's access to the platform will be revoked, and any outstanding fees will become immediately due.

10. Modifications to the Terms

  1. Fumes reserves the right to modify these Terms at any time without prior notice.
  2. Continued use of the platform after any modifications constitutes acceptance of the updated Terms.

11. Governing Law and Jurisdiction

  1. These Terms shall be governed by and construed in accordance with the laws of the State of Florida.
  2. You consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site.

12. Limitation of Liability

  1. To the maximum extent permitted by applicable law, Fumes and its suppliers shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use or performance of the platform.

13. Arbitration and Class Action Waiver

  1. Any dispute arising out of or concerning these Terms shall be resolved by final and binding arbitration conducted by the American Arbitration Association or a similar arbitration service.
  2. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

14. Proper Use of Payment Information

  1. Account owners and fleet staff are strictly prohibited from misusing customer payment information accessible through the Fumes platform.
  2. Owners and hosts agree to only charge customers for legitimate bookings and services rendered and or products offered through the platform, and not to make any unauthorized or fraudulent charges to customer payment methods.
  3. Any owner or host found to be engaging in fraudulent, unauthorized, or improper charging of customer payment methods will face immediate account termination and potential legal action.
  4. Fumes reserves the right to fully cooperate with law enforcement in the event of any fraudulent or unauthorized use of customer payment information.
  5. Customers who suspect any unauthorized or fraudulent charges should immediately report the issue to Fumes and their payment provider.

15. Owner Responsibilities

  1. As an owner, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition.
  2. As an owner, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition.
  3. You will not offer any Vehicle Extra that is not safe, clean, and acceptable for the use it is intended.
  4. You will not offer any vehicle that is the subject of a missing or stolen vehicle report.
  5. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall.

By using Fumes, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you have any questions or concerns regarding these Terms, please contact us at

Effective as of April 01, 2024