KLEENUP INC.

Terms of Service Agreement

This application ("Application") is owned and operated by KLEENUP INC. By using the Application, you confirm that you have read, understood, and agree to comply with these Terms of Service, both personally and on behalf of any entity you represent. If you do not agree, please discontinue use immediately. Continued use constitutes your acceptance of a legally binding agreement with KLEENUP INC.

A. Acceptance of Terms of Use Agreement

This Terms of Use Agreement (“Terms”) governs your access to, use of, and participation in the software application provided by KLEENUP INC under the name “KLEENUP” and the associated website located at the URL address www.kleenup.com (collectively, the “Application,” as further defined below).

 

The Application is provided for your use subject to compliance with the Terms set forth herein. Please read the following information carefully. It governs your access to, use of, and participation in the Application. Any unauthorized use of the Application in violation of the Terms is expressly prohibited. Your continued use of the Application indicates that you have read and understood the Terms and that you agree individually and on behalf of whomever you act for to be bound by the Terms. If you do not agree to be bound by the Terms, please promptly exit and do not further access the Application. Users are encouraged to review these Terms carefully and consult with an attorney before agreeing to them to ensure a full understanding of their rights and obligations.

 

KLEENUP INC reserves the right, in its sole discretion, to modify the Terms, and any other documents incorporated by reference herein, at any time and without prior notice. KLEENUP INC will notify you of any changes by posting updates on the KLEENUP INC Terms of Service webpage. KLEENUP INC may also notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Modifications will become effective 30 days (the “Notice Period”) after the earliest of (i) modifications being posted on the Application; (ii) KLEENUP INC ‘s communication of a message to you about the modifications; or (iii) you are otherwise notified when you are logged into your account. Your use of the Application after the expiration of the Notice Period will constitute your consent to the changes. If you do not agree to be bound by the Terms, please promptly exit and do not further access the Application.

B. Key Terms

“Company” refers to KLEENUP INC, the entity that owns, operates, and provides access to the KLEENUP Application.

 

“You” or ”your” in this document refers to the person who accesses, uses, and/or participates in the Application in any manner. If you use the Application on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity.

 

“User” means a person or entity who completes KLEENUP INC’s account registration process, agrees to the Terms, utilizes any services offered by or through the Application, or a person or entity who submits or receives a request through KLEENUP INC, including but not limited to Consumers and Cleaners.

 

 

“Consumer” means a User who is registered to search for Cleaners registered on the Application, makes a booking with a Cleaner to purchase a service (or receive a quote), utilizes the Application to track order progress, or otherwise uses the Application to, or agrees to the Terms in order to, receive, pay for, review, or facilitate the receipt of services. 

 

 

“Cleaner” means a User, whether an individual or a legal entity (such as a cleaning company), who uses or is registered to use the Application to offer, provide, receive payment for, or facilitate the provision of cleaning services. The term Cleaner may also be referred to as “Service Provider” and used interchangeably throughout these Terms.

 

 

“Party” refers to an individual or entity that agrees to be bound by these Terms, including but not limited to Users, Consumers, Cleaners and the Company.

 

 

“Parties” collectively refers to all individuals and entities that are subject to these Terms, including but not limited to Users, Consumers, Cleaners and the Company.

 

 

“Third Party” refers to any individual, entity, or service that is not directly a Party to these Terms but may interact with or be affected by the platform, including but not limited to payment processors, background check providers, insurers, and external vendors.

 

 

“Fee” means any amount charged by KLEENUP  INC to a User in connection with the services obtained through the Application.

 

 

“Application” means all KLEENUP INC websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through KLEENUP INC.

 

 

“Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Application.

 

“User Content“ means all Content submitted, posted, uploaded, published, or transmitted on or through the Application by any User or other user of the Application, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Application.

C. Eligibility, Independent Contractor Status, Background Check and Restrictions on Use

  1.  Eligibility to Use the Application as a Consumer: Access to and use of the Application is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Application, you represent and warrant that you meet these requirements.

     

  1. Eligibility to Qualify as a Cleaner: To qualify as a Cleaner on the Application, (1) you are at least 18 years of age or older; (2) you are not legally or contractually prohibited from registering for and using the Application; (3) you are legally authorized to work; (4) you possess the necessary skills, certifications, licenses and legal permissions required by applicable laws to perform the services; (5) you must have liability insurance that meets the requirements set by KLEENUP INC; and (6) you must pass a background check satisfactory to KLEENUP INC. By accessing or using the Application, you represent and warrant that you meet these eligibility requirements. Cleaners are encouraged to procure and maintain general liability insurance.

     

  2. Independent Contractor Status: Cleaners using the KLEENUP INC application are independent contractors and are not employees, agents, or representatives of KLEENUP INC. As an independent contractor, you have full control over how you provide your services, but you are expected to meet the service quality standards set by KLEENUP INC. You are solely responsible for your business expenses, including, but not limited to, equipment, tools, and taxes. As an independent contract, you can select your own jobs and are free to do jobs through other platforms and lead sources, and determine your own work schedule. KLEENUP INC does not control, and has no right to control, the services provided by Cleaners. Nothing in this Agreement shall create any employment relationship between you and KLEENUP INC.

    Cleaners understand and agree that using the Application does not guarantee that anyone will engage them for services. Consumers understand that any clearing services they solicit and/or pay for using the Application are solicited directly from the Cleaners providing such services.

  1. Background Checks: KLEENUP INC requires all Cleaners to undergo background checks at registration and every six (6) months to ensure compliance with platform safety standards. By registering, Cleaners authorize KLEENUP INC and its third-party vendors to obtain background reports, including criminal convictions and sex offender status, and consent to the collection of necessary identifying information such as full name and date of birth.KLEENUP INC reserves the right to limit, suspend, deactivate, or terminate a Cleaner’s account based on background check results, with or without prior notice. If a Cleaner fails a background check or if new information arises that disqualifies them under KLEENUP INC’s standards, immediate action may be taken, including account suspension and cancellation of pending service requests. Disqualified Cleaners may request a review, but reinstatement remains at KLEENUP INC’s sole discretion.

     

    Cleaners must inform KLEENUP INC of any criminal convictions that occur after their initial background check. Failure to disclose such information may result in account suspension or termination. KLEENUP INC assumes no liability for the accuracy of third-party background reports and makes no guarantees regarding their completeness. Continued participation as a Cleaner is contingent upon passing all required screenings.

    All cleaning companies and their authorized representatives (“Cleaning Company”) registering with the Application acknowledge and agree that, while KLEENUP INC makes reasonable efforts to conduct background checks on Cleaning Company owners during the initial registration process, it may not be feasible or possible for KLEENUP INC to conduct background checks on the Cleaning Company’s every single employee, contractor, or agent (“Personnel”). Accordingly, KLEENUP INC does not guarantee that such background checks will be conducted on any Personnel other than the Company owner.

    As a condition of participation on the Application, the Cleaning Company shall be solely responsible for conducting, at its own expense, a comprehensive background check on each member of its Personnel who is dispatched to perform any cleaning service arranged through the Application. Such background checks must be completed prior to assigning any Personnel to a KLEENUP-related project and must be updated at least once every six (6) months thereafter.

    The Cleaning Company represents and warrants that no Personnel will be assigned to any Application-related project unless they have successfully passed the required background check and are legally eligible to provide the services contemplated under applicable law.

    KLEENUP INC reserves the right to request proof of compliance with this section at any time. Failure to comply with these background check requirements may result in suspension or termination of the Cleaning Company’s access to the Application, at KLEENUP INC’s sole discretion.

    Consumers who use the Application to book cleaning services acknowledge and agree that KLEENUP INC is a technology platform that connects Consumers with independent Cleaning Companies and does not employ, supervise, or control the individual cleaners (“Personnel”) dispatched by such Cleaning Companies. Consumers further acknowledge that, although KLEENUP INC makes reasonable efforts to verify the identity and conduct a background check on the Cleaning Company owners at the time of registration, KLEENUP INC may not be able to conduct background checks on every individual cleaner or Personnel employed or contracted by the Cleaning Company.

    Accordingly, Consumers agree that KLEENUP INC shall not be liable for any acts or omissions, including but not limited to, any misconduct, negligence, or criminal activity of any Personnel performing services through the Application. All claims, complaints, disputes, or demands relating to the conduct, performance, or qualifications of any cleaner or service provided must be directed solely to the Cleaning Company that accepted the booking and performed the cleaning services. The Cleaning Company, as the contracting party, assumes full responsibility for the actions and conduct of its Personnel.

    By using the Application, Consumers expressly release KLEENUP INC from any and all liability arising out of or relating to the services provided by the Cleaning Company and its Personnel, and agree to hold KLEENUP INC harmless to the fullest extent permitted by law.

  1. Insurance: Cleaners are encouraged to obtain and maintain general liability insurance that meets the following requirements: 
    a) All insurance policies must be issued by carriers that are licensed to do business in the state where the work is performed and have a minimum A.M. Best rating of A-VII;
    b) General liability insurance must provide at least $1,000,000 per occurrence and $1,000,000 annually in total coverage;
    c) If you operate a vehicle for work, you must have automobile liability insurance with a minimum coverage of $500,000 per occurrence;
    d) Workers’ compensation insurance is required based on the laws of the state where you work. However, coverage must include at least $100,000 per accident, a $500,000 disease-policy limit, and $100,000 per employee for disease-related claims;
    e) The insurance certificate must clearly state that “KLEENUP INC and its affiliates are added as additional insured on a primary and noncontributory basis” or equivalent wording for both general liability and automobile liability policies;
    f) All policies must include a Waiver of Subrogation in favor of KLEENUP, Inc.
    g) The Certificate Holder must be listed as “KLEENUP INC, 24 Crain Hwy S, Suite 1R,  Glen Burnie, MD 21061”; and
    i) The certificate must also include a current policy number, coverage dates, and confirmation that the coverage extends to the period when you will be working through the KLEENUP platform.
  2. Warranties: By registering for and using the Application, the Cleaner expressly warrants that (1) the Cleaner is not a competitor of KLEENUP INC; (2) the Cleaner is not using the Application for the purpose of competing with KLEENUP INC; (3) only one profile will be maintained at any given time unless KLEENUP INC has authorized the maintenance of multiple accounts; (4) the Cleaner has full power and authority to agree to the Terms, including on behalf of any entity for whom the Cleaner is acting as a representative; (5) no rights of KLEENUP INC, including intellectual property rights such as copyright or trademark rights, will be violated; (6) the Cleaner is responsible for any costs associated with using the Application or related services, including costs for equipment, software, and internet access necessary to use the Application; (7) compliance with all applicable laws will be maintained, including but not limited to privacy and anti-spam laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (8) complete and accurate information will be provided to KLEENUP INC; (9) the Cleaner has read, reviewed, and agrees to KLEENUP INC’s Terms of Use Agreement and Privacy Policy.

D. Service Fees and Commission Structure

1. Service Fees: KLEENUP INC charges a 10% commission fee on the total amount received by Cleaners for services completed through the Application (the “Commission Rate”). This commission is deducted automatically from the payment before it is transferred to the Cleaner. The commission fee compensates KLEENUP INC for facilitating connections between Cleaners and Consumers, providing payment processing, and maintaining the platform.

2. Commission Rate Change: KLEENUP INC reserves the right to modify the Commission Rate at its sole discretion, with prior notice to Cleaners. Any changes to the commission structure will become effective following reasonable notice, allowing Cleaners the opportunity to review and accept the revised terms. Cleaners retain the right to discontinue their use of the Application and may choose to deactivate their accounts at any time if they do not agree to changes in the commission rate. Continued use of the Application after the effective date of any commission rate adjustment shall constitute acceptance of the modified terms.

E. Service Requests, Acceptances, Cancellations and Refunds

1. Obligations of Cleaners. Cleaners agree to provide cleaning services in a professional, safe, and timely manner. Cleaners are responsible for bringing all necessary equipment and supplies unless the Consumer explicitly provides them. Cleaners further agree to comply with all applicable laws and regulations, including health and safety standards relevant to cleaning services.

Cleaners shall respect the privacy and property of Consumers at all times, and they shall not disclose or misuse any confidential or personal information encountered during the provision of services.

KLEENUP INC does not guarantee continuous or uninterrupted access to the Application. The company reserves the right to modify or discontinue the services at any time without notice.

 

2. Acceptances, Cancellations and Refunds. When a Consumer submits a service request through the Application, the Cleaner may either accept or decline the request. Once a request is accepted, the Cleaner is contractually obligated to provide the service at the agreed-upon time and location. Failure to fulfill the service commitment may result in penalties, including monetary fines, account suspension, or termination.

 

If a service must be canceled after acceptance, the Cleaner is required to notify the Consumer and KLEENUP INC through the Application at least 24 hours in advance. Repeated cancellations or failure to provide services as agreed may result in penalties, including but not limited to suspension or removal from the Application.

 

Users may cancel or reschedule bookings up to 24 hours before the scheduled time without penalty. If a User cancels a service less than 24 hours before the scheduled time, KLEENUP  INC reserves the right to impose penalties, including temporary suspension of the User’s account. If a cleaning service is not satisfactorily completed, Consumers may submit a complaint within 24 hours of service completion. KLEENUP INC will review the complaint and may, at its discretion, issue a partial or full refund. If the Cleaner cancels the service, the Consumer will be offered a full refund or the option to reschedule.

 

3. Service Quality and Consumer Ratings. KLEENUP INC is committed to maintaining the highest standards of service quality on the Application. To achieve this, KLEENUP INC employs a consumer rating and feedback system to monitor the performance of Cleaners. After the completion of each service, consumers will be invited to rate Cleaner’s performance and provide feedback. These ratings and reviews are critical for assessing Cleaner’s adherence to KLEENUP INC’s quality expectations.

 

Cleaners are required to maintain a minimum average rating as determined by KLEENUP INC, which may be updated from time to time at the company’s sole discretion. Falling below the minimum rating threshold, receiving repeated consumer complaints, or failing to meet service commitments, including frequent cancellations or no-shows, may result in warnings, suspension, or permanent termination of your access to the Application.

 

By using the Application, Cleaners agree to provide timely, professional, and courteous service, including adhering to any specific consumer requests or preferences communicated through the Application. Cleaners also agree to promptly address any issues or concerns raised by consumers or KLEENUP INC to resolve complaints effectively.

 

KLEENUP INC reserves the right to investigate complaints, review consumer feedback, and take appropriate corrective action to maintain service quality. Such actions may include, but are not limited to, issuing warnings, requiring additional training, imposing temporary suspensions, permanently terminating accounts, or withholding funds from a Cleaner’s escrow or payment account to issue refunds to Consumers in cases of service disputes, unsatisfactory performance, or violations of these Terms. In the event that a Consumer submits a valid complaint regarding substandard cleaning services or failure to perform services as agreed, KLEENUP INC may, at its sole discretion, deduct the necessary amount from the Cleaner’s account to compensate the affected Consumer. Cleaners acknowledge and agree that KLEENUP INC has the authority to determine the validity of such complaints and to process refunds accordingly.

 

Cleaners whose accounts are suspended or terminated due to repeated consumer complaints, failure to adhere to service standards, or violations of these Terms may not reapply for access to the Application without prior written approval from KLEENUP INC. Additionally, KLEENUP INC reserves the right to take legal or financial action against any Cleaner who engages in fraudulent activity, breaches contractual obligations, or attempts to circumvent the platform’s policies regarding payments and refunds.

 

Maintaining a high standard of service quality is essential to remain active on the Application and to continue receiving service requests through the platform. By accepting these terms, Cleaners acknowledge and agree to uphold these service quality expectations.

F. Payments

The Application facilitates payments between Consumers and Cleaners (“Payments”) through our payment processing partner Stripe, but KLEENUP INC is not a party to any such Payments. Unless otherwise indicated, Payments may be made for services only. Payments for tangible personal property are prohibited.

 

 

As a User of the Application, you hereby appoint KLEENUP INC to act as your agent for the limited purpose of facilitating and receiving Payments on your behalf through Stripe as contemplated herein. You acknowledge and agree that, subject to any rights you have pertaining to payment disputes, once a payment has been made through Application, the payment obligation of the payor User shall be deemed satisfied by the payee User upon receipt of the payment by KLEENUP INC as though the payor User had made the payment directly to the payee User.

 

 

KLEENUP INC does not offer any professional services directly or indirectly unless specified in a separate contract to which KLEENUP INC is a direct party. Any time a Consumer pays for or books services on the Application or receives a quote in connection with services, such Consumer is contracting directly with the Cleaner offering such cleaning services. Notwithstanding any facilitation of booking or payment, you understand and agree that KLEENUP INC (i) does not sell, offer, provide or subcontract any cleaning services and (ii) is not liable in any way for any cleaning services, except to the extent expressly set forth in the Terms. Notwithstanding KLEENUP INC’s role as a payment facilitator, each Cleaner who receives payments understands and agrees that they are obligated to perform the service as outlined in their agreement with the Consumer and work to remedy any material deviations from such contract.

 

Cleaners should note that they will need a social security number or employer identification number in order to receive payments. As a condition of receiving payments, you agree to provide KLEENUP INC with accurate and complete information about you and your business, and you authorize KLEENUP INC to share this information and transaction information related to your use of the payment processing services provided by Stripe.

 

Cleaners also agree that KLEENUP INC may debit their Stripe account in connection with disputes with Consumers. KLEENUP INC reserves the right to process such debits and to withhold final payments until KLEENUP INC has investigated disputes. KLEENUP INC may make a final decision on disputes in their sole discretion and, as a Service Professional, you understand that all payments you may earn on the Application are subject to such decisions. Additionally, Cleaners agree that KLEENUP INC may reverse payments that have been made to the Cleaner when a consumer refund or guarantee payout is warranted.

 

KLEENUP INC implements measures to secure all payment methods and personal financial information but expressly disclaims any liability for any damages resulting from the disclosure of personal financial information to unintended recipients. Users agree to hold KLEENUP INC harmless from any such damages.

 

KLEENUP INC may enable payments using credit, debit, or prepaid cards, by linking a bank account, or through any other supported payment method. The right to cancel or restrict the use of one or more authorized payment methods is reserved at the sole and absolute discretion of KLEENUP INC.

 

 

All requests for payment chargebacks, errors, claims, refunds, and disputes (“Payment Disputes”) will be reviewed by KLEENUP INC in accordance with the rules applicable to the payment method used for the transaction and will be resolved at KLEENUP INC’s absolute discretion. KLEENUP INC is not liable under any circumstances for Payment Disputes that cannot be resolved in favor of the requesting party. Valid written Payment Dispute requests are typically processed within 30 days of receipt, unless a shorter period is required by law. Payment Disputes may be submitted by emailing KLEENUP INC support at info@kleenup.com. 

 

 

If any actions result in or are likely to result in a Payment Dispute, a violation of the Terms, or if KLEENUP INC determines that an Account has been used to engage in deceptive, fraudulent, or illegal activity, KLEENUP INC may permanently withhold any amounts owed at its sole discretion. In the event of a past due balance or any additional amounts determined to be owed, KLEENUP INC may, without limiting any other rights or remedies: (a) charge one or more authorized payment methods, (b) offset any outstanding amounts against amounts that may be owed, (c) issue an invoice for the outstanding balance, which will be due upon receipt, (d) reverse or block any credits to a linked bank account, or (e) collect payment by any other lawful means.

 

If the Consumer fails to make payments owed when due, or if KLEENUP INC is unable to charge one of the Consumer’s payment methods for any reason, KLEENUP INC reserves all rights permissible under law to recover payment, including all costs and expenses incurred, such as reasonable attorneys’ fees and related costs. The Consumer explicitly agrees that all communication regarding delinquent accounts or overdue payments will be made by electronic mail or phone. Such communication may be conducted by KLEENUP INC or by any authorized party acting on its behalf, including but not limited to a third-party collections agent.

 

 

KLEENUP INC may, from time to time, place a hold on any of Consumer’s payment methods in order to prevent failed payments or in order to reverse your booking.

G. Copyright and Trademark

1. Copyright Notice. The Application, all pages included herein, and any materials made available for download (collectively the “Application”) are the property of KLEENUP INC and/or its affiliates. The Application is subject to protections provided by U.S. federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of KLEENUP INC. Your authorization to use the Application is limited to your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end-user license agreements. Any rights not expressly granted to you by the Terms or any applicable end-user license agreements are reserved by KLEENUP INC.

 

2. User-Generated Content. By posting content on the Application, you grant KLEENUP INC a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, publish, and distribute such content. You agree that any content you post complies with all applicable laws and does not infringe on the rights of third parties. KLEENUP INC reserves the right to remove content that violates the Terms or is otherwise inappropriate.


3. Trademark Notice. The name KLEENUP INC and all logos, trademarks, and service marks of KLEENUP INC are the exclusive property of KLEENUP INC. All other trademarks, service marks, and logos used in the Application are the trademarks, service marks, or logos of their respective owners.


4. Digital Millennium Copyright Act (“DMCA”): KLEENUP INC respects the intellectual property rights of others. Per the DMCA, KLEENUP INC will respond expeditiously to claims of copyright infringement on the KLEENUP INC’s website or application if such claims are submitted to KLEENUP INC’s designated Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, KLEENUP INC will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If you believe that your intellectual property rights have been violated by KLEENUP INC or by a third party who has uploaded materials to our application, please provide the following information to the designated Copyright Agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site;
  3. An address, telephone number, and email address where KLEENUP INC can contact you and, if different, an email address where the alleged infringing party, if not KLEENUP INC, can contact you;
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
  6. Your electronic or physical signature.

KLEENUP INC may request additional information before removing any allegedly infringing material. In the event that KLEENUP INC removes the allegedly infringing materials, KLEENUP INC will immediately notify the person responsible for posting such materials that KLEENUP INC removed or disabled access to the materials. KLEENUP INC may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). KLEENUP INC designated Copyright Agent is:

     Mirakmal Niyazmatov
     mirakmal@kleenup.com
     (443) 226-2699

H. Disclaimers of Warranties, Limitation on Liability and Indemnification

KLEENUP INC provides the platform and its content on an “as is” and “as available” basis, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. KLEENUP INC does not guarantee the accuracy, reliability, timeliness, or availability of the platform, service providers, or third-party content accessed through it. Users assume full responsibility for their use of the platform and any services obtained through it. Any numbers, images, or screenshots displayed are for illustrative purposes only. Some jurisdictions may not allow the exclusion of implied warranties, so certain disclaimers may not apply.

 

To the maximum extent permitted by law, KLEENUP INC, its officers, directors, employees, advisors, agents, and affiliates shall not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, including but not limited to loss of profits, business, data, or reputation, resulting from a) the use or inability to use the platform; b) interactions or transactions between users and service providers; c) technical errors, service interruptions, or security breaches; d) any other matter relating to KLEENUP INC’s platform or services.

 

Even if KLEENUP INC has been advised of the possibility of such damages, its total liability shall not exceed the greater of (a) the total amount you paid to KLEENUP INC in the past three (3) months or (b) $100.

 

You agree to indemnify, defend, and hold harmless KLEENUP INC, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to a) any violation of the Terms or any applicable law; b) the use or misuse of the platform; c) any dispute between you and a service provider or another user; d) any third-party claims resulting from your actions or omissions.

 

Third-Party Services. KLEENUP INC utilizes third-party service providers to facilitate services available through the Application. The use of such third-party services is at the sole risk of the User. KLEENUP INC is not responsible for the actions, omissions, or service quality of third-party providers and disclaims all liability related thereto. Users agree to indemnify and hold KLEENUP INC harmless from any claims, damages, or losses arising from interactions with third-party providers.

 

KLEENUP INC makes no representations regarding the availability, security, or content of third-party applications accessed via the Application. Any third-party application or website linked through the Application is independent of KLEENUP INC, which exercises no control over its content or operation. The inclusion of links to third-party applications does not imply endorsement, sponsorship, or responsibility for their content. Users are solely responsible for verifying the security and legitimacy of any external application or content accessed through the Application, including ensuring the absence of malicious software such as viruses, worms, or trojans.

I. Account Security, Consumer Privacy and Confidentiality

1. User ID: Users registering to use the Application must create a user ID and password, which must be kept secure and confidential. Users are responsible for all activity conducted through their account until it is closed or KLEENUP INC verifies that security was compromised due to no fault of the User. KLEENUP INC shall not be liable for any charges or liabilities incurred due to a User’s failure to secure their account credentials.

2. Account Security: Users must maintain the confidentiality of their login credentials and are responsible for all activities associated with their accounts. In case of suspected unauthorized access, Users must notify KLEENUP INC immediately. KLEENUP INC shall not be held liable for losses or damages arising from unauthorized use of an account.

3. Application Content: While KLEENUP INC strives to ensure the accuracy and integrity of the Application, it makes no guarantees regarding the correctness or reliability of the information contained therein. The Application may contain technical inaccuracies, typographical errors, or unauthorized modifications made by third parties. Users identifying inaccuracies are encouraged to report them so that corrections can be made. KLEENUP INC reserves the right to update or modify information on the Application without prior notice.

4. Tracking Communications: To ensure the appropriate application of Fees and compliance with the Terms, KLEENUP INC may monitor communications between Consumers and Cleaners that occur outside the Application via email, phone, SMS, or third-party platforms. This may involve obscuring a Cleaner’s contact information, replacing it with a forwarding service, or implementing other tracking methods. KLEENUP INC will not record or review the content of off-platform communications unless explicit User consent is obtained.

 

5. One-Time Password (OTP) Verification: To enhance account security, KLEENUP INC employs a One-Time Password (OTP) verification system during registration and sign-in. By using the service, Users consent to receiving OTPs sent to their registered mobile numbers or email addresses for authentication purposes. OTPs are for single-use verification and must not be shared with others. OTP verification is a mandatory security measure, and Users consent to receiving these messages as part of the authentication process.

6. Communication Monitoring: If Users communicate via text message with a Cleaner or Consumer using a phone number listed on the Application, KLEENUP INC may use a third-party service provider to track such communications. This tracking is implemented to prevent fraud, facilitate appropriate fee application, enforce compliance with the Terms, and ensure service quality. As part of this process, KLEENUP INC and its service provider may collect and store real-time data related to such communications, including the date and time of the message, User phone numbers, and the message content.

7. Consumer Privacy: KLEENUP INC is committed to protecting the privacy of its Users in compliance with applicable privacy laws. Users have the right to request disclosure, correction, or deletion of their personal information, subject to legal exceptions for compliance, fraud prevention, and contractual obligations. Users may opt out of the sale or disclosure of their personal data unless necessary for transactions, fraud prevention, or legal compliance. Exercising privacy rights will not result in denial of service or discrimination unless variations in service are justified by the value of the data provided.

8. Photographic Documentation and Uploads

By using the Application, Consumers expressly authorize Cleaners to take photographs or video recordings of service areas before, during, and after the cleaning services for the sole and limited purposes of: (a) documenting the condition of the premises; (b) providing evidence of completed work; (c) resolving disputes regarding service quality or scope; (d) supporting internal quality assurance and review procedures.


Such photographs or videos may be uploaded to the Application and accessed only by the Cleaner, the Consumer, and authorized representatives of KLEENUP INC. KLEENUP INC will not publicly share such media without the express consent of the Consumer.


Cleaners are strictly prohibited from taking or uploading any photographs or video recordings of the Consumer, their personal property, or any areas outside the scope of the agreed-upon cleaning service without the Consumer’s express prior written consent. All photo documentation must be limited to service-related purposes as outlined in Section 9.1 and must comply with KLEENUP’s Privacy Policy.


Photographs and videos submitted through the Application are stored in accordance with KLEENUP INC’s data retention and privacy policies. They will only be retained as long as necessary to fulfill the purposes set out in this Agreement or as required by law.


Any unauthorized capture, use, sharing, or distribution of photographic or video content obtained through the Application may result in suspension or termination of the Cleaner’s access to the platform and may subject the Cleaner to legal liability.


9. Data Collection: KLEENUP INC collects personal information, including identifiers, commercial data, internet activity, geolocation, and other data voluntarily provided by users. This information is used to provide and improve services, facilitate secure transactions, comply with legal obligations, and prevent fraud. KLEENUP INC may also use the information lawfully collected from users for business purposes such as analytics, research, service development, marketing (where permitted by law), and internal operations. Personal data may be shared with third-party service providers for payment processing, service fulfillment, and technical support, and disclosed as required by law, in response to legal requests, or during business transfers. KLEENUP INC employs security measures such as encryption and access controls to safeguard personal information but acknowledges that no system is entirely secure. Users are responsible for maintaining the confidentiality of their account credentials. Users may submit verified requests regarding their data by contacting info@kleenup.com. KLEENUP INC does not knowingly collect personal information from children under 13 and will delete such data upon verified parental request.

10. GDPR Disclaimer: KLEENUP INC is not subject to the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) or the UK GDPR, as it does not target or offer services to individuals in the EEA or UK. KLEENUP INC does not provide services to individuals located in the European Economic Area (EEA) or the United Kingdom (UK) and does not knowingly collect, process, or store personal data from individuals in these regions. Individuals located in these regions are not permitted to use KLEENUP INC’s services. In the event that personal data from an individual in the EEA or UK is inadvertently collected, KLEENUP INC will take all necessary steps to delete such data in accordance with the consumer privacy and data collection provisions.

 

J. Confidential and Proprietary Information

1. Confidential Information: KLEENUP INC is not soliciting, and does not wish to receive, any confidential or proprietary information from you through the Application, except to the limited extent that certain personal information may be necessary to complete a transaction requested by you.  Except as expressly set forth in our Privacy Policy, any information or material sent to KLEENUP INC through the Application will be deemed NOT to be confidential. By sending KLEENUP INC any information or material (except as expressly set forth in our Privacy Policy), you grant KLEENUP INC an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information. You further agree that KLEENUP INC has the right to use for any purpose at its sole discretion any ideas, concepts, know-how, or techniques that you provide to KLEENUP INC.

 

2. Permissions: The contents of the pages included within the Application, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by KLEENUP INC and contain KLEENUP INC’s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring KLEENUP INC services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. KLEENUP INC does NOT grant permission to use KLEENUP INC icons, Application address, or other content to hyperlink other Internet Applications with any page in the Application. KLEENUP INC assumes no responsibility for any third-party Application hyperlinked to the Application or for any third-party Application which includes a hyperlink to the Application or any pages herein.

 

Any comments or materials sent to KLEENUP INC by you, including feedback data (e.g., questions, comments, suggestions) regarding the content of the Application, Application-related services, or any hyperlinked Applications (collectively “Feedback”), shall be deemed to be non-confidential. KLEENUP INC shall have no obligation of any kind with respect to such Feedback and has the right to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute Feedback to third parties without limitation. Submission of any Feedback by you shall constitute your permission for any such use by KLEENUP INC.  KLEENUP INC, at its sole discretion, shall have the right to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

 

KLEENUP INC is not responsible for the use or misuse or misappropriation by any third party of any content or information you post in any public forum hosted on the Application.

 

3. Social Media: Users are encouraged to help spread awareness of KLEENUP INC and encourage their contacts to join our Application.  If this option is selected by the user, the KLEENUP Application may access the user’s social-media accounts for the purpose of reaching out to contacts and sending invitations to join the KLEENUP Application.  KLEENUP INC does not publicize confidential, personal information of users in this process.  All social media activity is conducted in accordance with our Privacy Policy.

K. Dispute Resolution, Arbitration and Class Action Waiver

1. Dispute Resolution among Users. KLEENUP INC understands that disputes may occasionally arise between or among Users, including disputes between Consumers and Cleaners regarding services provided through the Application. KLEENUP INC provides tools to assist parties in resolving such disputes independently. In the event a dispute cannot be resolved without third-party intervention, Users agree, at KLEENUP INC’s request, to participate in good faith in a neutral resolution or mediation process conducted by KLEENUP INC or a neutral third-party mediator or arbitrator selected by KLEENUP INC. Notwithstanding this provision, Users acknowledge and agree that KLEENUP INC has no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party. 

 

2. Dispute Resolution with KLEENUP INC. Most disputes between Users and KLEENUP INC can be resolved without resorting to litigation. Users may contact KLEENUP INC’s support team at info@kleenup.com to attempt resolution through direct consultation. Except for claims related to intellectual property and matters eligible for small claims court, the parties agree to use their best efforts to resolve any dispute, claim, question, or disagreement through direct negotiation before initiating legal proceedings. Good faith negotiations shall be a mandatory prerequisite before any party may initiate a lawsuit or arbitration.

 

If the parties do not reach a resolution within thirty (30) days from the initiation of informal dispute resolution efforts, either party may elect to submit the dispute to binding arbitration as the exclusive means of resolving any claim arising from or relating to these Terms. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA). By agreeing to these Terms, Users acknowledge that arbitration is a legally binding process that replaces the right to bring claims in court, including the right to a jury trial. Users further acknowledge that arbitration costs may, in certain instances, exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

 

3. Cost of Dispute Resolution: Each party shall bear its own costs, expenses, and attorneys’ fees incurred in connection with any dispute, claim, or legal proceeding arising out of or relating to these Terms of Service, the use of the platform, or any services provided. In no event shall KLEENUP INC, its officers, directors, employees, or affiliates be responsible for reimbursing or paying any costs, attorneys’ fees, or other expenses incurred by any user or third party, regardless of the outcome of the dispute, unless required by applicable law. No party shall be entitled to an award of costs or fees against KLEENUP INC.

 

 

4. Choice of Law and Venue. The Terms and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its choice of law principles. Any dispute, claim, or controversy subject to litigation shall be brought exclusively in the state or federal courts located in the County of Baltimore, Maryland. Each party consents to the exclusive jurisdiction of these courts and waives any jurisdictional, venue, or inconvenient forum objections.

 

5.Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative proceeding. The right to file or participate in a class action or seek relief on a class-wide basis is expressly waived. Users and KLEENUP INC agree that each party may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative action.

 

The provisions of this section, including those related to arbitration and the class action waiver, shall survive any termination of a User’s account or access to the Application.

L. Unlawful or Prohibited Use

1. Prohibited Use: Users are strictly prohibited from engaging in any unlawful or inappropriate conduct in connection with their use of the Application. Prohibited conduct includes, but is not limited to, submitting or transmitting content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that encourages or promotes illegal or harmful activities. Users shall not engage in any activity that constitutes a criminal offense, gives rise to civil liability, or violates any applicable laws or regulations.

 

Users are further prohibited from recruiting, soliciting, or contacting Cleaners or Consumers for employment or any purpose not expressly permitted by the Application. Misrepresentation of identity, qualifications, project details, or any other information in connection with the use of the Application is strictly prohibited. Users shall not use another person’s account or post false or misleading content on the platform.

 

 

The use of automated systems, including but not limited to bots, spiders, scrapers, and offline readers, to access or extract data from the Application for any purpose is strictly prohibited. Users may not copy, misuse, or misappropriate content, including text, images, or data, for use on mirrored, competitive, or third-party platforms. Any action that interferes with the proper operation of the Application, circumvents security measures, or places an undue burden on the Application’s infrastructure is strictly forbidden.

 

 

Users shall not distribute viruses, malware, or any other technology that may harm the Application or its Users. Unauthorized access, collection, harvesting, sale, or publication of personal information, including User data, is prohibited unless explicitly authorized under these Terms. Any attempt to manipulate or undermine the accuracy of the Application’s review and rating system, circumvent fee structures, or engage in fraudulent transactions is strictly prohibited.

 

 

Users shall not create multiple accounts without prior authorization from KLEENUP INC or share subscriptions across multiple households in violation of these Terms. Any User found engaging in prohibited conduct shall be subject to enforcement actions, including, but not limited to, account suspension or termination, financial penalties, and legal proceedings.

 

2. Account Suspension or Termination: KLEENUP INC reserves the right, in its sole discretion, to limit, restrict, block, suspend, deactivate, or permanently terminate a User’s transaction(s) or account, in whole or in part, at any time, with or without cause, and with or without prior notice. Such actions may be taken in response to violations of these Terms, complaints from Consumers or Cleaners, engagement in fraudulent or deceptive practices, abuse of the platform, or any other conduct that KLEENUP INC deems harmful to its business, reputation, or other Users.

 

 

In the event of account suspension or termination, KLEENUP INC may take one or more of the following actions without prior notice: (a) deactivate or suspend the User’s account, disable login credentials, and restrict access to the Application, including all User Content, features, and support services; (b) notify other Users that the account has been suspended, deactivated, or otherwise penalized, and disclose the reasons for such action if deemed necessary; and (c) deny the User any right to compensation, refund, or reimbursement for canceled, delayed, or affected services resulting from the suspension or termination.

 

 

Users may voluntarily cancel their use of the Application and terminate their accounts at any time by navigating to the “Settings” section within their profile, selecting “Account,” and clicking “Deactivate Account.” Upon voluntary termination by a User, KLEENUP INC shall have no obligation to delete, return, or provide access to any User Content previously submitted or posted on the Application, including, but not limited to, reviews, messages, or any other form of content. KLEENUP INC reserves the right to retain such content for compliance, recordkeeping, or legitimate business purposes as permitted by applicable laws.

 

 

Users whose accounts have been suspended or terminated due to repeated violations of these Terms, fraudulent activity, or misconduct shall be prohibited from reapplying for access to the Application without the prior written consent of KLEENUP INC Additionally, KLEENUP INC reserves the right to take legal or financial action against any User who engages in fraudulent activity, breaches contractual obligations, or attempts to circumvent the platform’s policies regarding fees, refunds, and account restrictions.

 

3. Damages for Unlawful or Prohibited Use: KLEENUP INC reserves the right to impose liquidated damages for violations of this section, including, but not limited to, up to $5,000 per instance of submitting unlawful or inappropriate content, $5,000 per instance of using automated systems, $7,500 per violation of misappropriating KLEENUP INC’s intellectual property, $2,500 per instance of unauthorized solicitation, liquidated damages equal to three times the fees owed for circumventing the fee structure, and up to $15,000 per unauthorized collection, sale, or publication of User information, or the maximum amount permitted by law. KLEENUP INC also reserves the right to seek actual damages exceeding these amounts where applicable and to recover reasonable attorney’s fees and enforcement costs.

M. Product Purchase and Payment

1. Online Store. KLEENUP INC may make available for purchase certain products, equipment, and services via its online store. All transactions initiated and/or processed on the Application are made in accordance with the Terms of Use. By submitting an order through the online portal included within the Application, you agree to purchase any products or services selected, to pay for any such products or services purchased, and to comply with the terms, conditions, and warranties set forth in the Terms of Use and with any specific terms of purchase and/or use.


Upon your completion of a purchase on KLEENUP INC’s online store, KLEENUP INC will accept payment from you via credit card, which may be processed through a third-party. You warrant that any credit card transaction initiated by you on the Application shall be made in accordance with the terms of any applicable agreement between you and the issuing credit card company. After payment is processed, KLEENUP INC will direct our vendor-partners to ship any purchased products directly to the shipping address provided by you at check-out. KLEENUP INC will tender the purchase price to the vendor according to contractual terms agreed between KLEENUP INC and the respective vendor.


2. Warranties at Check-Out. When you purchase any product(s) from the Application, you warrant to KLEENUP INC that (i) all information provided by you, including without limitation your name, address, and credit card information, is true and accurate; (ii) you have the lawful right to provide to KLEENUP INC any information provided by you when registering for the Application and/or purchasing products on the Application, and that your provision of any such information to KLEENUP INC does not violate the rights of any third parties; (iii) you are authorized to incur charges on any credit card submitted by you to KLEENUP INC; and (iv) you have read and agree to KLEEN INC’s Terms of Use Agreement and Privacy Policy.

 

When you submit and complete a purchase, you acknowledge that you have been fully informed of KLEENUP INC’s personal data protection policy, as set forth in the Privacy Policy included herein, including your right to revoke your consent at any time and your right to have your information removed.

 

You acknowledge and agree that, in the event KLEENUP INC incurs any costs, fees, charges, expenses, damages, or other liability as a result of your submitting inaccurate or fraudulent information to KLEENUP INC or incurring charges on a credit card for which you are not an authorized user, you shall be liable to KLEENUP INC for any and all such costs, fees, charges, expenses, damages and/or liability incurred by KLEENUP INC.

 

3. Payment Information. When you purchase services or products on the Application, you agree that KLEENUP INC may store your payment information and that KLEENUP INC may use that payment information to charge the applicable fees for the products purchased and all related taxes and shipping costs (which shall be disclosed at the time of purchase). You further agree that you shall not cancel, reverse, or dispute any payment with the issuing credit card company after you have submitted a validly authorized service order through the Application. In the event a payment provided by you is declined by the issuing credit card company or canceled by you, the order relating to such payment shall be canceled and neither KLEENUP INC nor its vendors shall have any obligation to provide the purchased services. If payment is rejected or canceled by you after you have already received the purchased services, you shall issue a substitute payment to KLEENUP INC for the full amount of the service price and reimburse KLEENUP INC for any additional fees incurred by KLEENUP INC as a result of the rejection or cancellation. In the event KLEENUP INC is forced to refer any amounts owed by you for collection, you agree to reimburse KLEENUP INC for all collection costs incurred in recovering the amounts owed, including a reasonable attorney’s fee.

N. Miscellaneous Provisions

1. Severability: If any provision of the Terms is found to be invalid, void, or unenforceable, the remaining provisions will nonetheless continue in full force.

 

2. Entire Agreement: The Terms constitute the entire agreement between KLEENUP INC and you pertaining to the subject matter herein and supersede all prior written or oral agreements with respect to the subject matter. Any waiver by KLEENUP INC of any provision herein shall not constitute a waiver of any other provision or waiver of the same provision at any other time.

 

3. Modification: In its sole discretion, KLEENUP INC may modify the Terms of Use by posting a revised version on the Application. You agree that each visit by you to the Application constitutes a new transaction governed by the terms of use linked on the Application at that time.

 

4. Section Headings: The section headings in the Terms are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of the provisions set forth herein.

P. Contact Information

For support and queries regarding the Terms, please contact info@kleenup.com.

Last updated: April 2, 2025

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