KLEENUP INC

Terms of Service Agreement

Last updated: August 26, 2025

A. ACCEPTANCE OF TERMS OF USE AGREEMENT

This Terms of Service 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.

Under these Terms, KLEENUP INC has certain rights.  No delay or failure by KLEENUP INC to exercise any right or remedy under the Terms shall be deemed to be a waiver of that right or remedy, and KLEENUP INC’s rights under the Terms shall remain preserved and fully enforceable at all times.

B. BIDDING AND DIRECT HIRE PROCESS 

The Application is a digital marketplace that facilitates the provision of on-demand and à la carte cleaning services. The platform operates through two mechanisms: (1) a binding bidding system, where Consumers can solicit competitive offers from multiple Cleaners and select a Cleaner based on submitted bids; and (2) a Direct Hire option, which allows Consumers to bypass bidding and directly select a specific Cleaner to perform the requested cleaning service.

The bidding process commences when a Consumer posts a cleaning project on the Application. The Consumer is required to provide a detailed description of the cleaning services needed and may optionally specify a target budget. Upon submission, the project becomes available to Cleaners, who may place bids by submitting the total amount they are willing to accept to complete the job as described.

Throughout the open bidding period, multiple Cleaners may submit competing bids. The Consumer may review all active bids and select one Cleaner to perform the job. 

ONCE A CLEANER IS SELECTED BY A CONSUMER AS THE WINNING BIDDER FOR A PROJECT, THE CLEANER AND CONSUMER ARE DEEMED TO HAVE ENTERED INTO A BINDING AGREEMENT TO PERFORM AND TO ACCEPT THE CLEANING SERVICES IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS AND AT THE BID AMOUNT SUBMITTED.

UPON ACCEPTANCE OF A BID OR CONFIRMATION OF A DIRECT HIRE BOOKING, THE CONSUMER IS REQUIRED TO MAKE FULL PAYMENT OF THE AGREED-UPON SERVICE PRICE, WHICH WILL BE HELD IN ESCROW BY KLEENUP INC UNTIL ANY DISPUTES HAVE BEEN RESOLVED, WHEREUPON FUNDS, ADJUSTED FOR FEES AND TAXES AND ANY DISPUTE RELATED ADJUSTMENTS WILL BE RELEASED TO THE CLEANER. 

CLEANERS SELECTED THROUGH THE BIDDING SYSTEM OR ENGAGED VIA DIRECT HIRE ARE STRICTLY PROHIBITED FROM RENEGOTIATING THE SERVICE PRICE AFTER ACCEPTANCE. THE CLEANER IS CONTRACTUALLY OBLIGATED TO PERFORM THE JOB AT THE AGREED-UPON TIME AND UNDER THE TERMS DESCRIBED IN THE ORIGINAL SERVICE POSTING (FOR BIDS) OR SERVICE OFFER (FOR DIRECT HIRE). ANY ATTEMPT TO ALTER THE PRICE, SCOPE, OR TIMING OF THE SERVICE AFTER CONFIRMATION MAY RESULT IN IMMEDIATE REMOVAL FROM THE PLATFORM, WITH NO RIGHT TO APPEAL.

CONSUMERS, SIMILARLY, ARE OBLIGATED TO FULFILL THEIR PAYMENT DUTIES, AS FURTHER DESCRIBED IN THE TERMS. FAILURE TO ADHERE TO ANY OBLIGATIONS STEMMING FROM THE BIDDING PROCESS, INCLUDING ATTEMPTS TO CANCEL, RENEGOTIATE, OR OTHERWISE CIRCUMVENT THE AGREED-UPON TERMS, MAY RESULT IN SUSPENSION OR PERMANENT REMOVAL FROM THE KLEENUP PLATFORM FOR BOTH CONSUMERS AND CLEANERS.

C. KEY TERMS

“Company” refers to KLEENUP INC, the entity that owns, operates, and provides access to the 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 owned websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through KLEENUP INC. “Platform” may be used interchangeably with “Application.”

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.

“Partners” means third-party companies with which KLEENUP INC has entered into a strategic business relationship to promote, co-market, refer, or otherwise support mutual commercial objectives. Partners are not employees, agents, affiliates, or representatives of KLEENUP INC and do not have authority to act on its behalf unless explicitly stated in writing.

“Direct Hire” allows a Consumer to select a specific Cleaner and place a service order directly with that Cleaner, without soliciting or reviewing bids from other Cleaners. The terms of service, including pricing, availability, and scope of work, are accepted as presented by the selected Cleaner at the time of booking.

“Bidding System” enables Consumers to post cleaning service requests and receive price offers (bids) from multiple Cleaners. Cleaners submit binding bids specifying the price, availability, and other terms for the requested service. The Consumer may then select a Cleaner based on the submitted bids. Once a bid is accepted, a binding agreement is formed between the Consumer and the selected Cleaner.

D. ELIGIBILITY, INDEPENDENT CONTRACTOR STATUS, BACKGROUND CHECK, INSURANCE 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 (eighteen) 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.
  2. Eligibility to Qualify as a Cleaner: To qualify as a Cleaner on the Application, (1) you are at least 18 (eighteen) years of age; (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. 
  3. 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 any Cleaners 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: All Cleaners registering on the KLEENUP Application, whether individuals or owners of a Cleaning Company, are required to undergo a background check at registration and at least once every six (6) months thereafter to maintain eligibility on the platform. By registering, the Cleaner expressly authorizes KLEENUP INC and its designated third-party vendors to obtain background reports, which may include but are not limited to criminal conviction records, sex offender registry status, and other information relevant to platform safety standards. The Cleaner further consents to provide accurate and complete identifying information, including full legal name, date of birth, current address, and Social Security Number (“SSN”).

Certain background checks may be performed without an SSN; however, in such cases, results may be incomplete or less accurate. KLEENUP INC does not validate SSNs against government databases such as the Social Security Administration (SSA) or the Social Security Number Verification Service (SSNVS), as Cleaners are independent contractors and not employees of KLEENUP INC.

KLEENUP INC may offer an optional “Background Check Badge” feature for Cleaners who undergo a background check using either their (i) SSN or an (ii) ITIN or some other identifying information (collectively an “SSN Alternative”) as part of the verification process. The badge is intended to serve as an informational indicator to Consumers that the Cleaner has completed an SSN-based or SSN Alternative-based background check through KLEENUP INC’s designated third-party vendor. Consumers may contact KLEENUP INC at info@kleenup.com to confirm whether a Cleaner has completed an SSN-based or SSN Alternative-based background check.   In cases where KLEENUP INC offers a Background Check Badge for both SSN-based or SSN Alternative-based background checks, the color of the Background Check Badge may indicate whether the SSN or an SSN Alternative was used for the background check, with, for instance, the Background Check Badge being gold colored if the SSN was and silver colored otherwise. 

It is possible that certain Cleaners have never undergone any background check or have undergone a background check more than six (6) months prior the date that such Cleaner’s information is made available to the Cleaner; it is possible that certain Cleaners’ background check has yielded ambiguous, inaccurate or unclear information or has yielded information that a Consumer would find unsatisfactory for its purposes. 

The presence of a Background Check Badge: a) Does not constitute an endorsement, representation, warranty, certification, or guarantee by KLEENUP INC regarding the Cleaner’s identity, licensing, insurance status, trustworthiness, safety, or suitability; b) Does not confirm that the Cleaner has no criminal history, only that the Cleaner has completed the specified background check at the time it was performed; and c) May be removed at any time if the Cleaner’s account is suspended, terminated, or fails to meet KLEENUP INC’s background check renewal requirements.

Consumers may consider the Background Check Badge in their decision-making process but in doing so they remain solely responsible for evaluating and determining whether to engage a particular Cleaner and remain solely responsible for any consequences that arise from such a decision.  KLEENUP INC expressly disclaims any and all liability for reliance placed on the Background Check Badge or its underlying background check results and Consumer agrees that i) the background check information received or inferred from KLEENUP may be incorrect, incomplete or outdated and ii) it waives any rights to take any action against KLEENUP INC related to any harm – consequential, actual, perceived, direct or indirect – that such Consumer may suffer because of actions performed by a Cleaner or its representatives where the Consumer has elected the such cleaner using the Application, including, but not limited to, election made in reliance on the absence or existence of a Background Check Badge.

Any cleaning company and its authorized representatives (collectively, the “Cleaning Company”) registering with the Application, either directly or indirectly, acknowledge and agree that, while KLEENUP INC makes reasonable efforts to verify the identity and perform background checks on the individual registering on behalf of the Cleaning Company, KLEENUP INC does not independently verify legal ownership of the company.

KLEENUP INC conducts background checks solely on the individual registering as a Cleaner or the authorized representative of a Cleaning Company. KLEENUP INC does not conduct background checks on any other employees, contractors, or agents (“Personnel”) engaged by a Cleaning Company. It is the sole responsibility of the Cleaning Company to perform, at its own expense, comprehensive background checks on each member of its Personnel prior to assigning them to any service request booked through the Application, and to update such checks at least once every six (6) months thereafter.

By participating on the Application, 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 under applicable law. The Cleaning Company further agrees to indemnify and hold harmless KLEENUP INC from any claims, damages, or liabilities arising out of or relating to its failure to comply with these obligations. KLEENUP INC reserves the right to request proof of compliance at any time and may suspend or terminate the Cleaning Company’s account for non-compliance.

KLEENUP INC assumes no liability for the accuracy, completeness, or reliability of background reports obtained from third-party vendors. Continued participation as a Cleaner is contingent upon passing all required screenings. Cleaners must notify KLEENUP INC of any criminal convictions occurring after their most recent background check; failure to do so may result in immediate suspension or termination of account access.

Cleaners must promptly notify KLEENUP INC if they have a reasonable expectation that something has changed in their background or in the background of any of their Personnel that could possibly cause a change in the outcome of background checks for them or their Personnel.  Failure to promptly notify KLEENUP INC in such circumstances constitutes a breach of the Terms.

Consumers acknowledge that background checks conducted by KLEENUP INC do not constitute an endorsement, representation, warranty, certification, or guarantee of any Cleaner’s identity, licensing, insurance status, trustworthiness, safety, or suitability. Background check results are provided solely as informational resources, and Users remain solely responsible for evaluating and determining the appropriateness of engaging with another User.

Consumers acknowledge that KLEENUP INC is a technology platform that connects Consumers with independent Cleaning Companies and does not employ, supervise, or control the Personnel dispatched by such companies. Consumers further acknowledge that KLEENUP INC conducts background checks only on the registering Cleaner or authorized representative of the Cleaning Company and may not conduct background checks on all individual Personnel. Accordingly, Consumers expressly release and hold harmless KLEENUP INC from any and all liability arising out of or relating to the acts, omissions, misconduct, negligence, or criminal or civilly liable activity of any Cleaner or its Personnel, to the fullest extent permitted by law. Consumers remain solely responsible for evaluating and deciding whether to engage a particular Cleaner, and KLEENUP INC shall not be liable for any reliance placed on background check information.

CONSUMER ACKNOWLEDGES THAT THROUGH THESE TERMS IT HAS BEEN ADVISED BY KLEENUP INC OF I) KLEENUP INC’S DISCLAIMERS RELATED TO BACKGROUND CHECKS THAT KLEENUP INC MAY CONDUCT AND THE RESULTS THEREOF, WHICH  KLEENUP INC MAY OR MAY NOT PRESENT TO THE CONSUMER AND II) CERTAIN WAIVERS OF RIGHTS THAT CONSUMER HAS AGREED TO RELATED TO SUCH BACKGROUND CHECKS AND RESULTS AND CONSUMER’S ELECTION OF CLEANERS REGARDLESS OF WHETHER OR NOT SUCH ELECTION WAS IN ANY WAY IMPACTED BY SUCH BACKGROUND CHECKS AND RESULTS.

KLEENUP INC strongly recommends that Consumers review in detail the Safety Guidelines available to the consumer on the KLEENUP INC website at at the following web address: https://www.kleenup.com/safety-guidelines/ 

  1. Insurance and Subrogation: Cleaners acknowledge and agree that they are registering with the KLEENUP platform as independent contractors, not employees, agents, or representatives of KLEENUP INC. As such, Cleaners are solely responsible for obtaining, carrying, and maintaining, at their own expense, all insurance coverage required to perform cleaning services through the platform, including: (i) general liability insurance; (ii) workers’ compensation insurance (if legally required); (iii) professional liability insurance (errors and omissions); (iv) commercial auto insurance (if a vehicle is used for service-related purposes); and (v) any other insurance required under applicable local, state, or federal law.

Cleaners acknowledge that, if they are sole proprietors and wish to obtain workers’ compensation coverage, it is their sole responsibility to purchase and maintain the required policy and to file the appropriate election form with the Maryland Workers’ Compensation Commission.

Cleaners further agree that:

Cleaners expressly waive any and all claims, demands, or causes of action against KLEENUP INC arising out of or related to personal injury, property damage, or other losses incurred in connection with the cleaning services they provide through the platform.

Cleaners acknowledge that KLEENUP INC is solely a technology platform facilitating connections between independent Cleaners and Consumers. KLEENUP INC does not supervise, control, or direct the work of Cleaners, and assumes no responsibility for their conduct, acts, omissions, or any damages or injuries arising out of services rendered.

  1. Certification of Active Insurance

Cleaners certify that they currently hold active insurance coverage that complies with the above requirements and applicable laws.

Cleaners are encouraged to obtain and maintain general liability insurance that meets the following requirements: 

  1. Warranties: By registering for and using the Application, the Cleaner expressly warrants that (i) the Cleaner is not a competitor of KLEENUP INC; (ii) the Cleaner is not using the Application for the purpose of competing with KLEENUP INC; (iii) only one profile will be maintained at any given time by the Cleaner unless KLEENUP INC has authorized the maintenance of multiple accounts; (iv) 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; (v) no rights of KLEENUP INC, including intellectual property rights such as copyright or trademark rights, will be violated; (vi) 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; (vii) 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; (viii) complete and accurate information will be provided to KLEENUP INC; and (ix) the Cleaner has read, reviewed, and agrees to KLEENUP INC’s Terms of Use Agreement and Privacy Policy.

E. SERVICE FEES AND COMMISSION STRUCTURE

  1. Service Fees: KLEENUP INC charges a commission fee on the total amount received by Cleaners for services completed through the Application (the “Commission Rate“). When a services order is placed, the Consumer’s payment is collected and held by KLEENUP INC or a third party designated by KLEENUP INC. Upon confirmation that the services have been completed and there is no dispute, which confirmation may consist of the expiry of a time window after which disputes can no longer be raised consistent with these Terms, KLEENUP INC deducts its commission fee from the related payment received from a Customer and, within the assigned payout time window specified in the Terms, KLEENUP INC transfers the remaining balance to the Cleaner. The commission fee compensates KLEENUP INC for facilitating connections between Cleaners and Consumers, providing payment processing, providing dispute management and marketing and maintaining the platform.
  2. Commission Rate Change: Upon registration by a Cleaner and approval of such registration by KLEENUP INC, KLEENUP INC will notify such Cleaner about the Commission Rate in effect.   Any party considering registering as a Cleaner on the Application has the right to inquire with KLEENUP INC about the expected Commission Rate.  KLEENUP INC reserves the right to modify the Commission Rate and the mechanism for computing the commission fee (the “Commission Structure”) at any time, for any reason and 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 Commission Structure. 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 or the Commission Structure. Continued use of the Application after the effective date of any Commission Rate or Commission Structure adjustment shall constitute acceptance of the modified terms.

F. SERVICE REQUESTS, ACCEPTANCES, CANCELLATIONS AND REFUNDS

  1. Service Request and Escrow Payment. When a Consumer posts a cleaning job through the Application and selects a Cleaner—either via the bidding process or direct hire—the Consumer is required to make full payment for the service at the agreed-upon price. The payment will be held in escrow by KLEENUP INC and will not be released to the Cleaner until the job is verified as completed and no disputes have been filed within the allotted time period.
  1. Cleaner Acceptance and Obligation. Once a Cleaner accepts a job, whether through the bidding system or direct hire, they are contractually obligated to appear at the scheduled time and complete the cleaning services in accordance with the job description. 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 the cleaning services industry.

Consumers must provide Cleaners with clear, lawful, and uninterrupted access to the premises in order to complete the service. This includes ensuring that electricity and water are available, alarm systems are disarmed, pets are safely secured, valuables are put away and all areas designated for cleaning are freely accessible. Unsafe or inaccessible environments may result in job cancellation and partial compensation to the Cleaner for time and travel. 

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

The Cleaner may not unilaterally cancel or reschedule a confirmed job without prior Consumer consent. Failure to appear for a confirmed appointment without appropriate notice may result in suspension, removal from the platform, and/or assessment of liquidated damages in accordance with these Terms.

KLEENUP INC does not guarantee continuous or uninterrupted access to the Application and reserves the right to modify, suspend, or discontinue any services or features at its sole discretion.

  1. Acceptances, Cancellations, No-Shows and Refunds. When a Consumer posts a cleaning job through the Application—either via the bidding process or direct hire—the Cleaner may either place a bid or accept or decline the job. Once the Cleaner accepts the job, or the Consumer accepts the bid placed by the Cleaner, the Cleaner is contractually obligated to provide the service at the agreed-upon terms, time, and location. Failure to fulfill the service commitment may result in penalties, including monetary fines, account suspension, or termination.

If a Cleaner cancels a confirmed job, KLEENUP INC will notify the Consumer and make reasonable efforts to reassign the job to another available Cleaner. If the Consumer accepts the reassigned Cleaner, the job will proceed as scheduled. If the Consumer declines the reassigned Cleaner, the Consumer will receive a full refund. Repeated cancellations by a Cleaner, especially those without valid justification, may result in account suspension or removal from the platform. In addition, such conduct may subject the Cleaner to liquidated damages pursuant to the Liquidated Damages section of the Terms, including but not limited to $1,000 per instance for willfully accepting a job or bid and failing to complete the service without a valid excuse.

If a Consumer cancels more than 24 (twentyfour) hours before the scheduled start time, they will receive a full refund. If a Consumer cancels within 24  (twentyfour) hours of the scheduled time, a cancellation fee of 20% (twenty percent) may apply. If the cancellation occurs within 2 (two) hours of the scheduled time or if the Cleaner elected for the confirmed job cannot – after using reasonable commercial efforts – access the job site, up to 50% (fifty percent) of the total fee may be non-refundable to compensate the Cleaner. Repeated cancellations may result in the Consumer being suspended or terminated from the Application.  

If the Cleaner fails to arrive within 30 minutes of the scheduled time and does not communicate with the Consumer or KLEENUP support to reschedule or cancel, the Consumer will receive a full refund. Repeated no-shows may result in the Cleaner being suspended or terminated from the Application.

If the Consumer is not present at the location within 15 (fifteen) minutes of the scheduled service time and has not provided access instructions or alternate arrangements in advance, the job will be marked as a “Consumer No-Show.” In such cases, the Cleaner is entitled to receive up to 50% of the total job fee to compensate for lost time and travel costs, and the remaining balance may be refunded to the Consumer at the sole discretion of KLEENUP INC.

Consumers and Cleaners may mutually agree to modify the time, scope, or details of a job after acceptance, but such modifications must be confirmed through the KLEENUP Application to ensure that payment processing and platform protections remain in effect.

  1. Job Completion and Dispute Filing. After the job is marked as completed by the Cleaner, the Consumer has 24 (twenty-four) hours (the “Dispute Window“) to confirm satisfaction or file a claim or dispute via the Application. If no dispute is filed within the Dispute Window, funds held in escrow will automatically be released to the Cleaner within approximately five business days. If a dispute is filed, KLEENUP INC will place the funds on hold and initiate a review process in accordance with the Dispute Resolution section. The funds will remain in escrow until the dispute is resolved.
  1. 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, both Consumers and Cleaners will be invited to rate each other’s performance and provide feedback. These ratings and reviews are critical for maintaining trust on the platform and assessing each party’s adherence to KLEENUP INC’s standards of conduct and service quality.

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.

By using the Application, you acknowledge and agree that KLEENUP INC may collect, display, analyze, and use, without limitations, ratings, reviews, and feedback submitted by or about Cleaners, Consumers and the Application (“Evaluation Information”) at its sole discretion. Such Evaluation Information may be used for a variety of purposes, including, but not limited to, quality control, dispute resolution, service improvement, marketing, promotional materials, trust and safety initiatives and decisions about eligibility for participation in and use of the Application by any Cleaner or Consumer. KLEENUP reserves the right to publish, modify, aggregate, or remove ratings, reviews, comments, and any other User uploaded or otherwise provided information without notice and at its sole discretion.

KLEENUP INC reserves the right to investigate complaints, review 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 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 Application. By accepting these terms, Cleaners acknowledge and agree to uphold these service quality expectations.

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.

G. PAYMENTS

The Application facilitates payments between Consumers and Cleaners (“Payments”) through our payment processing partner, 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 by way of the Application, 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 the payment processing partner.

Cleaners agree that KLEENUP INC may debit their designated payment account in connection with Disputes, including to resolve chargebacks, complaints, or other service-related issues. 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 the email address dispute@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.

H. COPYRIGHT AND TRADEMARK 

  1. Copyright Notice. The Application, all pages included herein, and any materials made available for download (collectively the “Application Materials”) are the property of KLEENUP INC and/or its affiliates. The Application Materials are 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 Materials 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 uploading, posting, submitting, or otherwise providing content or media (including but not limited to photos, videos, service reviews, or comments) through the KLEENUP application or platform, you grant KLEENUP INC and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display such content for any purpose, including but not limited to marketing, advertising, promotion, operational use, resale to third parties, or inclusion in promotional campaigns by KLEENUP INC or individual cleaners.

You acknowledge and agree that your content may be used across digital, print, and broadcast media, edited or altered for presentation, and shared with third-party service providers or partners.

You represent and warrant that you have the full rights and authority to grant this license and that your content does not violate any law or infringe the rights of any third party. KLEENUP INC reserves the right to remove or modify any user content that violates these Terms or is otherwise deemed inappropriate at its sole discretion.

  1. 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.
  2. 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 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:

I. DISCLAIMER, LIMITATION ON LIABILITY AND INDEMNIFICATION 

  1. Disclaimer: 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.
  2. Limitation on Liability: To the fullest extent permitted by law, KLEENUP INC and its officers, directors, employees, advisors, agents, affiliates, partners, licensors, and service providers shall not be liable to Users or any third party for any indirect, incidental, special, exemplary, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunities, loss of goodwill, or reputational harm, arising out of or in connection with:

In no event shall KLEENUP INC’s total cumulative liability to a User for any claims related to these Terms or the use of the Application will exceed the greater of:

    1. the total amount User paid to KLEENUP INC or received through the Application in the three (3) months before the event that gave rise to the claim; or
    2. one hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation may not apply in its entirety.

  1. Indemnification: The User agrees to indemnify, defend, and hold harmless KLEENUP INC, its affiliates and partners, their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, actions, liabilities, losses, damages, costs, or expenses—including reasonable attorneys’ fees and legal costs—arising out of or relating to:
    1. any breach or violation of the Terms or any applicable law, regulation, or third-party rights by the User;
    2. the User’s access to, use of, or misuse of the platform, including any content submitted or actions taken through the User’s account;
    3. any interaction, transaction, or dispute between the User and another User of the platform, including but not limited to Cleaners, Consumers, or third parties;
    4. any services provided (if the User is a Cleaner) or received (if the User is a Consumer) through the platform, including claims for property damage, personal injury, or professional negligence; or
    5. any third-party claims resulting from the User’s acts, omissions, or negligence while using or engaging with the platform.

KLEENUP INC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. In such an event, the User agrees to cooperate fully in asserting any available defenses.

  1. 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.

J. 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. 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.
  5. 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.
  1. Bid and Offer Regulation and Communication Monitoring: KLEENUP INC has the right, in its sole discretion and without prior notice, to monitor, review, edit, withhold, suppress, reject, or remove any bid, offer, response or comment submitted by Cleaners or Consumers in or on the Application.. This includes, but is not limited to,  content that violates the Terms, is misleading or fraudulent, distorts the Application or the underlying marketplace or otherwise undermines the reliability and quality of services offered or the integrity of the Application or the underlying marketplace. Users acknowledge and agree that they have no expectation of bid publication or acceptance, and they waive any claims arising from the moderation or removal of such bid publication and bid acceptance.

KLEENUP INC may also monitor communications between Users, including those occurring outside the Application (via email, phone, SMS, or third-party applications), to prevent fraud, ensure service quality, and enforce compliance. This may involve the use of tracking methods such as contact information masking, message forwarding services, or third-party communication monitoring tools. For communications conducted through phone numbers listed in or one the Application, KLEENUP INC may use third-party providers to collect and store metadata and content, including message timestamps and User phone numbers. Off-platform communication content will not be recorded or reviewed without the User’s explicit consent.

  1. Photographic Documentation and Uploads: By using the Application, Consumers expressly authorize Cleaners to take photographs or video recordings (the “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, including disputes regarding service quality or scope; and (d) supporting internal quality assurance and review procedures.

Recordings made by a Cleaner may be uploaded to the Application and accessed only by such Cleaners, Consumers, 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 of the Terms and must comply with KLEENUP INC’s Privacy Policy.  

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

Any unauthorized capture, use, sharing, or distribution of Recordings may result in suspension or termination of the Cleaner’s access to the platform and may subject the Cleaner to legal liability.

Cleaner agrees to – without limitation – indemnify KLEENUP INC against any claim made against KLEENUP INC by a third party, including claims by Consumers, that are related to violation of the terms of this section by the Cleaner. 

  1. Data Collection and Use of Cleaner Information: KLEENUP INC collects personal information from Users, including identifiers, commercial data, internet activity, geolocation data, and other information available to KLEENUP INC. This data is used for any purpose that complies with law, including, but not limited to, commercial and promotional purposes. Users acknowledge and agree that KLEENUP INC may use lawfully collected data for internal business purposes, including analytics, research, service development, marketing (where permitted by law), and operational support.

By registering as a Cleaner in or on the KLEENUP Application, you expressly authorize KLEENUP INC to use, display, reproduce, and distribute your profile information—including your name, photo, ratings, reviews, service areas, and other submitted details—for promotional, advertising, and marketing purposes. This may include, but is not limited to, featuring your profile on the KLEENUP website, mobile application, social media accounts, email campaigns, paid advertisements, and other marketing channels, including third party platforms, at its sole discretion. Such use may occur without additional notice or compensation, consistent with our Privacy Policy and applicable law.

Personal data may be shared with trusted third-party service providers for purposes such as promotion, marketing, payment processing, service fulfillment, and technical support, and may be disclosed when required by law, in response to legal requests, or during business transfers. KLEENUP INC implements security measures, including encryption and access controls, to protect personal information; however, 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 KLEENUP INC at info@kleenup.com. KLEENUP INC does not knowingly collect personal information from children under the age of thirteen (13) and will delete such data upon receipt of a verified parental request.

  1. Administrative Access to User Accounts: By creating an account on the Application, you, as a User, whether as a Cleaner or a Consumer, acknowledge and agree that KLEENUP INC may access, log into, and interact with your account as necessary to monitor compliance with the Terms; detect and prevent fraudulent, unlawful, prohibited on-application and off-application activities; provide support; ensure platform, marketplace and payment integrity; improve User experience; or for any other legitimate business purposes.

Such access may include viewing, simulating, or directly interacting with the platform features exactly as they appear to you as well as modifying your data and access without seeking your consent, subject to the constraint that KLEENUP INC will not make any unauthorized changes to your account data and will handle all information accessed in accordance with the Privacy Policy.

  1. 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.

K. 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.

  1. 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.

L. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER

  1. Dispute Resolution among Users. KLEENUP INC understands that Disputes may occasionally arise, 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 Users and 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 via email at the email address 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”) applying one arbitrator and the arbitration being conducted at a location agreed to by the parties in Montgomery, Howard or Baltimore County in the state of Maryland. 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.

  1. Cost of Dispute Resolution: Each party to arbitration 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, 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.
  2. 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.
  3. Class Action Waiver. Users 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.

M. 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.

  1. Prohibited Conduct: By using the Application you acknowledge that the Application is intended to enable communication between Users to facilitate service arrangements within the Application and you acknowledge and agree that you are strictly prohibited from using the Application to identify or connect with other Users for the purpose of arranging services or payments outside the Application and/or in any other way connecting with other users to the detriment of KLEENUP INC.   Specifically, Cleaners and Consumers may not offer, accept, or negotiate cleaning services or payments outside of the Application to the detriment of KLEENUP INC.   This includes, but is not limited to, communication via email, phone, text message, or third-party applications for the purpose of completing a transaction or arranging services outside the Application.

All service bookings, payments, and associated transactions between Users must be conducted exclusively through the Application. Any attempt to, directly or indirectly, interfere with, circumvent, attempt to circumvent, avoid or bypass the Application’s payment or booking systems (“Bypassing”) undermines the integrity of the marketplace and may result in immediate suspension or termination of the User’s account, as well as severe legal consequences, including, but not limited, KLEENUP INC seeking injunctions against the User and other Users involved in the attempted Bypassing and KLEENUP INC seeking liquidated damages from you and the other Users involved in the attempted Bypassing in accordance with these Terms.

Additionally, Users are prohibited from misrepresenting their identity, qualifications, service offerings, or any other material information. They may not use another person’s identity, another User’s account or post false, misleading, or fraudulent content on the Application.

  1. 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.

  1. Liquidated Damages, Brand Protection, and Enforcement

KLEENUP INC takes violations of these Terms seriously. In addition to any other remedies available at law or in equity, Users agree that KLEENUP INC may assess and collect liquidated damages for violations of these Terms of Service. The amounts listed below represent a fair and reasonable pre-estimate of the damages KLEENUP INC would incur as a result of each type of breach, given the difficulty of calculating actual damages:

These liquidated damages do not limit KLEENUP INC’s right to seek actual damages, equitable remedies, or injunctive relief where appropriate. KLEENUP INC also reserves the right to recover from the violator all reasonable attorney’s fees, collection costs, and enforcement expenses incurred in connection with any violation of these Terms.

KLEENUP INC’s affiliates, licensors, and brand partners are intended third-party beneficiaries of this provision and shall have independent enforcement rights to the extent their intellectual property, brand identity, or commercial reputation is adversely affected by any breach.

  1. Warnings and Preservation of Rights.  KLEENUP INC may, at its sole discretion, notify a User of a violation of the Terms and issue a warning related to such violation, including a warning that continued violation or violations may cause KLEENUP INC to take any and all actions permitted under the Terms.   Such warning will be subject to the preservation of rights terms outlined in Section A of these Terms.

N. 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.

  1. 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 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.

  1. 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.

O. CONTACT INFORMATION

For support and queries regarding the Terms, please contact KLEENUP INC at the email address info@kleenup.com.