Terms of Use 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 and Conditions, 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 Application made available by KLEENUP INC. 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 made available by KLEENUP INC. 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 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.
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 changes by posting on the KLEENUP INC. Terms of Use website. 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 after the earliest of: (a) modifications being posted on the Application; (b) KLEENUP INC. ‘s communication of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Application after the expiration of the 30 days 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
“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 Service Providers.
“Consumer” means a User who is registered to search for Service Providers registered on the Application, makes a booking with a Service Provider 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.
“Service Provider” means a User who uses, or is registered to use, the Application to offer, provide, receive payment for, or facilitate the provision of services. Service Providers may be referred to as “Cleaners” and used interchangeably.
“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. 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.
2. Eligibility to Provide Services. To qualify as a Cleaner on the Application, (1) you must be 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; and (4) you possess the necessary skills, certifications, licenses and legal permissions required by applicable laws to perform the services. By accessing or using the Application, you represent and warrant that you meet these eligibility requirements.
Cleaners are encouraged to procure and maintain, at their own expense, general liability insurance with a coverage limit of at least $500,000 per occurrence. Cleaners are encouraged to provide general liability insurance related information on their account profile.
3. Background Checks. KLEENUP INC. reserves the right, as permitted by applicable laws, to obtain reports regarding Cleaners, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Cleaner’s account based on the results of such a report, without or without notice. As a Cleaner, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from KLEENUP INC.’s vendors. Cleaners agree to inform KLEENUP INC. of any material criminal convictions that occur after any such reports are run.
4. 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.
5. Warranties. When registering for and using the Application, you expressly warrant that (1) you are not a competitor of KLEENUP INC. and (2) you are not using the Application for the purpose of competing with KLEENUP INC.; (3) you will only maintain one profile at any given time unless KLEENUP INC. has authorized you to maintain multiple accounts; (4) you have full power and authority to agree to the Terms, including on behalf of any entity for whom you are acting as a representative; (5) you will not violate any rights of KLEENUP INC., including intellectual property rights such as copyright or trademark rights; (6) you agree that you will be responsible for any costs of using the Application or related services, including costs for equipment, software, and internet access necessary to use the Application; (7) will comply with all applicable laws, including without limitation privacy and anti-spam laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (8) will provide complete and accurate information to KLEENUP INC.; (9) have read and reviewed and agree to KLEENUP INC.’s Terms of Use Agreement and Privacy Policy.
D. Service Requests, Acceptances, Cancellations and Refunds
1. Obligations of Cleaners. You agree to provide cleaning services in a professional, safe, and timely manner. You are responsible for bringing all necessary equipment and supplies unless the customer explicitly provides them. You further agree to comply with all applicable laws and regulations, including health and safety standards relevant to cleaning services.
You shall respect the privacy and property of customers at all times, and you 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 Customer submits a service request through the Application, you may either accept or decline the request. Once you accept a request, you are contractually obligated to provide the service at the agreed-upon time and location. Failure to show up or provide the service may result in penalties, including account suspension or termination.
If you must cancel a service after accepting it, you are required to notify the customer and KLEENUP INC. through the Application at least 24 hours in advance. Repeated cancellations or failure to provide services as agreed may lead to penalties, including 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 your account. If a cleaning service is not satisfactorily completed, Customers 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 Service Provider cancels the service, the Customer will be offered a full refund or the option to reschedule.
3. Service Quality and Customer Ratings. KLEENUP INC. employs a customer rating system to monitor the quality of services provided by Cleaners. After each service, customers will have the opportunity to rate your performance. Poor ratings or repeated customer complaints may result in the suspension or termination of your access to the Application. You agree to maintain a high standard of service to remain active on the Application.
E. 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 is 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 a Cleaner when a customer refund or guarantee payout is warranted.
We take steps to secure all payment methods and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.
KLEENUP INC. may enable you to make payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support. We reserve the right to cancel your ability to make payments with one or more of the payment methods you have authorized in our sole and absolute discretion.
All requests for payment chargebacks, errors, claims, refunds and disputes (“Payment Disputes”) will be subject to review by KLEENUP INC. in accordance with the rules applicable to the payment method you used to make the payment and will be in KLEENUP INC.’s absolute discretion. KLEENUP INC. is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process a valid written Payment Dispute request within 30 days after we receive it, unless a shorter period is required by law. You may file a Payment Dispute by emailing it to KLEENUP INC. support at info@kleenup.com.
If your actions result in, or are likely to result in, a Payment Dispute, a violation of the Terms or if we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may permanently withhold any amounts owed to you in our sole discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed; (c) invoice you for amounts due to us, which such amounts will be due upon receipt; (d) reverse or block any credits to your bank account; or (e) collect payment from you by any other lawful means.
If you fail to make payments you owe when due, or if KLEENUP INC. is unable to charge one of your payment methods for any reason, KLEENUP INC. reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees and related costs, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by KLEENUP INC. or by anyone on our behalf, including but not limited to a third-party collections agent.
KLEENUP INC. may, from time to time, place a hold on any of your payment methods in order to prevent failed payments or in order to reverse your booking.
F. 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.
G. Disclaimers and Limitation on Liability
1. Disclaimers. The application, including any content or information contained herein and any application-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume full responsibility and risk for your use of the application, application-related services, and any hyperlinked web applications.
Numbers, images, and/or screenshots used on the application and website are for illustrative purposes only.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
2. Limitation on Liability. You acknowledge that KLEENUP is not liable for any damages, losses, or injuries arising from your services or actions while using the Application, regardless of the theory of liability, including but not limited to claims of negligence. It is your responsibility to obtain appropriate insurance coverage, if required, to protect against any potential liability resulting from the services you provide.
You agree to indemnify and hold KLEENUP harmless from any claims, damages, or losses resulting from your actions, negligence, or omissions during the course of providing services.
KLEENUP INC.’s total liability will not exceed the total amount of fees paid by you in the twelve (12) months prior to the event giving rise to the claim. This limitation applies even if KLEENUP INC. has been advised of the possibility of such damages.
Some countries do not allow the limitation or exclusion of liability in contracts with consumers, and as a result, the contents of this section may not apply to you.
3. Third-Party Services. KLEENUP INC. uses third-party service providers to facilitate certain services provided on the Application. You acknowledge that the use of such third-party services is at your own risk, and KLEENUP INC. is not responsible for the actions or omissions of such third parties. KLEENUP INC. disclaims all liability arising from third-party service providers. Users agree to indemnify and hold KLEENUP INC. harmless from any claims, damages, or losses arising from interactions with third-party service providers.
KLEENUP INC. makes no representations whatsoever about any other application which you may access through the Application. Any non-KLEENUP INC. application accessed through the Application is independent of KLEENUP INC. KLEENUP INC. has no control over the content on any independent application regardless of whether such application was accessed through the Application. Links to non-KLEENUP INC. applications included on the Application do not constitute any endorsement or assumption of responsibility by KLEENUP INC. for the content or use of such application. It is your responsibility to ensure that any non-KLEENUP INC. application or other content used by you is free of any malicious content such as viruses, worms, trojan horses, or other items of a destructive nature.
H. Account Security, Data Privacy and Confidentiality
1. User ID: To register to use the Application, you will need to a user ID and password. You agree to keep your user ID and password secure and confidential and not to allow third-parties to use your account. Any activity on your account is your responsibility until you close your account or demonstrate to KLEENUP INC. that your account security was compromised due to no fault of your own. KLEENUP INC. shall not be liable to you for any charges or other liability incurred as a result of your failure to keep your account information secure.
2. Account Security. You are responsible for maintaining the confidentiality of your account credentials, including your username and password. Any activity conducted through your account is your responsibility. If you suspect unauthorized access to your account, you must notify KLEENUP immediately. KLEENUP will not be liable for any losses or damages arising from unauthorized use of your account.
3. Application Content: Although KLEENUP INC. endeavors to safeguard the integrity and accurateness of the Application, it makes no guarantees whatsoever as to the correctness or accuracy of the Application or any information included herein. It is possible that the Application could include technical inaccuracies or typographical errors, or that unauthorized additions, deletions and alterations could be made to the Application by third parties. In the event that you identify any inaccuracy, please inform KLEENUP INC. so that the inaccuracy can be corrected. Information contained on the Application may be changed or updated without notice. KLEENUP INC. reserves the right to make improvements and/or changes to the services/products and/or programs described on the Application at any time without notice.
4. Data Privacy and Security. KLEENUP INC. will collect and use your personal information in accordance with its Privacy Policy. Users have the right to access, modify, and request deletion of their data. KLEENUP INC. complies with all applicable privacy laws, including GDPR where applicable. We take reasonable steps to protect your data, but you acknowledge and agree that no system is completely secure.
5. Indemnification: You agree to indemnify, defend, and hold harmless KLEENUP INC., its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Application, violation of the Terms, or any actions related to your account, including claims arising from third-party services used through the Application.
6. Tracking Communications. In order to ensure appropriate charging of Fees and compliance with the Terms, KLEENUP INC. may track the occurrence of communications between Consumers and Cleaners that occur off of the Application via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Consumer or Cleaner. In order to track the occurrence of such communications, KLEENUP INC. may obscure Cleaners contact information in a Cleaner profile, replace Cleaner contact information in a Cleaner profile with a different piece of contact information that will forward to the Cleaner, or take any other step reasonably calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into contact with the Application unless we first obtain your permission.
7. One-Time Password (OTP) Verification. To ensure the security of your account, our service requires OTP (One-Time Password) verification during registration and sign-in. By using this service, you agree to receive OTPs sent to your registered mobile number or email address. OTPs are intended for single-use authentication and should not be shared with others. The OTP system is a mandatory part of our security process. By proceeding with sign-in or registration, you consent to receive these OTPs as necessary for verifying your identity.
If you send text messages with a Consumer or Cleaner using the telephone number for that User available on the Application, we may use a third-party service provider to track these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of Fees, to enforce the Terms, and for quality and training purposes. As part of this process, KLEENUP INC. and our service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.
I. Account Suspension or Termination
We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your account in whole or in part. If we exercise our discretion under the Terms of Use to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Application or your User Content, or receive assistance from KLEENUP INC. support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Application services canceled or delayed as a result of Account termination. You may cancel your use of the Application and/or terminate your Account at any time by following the “Settings” link in your profile, clicking “Account,” and clicking “Deactivate Account.” Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
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 elected 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. Links or Pointers to Other Applications
If you desire to provide a hyperlink from your website and/or application to the Application, you must contact us in writing and agree to be bound by all related terms of use.
KLEENUP INC. makes no representations whatsoever about any other application which you may access through the Application. Any non-KLEENUP INC. application accessed through the Application is independent of KLEENUP INC. KLEENUP INC. has no control over the content on any independent application, regardless of whether such application was accessed through the Application. Links to non-KLEENUP INC. applications included on the Application do not constitute any endorsement or assumption of responsibility by KLEENUP INC. for the content or use of such application. It is your responsibility to ensure that any non-KLEENUP INC. application or other content used by you is free of any malicious content such as viruses, worms, trojan horses or other items of a destructive nature.
L. Dispute Resolution, Arbitration and Class Action Waiver
1. Dispute Resolution among Users. KLEENUP INC. understands that occasionally disputes may arise between or among Customers and Cleaners. Our goal is to provide tools to help all parties resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Application cannot be resolved independently, you agree, at KLEENUP INC.’s request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by KLEENUP INC. or a neutral third-party mediator or arbitrator selected by KLEENUP INC. Notwithstanding the foregoing, you acknowledge and agree that KLEENUP INC. is under 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 can be resolved without resort to litigation. You can reach KLEENUP INC.’s support team at info@kleenup.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the KLEENUP INC. support team, and good faith negotiations will be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Terms will be finally settled by the rules of the American Arbitration Association.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
3. Choice of Law and Venue. The Terms of Use are entered into in the State of Maryland, United States. The Terms of Use and any claim or dispute relating thereto shall be governed by and construed in accordance with the laws of the State of Maryland, exclusive of its choice of law rules and regardless of the legal theory under which any such matter is asserted and in accordance with United States law. Each party to the Terms of Use irrevocably consents to the exclusive jurisdiction of the state and federal courts sitting in the County of Baltimore in the State of Maryland and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
4. Class Action Waiver. The parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. Users and KLEENUP INC. agree that each may bring claims against the other only in the individual capacity and not as a plaintiff or class member in any class or representative proceeding.
Provisions related to arbitration and class action waiver will survive any termination of User Account or the Application.
M. Unlawful or Prohibited Use
Users of the Application may not:
- Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Application, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Recruit, solicit, or contact in any form Cleaners or Consumers for employment or any other use not specifically intended by the Application;
- Use another person’s Account, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate way on the Platform;
- Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Application for any purpose;
- Copy text, or otherwise misuse or misappropriate information or Content in any manual or automated manner including but not limited to, for use on a mirrored, competitive, or third-party site;
- Take any action that (a) may unreasonably encumber the Application infrastructure; (b) interferes or attempts to interfere with the proper working of the Application or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Application; (d) circumvents, disables or otherwise interferes with security features of the Application; (e) distributes viruses or any other technologies that may harm Application or Application Users; (f) uses the Application in a way that violates any copyrights, trade secrets, or other rights of any third-party, including privacy or publicity rights; or (g) circumvents or manipulates the Fee structure, billing, or Fees owed;
- Collect, harvest, publish, or sell any personal information, including but not limited to information related to Users for any reason not explicitly authorized by the Terms, including commercial solicitation purposes;
- Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
- Sign up for, negotiate a price for, use, or otherwise solicit services with no intention of following through with your use of or payment for the services;
- Create more than one Consumer or Cleaner account without our written permission;
- Share a KLEENUP subscription across multiple households.
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 payment we may process 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 we may store your payment information and that we 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.
O. 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.
