CleanHaus Terms of Service
1. Acceptance of Terms of Service.
These terms of service (“Terms of Service”) are entered into by and between you and CleanHaus Inc. (“CleanHaus,” “we,” “us” or “our”) and govern your access to and use of the CleanHaus website, clean.haus (the “Site”), CleanHaus’s short term rental property management service offered via its product website and through CleanHaus’s iOS and Android mobile apps, as well as SMS communications with the platform and its AI-Agent “Claus” (the “CleanHaus Service”), and all other non-downloadable software, web applications, and other online and offline services referencing these Terms of Service, and all content and functionality associated therewith (collectively, the “Service”).
Please read these Terms of Service carefully before you start to use the Service. By using the Service or by clicking to accept or agree to these Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Notice, you must not access or use the Service.
Unless we expressly state otherwise, the Service is offered and available to users who are eighteen (18) years of age or older. Except as otherwise authorized by us, if you are not at least 18, you must not access or use the Service.
2. Service Features, Functionality and Availability.
(a) You may use the Service when and as available. Although we generally intend for the Service to be available on an uninterrupted basis, it will not always be available (e.g., during maintenance, changes, outages and for other reasons). We further reserve the right to change, modify, eliminate and/or restrict or block access to all or any part of the Service, including any features or content displayed or made available through the Service, from time to time with or without notice to you, in our discretion. We will not be liable to you if for any reason all or any part of the Service is unavailable at any time for any period.
(b) Certain features or functionality, including our Claus chatbot, make use of artificial intelligence (“AI”). CleanHaus agrees that to the extent it utilizes AI in providing the Service, it will implement and comply with industry standard policies, procedures and practices for the ethical and responsible use of AI, including for: (i) developing and implementing AI in a way that promotes transparency, accountability, and human interpretability; (ii) identifying and mitigating bias; (iii) management oversight and approval of the collection and use of inputs and the development and implementation of AI; and (iv) compliance with all applicable Laws regarding CleanHaus’s development and implementation of AI.
3. Accessing the Service and Account Security.
(a) You are responsible for: (i) making all arrangements necessary for you to have access to the Service, including without limitation, your Internet connection; and (ii) ensuring that all persons who access the Service through your Internet connection and/or your User account are aware of these Terms of Service and comply with them.
(b) You may browse certain pages of the Service without first registering as a user (a “User”). However, for complete access to the Service, including without limitation, the CleanHaus Service, you will be required to register as a User. To register as a User, click here. It is a condition of your use of the Service that all the information you provide as part of registering as a User or in connection with your use of the Service is accurate, current and complete.
(c) If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your User account at the end of each session. You should use particular caution when accessing your User account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
4. Privacy; Additional Terms.
(a) Privacy Notice. You agree that all personal information you provide to register with the Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Notice, and you consent to all actions we take with respect to your personal information consistent with our Privacy Notice. If you are located in the European Economic Area, additional GDPR rights apply as described in the Privacy Notice.
(b) Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules or guidelines applicable to the Service or certain features of the Service that we may post on or link to the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated into, and made a part of, these Terms of Service.
5. No Reliance; No Offer of Advice.
CleanHaus makes no representation or warranty that the information on the Service is accurate, reliable, up-to-date or complete. Neither CleanHaus nor any third party can guarantee the accuracy of the information. CleanHaus reserves the right to correct any information on the Service, including as to pricing. The content and information available on the Service is provided for informational purposes and does not constitute and should not be construed as a solicitation or offer to engage in any transaction whatsoever.
6. Intellectual Property Rights.
(a) CleanHaus Content. The Service and all data, products, content, features and functionality (including but not limited to, all information, user interfaces, software, text, displays, images, and the design, selection and arrangement thereof) (“CleanHaus Content”), are owned by CleanHaus, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not commercially exploit or make the Service available to any third party. You must not reproduce, distribute, modify, create derivative works of, re-engineer, publicly display, publicly perform, republish, download, store or transmit any of the material on the Service, except as authorized by these Terms of Service. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by CleanHaus. Some CleanHaus Content may also be subject to further terms and conditions provided in connection with the particular CleanHaus Content and you agree to comply with any such further terms and conditions. Any use of the CleanHaus Content other than as set forth in these Terms of Service may result in the immediate suspension or termination of your access to all or part of the Service.
(b) Your Content
Certain features or functions of the Service may permit the uploading, posting, storage, viewing or transmittal of text, information, video, images and content (collectively, “Your Content”). You retain ownership of any of Your Content posted or transmitted to or through the Service, but in order for us to provide you the Service, you must grant certain rights to CleanHaus to use Your Content. Accordingly, subject to any restrictions or limitations set forth in these Terms of Service, you hereby grant to CleanHaus and its designees, a royalty-free, fully paid, sublicensable, transferrable, non-exclusive license to post, store, use and transmit any and all of Your Content in connection with: (i) CleanHaus’s maintenance, operation, and provision of the Service; (ii) the operation of CleanHaus’s business, including its development and design of any products or services; and (iii) the creation of Systems Data. You are solely responsible for any and all of Your Content uploaded and/or transmitted in and/or through the Service.
You represent and warrant to CleanHaus that: (i) you own Your Content or otherwise have sufficient rights in Your Content to grant the license rights granted to CleanHaus in this Section; (ii) Your Content does not, and its use by CleanHaus as contemplated in these Terms of Service will not, violate, infringe, or misappropriate the intellectual property rights, publicity or privacy rights, or other proprietary rights of any third party, or breach or violate any obligation of confidentiality owed to any third party; (iii) your uploading, posting, storage, viewing or transmittal of Your Content to or through the Service will not violate applicable Laws; and (iv) there are no claims currently pending or threatened, and you have not engaged in any acts or omissions likely to result in any such claims, as to: (a) your ownership of, use of, or rights in Your Content; (b) your violation, infringement or misappropriation of any third party intellectual property rights, publicity or privacy rights, or other proprietary rights with respect to Your Content; (c) your violation or breach of any obligation of confidentiality owed to any third party with respect to Your Content; or (d) the violation of Your Content of applicable Laws.
CleanHaus reserves the right to refuse to post or transmit any of Your Content. Furthermore, in the event that CleanHaus discovers or has reason to believe that Your Content is in violation of these Terms of Service, including without limitation, this Section 6(b) and/or Section 8 below, CleanHaus may, without limiting its rights or creating any liability therefor, immediately remove Your Content from the Service, and may further block and/or restrict your access thereto pending resolution of any such violation.
You are responsible for keeping appropriate copies and records of Your Content. CleanHaus has no obligation to back-up or maintain Your Content, and CleanHaus takes no responsibility and assumes no liability for Your Content, including without limitation any loss or damage thereto.
(c) Systems Data. You acknowledge and agree that all Systems Data is and shall remain the sole and exclusive property of CleanHaus. For purposes of clarity, CleanHaus may make any legal use of the Systems Data without notifying you or sharing such Systems Data with you. Specifically, by way of illustration and not by way of limitation, CleanHaus may publish and share Systems Data with others in aggregate or statistical form to promote the Service and/or CleanHaus’s products or services, for evaluating the efficiency, utility and functionality of the Service and/or CleanHaus’s other products or services, and for enhancing and improving the Service and CleanHaus’s other products or services. For purposes of these Terms of Service, “Systems Data” means all data, content and information regarding your use of the Service in the nature of de-identified or aggregate systems administrative data, statistical and demographical data, operational information, and data generated by or characterizing the use of the Service, including without limitation, any de-identified or aggregate Your Content.
(d) Feedback. Any comments, feedback, suggestions, or ideas (“Feedback”) you provide through the Service may be used by CleanHaus. While you may continue to own all such the Feedback, you hereby grant to CleanHaus a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback.
7. CleanHaus Service Terms.
The following terms and conditions apply solely to the CleanHaus Service (“CleanHaus Service Terms”). The CleanHaus Service Terms shall be interpreted and construed consistently with the other terms and conditions of these Terms of Service, provided that, if there is a conflict between the CleanHaus Service Terms and these Terms of Service, the CleanHaus Service Terms shall govern and control with respect to the use of the CleanHaus Service.
(a) General
The CleanHaus Service enables Users to engage house cleaners and other maintenance providers for short term rentals, residential properties, and manage the User’s relationship with these service providers. For purposes of these CleanHaus Service Terms: “Owners” are Users who offer their home for rent as a short term rental (a “Property”); and “Caretakers” are Users who help Owners clean and maintain their Property (the “Caretaker Services”).
The CleanHaus Service facilitates the management of short term rental properties; CleanHaus does not own or control any Property, nor is CleanHaus a party to any contract entered into between Owners and Caretakers. Rather, any such contract is solely between the Owner and the Caretaker. Furthermore, CleanHaus is not a real estate broker, travel agency, vacation rental management company, or insurer. CleanHaus is not acting as an agent in any capacity for any User.
If you have registered as a User and have purchased or been granted the right to access and use the CleanHaus Service (“Usage Rights”), CleanHaus hereby grants to you, subject to your Usage Rights , a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable right and license to access and use the CleanHaus Service for your internal, business use only.
(b) Owner Terms
You acknowledge that the CleanHaus Service’s purpose is to provide tools to help the Owner manage their Property. CleanHaus is not responsible for maintaining, insuring, or protecting the Property. While the CleanHaus Service might provide certain information about a prospective Caretaker, you are solely responsible for evaluating, selecting, and agreeing to terms and conditions with a Caretaker. By way of illustration and not by way of limitation, you are solely responsible for: (i) the terms and conditions under which you hire or engage a Caretaker; (ii) assessing and/or evaluating the qualifications, skills and/or experience of a Caretaker; (iii) assessing the immigration status and/or work eligibility status of a Caretaker; and (iv) the work performed by the Caretaker, including without limitation, the quality of such work and any defects or deficiencies resulting therefrom or associated therewith.
You acknowledge and agree that your relationship with CleanHaus is that of an independent individual or entity and not an employee, agent, or partner of CleanHaus.
If you are using the CleanHaus Service as an Owner, you acknowledge and agree that:
(i) You are solely responsible for the acts and/or omissions of yourself and anyone you engage and use to help manage the Property, including without limitation, any and all subcontractors.
(ii) You are solely responsible for the completeness and accuracy of the information you provide to CleanHaus regarding your Property. You represent and warrant to CleanHaus that all information that you provide in connection with your Property is accurate and complete in all material respects.
(iii) You are solely responsible for maintaining the Property.
(iv) You are at least eighteen (18) years of age, legally own the Property, and have all necessary rights and authority to accept these CleanHaus Service Terms.
You agree that, to the maximum extent permitted by applicable Laws, you assume the entire risk arising out of your access to and use of the CleanHaus Service, including risks associated with identifying and contracting with any Caretaker.
(c) Caretaker Terms
You acknowledge that while the CleanHaus Service might help identify potential Owner matches, you are solely responsible for evaluating, selecting, and agreeing to terms directly with Owners. You acknowledge and agree that CleanHaus does not, and shall have no obligation to, verify, assess and/or monitor the employment or hiring practices of the Owner and/or the site or working conditions at the Property. Accordingly, as between you and CleanHaus, you are solely responsible for: (i) the terms and conditions under which you perform work for an Owner; and (ii) assessing and/or evaluating the employment or hiring practices of an Owner and/or the site or working conditions at a Property, including without limitation, the Owner’s ability to pay and/or the safety of or the conditions at the Property.
In submitting a proposal to an Owner, you acknowledge and agree that the information included in your proposal, including your skills, experience, training, immigration and/or work eligibility status, and prior work or employment history, is and shall be truthful, accurate and complete in all material respects.
When a proposal is accepted by an Owner through the CleanHaus Service, a contract is formed between you and the Owner with respect to that the Property, and you are responsible for delivering the Caretaker Services under the terms and at the price specified in the accepted proposal. CleanHaus is not a party to any contract between you and an Owner with respect to the Caretaker Services.
If you are using the CleanHaus Service as a Caretaker, you acknowledge and agree that:
(i) You are solely responsible for the acts and/or omissions of yourself and anyone you engage and use to help perform the Caretaker Services for the Property, including without limitation, any and all subcontractors.
(ii) You agree to comply with all applicable Laws during your provision of the Caretaker Services, including but not limited to, applicable employment laws.
(iii) You are at least eighteen (18) years of age and have all necessary rights and authority to accept these CleanHaus Service Terms.
(iv) You agree that, to the maximum extent permitted by applicable Laws, you assume the entire risk arising out of your access to and use of the CleanHaus Service, including risks associated with cleaning and maintaining the Property and identifying and contracting with any Owner.
(d) User Acknowledgment
The CleanHaus Service is a technology platform connecting independent Owners and Caretakers. Any employment or independent contractor relationship entered into between or among the foregoing Users is directly between and among those Users; CleanHaus is not a party to any such relationship. Owners and Caretakers are neither employees nor independent contractors of CleanHaus, and no joint venture, franchisor-franchisee, partnership or agency relationship is intended or created by these CleanHaus Service Terms.
In the event of any dispute between you and another User, whether you are acting as an Owner or a Caretaker, you acknowledge and agree that such dispute is solely between you and the other User, that CleanHaus is not a party to such dispute, and that such dispute does not involve or otherwise implicate CleanHaus.
(e) CleanHaus Mobile App. The following terms and conditions govern and control your use of any iOS and/or Android applications (“App(s)”) associated with the CleanHaus Service. In the event of a conflict or inconsistency between the terms and conditions of this section and the other terms and conditions of these Terms of Service, the terms and conditions of this section shall govern and control, but only with respect to your use of the Apps.
Subject to your compliance with these Terms of Service, CleanHaus hereby grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable right and license to install and use the App on a single compatible device owned or controlled by you solely for your personal use and not for further resale or distribution in order to access and use the CleanHaus Service. For any iOS version of the App, your use must be on an iOS device and be in compliance with the Usage Rules set forth in the Apple Media Services Terms and Conditions as of the date you first install, access and/or use the App.
Your rights to use the App are subject to your compliance with any applicable terms of agreements you have with third parties when using the App. For example, if the App provides or requires the use of VoIP functionality, then you must not be in violation of your wireless data service agreement when using the App.
You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use the App. CleanHaus does not guarantee that the App can be accessed on all devices or wireless service plans. CleanHaus does not guarantee that the App is or will be available in all geographic locations. You acknowledge that when you use the App, your wireless carrier may charge you fees for data, messaging and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THE APP FROM YOUR DEVICE.
CleanHaus may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new or changed features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the App. You agree that CleanHaus has no obligation to provide any Updates to you, or to continue to provide or enable any particular features or functionality with respect to the App. You agree to promptly download and install all Updates and you further acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all applicable terms and conditions of these Terms of Service. CleanHaus may provide maintenance and support services for the App, but has no obligation whatsoever to furnish such services to you, and may terminate such services at any time without notice.
CleanHaus may terminate your rights to use the App: (i) upon written notice to you effective immediately, if you commit a material breach of these Terms of Service; and (ii) at any time upon thirty (30) days’ prior notice to you. You may terminate your rights to use the App at any time by uninstalling and destroying your copy of the App.
The App collects information you provide directly (such as any of User Data you provide through the App) or through automated means (such as geolocation data (if you chose to share it) and device and OS identification data). By using the App, you consent to CleanHaus’s use and processing of this information in accordance with CleanHaus’s Privacy Notice. Any information you provide to Google or Apple using the Android or iOS operating systems, as applicable, will be subject to Google’s or Apple’s privacy notice, as applicable. If you are located in the European Economic Area, additional GDPR rights apply as described in the Privacy Notice.
With respect to the iOS version of the App, you acknowledge and agree that as between Apple Inc. and its subsidiaries (collectively “Apple”) and CleanHaus, CleanHaus and not Apple is solely responsible for the App and the contents thereof. You and CleanHaus further acknowledge and agree as follows:
(i) In the event of any third party claim that the App or your possession and use thereof infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, and/or discharge of any such intellectual property infringement claim.
(ii) Apple, and Apple’s subsidiaries, are third party beneficiaries of this section, and Apple will have the right (and will be deemed to have accepted the right) to enforce this section against you as a third party beneficiary thereof.
(iii) Subject to the limitations contained in these Terms of Service, CleanHaus, not Apple, is responsible for addressing your claims, or any third party claims, related to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
(iv) IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE, IF ANY, FOR THE APP TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP.
(v) Apple has no obligation to furnish any maintenance and support services with respect to the App. Support requests, as well as questions or complaints regarding the App, may be directed to CleanHaus via email at _______. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(f) SMS. By accepting these Terms of Service, you consent to receive informational SMS notifications from CleanHaus regarding your use of the CleanHaus Service. These informational SMS notifications may include, but are not limited to, status updates on maintenance or cleanings at your Property, scheduling communications, and other messages related to the Property. “Tex messaging originator opt-in data and consent will not be shared with third parties. Carriers are not liable for delayed or undelivered messages. Reply HELP for assistance, or contact support@clean.haus.
You can opt out of receiving SMS notifications at any time by replying "STOP" to any message or by contacting CleanHaus customer support. Upon receipt of the opt-out request, CleanHaus will cease sending SMS notifications to the mobile phone number from which the opt-out request was received. You acknowledge that opting out of SMS notifications may limit your ability to use the full capabilities of the CleanHaus Service.
Standard message rates may apply to SMS notifications, depending on your mobile service provider and plan. You are responsible for any charges incurred for receiving SMS notifications, and CleanHaus assumes no liability for such charges.
You are responsible for providing CleanHaus with an accurate and current phone number to receive SMS notifications. You represent that you are authorized to opt-in to receive SMS notifications for the phone number you provide.
CleanHaus will use commercially reasonable efforts to deliver SMS notifications, but is not liable for delayed or undelivered message.
(g) CleanHaus Obligations
CleanHaus will use commercially reasonable efforts to host, operate and maintain the CleanHaus Service, in each case, in accordance with the terms and conditions of these Terms of Service. Notwithstanding any term or provision of these Terms of Service to the contrary, CleanHaus is free to determine, in its sole and absolute discretion, the manner and methods by which it provides the CleanHaus Service, which may include, without limitation, the provision of the CleanHaus Service, or the features or functions thereof, by and/or through third party service providers and/or other subcontractors.
CleanHaus shall use commercially reasonable efforts to respond to and correct and failures and/or deficiencies affecting the access to, use and/or availability of the CleanHaus Service.
CleanHaus shall use commercially reasonable efforts to provide the CleanHaus Service in material accordance with CleanHaus’s published documentation therefor, if any (the “Documentation”). Notwithstanding the preceding sentence, you acknowledge and agree that:
CleanHaus shall not be responsible for and shall have no liability to you in connection with any failure of the CleanHaus Service to operate or perform in accordance with the Documentation due to deficiencies or failures of your or a third parties’ IT systems or networks, or any of your other hardware, software or technology or those of a third party.
The proper operation of the CleanHaus Service is dependent, in part, on the accuracy, quality and sufficiency of the data that is obtained from you and processed by CleanHaus through the CleanHaus Service (that does not constitute Systems Data) (“User Data”). You are solely responsible for, and CleanHaus shall have no liability or responsibility of any kind in connection with, the accuracy, quality, legality and/or sufficiency of the User Data. You acknowledge and agree that any defects or inaccuracies in the User Data may delay, prevent, or otherwise detrimentally affect CleanHaus’s provision of the CleanHaus Service hereunder.
(h) Term and Termination
Your Usage Rights shall commence on the date on which you register as a User of the CleanHaus Service and shall continue until terminated as set forth herein.
Your Usage Rights may be terminated as follows:
(i) Either you or CleanHaus will have the right to terminate your Usage Rights, for any reason or no reason, by providing not less than forty-five (45) days prior written notice to the other party. Your rights to access, correct, or request deletion of your personal information are described in our Privacy Notice.
(ii) Either your or CleanHaus may terminate your Usage Rights, upon written notice, in the event that: (i) the other party breaches any material term or provision of these Terms of Service and such breach continues for a period of at least thirty (30) days following the receipt by the breaching party of notice of the breach, or effective immediately if the breach cannot be reasonably cured within such thirty (30) day period or the breaching party fails to diligently pursue a cure for such breach within such thirty (30) day period; or (ii) the other party is named as a debtor in a petition for bankruptcy, makes an assignment for the benefit of creditors, seeks any other similar relief under any bankruptcy law or related statute, or otherwise ceases to do business in the ordinary course.
The parties shall have the following rights and responsibilities upon the termination of your Usage Rights:
(i) Upon the termination of your Usage Rights, no matter the reason and except as otherwise expressly set forth herein, you will have no further rights to access and/or use the CleanHaus Service, and all rights and responsibilities of the parties with respect to the CleanHaus Service will immediately and automatically terminate.
(ii) Upon the termination of your Usage Rights, CleanHaus will have no obligations or responsibilities to further maintain or retain any User Data, and may destroy such User Data, as determined by CleanHaus in its sole and absolute discretion. You further acknowledge and agree that: (i) CleanHaus shall not be obligated to provide to you or destroy any Systems Data, and that any and all such Systems Data is and shall remain the sole and exclusive property of CleanHaus; and (ii) CleanHaus may retain any User Data that CleanHaus is required to retain pursuant to applicable Laws or that is retained automatically as part of CleanHaus’s usual and customary computer backup procedures, record retention and data archiving schedules.
(iii) The termination of your User Rights for any reason will not release any party from any obligation that matured prior to the effective date of such termination.
8. Your Conduct.
You may use the Service only for lawful purposes in accordance with the terms and conditions of these Terms of Service. Except as expressly permitted in these Terms of Service, you agree not to:
(a) License, sublicense, lease, rent, timeshare, distribute, disclose, permit access to, or transfer to any third party, any portion of the Service and/or any CleanHaus Content, whether for profit or without charge;
(b) Store, reproduce, distribute, transmit, modify, adapt, perform, display (including by “framing”), publish or sell the Service and/or any CleanHaus Content;
(c) Translate, reverse engineer, re-engineer, disassemble, decompile, discover, or modify the Service, any CleanHaus Content, or any CleanHaus software;
(d) Remove any copyright and other proprietary notices placed upon the Service and/or any CleanHaus Content accessible via the Service;
(e) Circumvent any use-limitation or protection device contained in or placed upon the Service and/or any CleanHaus Content, or access or attempt to access any portion of the Service and/or any CleanHaus Content that you are not authorized to access;
(f) Use the Service to execute denial of service attacks;
(g) Perform automated searches against CleanHaus’s systems (except for non-burdensome federated search services), including automated “bots”, link checkers or other scripts, without prior written permission from CleanHaus;
(h) Use the Service or any CleanHaus Content to create products or perform services which compete with or interfere with the Service, any CleanHaus Content, or any other products or services of CleanHaus or its licensors;
(i) Text mine, data mine or harvest metadata from the Service;
(j) Impair or overburden the Service or any servers or systems associated with the Service;
(k) Impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
(l) Violate any Laws or cause CleanHaus to violate any Laws. For purposes of these Terms of Service, “Laws” means applicable federal, international, state and local laws, statutes, rules, regulations and ordinances, including any judgment or order of any court or governmental authority, and specifically includes, without limitation, all applicable anti-bribery and anti-corruption laws and regulations, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act 2010, and all applicable privacy and data protection laws;
(m) Use the Service and/or any CleanHaus Content in any manner that violates, infringes, or misappropriates the intellectual property rights, publicity or privacy rights, or other proprietary rights of any third party;
(n) Introduce to the Service or any other CleanHaus systems or software any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(o) Download all or parts of the Service and/or any CleanHaus Content in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of the Service and/or the CleanHaus Content, in any form; or
(p) Use the Service or any CleanHaus Content to create or develop any competing product or service, or any other product or service that emulates the features and/or functions of the Service and/or the CleanHaus Content.
9. Payments.
(a) CleanHaus may provide certain paid or free services associated with the use of the Service, in its sole discretion. All fees charged by CleanHaus may be modified or changed at any time in its sole discretion. When your use of the Service requires the payment of a fee, you will have the opportunity to review and accept the fees that you will be charged. If you do not agree to pay the fee, do not proceed with your transaction. Unless otherwise stated, all fees are quoted in U.S. Dollars.
(b) You are responsible for paying all fees and applicable taxes associated with your use of the Service in a timely manner with a valid payment method. You agree at all times to keep your payment information current and complete. Except as otherwise set forth in these Terms of Service, CleanHaus does not provide refunds.
(c) If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, or retaining collection agencies and legal counsel, in our discretion.
10. Third Parties Websites, Materials and Content.
(a) The Service may link to other websites. These links may be provided by CleanHaus as a convenience to you. If you deal with a linked site, your transaction is not with CleanHaus so you should review the linked site’s “terms of use,” other contract(s) and/or privacy notice before completing your transaction.
(b) CleanHaus may further use third party services, software or applications in making available the Service to you. You agree to comply with any and all third party license terms, terms of use, or terms of service applicable to any such third party service, software or applications, and shall not take or fail to take any act that would cause CleanHaus to be in breach or violation of any such third party license terms, terms of use, or terms of service. You further acknowledge and agree that CleanHaus shall not be responsible for, and shall have no liability to you in connection with, the unavailability, failure of, or your inability to use, any such third party service, software or applications. The Service may use third-party analytics and advertising tools (Meta, Google, TikTok) as described in the Privacy Notice.
(c) The Service may display or make available, and the CleanHaus Content may include, third party content (including data, information, and/or materials) (collectively, “Third Party Materials”). You acknowledge and agree that CleanHaus is not responsible for the Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. CleanHaus does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials.
(d) You acknowledge and agree that CleanHaus’s: (i) linking to any third party website; (ii) using any third party services, software or applications; or (iii) providing any Third Party Materials, does not constitute or imply an endorsement by CleanHaus of the third party provider. The providers of any third party services, software or applications or Third Party Materials may be third party beneficiaries of these Terms of Service having the right to enforce these Terms of Service in accordance with its terms.
11. Monitoring and Enforcement.
(a) CleanHaus may: (i) disclose your identity or other information about you to any third party who claims that Your Content or any other material posted by you by or through the Service violates their rights, including their intellectual property rights, publicity rights, or their right to privacy; or (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, third parties or court order requesting or directing us to disclose the identity or other information (including Your Content) of any User posting any materials on or through the Service.
(b) We do not commit to reviewing any of Your Content or any other user content or materials before it is posted or transmitted through the Service, and cannot ensure prompt removal of objectionable material after it has been posted or transmitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content, including any of Your Content, provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
12. No Commercial Use; Authorization.
You may use the Service for your internal, non-commercial (except as otherwise set forth herein) use solely for lawful purposes in compliance with these Terms of Service. If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity’s behalf, and that such entity agrees to indemnify CleanHaus pursuant to Section 18 below.
13. NO WARRANTIES.
YOU AGREE THAT THE SERVICE AND ALL CleanHaus CONTENT IS PROVIDED BY US OR ANY OF OUR EXISTING OR FUTURE VENDORS, AFFILIATES OR AGENTS “AS IS” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. CleanHaus DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, ACCURACY, COMPLETENESS, PRIVACY OR SECURITY AND ANY IMPLIED WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO GOOD FAITH AND FAIR DEALING, REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE CleanHaus’S PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE SERVICE OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS SECTION. ALL RISK IN CONNECTION WITH THE USE OF THE SERVICE AND/OR ANY CleanHaus CONTENT IS WITH YOU.
14. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER CleanHaus NOR ANY OF ITS EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THESE TERMS OF SERVICE OR THE SERVICE, EVEN IF CleanHaus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
15. EXCLUSIVE REMEDY.
IF FOR ANY REASON CleanHaus IS FOUND LIABLE HEREUNDER, CleanHaus’S TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (i) THE FEES YOU HAVE PAID TO CleanHaus IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OF ACTION GIVING RISE TO LIABILITY; OR (ii) $100 USD. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH CleanHaus MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED. THE DAMAGE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Termination or Cancellation.
As noted above, these Terms of Service are a legally binding agreement between you and CleanHaus with respect to your use of the Service. Either we or you may terminate this agreement with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred prior to termination, and if you use the Service after such termination, that use will constitute your new agreement to these Terms of Service. If applicable Laws require that we provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records. CleanHaus’s rights under these Terms of Service that by their terms, nature, sense or context are intended to survive the termination of these Terms of Service shall survive such termination. Without terminating your right to use the Service pursuant to these Terms of Service, we may suspend or block your access to the Service whenever it appears to us that you might be breaching or violating these Terms of Service or otherwise about to cause harm or damage to us or others. No breach of these Terms of Service by CleanHaus shall be deemed a material breach unless CleanHaus is first given not less than fifteen (15) business days to cure the breach.
17. Applicable Law and Exclusive Forum.
The Service is controlled by us from our offices within the United States and is intended for United States users only. If you choose to access the Service from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or these Terms of Service. You agree that these Terms of Service, and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the Service, shall be governed by the laws of the State of Delaware, U.S.A., without regard to its conflicts of laws provisions and without regard to where performance is made. THESE TERMS OF SERVICE WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. You agree that any disputes shall be heard exclusively in an appropriate forum located in Multnomah County, Oregon. You also consent to jurisdiction in a state or federal court sitting in Multnomah County, Oregon and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Oregon or U.S. federal law.
18. Indemnity.
You agree to indemnify, defend and hold harmless CleanHaus, its licensors, affiliates, successors and assigns, and each of the officers, directors, members, employees, agents, and representatives of the foregoing, for, from and against any and all losses, liabilities, damages, fees, penalties, claims and demands (actual or alleged), and costs and expenses (including reasonable attorneys’ fees and legal costs), arising out of or related to your breach of these Terms of Service, your violation of any Laws, your infringement of any third party intellectual property rights, or the use of your User account by a third party. CleanHaus reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to reasonably assist and cooperate with CleanHaus in the defense thereof.
19. Notices, Including Our Address for Legal Notices.
(a) We may give you notice by any lawful method, including (without limitation) legal notices and notices of subpoenas. We may provide the notices by posting them on the Service or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Service.
(b) You agree to send us notice by mailing it to “Our Address for Legal Notices” which is Privacy Officer, CleanHaus Inc., 8110 SW Valley View Dr, Portland, OR 97225, or by emailing it to us at info@clean.haus, Toll-Free: (855) 508-4287.
20. Amendments.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. We encourage you to check these Terms of Service often for updates.
21. Agreement; Miscellaneous.
These Terms of Service, which incorporate by reference any: (i) additional terms on the Service or otherwise provided by us for particular activities; and (ii) disclosures provided by us and consents provided by you on the Service, constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in these Terms of Service. If any part of these Terms of Service is found by a court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms of Service and the remainder of these Terms of Service will continue in effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches. Time is of the essence in connection with your performance under these Terms of Service. Except as set forth in Sections 10 and 18 above, there are no third party beneficiaries of any part of these Terms of Service. These Terms of Service are personal to you, and are not assignable, transferable, or sublicensable by you except with CleanHaus’s prior written consent, which CleanHaus may withhold for any reason or no reason. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.
22. No Class Actions.
Each party expressly waives their right to file a class action or seek relief on a class basis. YOU AND CleanHaus AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
23. Waiver of Jury Trial.
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR THE SUBJECT MATTER OF THESE TERMS OF SERVICE.
24. Further Information.
If you would like to receive our legal name and address by email or request any additional information from CleanHaus, please provide us your email address by sending your request, in writing, to Our Address for Legal Notices. If you have a complaint, you may contact us at the address(es) set forth in Section 19.
25. Notice of Copyright Agent.
CleanHaus respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Service in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Service containing the following: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) the address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:
By mail: 8110 SW Valley View Drive, Portland, OR 97225
By email: legal@clean.haus
Please use the same procedure for any claimed infringement of any trademark rights or infringements or misappropriations of other intellectual property or third party rights.
26. Notice About Trademarks.
CleanHaus™ and any associated logos or designs are trademarks of CleanHaus Inc. All other trademarks and logos on the Service and/or in the CleanHaus Content are the property of their respective owners. All rights are reserved.