Pranie mebli
Biura, magazyny, hale przemysłowe
Mycie okien
Złota rączka, drobne naprawy
Pranie mebli
Biura, magazyny, hale przemysłowe
Mycie okien
Złota rączka, drobne naprawy
Sprzątanie w prezencie
Last Updated: August, 2025
IMPORTANT NOTICE: THIS IS A LEGALLY-BINDING CONTRACT. THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS. BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE CLEANWHALE WEBSITE, PLATFORM, APPS, OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN FULL.
IF YOU DO NOT WHOLLY AGREE TO THESE TERMS OF SERVICE HEREIN, DO NOT USE THE CLEANWHALE WEBSITE OR SERVICES
These CleanWhale Terms of Service ("Terms of Service" or "Terms") govern access to and use of the CleanWhale Inc., a Delaware corporation ("CleanWhale") Website, Platform, Apps, and Services by all Customers. By using our services, you acknowledge and agree that all notices, disclosures, and other communications we provide to you electronically shall be deemed written and satisfy any legal requirement that such communications be in writing. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Delaware without reference to conflicts of law rules and principles. CleanWhale's Privacy Policy found at https://cleanwhale.us/privacy-policy is incorporated herein and made a binding part of these Terms of Service. Nothing in these Terms shall be construed to waive or limit the application of any non-waivable rights or protections available under applicable law, including applicable state consumer rights.
These Terms of Service will continue to apply until terminated by either You or CleanWhale in accordance with these Terms of Service. UPON TERMINATION OF THESE TERMS OF SERVICE, YOU WILL NO LONGER BE AUTHORIZED TO USE OR TAKE ADVANTAGE OF THE SERVICES IN ANY WAY.
YOU AGREE TO BE BOUND BY THESE TERMS WHEN YOU (A) CLICK OR TAP AN 'I AGREE' BUTTON OR CHECKBOX PRESENTED WITH THESE TERMS; (B) CREATE AN ACCOUNT; OR (C) ACCESS OR USE ANY PART OF THE WEBSITE, PLATFORM, APPS, OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OR CONTINUE TO USE THE WEBSITE, PLATFORM, APPS, OR SERVICES.
If You do NOT AGREE to any specific additional terms which apply to particular Website, Platform, Apps, and Services features, user content or particular transactions concluded through the CleanWhale Platform, then You should NOT use the parts of the Website, Platform, Apps, and Services containing such features, user content, or through which such transactions are conducted. If any additional terms applicable to a particular feature conflict with these Terms, such additional terms shall govern solely with respect to that feature. When using or taking advantage of any Services, should You visit another website or obtain any products, applications, or services from another entity or provider, whether free of charge or for payment, you will be subject to that third party's guidelines and conditions applicable to such products, applications or Services, and NOT those of CleanWhale.
CleanWhale is a digital Platform (the "Platform") operated by CleanWhale Inc. that facilitates the connection between independent service providers (the "Service Providers") and individual or business customers (the "Customers" or "you") seeking residential or commercial services. CleanWhale is not itself a Service Provider. All Services are performed by independent contractors who use the CleanWhale Platform to accept and fulfill customer service requests. CleanWhale only provides an online marketplace and related technology that allow Customers to request, schedule, and pay for Services and to track Service performance. CleanWhale does not supervise, direct, or control the manner or means by which the Service Providers perform Services. Any contract for Services is solely between the Customer and the Service Provider. CleanWhale is not a party to, and shall have no liability under, such contract, nor does CleanWhale guarantee the quality, safety, legality, or suitability of any services.
Access and Use: The act of electronically visiting the Website and Apps, and/or taking advantage of the Services or any information provided by CleanWhale.
Account: An account created by the Customer allowing the Customer to Access and Use the Services.
Apps: CleanWhale provided applications allowing the Service Providers and the Customers to Access and Use the Services on mobile devices.
Cancellation: Any action by which the Customer or the Service Provider withdraws from a scheduled Job before its start time, whether through the in-app cancellation function or another notice method approved by CleanWhale.
Customer: A legal or natural person who has concluded an agreement with CleanWhale to mediate the possibility of concluding an agreement with a specific person(s) who will perform the Service.
Fee Schedule: The schedule of Platform Fees, Late Decline Fees and any other charges, as published and updated by CleanWhale from time to time.
Job: A specific service request accepted via the Platform, comprising the agreed address, date, time window, scope of work, and price.
Liquidated Damages: A pre-determined and reasonable estimate of actual losses agreed upon by the parties at the time of contracting, intended to compensate CleanWhale for damages that would be difficult or impractical to quantify.
Platform Fee: The commission percentage CleanWhale deducts.
Service Provider: Any legal or natural person doing business, as an independent contractor and not as an employee, partner, or agent of CleanWhale, who has concluded a framework contract with CleanWhale for the performance of work and is obliged to perform Services according to the mediated contract for the Customer, who must comply with CleanWhale's Service Provider Standards and Guidelines and is in a direct contractual relationship with the Customer.
Services: All CleanWhale Services, including, but not limited to, in-person services rendered by the Service Providers to the Customers and facilitated through the CleanWhale Platform. Services also include booking, scheduling, and coordination tools offered through the Website or Apps, but exclude any user content.
Website: An internally organized system created by CleanWhale to assist persons seeking or requesting Services and the possibility of choosing one of the persons offering their Services through the Website or Apps. That is, a space where CleanWhale mediates the conclusion of a contract between the Customer and the Service Provider(s) who will perform a specific Service requested by the Customer.
These Terms of Service may be amended by CleanWhale at any time by providing notice through any of the following means: (a) posting an updated version on the main page of the Website or App, (b) displaying the update at or after login to your Account, or (c) sending an email to the address associated with your Account. Your failure to provide and maintain accurate or current contact information in the Account will not obviate your responsibility to comply with these Terms of Service. Specific terms and conditions, if and when indicated by CleanWhale, may apply to specific content, products, materials, Services or information contained on or available through the Website and Apps or transactions concluded therethrough. Such specific terms may be in addition to these Terms of Service, or, where inconsistent, and then such specific terms will prevail. Please check these Terms of Service regularly to ensure that you are aware of all terms governing the Use of the Website, Apps, and Services. Material changes to these Terms will require your express acceptance (e.g., by clicking 'I agree') before continuing to use the Services. Non-material changes will be effective upon posting or notice, and continued use of the Services after any such changes constitutes your acceptance of the updated Terms.
Platform. The Services provided by CleanWhale are facilitated through a proprietary system that mediates the formation of contracts between the Customers seeking Services and independent contractors offering to perform them. The Platform may be accessed via the CleanWhale Website or mobile applications, and includes, but is not limited to: (a) displaying service job requests submitted by the Customers, (b) allowing the Service Providers to mark their availability and accept or decline specific jobs, (c) facilitating communication between the Service Providers and the Customers, (d) collecting payment from the Customers exclusively on behalf of the Service Providers as their authorized agent through secure third-party payment processors, with all funds deemed received by the Service Providers upon receipt by such processors; CleanWhale does not itself provide the services being paid for and does not hold funds for any party as a principal; and (e) facilitating the tracking of service completion and enabling the Customers to provide feedback regarding their satisfaction. CleanWhale may publish on the Platform numerical ratings and written feedback submitted by the Customers or the Service Providers. CleanWhale may, in its sole discretion, remove feedback that it reasonably believes to be fraudulent, defamatory, or otherwise unlawful, but is under no obligation to do so. CleanWhale does not guarantee or warrant the uninterrupted or error-free availability of the Platform. Scheduled maintenance and unexpected outages may occur, and while CleanWhale will use commercially reasonable efforts to restore functionality in a timely manner, it shall have no liability for any loss of earnings or other damages arising from such interruptions. CleanWhale acts solely as an intermediary and is entitled to a service fee for facilitating these transactions. The inclusion of a Service Provider on the Platform does not constitute sponsorship, endorsement, certification, or guarantee by CleanWhale of that Service Provider's identity, licensing, insurance, background, or suitability, all of which Customers must independently verify to their satisfaction.
Service Limitations. CleanWhale does not guarantee the availability of any specific Service Provider or the quality or outcome of any Service. CleanWhale may, at any time and without prior notice, modify, suspend, or discontinue any aspect of the Platform or Services, or suspend, restrict, or terminate any Customer's or Service Provider's access thereto, for any reason or no reason, including but not limited to a violation of these Terms or applicable law. The Customers are responsible for reviewing the scope of the Service prior to booking. The Service Providers are not obligated to perform any task not expressly included in the job description. CleanWhale is not a party to any agreement between a Service Provider and a Customer and disclaims all responsibility for the performance or non-performance of any Service Job.
Transactions Between the Customers and the Service Providers. CleanWhale facilitates the connection between the Customers and the Service Providers but is not a party to any agreement between them. All Services are performed solely by the Service Providers. CleanWhale is not responsible for the quality, timing, legality, failure to provide, or any other aspect of Services booked through the Platform. Any disputes arising from such Services are solely between the Customer and the Service Provider. Accordingly, CleanWhale shall have no liability for any damages, losses, or claims arising out of or related to a Job, including personal injury, property damage, or service dissatisfaction, except to the extent such liability cannot be lawfully disclaimed. Any disputes involving CleanWhale shall be governed by Section 11 (Dispute Resolution and Binding Arbitration).
Eligibility. You represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the Platform on behalf of a company or other entity, you further represent that you have authority to bind such entity to these Terms. CleanWhale may, at any time, request that you provide valid, government-issued identification or other documentation to verify your age, identity, or authority to act for an entity, and may suspend or terminate your Account if you fail to provide—or if you do not satisfactorily pass—such verification.
Account. The Customers must sign up for a personalized account ("Account") through the Website or Apps in order to access the full range of features offered by CleanWhale. In creating an Account, the Customer AGREES to submit accurate, current, and complete information and keep this information frequently updated. CleanWhale reserves the right to suspend or terminate Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current, or incomplete. When the Customer creates the Account, the Customer will choose a personal, non-transferable username and password. Accounts may not be "shared" or used by more than one individual. After the Customer ACCEPTS these Terms of Service and the Account registration has been accepted by CleanWhale, the Account will be established. When creating an Account, the Customer must ensure the confidentiality of the Account's password. CleanWhale shall not be liable for any loss or damage arising from the Customer's failure to protect the Customer's password or Account information. The Customers are responsible for any and all activities that occur under any Account, whether or not such Use was authorized by the Customer.
Account Actions. In creating the Account, the Customers AGREE to full responsibility involving any and all copyright or trademark infringement claims stemming from the use of the Accounts, and any information transmitted therethrough, including all Customer content. The Customer AGREES and understand that the Customer alone is responsible for maintaining the confidentiality of all usernames and passwords associated with any Accounts the Customer uses to access the Services. The Customers will be held accountable for all activities that occur under their Accounts. CleanWhale is not liable for any harm caused or related to the theft or misappropriation of the Account, username, password, disclosure of the Customer's username or password, or the Customer's authorization of anyone else to use the Customer's username or password or Account. However, the Customer may be held liable for losses incurred by CleanWhale or any third party due to misappropriation and use of the Account. If the Customer becomes aware of any unauthorized use of the Accounts, the Customer must notify CleanWhale as soon as practicable at [email protected].
Prior Account. If the Customer previously had an Account with CleanWhale, the Customer hereby represents and warrants that the Customer's prior account was not terminated or suspended by CleanWhale for violations of these Terms of Service or any other terms, conditions or policies of CleanWhale.
Termination of Customer Account. Upon termination of an Account, CleanWhale shall deal with any Customer content in accordance with CleanWhale's Privacy Policy, including, but not limited to the deletion of the Customer content, and the Customer will no longer be entitled to access such Customer content. THERE IS NO ABILITY FOR THE CUSTOMERS TO ACCESS THE CUSTOMER CONTENT FOLLOWING TERMINATION OF THEIR ACCOUNT.
To the extent the Platform enables the submission or upload of content by Customers, such submission is permitted solely for purposes directly related to requesting, scheduling, documenting, or resolving a specific Service booked through the Platform. Such content may include service preferences, access instructions, descriptions of the service location or scope, or photographs reasonably necessary to facilitate service performance or dispute resolution.
Customers shall not upload, submit, transmit, or otherwise make available through the Platform any content that: (i) infringes, misappropriates, or otherwise violates any copyright, trademark, trade secret, or other intellectual property or proprietary right of any third party; (ii) consists of or includes branded materials, manuals, instructions, images, videos, documents, or other works owned or controlled by third parties, unless the Customer is the lawful rights holder or has obtained all rights, licenses, consents, and permissions necessary for such submission; or (iii) is unrelated to, or not reasonably necessary for, the facilitation, performance, verification, or resolution of the requested Service.
Any submission of content outside the scope described above constitutes a material breach of these Terms of Service.
CleanWhale reserves the right, in its sole discretion and without prior notice, to remove, restrict access to, or permanently delete any Customer content that violates these Terms of Service, applicable law, or the rights of any third party.
Customer Content. The Website and/or Apps enables Customers to seek or request Services and select among available Service Providers Offering their Services. The Customers may submit requests, preferences, and other content necessary to facilitate the provision of Services. By submitting Customer content, you grant CleanWhale and its affiliates a worldwide, non-exclusive, royalty-free, fully-paid, sublicensable (solely to Service Providers and technical subcontractors) and irrevocable license to host, store, reproduce, reformat for technical purposes, display, transmit, and otherwise use such Customer content to provide, maintain, improve, and promote the Platform and to comply with applicable law. Such license applies solely to Customer content lawfully submitted in accordance with these Terms of Service and solely to the extent reasonably necessary to facilitate the requested Services, operate the Platform, and comply with applicable law.
Responsibility and Accuracy. CleanWhale does not verify or endorse any Customer content and disclaims any liability related to its accuracy or completeness. You represent and warrant that (i) you own or otherwise control all rights in and to the Customer content, and (ii) the Customer content, and CleanWhale's use of it as permitted herein, will not infringe or violate any intellectual-property, privacy, publicity, or other rights of any person or entity, or cause CleanWhale to violate any law or regulation. You are also responsible for ensuring that any instructions or materials provided (e.g., for chemical service) are suitable for the requested Service and do not pose health or safety risks to the person providing the Service.
Rights to Customer Content. CleanWhale does not claim ownership of any Customer content and does not grant any rights in such Customer content to any third party. Any rights to use the Customer content may only be granted by the Customer that owns such Customer content. By submitting Customer content to the Platform, the Customer grants CleanWhale a non-exclusive, royalty-free license to display, transmit, and share such Customer content with the Service Providers as necessary to facilitate the requested Services in accordance with the Customer's instructions. The Service Providers may access and view Customer content solely as needed to perform the Services requested by the Customer, subject to any limitations or instructions provided by the Customer. The Customer represents and warrants that the Customer content does not infringe or violate any rights of third parties and agrees to indemnify and hold harmless CleanWhale and its affiliates from any claims, damages, or liabilities arising out of or related to the Customer content in accordance with Section 13 (Indemnification) below.
Storage. CleanWhale may, at its sole discretion, impose limits on the quantity, file size, or duration of the Customer content stored or transmitted through the Services. If such limits are exceeded, CleanWhale may restrict further uploads or delete stored content with or without notice.
Control. The Customer acknowledges that once the Customer content is posted on CleanWhale, CleanWhale cannot control and will not be responsible to the Customer for the use which the Service Providers or third parties make of such Customer content. The Customer can delete the Account at any time, but the Customer acknowledges that deleting the Account will not prevent the circulation of any Customer content which may have been recorded by the Service Providers in breach of these Terms of Service or by third parties prior to the deletion of the Account.
Prohibited Customer Content. Types of Customer content prohibited from the Website, Apps, and Services includes but is not limited to: (i) illegal content; (ii) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (iii) content that discloses another person's personal, confidential, or proprietary information without consent; (iv) fraudulent content; (v) malicious content such as malware or spyware; (vi) content that infringes or misappropriates intellectual-property rights; (vii) content that contains hate speech, harassment, or threats of violence; (viii) sexually explicit content involving minors or content that exploits or endangers minors; (ix) content that promotes violence, self-harm, or illegal discrimination. CleanWhale reserves the right, but is not obligated, to monitor, review, or remove any Customer content that violates these Terms or that it deems harmful, inappropriate, or misleading, without prior notice.
Material Compatibility. Before booking any Service, the Customer must verify that all items, surfaces, or materials involved are suitable for the method or process to be used. CleanWhale and its Service Providers are not liable for any damage caused by the Customer's failure to confirm compatibility or provide clear, verifiable documentation (such as a manufacturer's label) indicating incompatibility prior to the Service. The Customer agrees to defend, indemnify, and hold harmless CleanWhale and its Service Providers from any claims, losses, or damages (including reasonable attorneys' fees) arising out of or relating to the Customer's failure to verify material compatibility or to disclose relevant manufacturer instructions in accordance with Section 13 (Indemnification) below.
Pre-Service Conditions. Prior to the scheduled Service, the Customer must remove personal items, fragile valuables, and clear excessive clutter to allow safe and effective Service. If excessive clutter or unsafe conditions prevent the Service, the Service Provider may reschedule or cancel the Service, and the Customer may be charged a reasonable cancellation or rescheduling fee If the provision of the Service requires that certain technical or preparatory steps be completed in advance, the Service Provider will inform the Customer of such requirements. Failure to complete the required steps when requested may result in rescheduling of the Service. For example, if refrigerator or freezer servicing is requested, the Customer must defrost the appliance prior to the Service.
Premise Access. The Customer is responsible for ensuring that the Service Provider has safe and timely access to the premises at the scheduled service time. This includes, but is not limited to, providing necessary entry instructions, access codes, keys, or permission to enter from building management. If the Service Provider cannot gain entry within fifteen (15) minutes of the scheduled start time because of Customer inaction, CleanWhale may (a) cancel or reschedule the Service, and (b) charge the full booking fee plus a reasonable travel or waiting-time fee.
Utility Access. The Customer must ensure the availability of essential utilities during the scheduled Service, including hot water, electricity, and wastewater drainage. If these are unavailable, the Service Provider may suspend or cancel the Service, and the Customer remains responsible for the full cost of the booking.
Hazardous or Regulated Materials. The Customer must disclose in writing, prior to booking, the presence of any bio-hazards, mold, asbestos, lead paint, medical waste, or other regulated or dangerous substances. The Service Providers are not licensed to remediate such hazards and may refuse or suspend Service without liability. The Customer is solely responsible for the lawful removal or remediation of any hazardous materials and shall indemnify CleanWhale and the Service Provider from related claims.
Pets and Animals. The Customers must inform CleanWhale at the time of booking if any pets or animals will be present on the premises during the scheduled Service. All pets must be safely secured or removed from the service areas to ensure the safety of both the Service Provider and the animal. CleanWhale and its Service Providers reserve the right to cancel or suspend Services if an unrestrained or aggressive animal is present, and the Customer may still be charged the full service fee. The Customer is strictly liable for any injury to, or property damage suffered by, the Service Provider or CleanWhale caused by a pet or other animal on the premises.
Restrictions. Standard Service is limited to areas and furnishings located no more than six (6) feet above floor level. If the Customer provides a safe ladder, Services may extend to a maximum height of ten (10) feet.
Complaints and Damage Claims. Any complaints regarding the Service, including damage claims, must be submitted in writing within forty-eight (48) hours of service completion. Complaints received after this period may be reviewed on a case-by-case basis. All complaints must include supporting photo documentation. CleanWhale will initiate a reasonable investigation and, if appropriate, coordinate with the Service Provider to facilitate resolution. CleanWhale does not accept liability for damage caused by pre-existing conditions, material incompatibility or failure of the Customer to disclose fragile or high-value items.
Scheduling. Customers are responsible for selecting an available service time through the Website and/or Apps. CleanWhale reserves the right to adjust or confirm appointments based on Service Provider availability. A booking is deemed confirmed only when the Customer receives written or electronic confirmation through the Website and/or Apps. Appointments are confirmed for an arrival window of fifteen (15) minutes, during which the Service Provider will make commercially reasonable efforts to arrive; neither CleanWhale nor the Service Provider guarantees arrival at an exact minute and shall not be liable for delays caused by traffic, weather, or other circumstances beyond their reasonable control.
Cancellations. The Customers may cancel a confirmed Service through the Website and/or Apps. If a cancellation is made more than twenty-four (24) hours prior to the scheduled start time, no cancellation fee will apply. Cancellations made less than twenty-four (24) hours before the scheduled start time may be subject to a cancellation fee. If a cancellation is made less than three (3) hours before the scheduled start time, or if the Service Provider is unable to access the premises due to the Customer's failure to provide entry, the Customer will be charged the full Job price. These timeframes are designed to reflect the reasonable planning and scheduling expectations of the Service Providers. CleanWhale reserves the right to determine, in its sole discretion, whether a refund, credit, or waiver is appropriate in any particular circumstance. CleanWhale may modify this cancellation policy at any time by updating these Terms of Use.
Rescheduling by Customer. The Customer may request to reschedule a confirmed booking up to twelve (12) hours before the scheduled start time without charge, subject to Service Provider availability. Requests made within twelve (12) hours will be treated as cancellations and may incur the fees described above.
Cancellations or Rescheduling by CleanWhale. CleanWhale may cancel or reschedule a booking due to the Service Provider illness, force-majeure events, or other circumstances beyond its control; in such cases, the Customer's sole remedy is a refund or credit of any amounts prepaid for the affected booking.
Service Equipment. The Service Providers will arrive with standard service equipment and supplies, unless otherwise agreed in writing. CleanWhale disclaims any liability for adverse reactions, unsatisfactory results, or other issues arising from the use of standard supplies where the Customer failed to specify special requirements in advance. The Customers are also responsible for ensuring a safe, accessible, and adequately equipped environment for the Service Provider to perform the requested Services. The Customer is solely responsible for any injury or property damage arising from the use of ladders, tools, or service agents supplied by the Customer, and agrees to indemnify and hold harmless CleanWhale and the Service Provider from related claims.
Statutory Rights. Nothing in this Section limits any right you may have to a cooling-off period or statutory cancellation right under non-waivable consumer-protection laws, rights or protections available under applicable law; any such right must be exercised in accordance with the applicable statute.
Pricing. All Services booked through the Website and/or Apps are subject to the pricing displayed at the time of booking. The listed price includes CleanWhale's service fee for facilitating the agreement between the Customer and the Service Provider. All payments are processed through a third-party payment processor designated by CleanWhale (the "Payment Processor"). CleanWhale does not itself hold or receive Customer funds and acts solely as the authorized payment collection agent of the Service Provider for the limited purpose of collecting payments from Customers. All such payments are deemed received by the Service Provider upon receipt by the Payment Processor. CleanWhale facilitates disbursements to Service Providers on a periodic basis (typically once per week) for administrative convenience and to accommodate any applicable refund or dispute resolution processes under the Terms of Service. CleanWhale does not itself provide the services being paid for and does not transmit funds as a principal. The final price will be clearly displayed prior to booking confirmation. In the event of non-payment, CleanWhale reserves the right to suspend or restrict access to the Website and/or Apps and its related services until the outstanding balance is paid. If any amount remains unpaid for more than fifteen (15) days, interest will accrue on the outstanding balance at the lesser of (i) 1.5% per month (18% per annum) or (ii) the maximum rate permitted under applicable law, plus any reasonable costs of collection (including attorneys' fees).
Taxes and Surcharges. Quoted prices are exclusive of any applicable sales, use, goods-and-services, or similar taxes, fees, or governmental charges ("Taxes"). Where required by law, CleanWhale will collect and remit Taxes; otherwise, you are responsible for paying all Taxes associated with your booking.
Payment Method. You authorize CleanWhale and the Payment Processor to charge the payment method associated with your Account for the full amount of each booking (including Taxes and any applicable fees), and to place temporary holds or pre-authorizations as needed to verify the payment method or secure funds.
Disputes and Chargebacks. You agree to notify CleanWhale in writing of any billing dispute within seven (7) days after the charge first appears on your payment-method statement and to cooperate in good faith to resolve the dispute. If you initiate a chargeback or reversal that CleanWhale or the Payment Processor rejects as unfounded, you will be liable for (i) the original amount of the charge, (ii) any chargeback or dispute fees imposed by the Payment Processor or card network, and (iii) CleanWhale's reasonable costs of collection.
Tips. The Customers may choose to provide tips to the Service Providers as a token of appreciation. Tips are voluntary and may be given in cash or through designated tipping features within the Website and/or Apps, where available. Tips processed through the Platform are irrevocable and non-refundable once disbursed to the Service Provider. CleanWhale makes no representation regarding the tax treatment of tips, and you are solely responsible for any reporting or withholding obligations that may apply.
General Standards. All users of the CleanWhale Platform—including the Customers and the Service Providers—are expected to interact in a lawful, professional, and respectful manner, without discrimination or harassment based on race, color, national origin, religion, sex, sexual orientation, gender identity, age, disability, veteran status, or any other characteristic protected by applicable law. The Service Providers are governed by separate Terms of Service, which also outline behavioral and conduct expectations.
Monitoring and Enforcement. While CleanWhale does not actively control or guarantee Customer conduct, it reserves the right, but is not obligated, to monitor activity on the Platform. CleanWhale may investigate any behavior it deems abusive, unsafe, misleading, unlawful, or inconsistent with Platform values.
Violations and Discipline. CleanWhale may suspend or terminate a Customers access at its sole discretion based on violations of these Terms or conduct standards. The Customers agree to cooperate with any investigations and to provide information reasonably requested to resolve issues, ensure safety, or enforce compliance.
Platform Oversight and Role. CleanWhale acts solely as an intermediary Platform facilitating transactions between the Customers and the Service Providers. CleanWhale does not directly perform or supervise Services and is not a party to the service contract between the Customer and the Service Provider. CleanWhale does not guarantee the conduct, availability, or performance of any Service Provider or the outcome of any Service.
Modification and Termination of Services. CleanWhale reserves the right to modify, suspend, or discontinue any part of the Platform or Services, with or without notice. CleanWhale may also suspend or terminate any Customer account for violations of these Terms, suspected fraud, abuse, nonpayment, or behavior that jeopardizes the safety or integrity of the Platform.
Payment Holds and Fraud Prevention. CleanWhale reserves the right to place a hold on, suspend, or permanently disable your account, or withhold payments due, if (a) a chargeback or payment dispute is received, or (b) CleanWhale suspects fraudulent, abusive, or unlawful activity. CleanWhale may, but is not required to, provide advance notice of such action. CleanWhale is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor.
Monitoring and Enforcement. CleanWhale may monitor Platform use and investigate any reported misconduct, but it has no obligation to proactively monitor Customer behavior. CleanWhale reserves the right to remove content, suspend access, or take any action deemed necessary to enforce these Terms or protect the Service Providers and other Customers.
Disclaimers. CleanWhale disclaims all liability for actions or omissions of the Customers or the Service Providers and makes no guarantees as to the availability, suitability, legality, or quality of Services. The Customers agree to hold CleanWhale harmless from any claims arising out of service interactions, disputes, or damages, subject to the limitations of liability set forth in Section 14.3 below.
All notices and communications under these Terms must be in writing and delivered via the email address associated with the Customer's CleanWhale Account or through Platform notifications. Notices shall be deemed received when sent unless returned as undeliverable. The Customers are responsible for maintaining accurate and up-to-date contact information within their accounts. You agree that all notices, disclosures, agreements, and other communications provided electronically satisfy any legal requirement that such communications be in writing under applicable law, including the federal E-SIGN Act and any applicable state electronic signature or records laws.
You and CleanWhale agree to resolve any disputes arising out of or relating to these Terms, the Services, or your use of the CleanWhale Platform through final and binding arbitration, except as otherwise expressly provided below.
Informal Resolution Required. Before initiating arbitration, you and CleanWhale agree to first attempt to resolve any dispute informally by providing written notice to the other party and engaging in good-faith negotiations for at least thirty (30) days. If the dispute is not resolved within thirty (30) days, either party may initiate binding arbitration.
Binding Arbitration. Any unresolved dispute shall be submitted to arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and, where appropriate, its Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted by a single arbitrator and take place in the U.S. state where the Customer maintains its principal place of business or, if the Customer is an individual, in the U.S. state where the Customer resides, unless otherwise agreed by the parties in writing. You and CleanWhale agree that the arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this provision is void or voidable. Unless the arbitrator determines that an in-person hearing is necessary, the arbitration may, at CleanWhale's election, be conducted solely based on submitted documents, teleconference, or video conference. The claimant shall advance AAA filing and arbitrator fees in accordance with the applicable AAA Rules. The arbitrator may reallocate such fees as required by applicable law or in the final award.
Small Claims Court Carve-Out. Notwithstanding the foregoing, any dispute or claim that falls within the monetary and subject-matter jurisdiction of a small claims court under the applicable state law shall be brought exclusively in such small claims court and shall not be submitted to arbitration. The parties expressly agree that arbitration shall not be permitted for any claim that is eligible to be resolved in small claims court.
Statute of Limitations. Any claim, dispute, or cause of action arising out of or related to these Terms, whether brought in arbitration, in small claims court, or in any other court of competent jurisdiction (if and as applicable), must be filed within one (1) year from the date the claim arose. Failure to initiate such claim within this period shall result in a permanent bar to the claim.
Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your written notice must include your full name, the email address used to register your Account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor CleanWhale will be bound by the arbitration agreement, but all other provisions of these Terms will continue to apply.
Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CLEANWHALE AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED ONLY IN YOUR OR CLEANWHALE'S INDIVIDUAL CAPACITY AND NOT AS A CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
Equitable Relief. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the hearing, pleadings, discovery, and the arbitration award, shall be kept strictly confidential, except as necessary to enforce an award or as required by applicable law.
Governing Law; Jurisdiction for Non-Arbitrable Matters. These Terms and any dispute arising hereunder shall be governed and construed in accordance with the laws of the State of Delaware without reference to conflicts of law rules and principles. For any dispute or claim that is not subject to arbitration under this Section—including but not limited to actions to enforce an arbitration award or to seek injunctive or equitable relief as described in Section 11.7—the parties agree that such action shall be brought exclusively in the state or federal courts located in Delaware. Each party consents to the personal jurisdiction of such courts for these purposes and agrees to accept service of process by electronic means, including email, with service deemed complete upon transmission.
All intellectual property rights in the CleanWhale name, logo, Websites, Apps, and Platform content (excluding Customer-submitted content) are owned by or licensed to CleanWhale. The Customers may not copy, modify, distribute, or use any part of the CleanWhale Platform for any purpose other than as expressly authorized under these Terms. Any unauthorized use or infringement may result in immediate termination and legal action. Except as expressly permitted above, you shall not: (i) reproduce, modify, translate, create derivative works of, publicly display, publish, download, store, transmit, exploit, distribute, or otherwise use any CleanWhale Materials; (ii) reverse-engineer, decompile, or disassemble any software or other components of the Platform; (iii) scrape, crawl, mine, or otherwise collect data or content from the Platform, whether manually or through automated means; (iv) remove, alter, or obscure any copyright, trademark, or other proprietary notices; or (v) use the CleanWhale Materials or Platform for any commercial purpose without CleanWhale's prior written consent.
By entering into these Terms and using the Website, Platform, Apps and/or Services, the Customer agrees to defend, indemnify and hold CleanWhale and its parent organizations, subsidiaries, affiliates, shareholders, directors, officers, employees, attorneys, representatives and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (a) the Customer's violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; (b) the Customer's violation of any rights of any third party, including providers of Services arranged via the Website, Platform, Apps and/or Services; (c) the Customer's use or misuse of the Website, Platform, Apps and/or Services; (d) any claim, damage, or loss arising from or related to the Customer's acts or omissions in connection with services scheduled, received, or otherwise facilitated through the Website, Platform, Apps and/or Services (including personal injury, death, or property damage occurring on the Customer's premises or caused by conditions created or maintained by the Customer); and (e) any fines, penalties, audits, investigations, or claims by a government entity or other party alleging that CleanWhale has any responsibility or liability arising from the Customer's conduct, representations, or failure to comply with applicable laws.
IF THE CUSTOMER IS A RESIDENT OF ANY STATE WHERE ANY PORTION OF THE ABOVE INDEMNIFICATION PROVISIONS WOULD BE INVALID UNDER APPLICABLE STATE LAW, SUCH PROVISIONS SHALL BE ONLY AS BROAD AND INCLUSIVE AS PERMITTED UNDER THE LAWS OF SUCH STATE. THE INVALIDITY OF ANY PORTION OF THIS SECTION UNDER STATE LAW SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
Disclaimer of Warranties. THE CLEANWHALE PLATFORM, WEBSITE, APPS, AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CLEANWHALE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
Third-Party Content and Links. CleanWhale does not control, endorse, or assume any responsibility for third-party websites, applications, products, or services that may be linked to or integrated with the Platform. Any references or links are provided solely for convenience and do not constitute or imply endorsement, sponsorship, or recommendation by CleanWhale. Your interactions with third parties are solely between you and the third party, and CleanWhale makes no representations or warranties regarding such third parties or their offerings. You agree that CleanWhale is not responsible for any loss, damage, or claim arising from your dealings with third parties.
Limitations of Liability. To the maximum extent permitted by law, CleanWhale shall not be liable to the Customer for any indirect, incidental, consequential, special, or punitive damages, including, without limitation, loss of profits, loss of data, loss of use, or personal or property damage, arising out of or related to the use of the Platform or Services, even if CleanWhale has been advised of the possibility of such damages. The total aggregate liability of CleanWhale and its parent organizations, subsidiaries, affiliates, and their respective officers, directors, employees, and agents under these Terms shall not exceed the total amount paid by the Customer to CleanWhale for the specific Service giving rise to the claim, or one thousand U.S. Dollars (USD $1,000), whichever is lower. Customers are encouraged to maintain homeowners, renters, or other applicable insurance to cover potential risks associated with Services booked through the Platform, as CleanWhale does not provide insurance coverage for Customers. This limitation does not apply to damages resulting from CleanWhale's gross negligence or willful misconduct, or to the extent such limitation is prohibited by applicable law. This limitation applies regardless of the legal theory under which liability is asserted, including contract, tort (including negligence), strict liability, or otherwise.
All users of the Platform, including Customers and Service Providers, agree to maintain the confidentiality of non-public information obtained through the use of the CleanWhale Platform. This includes, but is not limited to, contact details, addresses, service preferences, pricing information, and any other personal or sensitive data shared during the course of booking or providing Services. Customers must not misuse, share, or publicly disclose information about Service Providers, including names, phone numbers, or service history, except as required to facilitate the scheduled Service. Similarly, Service Providers may not disclose or use any Customer data beyond what is necessary to perform the requested Service. You agree to implement and maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Confidential Information against unauthorized access, disclosure, alteration, and destruction, in a manner no less protective than those you employ for your own sensitive data. All Customers must comply with applicable data protection and privacy laws and agree not to use the Platform to collect or store data for unauthorized purposes, and must immediately (and in no event later than 24 hours after discovery) notify CleanWhale in writing of any actual or suspected data breach or unauthorized disclosure. CleanWhale processes personal data in accordance with its Privacy Policy, which is incorporated by reference into these Terms.
CleanWhale processes the Customer personal data in accordance with its Privacy Policy which is hereby incorporated by reference. The Customers agree to the collection, use, and disclosure of their personal data as described in the Privacy Policy. CleanWhale implements appropriate technical and organizational measures to protect personal data and complies with applicable data protection laws. Details of your privacy rights, including access, correction, and deletion rights, are set out in the Privacy Policy. The Platform is not directed to children under thirteen (13) years of age, and CleanWhale does not knowingly collect personal data from children. If we become aware that we have inadvertently collected such data, we will delete it in compliance with the Children's Online Privacy Protection Act (COPPA).
Customer Content and Public Conduct. The Customers are free to share honest opinions about their experience with CleanWhale, including through public reviews. However, the Customers may not post or transmit any knowingly false, misleading, defamatory, or harassing content regarding CleanWhale, its Services, or its Service Providers. CleanWhale reserves the right to take action (including account termination) in response to content that violates these Terms or applicable law.
Non-Solicitation and Non-Circumvention of Service Providers. The Customer acknowledges that CleanWhale's Service Providers (including any Service Provider introduced to the Customer or who provides Services to the Customer via the CleanWhale Platform) are a valuable business asset of CleanWhale. Accordingly, so long as the Customer maintains an active Account and for a period of twelve (12) months following the termination or deactivation of the Customer's CleanWhale Account, the Customer agrees not to, either directly or indirectly, solicit or offer to hire any Service Provider encountered through the CleanWhale Platform outside the Platform, except through the CleanWhale Platform or with CleanWhale's prior written consent. This means, among other things, you will not encourage or invite CleanWhale Service Providers to work for you privately off-Platform, book them directly, or otherwise circumvent CleanWhale in any service arrangements. If a Service Provider offers to provide Services outside the Platform, you must decline and refer them back to the Platform. Doing so is a material breach of these Terms and may result in immediate termination of your CleanWhale Account and legal action, including claims for damages or injunctive relief to prevent further breaches.
Third Party Beneficiaries. Except as expressly provided in these Terms, no third party shall have any rights or remedies under these Terms. These Terms are intended solely for the benefit of the Customer and CleanWhale.
Assignment. CleanWhale may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without Customer's consent. Customer, however, may not assign or delegate any rights or obligations under these Terms of Service without CleanWhale prior written consent, and any unauthorized assignment and delegation by the Customer shall be void and ineffective.
Survival. The following Sections shall survive the termination of these Terms of Service: Section 11 (Dispute Resolution and Binding Arbitration), Section 12 (Intellectual Property Rights), Section 13 (Indemnification), Section 14 (Limitation of Liability), Section 15 (Confidentiality and Data Protection), Section 17 (Miscellaneous), together with any other provisions that by their nature are intended to survive termination, including obligations to pay amounts owed, protect CleanWhale's intellectual property, and maintain the confidentiality of Customer or Platform data.
Feedback. The Customers may from time to time provide suggestions, comments, or other feedback to CleanWhale with respect to any product, material, software, or information provided by CleanWhale ("Feedback"). Such Feedback is warmly appreciated and welcomed, as CleanWhale strives to bring you the best possible services. All Feedback is and shall be entirely voluntary and shall not, absent a separate agreement, create any confidentiality obligation for CleanWhale. CleanWhale will not disclose the source of any feedback without notice to the providing party. However, CleanWhale shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to the Customer. The foregoing shall not, however, affect either party's obligations hereunder with respect to the information protected pursuant to CleanWhale's Privacy Policy.
Agreement to Deal Electronically. All transactions with or through the Website, Platform, Apps, and/or Services will be conducted and executed electronically. CleanWhale may keep records of any type of communication conducted via the Website, Platform, Apps, and/or Services. The Customers AGREE to receive electronic communications from CleanWhale, which shall include all Terms of Services, disclosures, and notifications, and that such communications will always be in writing. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
Injunctive Relief. The Customer acknowledges and AGREES that any violation or breach of these Terms of Service may cause CleanWhale immediate and irreparable harm and damage. As a result, CleanWhale has the right to, and may in its sole discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief against the Customer regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to CleanWhale in law or in equity, CleanWhale may seek specific performance of any term in these Terms of Service.
Force Majeure. Neither the Customer nor CleanWhale shall be considered to be in default or breach of these Terms of Service, and shall be excused from performance or liability for damages to the other party, if and to the extent the Customer or CleanWhale shall be delayed in or prevented from performing or carrying out any of the provisions of these Terms of Service, arising out of or from any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, sabotage, failure of suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, breakage or accident to machinery or equipment or any other cause or causes beyond the Customer's or CleanWhale's reasonable control, including any curtailment, order, regulation (including sanctions), or restriction imposed by governmental, military or lawfully established civilian authorities. A Force Majeure event does not include an act of negligence or intentional wrongdoing by the Customer or CleanWhale. The affected party shall provide written notice of the Force Majeure event within a reasonable time, but no later than two (2) days after becoming aware of it, and failure to provide such notice shall waive the right to claim relief for any period of delay prior to the delivery of notice.
Severability. These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service is held to be invalid or unenforceable under applicable law, then (i) such provision will be interpreted, construed, or reformed to the extent necessary to render the same outcome as attempted in the original writing (or as close thereto as possible); and (ii) such invalidity or unenforceability will not affect any other provision of this Terms of Service.
Waiver; Terms of Service Rights. In the case CleanWhale waives any breach or any rights under these Terms of Service, such waiver will affect only that particular situation and will not waive any other future breach. Additionally, the failure of CleanWhale to enforce these Terms of Service under strict performance will not be construed as a waiver of CleanWhale's rights and remedies, herein, nor shall the particular failure to enforce said situation stand as precedent that CleanWhale does not enforce these Terms of Service under strict performance. CleanWhale fully intends to enforce these Terms of Service in strict performance, however, CleanWhale reserves the right to enforce and waive breaches, remedies, and rights on a case-by-case basis. Any such waiver, as discussed above, must be made in writing and executed by CleanWhale, and when appropriate, the Customer, in order for any effect to be given to such waiver. No waiver will be effective without CleanWhale's authorized signature, and when the Customer's signature is required, no waiver also will be effective without the Customer's authorized signature.
Expenses. The substantially prevailing Party in any legal action, including arbitration, brought by one Party against the other and arising out of these Terms shall be entitled, along with any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorney's fees. Such fees may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose. Such fees shall be in addition to any other relief that may be awarded.
Headings. The section and subsection headings contained in these Terms are for reference and convenience only and shall not affect the meaning, construction, or interpretation of any provision herein.
Language. In the event these Terms are translated into any language other than English, the English version shall prevail and govern in case of any inconsistency or conflict between the versions.
Entire Terms of Service. These Terms of Service (as may be updated from time to time, with the most recent version being controlling), together with the CleanWhale Privacy Policy, constitute the entire agreement between CleanWhale and the Customer to Access and Use the Website, Apps, and Services. No waivers will be given effect that are not in writing, and likewise, no other documents shall be consulted or are necessary in interpretation of these Terms of Service between CleanWhale and the Customer, besides these Terms of Service and the Privacy Policy. These Terms of Service and all documents and communications related thereto are and will be written in English. Unless allowed for and excepted by these Terms of Service, the agreement between CleanWhale and the Customer is wholly contained, herein.
[END OF TERMS OF SERVICE]
