Terms Of use

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 18 “DISPUTE RESOLUTION AND ARBITRATION” OF THESE TERMS. Please review this section carefully, as that section impacts your ability to have your rights determined by a court or in the form of a class action.

QleenIt (“QleenIt,” “we,” “us,” or “our”) provides an online service that connects consumers with independent car washers (“Service Providers,” “Detailers”), to facilitate orders of car washes. Through the Platform, consumers may request washes. These Terms of Use, together with any documents expressly incorporated by reference, including our Privacy Policy and the QleenIt Rewards Terms and Conditions (collectively, the “Terms”) govern your use of the QleenIt website at https://qleenit.com, the QleenIt mobile app, and any websites and mobile apps that are owned and operated by us that link to this Terms (collectively, the “Platform”).

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM.

1. LICENSE TO ACCESS THE PLATFORM
Subject to your compliance with these Terms, QleenIt hereby grants you a limited, non-sublicensable, non-transferable, and revocable license to access the Platform on compatible devices that you own or control, solely for your own use, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform. QleenIt may revoke this license at any time, in its sole discretion. QleenIt reserves all rights not expressly granted to you.
You may not modify, alter, reproduce, distribute, or make the Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Platform. If you breach these license restrictions or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates to the Platform, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. ACCOUNT REGISTRATION AND ELIGIBILITY
You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least 18 years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.
Some features of the Platform may require you to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete and that you will keep it up-to-date at all times. We may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us by email at feedback@qleenit.com. QleenIt will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by QleenIt or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use.
Note that your use of the Platform may incur third-party fees, such as fees charged by your mobile data carrier for data usage, and may be subject to third-party terms, such as your carrier’s terms of service. You are responsible for paying for any such fees and for abiding by all such terms.

3. PURCHASES THROUGH THE PLATFORM
Relationship between QleenIt and Service Providers
During use of the Platform, you may purchase menu items, such as mobile detailing, from Detailers through the Platform. Any such activity, and any interactions, disputes, terms, conditions, warranties, or representations associated with that activity, are solely between you and the applicable Service Provider. QleenIt and its licensors shall have no liability, obligation, or responsibility for any purchase or transaction between you and the Service Provider.

QleenIt is not liable or responsible for Service Providers’ compliance with applicable federal, state, or local laws, rules, regulations, or standards pertaining to their businesses. In addition, QleenIt does not guarantee the quality of what washes Service Providers sell and does not independently verify, and is not liable for, representations made by Washers regarding their goods and services that are made available through the Platform.

Order Acceptance and Payments
You authorize QleenIt to charge all sums for orders that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account or decline to process your order.

QleenIt reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent, and to charge you the full order amount, including any QleenIt fees.

Pricing and Availability
You understand that the prices for menu items displayed through the Platform may differ from the prices offered or published by Service Providers for the same menu items and/or from prices available at other third-party websites or mobile applications. Prices for menu items displayed through the Platform may not be the lowest prices at which the menu items are sold.

Transactions Involving Age Restricted Substances
Service Providers may offer certain products, including, but not limited to, alcoholic beverages that may only be purchased by consumers who are of legal age in jurisdictions that permit such purchases (collectively, “Age Restricted Menu Items”). If you are a consumer, you expressly represent and warrant that: (i) you are of legal age to purchase Age Restricted Items in the relevant jurisdiction, and (ii) you meet all other legal requirements of your jurisdiction to purchase Age Restricted Menu Items. You further understand and acknowledge that QleenIt cannot accept your order of Age Restricted Items, and the order will only be delivered if the Service Provider accepts your order.

Refunds and Credits
Charges paid by you are final and non-refundable. QleenIt has no obligation to provide refunds or credits.

QleenIt, in its sole discretion, may provide consumers with refunds or credits, or make promotional offers with different features and different rates to any consumers, which are subject to these Terms. Any credits issued by QleenIt will be automatically applied to your next order, and can only be redeemed for orders on the Platform, and within areas and times that the Platform is available. Credits may be applied toward order subtotals (excluding gratuity) or delivery fees only as indicated in your consumer account. The expiration date(s) for such credits can be found in the mobile application and/or the email issuing the credit. Credits may not be applied to any other offer.

Credits are non-transferrable, may not be resold, and have no cash value. Upon expiration, credits will be removed from your account, are no longer redeemable, and cannot be used towards any order. If your account is canceled, you may forfeit any pending, current, or future credits or promotional offers and any other forms of unredeemed value in or associated with your account without prior notice to you.

Cancelled Orders
If you cancel your order, you may be charged depending on what stage the order was in when you canceled. You will be notified of any applicable charges before you complete your cancellation.

QleenIt Rewards Participation
If you participate in the QleenIt Rewards Program, your participation is governed by the QleenIt Loyalty Terms and Conditions, incorporated by reference.

4. COMMUNICATIONS WITH YOU
By registering or placing an order with us, you may receive communications from us or the Service Provider regarding your order. These communications may be by mail and/or SMS and may include both informational and commercial content. If you do not wish to receive commercial emails from us, you may remove your name from the email list by contacting us at privacy@QleenIt.com or by using the unsubscribe option in such commercial emails. You may not unsubscribe from transactional or relationship emails.

You may have the option of receiving informational SMS messages from us or on behalf of the Service Provider regarding your order. The delivery of such messages will be governed by our SMS Terms and Conditions.

When you install our mobile app on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.

5. PRIVACY POLICY
Please review the QleenIt Privacy Policy, which is hereby incorporated by reference and governs our use and collection of your information.

6. ACCEPTABLE USE OF THE PLATFORM
You agree to not engage in, and not assist others to engage in, any of the following acts:

Violate, or encourage others to violate, the rights of any third party, including by infringing or misappropriating any third party intellectual property right related to the Platform, or otherwise engage in the unauthorized use of any proprietary content, information, or materials on the Platform;
Create multiple accounts on the Platform or use another individual’s account to access the Platform;
Unless expressly permitted, alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Platform, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Platform without prior written authorization;
Bypass any security or other features of the Platform designed to control the manner in which the Platform is used, harvest or mine content from the Platform, or otherwise access or use the Platform in a manner inconsistent with individual human use;
Use the Platform to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Platform account without permission;
Decipher, reverse engineer, decompile, or disassemble the Platform, or the software used to provide the Platform, in whole or in part, or authorize, direct, or cause a third party to do so;
Use, display, mirror, frame, or utilize framing techniques to enclose the Platform, or any portion thereof, unless and solely to the extent QleenIt makes available the means for embedding any part of the Platform;
Access, tamper with, or use non-public areas of the Platform, QleenIt’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of QleenIt’s providers;
Use any robot, spambot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Platform or to extract data;
Use the Platform in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and QleenIt is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Platform; or
Introduce viruses, time bombs, worms, cancelbots, trojan horses, and/or other harmful code into the Platform.
7. INTELLECTUAL PROPERTY RIGHTS
The Platform, and the media and materials contained in the Platform, including all intellectual property rights in the Platform, are the sole and exclusive property of QleenIt, its licensors, or each Service Provider, respectively. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by QleenIt in these Terms are expressly reserved.

8. DIGITAL MILLENNIUM COPYRIGHT ACT
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of QleenIt, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Platform, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

A description of your copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material you claim is infringing is located on the Services (providing us with the website URL is the quickest way to help us locate content quickly);
Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

QleenIt’s copyright agent can be reached as follows:
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please contact us via our Help Center. Please also note that pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

9. THIRD PARTY LINKS AND TOOLS
We may provide you with links to third-party websites, third-party materials, or access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such links, materials, or tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. QleenIt has no responsibility or liability for your use of these third-party websites, and any use by you is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms associated with such third-party websites or tools.

10. USER CONTENT, FEEDBACK, AND OTHER SUBMISSIONS
You may be able to submit, post, upload, denote, or otherwise make available (collectively, “Post”) photographs, menu items, reviews, ratings, questions, comments, public messages, ideas, designs, concepts, inventions, feedback, and other content (collectively, “User Content”) (that may or may not be viewable by other users) through the Platform.
You acknowledge that when you Post User Content on or through the Platform, the User Content shall be deemed, and shall remain QleenIt’s property. QleenIt does not provide any compensation for User Content that you post on or through the Platform. You agree that User Content that you post on or through the Platform shall be deemed to be non-confidential and non-proprietary, and QleenIt shall have no obligation of any kind with respect to such information.
When you Post User Content on or through the Platform, you grant QleenIt a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content in connection with QleenIt’s or its partners’ or affiliates’ business, in whole or in part, in any format or medium now known or developed in the future, for any purpose whatsoever, unless expressly agreed otherwise in writing by QleenIt, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You further grant QleenIt a license to use your username and/or other user profile information, including, without limitation, your rating history and how long you have been a QleenIt consumer, to attribute User Content to you, if we choose to do so. Further, QleenIt shall be free to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose whatsoever in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to you, including but not limited to developing, manufacturing and marketing products incorporating such information. In the interest of clarity, the license granted to QleenIt shall survive the termination of the Platform or your account. Notwithstanding the foregoing, our use of your personal data shall be governed by the QleenIt Privacy Policy.

You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that QleenIt does not control, and is not responsible for, User Content and that by using the Platform, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors, or inaccuracies. You agree that you will indemnify, defend, and hold harmless QleenIt for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

You acknowledge and agree that QleenIt and its designees may or may not (but do not assume any obligation to), at QleenIt’s discretion, pre-screen User Content before its appearance on the Platform. You further acknowledge and agree that QleenIt reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit, or remove any User Content that is contributed to the Platform. Additionally, QleenIt has the right to remove any User Content that violates these Terms or is otherwise objectionable in QleenIt’s sole discretion. You acknowledge and agree that QleenIt does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

11. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on the Platform or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

12. DISCLAIMER OF WARRANTIES
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY QLEENIT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. QLEENIT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE PLATFORM. QLEENIT DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE PLATFORM OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

QLEENIT PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. QLEENIT IS NOT RESPONSIBLE FOR ANY DELAYS, EXECUTION OF SERVICES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
QLEENIT RELIES UPON DETAILERS TO PROVIDE ACCURATE ALLERGEN AND GENERAL PRODUCT SAFETY. QLEENIT DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION ACCESSIBLE THROUGH THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING WITHOUT LIMITATION MENUS AND ALLERGEN INFORMATION, PHOTOS, JOB QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION NUTRITIONAL AND ALLERGEN INFORMATION.
QLEENIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A SERVICE PROVIDER OR OTHER THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND QLEENIT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. LIMITATION OF LIABILITY
IN NO EVENT SHALL QLEENIT’S AGGREGATE LIABILITY EXCEED THE QLEENIT FEES ACTUALLY PAID BY YOU TO QLEENIT IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $50, WHICHEVER IS LESS. IN NO EVENT SHALL QLEENIT AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF QleenIt AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES.

THE PLATFORM CONNECTS YOU TO SERVICE PROVIDERS FOR THE PURPOSE OF FACILITATING YOUR ORDERS. QLEENIT WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF DETAILERS, AND YOU EXPRESSLY WAIVE AND RELEASE QLEENIT FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE SERVICE PROVIDERS. QLEENIT WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY SERVICE PROVIDERS ON THE PLATFORM, AND YOU EXPRESSLY WAIVE AND RELEASE QLEENIT FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO SERVICE PROVIDERS AND THE ITEMS THEY PROVIDE. QLEENIT WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTE, BETWEEN YOU AND ANY SERVICE PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE PLATFORM (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE QLEENIT FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE PLATFORM.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.

14. INDEMNIFICATION
You are responsible for your use of the Platform, and you agree to defend (at QleenIt’s option), indemnify, and hold harmless QleenIt and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (ii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iii) any dispute or issue between you and any third party, including any Service Providers or other third-party.
QleenIt reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, QleenIt may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim that you are defending on behalf of QleenIt without QleenIt’s prior written consent.
This provision does not require you to indemnify QleenIt for any unconscionable commercial practice by such party or for such party’s gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Platform.
You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Platform.

15. TERMINATION AND SUSPENSION
These Terms are effective unless and until terminated by either you or us. You may terminate by deactivating your account or stopping use of the Platform. We are also free to terminate (or suspend access to) your use of your account or the Platform, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.

16. CHANGES TO THE TERMS
Except as explicitly described in the Dispute Resolution and Arbitration section, we reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Platform, except as set forth below. These Terms identify the date of the last update. Except as explicitly described in the Dispute Resolution and Arbitration section, your use of the Platform following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to the address you may have used to register for an account, through a pop-up window on the Platform, or other similar mechanism. We reserve the right in our sole discretion to determine how to notify of any material changes to these Terms.
You acknowledge and agree that if QleenIt modifies any provision of these Terms (including any information referenced at hyperlinks), other than the Dispute Resolution and Arbitration section herein, you will not have a renewed opportunity to opt out of arbitration. You further acknowledge and agree that unless the Dispute Resolution and Arbitration section herein is materially different from any prior arbitration provision with QleenIt to which you may be bound, your acceptance of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).
Except as explicitly described in the Dispute Resolution and Arbitration section, material changes to these Terms will be effective upon the earlier of: (1) Your first use of the Platform with actual notice of such change, or (2) thirty (30) days from posting of such change.
Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.

17. GENERAL TERMS
Entire Agreement. These Terms constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). These Terms shall not be modified by any of (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.
Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
No Third-Party Beneficiaries. These Terms are not enforceable by or for the benefit of any third party.
Assignment. You may not assign, delegate, or transfer these Terms, your rights or obligations hereunder, or your account, in any way without QleenIt’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.
Force Majeure. QleenIt shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Choice of Law. These Terms and any dispute of any sort that might arise between you and QleenIt will be interpreted in accordance with the law of the state of New York, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim (except for enforcing the Indemnification provision above) arising out of or related to the Terms and/or Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Notice. Where QleenIt requires that you provide an email address, you are responsible for providing QleenIt with your most current email address. In the event that the last email address you provided to QleenIt is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, QleenIt’s dispatch of the email containing such notice will nonetheless constitute effective notice.

You may give notice to QleenIt at the following address: QleenIt, 902 Broadway, 19th Floor, New York, NY 10010 Attn: Legal. The notice must also be sent via email to: support@QleenIt.com. Such notice shall be deemed given when received by QleenIt by letter delivered not QleenIt at the above address postal address and email address.
Waiver.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section Titles. The headings used in the Terms are included for convenience only and will not limit or otherwise affect these Terms.

No Agency. No joint venture, partnership, employment, or agency relationship exists between you, QleenIt, or any third-party provider as a result of the Terms or use of the Platform.

18. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Initial Dispute Resolution
Our Customer Support Department via email support@QleenIt.com to address any concerns you may have regarding the Platform. Our Customer Service Department can resolve most concerns quickly to our users’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.

The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.org or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require QleenIt to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, QleenIt will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).

The parties agree that JAMS has the discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 12 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.
The parties understand that absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Location
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. You and QleenIt agree to submit to the personal jurisdiction of any federal or state court in Essex County, New Jersey, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND QleenIt AGREE THAT EACH 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. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

Exception – Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: QleenIt, 902 Broadway, 19th Floor, New York, NY 10010 Attn: Legal. The notice must be sent within 30 days of DATE OF POSTING or your first use of the Platform, whichever is later, otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, QleenIt also will not be bound by them.

Changes to this Section
QleenIt will provide 30 days’ notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the Platform after the 30th day, you agree that any unfiled claims of which QleenIt does not have actual notice are subject to the revised clause.

Venue and Governing Law
For any dispute not subject to arbitration you and QleenIt agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, New York. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Terms and the relationship between you and QleenIt shall be governed by the laws of the State of New York without regard to conflict of law provisions.

19. CONTACT
If you require assistance, you can call our customer support team at 888-974-9928 or by email at support@QleenIt.com.

20. NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding the use of the Platform.

21. NOTICE FOR APPLE MOBILE APPLICATION USERS
If you use our iOS mobile application to access the Platform, your license to use the mobile application is limited to a non-transferable license to use the application on an iPhone or other iOS Product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, provided that the Services may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing programs.
In addition, you acknowledge and agree that:

These Terms are between you and QleenIt, and not with Apple, and Apple is not responsible for the Platform and the content thereof;
Apple has no obligation at all to provide any support or maintenance services in relation to the Platform, and any maintenance or support questions related to the Platform should be directed to QleenIt;
Except as otherwise expressly set forth in these Terms, any claims relating to the possession or use of the Platform are between you and QleenIt (and not between you, or anyone else, and Apple);
In the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Platform infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
You may not use the applicable Platform in any manner that is in violation of or inconsistent with the Usage Rules set forth for such services in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions;
Your use of the Platform must comply with any applicable third-party terms of agreement, such as your wireless data service agreement;
QleenIt and you acknowledge that QleenIt, not Apple, is responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in connection with any use of the HealthKit and HomeKit frameworks by the Platform;
Although these Terms are entered into between you and QleenIt (and not Apple), Apple, as a third-party beneficiary under these Terms, will have the right to enforce these Terms against you; and
If the mobile application does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of such mobile application (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition, or other term in relation to the Platform and will not be liable to you for any claims, losses, costs, or expenses of whatever nature in relation to the Platform or as a result of you or anyone else using any of the Platform or relying on any of its content.
You represent and warrant that (i) you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.

Fraud
QleenIt reserves the right to any remedy, including refusal to issue or honor Points or Wash Credits in the event of suspected fraud. We will have the right to close customer accounts and bill alternative forms of payment if fraudulently obtained.

Disputes
Any dispute or claim relating in any way to the Program will be resolved in accordance with the Dispute Resolution and Arbitration section of QleenIt Terms of Service.

Contact Us
If you have questions or comments regarding the Program you may contact us by emailing support@QleenIt.com or SMS messaging 234-575-4237.

QleenItSMS Terms and Conditions
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED BELOW. PLEASE READ CAREFULLY.

QleenIt LLC. and/or its affiliates (“QleenIt,” “we,” “us,” or “our”) provides these QleenIt SMS Terms and Conditions (the “QleenIt SMS Terms”), which govern the provision and delivery of text messages by us or our text message service providers to you (the “QleenIt Alerts”). QleenIt provides this text message service to (1) provide you with information about an order that you have placed on the QleenIt platform or information you requested from QleenIt and/or (2) notify you of special offers, sales, and events that may interest you.

E-SIGN Disclosure:
By agreeing to receive QleenIt Alerts, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to support@QleenIt.com with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to support@QleenIt.com with contact information and the address for delivery.

Signing Up for QleenIt Alerts:
QleenIt will send QleenIt Alerts only to those who consent to receive such text messages. You can sign up by providing your information when making a purchase from a Service Provider on the QleenIt platform, providing your information on this page Privacy Policy, or otherwise providing your information to us. By signing up to receive QleenIt Alerts, you agree to these QleenIt SMS Terms and QleenIt’s Privacy Policy. You also agree that QleenIt or its agents may use any automated or non-automated technology to send you promotional and/or informational text messages. You understand that you are not required to receive QleenIt promotional text messages as a condition of using services or products made available by QleenIt. You may text HELP to 69362 at any time if you need assistance.

Costs of Signing Up for QleenIt Alerts:
QleenIt does not charge you for its text message program. But message and data rates may apply when you send and receive SMS messages, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

Frequency of Text Messages:
We may send you an initial message confirming that we have received your opt-in or we may send you informational messages after you have provided your contact information to us. After that, the specific amount of text messages may vary depending on how you use our services and whether you take steps to generate additional text messages from us (such as by sending a HELP request).

Participating Carriers:
As of 31st August 2023, our text messages can be sent through the following carriers: Twilio. The content is not compatible with all mobile device models. The list of participating carriers may be changed at QleenIt’s sole discretion without prior notice. QleenIt will not be liable for any delays in the receipt of any text messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time. The mobile carriers are not liable for delayed or undelivered messages. T-Mobile is not liable for delayed or undelivered messages.

Eligibility:
By signing up to receive QleenIt Alerts, you represent that you are 18 years of age or older, understand the obligations, and agree to the terms set forth in these QleenIt SMS Terms, which form a binding agreement between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided.

Opting Out of QleenIt Alerts:
If you no longer want to receive QleenIt Alerts, you may text STOP to the shortcode 69362, or reply with STOP to any text message from QleenIt. After unsubscribing, we may send you confirmation of your opt-out via text message. If you have revoked consent and want to re-enroll in our text message program, you can resume your enrollment by either replying to the same message you opted out of with the keyword SUBSCRIBE. Alternatively, call our support team at 888 974 9928

Modifications to these QleenIt SMS Terms:
We reserve the right to modify these QleenIt SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions, or deletions will be effective immediately upon posting. Your continued enrollment in QleenIt Alerts shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.

DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Initial Dispute Resolution
Our Customer Support Department is available via email at support@QleenIt.com to address any concerns you may have regarding the QleenIt Alerts. Our Customer Service Department can resolve most concerns quickly to our users’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.

Binding Arbitration
If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these QleenIt SMS Terms (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class or representative actions.
Except as set forth below, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these QleenIt SMS Terms, including, but not limited to any claim that all or any part of these QleenIt SMS Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to resolve or narrow issues in dispute efficiently. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.org or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these QleenIt SMS Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require QleenIt to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, QleenIt will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
The parties agree that JAMS has the discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 12 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.
The parties understand that absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Location
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. You and QleenIt agree to submit to the personal jurisdiction of any federal or state court in New York, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND QleenIt AGREE THAT EACH 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. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: QleenIt, 902 Broadway, 19th Floor, New York, NY 10010 Attn: Legal. The notice must be sent within 30 days of 26th March 2021 or your first use of the Platform, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, QleenIt also will not be bound by them.

Venue and Governing Law
For any dispute not subject to arbitration you and QleenIt agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Essex County, New Jersey. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

The QleenIt SMS Terms and the relationship between you and QleenIt shall be governed by the laws of the State of New Jersey without regard to conflict of law provisions.

Contact Us:
For more information, please email us at support@QleenIt.com

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