United States and Canada: Terms & Conditions
The terms and conditions stated herein (collectively, this “Agreement”) constitute a legal agreement between you and Tidy House Pro, LLC, a Texas corporation, or the appropriate entity (the “Company”). By using or receiving any services supplied to you by the Company (together with the website located at https://tidyhousepro.com, collectively, the “Service”), and downloading, installing, or using any associated software supplied by the Company, which purpose is to enable you to use the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at https://tidyhousepro.com/terms or through the Service.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at [email protected].
THE COMPANY DOES NOT PROVIDE CLEANING SERVICES, AND THE COMPANY IS NOT A CLEANING SERVICE PROVIDER. It is up to the third-party cleaning service provider to offer cleaning services which may be scheduled through the use of the Software or Service. The Company offers information and a method to obtain such third-party cleaning services, but does not and does not intend to provide cleaning services or act in any way as a cleaning service provider, and has no responsibility or liability for any cleaning services provided to you by such third parties.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Payment Terms
Any fees which the Company may charge you for the Software or Service are due immediately upon completion of your cleaning and are non-refundable. The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. You may be charged for your appointment in full if you cancel within 24 hours of the appointment start, subject to our Last Minute Cancellation Policy or if your cleaner is unable to complete as a result of being locked out of your home. Please see our Help Center for Last Minute Cancellation Policy and Lockout Policy. The Company may change the fees for our Service as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested in how we charge for the Service.
ForeverClean Membership Autorenewal and Cancellation Terms
AUTORENEWAL TERMS: ForeverClean memberships will automatically renew on a monthly basis, and your credit or debit card will be charged your monthly membership fee (taxes may apply) unless you cancel prior to your next billing cycle. Membership fees are due immediately upon renewal and are non-refundable. Thus, if you cancel after your membership is renewed, you will be charged for the entire month regardless of when you cancel your ForeverClean membership.
CANCELLATION TERMS: ForeverClean memberships can be canceled anytime online under your ‘Account Settings’ or by submitting a help ticket at our help center. However, canceling your ForeverClean membership before your initial commitment term will result in your first cleaning being charged at full price at standard rates (“early termination fee”). For avoidance of doubt, the early termination fee is calculated as the difference between the full price of your first cleaning at standard rates and the discounted price of your first cleaning (taxes may apply).
The “no refund policy” discussed in this section shall apply at all times regardless of your decision to terminate your usage, the Company’s decision to terminate your usage, disruption caused to our Software or Service either planned, accidental, or intentional, or any reason whatsoever.
Theft and Damage Policy
In the event of a potential theft or damage during your cleaning service, the requestor must first reach out to their Service Provider. As a Tidy House Pro customer, you have the option to request the platform to help mediate a resolution between the requestor and the Service Provider within 30 days of the completion of your requested service. You will receive a confirmation email, and by requesting that Tidy House Pro help mediate a resolution, you agree that Tidy House Pro’s decision is final and binding. In the event that you choose to involve Tidy House Pro, you must complete the theft and damage claim form within 30 days of receiving the form.
A requester will only be covered by our Theft and Damage Policy provided all of the below:
- The requested service is paid in full through the platform.
- The requester has not violated the Terms of Service.
- The requester has reported the claim within 30 days of the Service Provider’s completion of the requested service.
- The requestor has accounted for & secured all valuables prior to the start of the requested service.
Tidy House Pro is Only a Venue
The Service is a communications platform for enabling the connection between individuals seeking to obtain cleaning services and/or individuals seeking to provide cleaning services and for facilitating a contractual relationship between such parties. The Company checks the backgrounds of cleaning service providers via third-party background check services; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality, or suitability of such cleaning service providers. When interacting with cleaning service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. By using the Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved. NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
Representations and Warranties
By using the Software or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction which restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Without limiting the foregoing, the Service and Software are not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Software or Service, you represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts. By using the Software or the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws from the country, state, and city in which you are present while using the Software or Service.
Privacy; DMCA
Please visit https://tidyhousepro.com/privacy to understand how the Company collects and uses personal information. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content made available in connection with the Service or Software infringes your copyright, you (or your agent) may send the Company a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter-notices with respect to the Service or Software should be sent to the Company at:
By Mail: Copyright Agent
Tidy House Pro, LLC
19901 Southwest Freeway, Sugarland, TX 77479
By Email: [email protected]
Third-Party Interactions
While using the Software and Service, you may engage with third-party service providers, advertisers, or sponsors displaying their products and/or services through the Software or Service. Any such interactions, purchases, or promotions are solely between you and the third-party involved. The Company and its licensors hold no responsibility or liability for any correspondence, transactions, or promotions with third parties. The Company does not endorse any external sites linked via the Service or Software, and shall not be held liable for the content, products, services, or other materials available on such sites or from third-party providers. While using the Software and Service, certain third-party providers may require your agreement to additional terms, and the Company disclaims any responsibility or liability arising from these agreements.
The Company may rely on third-party advertising and marketing, which is necessary to subsidize the Software or Service. By agreeing to these terms, you consent to receive such advertisements. If you prefer not to receive such advertising, please notify us in writing. The Company may compile and release anonymous customer profile information or reports based on your use of the Software or Service. You assume full responsibility for taking precautions in any interactions with third parties.
Cash Back Program
Cash Back: The program allows you to earn Tidy House Pro credits (“Credits”) or cash back (“Cash Back”) (collectively, “Rewards”) on purchases completed through selected vendors in the program (“Select Services”). Your participation and eligibility to earn Rewards are at the Company’s discretion and subject to this Agreement.
Submitting Information about Qualified Purchases: To qualify for Rewards, you must upload receipts to the portal located at https://tidyhousepro.com/ showing payments made to Select Services. The receipt(s) you upload must: i) be valued under $1,000 per service; ii) have been paid by you; and iii) be an authentic receipt from Select Services. The Company reserves the right to verify uploaded receipts and may use your data for validation and administration of the Rewards, as outlined in the Privacy Policy.
Rewards Exclusions and Conditions: Rewards are based on the amount shown on the uploaded receipt, excluding taxes, fees, shipping, discounts, returns, cancellations, extended warranties, and any other items as determined by the Company. To qualify for Rewards, you must maintain an active ForeverClean Membership. Additional conditions include providing valid contact information, including a physical address, and compliance with U.S. laws. Payments via PayPal or Venmo require a valid email address. The Company reserves the right to modify the payment schedule and withhold payment if fraud or anomalies are suspected.
Payment of Rewards: You can select the amount and type of Rewards through the Rewards portal. Payments via PayPal or Venmo will be sent to the specified destination. You are responsible for providing accurate payment information. The minimum payout for Rewards is $5.00. The Company may also modify the payment process as needed.
Account Adjustments: The Company may deduct Rewards for returns, cancellations, or any activity deemed suspicious or inconsistent with the terms of this Agreement. It is your responsibility to verify your account balance regularly. Any disputes regarding Rewards must be addressed within thirty (30) days, but the Company is not obligated to reissue Rewards.
Taxes: Rewards may be subject to taxes based on federal, state, and local laws. You are responsible for any tax liabilities arising from the receipt of Rewards.
Fraudulent Activity: The Company reserves the right to investigate any suspicious receipts. Any fraudulent activity may result in termination of your Rewards account and forfeiture of accrued Rewards. The Company also reserves the right to pursue legal action for fraud or misconduct related to Rewards.
Indemnification
By agreeing to this Agreement and using the Software or Service, you agree to defend, indemnify, and hold harmless the Company, its licensors, and affiliated parties from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your breach of this Agreement or applicable laws; (b) any violation of third-party rights; or (c) misuse of the Software or Service.
New Jersey Residents: This indemnification section is intended to comply with New Jersey law. If any part is deemed invalid, the remaining portions will remain effective.
Termination
The Company reserves the right to modify, suspend, or discontinue the Service, or refuse access to the Service at its discretion, including if the Company believes you have violated this Agreement or engaged in misconduct. Reasons for termination include: abusive behavior, fraud, theft, unsafe practices, falsification, or material omissions. The Company is not liable for any damages resulting from suspension or termination. Efforts will be made to notify you prior to termination.
Disclaimer of Warranties
Tidy House Pro, LLC makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the service or software. Tidy House Pro, LLC does not represent or warrant that:
(A) the use of the service or software will be secure, timely, uninterrupted, error-free, or operate in combination with any other hardware, software, system, or data,
(B) the service or software (including any cleaning services) will meet your requirements or expectations,
(C) any stored data will be accurate or reliable,
(D) the quality of any products, services, information, or other materials purchased or obtained through the service (including any cleaning services) will meet your requirements or expectations,
(E) errors or defects in the service or software will be corrected,
(F) the service or the server(s) that make the service available are free of viruses or other harmful components.
The service and software are provided to you strictly on an “as is” basis. All conditions, 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 to the maximum extent permitted by applicable law.
Tidy House Pro, LLC makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability, or availability of any services, products, or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third-party services or products, remains solely with you, to the maximum extent permitted by law.
Network Delays
The company’s service and software may be subject to limitations, delays, and other problems inherent in the use of the internet, telecommunications networks, and electronic communications. Tidy House Pro, LLC is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
In no event shall Tidy House Pro, LLC’s aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim. In no event shall Tidy House Pro, LLC 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, use, or other economic advantage). Tidy House Pro, LLC and/or its licensors shall not be liable for any loss, damage, or injury which may be incurred by you, including but not limited to loss, damage, or injury arising out of, or in any way connected with the service or software, including but not limited to the use or inability to use the service or software, any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any third-party service provider, advertiser, or sponsor whose advertising appears on the website or is referred by the service or software, even if Tidy House Pro, LLC and/or its licensors have been previously advised of the possibility of such damages.
Tidy House Pro, LLC may introduce you to third-party cleaning service providers for the purposes of providing cleaning services. We will not assess the suitability, legality, or ability of any third-party cleaning service providers and you expressly waive and release Tidy House Pro, LLC from any and all liability, claims, or damages arising from or in any way related to the third-party cleaning service provider. Tidy House Pro, LLC will not be a party to disputes, negotiations of disputes between you and such third-party providers. Responsibility for the decisions you make regarding services offered via the software or service rests solely with you.
Notice
Tidy House Pro, LLC may give notice to you by means of a general notice on the service, electronic mail to your email address on record in the company’s account information, or by written communication sent by first-class mail or pre-paid post to your address on record in the company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first-class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Tidy House Pro, LLC at [email protected].
Controlling Law and Jurisdiction
This agreement will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to its conflict-of-law provisions. You and Tidy House Pro, LLC agree to submit to the personal jurisdiction of a state court located in Sugarland, Texas, or a United States District Court, Southern District of Texas, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the dispute resolution provision below.
Dispute Resolution by Binding Arbitration
Please read this section carefully as it affects your rights.
Informal Negotiations: You and Tidy House Pro, LLC agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding.
Binding Arbitration: If the dispute cannot be resolved informally, all claims arising from the use of the service or software will be exclusively resolved by binding arbitration. You understand that by using the service and agreeing to these terms and conditions, you are waiving the right to a trial by jury, and the right to participate in a class action. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes.
Location of Arbitration: Arbitration will take place in Sugarland, Texas, unless otherwise agreed to by both you and Tidy House Pro, LLC.
Governing Law: This agreement is governed by the laws of the State of Texas, without regard to choice of law principles.
Assignment
This agreement may not be assigned by you without the prior written approval of Tidy House Pro, LLC, but may be assigned without your consent by Tidy House Pro, LLC to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer.
General
No joint venture, partnership, employment, or agency relationship exists between you, Tidy House Pro, LLC, or any third-party provider as a result of this agreement or the use of the service or software.
Other Parties
You agree that you will not bring any claim personally against the officers or employees of Tidy House Pro, LLC in respect of any losses you suffer in connection with the service or software.
Breaches of these Terms and Conditions
If you breach these terms and conditions in any way, Tidy House Pro, LLC may take such action as it deems appropriate, including suspending your access to the service or software, prohibiting you from accessing the service or software, blocking computers using your IP address from accessing the service or software, contacting your internet service provider to request that they block your access to the service or software, and/or bringing court proceedings against you.
