Last updated on February 22, 2017.

Terms of Service

Welcome!

We are MyClean, Inc. (“MyClean”), and we’re thrilled you’ve decided to use our services, including, but not limited to, our technologies or functions offered on our website and all related sites, applications, customer service team, cleaners, and third-party vendors, all of which we refer to simply as the “Services.”

These Terms of Service (which we call the “Terms”) are just so you’ll know the rules that govern our relationship with you. Although we’ve done our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms form a legally binding contract between you and MyClean, so please read them carefully.

1. Authority

By using the Services, you state that:

  • you can form a binding contract with MyClean;
  • you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations; and
  • you understand that MyClean is protected by relevant trademark and copyright laws. If you are using the Services on behalf of a business or some other entity, you also state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

2. Services

A. Our Services Generally

MyClean agrees to provide you with the Services and you agree to pay the quoted price for the Services, unless otherwise agreed to in writing.

B. Cleaning Supplies and Equipment

We use and provide environmentally friendly supplies and nearly all equipment required for cleaning your apartment, with a few exceptions. Unless specifically stated in writing by MyClean, we do not provide:

  • vacuum;
  • conventional mop and bucket;
  • step stool;
  • toilet brush; or
  • specialty products, including, but not limited to:
    • heavy-duty bathroom cleaner;
    • wood cleaner;
    • bleach; or
    • stainless steel cleaner.

But we are happy to use these items if provided by you and left out in clear view for our cleaning staff and accompanied by directions on their use.

In addition, MyClean requires that you have running water in order to properly perform our Services.

C. Great Clean Guarantee

“We get it right or we make it right.” This Section 2(C) explains what we mean by that.

If you’re not satisfied with your original clean (“Original Clean”), you can request (“Reclean Request”) a free reclean (“Free Reclean”) either by email (contact@myclean.com) or by phone (855-692-5326) as long as the Original Clean was completed within the past 48 hours of the Reclean Request and the Free Reclean is scheduled and completed within 72 hours of the Reclean Request.

In addition, the following types of appointments or items are not eligible for our Great Clean Guarantee:

  • items not on the 50 Point Checklist;
  • free clean appointments;
  • other Free Recleans;
  • places not in standard condition (e.g. biohazards, hoarding, etc.);
  • post-construction/post-renovation cleans; and
  • move-out cleans.

There is no limit on how many Free Recleans you can receive over the course of your relationship with MyClean. With that said, we reserve the right to require additional time and payment for future cleans and/or void our Great Clean Guarantee for future cleans if Free Recleans are requested excessively.

Please note that if you receive a Free Reclean, any extra Services you add to that Free Reclean that were not part of the Services included within your Original Clean are not part of our Great Clean Guarantee and you will be charged for them.

D. Safety

We strive to foster a safe environment for everyone. Our cleaning staff are employed, background checked, insured & bonded, and professionally trained. We reserve the right to remove our employees from your home should the environment be/become unsafe.

That’s where you come in. By using the Services, you agree to assist in fostering a safe environment by:

  • identifying fragile items and communicating this to our cleaner or our customer service team prior to the start of your cleaning appointment;
  • accounting for and securing all valuables prior to the start of your cleaning appointment;
  • notifying us of pets and, if necessary, placing them in designated enclosures that would not threaten our staff or impede our Services;
  • removing any biohazards, including, but not limited to, human bodily fluids, animal waste, rodent feces, live/dead insects, and sharp bio-products (needles, IV tubing, etc.);
  • not requiring or requesting the lifting or moving of furniture or heavy items; and
  • ensuring construction or renovation work (including touch-ups) has been completed, all contractors have left, and all equipment has been removed – prior to our arrival.

In the event that you don’t comply with this Section 2(D), our Great Clean Guarantee will be voided, we may direct our staff to leave your location (at the discretion of management), and our Cancellation Policy (which is explained below) will apply.

E. Cancellation Policy

We assess a $50 cancellation fee to appointments not cancelled by 3PM EST the day before the appointment, unless that clean is a specialty clean. For specialty cleans (including but not limited to post-construction/post-renovation cleans), a cancellation fee amounting to 50% of the price quoted for that specialty clean will be applied to appointments not cancelled by 3PM EST the day before the appointment.

To be clear, if you have a recurring service, you’ll still need to cancel an appointment before 3PM EST the day before any particular appointment in order to avoid a cancellation fee, but you may cancel any later future appointments with no additional fee.

Finally, please note that if our Services are provided under a separate written agreement with you, if any part of that agreement conflicts with these Terms, including a separate cancellation policy, that cancellation policy (and not this Section 2(E)) will apply to you.

F. Damages

Our cleaning staff will conduct themselves professionally in your home. In the rare event accidental damage occurs, you’ll need to notify our office within 48 hours of when the appointment is completed either by email (contact@myclean.com) or by phone (855-692-5326), provide us with a photo and estimate of the damages, and be available to be contacted. We cannot guarantee reimbursement for damages that do not comply with this paragraph. Further, for potential caulking and grout damages, MyClean does not assume responsibility for the restoration of severely worn, stained or mildewed caulking and grout.

Except in emergencies (e.g., a leaking toilet), you must not undertake the repair or replacement of the damage for which you may seek reimbursement.

MyClean reserves the right to contract suitable professionals to repair damages, and will make payment arrangements directly with its contractors to settle any damage repair.

G. Pricing and Discounts

MyClean may change the pricing and discounts of its Services (“Pricing or Discount Change”) in its sole discretion and at any time. Any Pricing or Discount Change will become effective immediately, unless stated otherwise.

Most of the time, Services booked before the time of the Pricing or Discount Change (“Existing Services”) will retain the original pricing as long as no modifications are made to the Existing Services. Any modifications to the Existing Services will void the original pricing of the Existing Services and the price of the Existing Services will be subjected to the Pricing or Discount Change.

In the case that Existing Services are not modified but are nonetheless subject to a Pricing or Discount Change, MyClean will send an email advising the client of the Pricing or Discount Change. Failure to receive or save an email announcing the Pricing or Discount Change will not invalidate that Pricing or Discount Change.

Just so you know, accurate and up-to-date pricing will always be stated on your dashboard.

Your continued use of the Services after the Pricing or Discount Change comes into effect constitutes your agreement to pay the price modified by the Pricing or Discount Change.

H. Refer-a-Friend

MyClean customers with active accounts are eligible to earn up to $250 per year in account credits through the "Refer-A-Friend" program by referring new customers to MyClean. If you expect to accumulate credits in excess of $250, please contact us at contact@myclean.com to arrange a special accommodation.

In addition, to qualify for this program, the referred customer (“Friend”) must provide the referral code of the referring customer (“Referring Customer”) at the time that the Friend books the appointment that they want to use the referral code on. Further, the Friend must:

  • be a new customer;
  • not be the roommate, spouse, or co-habitant of any existing MyClean customer and cannot be part of the same home or household of any existing MyClean customer;
  • not book a clean in the same location as the Referring Customer’s location;
  • not use the same billing information as the Referring Customer;
  • not have the same phone number as the Referring Customer; and
  • not create multiple email addresses, MyClean accounts, or any other aliases in order to take advantage of the Referring Customer’s referral code. Further, the Referring Customer must not post their code to a coupon site (e.g., retailmenot or anything similar). If MyClean discovers a code on such a site, we may immediately terminate your Refer-a-Friend Program privileges, and void any and all previously accrued credits.

Credits are credited to the Referring Customer account only after the Friend has booked their appointment using the Referring Customer’s referral code and the Friend has paid for such appointment. Once received, credits may only be applied towards future appointments and cannot be retroactively applied to previous or existing appointments. Credits are not transferrable and are not redeemable for cash.

Credits and discounts will be removed if any of the conditions above are violated. Continued non-compliance with the Refer-a-Friend program will result in the permanent ban of the Services.

The value of any discount obtained through the Refer-a-Friend program and its credits are subject to change without prior notice.

3. Solicitation of Our Cleaners and Employment Practices

We invest heavily in training and background screening to find quality employees for our Services. Hiring our cleaners (current or those employed by MyClean within the previous 24 months) and/or offering/receiving side propositions while you’re using the Services for up to 18 months after your last appointment with MyClean makes you liable for a $25,000 employment referral fee. By using our Services, you agree to notify us of any attempts to solicit or accept illegal services. If you breach this Section 3, attorney, legal, and miscellaneous expenses incurred to investigate and/or collect this fee will be added to your employment case when discovered. Please note that exchanging contact information is considered part a breach of this Section 3.

Direct, unreported or inappropriate employment practices, unless they comply with law, are illegal. MyClean is obligated to report illegal hiring activities. Implication, complicity or withholding knowledge of illegal activity is not only prosecutable by MyClean, but also generally under United States federal, state, and local laws.

4. Your Account

In addition to exercising common sense, you agree to:

  • not create more than one account for yourself;
  • not create another account if we have already disabled your account, unless you have our written permission to do so; and
  • not share your password.

Credits and discounts are not transferrable between accounts and are not redeemable for cash.

The account(s) will be deactivated and all associated credits and discounts will be removed if any of the conditions above are violated. Continued non-compliance will result in the permanent ban of the Services. If you think that someone has gained access to your account, please immediately reach out to us at contact@myclean.com.

5. Electronic Services and Licenses

MyClean grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use our desktop and mobile website, Facebook page, mobile application, and other related electronic services (“Electronic Services”).

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of our Electronic Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You may not use our branding, logos, designs, photographs, videos, or any other materials appearing or used in our Electronic Services, without our written consent.

In short: You may not use the Electronic Services or the content on the Electronic Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.

6. Rights You Grant Us

Our Electronic Services may let you post, send, receive, upload, store content, or provide feedback or suggestions (“Content and Feedback”). When you do that, you retain whatever ownership rights in that Content and Feedback you had to begin with, but just know that you’re giving us a license to use that Content and Feedback too, without compensating you.

7. Privacy and Security

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that MyClean can collect, use, and share your information in a manner consistent with that policy.

If you feel that we’re not following our Privacy Policy, you may contact us either by email (contact@myclean.com) or by phone (855-692-5326).

8. Data Charges and Mobile Phones

You are responsible for any mobile charges that you incur for using our Services (including our Electronic Services) including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using our Services (including our Electronic Services).

If you change or deactivate the phone number or email address that you used to create an account, you must update your account information through your dashboard within 24 hours to prevent us from sending to someone else messages intended for you.

9. Third-Party Entities

We have not reviewed all content that may link or refer to our Services and are not responsible for the content generated by third party entities. The inclusion of any reference to MyClean by third party entities does not imply endorsement by us. Use of any such content is at your own risk.

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. MyClean is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

10. Modifying the Services and Termination

We may add or remove features, products, or functionalities to our Services, or suspend or stop the Services altogether. We may take any of these actions at any time without prior notice.

While we hope you remain a lifelong customer, you can terminate the Services at any time and for any reason by deleting your account. Our Cancellation Policy will apply to appointments cancelled after 3PM EST the day before any cancelled appointment.

MyClean may also terminate the Services it provides you at any time, for any reason, and without prior notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to an outstanding balance or prolonged inactivity, and we may reclaim your username at any time for any reason.

Regardless of who terminates the Services, both you and MyClean continue to be bound by Sections 1, 3, 5, 6, 9, and 11-18 of these Terms.

11. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless MyClean, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your access to or use of the Services and your breach of these Terms.

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN ADDITION, WHILE MYCLEAN ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY PRICING, TERMS, CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

MYCLEAN TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY GREATER THAN REQUIRED BY APPLICABLE LAW.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYCLEAN AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) OUR PROVISION OF, FAILURE TO, OR INABILITY TO RENDER, AND YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE, THE SERVICES OR (B) THE UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF MYCLEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Dispute Resolution

A. Small Claims Court

Either you or MyClean may bring an individual action in small claims court.

B. Arbitration Generally

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND MYCLEAN TO AGREE TO RESOLVE CERTAIN DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

All claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and MyClean are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

i. Arbitration Rules

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available at the AAA website (www.adr.org), or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $25,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $25,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

ii. Additional Rules for Non-appearance Arbitration

If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

iii. Arbitration Fees

If you choose to arbitrate with MyClean, arbitration fees and arbitrator compensation will be governed by the AAA Rules. If you bring a claim subject to arbitration, are unable to pay all or a portion of your fees, and wish to have all or part of your fees covered by MyClean, you must present to MyClean a written statement detailing the amount you would have had to pay as filing fees and initial court costs if you had filed your claim in a court of competent jurisdiction, and subject to MyClean’s review and approval of the accuracy of such statement, you will only be liable to pay arbitration fees up to the amount set forth in the statement. MyClean will pay the remainder of the fees and deposits of arbitration. Notwithstanding the foregoing, each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law.

iv. Authority of the Arbitrator

The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and MyClean. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MyClean.

v. Opt Out

You may opt out of this Section 14(B) agreement to arbitration within 60 days of the first day on which you receive Services from MyClean (“Opt Out Period”). If you do so, neither you nor MyClean can force the other to arbitrate. To opt out, you must notify MyClean in writing within the Opt Out Period. Your notice must include your name and address, your MyClean username and the email address you used to set up your MyClean account and an unequivocal statement that you want to opt out of this Section 14(B) agreement to arbitration. You must send your opt-out notice via certified mail to this address: MyClean, ATTN: Arbitration Opt-out, 247 West 35th Street, Suite 9R, New York, NY 10001.

vi. Waiver of Jury Trial in Favor of Arbitration

YOU AND MYCLEAN WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and MyClean are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and MyClean over whether to vacate or enforce an arbitration award, YOU AND MYCLEAN WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. vii. Waiver of Class or Consolidated Actions ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 14(J).

viii. Right to Waive

Any rights and limitations set forth in this Section 14(B) may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Section 14(B).

C. Exclusive Venue

To the extent that these Terms allow you or MyClean to initiate litigation in a court, both you and MyClean agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the State of New York.

15. Choice of Law

The laws of New York, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

16. Severability

If any provision of these Terms is found to be unenforceable, then that provision will be severed from these Terms and will not affect the validity and enforceability of any remaining provisions.

17. Additional Terms for Specific Services

We sometimes need to craft additional terms and conditions (“Additional Terms”) for your specific needs (“Specific Services”). The Additional Terms, in addition to these Terms, will also become part of your agreement with us if you use Specific Services. If any part of the Additional Terms conflicts with these Terms, the Additional Terms will prevail.

Real estate professionals who are using or referring clients to MyClean in their professional capacity should contact MyClean by email (contact@myclean.com) or by phone (855-692-5326) prior to booking for additional terms.

18. Final Terms; No Third Party Beneficiary, No Waiver; No Assignment; Reservation of Rights

These Terms (together with any Additional Terms) make up the entire agreement between you and MyClean, and supersede any prior agreements.

These Terms do not create or confer any third-party beneficiary rights.

If we do not enforce a provision in these Terms, it will not be considered a waiver.

You may not transfer any of your rights or obligations under these Terms without our consent.

We reserve all rights not expressly granted to you.