Terms of service

1.Introduction

Cleaning Operator Ltd ("Cleaning Operator", "we", "us" or "our") provides software for scheduling, workforce management, communications and customer relationship management. These Terms of Service ("Terms") govern your access to cleaningoperator.com, app.cleaningoperator.com, any company subdomain ending in .cleaningoperator.com (such as <yourcompany>.cleaningoperator.com), our iOS and Android apps, and any related services, APIs or integrations (together, the "Services").

By creating an account, accepting an invitation, starting a free trial or otherwise using the Services, you agree to these Terms. If you accept them on behalf of a company or other legal entity, you confirm that you have authority to bind it. If you do not agree, you must not access or use the Services.

2.Key definitions

These definitions apply throughout these Terms:

• "Account" means the account created to access the Services, including its company workspaces, subdomains and user seats.
• "Administrator" means the person who controls the Account's settings, billing and user permissions.
• "Customer Data" means all data, content and materials submitted to or generated in the Services by you or on your behalf, including information about your staff, customers, appointments, locations and communications.
• "End User" means anyone you authorise to access the Services under your Account, including staff, contractors and clients.
• "Subscription" means the plan, term and features you choose when you buy paid access to the Services.

3.Account registration and eligibility

To use the Services you must be at least 18 (or the age of majority where you live) and able to form a legally binding contract. When you register, you must give accurate, complete information and keep it up to date.

• You are responsible for keeping your login details safe and for all activity under your Account.
• If you suspect unauthorised access, you must tell us immediately at hello@cleaningoperator.com.
• We may suspend or close Accounts that give false information, breach these Terms or pose a security risk.

4.Subscriptions, plans and billing

We may offer the Services on free, trial and paid plans. Plan features, limits and fees are described on our pricing page or in your Account settings.

• You are billed for the billing period you choose at checkout, such as monthly.
• Subscriptions renew automatically at the end of each billing period until you cancel.
• Starting a free trial does not need a payment method. To keep using the Services after the trial, you must add one. Once you add a payment method, you authorise us and our payment processors (for example, Stripe) to charge your Subscription fees to it, starting when the trial ends and then each billing period, and you must keep it valid.
• You can cancel at any time. Cancellation takes effect at the end of the billing period you have already paid for, and you keep access until then.
• If a payment fails, we may suspend or downgrade your access until the amount owed is paid.
• We may change plan prices with at least 30 days' notice. If you keep using the Services after a price change, you accept it.

5.Workspaces, roles and End Users

An Account may include more than one company workspace and several user roles. Administrators control permissions, branding and data retention in each workspace.

• You are responsible for setting up user roles and making sure your End Users comply with these Terms.
• If you invite your customers to a customer portal or app, you remain responsible for all Customer Data they provide.
• We may help with migration or onboarding, but you remain the controller of Customer Data processed through your workspaces.

6.Acceptable use and prohibited conduct

You must not misuse the Services or allow anyone else to. In particular, you must not:

• Break any applicable law, regulation or industry code, including data protection, employment, marketing and communications laws.
• Upload unlawful, defamatory, infringing or harmful content.
• Try to gain unauthorised access to other Accounts, systems or networks.
• Interfere with or disrupt the integrity, availability or performance of the Services.
• Copy, reverse-engineer or create derivative works of the Services, except where the law expressly allows it.
• Send spam, unsolicited marketing or messages without valid consent.

7.Customer Data and privacy

You keep all rights to Customer Data you submit to the Services. Cleaning Operator processes Customer Data only to provide, secure and improve the Services, and as otherwise described in our privacy policy.

You confirm that you have all the rights, consents and notices needed to submit Customer Data. You are responsible for configuring retention, deletion and access controls in the Services.

Our processing of personal data is governed by our privacy policy. Where required, we will enter into a data processing agreement or standard contractual clauses in line with applicable law.

8.Integrations and third-party services

The Services can connect to third-party platforms, for example Stripe for card payments and Twilio for SMS and calls. Integrations are optional, and you choose whether to turn them on.

• Third-party services are governed by their own terms and privacy policies.
• Cleaning Operator is not responsible for third-party services and disclaims liability arising from their use.
• You permit us to exchange Customer Data with the integrations you select, in line with your settings.

9.Mobile apps

Our iOS and Android apps give access on the move to scheduling, job management, time tracking, communications and related features.

• You are responsible for making sure mobile devices meet our technical requirements and are kept secure.
• Some features, such as GPS clock-in and photo uploads, need device permissions. You must make sure any consents needed, including from End Users, are obtained before location or media data is collected.
• Apple's and Google's app store terms apply in addition to these Terms.

10.Beta features and early access

We may invite you to try beta or early access features. They are provided "as is", may be changed or withdrawn at any time, and are excluded from any service level commitments.

Beta features may be less stable than generally available features. Your feedback helps us improve the Services, and we may use it without restriction.

11.Service availability and support

We aim to provide reliable Services with commercially reasonable availability and support. Maintenance windows, outages and emergency updates may happen.

• Support is available by email at hello@cleaningoperator.com and through in-app channels, 24 hours a day, 7 days a week.
• We will use reasonable efforts to tell you in advance about scheduled maintenance that could materially affect availability.
• We are not responsible for downtime caused by things outside our reasonable control, including internet providers, hosting outages and third-party integrations.

12.Term and termination

These Terms apply for as long as you access the Services. You can cancel your Subscription at any time, and cancellation takes effect at the end of the current billing period.

• We may suspend or end your access if you materially breach these Terms, fail to pay fees, or pose a security or legal risk.
• After termination you remain responsible for any outstanding fees. We may delete or anonymise Customer Data after a retention period unless you request an export before termination.
• Terms that by their nature should survive termination, including confidentiality, ownership, indemnities and limitations of liability, will survive.

13.Fees, taxes and refunds

Fees are the prices shown on our pricing page, in the currency you choose. We do not currently charge VAT or other taxes on top of them. If that changes, we will tell you before any tax is added to your Subscription. Refunds are at our discretion unless the law requires them.

A free trial needs no payment method. If you add one, your Subscription continues as a paid plan when the trial ends, and you can cancel before then to avoid being charged. Downgrading your plan may reduce features, capacity or functionality.

14.Intellectual property

Cleaning Operator and its licensors own all intellectual property rights in the Services, including the software, interfaces, templates, logos, documentation and derivative works.

• You receive no rights other than those expressly set out in these Terms.
• You must not remove proprietary notices, trade marks or copyright markings from the Services.
• You grant us a worldwide, royalty-free licence to host, copy, transmit and display Customer Data only to provide and improve the Services.

15.Confidentiality

Each party will protect the other's confidential information and use it only as needed to perform under these Terms. Confidential information does not include information that is public, independently developed or lawfully obtained without restriction.

16.Warranties and disclaimer

We warrant that we will provide the Services in a professional manner consistent with industry standards. Except as expressly stated in these Terms, the Services are provided "as is" and "as available".

• We do not guarantee that the Services will be uninterrupted or error-free, or that they will meet your business objectives.
• Except where the law does not allow it, we disclaim all implied warranties, including fitness for a particular purpose, merchantability and non-infringement.
• You are responsible for checking the accuracy of reports, notifications, invoices and analytics produced by the Services before you rely on them.

17.Limitation of liability

To the fullest extent permitted by law, Cleaning Operator's total liability arising out of or relating to the Services is limited to the fees you paid us in the three months before the event giving rise to the liability.

• We are not liable for any indirect, consequential, special, incidental, exemplary or punitive damages, including loss of profits, revenue, goodwill or data.
• Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited by law.

18.Indemnity

You will indemnify and hold harmless Cleaning Operator and its directors, officers, employees and agents against any claims, damages, losses, liabilities, costs and expenses (including legal fees) arising out of or relating to:

• Your breach of these Terms or applicable law.
• Customer Data or other content submitted through your Account.
• Use of the Services by you or your End Users that infringes or violates the rights of anyone else.

19.Compliance and communications laws

You are solely responsible for making sure that all communications sent through the Services comply with applicable law, including the UK GDPR, the Data Protection Act 2018, PECR, the TCPA, CAN-SPAM, CASL and similar rules wherever you operate.

You must get valid consent from recipients before sending marketing or automated messages, and keep accurate suppression lists where required.

20.Governing law and disputes

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, except that we may seek injunctive relief in any jurisdiction to protect our intellectual property or confidential information.

21.Changes to these Terms

We may update these Terms to reflect changes to the Services, legal requirements or our business practices. We will tell you about material changes by email, by a notice in the Services, or by updating the effective date on this page.

If you keep using the Services after the changes take effect, you accept the revised Terms.

22.Contact us

If you have questions about these Terms, contact us:

• Email: hello@cleaningoperator.com
• Post: Cleaning Operator Ltd, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom