VivaClean Terms of Service

These Terms of Service (“Terms”) govern access to and use of VivaClean’s websites, applications, software, and related services (collectively, the “Service”).

These Terms form a legally binding agreement between you and VIVACLEAN LLC, a Colorado limited liability company doing business as VivaClean (“VivaClean,” “we,” “us,” or “our”).

By creating an account, starting a trial, purchasing a subscription, or otherwise accessing or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you use the Service on behalf of a company or another organization, you represent that you have the legal authority to bind that organization to these Terms.

If you do not agree to these Terms, do not access or use the Service.

1. Eligibility and accounts

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service.

You agree to provide accurate, complete, and current account information. You are responsible for:

• Protecting your login credentials;
• All activity conducted through your account;
• Managing the users authorized to access your organization;
• Assigning appropriate roles and permissions; and
• Promptly notifying VivaClean if you suspect unauthorized access.

You may not share individual login credentials between multiple people or access another person’s account without authorization.

The person who creates an organization account may be treated as its owner or administrator unless ownership is reassigned through the Service or otherwise verified by VivaClean.

2. The Service

VivaClean provides software tools for cleaning operations and property management. Depending on your plan, these tools may include:

• Property, client, guest, and staff management;
• Cleaning schedules and assignments;
• Time, attendance, and completion records;
• Photos, checklists, notes, and service reports;
• Invoicing, payment tracking, and financial summaries;
• Client, cleaner, and administrator portals;
• Notifications, emails, and operational communications; and
• Integrations with third-party services.

Specific functionality depends on your subscription plan and may change over time.

We may add, modify, suspend, or discontinue features. When a change materially reduces the core functionality of a paid subscription, we will provide reasonable notice when practicable.

VivaClean provides software for managing operations. Unless expressly agreed in a separate written contract, VivaClean does not perform cleaning services, employ or supervise your workers, manage your properties, or act as your accountant, tax adviser, attorney, insurer, or payment processor.

3. Trials, subscriptions, and payments

3.1 Trial period

VivaClean may offer a free or discounted trial. The duration and conditions of the trial will be displayed when you enroll.

Unless otherwise stated at enrollment, a trial may automatically convert into a paid subscription when the trial period ends. If it does, your selected payment method will be charged the applicable subscription fee unless you cancel before the end of the trial.

Before you enroll, we will disclose whether payment information is required and whether the trial automatically converts into a paid subscription.

Trial eligibility may be limited to one trial per person, organization, business, or payment method.

3.2 Subscription fees

Subscription prices, included features, usage limits, billing frequency, and applicable taxes are presented when you select a plan or confirm a purchase.

Unless otherwise stated, paid subscriptions automatically renew for successive billing periods until canceled.

You authorize VivaClean and its payment providers to charge your selected payment method for:

• Subscription fees;
• Usage-based or additional service fees disclosed to you;
• Applicable taxes; and
• Other purchases you authorize.

You must maintain a valid payment method. If a payment fails, we may retry the charge, restrict paid functionality, or suspend access until the outstanding balance is paid.

3.3 Price changes

We may change subscription prices by providing reasonable advance notice.

A price change will ordinarily apply beginning with your next renewal after the notice period. If you do not agree to the new price, you may cancel your subscription before the new price takes effect.

3.4 Cancellation

You may cancel your subscription through the billing or organization settings available in the Service or by contacting us at support@vivaclean.company.

Unless otherwise disclosed at purchase:

• Cancellation stops future automatic renewals;
• Your paid access continues through the end of the current billing period;
• You remain responsible for charges incurred before cancellation; and
• Canceling a subscription does not automatically delete your organization or its data.

3.5 Refunds

Except where required by law or expressly stated in writing, all payments are nonrefundable, and VivaClean does not provide credits or prorated refunds for partially used billing periods.

If you believe a charge was made in error, contact us within 30 days after the charge.

Nothing in this section limits any refund or cancellation rights that cannot legally be waived.

3.6 Taxes

Fees do not include taxes unless expressly stated otherwise. You are responsible for applicable sales, use, withholding, value-added, excise, or similar taxes, excluding taxes based on VivaClean’s net income.

4. Organizations and authorized users

An organization may invite employees, contractors, cleaners, property managers, clients, or other authorized users to access specific parts of its account.

The organization is responsible for:

• Determining who may access its account;
• Configuring roles and permissions appropriately;
• Obtaining any required agreements or consents from its users;
• Removing access when a person is no longer authorized; and
• Activities performed by its authorized users.

Organization owners and administrators may access, manage, export, restrict, or delete information associated with their organization, including information submitted by authorized users.

If you use an account provided by an organization, your access and the information associated with your account may be controlled by that organization.

5. Customer Content

“Customer Content” means information, files, images, records, messages, and other materials submitted to the Service by you or your authorized users. Customer Content may include property information, contact details, guest information, schedules, photographs, invoices, notes, and work records.

You retain ownership of your Customer Content.

You grant VivaClean a limited, non-exclusive, worldwide license to host, copy, process, transmit, display, and otherwise use Customer Content only as necessary to:

• Provide, maintain, and secure the Service;
• Process your instructions;
• Maintain backups and prevent data loss;
• Diagnose and correct technical problems;
• Provide customer support;
• Comply with applicable law; and
• Improve the Service using aggregated or de-identified information.

This license ends when the Customer Content is deleted from our active systems, except to the extent that retention is reasonably necessary for backups, security, fraud prevention, dispute resolution, or legal compliance.

You represent and warrant that you have the ownership rights, permissions, and legal basis necessary to submit and process Customer Content through the Service.

6. Your data responsibilities

You are responsible for complying with privacy, employment, surveillance, recordkeeping, and property-management laws applicable to your organization and use of the Service.

This includes responsibility for:

• Providing legally required privacy notices;
• Obtaining necessary permissions and consents;
• Limiting data collection to appropriate information;
• Keeping personal information accurate when required;
• Responding to requests from clients, guests, workers, or other individuals; and
• Establishing appropriate retention and deletion practices.

You may not upload highly sensitive information—such as Social Security numbers, complete payment-card details, medical records, or government identification documents—unless VivaClean expressly supports and authorizes that type of information.

Our collection and use of personal information are further described in our Privacy Policy.

7. Photos, location, time, and work records

Some features may allow users to upload property photos, record arrival or completion times, share location information, or document work performed.

The organization using these features is responsible for determining whether their use is lawful and appropriate, informing affected individuals, and obtaining any required consent.

Operational records generated through the Service are tools for business administration. You are responsible for reviewing their accuracy before relying on them for:

• Payroll or contractor compensation;
• Client invoicing;
• Employment or disciplinary decisions;
• Taxes or financial reporting;
• Insurance claims;
• Legal or regulatory compliance; or
• Disputes involving workers, clients, guests, or property owners.

VivaClean does not guarantee that automated calculations, time records, reports, invoices, or financial summaries are free from errors.

8. Communications

By providing an email address, telephone number, or other contact information, you agree to receive transactional communications necessary to operate the Service.

These communications may include:

• Account and security alerts;
• Cleaning assignments;
• Schedule changes;
• Completion reports;
• Invoices and payment notices;
• Support responses; and
• Administrative or legal notices.

You may manage certain notification preferences in the Service. Essential administrative, billing, security, and legal communications cannot always be disabled while your account remains active.

Marketing communications, when offered, may be discontinued using the unsubscribe instructions included in the message.

You are responsible for ensuring that communications sent through your organization comply with applicable laws and that recipients have provided any required consent.

9. Acceptable use

You may not use the Service to:

• Violate any law, regulation, contract, or third-party right;
• Upload or share content you do not have permission to use;
• Harass, threaten, discriminate against, defraud, or impersonate another person;
• Send spam or unauthorized marketing communications;
• Introduce malware, viruses, or other harmful code;
• Attempt to bypass security measures or access restrictions;
• Access accounts, systems, or data without authorization;
• Interfere with the Service or impose an unreasonable technical load;
• Probe, scan, or test the vulnerability of the Service without authorization;
• Scrape, copy, reverse engineer, decompile, or attempt to extract source code, except where applicable law expressly permits it;
• Resell, sublicense, or commercially distribute access to the Service without our written permission; or
• Use VivaClean’s confidential or proprietary materials to develop or train a competing product.

We may investigate suspected violations and remove content or restrict access when reasonably necessary to protect VivaClean, our users, or third parties.

10. Third-party services

The Service may integrate with services provided by third parties, including payment processors, email providers, accounting platforms, calendars, storage services, analytics providers, and communication tools.

Your use of a third-party service is governed by that service’s own terms and privacy policies.

VivaClean is not responsible for third-party services, including their:

• Availability or performance;
• Security or privacy practices;
• Accuracy or reliability;
• Fees or billing practices; or
• Changes to or discontinuation of their functionality.

Enabling an integration authorizes VivaClean to exchange the information reasonably necessary to provide that integration according to your instructions.

11. Mobile applications and app marketplaces

The VivaClean mobile application may be made available through the Apple App Store, Google Play, or another third-party marketplace.

Your use of an app marketplace is subject to that marketplace’s own terms, policies, payment rules, and account requirements. Apple, Google, and other marketplace operators are not parties to these Terms and are not responsible for providing or supporting the VivaClean Service.

VivaClean, rather than the marketplace operator, is responsible for:

• Operating the VivaClean Service;
• Providing support for VivaClean functionality;
• Addressing claims concerning the Service; and
• Handling privacy and data-processing practices under our Privacy Policy.

The marketplace operator may be responsible for processing purchases, renewals, cancellations, and refunds completed through its payment system. Those transactions are also governed by the marketplace’s terms and policies.

Removing the application from your device does not cancel a subscription, delete your VivaClean account, or delete your organization. You must cancel through the applicable billing provider and use VivaClean’s account-deletion process separately.

The Service may depend on operating-system features, app-store services, device permissions, and third-party platform APIs. VivaClean is not responsible for interruptions, restrictions, compatibility changes, store-review decisions, account actions, or discontinued functionality controlled by Apple, Google, a device manufacturer, a mobile carrier, or another third party.

For an application downloaded through the Apple App Store, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the provisions applicable to the Apple App Store.

12. Intellectual property

VivaClean and its licensors retain all rights, title, and interest in the Service, including its:

• Software and source code;
• Design and user interface;
• Branding and trademarks;
• Documentation;
• Workflows and functionality; and
• Underlying technology.

These Terms grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service during your subscription for your internal business operations.

No rights are granted except those expressly stated in these Terms.

If you provide suggestions, feedback, or ideas about the Service, you authorize VivaClean to use them without restriction or compensation. This does not grant VivaClean ownership of your Customer Content.

13. Security and availability

VivaClean uses reasonable administrative, technical, and organizational safeguards designed to protect the Service and Customer Content.

However, no internet-based service can guarantee absolute security, uninterrupted availability, or complete protection against unauthorized access or data loss.

You are responsible for:

• Using strong and unique passwords;
• Protecting your devices and login credentials;
• Managing authorized users;
• Maintaining appropriate copies or exports of information critical to your business; and
• Promptly notifying VivaClean of suspected unauthorized access.

The Service may occasionally be unavailable because of maintenance, updates, technical failures, third-party outages, emergencies, or circumstances beyond our reasonable control.

14. Confidentiality

Each party may receive nonpublic business, technical, financial, or operational information from the other party.

The receiving party will:

• Use confidential information only to provide or receive the Service;
• Protect it using reasonable care; and
• Disclose it only to personnel and service providers who need access and are subject to appropriate confidentiality obligations.

These obligations do not apply to information that:

• Is or becomes public without breach of these Terms;
• Was already lawfully known to the receiving party;
• Is lawfully received from another source without confidentiality restrictions; or
• Is independently developed without using the confidential information.

A party may disclose confidential information when required by law, subpoena, or court order. When legally permitted, the receiving party will provide reasonable notice before making the disclosure.

15. Suspension and termination

You may stop using the Service at any time. Organization owners or administrators may request deletion of their organization through Settings or by contacting support.

VivaClean may suspend or terminate access if:

• You materially breach these Terms;
• Payment remains overdue;
• Your use creates a security, operational, or legal risk;
• Your activity may harm the Service or another person;
• We are required to do so by law; or
• We discontinue the Service.

When reasonable, we will provide notice and an opportunity to resolve the issue before suspension or termination.

After termination, your right to access and use the Service ends. We may retain information for a limited period to:

• Provide requested exports;
• Maintain backups;
• Resolve disputes;
• Enforce agreements;
• Prevent fraud or abuse; and
• Comply with legal obligations.

You are responsible for exporting any information you wish to retain before deleting your organization.

Sections that by their nature should survive termination—including payment obligations, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, and dispute provisions—will remain effective.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

VIVACLEAN DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

VIVACLEAN DOES NOT WARRANT THAT THE SERVICE WILL:

• Meet every business, accounting, employment, tax, or regulatory requirement;
• Be available at all times;
• Prevent every unauthorized access, cyberattack, or data loss;
• Produce error-free payroll, billing, tax, accounting, or operational results;
• Preserve every file or communication indefinitely; or
• Resolve disputes between organizations, workers, clients, guests, or service providers.

You remain responsible for reviewing all decisions, calculations, reports, invoices, payments, schedules, and records generated through the Service.

Some jurisdictions do not permit certain warranty exclusions, so parts of this section may not apply to you.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER VIVACLEAN NOR ITS OWNERS, MEMBERS, EMPLOYEES, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS EXCLUSION INCLUDES LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVACLEAN’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. The amount you paid to VivaClean during the 12 months immediately before the event giving rise to the claim; or
2. One hundred U.S. dollars (US$100).

These limitations apply regardless of the legal theory asserted and even if VivaClean was advised that damages were possible.

These limitations do not apply where liability cannot legally be limited, including liability for fraud, willful misconduct, or other matters excluded by applicable law.

18. Indemnification

To the extent permitted by law, you and the organization you represent agree to defend, indemnify, and hold harmless VIVACLEAN LLC and its owners, members, employees, affiliates, licensors, and service providers from claims, damages, losses, liabilities, penalties, and reasonable legal expenses arising from:

• Your Customer Content;
• Your use or misuse of the Service;
• Your violation of these Terms;
• Your violation of another person’s rights;
• Your employment or contractor relationships;
• Your cleaning or property-management operations;
• Disputes involving your workers, clients, guests, or property owners; or
• Your failure to provide required notices or obtain required authorizations and consents.

VivaClean will provide reasonable notice of an indemnified claim and may participate in its defense.

You may not settle a claim in a manner that admits fault by VivaClean, imposes obligations on VivaClean, or restricts VivaClean’s operations without our prior written consent.

19. Governing law and disputes

These Terms and any dispute arising out of or relating to the Service are governed by the laws of the State of Colorado, without regard to its conflict-of-law principles.

Any legal proceeding arising out of or relating to these Terms or the Service must be brought exclusively in:

• The state courts located in the City and County of Denver, Colorado; or
• The United States District Court for the District of Colorado.

Each party consents to the personal jurisdiction and venue of those courts.

Before filing a legal claim, the parties agree to make a good-faith effort to resolve the dispute informally.

A notice of dispute must describe the issue and requested resolution and must be sent to support@vivaclean.company.

If the dispute has not been resolved within 30 days after receipt of the notice, either party may initiate legal proceedings.

Nothing in this section prevents either party from seeking immediate injunctive or equitable relief when reasonably necessary to protect its systems, confidential information, intellectual property, or legal rights.

20. Changes to these Terms

We may update these Terms to reflect changes to the Service, our business, or applicable law.

If a change materially affects your rights or obligations, we will provide reasonable advance notice through the Service, by email, or through another appropriate method.

The updated Terms will identify the date of the most recent revision.

Your continued use of the Service after the updated Terms take effect constitutes acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription before the changes take effect.

21. General provisions

These Terms, together with our Privacy Policy, applicable order forms, and any additional terms presented when you purchase or enable a feature, constitute the complete agreement between you and VivaClean regarding the Service.

If an order form conflicts with these Terms, the order form controls only for the specific subscription or services it covers.

You may not assign or transfer these Terms without VivaClean’s prior written consent. VivaClean may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or part of its business or assets.

Our failure to enforce a provision is not a waiver of that provision or any other right.

If any provision is found invalid or unenforceable, it will be modified only to the minimum extent necessary, and the remaining provisions will remain effective.

The parties are independent contractors. These Terms do not create an employment, partnership, joint venture, franchise, fiduciary, or agency relationship.

VivaClean is not responsible for a delay or failure caused by circumstances beyond its reasonable control, including natural disasters, utility failures, internet outages, labor disputes, government actions, war, civil unrest, epidemics, or failures of third-party infrastructure.

Section headings are provided for convenience and do not affect interpretation.

22. Contact

Questions, complaints, subscription cancellation requests, and legal notices may be directed to: