Cleanavo Terms of Service for Hosts
For people who use the Cleanavo app to book cleanings. Cleaners are subject to a separate agreement, the Cleaner Terms and Independent Contractor Agreement.
Effective date: 23 September 2026
Last updated: 4 November 2026
1. Agreement
These Terms are an agreement between you and Finavo LLC, doing business as Cleanavo ("Cleanavo," "we," "us," "our"), a Texas limited liability company.
By creating a Cleanavo account, scheduling a cleaning, or otherwise using the Cleanavo app (on a phone, or in a web browser at cleanavoapp.com/app) or service (together, the "Service"), you agree to these Terms. If you do not agree, do not use the Service.
These Terms govern the app and the Service, wherever you use the app. cleanavoapp.com/app is the app in a browser, not part of our marketing website, and these Terms apply to it. The pages of our website that describe Cleanavo are for information only and are not an offer: nothing on them is a price quote or a commitment, and nothing on them modifies these Terms. The website and the Cleanavo name and logo are the property of Finavo LLC.
The following documents also form part of your agreement with us and are incorporated by reference: the Privacy Policy, the Cancellation & Refund Policy, the Community Guidelines and Acceptable Use Policy and the Account & Data Deletion Policy.
2. Eligibility
2.1 Age
You must be at least 18 years old and able to enter into a binding contract. You confirm this when you sign up. The app also checks with your app store: where the store holds an age category for the account on your phone and makes it available, the app reads it each time it opens, and if the store indicates that the account belongs to someone under 18, the app will not open. The app keeps nothing from the store's response, and we are never told what it was. Privacy Policy Section 9 describes what is read and how it is used. In a web browser there is no app store to ask, and your confirmation at sign-up is the only age check.
2.2 Authority to list a property
You must have the authority to allow a cleaner into each property you list, as its owner, tenant or authorized manager. If you do not have that authority, do not list the property.
2.3 Consumers and businesses
These Terms are the same for consumers and businesses. Whether you book a cleaning for your own home or in the course of a trade or business (for example, as a short-term rental operator), you receive the same agreement, the same prices and the same remedies. We do not ask you to classify yourself, and no provision of these Terms depends on how you would be classified.
The Texas Deceptive Trade Practices–Consumer Protection Act (the "DTPA") determines for itself whom it protects, and it protects you. Its definition of consumer includes individuals, partnerships and corporations, and excludes only a business consumer with assets of $25 million or more (Tex. Bus. & Com. Code §17.45(4)). A short-term rental operator booking a cleaning for a rental property is a consumer under the DTPA, however either party describes them.
Nothing in these Terms waives any right or remedy you have under the DTPA, or under any other consumer protection law, that cannot lawfully be waived. Under §17.42, such a waiver is void unless it is in writing and signed, the consumer is not in a significantly disparate bargaining position, and the consumer is represented by legal counsel in acquiring the service. Accepting terms in an app satisfies none of those conditions, so we do not ask you to waive any such right. Section 14.4 explains how this affects the limits on our liability, and Section 16.2 how it affects the resolution of disputes.
3. Our role
3.1 Cleanavo is the seller of the cleaning
You buy each cleaning from Cleanavo. Your agreement for every cleaning is with Cleanavo alone: we set the price, collect the payment and act as the merchant of record, and if something goes wrong with a cleaning, we are responsible for resolving it under Section 8. You do not contract with, pay or owe anything to a cleaner.
3.2 Cleanavo is also a marketplace for cleaning work
We provide the technology that allows you to describe a property, schedule a cleaning and pay for it, and that allows independent cleaners to find and accept that work. Cleanavo is a marketplace in the sense that cleaners find work through it. It is not a marketplace in the sense of a cleaner selling services to you, which does not occur.
3.3 Cleaners are independent contractors
Cleanavo does not usually perform cleanings itself. Each cleaning is performed by an independent contractor who is not our employee, agent, partner or joint venturer, in the same way that a general contractor engages a subcontractor while remaining responsible to the customer. We do not direct how a cleaner performs the work while in your home, we are not present, and we do not supervise the visit.
Occasionally a member of Cleanavo's own team does a cleaning, through a cleaner account like any other, and you see their name as you would any cleaner's. Cleanavo then performs that cleaning itself. The price, what you are charged and your rights under these Terms are the same as for any cleaning.
3.4 No guarantee that a cleaning will be claimed
We do not guarantee that any particular cleaning will be claimed. Jobs are offered to eligible cleaners and claimed on a first-come, first-served basis; there is no automatic assignment and no guaranteed response time. If no cleaner claims a job, the cleaning does not take place and you are not charged.
4. Your account
You are responsible for your account, your password and all activity under your account. Notify us promptly at info@cleanavoapp.com if you believe someone else has access to your account. We offer passkeys, which allow you to sign in with Face ID, a fingerprint or your screen lock, and we recommend that you use one. Keep the device and password manager that hold your passkey as secure as you would keep your password.
We may suspend or close an account that breaches these Terms or the Community Guidelines, that has an unpaid balance, or where we reasonably believe there is a risk to another person. While your account is suspended, or you are restricted from scheduling, your cleanings that no cleaner has taken are not offered to cleaners, and they are offered again when the restriction ends. A member of our staff may record a breach of these Terms against your account when a report about you is found to be well founded, and considers that record before deciding whether to restrict or close it (Community Guidelines Section 12).
4.1 Notifications
If you turn notifications on, we send them as described in Privacy Policy Section 4.4, never for marketing, and you can change your choice in the app's Settings and your phone's settings at any time. A notification can be late or may not arrive. The app shows the same information, and a notification you did not receive does not change a fee, a deadline or a right in these Terms.
5. Your property and required disclosures
You agree to the following:
- (a)Accurate information. The address, the room count and the entry instructions must be correct. Pricing depends on the room count, and an incorrect count results in an incorrect price and an unfair job. When you pick an address we suggest a room count from property records. It is only a suggestion: check it and change it if it is wrong. The count you save is yours.
- (b)Access. You are responsible for access to the property. Any door code, lockbox or entry instructions you provide must work. If a cleaner cannot gain entry, the visit may be treated as a cancellation and a fee may apply.
- (c)Valuables and sensitive items. A cleaner will be in your home, sometimes alone. Secure cash, jewelry, medication, firearms, confidential documents and irreplaceable items.
- (d)Hazards. Tell us about any hazards, including pets that bite, broken fixtures, damaged flooring, mold, pest infestations, hazardous chemicals and any area a cleaner should not enter.
- (e)Cameras. If you operate cameras or other recording devices in the property, you must disclose them in the cleaning instructions and comply with the law. Never record in a bathroom, a bedroom or any other area where a person would reasonably expect privacy. Under Tex. Penal Code §21.15, doing so is invasive visual recording, a state jail felony, and it applies in your own home.
- (f)Audio recording. Texas is a one-party consent state (Tex. Penal Code §16.02), which means that recording a conversation is lawful only if a party to it consents. A device recording audio in a room where you are not present has no consenting party, so if your device records sound, you must either disclose this in the cleaning instructions or disable audio recording.
- (g)Scope of work. Do not ask a cleaner to perform additional tasks. The job consists of the cleaning checklist. Repairs, childcare, pet care, moving heavy furniture and handling biohazards are outside the Service.
- (h)Google Maps. The Service includes Google Maps features and content, including Street View pictures of properties. Your use of them is subject to the current Google Maps End User Additional Terms of Service (https://maps.google.com/help/terms_maps/) and the Google Privacy Policy (https://policies.google.com/privacy). The picture we suggest may not show your property exactly, and you can replace it with your own photograph.
6. Scheduling
You can schedule a cleaning yourself on a day you choose, or connect a booking calendar (from any booking platform or calendar app that provides an iCal link) so that a cleaning is created for each guest checkout. You schedule each cleaning from a calendar yourself, or turn on automatic scheduling for a property so that its cleanings are scheduled for you as far ahead as you choose. A cleaning is offered to cleaners only once it is scheduled. A calendar is optional.
If you connect a calendar, you are responsible for the cleanings it creates. Cleanings created from your calendar feed are real bookings that incur charges and reserve a cleaner's time. If your feed changes, we will adjust where possible, but a cleaning that is close to its start time may still incur a cancellation fee. Removing a calendar or deleting a property is treated as every booking from that calendar, or at that property, being removed, and changing a calendar's link is treated the same way for every cleaning no cleaner has claimed, as Cancellation Policy Section 4 describes. We read only booking dates from your feed, never guest names or other guest details.
We may decline a cleaning booked too close to its start time, because there may not be enough time to authorize your card and for a cleaner to claim it.
7. Prices, payment and your card
7.1 Base price
The base price is $54 for a property of up to three rooms, counting bedrooms plus bathrooms, and $18 for each room beyond three. There is no minimum property size: a smaller property can be booked like any other and is priced at the three-room base, so a one-bedroom, one-bathroom home and a two-bedroom, one-bathroom home both have a base price of $54. A 10% service fee is added to the cleaning price. The service fee is Cleanavo's own charge to you; it is added to the amount paid to the cleaner and is never deducted from it, and the cleaner receives their full rate.
7.2 Cleaner rates and price range
Cleaners set their own rates, so each cleaning has a price range. Each cleaner sets a standing rate between the base price and 1.40 times the base price, and a cleaning is priced at the rate of the cleaner who accepts it. Until a cleaner accepts the job, you see a price range rather than a single price, and the price becomes final when a cleaner claims the job.
7.3 Your maximum price
You set the maximum you will pay. Each property has a maximum price, which you control on that property's page and which is initially set at 1.40 times the base price. Lowering it reduces the price of every cleaning at that property. A cleaner whose rate is higher than your maximum can still see and accept the job, at your maximum price. Jobs are not hidden from any cleaner and no cleaner is refused, but some cleaners may choose not to accept a job at a lower maximum, so a lower maximum may mean a job takes longer to be claimed.
7.4 Card holds and final price
The hold on your card is placed at the top of the price range and captured at the actual price once a cleaner has accepted the job, so you are never charged more than the price of the work. The price range is disclosed at both points at which you authorize a charge.
7.5 Sales tax
Residential cleaning is a taxable service in Texas. Sales tax of 8.25% is added to the cleaning price and the service fee. Sales tax is not charged on tips, and where you apply a referral or promotional credit (Section 7.10), sales tax is charged on the amount remaining after the credit. The rate is the rate that applies at Cleanavo's place of business in Cedar Park, Texas, which is how Texas sources this type of sale, so it is the same wherever your property is located. Sales tax is shown as a separate line in every price you are given, before you are charged.
7.6 Billing authorization
Before we save a card, you must accept a billing authorization that permits us to charge the card when you are not present, either when a cleaning is completed or when a cancellation fee becomes due. We record that authorization with its exact wording and version, and the record cannot later be edited.
7.7 How a charge works
Approximately 24 hours before a cleaning, we place a hold on your card for the amount due, less any credit you have applied (Section 7.10); no hold is placed for a cleaning that a credit covers in full. When the cleaning is completed, we capture the hold. If the cleaning does not take place, the hold is released. That is not a refund, because no payment was taken.
7.8 Failed charges
If a charge fails, the amount becomes a balance owed on your account, and we will attempt to charge your other saved cards. If the balance remains unpaid for 7 days, you cannot schedule new cleanings. After 30 days, we stop attempting to charge your cards, but the balance remains owed and your account remains restricted until the balance is paid. An unpaid balance remains associated with you. Closing your account and opening a new account with the same phone number or email address does not clear it.
7.9 Tips
Tips are optional, and the cleaner receives the full amount of every tip. You may add a tip to a cleaning, and Cleanavo does not take any part of it. No service fee or sales tax is charged on a tip, and a tip is never used to pay any part of the amount we owe the cleaner. You choose the amount; no amount is preselected, and you are never required to tip.
You may tip at either or both of the following times, and if you tip at both, the cleaner receives both tips:
- (a)Before the cleaning, while the job is unclaimed. Cleaners can see the tip when deciding which jobs to accept. The tip is charged together with the cleaning, and if the cleaning does not take place, the tip is not charged. You may change or remove the tip until a cleaner accepts the job; after that, you may increase it but may not reduce or remove it, because the cleaner accepted the job on the basis of the tip shown. Once we place the hold on your card, approximately 24 hours before the cleaning, the amount is fixed.
- (b)After the cleaning, for up to 14 days. The tip is charged to your card when you add it.
Each tip must be between $1 and $200. A tip is final once charged and is not affected by a quality claim under Section 8, because a quality claim concerns the price of the work, and a tip is not part of that price.
7.10 Referral credits and promotional codes
Your account has a referral code. When a person who has never had a Cleanavo account enters your code on the sign-up screen when creating their account, and then has their first cleaning completed and paid for, you and that person each receive a cleaning credit of up to $150 once that payment has stood for 7 days without a dispute. Referral credits are subject to the following terms:
- (a)Coverage. A credit applies to one cleaning. It is deducted from the cleaning price and the service fee, up to the amount of the credit, and sales tax is then charged on the remaining amount. Any unused portion of a credit applied to a lower-priced cleaning is not carried over. A credit cannot be applied to a tip, a cancellation fee, an outstanding balance or a re-clean.
- (b)Applying a credit. You choose which upcoming cleaning to apply a credit to, from that cleaning's payment section, at any time before the work starts. If that cleaning is canceled or does not take place, the credit is returned to you. If a quality claim on a credited cleaning is upheld with a refund, the credited portion is returned to you as a credit and the remainder is refunded to your card.
- (c)Limits. You may receive one credit for each person you refer, up to ten in a calendar year, and each person can be referred only once. A credit expires 12 months after it is issued, has no cash value, cannot be transferred and is not refunded if your account is closed. A cleaning paid for with a credit does not count as a first paid cleaning for anyone.
- (d)Entering a code. A referral code can be entered only once, on the sign-up screen, when the account is created. It cannot be added, changed or replaced later, and the sign-up screen will not accept an invalid code.
- (e)Sharing your code. Share your code personally with people you know, through your own messages. Do not post it publicly, send it to people who have not requested it, pay to advertise it or offer it in exchange for a review. If you recommend Cleanavo publicly, disclose that you may receive a credit.
- (f)Misuse. A credit obtained through a second account, a shared card or address, a cleaning that was not actually performed or any other misuse is void, and we may recover any amount that was used.
- (g)Changes. We may change the amount, conditions or limits of referral credits, or end the referral program, with notice under Section 18. A change does not affect a credit that has already been issued.
- (h)Cleaner payment. The cleaner is paid in full for a credited cleaning, by Cleanavo. A credit is a discount on Cleanavo's own price and does not affect the amount the cleaner receives.
- (i)Who may refer. Your code works for referring hosts once you have been a host for 7 days and had at least one cleaning completed and paid for. Until then the app says referrals are not available and the sign-up screen will not accept your code. The code works in the host app only: a code entered there must belong to a host who meets this paragraph, even if that person also cleans on Cleanavo. The first paid cleaning that qualifies a referral, and the one that lets you refer, must have been done by a cleaner other than you or the person you referred. A cleaning we are checking before paying its cleaner (Cleaner Terms Section 5.2) counts only once that check ends, and one we find was not performed never counts.
- (j)Restrictions. While your account, or the account of a person you referred, is restricted under the Community Guidelines, your code does not work and any referral in progress between you is paused: it does not qualify or pay until the restriction ends, and then continues where it stood. If your account is removed and the removal is final — upheld on appeal, or not appealed within the time the Community Guidelines allow — your share of any referral is cancelled and any credit you have not used is void; the other person's share is unaffected. If the removed account is the one you referred, that referral is cancelled.
- (k)Disputed payments and shared cards. If the payment for the cleaning that qualified a referral is disputed with a card issuer, at any time, the referral is cancelled and both credits are void if they have not been used. A referral between two accounts that have used the same card does not qualify.
- (l)Promotional codes. We may give out promotional codes, for example on printed cards. A promotional code gives a new host 50% off one cleaning or one free cleaning, up to the limit stated with the code, and is entered on the sign-up screen when the account is created, before the last day stated with it. It gives you a promotional credit, to which paragraphs (a), (b), (f) and (h) apply as they do to a referral credit. The credit is that share of the cleaning price and the service fee of the cleaning you apply it to, never more than its limit; for a cleaning whose price is not yet fixed, it is worked out on the most that cleaning can cost and then again on its final price. A promotional credit expires 90 days after the code is entered, has no cash value, cannot be transferred and is not refunded if your account is closed. Each code can be used once, and you may use one promotional code: a code is not accepted for an account, phone number or email address that has already used one, including on an account since closed (Deletion Policy Section 6.6), for a phone number or email address that a previous account's record is still kept under, or for an account that has already paid for a cleaning. A cleaning paid for with a promotional credit does not count as a first paid cleaning under this Section. We may cancel a code that has not been used, for example one that was lost or copied.
7.11 Payment processing
Cleanavo is the merchant of record. Payments are processed by Stripe. By using the Service, you also agree to Stripe's applicable terms. We never receive or store your card number.
7.12 Payments outside the Service
Do not pay a cleaner directly. Paying a cleaner outside the Service, or arranging work with a cleaner outside the Service, is a breach of these Terms. It removes the protections, records and payment guarantees that the Service provides, and it may result in the closure of your account.
8. Cancellations, no-shows and refunds
8.1 Cancellation fees
Cancellations are governed by the Cancellation & Refund Policy, which forms part of these Terms. In summary:
| When you cancel | Fee |
|---|---|
| A cleaner has claimed the job, and it starts within 24 hours | $25 |
| A cleaner has claimed the job, and it starts more than 24 hours from now | Free |
| No cleaner has claimed the job, and it starts within 24 hours | $5 |
| No cleaner has claimed the job, and it starts more than 24 hours from now | Free |
Canceling more than 24 hours before the start is free, whether or not a cleaner has claimed the job. The $25 fee applies because a cleaner who has claimed a job has declined other work for that time, and within 24 hours of the start it is too late for them to replace it. That fee is paid to the cleaner as compensation for the short notice; it is not a penalty retained by Cleanavo.
8.2 Replacement cleaners
A cleaner who cannot perform a job they claimed may send another Cleanavo cleaner in their place. We will notify you when this happens and tell you who is coming, and for 12 hours after we notify you (or until the cleaning starts, if sooner), you may cancel without charge, regardless of the fees in Section 8.1. The notice is shown in the app. If you have turned notifications on and your level includes it, your phone is notified as well, but the 12 hours run from the notice in the app whether or not a notification reached your phone.
The replacement cleaner holds a Cleanavo cleaner account and is subject to the same checks as every other cleaner, which are the checks described in Section 9. The price does not change.
We do not ask for your approval of the replacement, and you cannot veto it. Cleaners are independent contractors, and the choice of replacement is theirs; you are entitled to notice and to cancel without charge during the period described above. If no replacement accepts the job, the original cleaner remains assigned and all other provisions apply as usual.
8.3 No-shows and incomplete cleanings
If a cleaner does not arrive or does not complete the work, you are not charged for that cleaning, and we will investigate. Contact us at info@cleanavoapp.com.
8.4 Quality claims
If the work was completed but not to an acceptable standard, you have 24 hours from completion to raise a quality claim in the app. A person reviews the claim against the checklist, the timestamps and the before and after photographs. The usual remedy is a re-clean at no additional charge, paid for from the original cleaning's payment; where a re-clean is not practical, the remedy is a proportionate partial refund. Cancellation & Refund Policy Section 9 sets out the full process.
8.5 Relationship to your legal rights
The 24-hour period is the deadline for this remedy only: the in-app claim and the re-clean or partial refund that may result from it. It does not limit any right you have under the law. Texas law sets those periods: two years for a claim under the DTPA (§17.565) and four years for breach of contract (Tex. Civ. Prac. & Rem. Code §16.051). A contract cannot shorten those periods to 24 hours. §16.070(a) makes void any contract term that limits the time to bring a lawsuit to less than two years, and its only exception (§16.070(b)) applies to business transactions of $500,000 or more, which a house cleaning is not. Nothing in these Terms waives your rights under the DTPA; §17.42 makes such a waiver void, as Section 2.3 explains.
If you miss the 24-hour deadline, you lose only the in-app remedy. You may still email info@cleanavoapp.com and we will review your message, but we are not obligated to provide a re-clean or refund.
9. No background checks on cleaners
Please read this section before you allow anyone into your home.
Cleanavo does not conduct criminal background checks, driving records checks, or reference checks on cleaners. We verify each cleaner's phone number, a person reviews each application, and each cleaner must pass an identity check with Stripe, a government identity document matched to a selfie, before they can see or take work. That check confirms who a cleaner is. It says nothing about their criminal history, and we do not represent that any cleaner has been screened, vetted, bonded or insured.
You are responsible for deciding whom you allow into your home and what you leave accessible while they are there. You may wish to be present for a first visit, to secure your valuables and to consider the ratings other hosts have given.
We track cleaners' reliability (completion rate, punctuality, and recorded breaches of the cleaner's service agreement for failing to arrive or abandoning work), and we may end our agreement with a cleaner who repeatedly breaches it. That is a measure of contractual performance. It is not a safety screening and should not be relied on as one.
10. Property damage, loss and theft
10.1 No insurance or indemnity
Cleanavo does not insure your property and does not indemnify you for loss. We have no insurance policy covering damage or theft in your home, and we do not guarantee any cleaner's conduct.
10.2 Reporting damage or loss
If something is damaged or missing, notify us within 30 days of the visit, either in the app, by opening the cleaning, tapping the flag at the top and selecting Report an issue, or by email to info@cleanavoapp.com. We will provide the relevant records (timestamps, before and after photographs, and the cleaner's identity to the extent we are legally permitted to disclose it) so that you can pursue the matter, and we will take it into account in our own enforcement. A claim for damage, loss or theft caused by a cleaner is a matter between you and that cleaner. Serious matters should be reported to law enforcement and to your own insurer.
10.3 Claims against Cleanavo
A claim that Cleanavo itself caused the damage or loss is a separate claim, and it is against us. Examples include our disclosing or misusing the access details you provided, our continuing to offer work to a cleaner after receiving a report about them, or our sending someone other than the cleaner you were shown. Please say so when you report the matter. Section 14.3 sets out the limit that applies to such a claim, which is not $500. This is not insurance or a promise to pay; it reflects the ordinary rule that we are responsible for our own negligence, which the rest of this Section 10 does not change.
10.4 Your own insurance
Cleanavo does not carry marketplace liability insurance or operate a damage protection program, and you should not book a cleaning on the assumption that we are financially responsible for a cleaner's conduct. We are not. Before you book, we recommend that you check whether your homeowner's or renter's insurance covers loss or damage caused by a person you engage to work in your home.
11. Ratings, chat and your content
You can chat with the cleaner assigned to a cleaning from 24 hours before the visit until approximately one day after it, and you can rate the cleaner for up to 14 days after the visit, the same period in which you can leave a tip (Section 7.9). A rating consists of stars in up to three categories, with nothing written.
Everything you write is subject to the Community Guidelines and Acceptable Use Policy. In summary, be courteous and truthful, and do not post anything unlawful, harassing, discriminatory or private about another person.
You retain ownership of what you write and the photographs you upload. A Street View picture is Google's, not yours or ours. You grant Cleanavo a non-exclusive, worldwide, royalty-free license to host, store, display and use that content for the purpose of operating and improving the Service, including showing a cleaner the job, showing you the completed work, resolving disputes and enforcing our rules. We will not use your content for advertising or marketing without your permission.
A job's chat thread is deleted 90 days after the job ends, and if you close your account before then, the text of the messages you sent is deleted immediately. The cleaner will see that a message was sent, but not its content. Messages the cleaner sent you were written by the cleaner and remain until the thread expires. The only exception is a cleaning with an open report or card dispute, where deleting the messages would destroy evidence: in that case, the messages are deleted when the matter closes and in any event within 180 days. A rating you give is kept for 24 months and counts toward the cleaner's published rating during that period. Other users see only the average, never your individual rating; your name is removed from the rating if you close your account, and the rating is deleted after 24 months whether or not you still have an account. Do not include anything in a message that you would not want kept for that period. The retention period for each category of information is set out in Privacy Policy Section 8.
Messages and cleaning instructions are screened before they are posted, and you can report or block another user. See the Community Guidelines.
12. Prohibited conduct
You must not:
- (a)break the law, or use the Service to arrange anything unlawful;
- (b)discriminate against a cleaner on the basis of race, color, religion, national origin, sex, gender identity, sexual orientation, disability, age or any other protected characteristic, which is a condition of using Cleanavo that we enforce;
- (c)harass, threaten, intimidate or abuse a cleaner, before, during or after a visit;
- (d)misrepresent your property, the work required or your identity;
- (e)use the Service to recruit cleaners to work outside the Service, or to avoid our fees;
- (f)record a cleaner in any place where they would reasonably expect privacy;
- (g)attempt to gain unauthorized access to our systems, scrape the Service, probe it for vulnerabilities or interfere with its operation; or
- (h)create a new account to evade a suspension or an unpaid balance, or create or use more than one account to obtain a referral credit or more than one promotional credit.
13. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, CLEANAVO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY CLEANING WILL BE CLAIMED, THAT ANY CLEANER WILL ARRIVE, OR THAT ANY CLEANING WILL MEET YOUR EXPECTATIONS.
WE MAKE NO REPRESENTATION ABOUT THE BACKGROUND, CHARACTER, HONESTY, SKILL OR SUITABILITY OF ANY CLEANER. SEE SECTION 9.
Some states do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in this section disclaims liability for gross negligence, willful misconduct, fraud, personal injury or anything else that cannot lawfully be disclaimed.
14. Limitation of liability
This section should be read together with Sections 10 and 15, which together allocate risk between you and Cleanavo.
14.1 No indirect or consequential damages
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FINAVO LLC NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, IN TORT (INCLUDING OUR OWN NEGLIGENCE), IN STRICT LIABILITY OR UNDER ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 General limit
EXCEPT AS PROVIDED IN SECTIONS 14.3 AND 14.4, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IN ANY 12-MONTH PERIOD, INCLUDING CLAIMS BASED ON OUR OWN NEGLIGENCE, WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU PAID CLEANAVO IN THAT PERIOD, OR (b) $500.
14.3 Damage, loss or theft at your home caused by Cleanavo
Section 14.2 does not apply to physical damage to, or loss or theft of, property at your home where the cause is our own negligence rather than the cleaner's conduct. This includes, without limitation: disclosing or misusing the access details you gave us; continuing to offer work to a cleaner after we have received a report about them; and sending someone other than the cleaner you were shown. FOR THOSE CLAIMS, OUR TOTAL AGGREGATE LIABILITY IN ANY 12-MONTH PERIOD WILL NOT EXCEED $25,000.
This is not insurance or a damage protection program. Section 10 continues to apply in full: we carry no insurance, we do not indemnify you, and damage or theft by a cleaner remains a matter between you and that cleaner. This Section 14.3 concerns only Cleanavo's own conduct, which you must prove in the same way as any other claim.
14.4 Exclusions from the limits
Nothing in this Section 14 limits our liability for: gross negligence, willful misconduct or fraud; personal injury or death caused by our negligence; rights and remedies under the DTPA that cannot lawfully be waived, including a prevailing consumer's court costs and attorney's fees; or any other liability that cannot lawfully be limited. Some states do not allow these limitations; in those states, our liability is limited to the minimum extent permitted by law.
14.5 Severability of this section
If any part of this Section 14 is held unenforceable, the remainder of Section 14 remains in effect. In particular, a finding that Section 14.2 cannot be applied to a claim does not affect Section 14.1 or Section 14.3.
15. Indemnification
THIS SECTION APPLIES ONLY TO CLAIMS BROUGHT BY THIRD PARTIES. IT DOES NOT APPLY TO CLAIMS YOU BRING AGAINST US, AND IT DOES NOT COVER OUR OWN NEGLIGENCE.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FINAVO LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS FROM THIRD-PARTY CLAIMS, DAMAGES, LOSSES, LIABILITIES AND REASONABLE LEGAL FEES TO THE EXTENT THEY ARISE OUT OF: YOUR BREACH OF THESE TERMS; YOUR VIOLATION OF ANY LAW OR OF ANY PERSON'S RIGHTS; A MISREPRESENTATION BY YOU ABOUT YOURSELF, YOUR PROPERTY OR THE WORK REQUIRED; OR AN UNSAFE OR UNDISCLOSED CONDITION AT YOUR PROPERTY OF WHICH YOU KNEW OR SHOULD HAVE KNOWN.
THIS SECTION DOES NOT APPLY to any claim to the extent it arises from our own negligence, gross negligence or willful misconduct; it does not apply to any claim you bring against us; and it does not limit Section 14.3 or Section 14.4. We will notify you promptly of any claim for which we seek indemnification, and you may assume its defense with counsel of your choice.
16. Dispute resolution: arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF THIS SECTION AS DESCRIBED IN SECTION 16.6.
16.1 Informal resolution
Before starting an arbitration, you must email info@cleanavoapp.com describing the dispute and the relief you are seeking, and we will do the same before bringing a claim against you. Each party must allow the other 30 days to try to resolve the dispute.
16.2 Binding arbitration
If the dispute is not resolved, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (the "AAA"), rather than in court.
The AAA determines which of its rules apply, in accordance with its own rules and based on the nature of the dispute and the party bringing it, and not on anything stated in these Terms. For an individual host who is not incorporated, those are the Consumer Arbitration Rules and the consumer fee schedule, whether the cleaning was for your own home or for a property you rent out. Where the AAA determines that a dispute is not a consumer dispute, its Commercial Arbitration Rules apply instead.
In either case, Cleanavo will pay the AAA's filing, administrative and arbitrator fees for any claim you bring for $25,000 or less, except for an amount equal to the filing fee you would have paid to bring the same claim in a Lubbock County court, which you will pay. This includes any fee the AAA charges us for reviewing or registering this arbitration provision, whenever it is charged: the cost of bringing your claim before an arbitrator is ours, not yours, and will not be a reason for delay. For claims above $25,000, each party will pay the fees allocated to it by the applicable AAA fee schedule. We will not seek to recover our legal fees from you unless the arbitrator finds that your claim was frivolous or brought for an improper purpose.
The arbitrator will decide all issues except those described in Sections 16.3 and 16.4. Judgment on the award may be entered in any court of competent jurisdiction. The seat of arbitration is Lubbock County, Texas, although you may participate by telephone or video. Under the Consumer Arbitration Rules, a dispute in which no claim exceeds $25,000 is decided on written submissions only unless the parties agree or the arbitrator directs otherwise, so most disputes require no travel and no hearing.
16.3 Small claims court
Either party may instead bring an individual claim in small claims court if the claim qualifies. Doing so does not waive this Section 16 with respect to any other claim.
16.4 Injunctive relief for intellectual property
Either party may seek injunctive relief in court to protect intellectual property rights or to prevent unauthorized access to the Service.
16.5 Class action waiver
YOU AND CLEANAVO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
16.6 Right to opt out
You may opt out of this Section 16 by emailing info@cleanavoapp.com with the subject line "Arbitration Opt-Out", stating your name and the phone number on your account, within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms, and we will not treat you differently because you have opted out.
16.7 Unenforceability of the class action waiver
If Section 16.5 is found to be unenforceable with respect to any claim, this entire Section 16 will be void with respect to that claim, and the claim will be decided by the courts identified in Section 17. Section 16.5 is not severable from the rest of this Section 16 and may not be narrowed or modified.
16.8 Survival
This Section 16 survives the termination of these Terms and the closure of your account.
17. Governing law and venue
These Terms are governed by the laws of the State of Texas and applicable federal law, without regard to conflict of laws principles. For any dispute not subject to arbitration, including where you have opted out under Section 16.6, the exclusive venue is the state and federal courts located in Lubbock County, Texas, and you consent to the personal jurisdiction of those courts. If you are a consumer, this does not deprive you of the protection of any mandatory law of the state in which you live.
18. Changes to these Terms
We may update these Terms. The current version, with its effective date, is always available in the app and at cleanavoapp.com/terms. For material changes, we will notify you in the app or by email before the changes take effect, and by continuing to use the Service after that date, you accept the changes. If you do not accept a change, you must close your account. A change to Section 16 does not apply to any dispute of which we were already aware.
19. Termination
You may stop using the Service and delete your account at any time. See the Account & Data Deletion Policy. Deleting your account cancels your scheduled cleanings, and the cancellation fees in Section 8.1 apply to any cleanings close enough to their start time, charged to your card. You are shown exactly which cleanings will be canceled and the fees before you confirm.
We may suspend or terminate your access for breach of these Terms, for an unpaid balance or where we reasonably believe there is a risk to another person. Sections 10, 11 (license), 13, 14, 15, 16, 17 and 20 survive termination.
20. General
These Terms, together with the documents listed in Section 1, are the entire agreement between you and Cleanavo regarding the Service. If any provision is found to be unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions will remain in effect, except as provided in Section 16.7. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and Cleanavo, or between you and any cleaner.
21. Contact us
Finavo LLC (dba Cleanavo), info@cleanavoapp.com, 2405 Falmer Court, Cedar Park, TX 78613-1582