Terms of Use

TERMS OF USE / USER AGREEMENT

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THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY, CANCELATION POLICY ARE AVAILABLE AT WWW.CleanAura.ca/PRIVACY AND WWW.CleanAura.ca/PRIVACY (“PRIVACY POLICY”) AND THE RULES, POLICIES, TERMS AND CONDITIONS SET FORTH IN, REFERRED TO AND/OR LINKED HEREIN, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE, ARE, COLLECTIVELY, THE“AGREEMENT”. THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “USER”) AND CleanAura INC. D/B/A CleanAura (“CleanAura.ca” OR “US”). CleanAura® AND “Clear Solutions, Clean Results®” ARE TRADEMARK OF CleanAura QC INC.

THIS AGREEMENT GOVERNS YOUR USE OF OUR SERVICES AND PLATFORM THAT FACILITATES COMMUNICATIONS BETWEEN USERS OFFERED THROUGH OUR WEBSITE LOCATED AT WWW.CleanAura.ca, AS IT MAY BE MODIFIED, RELOCATED AND/OR REDIRECTED FROM TIME TO TIME (THE “SITE”), AND THE MOBILE APPLICATIONS OFFERED BY US (THE “APPS”). OUR SERVICES, PLATFORM, SITE AND APPS ARE COLLECTIVELY REFERRED TO AS THE “CleanAura PLATFORM”. PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY.

BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF CleanAura INC. OR ITS AFFILIATES OR AGENTS (“CleanAura”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND APPLICATION (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY CleanAura OR USERS OF THE SITE (“USERS”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, OR DOWNLOADING CleanAura’s MOBILE APPLICATION (THE “APPLICATION”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CleanAura QC INC, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF WHO YOU HAVE NAMED AS THE USER, AND TO BIND THAT CleanAura QC INC TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE APPLICATION, OR THE SERVICES. PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY CleanAura QC INC IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, CleanAura QC INC will make a new copy of the Terms of Use available at the Website and within the Application, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined in Section 4.1 below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Website, the Application, and the Services (collectively, the “CleanAura Platform”) and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 4.1 below). CleanAura may require you to provide consent to the updated Terms in a specified manner before further use of CleanAura Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using CleanAura Platform. Otherwise, your continued use of any of the CleanAura Platform constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

Section A

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1. You acknowledge that Cleanaura QC Inc does not supervise, direct, control, or monitor the Professional in the performance of any contractual obligations. It is the Professional who is responsible for the provision of the Services to you.

2. Cleanaura QC Inc shall have no liability to you whatsoever in respect of the provision of the Services and/or your dealings with any of the Professionals who are listed on the Website. This means that any error or delay in the performance of the Services, any breach of obligations, and any fraudulent misrepresentation made by a Professional directly on the Website, is the full and complete responsibility of each Professional.

3. You further acknowledge and agree that you are solely responsible for evaluating and determining the suitability of any Professional, for assessing whether to enter into a Customer Contract and, for verifying any information concerning the Professional.

4. Cleanaura QC Inc shall have no liability

   1. death, damage or loss of property or personal injury resulting from our negligence.

   2. our own fraud or fraudulent misrepresentation; or​

   3. any other matter for which we are permitted by law to exclude or limit our liability.

5. 6.5.We accept no liability for the information contained on any third-party websites linked to on our Website and we won't be liable for any loss or damage that may arise from your use of them.If you are an individual consumer

6. 6.6.Please note that we only provide Facilitation Services to consumers for domestic and private use. You agree not to use the Facilitation Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7. To the maximum extent permitted by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to this website or any content on it, whether express or implied.

8. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Facilitation Services. In particular, we will not be liable for:​

   1. loss of profits, sales, business, or revenue;

   2. business interruption;

   3. ​loss of anticipated savings;

   4. ​loss of business opportunity, goodwill or reputation; or

   5. ​any indirect or consequential loss or damage.

9. In recognition of the fact that Cleanaura QC Inc on occasion is not party to any contract between Customers and Professionals, you hereby release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with a Professional that exist as of the time you enter into this Agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Services provided and requests for refunds based upon disputes. This release will not apply to a claim that Cleanaura QC Inc shall have no liability failed to meet our obligations under the Terms of Use.

10. 6.10.The Customer shall defend, indemnify and hold harmless Cleanaura QC Inc shall have no liability, and its espective directors, officers, employees, and representatives against claims, actions, proceedings, losses (including all direct, indirect and consequential losses), damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer’s use of the Facilitation Services.

11. Use of the Services and CleanAura Platform. CleanAura Platform and the information and content available on CleanAura Platform are protected by copyright laws throughout the world. Subject to the Terms, CleanAura grants you a limited license to reproduce portions of CleanAura Platform for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by CleanAura in a separate license, your right to use any CleanAura Platform is subject to the Terms.

12. Employment and Withholding. Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of Cleanaura QC In. We will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, Canada Pension Plan or payroll withholding tax in connection with your use of Professional Services. You understand and agree that if we are found to be liable for any tax or withholding tax in connection with your use of Professional Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon.

13. Application License. Subject to your compliance with the Terms, Cleanaura QC Inc grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

14. Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit CleanAura Platform or any portion of CleanAura Platform, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other CleanAura Platform (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using CleanAura’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of CleanAura Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access CleanAura Platform in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of CleanAura Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in CleanAura Platform. Any future release, update or other addition to CleanAura Platform shall be subject to the Terms. CleanAura, affiliates and third party providers reserve all rights not granted in the Terms. Any unauthorized use of CleanAura Platform terminates the licenses granted by CleanAura pursuant to its Terms.

15. Registration. Registering Your Account. In order to access certain features of CleanAura Platform you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website or through the Application (“Account”).

16. Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18+) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using CleanAura Platform under the laws of the United States or Canada, your place of residence or any other applicable jurisdiction. As a User, you are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of CleanAura Platform by minors. You may not share your Account or password with anyone, and you agree to (1) notify CleanAura immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or CleanAura has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CleanAura has the right to suspend or terminate your Account and refuse any and all current or future use of CleanAura Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use CleanAura Platform if you have been previously removed by CleanAura, or if you have been previously banned from any of CleanAura Platform. In addition, if you are registering to become a certified agent in your field of practice, you represent that your certificate or registration number (or other applicable government or administrative licensing organization or professional association) (“License”) is valid and in force; you agree to provide a clear headshot of your likeness for your profile; and you represent to CleanAura that your License/Certificate or Registration will remain in force for so long as you make yourself available to provide Professional Services hereunder.

17. Requester Terms. The following terms apply to Users who are Requesters: You acknowledge and agree that CleanAura does not and cannot guarantee that Professionals will be available to fulfill your Booking Requests. The fee that CleanAura will charge for a Booking Request will be listed on the page where Requester submits its Booking Request. CleanAura, at its sole discretion, may make promotional offers with different features and different rates to any Requester. These promotional offers, unless made to you, shall have no bearing whatsoever on the amount you owe to CleanAura. If your Booking Request is for Professional Services on a recurring basis (i.e., weekly or monthly) (a “Recurring Mission”), CleanAura will charge you at the end of each week period for Professional Services within such week period. If your Booking Request is for Professional Services at a single event (a “Single Mission”), CleanAura will charge you upon completion of the Single Mission. CleanAura will preauthorize and charge your credit card for the hours worked by the Professionals hired by you, and you hereby authorize CleanAura to charge your credit card for such amounts. Payments made to CleanAura are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to the CleanAura Platform either planned, accidental, or intentional, or any other reason whatsoever. CleanAura has no obligation to provide refunds or credits, but may grant them in extenuating circumstances in CleanAura’s sole discretion, such as to correct any errors made by CleanAura. Requester will be liable for all transaction taxes on the Professional Services provided by Professionals (other than taxes based on CleanAura’s income).

18. Professionals Terms. The following terms apply to Users who are Professionals: Once a Requester submits a Booking request, CleanAura selects the Professionals who will receive notice of and be invited to provide the requested Professional Services. If you are selected by the CleanAura to provide Professional Services for a Requester who has requested such services, CleanAura will notify you by email or text message of the Mission, providing you with the date, hours and location of the Mission (the “CleanAura Notice”). You agree that you shall notify CleanAura within 30 minutes of receipt of the CleanAura Notice if you are unable to provide the requested Professional Services, and that your failure to respond to the CleanAura Notice within such time period shall constitute your acceptance of the Mission. After you have indicated your availability to provide Professional Services for a Mission, CleanAura will notify you whether the Requester has engaged you to provide the Professional Services. You acknowledge and agree that CleanAura does not and cannot guarantee that you will be selected to provide any Professional Services or that any Requester will engage you to perform Professional Services for which you have indicated you are available. You represent that you are duly licensed (as applicable) and have the experience, qualifications and ability to provide Professional Services. You further represent that you shall use your best efforts to perform the Professional Services for any Missions for which you are selected and which you have accepted, such that the results are satisfactory to the Requesters who requested such Missions. You hereby represent and affirm that you have not been convicted of a crime, which does not include the following: (i) minor traffic infractions; (ii) misdemeanor convictions more than two years ago for the possession, transportation or furnishing of marijuana, or for the possession of instruments or paraphernalia related to the use of marijuana or similar controlled substances, or presence where such substances were used; or (iii) convictions which have been expunged or sealed by the court. For each Mission that you perform, CleanAura will pay you the fees specified on your Dashboard page. The payment shall be made within 30 days after the month in which CleanAura received Requester’s payment for your Professional Services. CleanAura has no obligation to pay you for any Professional Services for which CleanAura does not receive payment from the relevant Requester. You acknowledge and agree to comply with the terms and conditions of the CleanAura’s Professional Services Agreement. You acknowledge and agree that CleanAura provides the Website and Application for the purposes of connecting Professionals with prospective Requesters and that there is no (i) employment, (ii) part-time employment, (iii) consulting, (iv) contractor, or (v) joint-venture relationship whatsoever between CleanAura and you.

19. Text messaging. By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from CleanAura at any time by contacting us. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. Third Party Payment Services Provider. CleanAura uses TD Bank as a third party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using CleanAura Platform, you agree to be bound by TDn Bank's Terms of Service: https://www.td.com/ca/en/about-td/customer-care/legal-notices-and-disclaimers and their Privacy Policy. You hereby consent to provide and authorize CleanAura and TD Bank to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.

20. No Circumvention. The value of CleanAura rests in its thriving marketplace of Requesters and Professionals. It is a violation of the Terms to (a) intentionally avoid the payment of fees by arranging Missions with Professionals outside of the context of the CleanAura Platform, or (b) for a Talent to knowingly accept a Mission with the intention of delegating the performance of the Professional Services to another security Talent.

21. Payment. Each User understands and agrees that: The transmission of funds in the manner described herein is not a separate and discrete service that CleanAura provides in addition to the Services. CleanAura acts as agent of each User and not as a trustee or fiduciary with respect to payments received through CleanAura. CleanAura will not voluntarily make your funds available to its creditors in the event of bankruptcy. You agree that CleanAura has sole discretion over the establishment and maintenance of any Pooled Account. You agree that you will not receive interest or other earnings on the funds that CleanAura handles as your agent and places in a Pooled Account. In consideration for your use of CleanAura Platform, you irrevocably transfer and assign to CleanAura any ownership right that you may have in any interest that may accrue on funds held in a Pooled Account. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants CleanAura any ownership right to the principal of the funds you maintain with CleanAura. In addition to or instead of earning interest on Pooled Accounts, CleanAura may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds. You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, CleanAura will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by CleanAura. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. CleanAura will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by CleanAura using the preferred payment method designated in your Account, after which CleanAura will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that CleanAura may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and CleanAura, CleanAura reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in CleanAura’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. CleanAura will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. CleanAura may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, CleanAura does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by CleanAura (on CleanAura’s website, in the Application, or in CleanAura’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that CleanAura provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

22. Term of Cancellation of Professional Services; Survival.a. Term.This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.b. Termination by CleanAura.To the extent permitted by applicable law, we may terminate this Agreement or terminate or suspend your right to use the CleanAura Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the CleanAura Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, “Prohibited Conduct”)) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the CleanAura Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or email address, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, CleanAura may delete the account and all the information in it. You have no ownership rights to your account.c. Termination by You.You may terminate this Agreement by completely and permanently ceasing to use the CleanAura Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the CleanAura Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by CleanAura.

    1. Cleaning Plan with a 3 month Minimum Commitment.If You have selected a cleaning plan with a minimum commitment, You will be subject to and charged a $250 cancellation fee should You elect to terminate the cleaning plan prior to the expiration of the minimum commitment period.
       (i) Minimum Commitment Plan Term: Your minimum commitment plan term commences on the date of Your first Booking until the 90th day included.
       (ii) Minimum Commitment Plan Cancellation Fee:  If You have selected a cleaning plan with a 3 months minimum commitment, You will be subject to and charged a cancellation fee up to $250 in the US and CAN, and GBP200 in the UK should You elect to terminate the cleaning plan prior to the expiration of Your minimum commitment period.

    2. Policy for Service Cancellation by Requester.CleanAura’s cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the CleanAura Platform at any time, subject to the following. If a Requester cancels more than 48 hours before a scheduled Professional Service appointment, there is no cancellation fee. If a Requester cancels between in less than 48 hours before a scheduled Professional Service appointment, the Requester will be charged a $25 cancellation fee. If the Requester cancels on the same day of the scheduled Professional Service appointment, the Requester will be charged 4 hours of the Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the CleanAura Platform.

    3. Policy for Service Cancellation by Professional.When a Professional cancels a scheduled Professional Service appointment, the CleanAura Platform generally notifies the Requester and makes the Requester’s Professional Service request available for another Professional to select. However, CleanAura cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
       g. Survival.All provisions that should by their nature survive the expiration or termination of this Agreement.

23. In the event that you have a dispute with one or more Users, subcontractors or employees, you hereby release CleanAura, its affiliates, and third party providers (and our officers, directors, agents, investors, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. CleanAura reserves the right, but has no obligation, to intercede in any disputes between Users.

24. Responsibility for Content. – Types of Content. You acknowledge that all information, data, text, images and/or other materials accessible through the CleanAura Platform (“Content”) is the sole responsibility of the party from whom such Content originated. This means that you, and not CleanAura, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through CleanAura Platform (“Your Content”), and other Users of CleanAura Platform, and not CleanAura, are similarly responsible for all Content they Make Available through CleanAura Platform (“User Content”). You agree that you will not make available any Content that contains nudity, violence, sexually explicit, or offensive subject matter. No Obligation to Pre-Screen Content. You acknowledge that CleanAura has no obligation to pre-screen Content (including, but not limited to, Your Content and other User Content), although CleanAura reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that CleanAura pre-screens, refuses or removes any Content, you acknowledge that CleanAura will do so for CleanAura’s benefit, not yours. Without limiting the foregoing, CleanAura shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

25. Ownership. CleanAura Platform. Except with respect to Your Content and other User Content, you agree that CleanAura and its suppliers own all rights, title and interest in CleanAura Platform. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or CleanAuraing CleanAura Platform.

26. Trademarks. CleanAura’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with CleanAura Platform are the trademarks of CleanAura and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in CleanAura Platform are the property of their respective owners.

27. Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in CleanAura Platform.

28. Your Content. CleanAura does not claim ownership of Your Content. However, when you as a User make available Your Content on or in CleanAura Platform, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

29. License to Your Content. Subject to any applicable account settings that you select, you grant CleanAura a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing CleanAura Platform to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not CleanAura, are responsible for all of Your Content that you Make Available on or in CleanAura Platform.

30. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of CleanAura.

31. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to CleanAura (“Feedback”) is at your own risk and that CleanAura has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to CleanAura a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of CleanAura Platform.

32. Reviews. The Services may in the future host Requester reviews or ratings of Professionals, which are user generated content. Such reviews or ratings are Requester opinions, are not the opinion of CleanAura, and have not been verified by CleanAura. You agree that CleanAura is not liable for any reviews or ratings.

33. No Solicitation. The Services may not be used to solicit for any other business, website or services. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Services facilitated through CleanAura Platform. You may not use the Services to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of CleanAura.

34. Investigations. For Professionals who register to provide Professional Services with CleanAura, CleanAura will, at the time such User registers with CleanAura, confirm that organization which provide certification/registration or permit or licence the Talent registration number provided by such User is valid and in force. CleanAura does not conduct any other background checks or investigations of its Users. CleanAura may, but is not obligated to, monitor or review CleanAura Platform and Content at any time. Without limiting the foregoing, CleanAura shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although CleanAura does not generally monitor User activity occurring in connection with CleanAura Platform or Content, if CleanAura becomes aware of any possible violations by you of any provision of the Terms, CleanAura reserves the right to investigate such violations, and CleanAura may, at its sole discretion, immediately terminate your right to use CleanAura Platform, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

35. App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that the Terms are between you and CleanAura and not with the App Store. CleanAura, not the App Store, is solely responsible for CleanAura Platform, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with CleanAura Platform, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using CleanAura Platform, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

36. Indemnification. You agree to indemnify and hold CleanAura, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “CleanAura Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Content; (b) your use of, or inability to use, CleanAura Platform or Professional Services; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; (e) your violation of any applicable laws, rules or regulations; or (f) if you are a Talent, your performance of Professional Services. CleanAura reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CleanAura in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to CleanAura Platform.À

37. Disclaimer of Warranties. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CleanAura PLATFORM IS AT YOUR SOLE RISK, AND CleanAura PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. CleanAura PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CleanAura PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) CleanAura PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF CleanAura PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE QUALITY OF THE PROFESSIONAL SERVICES OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. CleanAura MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

38. No Liability for Conduct of Other Users. YOU ACKNOWLEDGE AND AGREE THAT THE CleanAura PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE CleanAura PARTIES LIABLE, FOR THE CONDUCT OF OTHER USERS, AND THAT THE RISK OF ANY INJURY RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF CleanAura PLATFORM. YOU UNDERSTAND THAT CleanAura DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF CleanAura PLATFORM EXCEPT AS SET FORTH IN SECTION 12.1. CleanAura MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF CleanAura PLATFORM, INCLUDING BUT NOT LIMITED TO THE PERFORMANCE OF PROFESSIONAL SERVICES BY PROFESSIONALS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF CleanAura PLATFORM.

39. Limitation of Liability – Disclaimer of Certain Damages. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CleanAura DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CleanAura MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CleanAura DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CleanAura PARTIES BE LIABLE FOR ANY LOSS OF USE, DATA, OR PROFITS, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH CleanAura PLATFORM, WHETHER OR NOT CleanAura HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF CleanAura PLATFORM, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE CleanAura PLATFORM OR PROFESSIONAL SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE PROFESSIONAL SERVICES IF YOU ARE UNABLE TO SECURE PROFESSIONAL SERVICES THROUGH THE CleanAura PLATFORM; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CleanAura PLATFORM; (5) THE PERFORMANCE OF PROFESSIONAL SERVICES BY PROFESSIONALS, OR OTHERWISE ARISING OUT OF OR RELATED TO MISSIONS; OR (6) ANY OTHER MATTER RELATED TO CleanAura PLATFORM, PROFESSIONAL SERVICES, OR MISSIONS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

40. Cap on Liability. UNDER NO CIRCUMSTANCES WILL CleanAura PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY CleanAura AS A RESULT OF YOUR USE OF CleanAura PLATFORM DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AGAINST CleanAura PARTIES AROSE. IF YOU HAVE NOT PAID CleanAura ANY AMOUNTS DURING SUCH PERIOD, CleanAura’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50). CleanAura SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CleanAura HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CleanAura SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF CleanAura HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CleanAura SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CleanAura’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL CleanAura’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY U.S. OR CANADIAN DOLLARS ($50).

41. You agree that any circumvention or contravention of the following clauses will result in a $52,000CAD indemnity without legal warranty.

    1. No party contracting the services of CleanAura will attempt to engage, hire or directly contract a CleanAura employee for a period if at least 6 months after their termination.​

    2. No party contracting the services of CleanAura will attempt to circumvent the payment of our contracted services by directly remunerating contractors and sub-contractors supplied by Cleanaura.

    3. No party contracting the services of CleanAura will attempt to recruit sub-contractors or contractors during the execution of a contract.

42. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

43. User Content. CleanAura PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT).

44. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CleanAura AND YOU.

45. Termination and Suspension. CleanAura may terminate or suspend your right to use CleanAura Platform at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. We may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue our Services. Without limitation, CleanAura may terminate or suspend your right to use CleanAura Platform if you breach any provision of the Terms or any policy of CleanAura posted through CleanAura Platform from time to time; if CleanAura otherwise finds that you have engaged in inappropriate and/or offensive behavior; if CleanAura believes you are creating problems or possible legal liabilities; if CleanAura believes such action will improve the security of our community or reduce another User’s exposure to financial liabilities; if CleanAura believes you are infringing the rights of third parties; if CleanAura believes you are acting inconsistently with the spirit of these Terms; if despite our reasonable endeavors, CleanAura is unable to verify or authenticate any information you provide; or if you fail to pay all fees due for our Services by the payment due date. In addition to terminating or suspending your Account, CleanAura reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Services is terminated or suspended, these Terms will remain enforceable against you.​