1. Agreement to Terms
By accessing and using Gem City Cleaning Tools ("Service," "Platform," "Software"), operated by Gem City Cleaning Tools LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
2. Account Terms
You must be 18 years or older to use this Service.
You must be a human. Accounts registered by bots or other automated methods are not permitted.
You must provide accurate and complete information when creating your account, including your legal business name, valid email address, and phone number.
Each user must have their own unique login credentials. Login credentials may not be shared between multiple people. You may create separate user accounts for as many team members as needed.
You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account, including actions by employees or team members you grant access to.
You may not use the Service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction.
One person or entity may not maintain more than one free account. For purposes of this provision, "entity" includes businesses, organizations, or persons under common ownership or control.
3. Service Availability and Modifications
3.1 Service Availability
The Service is provided "as is" and "as available" without any warranties, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, or that any errors will be corrected.
The Service may be temporarily unavailable due to maintenance, updates, or technical issues. We will endeavor to provide notice of scheduled maintenance when possible.
We are not responsible for delays or failures due to circumstances beyond our reasonable control, including internet outages, third-party service failures, or force majeure events.
3.2 Service Modifications
We reserve the right to modify, suspend, or discontinue the Service or any features or functionality at any time, with or without notice, for any reason.
We may add, change, or remove features from any subscription plan. We will provide reasonable notice of material changes that negatively affect your plan.
We are not liable for any modification, suspension, or discontinuance of the Service or any part thereof.
3.3 Account and Content Restrictions
We reserve the right to refuse service to anyone for any lawful reason at any time, including to protect the Service, other users, or to comply with applicable law.
We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable material.
3.4 Fair Use and Resource Limits
To ensure optimal performance for all users, we reserve the right to impose reasonable limits on your use of the Service, including:
Storage space for files, photos, and documents
Number of API requests or automated actions
Bandwidth and data transfer
Concurrent user sessions or connections
Accounts with usage that significantly exceeds normal patterns for similar-sized businesses may be subject to additional fees, throttling, or service restrictions. We will notify you before imposing such limitations whenever practicable.
4. Acceptable Use Policy
You agree not to engage in any of the following prohibited activities:
Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable.
Uploading, posting, or transmitting any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Uploading, posting, or transmitting unsolicited or unauthorized advertising, spam messages, or promotional materials.
Uploading, posting, or transmitting any material that contains software viruses or any other malicious code designed to interrupt, destroy, or limit the functionality of the Service.
Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Service.
Attempting to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.
Using the Service to violate the security of any computer network, crack passwords or security encryption codes, or engage in any kind of illegal or malicious activity.
Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the Service or any part thereof.
Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Collecting or storing personal data about other users without their express permission.
Using the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use of the Service.
5. Free Trial Terms
New accounts are eligible for a 14-day free trial of our Professional Plan. During this trial period:
You have access to all Professional Plan features at no cost.
No credit card is required to start your trial.
Trial Expiration: At the end of the 14-day trial period, your account will automatically downgrade to our Free Plan unless you choose to subscribe to a paid plan.
Notifications: We will send email notifications at 7 days and 1 day before your trial period ends, informing you of the upcoming transition and available subscription options.
Feature Access After Trial: Upon downgrade to the Free Plan, you will lose access to Professional Plan features including payroll system, automated invoicing, High Level CRM integration, client self-service portal, and unlimited team members (restricted to 1 admin + 3 cleaners). Your data will be preserved, and you will retain access to core features like job scheduling, customer management, and basic reporting.
Data Preservation: All your data will be preserved when transitioning between any plan tiers, and you can upgrade at any time to regain access to Professional features.
6. Payment Terms
6.1 Subscription and Billing
If you choose to subscribe to a paid plan:
You will be billed in advance on a monthly or annual basis, depending on the plan you select.
Auto-Renewal: Your subscription will automatically renew for successive terms equal to your initial subscription term unless you cancel before the current term ends.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.
We use third-party payment processors and do not store your complete credit card information on our servers.
You authorize us and our payment processors to charge your payment method for all fees incurred under your account.
6.2 Refunds and Disputes
Subscription fees are non-refundable except as required by law. There will be no refunds or credits for partial months of service or unused time with an active account.
Payment Disputes: If you dispute any charges, you must notify us within sixty (60) days of the charge date. Failure to notify us within this period constitutes acceptance of the charges.
Chargebacks or payment disputes initiated with your payment provider without first attempting to resolve the issue with us may result in immediate suspension or termination of your account.
6.3 Price Changes and Notifications
We reserve the right to change our pricing at any time. We will provide at least thirty (30) days' advance notice of any price changes via email to the address associated with your account and/or in-app notification.
Price changes will not affect existing subscriptions until renewal. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the new amount.
If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.
6.4 Failed Payments and Account Downgrade
If a scheduled payment fails, the following process will occur:
Initial Payment Attempt: On your scheduled payment date (nextPaymentDate), we will automatically attempt to charge your payment method on file.
Payment Failure: If the payment is declined or fails for any reason (insufficient funds, expired card, card decline, etc.), your account will enter a grace period.
Grace Period (3 Days): You will have three (3) days from the failed payment date to update your payment information. During this grace period:Your account will remain on the Professional Plan with full feature access
You can update your payment method in your account settings
We will send email notifications about the failed payment
Payment will be automatically retried if you update your payment information
Automatic Downgrade After 3 Days: If payment is not received within the 3-day grace period, your account will automatically: Reactivation: You may reactivate your Professional Plan subscription at any time by:Updating your payment information in account settings
Clicking the "Reactivate Subscription" button in your subscription dashboard
Upon successful payment, you will immediately regain access to all Professional Plan features
No Suspension of Data Access: Unlike some services, we do not lock you out of your account or data. You will always have access to your business information, but premium features will be restricted to Free Plan capabilities.
Collection Costs: If legal action becomes necessary to collect unpaid amounts, you are liable for all reasonable costs we incur, including attorney fees, collection agency fees, court costs, and related expenses.
7. Cancellation and Termination
7.1 Cancellation by You
You may cancel your paid subscription at any time through your account settings or by contacting our support team. Upon cancellation:
You will retain access to paid features until the end of your current billing period.
Your account will automatically downgrade to the Free Plan at the end of the billing period.
If you cancel the Service before the end of your current paid period, the cancellation will take effect at the end of that billing period and you will not be charged again.
7.2 Data Export and Retention After Cancellation
Data Export: You may export your data at any time using the export features available in your account. We recommend exporting your data before canceling your account.
Data Retention: After you cancel or downgrade your account, your data will be preserved and remain accessible if you reactivate your subscription. We retain your data to enable seamless reactivation and to maintain business records.
Retention Purpose: Data is retained for business purposes including: enabling account reactivation, maintaining business records, legal and tax compliance, fraud prevention, security analysis, backup and disaster recovery, and resolving disputes or enforcing our agreements.
Data Deletion Requests: If you wish to request deletion of your data, you may contact us at chris@gemcitycleaningtools.com. We will review and process deletion requests in accordance with applicable laws. Please note that we may retain certain information where we have a legal obligation or legitimate business need to do so, such as for legal compliance, fraud prevention, or dispute resolution. Retention Details: Retention periods vary by data type and purpose. We retain personal information only as long as reasonably necessary for the purposes described in these Terms and our Privacy Policy, including reactivation, customer support, security, fraud prevention, dispute resolution, legal compliance, and backup/disaster recovery. Additional details about our retention periods or the criteria we use to determine them are described in our Privacy Policy. CCPA/CPRA Rights: Where required by applicable law (including California Consumer Privacy Act), we will honor valid requests to delete personal information, subject to legal exceptions such as security, fraud prevention, completing transactions, and legal or tax compliance. To exercise your rights, contact chris@gemcitycleaningtools.com. Backup Systems: Deleted data may persist in backup systems for up to thirty (30) days before being permanently removed from all systems.
Legal Requirements: We may be required to retain certain information for legal, tax, or regulatory purposes even after a deletion request, including transaction records, tax documents, and information related to legal proceedings or investigations.
7.3 Termination by Us
We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to:
Breach of these Terms of Service
Non-payment of fees or fraudulent payment activity
Engaging in abusive, threatening, or harassing behavior toward our staff or other users
Using the Service for illegal activities or in violation of applicable laws
Extended periods of account inactivity (12+ months)
Excessive resource usage that impacts Service performance for other users
Upon termination by us, you may be provided with an opportunity to export your data, subject to the nature and severity of the violation. We are not liable for any loss of data, content, or access resulting from termination of your account.
8. User Content and Data
You retain all ownership rights to the content and data you submit to the Service ("User Content"), including customer information, job details, photos, notes, and other materials. By submitting User Content to the Service, you grant us a limited, non-exclusive license to:
Store, process, and display your User Content as necessary to provide the Service to you and your authorized users.
Create backups of your User Content to prevent data loss.
Use your User Content to provide customer support and troubleshoot technical issues.
Create anonymized, aggregated analytics that cannot be used to identify you or your customers.
Your Responsibilities: You are solely responsible for your User Content and represent that you have all necessary rights, permissions, and consents to submit it to the Service. You must maintain your own backups of critical data. While we perform regular backups, we are not a dedicated backup service and cannot guarantee data recovery in all circumstances.
9. Data Ownership and Privacy
9.1 Data Ownership
You retain all ownership rights to the data you enter into the Service. By using the Service, you grant us permission to:
Store and process your data to provide the Service to you.
Create anonymized, aggregated data for analytics and service improvement purposes.
Use your data as described in our Privacy Policy.
9.2 Data Controller and Processor Roles
Your Role as Data Controller: For any personal data you input into the Service about your employees, cleaners, customers, or other individuals, you act as the data controller. You are responsible for:
Obtaining all necessary consents and permissions to collect and process such data
Ensuring compliance with all applicable data protection laws (GDPR, CCPA, etc.)
Providing appropriate privacy notices to your employees and customers
Responding to data subject requests from your employees or customers
Our Role as Data Processor: We process such data on your behalf solely to provide the Service. We do not use your employees' or customers' data for our own purposes, except as described in our Privacy Policy or as required by law.
9.3 Security and Privacy
We implement industry-standard security measures to protect your information. However, you are responsible for:
Maintaining the security of your devices and login credentials
Promptly notifying us of any unauthorized access or security breaches
Ensuring your team members follow security best practices
For complete details on how we collect, use, and protect your information, please review our Privacy Policy.
10. Employment Law and Workforce Management
Not Legal or Professional Advice: The Service provides tools for managing your cleaning business, including scheduling, time tracking, and payroll calculations. However, we are a software platform, not a legal, accounting, or HR advisory service.
Your Compliance Responsibilities: You are solely responsible for:
Worker Classification: Properly classifying your workers as employees, independent contractors, or other classifications in accordance with applicable federal, state, and local laws. The Service may use general terms like "cleaner" or "employee" for convenience, but these labels do not constitute any legal determination of worker status.
Wage and Hour Compliance: Ensuring compliance with all wage and hour laws, including minimum wage, overtime, break periods, and recordkeeping requirements. While we provide time-tracking tools, you must verify and configure them to comply with your specific legal obligations.
Payroll and Tax Obligations: Accurately calculating wages, withholding appropriate taxes, and complying with all payroll-related legal requirements. Any payroll calculation features are provided for convenience only and should be verified by you or your accountant.
Employment Policies: Creating and enforcing your own employment policies, workplace rules, and employee handbook provisions in compliance with applicable laws.
Workplace Safety and Regulations: Complying with OSHA and other workplace safety regulations, workers' compensation insurance requirements, and industry-specific regulations.
Default Settings Disclaimer: The Service may include default settings, templates, or calculation rules (for example, default overtime calculation rules or time rounding settings). These defaults are provided solely for your convenience. You must review, customize, and ensure that all settings comply with applicable laws and your specific business requirements.
No Liability for Compliance: We expressly disclaim any liability for your compliance or non-compliance with employment laws, tax laws, or any other legal requirements. You should consult with qualified legal, accounting, and HR professionals to ensure compliance with all applicable laws.
11. Mobile Applications and Services
11.1 Mobile App Availability
The Service is available through mobile applications for iOS (Apple App Store) and Android (Google Play Store), as well as through mobile-optimized web applications. By downloading, installing, or using our mobile applications, you agree to these Terms and the applicable app store's terms of service.
App Store Terms: Downloads from the Apple App Store are subject to Apple's Licensed Application End User License Agreement. Downloads from Google Play are subject to Google Play Terms of Service. We are not responsible for app store policies, availability, or pricing.
Device Requirements: You are responsible for obtaining and maintaining compatible devices and operating systems required to use the mobile applications.
Updates: We may update the mobile applications from time to time. You may need to update your mobile operating system or app version to continue using the Service.
11.2 Mobile Device Permissions
Our mobile applications may request the following permissions to provide full functionality:
Location Services (GPS): We collect precise location data (latitude and longitude) when you use features such as job check-in/check-out, time clock functionality, navigation to job sites, and automatic job tracking. This includes:Foreground Location: Used when the app is open for job navigation and manual check-in/out
Background Location (Optional): May be used for automatic time tracking and job progress updates even when the app is not actively in use. This permission is optional and can be disabled in your device settings.
Camera and Photo Library: Required to take and upload before/after photos of completed jobs, document issues, or update your profile photo.
Push Notifications: Used to send you job assignments, schedule changes, time clock reminders, and other Service-related alerts. You can disable notifications in your device settings.
Storage Access: Required to save photos, cache data for offline access, and store application files.
You can manage these permissions at any time through your device settings. However, disabling certain permissions may limit or prevent the use of some features. For example, disabling location services will prevent you from using job check-in/out and navigation features.
11.3 Location Data Usage
When you enable location services, we collect and use location data to:
Verify your physical location when clocking in or out of work shifts
Provide turn-by-turn navigation to job sites
Track job progress and completion status
Calculate mileage and route optimization
Ensure accurate time tracking and payroll calculations
Employer Access: Location data collected through the mobile app is made available to your employer (the Account Owner) for business purposes including job tracking, payroll verification, and workforce management. Your employer determines whether location tracking is required for certain features like time clock functionality. Account Owners are responsible for obtaining any required employee consent for location tracking in accordance with applicable employment and privacy laws.
Disabling Location: You may disable location services at any time through your device settings. However, certain features (such as clock-in/out verification or job navigation) may not function properly or may be unavailable if location services are disabled.
11.4 SMS, Push Notifications, and Communications
By providing your mobile phone number and using the mobile applications, you consent to receive communications from us, including:
Transactional Messages: Job assignments, schedule changes, time clock reminders, and other Service-related notifications necessary for your work.
Push Notifications: In-app alerts for jobs, schedule updates, messages from your employer, and Service updates.
SMS Text Messages: Important alerts when push notifications cannot be delivered or for critical time-sensitive communications.
Opting Out: You can disable push notifications in your device settings or within the app settings. To opt out of SMS messages, reply STOP to any text message. Please note that disabling transactional notifications may affect your ability to receive important work-related alerts.
Costs: Standard message and data rates from your mobile carrier may apply to SMS messages and app data usage. We are not responsible for any charges incurred from your mobile carrier. We recommend using WiFi when possible to minimize data usage.
11.5 Mobile Data and Battery Usage
Background location tracking and real-time job updates may consume mobile data and battery power. Usage varies based on your settings and how actively you use the app.
We implement battery optimization features, but cannot guarantee specific battery performance on all devices.
Your mobile carrier's standard charges, data rates, and other fees may apply when using mobile features.
We are not liable for any delays in the receipt of SMS messages or push notifications, as delivery depends on your mobile carrier and device compatibility.
12. Third-Party Integrations and Services
The Service may integrate with third-party services such as QuickBooks, payment processors, mapping services, and other business tools ("Third-Party Services"). By enabling these integrations:
You grant us permission to access and share your data with these Third-Party Services as necessary to provide the integration functionality.
You acknowledge that Third-Party Services have their own terms of service and privacy policies, which govern your use of those services. You are responsible for reviewing and complying with such third-party terms.
No Warranties or Liability: We do not warrant, endorse, guarantee, or assume any responsibility for Third-Party Services. We are not responsible for the accuracy, reliability, availability, functionality, or performance of any Third-Party Service.
Data Exchange: Any data exchanged between the Service and Third-Party Services is governed by the privacy policies and terms of both parties. We are not responsible for how Third-Party Services use, store, or protect your data.
Service Changes: Third-Party Services may become unavailable, change their functionality, or modify their terms at any time. We may discontinue support for any third-party integration at any time without liability to you or obligation to provide refunds or compensation.
Your Risk: Your use of any Third-Party Service is entirely at your own risk. You agree to indemnify and hold us harmless from any claims arising from your use of Third-Party Services.
13. Feedback and Suggestions
If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you acknowledge and agree that:
We may use your Feedback for any purpose, including improving the Service, developing new features, or for marketing purposes, without any obligation to compensate you.
You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate your Feedback into our Service.
The Feedback does not contain any confidential or proprietary information of you or any third party.
14. Intellectual Property
The Service and its original content, features, and functionality are owned by Gem City Cleaning Tools LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software.
15. Account Ownership and Access Rights
Account Owner: The person or entity who creates and pays for the account is the Account Owner. The Account Owner has the following rights and responsibilities:
Full access to all data and settings within the account
Ability to add, modify, or remove team member access
Authority to cancel the subscription or modify the plan
Responsibility for all fees and charges associated with the account
Liability for all actions taken by team members granted access to the account
Ownership Disputes: In the event of a dispute regarding account ownership (such as business partnership dissolution, employee departure, or change of business ownership), we may request documentation to verify rightful ownership. This may include:
Business licenses or registration documents
Government-issued identification
Payment records or billing information
Court orders or legal agreements
We reserve the right to temporarily disable account access during ownership disputes until resolution is reached. We will make reasonable efforts to determine rightful ownership but are not responsible for resolving business or legal disputes between parties.
16. Customer Support
Support Availability: Customer support is provided to active account holders via email at info@gemcitycleaningtools.com. Support is provided during normal business hours (Monday-Friday, 9 AM - 5 PM ET).
Support Scope: We provide reasonable technical support for the Service. Support does not include:
Training on business operations, accounting, or legal compliance
Support for third-party services or integrations
Custom development or feature requests
Data recovery from user error or accounts terminated for Terms violations
Response times may vary based on support volume and the complexity of your inquiry. We will make reasonable efforts to respond to all support requests promptly.
17. Limitation of Liability
17.1 Exclusion of Consequential Damages
To the maximum extent permitted by law, in no event shall Gem City Cleaning Tools LLC, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, business interruption, or other intangible losses, resulting from:
Your access to or use of or inability to access or use the Service.
Any conduct or content of any third party on the Service.
Any content obtained from the Service.
Unauthorized access, use, or alteration of your transmissions or content.
Service interruptions, errors, or defects.
Third-party integrations or services.
17.2 Cap on Direct Damages
To the maximum extent permitted by law, our total aggregate liability to you for any and all claims arising from or related to the Service or these Terms, whether in contract, tort, or otherwise, shall not exceed the greater of (a) one hundred dollars ($100) or (b) the total amount you actually paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim.
17.3 Essential Purpose
The limitations in this Section 17 are fundamental elements of the agreement between you and us. The Service would not be provided without these limitations. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
18. Indemnification
You agree to defend, indemnify, and hold harmless Gem City Cleaning Tools LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys' fees) arising from:
Your use of and access to the Service.
Your violation of these Terms.
Your violation of any third-party right, including without limitation any copyright, trademark, trade secret, privacy, or other proprietary right.
Your User Content or any content you submit to the Service.
Your violation of any applicable laws or regulations, including data protection and privacy laws, in your use of the Service or handling of data.
Claims by your employees, contractors, customers, or other third parties related to your use of the Service or your business practices.
19. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect via email to the address associated with your account.
What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
20. Governing Law, Venue, and Dispute Resolution
20.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.
20.2 Informal Resolution
Before filing any legal action or proceeding, the parties agree to attempt to resolve the dispute through good faith negotiations for at least thirty (30) days. Contact us at chris@gemcitycleaningtools.com to initiate informal resolution.
20.3 Exclusive Venue
To the fullest extent permitted by law, except for claims that may be brought in small claims court if eligible, any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Montgomery County, Ohio, and each party irrevocably submits to the personal jurisdiction and venue of those courts and waives any objection based on inconvenient forum or lack of personal jurisdiction.
20.4 Small Claims Court Exception
Either party may bring an individual claim in small claims court in the jurisdiction where you reside or where the claim arose, if the claim is eligible for and brought on an individual (non-class, non-representative) basis in small claims court.
20.5 Injunctive Relief
Nothing in this Section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights, confidential information, or to prevent irreparable harm.
20.6 Statute of Limitations
You agree that any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20.7 Severability and Waiver
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
By creating an account or using Gem City Cleaning Tools, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.