Terms of Service

The Service is a software platform that helps cleaning businesses ("Companies") schedule jobs, dispatch technicians, generate quotes and invoices, collect payments, track supplies, manage compliance documents, and communicate with their own end customers ("Customers").

Shine & Luster is a technology provider only. We do not, and do not attempt to:

• provide, perform, supervise, or guarantee any cleaning service;
• employ, contract with, license, background-check, insure, or bond the technicians, cleaners, supervisors, or other staff of any Company;
• verify a Company's licenses, insurance, tax status, business practices, hiring or employment practices, or the accuracy of information a Company provides to its Customers;
• act as a party to any contract, quote, estimate, invoice, service agreement, warranty, or dispute between a Company and its Customer, or between a Company and any candidate who applies through the Careers area.

Cleaning services are provided by the Companies themselves. Any question about scope of work, price, scheduling, quality, damage, missed appointments, refunds, tipping, personnel behavior, employment classification, wages, or workplace conditions is between the Company and its Customer or worker. We may offer messaging, payment, or record-keeping features to help resolve such matters, but we do not adjudicate them and we are not a payer, employer, or fiduciary.

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account, including activity by any user you invite (owners, admins, dispatchers, technicians, candidates, or Customers using a client portal link). You must promptly notify us of any unauthorized use of your account.

You are responsible for making sure that every person you invite has the authority to access the information you give them (for example, a technician's access to a Customer's address and gate code), and for revoking access when it is no longer needed.

As between you and us, you own the data you or your users submit to the Service ("Customer Data"), including Customer names, addresses, notes, photos, checklists, and invoices. You grant Shine & Luster a worldwide, non-exclusive license to host, store, process, transmit, back up, and display Customer Data solely to provide, secure, and improve the Service and to comply with law.

You are solely responsible for the lawfulness of Customer Data, including obtaining any consents required to collect, store, and share personal information (including photos taken inside private residences and background check records of workers). Our processing of personal data is described in the Privacy Policy.

The Service is offered under paid subscription plans and, at your option, per- transaction fees (for example, online invoice payments processed through our payment provider). Prices, features, and included limits are described on our pricing page and in the plan you select. All fees are in US dollars unless stated otherwise and are exclusive of applicable taxes, which you are responsible for.

Subscriptions renew automatically for successive terms of the same length until cancelled. You may cancel at any time from the Billing area of your account; cancellation takes effect at the end of the current billing period. Except where required by law, fees already paid are non-refundable, and you will not receive a refund or credit for partial billing periods or unused features.

We may change our prices. Price changes for a subscription take effect at your next renewal after we give you at least 30 days' notice by email or in-app message.

Payments are processed by Stripe, Inc. and are subject to Stripe's terms and privacy policy. We do not store full card numbers.

When a Company uses the Service to collect payment from its Customer, the Company - not Shine & Luster - is the merchant of record for that transaction. We provide the software; Stripe provides payment processing. We are not responsible for chargebacks, refunds, tax collection, tips, or disputes between a Company and its Customer arising from those transactions.

The Service may allow Companies to post job openings and receive applications from candidates. Shine & Luster is not an employer, a staffing agency, or a recruiter, and we do not screen candidates or verify Company listings. Any hiring relationship is exclusively between the Company and the candidate, including employment classification, wages, benefits, background checks, onboarding, and termination.

You are responsible for the accuracy and legality of any job posting or application information you submit, and for complying with employment, anti-discrimination, and immigration laws that apply to you.

You will not, and will not allow anyone to:

• use the Service for any unlawful, harmful, harassing, defamatory, discriminatory, or fraudulent purpose;
• upload malware, viruses, or content that infringes another person's rights;
• reverse engineer, decompile, or attempt to derive the source code of the Service, except to the limited extent permitted by law;
• scrape, resell, or provide the Service to third parties as a commercial time-share or service bureau outside your own operations;
• bypass rate limits, security, or authentication mechanisms;
• interfere with the operation of the Service or with other customers' use of it;
• send unsolicited commercial messages (SMS or email) to Customers or candidates using our platform.

The Service, including its software, design, branding, and documentation, is owned by ShiftCore Tech and its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service. All rights not expressly granted are reserved. Feedback you send us may be used without restriction or compensation.

We work to keep the Service available, but we do not promise it will be uninterrupted or error-free. Scheduled maintenance, failures by third-party providers, force majeure events, and other conditions may cause downtime. We may add, change, remove, or discontinue features at any time; if a change materially reduces core functionality of a paid feature, your sole remedy is to cancel your subscription.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE.

We make no warranty regarding: (a) the quality, safety, punctuality, or lawfulness of any cleaning service; (b) the conduct, honesty, background, training, or employment status of any technician, cleaner, or Company staff; (c) any damage to property, theft, personal injury, or loss occurring during a service visit; (d) the accuracy of any quote, estimate, invoice, or checklist produced through the Service; (e) the availability of technicians in your geography; or (f) any dispute, employment claim, or regulatory action between a Company and its Customer, workers, or candidates.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHINE & LUSTER, SHIFTCORE TECH, OR THEIR AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS, LOST DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$100.

These limits apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

We may suspend or terminate your access to the Service, in whole or in part, immediately and without prior notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or failed to pay fees when due. You may terminate by cancelling your subscription and deleting your account. Upon termination, your right to use the Service ends. Sections that by their nature should survive termination (fees owed, disclaimers, limitations of liability, indemnities, dispute resolution) will survive.

After termination, we may retain Customer Data for up to 30 days for account recovery and then permanently delete it, except where longer retention is required or permitted by law.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules in Wilmington, Delaware, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. You and Shine & Luster each waive any right to a jury trial and any right to bring or participate in any class, collective, or representative action. Claims must be brought individually.

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information.