1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Clean Scale LLC ("Clean Scale," "we," "us," or "our") governing your access to and use of our software-as-a-service platform, website, and related services (collectively, the "Service").
By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
These Terms apply to all users of the Service, including visitors, potential customers, trial users, and paying subscribers. Additional terms or policies may apply to specific features or services, which will be presented to you at the time of use.
2. Eligibility
To use the Service, you must meet the following eligibility requirements:
- Be at least 18 years of age or the age of majority in your jurisdiction
- Have the legal capacity to enter into binding contracts
- Represent a legitimate business entity operating in the cleaning industry
- Not be barred from using the Service under applicable laws or regulations
- Not have been previously suspended or removed from the Service
By using the Service, you represent and warrant that you meet all eligibility requirements. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
3. Service Description
Clean Scale provides an automated lead generation and marketing platform specifically designed for cleaning businesses. Our Service includes:
Core Features
- Automated cold email campaigns targeting potential cleaning clients
- Lead generation and qualification tools
- Marketing automation and campaign management
- Analytics and performance tracking dashboard
- CRM integration and contact management
- Customizable email templates and sequences
- Compliance monitoring for email marketing regulations
Service Limitations
We reserve the right to:
- Modify, suspend, or discontinue any part of the Service at any time
- Impose limits on certain features or restrict access to parts of the Service
- Update, change, or remove features with reasonable notice
- Refuse service to anyone for any lawful reason
4. Account Registration and Security
Account Creation
To access certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access or security breach
Account Security
- You are solely responsible for maintaining the confidentiality of your password
- You must use a strong, unique password and enable multi-factor authentication when available
- You must not share your account credentials with third parties
- We are not liable for any loss or damage from unauthorized account access
Account Restrictions
- Each account is for use by a single business entity
- You may not create multiple accounts to circumvent service limitations
- You may not transfer, sell, or share your account with others
- You may not use another user's account without permission
5. Subscription and Billing
Subscription Plans
Clean Scale offers various subscription plans with different features and pricing tiers. By subscribing, you agree to pay the applicable fees for your selected plan.
Billing and Payment
- Recurring Charges: Subscription fees are billed on a recurring basis (monthly or annually) based on your selected plan
- Payment Method: You must provide a valid payment method and authorize us to charge all fees to that method
- Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless canceled
- Price Changes: We may change subscription prices with at least 30 days' notice
- Taxes: Fees are exclusive of applicable taxes, which will be added to your invoice
- Failed Payments: If payment fails, we may suspend or terminate your access until payment is received
Refund Policy
All subscription fees are non-refundable except as follows:
- If we terminate your account without cause, we will refund any prepaid fees on a pro-rata basis
- If you cancel within the first 7 days of an initial subscription, we will provide a full refund
- Refunds are not available for renewals or after the initial 7-day period
Cancellation
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. No refunds will be provided for the remaining portion of a paid billing period.
6. User Responsibilities
As a user of the Service, you are responsible for:
Content and Campaigns
- All content, materials, and communications sent through the Service
- Ensuring your email campaigns comply with all applicable laws and regulations
- Obtaining necessary permissions before contacting prospects
- Maintaining accurate and up-to-date contact lists
- Honoring opt-out and unsubscribe requests promptly
- Verifying that your campaigns do not contain false, misleading, or deceptive content
Legal Compliance
- Complying with all applicable federal, state, and local laws
- Adhering to the CAN-SPAM Act, GDPR, CCPA, and other privacy regulations
- Obtaining necessary business licenses and permits for your cleaning business
- Ensuring your business practices are lawful and ethical
Data Security
- Protecting sensitive information accessed through the Service
- Implementing appropriate security measures for your account
- Not storing or transmitting sensitive personal information unnecessarily
- Reporting any suspected security vulnerabilities to us immediately
7. Prohibited Uses
You agree not to use the Service for any unlawful purpose or in any way that violates these Terms. Prohibited uses include, but are not limited to:
Illegal Activities
- Violating any federal, state, local, or international laws or regulations
- Engaging in fraud, deception, or misrepresentation
- Infringing on intellectual property rights of others
- Transmitting illegal, harmful, or offensive content
- Facilitating money laundering or terrorist financing
Abusive Practices
- Sending spam, unsolicited communications, or bulk emails to purchased lists
- Harassing, threatening, or abusing recipients
- Using the Service to send phishing emails or malware
- Impersonating others or misrepresenting your identity or affiliation
- Engaging in deceptive marketing practices
Technical Violations
- Attempting to gain unauthorized access to the Service or related systems
- Interfering with or disrupting the Service or servers
- Using automated systems (bots, scrapers) without permission
- Reverse engineering, decompiling, or disassembling the Service
- Circumventing security features or usage limitations
- Overloading or stress-testing our infrastructure
Content Restrictions
- Promoting illegal drugs, weapons, or controlled substances
- Distributing adult content or sexually explicit materials
- Promoting violence, discrimination, or hate speech
- Violating privacy rights or data protection laws
- Sharing confidential information without authorization
8. Cold Email Compliance (CAN-SPAM Act)
When using our cold email features, you must comply with the CAN-SPAM Act and all applicable email marketing regulations. You agree to:
Required Practices
- Accurate Headers: Use accurate "From," "To," and routing information
- Clear Subject Lines: Ensure subject lines accurately reflect email content
- Identify as Advertisement: Clearly identify commercial messages
- Valid Physical Address: Include your valid physical postal address
- Unsubscribe Mechanism: Provide a clear and conspicuous way to opt out
- Honor Opt-Outs: Process opt-out requests within 10 business days
- Monitor Third Parties: Ensure any third parties acting on your behalf comply
Best Practices
- Research prospects to ensure relevance before contacting
- Personalize messages and avoid generic mass emails
- Provide genuine value in your communications
- Maintain clean, permission-based email lists
- Respect "Do Not Contact" preferences
- Monitor deliverability and spam complaint rates
International Compliance
If you contact prospects outside the United States, you must also comply with:
- GDPR (Europe): Obtain consent and provide data subject rights
- CASL (Canada): Follow consent requirements for Canadian recipients
- Other Jurisdictions: Comply with local email marketing laws
9. Intellectual Property Rights
Our Intellectual Property
The Service and all content, features, and functionality (including but not limited to software, code, design, text, graphics, logos, and trademarks) are owned by Clean Scale LLC and are protected by United States and international intellectual property laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include any rights to:
- Reproduce, modify, or create derivative works of the Service
- Distribute, sell, rent, lease, or sublicense the Service
- Reverse engineer or attempt to extract source code
- Remove or modify proprietary notices or labels
- Use the Service to develop competing products or services
Your Content
You retain all ownership rights to content you create, upload, or transmit through the Service ("User Content"). By using the Service, you grant Clean Scale a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your User Content solely for the purpose of providing and improving the Service.
Trademarks
"Clean Scale" and our logos are trademarks of Clean Scale LLC. You may not use our trademarks without prior written permission. All other trademarks appearing in the Service are the property of their respective owners.
10. Data Ownership and Privacy
Your Data
You retain ownership of all data you input into the Service, including contact lists, campaign content, and business information. We do not claim ownership of your data.
Data Usage
We may use aggregated, anonymized data for:
- Improving the Service and developing new features
- Creating industry benchmarks and reports
- Analytics and research purposes
- Marketing our services
Data Export
You may export your data at any time through your account dashboard. Upon account termination, you have 30 days to export your data before it is permanently deleted.
Privacy
Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
11. Service Level Agreement
Uptime Commitment
We strive to maintain 99.5% uptime for the Service, excluding scheduled maintenance. Uptime is calculated on a monthly basis.
Scheduled Maintenance
We may perform scheduled maintenance with advance notice. We will make reasonable efforts to schedule maintenance during off-peak hours and minimize service disruption.
Service Interruptions
In the event of service interruptions lasting more than 4 consecutive hours (excluding scheduled maintenance), affected customers may be eligible for service credits on a case-by-case basis. Credits are issued at our discretion and are your sole remedy for service interruptions.
Support
We provide email and in-app support during business hours (Monday-Friday, 9:00 AM - 5:00 PM Pacific Time, excluding holidays). Response times vary by subscription tier and issue severity.
12. Disclaimers and No Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CLEAN SCALE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE SERVICE
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
- WARRANTIES REGARDING THE RESULTS YOU MAY OBTAIN FROM USING THE SERVICE
No Guarantee of Results
We make no guarantees, representations, or warranties regarding:
- The number of leads you will generate
- The quality or conversion rate of leads
- Increased revenue or business growth
- Email deliverability rates
- Campaign response rates or engagement metrics
Results vary significantly based on factors outside our control, including your industry, location, campaign quality, market conditions, business operations, and sales processes.
Third-Party Services
The Service may integrate with third-party services and platforms. We do not endorse, warrant, or assume responsibility for any third-party services, and your use of such services is at your own risk.
User Content
We do not pre-screen or monitor user content and are not responsible for the accuracy, legality, or appropriateness of content created by users.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLEAN SCALE LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:
Excluded Damages
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
- BUSINESS INTERRUPTION OR LOSS OF GOODWILL
- COST OF SUBSTITUTE SERVICES
- LOSS OF DATA OR INFORMATION
- PERSONAL INJURY OR PROPERTY DAMAGE
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
Maximum Liability Cap
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID TO CLEAN SCALE IN THE 12 MONTHS PRECEDING THE CLAIM, OR
- ONE HUNDRED DOLLARS ($100.00 USD)
Exceptions
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
Nothing in these Terms excludes or limits our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded or limited under applicable law
14. Indemnification
You agree to indemnify, defend, and hold harmless Clean Scale LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
- Your use or misuse of the Service
- Your violation of these Terms or any applicable laws or regulations
- Your User Content or any content you submit, post, or transmit through the Service
- Your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights
- Your email campaigns, marketing activities, or business practices
- Any harm caused to third parties by your use of the Service
- Any breach of your representations and warranties
Defense and Settlement
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You may not settle any claim without our prior written consent.
15. Termination
Termination by You
You may terminate your account at any time by:
- Canceling your subscription through your account settings, or
- Contacting our support team at support@mycleanscale.com
Termination will be effective at the end of your current billing period. You remain responsible for all charges incurred up to the termination date.
Termination by Us
We may suspend or terminate your account immediately, without notice, if:
- You violate these Terms or our policies
- Your account is involved in fraudulent or illegal activity
- Your payment method fails or you have unpaid fees
- Your use of the Service poses a security risk
- We are required to do so by law
- We decide to discontinue the Service
Effect of Termination
Upon termination:
- Your right to access and use the Service immediately ceases
- You must cease all use of our trademarks and proprietary materials
- We may delete your account data after a 30-day grace period
- Provisions of these Terms that by their nature should survive will remain in effect
Survival
The following sections survive termination: Intellectual Property Rights, Data Ownership, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will:
- Update the "Last Updated" date at the top of these Terms
- Send notice to your registered email address at least 30 days before the changes take effect
- Display a prominent notice on the Service
Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must discontinue use of the Service and cancel your account.
For minor changes (such as formatting or clarification), we may update the Terms without advance notice. We encourage you to review these Terms periodically.
17. Dispute Resolution and Arbitration
Informal Dispute Resolution
Before filing a claim, you agree to contact us at support@mycleanscale.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes within 60 days.
Binding Arbitration
If we cannot resolve a dispute informally, you and Clean Scale agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved through binding arbitration, except for disputes that qualify for small claims court.
Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Sacramento, California, or another mutually agreed location. The arbitrator's decision will be final and binding.
Class Action Waiver
YOU AND CLEAN SCALE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not preside over any consolidated, representative, or class proceeding.
Exceptions
Either party may seek equitable relief in court for infringement or misuse of intellectual property rights without first engaging in arbitration or informal dispute resolution.
Opt-Out
You may opt out of this arbitration provision by sending written notice to Clean Scale LLC at 2108 N ST STE N, Sacramento, CA 95816 within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out of the arbitration provision.
18. Governing Law and Jurisdiction
These Terms and any disputes arising from or relating to the Service shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States, without regard to conflict of law principles.
Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Sacramento County, California for any legal proceedings.
International Users
If you access the Service from outside the United States, you acknowledge that you are transferring information to the United States and agree that California law governs your use of the Service.
19. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Clean Scale regarding the Service and supersede all prior agreements and understandings.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Clean Scale.
Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction. Any attempted assignment in violation of this section is void.
Force Majeure
We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service disruptions.
Relationship of Parties
These Terms do not create a partnership, joint venture, employment, or agency relationship between you and Clean Scale. Neither party has authority to bind the other or incur obligations on its behalf.
Notices
We may provide notices to you via email, posting on the Service, or other reasonable means. Notices to Clean Scale should be sent to support@mycleanscale.com or our mailing address provided below.
Electronic Communications
By using the Service, you consent to receiving electronic communications from us. You agree that all agreements, notices, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
20. Contact Information
If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us:
Clean Scale LLC
Mailing Address
2108 N ST STE N
Sacramento, CA 95816
United States
For legal notices, please send correspondence to the mailing address above with attention to "Legal Department."
Acceptance and Agreement
By using Clean Scale's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please discontinue use of our platform immediately.
These Terms were last updated on January 1, 2025. We encourage you to review these Terms periodically for any updates or changes.