§1 GENERAL PROVISIONS

The terms specified below, used in these Terms and Conditions have the following meaning:

1. Company – FG Investment sp. z o.o., ul. Włodarzewska 87B/105, 02-393 Warsaw, NIP 7011003187, entered in the Register of Entrepreneurs of the National Court Register under no. 0000867852,
2. Cleane.app or Application – Online Trading Platform application within the meaning of Article 2 point 8 of the Consumer Rights Act, through which Users offering the delivery of Cleaning Packages may offer them to other Users
3. Cleaning Package - delivery of cleaning goods with cleaning service
4. User – entity using the services offered by the Company via the Application,
5. Customer – person looking for entity providing Cleaning Packages in a specified area within a specified period of time,
6. Contractor – entity offering Customers the delivery of Cleaning Packages, which has registered an account in the Application,
7. Consumer - a natural person concluding a contract, the subject of which is not directly related to its business or professional activity,
8. Entrepreneur having consumer rights – a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it is not professional for this person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. 

2. Contact with the Company is possible:

1. sending a message to the e-mail address support@cleane.app and
2. by calling at 666 937 933.

3. These Terms and Conditions, hereinafter referred to as „Terms and Conditions", define the rules for using Cleane.app, the subject and scope of services provided by the Contractors via the Application, the subject of the contract for the provision of services electronically concluded between the Company, and, the entity using the Application, the subject of the contract concluded by the Client and the Contractor, hereinafter referred to as the „Cleaning Package delivery agreement”, the rules for ordering Cleaning Packages, concluding and performing the Cleaning Package delivery agreements, and, as well as the rights and obligations of Cleane.app and Users.

4. The Terms and Conditions are made available to Users in the Application, including in a way that allows it to be downloaded, reproduced, recorded and printed.

5. Users of Cleane.app may be natural persons over 18 years of age and have full capacity for legal acts, legal persons and organizational units without legal personality, but having the ability to acquire rights and incur liabilities on their own behalf. Cleane.app users may also be persons over the age of 13 but under the age of 18 to the extent that they can acquire rights and incur liabilities, in accordance with generally applicable law.

6. Downloading the Application from the digital distribution platform, browsing the Application and registering an account are free of charge. The Company charges a commission on the remuneration of the Contractor received for the delivery made.

7. The Company is the Administrator of Users' personal data and processes them on the terms specified in the privacy policy available on the Website under the tab „Privacy Policy" and in the law. The privacy policy regulates all issues related to the processing and protection of Users' personal data by the Company.

8. The Contractor has access to the following customer data: the address of the property, including the code allowing entry to it – in case if provided by the Customer, a description of the property (floor, area, number and layout of rooms), messages shared with him/her by the customer, phone number, pet ownership.

9. The Customer who has completed registration of an account with Cleane.app has access to the following data regarding the Contractor: name and ratings made by other Clients and can contact the Contractor via the chat provided in the Application.

10. The User is obliged to provide true and current data, including personal data, required to register an account or order delivery. Providing false data, incomplete or outdated may result in the inability to perform in proper manner the contract for the provision of services electronically by the Company or the contract for the delivery of the Cleaning Package by the Contractor or the suspension of the performance of these contracts due to the fault of the User providing false or outdated data. In this case, the Client is obliged to pay the full amount of remuneration.

11. The User undertakes not to take actions that could hinder or disrupt the operation of the Application. If it will be detected that the User commits such actions, the Company has the right to suspend or block his profile.

12. In case of doubts as to the content of the Terms and Conditions or the meaning of the definitions used in the Terms and Conditions, the User should contact the Company by phone or via e-mail.

13. In the event of loss of the password to access the Application in any way, the User may regain access to the account after selecting the appropriate option during logging in, providing the e-mail address registered in the Application, and, and then enter the code sent by the Company to the e-mail address to the Application and enter a new password twice.

14. The Company is not a party to the Cleaning Package delivery contracts concluded between Users. The Company is not liable for non-performance or improper performance of the contract for the delivery of the Cleaning Package concluded via the Application, in particular for the quality of the delivery made, the ability of Users to perform the contract for the delivery of the Cleaning Package, and, as well as the solvency of customers. All claims in this regard may be asserted by Clients and Contractors only from each other. The Company supervises and provides the Users with a payment system for the services provided.

15. Users bear full responsibility towards the Company and other Users for their actions and omissions related to the use of the Application, including liability for damages.

§2 TECHNICAL REQUIREMENTS

1. The use of the Application requires the User to possess a device enabling connection to the Internet, using the Android operating system (from version 6.0 upwards) or iOS (from version 13.0 upwards) and allowing you to download and install mobile applications via Google Play or AppStore.
2. The Company makes every effort to ensure uninterrupted operation of the Application.
3. The Company reserves the right to make breaks in the operation of the Application, during which some or all functionalities of the Application may be unavailable or access to them may be limited.
4. For reasons being beyond the control of the Company, there can be technical failures in the Application during which some or all of the functionalities of the Application may be unavailable or access to them may be limited.

§3 REGISTRATION OF ACCOUNT

1. You may use Cleane.app as a Client or Contractor. The Company has the right to make available through Cleane.app functionalities provided exclusively for Contractors or exclusively for Clients.
2. In order to use the Cleane.app functionalities as a Contractor, the User must register an account in the Application. Using the Cleane.app functionalities as a Client does not require registration. A Client who has not registered an account with Cleane.app cannot preview placed orders, edit Cleaning Packages delivery orders and contact the Contractor via chat.
3. Before making registration of an account, and in the case of using the Application without registering an account – before ordering the Cleaning Package, the User is obliged to get acquainted with Terms and Conditions, confirm the fact of reading the Terms and Conditions, by checking the selection window, as well as accept the provisions of the Terms and Conditions by checking the selection window.
4. When registering an account, the User is obliged to fill in the following fields: name and surname, e-mail address, telephone number, having the status of an entrepreneur or consumer. The declaration made by the User about having the status of an entrepreneur or consumer is made available to Users. If the User wants to receive an invoice, then he/she must fill in the invoice data stating: NIP number, company name and address of the company.
5. Only a person who is over 18 years of age and who has made a relevant statement in this respect by ticking the selection window can use an application as a Contractor.
6. The user is obliged to assign an access password to his/her account. The password should consist of at least 8 characters long, including at least one digit, lower case, uppercase and a special character.
7. The contractor can add his/her own photo to his account, which will be assigned to his/her account. The photo may not present any content of a vulgar, obscene, erotic or inciting to spread content prohibited by law, as well as may not contain promotional content and contact details. The contractor can delete the photo at any time. The photo should be added in the form of a .png or .jpg file, which must not exceed 2mb.
8. During registration, the Contractor determines the area within which he/she will deliver Cleaning Packages. The Contractor may change this area at any time. For the previously indicated area, the Contractor then specifies the days and hours on which he/she is ready to deliver the Cleaning Packages.
9. Before completing the registration of the account, the Contractor is verified by the Stripe payment system. Detailed information about the Stripe payment system can be found at the following link (https://stripe.com/en-pl/legal/connect-account ). https://stripe.com/en-pl/legal/connect-account ).
10. Upon completion of the registration, the Contractor is obliged to complete remote training provided by the Company. Failure to complete the training will result in the inability to obtain orders via the Application.
11. The user can edit the data he/she provided during registration. The change of data has an effect only on the contracts for the delivery of the Cleaning Package concluded by him/her after the approval of the change of data.
12. The contract for the provision of services available in the Application between the User and the Company (contract for the provision of services by electronic means) is concluded for an indefinite period of time upon confirmation by the User of registration in Cleane.app or at the moment of orders for the delivery of the Cleaning Package via the Application.
13. The User logs in to the Application by entering an e-mail address and access password or via external authentication services - Google, Facebook or Apple accounts. Logging into the Application via external authentication services is at the risk of the User.
14. The User can not share data enabling access to his/her account with third parties, with the exception of persons authorized by him/her to act on his/her behalf. In this case, he/she is responsible for the actions or omissions of that person as for his/her own actions or omissions.
15. The Company is not liable if the User gives access to the e-mail address and access password to third parties.
16. The User Account Management Agreement is concluded for an indefinite period. The User may at any time resign from the services provided by the Company and delete the account by selecting the appropriate option in the Application settings. If the User chooses this option, the User's account will be immediately deleted. Upon deletion of the account, the account management agreement between the User and the Company is terminated. Deleting an account does not affect the Company's claims arising before the account is deleted.
17. The User Account is non-transferable, except for the transfer made by the User to another entrepreneur of the rights and obligations related to running the company or its part in the form indicated in the provisions of generally applicable law.

§4 SERVICES

1. The Company enables Cleane.app Users to maintain a User account, mediates in obtaining orders for the delivery of Cleaning Packages and mediates in the handling of payments for deliveries made and provides Users with a system of filing and handling complaints.
2. Through Cleane.app, Contractors offer Clients the delivery of Cleaning Packages in Standard or Standard+ options. The Company mediates in the conclusion of contracts between Clients and Contractors and in the operations of payment of remuneration between them.
3. The Company makes available in the Application the scope of Standard and Standard+ services as of the date of placing the order for the delivery of the Cleaning Package.
4. Through Cleane.app, clients can also order additional services – ironing, laundry, cleaning the oven, cleaning the interior of cabinets, cleaning the interior of the refrigerator, washing windows from the inside.
5. The Contractor declares his/her readiness to deliver the Cleaning Package in the area of his/her choice and within a specified period via the calendar provided in the Application. Declaring readiness to perform the delivery, the Contractor shall commission the Company to publish an offer to deliver the Cleaning Package.
6. For an important reason, the Contractor may withdraw the declaration of readiness to deliver the Cleaning Package at any time.
7. The Contractor is not obliged to perform deliveries and provide services not ordered via Cleane.app. In the event of an intention to order additional supplies or services, the Client may purchase additional time in the Application.
8. By indicating its availability in a specific area of cleaning services on certain dates, the Contractor declares, that he/she has the ability to conclude and perform contracts for the delivery of the Cleaning Package with Clients and takes responsibility for its proper performance.

§5 PROCEDURE OF ORDER

1. Cleaning Package Delivery Orders via Cleane.app can be made on daily basis, around the clock.
2. In order to order the delivery of the Cleaning Package via Cleane.app, the Client provides the data of the property (city, postal code, street, building and premises number, floor) and its characteristics (number and type of rooms in the property, having pets, comments, code to the gate) and indicates the date and time of delivery.
3. In the case of providing by the Client unreliable data regarding the premises to which the service relates, the Contractor will perform delivery only to the extent specified in the order, in particular, when the Client indicates a different from the actual condition of the property and a different number of rooms in the premises.
4. The Client who orders the delivery of the Cleaning Package without prior registration of the account shall provide information about the status of the consumer or its absence.
5. The Client may assign property data to his/her profile and create a Real Estate Card that will be remembered in the Application.
6. The application displays clients delivery dates in a given area that are available to choose.
7. The Client is responsible for the information included in the order for the delivery of the Cleaning Package, in particular in terms of the properties and characteristics of the premises, including their truthfulness, reliability and legality. The content of this information must not mislead potential Contractors.
8. On the Basis of the Cleane.app algorithm, it automatically assigns the Contractor to the order made by the Client, who has the highest rating and has completed the largest number of orders via the Application and indicates his/her availability in a specific area within a specified period.
9. Cleane.app displays to the Client before the execution of the delivery order information about whether the Contractor is an entrepreneur and whether the Client therefore has rights that protect the consumer.
10. Due to the necessity to prepare the delivery of the Cleaning Package, the provision of this service begins 24 hours before the scheduled delivery date.
11. Before placing an order for the delivery of the Cleaning Package, the Client is informed and acknowledges that after the performance of the service by the Entrepreneur, he/she will lose the right to withdraw from the contract for the delivery of the Cleaning Package, to which he/she should give consent. Failure to give consent results in the inability to conclude a contract for the delivery of the Cleaning Package.
12. Placing an order occurs after the Client presses the „Order and pay” button.

13. Upon acceptance of the order by the Contractor, the Client concludes a contract with the Contractor for the delivery of the Cleaning Package. Confirmation of order acceptance will be displayed in the Application or sent to the Client to the e-mail address. Confirmation of acceptance of the service order is for information purposes only.
14. After accepting the order for cleaning services, the Client pays via the Stripe platform remuneration for the service.
15. The Client may cancel the order for the delivery of the Cleaning Package no later than 24 hours before the selected date of its delivery. In this case, the entire remuneration paid by the Client is automatically refunded.
16. In case of cancellation of the Cleaning Package delivery order later than 24 hours before the date and time of delivery of the Cleaning Package, the remuneration paid by the Client will not be refunded.
17. The Company is not a party to the contracts for the delivery of the Cleaning Package concluded between the Client and the Contractor and is not responsible for the proper performance of this contract by any of the parties. Any claims arising from the non-performance or improper performance of this contract can only be asserted from the other party to this contract (Contractor or Client).
18. After the delivery is made, the Client within 24 hours from the moment of its completion confirms in the Application the fact of its performance or submits a complaint.
19. After the delivery of the Cleaning Package, the Client may add an assessment and opinion on the quality of the delivery in the Contractor's profile. When issuing an assessment and opinion, the Client should take into account the quality of the service, accuracy, timeliness of the Contractor. The ratings are visible to all users. The opinion and evaluation are assigned to a specific Contractor and a specific service. The evaluation and the content of the opinion are available to the Contractor to whom they relate and to the Company.
20. The Company is entitled to remove the opinion or assessment in the event that it violates the provisions of the Terms and Conditions, has been issued by mistake or violates applicable law, in particular violates personal goods, is defamatory or constitutes an act of unfair competition.

§6 PAYMENTS

1. The remuneration for the delivery of the Cleaning Package displayed to the CLIENT in the Application is gross remuneration and includes the total cost of delivery, including the Company's commission. The remuneration is always displayed in the Application before placing the order.
2. The amount of remuneration for the delivery of the Cleaning Package by the Contractor is determined by the Company and it is uniform for a specific area.
3. The client can choose one of the payment options offered by the Stripe system.
4. The Company reserves the right to introduce other forms of payment for orders made, as well as temporary or permanent suspension or blocking of a specific form of payment without the need to introduce changes to Terms and Conditions.
5. After payment made by the Client, Stripe collects funds from his/her bank account and automatically sends him/her a confirmation of payment to the e-mail address indicated by him.
6. The remuneration paid to the Contractor for the performance of the delivery ordered via Cleane.app is reduced by the amount of commission remuneration in the amount specified by the Company as at the date of confirmation of the order for the delivery of the Cleaning Package by the Contractor.
7. The amount of the commission charged by the Company from the Contractor is 15% of the gross remuneration of the Contractor due to him/her for the performance of the delivery. In the event that the Client enters a discount code received from the Company, the commission charged by the Company from the Contractor shall be reduced accordingly.
8. Remuneration for delivery minus the commission is visible on the sub-account assigned to the Contractor and is transferred to it by the Company via the Stripe system within the period of 7 days from the date of delivery, unless the client has filed a complaint. By accepting the Terms and Conditions, the Contractor gives consent to the described system of settlements with the Company and charging commission by it.
9. In the absence of approval of the delivery by the User and in the absence of a complaint, the remuneration for the delivery is transferred to the sub-account of the Contractor within 24 hours from the end of the delivery of the Cleaning Package.
10. Any public-law receivables (taxes, fees, social security contributions and others) that arise or may arise from the receipt of remuneration for the delivery of the Cleaning Package made through Cleane.app shall be borne by the Contractor. The remuneration paid to the Contractor is gross remuneration.
11. In order to receive a VAT invoice, the Client should indicate the NIP number in the Cleane.app Customer profile before placing the order. The VAT invoice is sent to the Client to the e-mail address indicated by him/her.
12. In the case of resignation of the User it receives a document confirming the return from the Company within 7 days from the date of the occurence of event. In case of resignation, the revenue document should be treated as invalid.
13. After the end of each billing month, the Company sends the Contractor a summary invoice for the commissions charged to the e-mail address indicated by him/her. The remuneration of the Contractor is reduced by the amounts of returns or cancellations of orders from the previous settlement period that have not been previously settled.

§7 OBLIGATIONS OF USERS

1. The client is obliged to:
   a) making available the premises to the Contractor within the time limit chosen as the delivery date
   b) making available the premises to the Contractor in a state not posing threat to the life or health of the Contractor, in particular in an appropriate technical and sanitary condition and in the absence of persons being under the influence of alcohol or intoxicants,
   c) if the delivery was made in proper manner– acceptance of its performance within 24 hours from the moment of its completion,
   issue assessments to Contractors corresponding to the actual level of services provided by them.
2. In the event of non-performance by the Client of the obligations set out in par. 1 The Contractor is entitled to refuse or interrupt the performance of the service with the right to full remuneration.
3. The contractor is obliged to:
   a) making deliveries on dates ordered by Clients during the availability declared by them in a given area, and,
   b) the current familiarization with the instructions for making deliveries provided in the Application, and,
   c) perform deliveries with due diligence and in accordance with the instructions for making deliveries provided in the Application, and,
   d) respect for property in premises to which deliveries are made,
   e) to cover any material losses arising in the property of the Client due to his/her fault, and,
   f) not to use Clients data for purposes not related to the execution of deliveries ordered through Cleane.app

§8 COMPLAINTS

I. COMPLAINTS REGARDING THE CONTRACT FOR DELIVERY OF THE CLEANING PACKAGE

1. In the event of non-performance or improper performance of delivery by the Contractor, the client is entitled to file a complaint via the Application.
2. The complaint may be lodged within 24 hours of the performance or non-performance of the delivery. If the complaint is not filed within this period, the Client loses the right to submit it. In the complaint, the Client indicates the reasons for its submission along with the justification.
3. The complaint may only apply to deliveries and services ordered through Cleane.app.
4. The Contractor receives information via the Application about filing a complaint.
5. The Contractor has the right to refer to the allegations contained in the complaint within 24 hours from the moment of receiving information about lodging the complaint.
6. Until the complaint is resolved by the Company, the Contractor may, through the Application, recognize the legitimacy of the complaint and the Client may withdraw the complaint.
7. The company decides on recognition, partial recognition or non-recognition of the complaint within 48 hours from the date of presentation of explanations by the Contractor or in the event of failure to provide explanations within 24 hours from the date of expiry of the deadline for their presentation.
8. If the complaint is accepted, the Client receives a full refund of the remuneration paid. In the event of partial recognition of the complaint, the Client receives a discount code from the Company for the next delivery or a partial refund of the remuneration paid. In case of non-recognition of the complaint, the remuneration is paid to the Contractor.

II. REKLAMACJE W ZAKRESIE UMOWY O ŚWIADCZENIE USŁUG DROGĄ ELEKTRONICZNĄ ZAWIERANEJ ZE SPÓŁKĄ

1. In case of non-performance or improper performance of services by the Company as well as in the case of improper functioning of the Application, the User is entitled to lodge a complaint.
2. The complaint can be submitted in writing or electronically by sending it to the following address: support@cleane.app .
3. The complaint should contain the User's data (at least an e-mail address), a description of the circumstances justifying it and the request of User.
4. The Company confirms receipt of the complaint and recognizes it within 14 days of receipt.
5. If the Company needs to obtain other information regarding complaints other than those contained therein, the Company will contact the User to supplement this information.
6. The Company sends a response to the complaint to the e-mail address indicated by the User.
7. Information on the possibility of using by the User who is a consumer out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the websites of district (urban) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:

1. https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
2. https://www.uokik.gov.pl/sprawy_indywidualne.php
3. http://www.uokik.gov.pl/wazne_adresy.php

8. The user being a consumer has the following, exemplary possibilities of using extrajudicial means of dealing with complaints and pursuing claims:

a. make request to a permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2020, item 1706 as amended), with a request to settle a dispute arising from the contract,

b. request the voivodeship inspector of the Trade Inspection, in accordance with article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2020, item 1706 as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute arising between the consumer and the Company or the consumer and another User.

11. User who is a consumer may obtain free of charge assistance in resolving a dispute between him/her and the Company or between him/her and another User, also using the free of charge assistance of a district (municipal) consumer ombudsman or social organization, which statutory tasks include consumer protection.

§9 WITHDRAWAL FROM CONTRACT

1. The consumer or entrepreneur having consumer rights may withdraw from the contract of delivery of the Cleaning Package concluded with the Contractor within 14 days from the date of its conclusion. In the case of exercising the right of withdrawal, the contract is considered not concluded. The model statement on withdrawal from the contract is attached as Appendix no. 1 to the Terms and Conditions. Withdrawal from the contract may also occur by selecting the appropriate option indicated in Cleane.app, by sending a message containing a statement of withdrawal via e-mail or in writing.
2. By accepting the Terms and Conditions, the Contractor declares that he/she is aware that the Client may exercise the right to withdraw from the contract for the delivery of the Cleaning Package.
3. The User who is a consumer may withdraw from the contract for the provision of services electronically concluded with the Company within 14 days from the date of its conclusion. In the case of exercising the right of withdrawal, the contract is considered not concluded. The right to withdraw is not entitled to the User who has any receivables from the use of the Application towards the Company. The model statement on withdrawal from the contract is attached as Appendix no. 1 to the Terms and Conditions. Withdrawal from the contract may also take place by selecting the appropriate option indicated in Cleane.app, by sending a message containing a statement of withdrawal via e-mail or in writing.

§10 DELETION OF ACCOUNT

1. After making registration of an account in the Application, the User may delete it at any time without giving any reason.
2. In order to delete the account, the User should select the appropriate option in the account panel.

§11 OTHER PROVISIONS

1. Contractors offering cleaning services through Cleane.app are not employees of the Company and make deliveries on their own account and on their own responsibility. Each User is obliged to make settlements of revenues obtained through the Application on their own.
2. In the event that the Contractor who delivers the Cleaning Package is not an entrepreneur to the contract for the delivery of the Cleaning Package, the provisions regarding consumers shall not apply.
3. The Company is not liable for the proper operation of the Stripe payment system.

4. In the event of a gross or frequent violation of the Terms and Conditions by the User, the Company is entitled to suspend or block the User's account.
5. The Company enables the User to receive information about current promotions and new products or services via e-mail. In order to receive the above-mentioned information, the User should previously give consent to receive them by checking the appropriate consent window. Selecting the window of consent to receive commercial information via e-mail is not mandatory, and the consent granted may be withdrawn at any time.
6. The Company declares that all messages and materials contained in the Application are subject to the protection provided for in the act of 4 February 1994 on copyright and related rights. The User is entitled to use them only for fair personal use. The Company does not give consent to any copying, reproduction, distribution and other use of materials and messages placed in the Application that goes beyond the limits permitted by law.
7. A final decision declaring the invalidity of one of the provisions of the Terms and Conditions does not affect the validity of it's other provisions.
8. The law applicable to the contract for the provision of services electronically concluded between the User and the Company is Polish law.
9. The Company reserves the right to make changes to the Terms and Conditions at any time, after informing the User about this fact no later than 15 days before its change.
10. The Company will inform the User about any change to the Terms and Conditions and the possibility of its acceptance by sending him/her a message to the e-mail address indicated by him/her and displaying an alert after logging in to the Application. Any changes to these Terms and Conditions will also be published in the Application.
11. In matters not regulated by the Terms and Conditions Polish law shall apply.
12. Terms and Conditions come into force on 29.04.2024

Attachment nr 1

                                                                                                             ______, date _______

WITHDRAWAL FORM FROM THE CONTRACT OF DELIVERY OF THE CLEANING PACKAGE

I, the undersigned / signed _______________________ (name and surname), inform about the withdrawal from the contract for the provision of cleaning services ordered via Cleane.app. The service was ordered on _______ with a deadline of _________ (date).

________________________

(signature of consumer)

Attachment nr 2

                                                                                                             ______, date _______

FORM OF WITHDRAWAL FROM THE CONTRACT

FOR THE PROVISION OF SERVICES ELECTRONICALLY

I the undersigned / signed ________________________ (name and surname) inform about the withdrawal from the contract for the provision of services electronically.

________________________

(signature of consumer)