Terms and Conditions of Use of “UCLEANY”

This document (“General Conditions”) governs the terms and conditions of use of the UCLEANY platform, accessible via the website at www.UCLEANY.com and the mobile application downloadable from the major Google Play Store and Apple App Store (the “Platform”), and regulates the services offered to users through the Platform (collectively referred to as “Users” and each of them also “User”) by Kual S.r.l. (VAT no. 17866361003), a company with registered office in Rome, at Via delle Montagne Rocciose no. 31 (“KUAL”).

Access to the Platform is via the website, downloading and installing the mobile application, or using other connection tools. By using any of the features offered by the Platform or by expressing consent and acceptance by checking a box or clicking a virtual button with the wording “I accept”, “I declare” or similar, the User declares that he or she has fully understood and accepted the General Conditions and has read the privacy policy (“Privacy Policy”) accessible at the web address www.UCLEANY.com (“Website”).

1. Object

Through the Platform, KUAL offers Users a tool to search for, compare, purchase, and pay for laundry, car wash, house cleaning, and pet grooming services (“Services”) offered by independent providers (“Providers”). It is understood that KUAL operates the Platform. Access to the Platform is subject to installation of the UCLEANY application on mobile devices compatible with Android and iOS operating systems. Detailed technical specifications for installing the UCLEANY application are available on the Website. Use of the Platform requires an internet and/or mobile connection, the costs of which are entirely borne by the User, based on the contractual agreements in place with their provider. KUAL is not responsible for any additional costs or fees imposed by digital stores (Google Play Store, Apple App Store) for downloading the application. Furthermore, KUAL makes no guarantees regarding the compatibility of the Platform with all mobile devices and/or the specific hardware used by individual Users. as a technological intermediary and manages, directly or through third parties and on behalf of the Suppliers, the collection of the amounts owed by the User.

2. User and Authentication

        1. Access to the Platform requires the installation of the UCLEANY application on mobile devices compatible with Android and iOS operating systems. Detailed technical specifications for installing the UCLEANY application are available on the Website. Use of the Platform requires an internet and/or mobile connection, the costs of which are entirely borne by the User, based on the contractual agreements in place with their provider. KUAL is not responsible for any additional costs or fees imposed by digital stores (Google Play Store, Apple App Store) for downloading the application. Furthermore, KUAL makes no guarantees regarding the compatibility of the Platform with all mobile devices and/or the specific hardware used by each User. Use of the Platform requires an internet and/or mobile connection, the costs of which are entirely borne by the User, based on the contractual agreements in place with their provider.
        2. Use of the Platform is permitted only to persons over 18 years of age, in full possession of their abilities, and who intend to use the Platform for strictly personal, non-commercial purposes. The User guarantees that they have the legal capacity to use the features offered by the Platform.
        3. To access the Platform and use its features, the User must complete the registration process via the YOUCLEAN application or the Website. During registration, the User will be asked to provide certain personal information, such as, but not limited to, first name, last name, email address, and a valid mobile number. The User guarantees that all information provided is accurate, complete, and truthful, and it is their sole responsibility to keep their registration data constantly updated, modifying it directly via their account settings.
        4. KUAL reserves the right to verify the data provided by the User and to deny registration and/or authentication if the User does not comply with KUAL standards, engages in conduct contrary to applicable laws and/or regulations, or has been previously excluded from the Platform due to prior improper conduct. It is understood that KUAL makes no representations or warranties regarding the suitability, accuracy, truthfulness, or reliability of the information entered by the User, and declines all liability for damages resulting from inaccuracies, errors, or omissions.
        5. Upon completion of registration, KUAL will provide the User with the option to create a password, which, along with the User’s email address or other identifier chosen by the User, will constitute the login credentials for the Platform. These credentials are and must remain strictly personal, confidential, and non-transferable to third parties. The User is solely responsible for the safekeeping, confidentiality, and all activities conducted through their account using the aforementioned login credentials, as well as for any further and possible consequences arising from or related to their use, loss, or disclosure to third parties, even if this occurs through no fault of the User.
        6. In any case, the User is prohibited from being replaced, even temporarily, in using the Platform. Any activity or transaction performed through the User’s account will be entirely attributable to the User. Accordingly, the User agrees to indemnify and hold KUAL harmless from any claim or demand, from any party, arising from the use or abuse of the Platform using the User’s login credentials or device.
        7. KUAL reserves the right to terminate or suspend the User’s access to and/or use of the Platform at any time, at its sole discretion and without notice, if it suspects conduct contrary to the provisions of the General Conditions and/or applicable law. Such termination or suspension will not entail any liability for KUAL.

3. Services

    1. The User acknowledges and agrees that KUAL operates the Platform exclusively, facilitating matching between Users and Providers. The publication of Services on the Platform does not constitute a recommendation and/or endorsement by KUAL of the Providers and Services. Providers are and remain autonomous and independent entities, solely responsible for their own activities and the Services offered through the Platform.
    2. KUAL is not a direct service provider, nor an agent, employee, or business partner of the Providers. Consequently, KUAL makes no representations or warranties regarding the quality, suitability, availability, or compliance with laws and regulations of the Services and/or Providers, nor regarding the accuracy, truthfulness, and reliability of the content of the listings published on the Platform (collectively, “Listings” and individually, “Listing”). KUAL disclaims any liability for any damages resulting from inaccuracies, errors, or omissions in the information provided by Providers and/or contained in the Listings, including details of the Services, prices and fees applied (including surcharges, taxes, and/or discounts), and any other terms or conditions published on the Platform.
    3. Consequently, KUAL disclaims any liability for the actions, omissions, errors, representations, warranties, breaches, or gross or slight negligence of Providers or third parties relating to the Listing, the Services, and their use. The User expressly releases KUAL from any and all claims arising from personal injury, death, material or immaterial damages, direct or indirect, or expenses of any nature, that may arise as a result of the provision or failure to provide the Services by Providers. By way of example and without limitation, KUAL is not responsible for:
    4. Laundry and Dry Cleaning Services: partial or total loss and/or damage to garments (including valuable or delicate items), defects or damage to garments resulting from pre-existing conditions not disclosed by the User (e.g., wear and tear, manufacturing defects, unstable dyes, fragile buttons or accessories), loss or damage to items left inside garments.
    5. Vehicle Washing Services: Theft, loss, or damage to vehicles and/or personal items left unattended inside or outside vehicles, damage to vehicle bodywork, interiors, and/or components, whether pre-existing or subsequent to the provision of the Services.
    6. Housekeeping Services: Theft or attempted theft within the home, damage to objects, furniture, or surfaces.
    7. Animal Grooming Services: Accidents, illnesses, serious injuries, or death of the animal resulting from the Services.
    8. For certain Services, the option of delivering or collecting goods (“Collection/Delivery Services”) may be available through the use of third-party, independent riders (“Riders”). The User acknowledges and agrees that Riders operate completely independently of KUAL, which is not a provider of the Collection/Delivery Services or other transportation and logistics services, nor is it an agent, employee, or business partner of the Riders or the third-party logistics companies on which the Riders depend. The contractual relationship relating to the Collection/Delivery Services is established directly between the User and the Supplier commissioning the transportation, or, in specific cases and where explicitly indicated, directly between the User and the Rider or third-party logistics company. KUAL, therefore, does not provide any type of representation, guarantee, or assumption of liability regarding the quality, suitability, availability, or compliance with laws and regulations of the Collection/Delivery Services and/or Riders.
    9. As a result of the above, KUAL declines all liability for the actions, omissions, errors, negligence, intentional or negligent conduct of Riders, as well as for events such as, but not limited to: (i) loss, partial or total damage, or theft of goods covered by the Pickup/Delivery Services; (ii) delays, failure to perform, or improper performance of the Pickup/Delivery Services; and (iii) any physical or material damage caused by the Rider to persons or property owned by the User or third parties during the performance of the Pickup/Delivery Services. The User, therefore, expressly releases KUAL from any claim for compensation, request for indemnity, or action relating to the aforementioned events and any other event directly or indirectly connected to the Pickup/Delivery Services.
    10. In the event of problems, complaints or disputes relating to the Pickup/Delivery Services or, more generally, to the Rider’s conduct, the User must contact the Supplier who commissioned the transport directly or, if indicated, directly the Rider or the third-party logistics company on which the Rider depends. KUAL may, at its sole discretion, provide assistance in communicating or resolving.

4. Booking Services and Other Platform Features

        1. The Platform allows the User to search for Services offered by Suppliers using various criteria, such as, but not limited to, service type and Pickup/Delivery option, location, time availability, price range, and reviews of the Services and/or Suppliers. KUAL does not guarantee the constant availability of Services, Pickup/Delivery Services, Suppliers, and/or Riders in every geographic area and/or at any time.
        2. Once the desired Service has been selected, the User can send an order request to the Supplier via the Platform. This request will include, but not limited to, details relating to the Service and, if applicable, Pickup/Delivery Services, including the preferred date, time, and location for delivery, as well as any other information relevant to the provision of the Service and, where applicable, Pickup/Delivery Services. In some cases, the User may also book Services on a recurring basis (e.g., weekly, monthly, etc.), and the conditions applicable to the recurring period (e.g., changes, cancellations, payments) will be detailed on the Platform or agreed upon directly with the Provider. The User also has the option to submit, using a dedicated space available on the Platform, specific instructions, notes, or special requests regarding the Services and/or Pickup/Delivery Services. In this case, the User assumes full and exclusive responsibility for the clarity, legality, feasibility, and accuracy of such instructions, ensuring that they do not entail additional risks or charges not previously agreed upon with the Provider and/or Rider. KUAL declines all responsibility for any damages, disruptions, misunderstandings, or failure or incorrect performance of the Service and/or Pickup/Delivery Services resulting, directly or indirectly, from the instructions submitted by the User.
        3. By submitting an order request, the User declares that they have read and fully accept the terms of use, conditions, payment methods, and any other additional terms indicated by the Supplier and/or the Rider and/or contained in the Listing and in the description of the Service and/or Pickup/Delivery Services. However, receipt of the order request by the Supplier does not automatically constitute acceptance of the order. The order is considered finalized only when the Supplier sends, via the Platform and/or another available method (for example, via email notification or other available method), an explicit confirmation of the Service and, if applicable, the Pickup/Delivery Services.
        4. The purchase of the Service via the Platform is finalized directly between the User and the Supplier, as KUAL will act exclusively as an agent for the sale of the Services, limiting itself to facilitating the meeting between the parties and managing, directly or through third parties, the financial transaction.
        5. The cancellation and/or modification policies for orders, both by the User and the Provider, are available in the Listing or at the time of ordering. The User is required to review these conditions before submitting a Service order request. Cancellations or modifications made by the User after the deadline or in a manner not compliant with the terms indicated in the Listing may result in penalties or the total loss of the prepaid amount. It is understood that KUAL is not responsible for any damages or inconveniences suffered by the User as a result of such cancellations or modifications.
        6. Any dispute, claim, or controversy by the User regarding the order, conditions, quality, performance, or non-performance of the Services must be addressed directly to the Provider, who is and remains solely responsible for the Services. KUAL shall have the right, but not the obligation, to provide tools or communication channels to facilitate contact between the User and the Supplier, without, however, assuming any obligation or responsibility regarding the outcome of the dispute or any damages suffered by the User.
        7. KUAL offers the User the opportunity to express, via the Platform, ratings and reviews regarding the Services received from the Suppliers (“Reviews”). The User undertakes to provide Reviews that are truthful, objective, not misleading, and, in any case, relevant to the Service actually received. The User further acknowledges and agrees that the Reviews: (i) must comply with the General Conditions; (ii) must not contain content that violates and/or encourages the violation of laws, regulations, third-party rights, or is contrary to public order or morality; in particular, the publication of content

5. Prices and Payment

        1. The prices of the Services and/or Pickup/Delivery Services are indicated in the Listings and may vary depending on various factors, including but not limited to the type of service requested, the location of the service, the inclusion of Pickup/Delivery Services, and other specific conditions. These prices may include taxes, fees, additional costs, and/or discounts, as specified in the Listing. Any additional costs resulting from specific requests by the User or changes agreed upon with the Supplier after the order has been confirmed must be managed and paid directly with the Supplier, unless otherwise specified on the Platform.
        2. Payment for the Services (including Pickup/Delivery Services) is made using the payment methods made available by the Platform, which may include credit/debit cards, digital wallets, or other electronic payment instruments. To manage transactions, KUAL uses third-party payment service providers, and the User agrees that payment processing is subject to the terms and conditions of use established by such third-party providers.
        3. The price of the Services (including any Pickup/Delivery Services and other costs and charges indicated in the previous Section 5.1) is generally charged upon confirmation of the order by the Provider or, if provided for in the Listing, at a later time but in any case before the Service and/or Pickup/Delivery Services are provided. For recurring Services, the charge will be made with the frequency and deadlines established and accepted by the User when submitting the order request. After payment of the price for the purchased Service (including any Pickup/Delivery Services and other costs and charges indicated in the previous Section 5.1), the relevant invoice, if requested by the User, will be issued by the Provider and sent to the User via the Platform.
        4. In any case, KUAL is not liable for any additional charges that may be requested by the Supplier after the purchase of the Services (including any Pickup/Delivery Services) has been finalized through the Platform.
        5. In the event of non-payment, late payment, partial payment, or incomplete payment for the Service and/or Pickup/Delivery Services and the other costs and charges indicated in Article 5.1 above, KUAL reserves the right to suspend or terminate the User’s access to the Platform and/or its features, without prejudice to the Supplier’s right to refuse to provide the Service or to suspend it and to take action to recover the related credit. Any penalties or late payment interest will be applied in accordance with applicable law and/or the specific contractual conditions indicated in the Listing.

6. Warranties and Indemnities

        1. KUAL’s obligations are based on means and not results. Therefore, KUAL assumes no obligations beyond those expressly provided for in the General Conditions, nor does it provide any guarantee, express or implied, regarding the quality, suitability, availability, or fitness for a specific purpose of the Platform, the Services, and the Pickup/Delivery Services, nor any other implied guarantees arising from practice and/or commercial usage.
        2. KUAL guarantees:
        3. – that it possesses all rights necessary to fulfill the obligations undertaken under the General Conditions;
        4. – that it possesses the necessary experience, expertise, and technology to make the Platform and its features available to the User;
        5. – that it will use reasonable efforts to comply with the laws, regulations, and provisions applicable to the Platform, including those regarding the protection of personal data.
        6. KUAL does not guarantee that access to the Platform and its features will be uninterrupted or error-free and will use reasonable financial and technical means to identify and/or correct any errors, malfunctions, and/or defects in the Platform and its features. However, KUAL cannot be held liable for any detrimental consequences or damages, direct or indirect, that may arise to the User due to malfunctions, interruptions, errors, or problems of any kind, even temporary, attributable to the Platform. In particular, KUAL declines all liability for damages resulting from (i) interruptions and/or errors in the Platform and its features; and/or (ii) activities of any kind carried out by Users, including illegal or fraudulent conduct; and/or (iii) viruses, cyber attacks, loss of data of any kind, and/or damage to the hardware or software used by the User to access the Platform; and/or (iv) problems related to the payment details entered by the User.
        7. KUAL reserves the right, at its sole discretion, to update, interrupt, modify, suspend, correct, limit access to, or disable any portion or feature of the Platform at any time, without notice and without incurring any liability or obligation for KUAL.
        8. KUAL also does not guarantee the currency, accuracy, reliability, and/or completeness of the data, information, and/or documents available on the Platform, nor the reliability of any advice, opinions, statements, or other information displayed, distributed, or otherwise made available through the Platform. Therefore, the User acknowledges and agrees that any reliance placed on such content is at his or her sole risk, releasing KUAL from any liability for any damages, direct or indirect, that may arise therefrom.
        9. The Platform may contain links or references to other third-party websites or resources. KUAL has no control over the content, privacy policies, or policies of such sites and assumes no responsibility for them. The User remains solely responsible for verifying the accuracy, completeness, and reliability of such sites and their third-party content, as well as for taking all necessary measures to protect against viruses or other destructive elements and, in any case, for complying with the terms of use applicable from time to time to the sites visited.
        10. The User agrees to indemnify and hold harmless KUAL, as well as its directors, employees, contractors, agents, and partners, from any claims, actions, demands, damages, losses, costs, and expenses (including legal fees and court costs) arising from or in connection with: (i) any violation by the User of the General Conditions, applicable laws, or regulations; (ii) improper or unlawful use of the Platform by the User; (iii) violation by the User of the rights of third parties (including Suppliers and/or Riders); and (iv) any conduct, action, or omission by the User relating to the Services or Pickup/Delivery Services.

7. Proprietary Rights

      1. The Platform, including but not limited to software, source and object code, graphical interface, design, layout, know-how, concept, operating methodologies, algorithms, databases, text, graphics, logos, icons, images, videos, and any other material or content used for the Platform, is the exclusive and protected property of KUAL, which holds all intellectual and industrial property rights. KUAL also exclusively owns the distinctive signs used for and on the Platform. Therefore, without prior written authorization from KUAL, the use, reproduction, imitation, modification, or distribution, even partial, of the Platform, its contents, or the aforementioned distinctive signs is prohibited. Furthermore, any extraction and/or reuse, even partial or insubstantial, of the contents of the databases, which constitute the result of a significant investment in quality and quantity by KUAL, is prohibited.
      2. Unless expressly authorized in advance by KUAL, it is expressly prohibited to use, reproduce, copy, distribute, modify, adapt, translate, decompile, disassemble, publish, display, or exploit in any form or for any purpose, in whole or in part, the Platform or its content. The use of metadata associated with the Platform (e.g., keyword tags) for unauthorized commercial or promotional purposes is also prohibited.
      3. Any reference to the Platform, including hyperlinks, must be authorized in advance in writing by KUAL and, in any case, must not damage the image, reputation, or brand of KUAL or the Platform.
      4. The User acknowledges that the content, information, and, more generally, the material relating to the Services offered by the Suppliers and/or the Pickup/Delivery Services via Rider, present on the Platform and, more specifically, the content of the Listings, are the property of the respective Suppliers and/or Riders, who remain solely and directly responsible for the content published in the Listings and the only parties authorized to grant any rights of use or licenses relating to such material. KUAL assumes no responsibility for the ownership of such content by the Suppliers or Riders, and the User undertakes not to use such content in violation of the rights of the respective owners.

8. Term, Withdrawal, and Termination

      1. The General Terms and Conditions are effective upon acceptance by the User and will remain in effect for an indefinite period, unless terminated at any time by either the User or KUAL by providing written notice to the other party at least thirty (30) days prior to the expected termination date. Notice of termination will be sent using the methods indicated in the contact section of the Platform or to the email address provided by KUAL and/or the address provided by the User. It is understood that termination by the User will not cancel the obligation to pay for Services and/or Pickup/Delivery Services already rendered or accepted by the Suppliers prior to termination of the relationship.
      2. Without prejudice to the provisions of the previous article, KUAL reserves the right to terminate the agreement with immediate effect and without notice, pursuant to and for the purposes of art. 1456 of the Italian Civil Code, the General Conditions will be terminated in the event of a User’s violation of the obligations set forth in Articles 2.2, 2.6, 4.7, and 7 of the General Conditions, violation of applicable laws, conduct, omissions, or behavior that, in KUAL’s sole discretion, is likely to harm the reputation, integrity, security, or proper functioning of the Platform, as well as the interests of KUAL, Suppliers, Riders, or other Users. In any case, KUAL reserves the right to seek compensation for any further damages suffered.
      3. Withdrawal or termination of the General Conditions will result in the deactivation of the User’s account, resulting in the loss of access to the Platform and any content or data stored therein, without KUAL being obligated to retain or return such content.
      4. All provisions that by their nature are intended to remain in force even after the termination of the relationship (e.g. those relating to limitations of liability, intellectual property, indemnity) will survive the termination of the General Conditions.

9. Miscellaneous

      1. KUAL reserves the right to modify the General Terms and Conditions at any time by publishing the updated version on the Platform. When finalizing a new order request or upon subsequent access to the Platform after the changes have been published, the User may be asked to explicitly accept the updated General Terms and Conditions. It is understood that, unless explicitly accepted otherwise, the General Terms and Conditions in effect at the time the order request was submitted will apply to Services (including Pickup/Delivery Services, if applicable). The User is encouraged to regularly check the Platform for any updates to the General Terms and Conditions.
      2. Any communication from the User to KUAL must be in writing and sent to the contact addresses specified in the General Terms and Conditions or in the “Contacts” section of the Platform. Communication via electronic means is equivalent to a written document and has full contractual validity, except as provided by mandatory provisions of law. The identification code contained in the electronic document, even if different from the digital signature, will be sufficient to identify the sender and authenticate the document.
      3. a. Address [•]
      4. b. Certified Email [•]
      5. c. Email [•]
      6. Should any provision of the General Conditions be deemed null and void or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be replaced by a new provision consistent with and compliant with the purposes and intent of the General Conditions.

10. Jurisdiction

  1. The General Terms and Conditions and all legal relationships arising from or connected to them are subject exclusively to the laws of the Italian State.

 2. The User expressly agrees that any dispute relating          to or connected to the General Terms and            Conditions, their execution, interpretation, and termination, shall be subject to the exclusive jurisdiction of the Court of Milan.

2. Privacy

      1. In accordance with the provisions of EU Regulation 2016/679 and Legislative Decree 196/2003, as amended by Legislative Decree 101/2018 and subsequent amendments, the personal data provided by the User will be processed by KUAL, primarily using electronic means, for the performance of the activities and purposes related to the General Terms and Conditions and on the legal basis set forth in Article 6, paragraph 1, letter b) of EU Regulation 2016/679. Any refusal or withdrawal of consent will result in the inability to use the Platform’s features. The data will be retained for the period strictly necessary to achieve the aforementioned purposes. Personal data may be disclosed to third-party companies appointed by KUAL to carry out processing operations within the scope of the aforementioned purposes and, for this purpose, appointed as data processors. KUAL may also process the personal data provided for the purpose of sending marketing communications, including electronically, regarding the services offered by KUAL, events, initiatives, news, and for commercial and promotional purposes in general. In this case, the provision of data is not mandatory and the related processing requires the User’s express consent.
      2. Pursuant to Articles 18-22 of EU Regulation No. 679/2016, each User may exercise their rights, including the right to access, modify, delete, or object to their processing for legitimate reasons or for the purpose of sending promotional material, by contacting KUAL at the following email address: [amministrazione@ucleany.com].
      3. For a more complete and detailed discussion of the processing of personal data, the User is invited to consult KUAL’s privacy policy, available in the dedicated section of the Platform. If any clause of the General Conditions is deemed null and void or unenforceable, the remaining clauses will remain in effect and the invalid clause will be replaced by a new provision consistent with and compliant with the purposes and intent of the General Conditions. For a more complete and detailed discussion of the processing of personal data, the User is invited to consult KUAL’s privacy policy, available in the dedicated section of the Platform.