Terms of Use

1. Acceptance of Terms

By accessing or using Congusto Connect, a computerized maintenance management system (CMMS) operated by Congusto Cleaning Services ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, you may not access or use Congusto Connect.

These Terms, together with our Privacy Policy andData Collection Disclosure, constitute the entire agreement between you and Congusto Cleaning Services regarding your use of Congusto Connect. We reserve the right to modify these Terms at any time, with changes effective upon posting. Your continued use after changes constitutes acceptance.

2. Eligibility and Account Access

Congusto Connect operates on an invitation-only basis. Access is granted exclusively through an invitation from an authorized administrator. You must:

• Be at least 18 years of age and legally capable of entering binding agreements
• Have received a valid invitation from a Congusto Connect administrator
• Provide accurate, current, and complete information when setting up your account
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized use of your account or security breach
• Not share your account credentials with any other person

You are solely responsible for all activity that occurs under your account, including actions taken by others who access your account due to your failure to maintain credential security.

3. User Roles and Responsibilities

Congusto Connect supports multiple user roles, each with specific responsibilities:

3.1 Owners & Managers

• Ensure accurate and complete client, subcontractor, and work order data
• Manage user invitations and role assignments responsibly
• Monitor compliance documentation and address expirations promptly
• Maintain appropriate billing rates and financial records
• Protect confidential business information accessible through the platform

3.2 Dispatchers

• Assign work orders accurately and ensure scheduling feasibility
• Communicate schedule changes promptly to affected parties
• Verify subcontractor qualifications before assignment to jobs
• Respond to workflow events (approvals, rejections, escalations) in a timely manner

3.3 Subcontractors / Vendors

• Accurately report check-in and check-out times for assigned work orders
• Submit truthful documentation, including before/during/after photos and invoices
• Maintain current insurance, licensing, and compliance documents as required
• Accept or decline work order assignments within the specified timeframe
• Comply with all applicable safety regulations, labor laws, and site-specific requirements
• Not misrepresent the status, quality, or completion of work
• Maintain professional conduct in all platform communications

3.4 Clients

• Provide accurate property and contact information
• Review and approve or dispute work order completions in a timely manner
• Ensure safe access to job sites for subcontractors

4. Independent Contractor Status & Check-In/Check-Out Disclaimer

The check-in/check-out functionality within Congusto Connect is provided solely for service verification purposes — specifically, to confirm that cleaning services were delivered at the correct location at the scheduled time. This functionality:

• Does NOT establish an employer-employee relationship between Congusto Cleaning Services and any subcontractor or vendor
• Does NOT constitute time-tracking, timekeeping, or payroll tracking for employment purposes
• Does NOT create any right to employee benefits, workers' compensation, unemployment insurance, or other employment-related entitlements
• Does NOT imply that Congusto Cleaning Services exercises control over the manner, method, or means by which subcontractors perform their work
• Is used exclusively to verify that contracted services were performed at the designated location and time as agreed upon in the independent contractor relationship

Subcontractors retain full control over their tools, methods, schedules (subject to agreed-upon service windows), and manner of performing contracted services. The relationship betweenCongusto Cleaning Services and subcontractors is governed by separate independent contractor agreements and is not modified or superseded by these Terms or the use of Congusto Connect.

GPS location data collected during check-in/check-out is used solely to confirm service delivery at the client's designated property and is not used to monitor or track subcontractors' movements outside of active service verification.

5. Acceptable Use Policy

Congusto Connect is provided exclusively for managing commercial cleaning operations. You agree to use the platform only for its intended purpose and in compliance with all applicable laws. You agree NOT to:

• Use Congusto Connect for any unlawful purpose or in violation of any federal, state, or local laws
• Attempt to gain unauthorized access to any part of the platform, other users' accounts, or connected systems
• Interfere with, disrupt, or attempt to compromise the security or operation of the platform, servers, or networks
• Upload malicious code, viruses, ransomware, or other harmful content
• Scrape, data mine, or use automated tools to extract data from the platform
• Share your account credentials with unauthorized individuals
• Use the platform to harass, abuse, threaten, or discriminate against other users
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of Congusto Connect
• Resell, sublicense, redistribute, or commercially exploit access to Congusto Connect
• Falsify check-in/check-out data, work order status, or other operational records
• Upload fraudulent invoices, manipulated photos, or falsified compliance documents
• Use the messaging system for spam, unsolicited advertising, or non-business communications

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without prior notice.

6. User Content and Intellectual Property

You retain ownership of the content you submit to Congusto Connect ("User Content"), including work order descriptions, photos, documents, invoices, messages, and attachments. By submitting User Content, you grant Congusto Cleaning Services a non-exclusive, worldwide, royalty-free license to use, store, process, reproduce, and display your content solely for the purpose of operating, improving, and providing Congusto Connect services.

You represent and warrant that:

• You own or have the necessary rights and licenses to submit all User Content
• Your User Content does not infringe on the intellectual property rights, privacy rights, or other rights of any third party
• Your User Content does not contain illegal, harmful, defamatory, or offensive material
• Photos and documents submitted are authentic and have not been materially altered to misrepresent conditions

7. Company Intellectual Property

Congusto Connect, including its name, logos, design, user interface, features, documentation, APIs, and underlying technology, is the exclusive property of Congusto Cleaning Services and is protected by copyright, trademark, trade dress, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property. You may not use our trademarks, logos, or branding without prior written consent.

8. Service Availability and Modifications

We strive to maintain Congusto Connect's availability but do not guarantee uninterrupted, error-free, or continuous access. We may:

• Temporarily suspend access for scheduled or emergency maintenance
• Modify, update, or discontinue features with or without notice
• Implement changes to enhance security or comply with legal requirements

We are not liable for any loss, damage, or inconvenience arising from service interruptions, modifications, or discontinuation.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

CONGUSTO CLEANING SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Costs of procurement of substitute services
• Property damage arising from or related to your use of Congusto Connect
• Personal injury or emotional distress
• Loss of goodwill or reputation
• Any damages arising from unauthorized access to your data

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO CONGUSTO CONNECT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Disclaimer of Warranties

CONGUSTO CONNECT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) CONGUSTO CONNECT WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) RESULTS OBTAINED WILL BE ACCURATE OR RELIABLE; OR (D) DEFECTS WILL BE CORRECTED.

11. Indemnification

You agree to indemnify, defend, and hold harmless Congusto Cleaning Services, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• Your use of or access to Congusto Connect
• Your violation of these Terms or any applicable law
• Your violation of any rights of a third party, including intellectual property, privacy, or contractual rights
• Your User Content, including any claims that it infringes third-party rights
• Any dispute between you and a subcontractor, client, or other platform user
• Falsification of records, check-in/check-out data, or compliance documents

This indemnification obligation shall survive termination of your account and these Terms.

12. Account Termination

We may suspend or terminate your access to Congusto Connect at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or the Acceptable Use Policy
• Falsification of check-in/check-out data, invoices, or compliance documents
• Failure to maintain required insurance or licensing documentation
• Repeated failure to accept or complete assigned work orders
• Abusive, threatening, or discriminatory conduct toward other users
• Extended account inactivity (12+ months)
• At the request of your administrator (Owner/Manager)
• Discontinuation of the Congusto Connect platform

Upon termination, your right to use Congusto Connect ceases immediately. Provisions that by their nature should survive termination (including Sections 6, 9, 10, 11, and 13) shall remain in full force and effect. We may retain certain data as described in our Privacy Policy.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Informal Resolution

Before initiating formal dispute resolution, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute within 30 days of receiving your notice.

13.3 Binding Arbitration

If informal resolution fails, any dispute arising under or in connection with these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in San Diego County, California, under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive the right to participate in a class action lawsuit or class-wide arbitration.

13.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

14. General Provisions

14.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

14.2 Entire Agreement

These Terms, together with our Privacy Policy and any applicable independent contractor agreements, constitute the entire agreement between you and Congusto Cleaning Services regardingCongusto Connect and supersede all prior agreements, understandings, and communications.

14.3 Waiver

The failure of Congusto Cleaning Services to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

Congusto Cleaning Services shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, pandemics, government actions, internet outages, or third-party service failures.

15. Contact Information

For questions about these Terms, please contact: