Insurance & Liability Agreement
Please read and accept the following terms before continuing with OpenCleanup services.
1. Mandatory Requirement: Certificate of Insurance (COI)
To operate within the OpenCleanup platform, it is strictly mandatory for the service provider (individual or corporation) to maintain a valid General Liability insurance policy.
- COI Upload: The document must be uploaded and validated in the profile before the assignment of any contract (temporary or monthly).
- Coverage Limits: The policy must cover property damage, bodily injury, and personal liability with the minimum limits established by Florida state regulations.
- Validity: The system will automatically disable the user if the policy expires.
- Workers' Compensation (Florida Compliance): Service providers must comply with Florida's Workers' Compensation laws. If exempt, a valid Notice of Election to be Exempt must be provided.
2. Indemnification and Waiver of Liability
2.1. Nature of Service: The provider acknowledges that OpenCleanup acts exclusively as a logistical and technological facilitator. The provider is an Independent Contractor and not an employee of OpenCleanup.
2.2. Indemnification: The provider agrees to defend, indemnify, and hold harmless OpenCleanup, its officers, and employees from any claim, demand, loss, or expense (including attorney fees) arising from:
- Damage caused to the client's property during the execution of work.
- Workplace accidents suffered by the provider's personnel.
- Failure to comply with safety regulations or local ordinances.
3. Risk Mitigation Protocol (Digital Evidence)
To prevent fraudulent or erroneous claims, the application requires:
- Photographic Record: It is mandatory to take photos of the initial state of critical areas (floors, kitchens, equipment) before starting and after finishing the service.
- Incident Reporting: Any pre-existing damage observed must be reported immediately through the platform before starting work. Failure to report shifts the presumption of damage to the current provider.
4. Direct Limitation of Liability
Under no circumstances shall OpenCleanup be liable for indirect, incidental, or consequential damages resulting from the interaction between the client and the provider. The maximum liability of the platform is strictly limited to the service fees charged in the specific transaction where the incident occurred.
5. Governing Law and Severability
- Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Florida.
- Severability: If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
6. Smart Keybox 3 — Third-Party Integration
6.1. Third-Party Operator: The Smart Keybox 3 device is manufactured and operated exclusively by Igloohome, an independent third party. OpenCleanup acts solely as a technological integration platform and does not manufacture, distribute, or directly control the Smart Keybox 3 hardware or firmware.
6.2. Limitation of Liability: OpenCleanup assumes no responsibility for technical failures, connectivity issues, hardware malfunctions, or security vulnerabilities originating from the Smart Keybox 3 device or Igloohome's infrastructure.
- Service Interruptions: OpenCleanup is not liable for access disruptions caused by Igloohome platform outages or firmware updates.
- Security Incidents: Any unauthorized access resulting from a third-party vulnerability in Igloohome's systems is outside OpenCleanup's control and responsibility.
- User Responsibility: The account holder is responsible for managing access codes, reporting lost devices, and ensuring the device is properly installed.
6.3. Acceptance: By enabling the Smart Keybox integration on any account, the user explicitly acknowledges and accepts these terms.