# Terms of Service Source: https://theclarte.pro/terms Legal # Terms of service **Effective November 2, 2026.** These Terms apply to every booking, account and use of the Site and the App. Contents - Acceptance - License to use the website - Eligibility - Bookings, pricing, deposits and billing - Your content, information, access details and visit photos - Recording other people - Third-party services and partners - Acceptable use and safe working conditions - Our intellectual property - Disclaimers - Limitation of liability - Indemnification - Termination - Claims, damage and our re-clean promise - Governing law - Dispute resolution and arbitration - State-specific notices - Changes and contact ## 1. Acceptance **1.1 Agreement.** These Terms of Service (these "Terms") form a binding agreement between you and LIKE A KING INC., a New York corporation doing business as Clarté ("Clarté", "we", "us" and "our"). By accessing the Site, requesting an Estimate, communicating with the Concierge, making a Booking or paying for a Visit, you accept these Terms and the Related Policies listed at the end of this page. If you do not agree, you shall not use the Site or book a Visit. **1.2 Notice of arbitration.** **SECTION 16 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 16.9. SECTIONS 10 AND 11 LIMIT OUR LIABILITY AND SECTION 12 REQUIRES YOU TO INDEMNIFY US IN LIMITED CIRCUMSTANCES. PLEASE READ THEM CAREFULLY.** **1.3 Definitions.** In these Terms, the following capitalized terms have the meanings given below, and other terms are defined where they first appear in bold quotation marks or quotation marks. - "**Access Details**" means gate codes, alarm codes, keys, key fobs, lockbox codes, parking and entry instructions and any similar means of entering or operating the Property. - "**Booking**" means a request by a Client for a Visit or a Recurring Plan that we accept by sending a Booking Confirmation. - "**Booking Confirmation**" means the written confirmation we send for a Booking, stating the scope, price, Deposit, date, Team and any Partner assigned. - "**Business Day**" means a day other than a Saturday, Sunday or day on which banks in Los Angeles, California are authorized to close. - "**Client**" or "**you**" means each person who accesses the Site, requests an Estimate or books or receives Services, and any person on whose behalf that person acts. - "**Concierge**" means the artificial-intelligence chat assistant on the Site, which identifies itself as an AI. - "**Contact Form**" means the form on the Site at [/contact](https://theclarte.pro/contact). - "**Content**" means information, messages, files, photographs, instructions and other materials that you submit to us. - "**Deposit**" means the amount shown in the Booking Confirmation and charged when the Booking is made. - "**Estimate**" means a price range or figure produced by the Site, the Concierge or our staff before a Booking Confirmation. - "**Home Services**" means TV and art mounting, lighting fixtures and dimmers, cabling and network wiring, video doorbells and cameras, smart-home setup and small repairs, all of which are performed by Licensed Contractors under Section 7.4. - "**Licensed Contractor**" means an independent contractor holding a license issued by the California Contractors State License Board ("CSLB") for the work concerned. - "**Partner**" means an independent, insured company that performs a Visit on our behalf and is disclosed in the Booking Confirmation. - "**Property**" means the residence, villa, estate, closet, automobile, aircraft cabin, yacht or other item or place at which Services are to be performed. - "**Recurring Plan**" means a Booking for Visits that repeat on a schedule until cancelled. - "**Related Policies**" means the Privacy Notice, the Cancellation, deposits and refunds policy, the Cookies and local storage notice, and the Text messages and calls notice, each as posted on the Site. - "**Services**" means the services we offer, including the Residence Visit, the Deep Restoration, Arrival and Departure care (move-in, move-out, guest preparation, post-event and post-renovation care), closet care, dusting of art, automobile detailing at the Client's garage (by request, once we are registered), private aviation cabin detailing and yacht detailing (arranged with licensed partners), care of villas and estates, and, by request, automobile detailing under Section 7.4A. Home Services are arranged by us but performed by Licensed Contractors. - "**Site**" means the Clarté website and any client portal or application we make available. - "**Team**" means the individuals assigned to a Visit, whether employed by us or by a Partner. - "**Venue Rules**" means the rules of the garage, homeowners' association, building, airport, fixed-base operator ("FBO"), hangar, marina or other operator of the place where a Visit occurs. - "**Visit**" means one occasion on which the Team performs Services at the Property. - "**Visit Photos**" means photographs of finished rooms or items that we take to verify quality. **1.4 Interpretation.** In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) "including" and "includes" mean "including without limitation"; (c) "shall" and "will" impose an obligation, "may" grants a discretion or permission, and "shall not" and "will not" impose a prohibition; (d) a reference to a statute includes that statute as amended or replaced; (e) the singular includes the plural; (f) a reference to a Section is to a Section of these Terms; and (g) no provision shall be construed against a party because that party drafted it. **1.5 Order of precedence.** If these documents conflict, the following order applies, with the earlier document prevailing: (a) a separate written contract signed by an authorized officer of Clarté, on the matters it addresses; (b) the Booking Confirmation, on scope, price, schedule, Deposit and Partner assignment only; (c) these Terms; and (d) the Related Policies. A Booking Confirmation shall not change Sections 11, 12 or 16 unless it expressly identifies the Section it changes. Mandatory law prevails over all of them. **1.6 Entire agreement.** These Terms, the Related Policies, each Booking Confirmation and any separate written contract described in Section 1.5(a) are the entire agreement between you and us about the Site and the Services. They replace earlier statements, estimates, chats with the Concierge and marketing materials, except that nothing in this Section excludes liability for fraud. **1.7 Preview status.** Clarté is not yet accepting Bookings. Until we do, the Site is provided for information and to request a consultation, and nothing on it is an offer to provide Services. **1.8 Electronic records.** You agree that these Terms, Booking Confirmations, receipts and notices may be provided and signed electronically, and that an electronic record is as effective as a paper one, as permitted by the California Uniform Electronic Transactions Act (Civil Code section 1633.1 et seq.) and the federal E-SIGN Act. You may ask us for a copy of any document through the Contact Form. **1.9 Consumer rights.** Nothing in these Terms removes any right that the law gives you as a consumer and that the law does not allow to be waived. ## 2. License to use the website **2.1 Grant.** Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable permission to access and use the Site to learn about our Services, obtain Estimates, communicate with us and manage your Bookings. **2.2 Restrictions.** You shall not, and shall not permit anyone else to: (a) copy, scrape, harvest, mirror or republish the Site or its content by automated means or otherwise, except as the law allows; (b) reverse engineer, decompile or attempt to extract source code; (c) probe, scan or test the vulnerability of the Site or breach its security; (d) interfere with or overload the Site or use it to send spam or malware; (e) use bots or automated tools to request Estimates or make Bookings; (f) impersonate any person or misrepresent your affiliation; (g) submit information you know to be false or that infringes another person's rights; (h) use the Site to build a competing service; or (i) use the Site in violation of law. **2.3 Accounts.** If we offer a client portal or application, you shall give accurate information, keep your credentials confidential, and notify us promptly through the Contact Form if you suspect unauthorized use. You are responsible for activity under your account unless it results from our failure to use reasonable security. **2.4 Estimates and the Concierge.** The Site and the Concierge provide general information and Estimates. They do not make offers, bind us to a price or schedule, or give professional advice. Only a Booking Confirmation binds us to a Visit. **2.5 Feedback.** If you send us suggestions or feedback about the Site, you grant us a non-exclusive, perpetual, royalty-free right to use them without obligation to you. This Section does not apply to Visit Photos or to personal information, which are governed by Section 5 and the Privacy Notice. **2.6 Links and third-party content.** The Site may link to third-party sites, including government licensing sites. We do not control and are not responsible for them. Photography on the Site is used under the Unsplash License. **2.7 Availability and changes.** We may change, suspend or discontinue any part of the Site at any time. We do not promise uninterrupted or error-free access. **2.8 Reservation of rights.** All rights not expressly granted in this Section are reserved by us. We may suspend or end your permission to use the Site at any time if you breach these Terms. ## 3. Eligibility **3.1 Age and capacity.** You shall be at least 18 years old and legally able to enter into contracts to use the Services or make a Booking. **3.2 Authority over the Property.** By making a Booking, you represent and warrant that: (a) you own or lawfully occupy the Property, or you have the owner's or occupant's written or otherwise reliable authority to book the Services and to give us access; (b) any lease, homeowners' association rule, building rule or Venue Rule allows the Services; and (c) you have obtained any consent we need from co-owners, co-occupants, landlords or property managers. **3.3 Representatives.** If you book on behalf of another person, a family office, a company or a property owner, you represent that you have authority to bind that person or entity, and you and that person or entity are jointly responsible for payment unless the Booking Confirmation says otherwise. **3.4 Service area.** We currently serve Beverly Hills (including ZIP codes 90210, 90211 and 90212), Bel Air, Holmby Hills, Brentwood, Century City, West Hollywood and Santa Monica. We may decline a Booking outside this area or for any lawful reason. **3.5 Accuracy.** You shall provide accurate and complete information about yourself and the Property, and promptly update it if it changes. ## 4. Bookings, pricing, deposits and billing **4.1 Estimates and quotations.** (a) An Estimate is not an offer. (b) Following a walkthrough or review of the information you give us, we will confirm your price in the Booking Confirmation. (c) The confirmed price may change only if conditions at the Property differ materially from those described to us. (d) We shall ask for your approval before performing additional paid work, and we will not charge for work you did not approve, except as stated in Section 4.7. **4.2 Scope.** Each Visit is limited to the scope stated in the Booking Confirmation. Work outside that scope requires your approval and may be priced separately. **4.3 Prices and taxes.** All prices are in U.S. dollars. Applicable sales and use taxes, and any fees required by law, will be added and shown before you confirm a Booking. **4.4 Deposit.** (a) We shall show you the Deposit before you confirm a Booking. (b) The Deposit is charged when you make the Booking to reserve your date and Team. (c) The Deposit is credited in full toward the price of the Visit. (d) The Deposit is refundable or forfeitable only as stated in Section 4.9 and in our [Cancellation, deposits and refunds](https://theclarte.pro/cancellation) policy. **4.5 Balance.** The balance of the price is charged after the Visit, once the rooms or items have been photographed and checked by the Team. We shall send you a receipt for each charge. **4.6 Payment authorization.** (a) Payments are processed by a third-party payment processor, currently Stripe, Inc., which saves your card on our behalf. We do not see or store your full card number. (b) By providing a card, you authorize us and our payment processor to charge the Deposit, the balance, any approved additional work, any cancellation fee described in Section 4.9 and, under a Recurring Plan, each later Visit. (c) You shall keep your card details current. (d) If a charge is declined, we may retry it, ask for another payment method, pause or cancel future Visits and withhold further Services until the amount is paid. **4.7 Additional charges.** We may charge for: (a) work you approved in addition to the confirmed scope; (b) a Visit that cannot be performed, or must be shortened, because of a lock-out, no access or unsafe conditions, as limited by Section 4.9; and (c) the reasonable cost to repair damage that you or your guests, pets or contractors cause to our equipment or injure our Team, to the extent permitted by law. **4.8 Recurring Plans and automatic renewal.** Where you enroll in a Recurring Plan, the following apply and are intended to comply with California's Automatic Renewal Law (Business and Professions Code section 17600 et seq.): - Before you enroll, we shall present the following clearly and conspicuously, in visual proximity to the request for your consent: that the plan will continue until you cancel; the frequency of Visits; the price per Visit; how and when you will be charged; any change in price we already know of; and how to cancel. - We shall obtain your affirmative consent to the automatic renewal terms, separate from your acceptance of these Terms generally, and shall keep a record of that consent for at least the period the law requires. - We shall send you an acknowledgement, in a form you can keep, that includes the automatic renewal terms, the cancellation policy and how to cancel. - You may cancel a Recurring Plan at any time, online through the Site or through the Contact Form, without calling or speaking to anyone. A cancellation takes effect for Visits scheduled more than 48 hours after the cancellation; a Visit within 48 hours is governed by Section 4.9. - We shall give you notice of a material change to the price or terms of a Recurring Plan at least 7 days and no more than 30 days before it takes effect (or such other time as the law requires), together with how to cancel before the change. - Recurring clients in good standing are charged after each Visit. "Good standing" means that your prior charges have been paid without dispute. **4.9 Cancellation and rescheduling.** (a) You may reschedule a Visit without charge, or cancel it and receive a full refund of the Deposit, up to 48 hours before the Visit. (b) For a cancellation made less than 48 hours before the Visit, a lock-out, a no-access Visit, or a Visit we cannot perform because of access or safety problems, we may retain the Deposit or charge the fee stated in your Booking Confirmation. (c) **THE DEPOSIT RETAINED OR FEE CHARGED UNDER THIS SECTION SHALL NEVER EXCEED THE PRICE OF THE VISIT CONCERNED.** (d) We shall waive the fee where the reason for cancellation is an emergency, serious illness, a government evacuation order or another event outside your reasonable control, if you tell us promptly. (e) If we cancel or reschedule a Visit, you may choose another date or receive a full refund of all amounts paid for that Visit. **4.10 Billing disputes.** You shall tell us of any billing error or dispute through the Contact Form within 30 days of the charge, giving the date and amount. We will review it in good faith and respond promptly. Please contact us before contacting your card issuer. If you initiate a chargeback without first giving us the opportunity to resolve the dispute, we may provide the processor with records of the Booking, the Visit Photos and our communications with you. This Section does not limit any right you have under federal or California law to dispute a charge. **4.11 Tips.** Tips are optional, are not a condition of Service and are passed to the Team members who earned them. **4.12 Refunds.** Refunds will be made to the original payment method. Processing times depend on the payment processor and your bank. **4.13 Scheduling and timing.** Arrival times are estimates and traffic, security screening, gate delays and prior Visits may affect them. We shall notify you if a delay is likely to exceed 60 minutes. Visits may be shortened or rescheduled for safety reasons, including wildfire, smoke, power shutoffs, severe weather and road closures. **4.14 Home solicitation sales.** If, contrary to our usual practice of online booking, you agree to buy Services in person at your residence, California Civil Code section 1689.5 et seq. may give you the right to cancel within three Business Days. We shall give you the written notice of that right that the law requires. **4.15 Liquidated amounts.** The parties agree that the harm we suffer from a late cancellation (including the reserved Team, the lost opportunity to schedule other Visits and the travel costs of the Team) is difficult to estimate, and that the amount described in Section 4.9 is a reasonable estimate of that harm and not a penalty. ## 5. Your content, information, access details and visit photos **5.1 Your obligations.** You shall give us accurate and complete information about the Property, including its materials and finishes, pets, children, hazards, fragile or valuable items, alarms and cameras, and any items or areas that are off-limits. You shall tell us before the Visit of any item that needs special care, and shall secure cash, jewelry, firearms, medication, passports, confidential documents and other valuables. **5.2 License to Content.** You retain ownership of your Content. You grant us and, to the extent necessary, our Partners and service providers, a non-exclusive, royalty-free license to use, store and reproduce your Content solely to provide the Services, communicate with you, administer your Booking and comply with law, as described in the Privacy Notice. **5.3 Access Details.** (a) You authorize us to use the Access Details you provide only to enter and operate the Property for the Services. (b) We shall store Access Details in encrypted form, show them only to the Team assigned to the Visit on the day of the Visit, and log each time they are viewed. (c) We will not copy or share keys, fobs or codes with anyone else, and will not use them for any other purpose. (d) You are responsible for giving us the correct Access Details and for the operation of your alarm system. If you do not give us correct Access Details, Section 4.9 may apply. (e) You shall not send Access Details through the Concierge; please use the secure method we provide in the Booking process. (f) You may ask us to delete Access Details at any time and you may wish to change codes after a Visit; we recommend it where practicable. **5.4 Alarm events.** If an alarm is triggered during a Visit, the Team shall follow your instructions and the alarm company's procedures. You are responsible for any permit, response or false-alarm fee imposed by a public agency or alarm company because of incorrect instructions or information that you gave us, except to the extent caused by the Team's negligence. **5.5 Visit Photos.** (a) The Team may photograph finished rooms or items to verify the quality of the Services and to support any claim. (b) We shall take reasonable care not to photograph people, papers, screens or personal items that are not necessary to show the condition of the work. (c) Visit Photos are shared only with you, retained for the period stated in the Privacy Notice, and used only for quality, training of our own Team, billing, insurance and claim purposes. (d) **WE WILL NOT USE PHOTOGRAPHS OF YOUR HOME, ITS CONTENTS OR YOUR PROPERTY FOR MARKETING OR PUBLICITY WITHOUT YOUR SEPARATE WRITTEN PERMISSION.** (e) At your request we will provide a confidentiality agreement. **5.6 Confidentiality of what we see.** We shall keep confidential what the Team sees and learns about you and your home and shall not disclose it except to our personnel, insurers, Partners and service providers who need it, as required by law, or with your permission. **5.7 Accuracy of Content.** You are responsible for your Content. You shall not submit Content that is unlawful, that infringes the rights of others, or that contains malware. ## 6. Recording other people **6.1 Calls.** Calls with Clarté may be recorded for quality, training and record-keeping. We will tell you at the start of any call that is being recorded. California requires all parties to consent to the recording of a confidential communication (Penal Code sections 632 and 632.7). If you stay on the line after the notice, you consent to the recording. If you do not consent, you may tell us and we will continue by the Contact Form. **6.2 Client cameras.** If there are cameras or other recording devices at the Property, you shall: (a) tell us in advance where they are and whether they record audio; (b) post any notice that applies; (c) use them lawfully; and (d) not place any camera or recording device in a bathroom, changing area, restroom or other place where a person reasonably expects privacy. **6.3 Audio recording.** You shall not record the audio of conversations of the Team, including conversations among Team members or telephone calls, without the consent of each person recorded. California Penal Code section 632 prohibits it and can create criminal and civil liability. You shall not share images or recordings of the Team on social media or in public without their consent and ours. **6.4 Our right to respond.** If we reasonably believe a recording device is in a place where privacy is expected, or that the Team is being recorded unlawfully, the Team may ask you to turn it off or cover it, and may pause or end the Visit under Section 8.2 until the problem is resolved. Section 4.9 may apply. **6.5 Our Team.** We instruct our Team to use their phones during a Visit only for the work, the checklist and Visit Photos, and not to record or photograph you or your household. **6.6 Concierge conversations.** The Concierge is an AI. Your messages to it are sent to our AI model provider to generate replies, as described in the Privacy Notice. We do not save transcripts on our servers. If you ask for a consultation through the Concierge, we save the details you agree to share. ## 7. Third-party services and partners **7.1 Payment processor.** Payments are processed by a third-party processor under its own terms and privacy policy. We are not responsible for the processor's acts or omissions, except that we remain responsible for our own use of the processor. **7.2 Partners.** (a) Some Visits may be performed by Partners, which are independent companies that are insured and that work to our standards. (b) We shall disclose in the Booking Confirmation if a Partner will perform your Visit. (c) A Partner's Team may enter the Property and use Access Details on the same conditions as our own Team. (d) We remain your contracting party for the Services unless the Booking Confirmation says otherwise, and our obligations in Sections 5 and 14 apply to Partner Visits. (e) Partners are not our employees or agents for any purpose other than performing the Visit. **7.2A Partner background checks.** A Partner that sends its own personnel to a Visit performs, at its own cost and in compliance with applicable law (including the Fair Credit Reporting Act, the California Investigative Consumer Reporting Agencies Act and the Fair Chance Act), its own background checks on those personnel, and certifies to us that each person assigned to a Visit has passed them. We may ask for proof of the certification and of the Partner's insurance at any time, and a Partner's personnel who lack a current certification shall not be assigned. **7.3 Licensed Contractors and larger projects.** (a) Our own Team shall not perform any work that requires a contractor's license under California law. (b) For larger projects, we may introduce you to an independent Licensed Contractor. (c) **THE LICENSED CONTRACTOR CONTRACTS DIRECTLY WITH YOU, UNDER ITS OWN WRITTEN CONTRACT THAT SHALL SHOW ITS LICENSE NUMBER AND CONTAIN EVERY TERM CALIFORNIA LAW REQUIRES, INCLUDING ANY RIGHT TO CANCEL. CLARTÉ IS NOT A PARTY TO THAT CONTRACT, DOES NOT SUPERVISE THE WORK AND IS NOT RESPONSIBLE FOR IT.** (d) We do not receive a referral fee unless we tell you in writing. (e) You can check any contractor's license at cslb.ca.gov before signing. **7.4 Home Services through Licensed Contractors.** (a) **Home Services (TV mounting, lighting, cameras, low-voltage work and small repairs) are arranged through independent, licensed and insured Licensed Contractors who contract with you directly. We coordinate the scheduling and do not perform or warrant that work.** (b) Our own Team does not perform Home Services, including because California law does not allow a business that employs workers to rely on the small-job exemption for unlicensed contractor work, and because some work needs a permit. (c) Each Licensed Contractor shall give you its own written contract showing its license number; Section 7.3(c) applies. (d) Warranties for devices and fixtures are the manufacturers' warranties. (e) Mounting depends on the condition and construction of walls, the weight rating of equipment and hidden utilities, which you shall describe to the Licensed Contractor. (f) Accounts for cameras, video doorbells and smart-home devices remain in your name; we do not retain your passwords and do not access footage. **7.4A Detailing by request.** (a) Automobile detailing is performed at your garage, by request, only after we hold the registration California requires for car washing and polishing (Labor Code section 2050 et seq.), including its surety bond. Until then it cannot be booked and we shall not perform it. (b) Aircraft cabin and yacht detailing are arranged with licensed partners under Section 7.2 and are not bookable on the website. **7.5 Alarm and monitored systems.** We do not install, program, service or monitor burglar alarms, fire alarms or any monitored security or alarm-integrated system. Those can be installed only by companies licensed by the California Bureau of Security and Investigative Services ("BSIS"). If you need such work, we may introduce you to a BSIS-licensed company, which contracts with you directly under Section 7.3(c) as if it were a Licensed Contractor. **7.6 Trauma and crime-scene cleanup.** (a) **We do not clean up blood, bodily fluids, biohazards, or the scene of a death, crime, accident or suicide.** Those services, which California law regulates, may be performed only by a trauma scene waste management practitioner registered with the California Department of Public Health (a "Registered Practitioner"). (b) At your request, we may refer you to a Registered Practitioner, which will contract directly with you. (c) After a Registered Practitioner has cleared the scene in writing, we may perform the ordinary follow-up cleaning of the area. (d) If we discover a possible biohazard during a Visit, the Team shall stop work in that area and notify you, and Section 8.2 applies. **7.7 Vehicles, aircraft and yachts.** (a) Automobile detailing takes place at your garage. You shall provide safe access, power and water where needed and shall comply with any Venue Rules. (b) Private aviation cabin detailing and yacht detailing are subject to the Venue Rules of the FBO, hangar or marina, which may include access screening, escorts, restrictions on water, products and discharge, and insurance requirements. We shall follow the Venue Rules and you shall obtain any written authorization they require. (c) **Cabin detailing means interior cleaning only.** We do not maintain, inspect, repair or operate aircraft or vessels or their systems, and we use only products permitted by the owner's or operator's maintenance provider. You shall give us any approved-products list before the Visit. (d) We may decline any task that violates Venue Rules, environmental law or the manufacturer's care instructions. (e) You are responsible for the safe storage of ignition keys and for removing personal items and valuables. **7.8 Venue Rules.** If Venue Rules conflict with these Terms, the Venue Rules apply to access and conduct at that place, and these Terms apply to everything else. We are not liable for delay or refusal of access by an operator, and Section 4.9 may apply. **7.9 Other third parties.** The Site uses third-party services, including hosting in Germany with Hetzner, the font service Google Fonts and the AI model provider that supports the Concierge. Their terms govern their services. ## 8. Acceptable use and safe working conditions **8.1 Safe environment.** You shall provide a safe, lawful working environment, including working utilities, adequate access, parking or a place to unload, and secure pets. You shall remove or secure firearms, weapons, controlled substances, cash and similar items before the Visit. Our Team shall not handle cash, firearms or controlled substances. **8.2 Right to pause, end or decline.** The Team may, without liability, pause, end or decline all or part of a Visit if: (a) the Team experiences or reasonably fears harassment, discrimination, threats or abusive conduct; (b) animals are unsecured or aggressive; (c) there are hazardous materials, biohazards, mold, pests, hoarding conditions, lead or asbestos hazards or an unsafe structure; (d) illegal activity is occurring; (e) a task is unsafe, unlawful or beyond the scope or the Team's training or equipment (for example, work at heights above what a stable step ladder permits, or lifting beyond safe limits); or (f) a person is recording the Team in violation of Section 6. In those cases Section 4.9 may apply. **8.3 Occupants.** If you or others are present during a Visit, you shall behave respectfully. The Team does not provide childcare, pet care or care for adults. **8.4 Direct engagement.** We ask that you not offer our Team members private work outside Clarté. Doing so can create insurance, tax and employment problems for you and for them, and our insurance does not apply to it. **8.5 Products.** By default we use gentle, low-scent products that are safe for stone, wood and fine finishes. You may ask us to use your own products, in which case you are responsible for their suitability and safety. You shall tell us before the Visit of allergies, sensitivities and surfaces that need particular care. **8.6 Prohibited requests.** You shall not ask our Team to do anything unlawful, unsafe or inconsistent with these Terms. ## 9. Our intellectual property **9.1 Ownership.** The Clarté name, logo, marks, the Site, and its text, design, graphics, software and other content (other than third-party content) belong to us or our licensors and are protected by copyright, trademark and other laws. **9.2 Limits.** Nothing in these Terms gives you any right to use our name, logo or content except as Section 2.1 allows. You shall not remove copyright or other notices. **9.3 Third-party materials.** Photographs on the Site are used under the Unsplash License. Other third-party marks are those of their owners. The Licenses page lists registrations and licensing information. **9.4 Complaints of infringement.** If you believe content on the Site infringes your copyright, tell us through the Contact Form, choosing "Something else", with the information described in 17 U.S.C. section 512(c)(3). ## 10. Disclaimers **10.1 General disclaimer.** **EXCEPT FOR THE RE-CLEAN PROMISE IN SECTION 14, THE EXPRESS TERMS OF A BOOKING CONFIRMATION AND ANY WARRANTY THAT THE LAW DOES NOT ALLOW US TO EXCLUDE, THE SITE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.** **10.2 No guarantee of results.** We do not promise results beyond the agreed scope or that every stain, odor, mark or imperfection can be removed. Results depend on the age, material and condition of the item. **10.3 Excluded matters.** We are not responsible for: (a) damage or wear that existed before the Visit; (b) items that were already broken, cracked, loose, unstable or improperly installed or maintained; (c) damage from following your written instructions or using products you supplied; (d) normal fading, wear or aging of delicate finishes; (e) concealed defects; or (f) items you did not tell us were fragile, valuable or required special care. **10.4 Art and collections.** Fine art, antiques and collections are dusted only, never cleaned, treated, moved or restored unless agreed in writing. We do not appraise and are not responsible for the condition of art that is already fragile. **10.5 Concierge and Estimates.** **THE CONCIERGE IS AN ARTIFICIAL-INTELLIGENCE TOOL THAT CAN MAKE MISTAKES. ITS ANSWERS AND ESTIMATES ARE NOT PROFESSIONAL, LEGAL, FINANCIAL OR SAFETY ADVICE AND DO NOT BIND US.** Please confirm anything important through the Contact Form or in your Booking Confirmation. **10.6 Third parties.** We make no warranty about the work, products or services of Licensed Contractors, BSIS-licensed companies, Registered Practitioners, operators of Venues, manufacturers or other third parties. **10.7 Some jurisdictions.** Some jurisdictions do not allow the exclusion of certain warranties, so parts of this Section may not apply to you. ## 11. Limitation of liability **11.1 Cap.** **TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO A VISIT, THE SERVICES, THE SITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE PRICE YOU PAID FOR THE VISIT CONCERNED, OR (B) THE AMOUNT OUR INSURER ACTUALLY PAYS FOR THAT CLAIM.** **11.2 Excluded damages.** **TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF USE, PROFITS, INCOME, DATA OR GOODWILL, EVEN IF WE WERE ADVISED OF THE POSSIBILITY.** **11.3 What this Section does not limit.** Sections 11.1 and 11.2 shall not apply to liability for: (a) fraud; (b) gross negligence; (c) willful misconduct; (d) violation of law; (e) personal injury or death caused by our negligence; or (f) any other liability that California Civil Code section 1668 or other law does not allow us to limit. Nothing in these Terms limits our obligation to provide the re-clean in Section 14. **11.4 Application.** The limits in this Section also protect our officers, employees, Team members, Partners and insurers to the extent they perform or support the Services. They apply regardless of the theory of liability, whether in contract, tort (including negligence), statute or otherwise. **11.5 Basis of the bargain.** You acknowledge that the prices we charge reflect these allocations of risk, and that they are an essential part of the agreement between us. You are encouraged to insure your own property, including fine art and valuables, at replacement value. **11.6 Reporting windows.** The reporting periods in Section 14 do not shorten the time the law gives you to bring a claim. ## 12. Indemnification **12.1 Indemnity.** To the extent permitted by law, you shall indemnify, defend and hold harmless Clarté, its officers, employees, Team members, Partners and insurers from third-party claims, and from resulting losses, liabilities and reasonable attorneys' fees, to the extent arising from: (a) your breach of these Terms; (b) false or incomplete information you gave us about the Property, its hazards, fragile or valuable items, or your authority to book; (c) unsafe conditions you knew of and did not disclose; (d) your unlawful recording under Section 6; or (e) your violation of law or of another person's rights. **12.2 Limits.** **THIS SECTION DOES NOT APPLY TO THE EXTENT A CLAIM RESULTS FROM OUR NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FROM OUR BREACH OF THESE TERMS.** **12.3 Procedure.** We shall give you prompt notice of any claim for which we seek indemnity. You may control the defense with counsel reasonably acceptable to us, but you shall not settle a claim that imposes obligations on us without our consent. ## 13. Termination **13.1 By you.** You may stop using the Site and the Services at any time and cancel a Booking or Recurring Plan as described in Section 4. **13.2 By us.** We may suspend or end your access to the Site and the Services, and decline or cancel Bookings, if: (a) you breach these Terms; (b) you fail to pay; (c) conditions at the Property are unsafe or unlawful; (d) the Team is subject to conduct described in Section 8.2; (e) we can no longer serve your area; or (f) we are required to do so by law. Unless the reason is a serious breach or safety risk, we shall give you reasonable notice, and refund any amount paid for Visits we do not perform. **13.3 Effect.** On termination: (a) we shall stop using your Access Details and, at your request, delete them; (b) you shall return any keys, fobs or equipment we gave you and pay any amount due; and (c) Visits already performed remain payable. **13.4 Survival.** Sections 1, 4 (as to amounts due), 5.5, 5.6, 6, 9 through 12, 13.4, 14, 15, 16, 17 and 18, and any other provision that by its nature should survive, shall survive termination. ## 14. Claims, damage and our re-clean promise **14.1 Re-clean promise.** (a) If any part of the Services within the agreed scope is not performed properly, you shall tell us through the Contact Form (choosing "Something else") within 24 hours after the Visit ends, with photographs if you can. (b) We shall return promptly to correct the matter, at no charge to you, at a time reasonably convenient to you. (c) If we cannot correct it, we shall refund a fair portion of the price for the affected work. (d) The promise does not apply to matters outside the scope, to conditions described in Section 10.3, or to a report made after the 24-hour period, although we will still consider a late report in good faith. **14.2 Reporting damage or loss.** (a) You shall report suspected damage to, or loss of, property caused by a Visit through the Contact Form within 72 hours after the Visit ends, with photographs, a description and any receipts or appraisals. (b) You shall preserve the item and give us and our insurer a reasonable opportunity to inspect it before it is repaired or discarded, except where an emergency requires immediate action. (c) **A late report does not forfeit your rights under law, but it may make the cause harder to establish.** **14.3 Our response.** (a) We shall acknowledge each report promptly and investigate it in good faith. (b) Covered claims are handled with our general liability insurer or bond. (c) At our option, we may repair, replace or reimburse the affected item, up to the limit in Section 11. (d) Unless otherwise agreed, reimbursement is based on the reasonable cost of repair or the reasonable value of the item immediately before the loss, taking its age and condition into account, whichever is less. (e) You shall cooperate with reasonable requests for information, and we may share relevant information with our insurer. **14.4 Exclusions.** We are not responsible for the matters in Section 10.3, for items you did not tell us were fragile, valuable or needed special care, for cash, jewelry, documents or other items we advised you to secure, or for damage caused by third parties, by you, or by events outside our control. **14.5 Relationship to other insurance.** Our promises are not a substitute for your own homeowner's, automobile, aviation, marine or valuable-articles insurance. If another insurer pays you, it may assert our obligations through subrogation, and you shall not impair those rights. **14.6 Fraud.** You shall not make a claim that you know is false or exaggerated. We may refuse, and report to the authorities, any claim we believe is fraudulent. **14.7 Partner and Licensed Contractor work.** Claims about a Visit performed by a Partner shall be made to us as above, and we shall coordinate them. Claims about work performed by a Licensed Contractor, a BSIS-licensed company or a Registered Practitioner shall be made to that party, as stated in Section 7. ## 15. Governing law **15.1 California law.** These Terms, the Related Policies, each Booking and any dispute between you and us are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-laws principles. The Federal Arbitration Act (9 U.S.C. section 1 et seq.) governs Section 16. **15.2 Courts.** Subject to Section 16, and to any claim that may be brought in small claims court, the state and federal courts located in Los Angeles County, California have exclusive jurisdiction over any dispute that is not subject to arbitration, and each party consents to personal jurisdiction and venue there. If you live outside California, this Section does not take away protections that mandatory law of your home state gives you. **15.3 No other laws.** The United Nations Convention on Contracts for the International Sale of Goods does not apply. ## 16. Dispute resolution and arbitration **16.1 Informal resolution first.** Before filing a claim, you shall send us a written notice of dispute through the Contact Form that states your name, how to reach you, the facts and what you ask for. We shall try in good faith to resolve the dispute within 30 days after we receive the notice, and may propose a call or video meeting. Neither of us may begin an arbitration or lawsuit until the 30 days have passed, except for a claim in small claims court. The time to bring a claim is paused during this period. **16.2 Agreement to arbitrate.** **EXCEPT AS PROVIDED IN SECTIONS 16.4 AND 16.9, YOU AND CLARTÉ AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, SHALL BE RESOLVED EXCLUSIVELY BY BINDING INDIVIDUAL ARBITRATION AND NOT IN A COURT.** The arbitrator, and not a court, shall decide whether a dispute is subject to arbitration, except that a court shall decide the enforceability of Section 16.6 and Section 16.4(b). **16.3 Rules, location and fees.** (a) The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at adr.org. (b) The arbitration shall take place in Los Angeles County, California, or, at your choice, by video conference, telephone or written submissions. (c) For consumer claims, we shall pay all AAA filing, administration and arbitrator fees beyond the amount you would pay to file a complaint in court, and shall pay them when due as the law requires. (d) Each party bears its own attorneys' fees, except that the arbitrator may award them as the law allows. (e) The arbitrator shall apply California law and these Terms, shall give a written reasoned decision on request, and may award any individual relief a court could, including statutory remedies. Judgment on the award may be entered in any court of competent jurisdiction. **16.4 Exceptions.** (a) Either party may bring an individual claim in small claims court if it qualifies. (b) Either party may seek public injunctive relief in court to the extent that the law does not allow the right to seek it to be waived (_McGill v. Citibank, N.A._, 2 Cal.5th 945 (2017)); any other claim shall be arbitrated, and the court shall stay the public injunctive relief claim until the arbitration is complete if the law so requires. (c) Either party may seek temporary relief from a court to protect its intellectual property or to prevent irreparable harm pending arbitration. **16.5 Individual claims only.** **YOU AND CLARTÉ MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY. NEITHER OF US MAY BRING OR PARTICIPATE IN A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.** The arbitrator may not consolidate claims of different persons or preside over any such proceeding. **16.6 Waiver of jury trial.** **TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CLARTÉ WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN US.** **16.7 Severability of the waivers.** If a court finds the waiver in Section 16.5 unenforceable as to a claim or a request for relief, that claim or request shall be decided in court, and shall be stayed until any arbitrable claims are finished. All remaining provisions of this Section continue to apply. If a court finds the jury waiver unenforceable, any claim that proceeds in court shall be decided by a judge to the extent California law allows, such as by judicial reference under Code of Civil Procedure section 638. **16.8 Confidentiality and privacy.** We shall not require you to keep the existence or outcome of an arbitration confidential, except that the arbitrator may protect confidential information and Access Details. **16.9 Right to opt out.** **YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT. To do so, send a written notice through the Contact Form within 30 days after you first accept these Terms, stating your name, the email or other contact detail you used, and the words "arbitration opt-out."** Opting out does not affect any other part of these Terms and does not affect any later contract. **16.10 Survival and changes.** This Section survives termination. If we change it, the change applies only to disputes that arise after the change, and you may opt out of the new version as in Section 16.9. ## 17. State-specific notices **17.1 California Consumer Services notice.** Under California Civil Code section 1789.3, California users of the Site and Services are entitled to the following consumer rights notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. **17.2 Automatic renewal.** California Recurring Plans are governed by Section 4.8 and by Business and Professions Code section 17600 et seq. You may cancel online at any time. **17.3 Right to cancel in-person sales.** Section 4.14 summarizes the right to cancel under California Civil Code section 1689.5 et seq. **17.4 Contractor and licensing information.** We are not a licensed contractor. We do not perform work requiring a contractor's license. For work that does, see Section 7.3. You can verify a contractor's license at the CSLB website (cslb.ca.gov), and a BSIS license at search.dca.ca.gov. **17.5 Privacy rights.** California residents have the rights described in our [Privacy Notice](https://theclarte.pro/privacy#california-rights). **17.6 Other states.** Some states do not allow certain exclusions or limits of liability, or certain waivers, so parts of Sections 10, 11 and 16 may not apply to you, and you may have additional rights under your state's law. Our Services are provided only in California. ## 18. Changes and contact **18.1 Changes to these Terms.** We may update these Terms. When we do, we shall change the version and date at the top. For material changes, we shall give existing clients notice at least 14 days before the change applies to them, by email or on the Site. Changes apply to Bookings made after the effective date and to the Site from that date. Changes to Recurring Plan prices are governed by Section 4.8(e). If you do not accept a change, you may cancel before it takes effect. **18.2 Notices.** (a) Notices to us shall be sent through the Contact Form. (b) We may give you notice by email or text message to the contact details you gave us, through the Site, or by posting on the Site. (c) A notice sent electronically is effective when sent, unless the sender receives notice that it was not delivered. **18.3 Severability.** If any provision of these Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permitted and the remaining provisions shall continue in full force. Section 16.7 states a specific rule for the waivers in Section 16. **18.4 No waiver.** Our failure to enforce a right or provision is not a waiver of it. A waiver is effective only if it is in writing and signed or sent by an authorized officer of Clarté. **18.5 Assignment.** You shall not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms to an affiliate or a successor to our business, on notice to you. Subject to this, these Terms bind and benefit the parties and their successors. **18.6 Force majeure.** Neither party is liable for a delay or failure to perform (other than a payment obligation) caused by events beyond its reasonable control, including natural disasters, earthquakes, wildfire, smoke, utility or power shutoffs, severe weather, pandemics, acts of government, road closures, strikes, terrorism and failures of third-party networks. The affected party shall notify the other promptly and resume performance as soon as reasonably practicable. If the event prevents a Visit, Section 4.9(e) applies. **18.7 Relationship.** The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship, and there are no third-party beneficiaries except as stated in Section 11.4. **18.8 Language.** These Terms are in English. Any translation is for convenience. **18.9 Contact.** For questions about these Terms, please use our [Contact Form](https://theclarte.pro/contact). The entity responsible for the Site and the Services is LIKE A KING INC., a New York corporation doing business as Clarté. ## Related policies - [Privacy notice](https://theclarte.pro/privacy) - [Cancellation, deposits and refunds](https://theclarte.pro/cancellation) - [Cookies and local storage](https://theclarte.pro/cookies) - [Text messages and calls](https://theclarte.pro/sms) - [Licenses and verification](https://theclarte.pro/licenses) - [Accessibility statement](https://theclarte.pro/accessibility) - [Product Selection Policy](https://theclarte.pro/products)