This is a binding legal agreement. Please read every section carefully before booking. By using our platform or services, you agree to these terms in full.
IMPORTANT — PLEASE READ CAREFULLY. These Terms contain a binding arbitration clause and class action waiver in Section 11 that affect your legal rights. By using this platform or booking any service, you agree to resolve all disputes through individual arbitration rather than in court.
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and TotalCare Cleaning Operations LLC, a wholly owned subsidiary of TotalCare Cleaning Holdings LLC, itself a wholly owned subsidiary of BoMo Capital Partners LLC (collectively, “TotalCare,” “we,” “our,” or “us”), governing your access to and use of the TotalCare website, platform, and all booking services.
By accessing our platform, creating an account, requesting a quote, or booking any service — whether online, by phone, or by any other means — you explicitly, unconditionally, and irrevocably agree to be bound by these Terms in their entirety. If you do not agree to every provision of these Terms, you are prohibited from using our services and must immediately cease all use of our platform.
TotalCare operates a technology-enabled platform that connects Customers with independent residential cleaning professionals (“Service Professionals”).
You explicitly acknowledge and agree: TotalCare is a technology platform and booking intermediary, not a cleaning company. The cleaning services are performed by independent Service Professionals operating their own distinct businesses.
Pricing & Estimates: All pricing is based on the home size, service type, and condition information you provide at the time of booking. TotalCare reserves the right to adjust the quoted price or refuse service entirely if the actual condition of the property materially differs from what was disclosed — including but not limited to excessive clutter, unreported pet hair accumulation, or the presence of biohazards. You will be notified before any price adjustment is applied wherever reasonably practicable.
Payment Authorization: By providing a credit card, debit card, or other payment method, you expressly and irrevocably authorize TotalCare and its third-party payment processors (including Stripe) to:
Recurring Services: If you select a recurring service plan (weekly, bi-weekly, or monthly), you expressly authorize TotalCare to automatically charge your payment method on file for each scheduled recurring visit at the then-current rate, without requiring additional authorization for each transaction. You may cancel recurring services at any time through your online portal or by contacting support, subject to the cancellation notice requirements in Section 4. TotalCare reserves the right to adjust recurring pricing with fourteen (14) days’ written notice.
Failed Payments: In the event of a declined or failed charge, you agree to provide a valid alternative payment method within 24 hours. Accounts with outstanding balances exceeding 30 days will be referred to a third-party collections agency. You agree to pay all collection costs, court costs, and reasonable attorneys’ fees incurred in collecting any unpaid balance.
Chargeback & Dispute Waiver: You expressly waive your right to initiate a chargeback or payment dispute with your card issuer for any service that was completed, unless you have first followed the Quality Claim protocol in Section 5 and TotalCare has failed to provide a resolution within ten (10) business days. Any chargeback initiated in bad faith will be vigorously contested, and you agree to reimburse TotalCare for all chargeback fees and administrative costs incurred.
To protect the time, income, and livelihood of the independent Service Professionals on the TotalCare platform, the following cancellation and lockout fees are strictly enforced without exception:
ALL CANCELLATION FEES ARE FINAL. TotalCare does not waive or negotiate cancellation fees. These fees are compensation owed directly to the affected Service Professional for lost time and income.
TotalCare stands behind the quality of every service performed through the platform. If you are genuinely dissatisfied with a specific area or task covered under the TotalCare 50-Point Service Protocol, you must do all of the following:
Upon receipt of a valid, timely, and substantiated claim, TotalCare will, at its sole and absolute discretion, dispatch a Service Professional to re-clean the specifically disputed area at no additional charge to you.
TotalCare does not offer monetary refunds for completed services under any circumstances. The re-clean of the disputed area constitutes TotalCare’s complete and total obligation and sole remedy for any quality claim. Claims submitted after the 24-hour window, without photographic evidence, or for areas not covered under the service protocol, are not eligible for any remedy. Subjective aesthetic preferences do not constitute a valid quality claim.
As a condition of receiving services, you agree to the following obligations prior to and during each service visit:
Right of Refusal: Service Professionals reserve the unilateral right to immediately cease service and leave any property — without penalty or refund obligation to the Customer — upon encountering any of the following conditions:
In all Right of Refusal situations, the full service fee will be charged to the card on file without exception. TotalCare reserves the right to permanently terminate the account of any Customer whose conduct triggers a Right of Refusal event, with no refund of any amounts paid.
TotalCare invests substantial resources in sourcing, vetting, background-checking, training, and matching Customers with high-quality Service Professionals. This investment constitutes a protectable business interest.
You agree that, during the term of your engagement with TotalCare and for a period of twenty-four (24) months following the date of your last completed service, you will not, directly or indirectly:
Breach of this clause triggers an immediate liquidated damages fee of $3,500.00 per Service Professional solicited or engaged. You agree that this amount is a reasonable and good-faith estimate of TotalCare’s actual damages and is not a penalty. This fee is due and payable immediately upon demand without set-off, counterclaim, or deduction. TotalCare reserves all rights to pursue additional legal remedies, including injunctive relief and attorney’s fees, in addition to this liquidated damages amount.
Claim Submission Requirements: Any claim for property damage allegedly caused by a Service Professional must be:
Claims submitted outside the 48-hour window are expressly waived and shall not be eligible for any remedy. TotalCare’s investigation of a damage claim does not constitute an admission of liability.
Theft Claims: For any claim of theft involving items or cash valued at $100.00 or more, TotalCare’s investigation is formally paused until the Customer provides a valid official Police Report case number from local law enforcement. If a Police Report is not filed and the case number not provided to TotalCare within 72 hours of the claim, the claim is classified as unsubstantiated and automatically closed. TotalCare will not initiate any insurance claim or settlement discussion without a valid Police Report.
Absolute Exclusions — TotalCare and its Service Professionals are expressly not liable for:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOTALCARE CLEANING OPERATIONS LLC, TOTALCARE CLEANING HOLDINGS LLC, BOMO CAPITAL PARTNERS LLC, OR ANY OF THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, OR ASSIGNS (COLLECTIVELY, THE "TOTALCARE PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (B) ANY CLEANING SERVICES PERFORMED OR NOT PERFORMED BY A SERVICE PROFESSIONAL; (C) ANY CONDUCT OF A SERVICE PROFESSIONAL ON OR OFF YOUR PROPERTY; OR (D) ANY OTHER MATTER RELATING TO THESE TERMS OR THE SERVICES, EVEN IF TOTALCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTALCARE PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO TOTALCARE FOR THE SPECIFIC SINGLE SERVICE VISIT DIRECTLY GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain types of damages. In such jurisdictions, TotalCare’s liability is limited to the maximum extent permitted by law.
You agree to fully indemnify, defend (with counsel acceptable to TotalCare), and hold harmless the TotalCare Parties from and against any and all claims, demands, suits, proceedings, liabilities, losses, damages, judgments, fines, penalties, and expenses (including reasonable attorneys’ fees and costs at all levels of proceedings) arising out of or related to:
TotalCare reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You may not settle any claim without TotalCare’s prior written consent.
PLEASE READ THIS SECTION CAREFULLY. IT WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
Informal Resolution First: Before initiating any formal dispute, you agree to contact TotalCare support at hello@gototalcarecleaning.com and provide a written description of your dispute and the relief you seek. TotalCare will respond within ten (10) business days. The parties agree to make a good-faith effort to resolve the dispute informally for a period of thirty (30) days before initiating arbitration.
Binding Arbitration: If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms, the platform, or the services — including questions of the scope or applicability of this arbitration clause — shall be determined exclusively by binding arbitration administered in Shelby County, Tennessee under the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules, rather than in any court. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver: YOU AND TOTALCARE EXPRESSLY AGREE THAT ALL CLAIMS AND DISPUTES SHALL BE BROUGHT AND RESOLVED SOLELY ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR COLLECTIVE PROCEEDING OF ANY KIND AGAINST TOTALCARE. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING.
Exceptions: Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction solely to prevent irreparable harm pending the outcome of arbitration, including but not limited to enforcement of the Non-Solicitation clause in Section 7.
Governing Law & Venue: These Terms shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. For any matters not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Shelby County, Tennessee.