EKGO Terms of Service

1. Accounts#

• You must have an account, issued by EnviroKlean or your restaurant's administrator, to use the Service.
• You are responsible for keeping your login credentials confidential, and for activity that occurs under your account.
• You must be at least 18 years old and legally able to enter into this agreement.
• Notify us promptly at erykah@eklean.com (cc it@eklean.com) if you believe your account has been compromised.

2. Who does what#

• Restaurant customers use the Service to request pickups, see service history, review collected gallons and carbon-reduction metrics, and communicate with our operations team.
• Drivers use the Service to run assigned routes, navigate to stops, capture service photos and manifests, and record completions.
• Administrators use the Service to schedule work, manage customer accounts, and reconcile operations.

EnviroKlean's obligation to perform the underlying waste-oil and grease-trap pickup services is governed by the service agreement between EnviroKlean and the restaurant (the “Service Agreement”) — not by these Terms. These Terms only cover your use of the software.

3. Acceptable use#

You agree not to:

• Use the Service in a way that violates any law or third-party right.
• Attempt to gain unauthorized access to any account, data, or system.
• Reverse-engineer, decompile, or extract the source code of the apps, except where that right cannot be waived by contract.
• Scrape, bulk-download, or otherwise copy the data of other users.
• Upload content that is illegal, infringing, malicious, or deliberately misleading.
• Interfere with the normal operation of the Service (rate abuse, denial of service, excessive automated traffic).

Drivers: route-tracking, photos, and service notes exist to keep a reliable record. Do not falsify entries. Repeated falsification is grounds for account termination and may be reported to EnviroKlean management.

4. Your content#

You keep ownership of anything you submit (photos, messages, requests, notes). You grant EnviroKlean a non-exclusive, royalty-free license to host, copy, process, and display that content strictly to operate the Service, fulfil the Service Agreement, and meet our regulatory obligations. We do not use customer content for advertising or to train third-party models.

You are responsible for making sure you have the right to share any content you submit (for example, photos of a restaurant's premises).

5. Service availability; no SLA#

The Service is provided on an “as is” and “as available” basis. We aim for high availability but we do not offer an uptime service-level agreement under these Terms. Planned maintenance and outages can occur. If an outage affects an operational flow (e.g., driver check-in), use the documented fallback: manual dispatch sheets for drivers, and email to erykah@eklean.com (cc it@eklean.com) for customers.

6. Third-party services#

The Service integrates with third-party products (Google Maps for navigation, Supabase for hosting, BOH for regulatory reporting, among others). Your use of those integrations may be subject to their own terms. We are not responsible for third-party services' availability or behavior.

7. Intellectual property#

The Service, including all software, branding, and design, is owned by EnviroKlean or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose. Nothing in these Terms transfers ownership to you.

8. Fees#

Access to the apps is currently provided as part of the Service Agreement at no additional per-user charge. If we introduce paid features in the future, we will give you notice before those fees apply to you.

9. Termination#

• By you: you can stop using the Service at any time. If you want your account deleted, follow the process in the Privacy Policy.
• By us: we may suspend or terminate your access if you breach these Terms, if your Service Agreement ends, or if continued access poses a legal or operational risk.
• Surviving clauses (ownership, disclaimers, limitations of liability, and dispute resolution) continue after termination.

10. Disclaimers#

Except as required by law, the Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. EnviroKlean does not warrant that the Service will be uninterrupted, error-free, or secure.

11. Limitation of liability#

To the maximum extent permitted by law, EnviroKlean will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Service. Our total liability arising out of or relating to these Terms is limited to the greater of (a) the amounts you paid us for use of the Service in the 12 months immediately before the claim, or (b) US$100.

Some jurisdictions do not allow certain limitations, in which case those limitations will apply only to the maximum extent permitted.

12. Indemnification#

You agree to indemnify and hold EnviroKlean harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your use of the Service in breach of these Terms or (b) your violation of any law or third-party right.

13. Governing law; disputes#

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. The parties will attempt to resolve disputes informally before resorting to litigation. Any legal action arising from these Terms must be brought in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there.

14. Changes to these Terms#

We may update these Terms from time to time. If we make material changes we will update the “Last updated” date above and, for meaningful changes, notify you in-app or by email before the change takes effect. Your continued use of the Service after changes become effective constitutes acceptance.

15. Service Operations Terms (EnviroKlean Restaurant Service Solutions)#

The following operational terms govern the underlying waste-oil collection, grease-trap, and related on-site services provided by EnviroKlean Solutions, Inc. (“EKlean”, also referred to as the “Contractor”). These operate alongside the software Terms above and the per-restaurant Service Agreement (Page 1).

• Equipment ownership. All containers and equipment furnished by EKlean for use by the Client remain the property of EKlean. The Client may not authorize third parties to remove, replace, or service the equipment, and may use it only for its proper, intended purpose.
• Container content rules. Only used cooking oil may be placed in the assigned UCO container. Trash, food waste (paper plates, towels), raw oils (mineral, hydraulic, motor), cleaning agents, and any other foreign or extraneous waste are prohibited and may incur removal or container-replacement fees.
• Term of service. The agreement is in force for two (2) years from the effective date and renews automatically for successive 2-year periods unless either party gives written notice within 30 days of the end of the term in any 2-year cycle.
• Hazardous materials. If a container is found to include hazardous waste classifications under federal, state, or local law, additional disposal costs and the Client's indemnity for any associated penalties will apply.
• Site access & safety. The Client is responsible for ensuring containers and traps are accessible at scheduled times. EKlean is not liable for missed services caused by locked gates, blocked access, or incomplete container preparation. Rescheduling fees may apply at EKlean's discretion.
• Premises & damages. EKlean will not be held responsible for repairs to enclosures, fences, gates, walls, and other property resulting from normal collection operations. The Client agrees to indemnify EKlean against third-party claims arising out of equipment placement or use on Client premises.
• Change orders. Changes to price rates, service frequency, equipment type, or capacity may be agreed orally or in writing by the parties without affecting the validity of the Agreement, which is deemed amended.
• Notices. All notices required under the Agreement must be in writing (including email and electronic communication) and are deemed delivered on the date the recipient acknowledges receipt or, if mailed, on the date the certified-mail return receipt is signed.
• Attorney's fees. In the event of a breach or undisputed amount owed by either party, the prevailing party is entitled to reasonable attorney's fees plus all related costs.
• Governing law. The Service Operations Terms are governed by the laws of the State of California; venue for any dispute lies in San Bernardino County, California.

The above is a faithful summary of the operational terms. For the full signed document, see the complete Terms & Conditions PDF. If there is any conflict between this summary and the signed document, the signed document controls.

16. Contact#