These Terms and Conditions (“Terms”) govern your access to and use of the Upkeep app and website located at https://upkeepshoes.com/ (collectively, the “Platform”), owned and operated by Upkeep Shoes, LLC (“Upkeep,” “we,” “our,” or “us”), located at 5616 San Vicente Blvd., Los Angeles, CA 90019.
By accessing the Platform, creating an account, or purchasing services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform or our services.
1. Eligibility
You must be at least 18 years old to use our services. By using the Platform, you represent and warrant that you are at least 18 years of age.
2. Description of Services
Upkeep provides professional sneaker cleaning services via:
- In-store drop-off
- Mail-in services
- Subscription-based care plans
- Sale of sneaker care goods and accessories
The Platform and services provided by Upkeep are for your personal, non-commercial use only. We reserve the right to refuse service to anyone at our sole discretion.
3. Pricing & Payment
- Pricing Estimates: All prices displayed are estimates based on customer-provided descriptions.
- Final Inspection: Final pricing is determined after physical inspection. If a higher service tier is required due to the actual condition of the footwear, we will notify you and obtain your approval before proceeding.
- Payments: Payment is required prior to return shipment or in-store pick-up.
- Refund Policy: Due to the nature of professional cleaning services, all completed services are final and non-refundable. If service has not yet begun, cancellation may be permitted at our discretion. Subscription cancellations must occur prior to the next billing cycle.
4. Sneaker Condition & Cleaning Risks
- Inherent Risks: You acknowledge that sneaker cleaning involves chemicals, solvents, heat, and physical agitation. Certain materials—including suede, mesh, leather, synthetic fabrics, foam midsoles, and vintage adhesives—carry inherent risk.
- No Guarantee of Restoration: We do not guarantee restoration to “factory” or “original” condition.
- Pre-Existing Conditions: Upkeep is not liable for issues caused by pre-existing damage, including but not limited to: sole separation, cracked midsoles, paint chipping/flaking, oxidation, glue deterioration, or structural weakening due to age.
- Vintage Footwear: We cannot guarantee the structural integrity for footwear older than one (1) year.
5. Limitation of Liability
To the maximum extent permitted by law:
- Upkeep Shoes, LLC shall not be liable for any indirect, incidental, consequential, special, or punitive damages.
- Liability Cap: Our total liability for any claim, regardless of the form of action, shall not exceed the amount actually paid by you for the specific service giving rise to the claim.
- Disclaimer of Warranties: The Platform and services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
6. Shipping & Risk of Loss
- Shipping Costs: Customers are responsible for all shipping costs to and from our facility.
- Carrier Liability: We are not responsible for loss, theft, or damage while footwear is in the custody of third-party carriers (e.g., UPS, FedEx, USPS). Customers are strongly advised to purchase shipping insurance for the full value of their items.
- Possession: Once received, we assume reasonable care of your items. However, we are not liable for loss caused by events beyond our reasonable control.
7. Abandoned Property
Footwear not claimed within forty-five (45) days of service completion notice may be considered abandoned. We reserve the right to charge storage fees or dispose of, sell, or otherwise liquidate the property to recover storage and administrative costs in accordance with applicable law.
8. Counterfeit or Stolen Goods
- We do not authenticate footwear.
- If we reasonably suspect items are counterfeit or stolen, we reserve the right to refuse service and may report such items to appropriate authorities. You agree that Upkeep is not liable for the confiscation or loss of counterfeit or stolen goods submitted to our facility.
9. Accounts & Termination
We reserve the right to suspend or terminate accounts for fraud, abuse, chargebacks, or violation of these Terms.
10. Intellectual Property & User Content
- Licensing: By uploading photos or content, you grant Upkeep a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content for business and marketing purposes.
- Ownership: All Platform content, logos, branding, and designs are the exclusive property of Upkeep Shoes, LLC. You may not use these materials without express written permission.
11. Indemnification
You agree to indemnify and hold harmless Upkeep Shoes, LLC from any claims, damages, liabilities, or expenses arising from:
- Your violation of these Terms
- Your misuse of the Platform
- Your submission of counterfeit, illegal, or stolen goods
12. Force Majeure
We are not liable for delays or failure to perform due to events beyond our reasonable control, including natural disasters, fire, theft, labor disputes, or shipping disruptions.
13. Dispute Resolution & Arbitration
- Mandatory Arbitration: Any dispute arising from these Terms shall be resolved through binding arbitration in Los Angeles, California.
- Class Action Waiver: You and Upkeep agree that all claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
- Waiver of Jury Trial: You acknowledge that you are waiving your right to a trial by jury.
14. Governing Law
These Terms are governed by the laws of the State of California.
15. Modifications
We reserve the right to modify these Terms and the content of the Platform at any time. Continued use of the Platform constitutes acceptance of the revised Terms.
16. Privacy Policy
Your use of the Platform is also governend by our Privacy Policy, which is incorporated herein by reference.
17. Contact
For questions regarding these terms, contact: info@upkeepshoes.com
18. SMS Messaging
By providing your phone number and creating an account, you agree to receive automated transactional text messages from Upkeep Shoes, LLC regarding your repair orders.
- Opt-out: Reply STOP to cancel at any time.
- Support: Reply HELP for assistance or email info@upkeepshoes.com.
- Frequency: Message frequency varies based on order status.
- Rates: Message and data rates may apply.
