HeyHomePros Customer Terms of Service
Last Modified on November 30, 2024
PLEASE READ THIS AGREEMENT CAREFULLY;
THIS IS A BINDING CONTRACT.
Welcome to HeyHomePros! Your access and use of the HeyHomePros website and features, products, and services offered by HeyHomePros ("HeyHomePros", "we", "us" or "our") on or in connection with the Site (individually and collectively, the "Service") are subject to the terms and conditions in these Terms of Service (these "Terms"). These Terms constitute a legal agreement between you and HeyHomePros and are sometimes referred to herein as the "Agreement."
The Service provides individuals or businesses seeking to obtain handyman, home repair, installation, or other home services ("Customer") with a platform where they can engage an individual seeking to provide the selected services ("Service Professional"). A Customer will use the Service in order to select the desired services and set up a time for the Service Professional to perform these services (a "Booking"). Customers and any other users of the Service are collectively referred to herein as "Users." The Service and the Site are collectively referred to as the "Platform."
1. Acceptance of Terms
By agreeing to these Terms, including by a click-through or other agreement, or by using any aspect of the Platform, you expressly acknowledge that (a) you have read these Terms and agree to all of their terms and conditions, (b) you are 18 years of age or older, (c) you have the right, authority and capacity to enter into this Agreement, and (d) if you are entering into this Agreement on behalf of an entity, you have authority to act on behalf of that entity and to bind that entity to this Agreement.
You further agree to receive all communications, agreements and notices that we provide in connection with the Platform electronically, including by e-mail, SMS text message, or by posting them on the Site or otherwise making them available through the Platform.
These Terms contain important language governing your use of the Platform. They address, among other things, information about how we provide the Platform, how we or you may terminate the Service and/or access to the Platform, the requirements imposed on you when managing your User account and how we handle disputes.
You must agree to these Terms in order to use the Platform, and if you do not accept these Terms then you may not use any aspect of the Platform.
2. Modifications of Terms
HeyHomePros, in its sole discretion, may modify these Terms at any time effective upon posting the modified Terms on the Site. You are responsible for regularly reviewing information posted on the Site to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Site. YOUR CONTINUED USE OF THE SITE AND SERVICE AFTER SUCH POSTING MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF SERVICE.
3. Use of the Platform
Subject to full compliance with these Terms, HeyHomePros grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Platform for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms, without the express written consent of HeyHomePros.
4. Termination
HeyHomePros may terminate your privilege to use or access the Platform immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Platform and agree not to access or make use of, or attempt to use, the Platform.
All provisions of these Terms that, by their nature, should survive termination shall survive the termination of your access to the Platform, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
5. User Accounts and Security
5.1. User Account
To access certain aspects of the Platform, you must have an Account. You can create an Account by completing the registration process on the Site. We may require that you provide login information such as a username and password to access and utilize your Account.
5.2. User Account Security
Maintaining your Account security is very important. You are solely and fully responsible for maintaining the confidentiality of your Account password or other Account information and for all activities that are conducted via your Account. You agree to notify HeyHomePros immediately if you become aware of any unauthorized use of your username and password or of your Account.
5.3. User Account Sharing
Accounts are registered to you personally and may not be transferred at any time under any circumstances. You should not share your Account with, or disclose your password to, anyone else.
5.4. Deactivation by You
You have the right to deactivate your account at any time. You may deactivate your account by emailing us at support@heyhomepros.com. We may maintain a record of account and order history for deactivated accounts.
6. Cancellation and Rescheduling
Cancellations must be made at least 24 hours before your scheduled appointment to avoid cancellation fees. Cancellations made less than 24 hours before the scheduled appointment may be subject to a cancellation fee. Rescheduling requests should be made as early as possible and are subject to technician availability.
7. Pricing and Payments
7.1. Fees and Payments
All prices, fees and other amounts for the Platform are set forth on the Site (the "Fees"). All amounts shall be expressed and paid in United States Dollars. All Fees are subject to change at any time without notice. Except as otherwise expressly set forth herein, all payments made are final and non-refundable and a User shall not have the right to cancel the purchase for any reason once service has been completed.
7.2. Payment Processing
When you make a Booking, we will place a hold on the credit card that you provide to us at the time of Booking. Payment will be charged upon completion of service. You may change the payment method at any time prior to job completion by contacting us.
7.3. Failed Transactions
In the event that HeyHomePros is unable to successfully charge any linked payment instrument, HeyHomePros will notify you via email and you will be unable to initiate further bookings with your Account until a valid payment method is provided.
8. Restrictions and Conditions of Use
8.1. Use Restrictions
HeyHomePros permits you to view and use the Platform solely for your own personal use, not inconsistent with the intended purpose of the Platform. Furthermore, you agree that you will not:
- cause, permit or authorize the modification, reverse engineering, decompiling, or disassembling of the Platform;
- make any false, misleading or deceptive statement or representation regarding HeyHomePros or the Platform;
- attempt to gain unauthorized access to the Platform, accounts registered to other Users, or any servers or networks connected to the Platform;
- use the Platform for any unlawful, prohibited, abnormal or unusual activity;
- use the Platform to engage in any activity that constitutes harassment or violates privacy or threatens other people;
- use any type of bot, spider, virus, or other malicious code designed to harm the Platform.
9. HeyHomePros Intellectual Property
9.1. Trademarks
The HeyHomePros name and logo are trademarks and service marks of HeyHomePros. You do not have the right to use any of HeyHomePros's trademarks, service marks or logos without express written permission.
9.2. Ownership
You acknowledge and agree that HeyHomePros, or its licensors, owns all right, title and interest in and to the Platform, including all intellectual property rights. The Platform is protected by United States copyright laws.
10. Privacy Policy
By accepting these Terms or using the Platform, you represent that you have read and consent to our Privacy Policy in addition to these Terms. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Platform.
11. NO ENDORSEMENT; DISCLAIMER OF WARRANTIES
11.1. Although HeyHomePros displays information about Service Professionals and may collect payments for services, such actions do not constitute HeyHomePros's sponsorship or approval of any Service Professional. HeyHomePros does not endorse or recommend any Service Professional, and you agree that HeyHomePros is not responsible for the accuracy or completeness of information displayed through the Platform.
11.2. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEYHOMEPROS EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.3. SERVICE PROFESSIONALS ARE NOT REPRESENTATIVES OR AGENTS OF HEYHOMEPROS. HEYHOMEPROS DOES NOT EMPLOY OR ENGAGE INDIVIDUALS TO PROVIDE HANDYMAN, HOME REPAIR, INSTALLATION, OR OTHER HOME SERVICES. USERS HEREBY ACKNOWLEDGE THAT HEYHOMEPROS DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A SERVICE PROFESSIONAL'S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED.
11.4. CUSTOMER IS RESPONSIBLE FOR CONFIRMING THAT ANY SERVICE PROFESSIONAL PERFORMING SERVICES POSSESSES ALL REQUISITE PERMITS AND TRADE LICENSES THAT MAY BE REQUIRED FOR THE PERFORMANCE OF SUCH SERVICES. HEYHOMEPROS ASSUMES NO RESPONSIBILITY FOR A CUSTOMER'S FAILURE TO OBTAIN OR CONFIRM SUCH PERMITS OR LICENSES.
11.5. HEYHOMEPROS IS NOT RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE HEYHOMEPROS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH HEYHOMEPROS OR THE PLATFORM.
12. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEYHOMEPROS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM. IN NO CASE SHALL THE LIABILITY OF HEYHOMEPROS EXCEED, IN THE AGGREGATE, THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE FEES ACTUALLY PAID BY YOU FOR THE SERVICES.
13. Indemnification
You agree to defend, indemnify and hold HeyHomePros harmless from and against any and all claims, demands, liabilities, damages and losses including, without limitation, reasonable attorneys' fees, resulting from or arising out of (a) your use of the Platform; or (b) your breach of these Terms.
14. Governing Law
These Terms are governed by the laws of the United States, without regard to conflict of laws principles. You and HeyHomePros agree that all disputes arising out of or related to these Terms or your use of the Platform will be resolved through binding arbitration or in the appropriate state or federal courts, as applicable.
15. General
15.1. No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HeyHomePros as a result of these Terms or your use of the Platform.
15.2. Severability
If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.
15.3. No Waiver
Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or our right to enforce the same provision at a later time.
15.4. Entire Agreement
These Terms and other agreements, rules, and policies incorporated by reference constitute the entire agreement between you and HeyHomePros with respect to the Platform. It supersedes any and all prior agreements, whether written or oral, between you and HeyHomePros relating to the subject matter contained in these Terms.
If you have any questions about these Terms of Service, please contact us at support@heyhomepros.com