HOUSECALL PRO TERMS OF SERVICE
These terms of service were last modified March 4, 2025.
Welcome to Housecall Pro, a technology service (“Service”) operated by Codefied Inc. (“Housecall Pro,” “we,” “our,” or “us”), and offered via the housecallpro.com website (“Our Website”), that enables home services businesses (“Pros,” or “you”) to run their business operations. You further acknowledge that Housecall Pro’s services are designed solely for businesses, and not for consumers, and that purchase and use of Housecall Pro’s services constitutes a business-to-business transaction.
ACKNOWLEDGEMENT & ACCEPTANCE
By accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms of Service (the “Terms of Service” or “Agreement”). This Agreement, together with the Privacy Policy, applies to Pros who access, enroll in, or use the Service (“Users,” used interchangeably with “you” and “Pro” throughout this Agreement). “User” means you as an individual, as well as the employer or entity on whose behalf you are using the Service, and you represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and such employer or entity. “User” also includes consumers that use any of our services, as applicable. You, if you are the owner of your business, are able to provide administrative access to your Housecall Pro account to your employees, agents and representatives, and you acknowledge and agree that individuals with administrative access have the right and ability to control your Housecall Pro account, including accessing customer information, setting up, canceling and modifying payment information, and adding or removing other users from the account, including other administrative users.
You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on the Service or Our Website or by notifying you directly in our sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to such changes. We do not and will not assume any obligation to otherwise notify Users of any changes to this Agreement. You are responsible for remaining knowledgeable about the terms of the Agreement.
You further acknowledge that Housecall Pro’s services are designed solely for businesses, and not for consumers, and that purchase and use of Housecall Pro’s services constitutes a business-to-business transaction.
THE SECTION BELOW LABELED “DISPUTE RESOLUTION; MANDATORY ARBITRATION” OF THESE TERMS OF SERVICE CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, AND SUBJECT TO CERTAIN PROVISIONS BELOW: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
HOUSECALL PRO SERVICES
Housecall Pro offers you the use of our mobile and web-based Services which consist of field service management services and tools, subject to our various types and levels of subscription plans, as well as add-ons for additional fees. We also offer Pros the ability to process payments and access certain other services through Housecall Pro, via our Third-Party Providers (defined below), including but not limited to Payroll Processing, Pricebook, and Apps available in the Housecall Pro App Store (See section below titled “HOUSECALL PRO THIRD-PARTY OFFERINGS”). Your use of our Service is solely authorized for supporting your business, and for consumers, solely for your personal use.
USE OF THE SERVICE
The Service is offered to Users who are 18 years of age or older and reside in the United States or Canada. Use of the Service is permitted only by individuals who can form legally binding contracts under applicable law. If you do not qualify, do not use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and otherwise meet all eligibility requirements herein. You further represent that all information you provide to us (including any customer and employee information) or any of our Third-Party Providers and vendors shall be accurate, and that you shall have all necessary rights to provide and use such information for use as contemplated herein. In addition you represent and warrant that you will comply with all applicable federal, state and local laws, rules and regulations with respect to your use of the Service.
LICENSE
Subject to User’s compliance with this Agreement, Housecall Pro hereby grants User a revocable, non-exclusive, non-transferable right to access and use the Service, solely in the conduct of User’s normal course of business, and in accordance with this Agreement. User understands and agrees that the Service is provided under license to User, not being sold to User, and User does not gain any ownership interest of any kind in the Service under this Agreement.
Housecall Pro will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, Housecall Pro may restrict access to some parts of the Service, or the entire Service, to Users. Housecall Pro does not make any representations or guarantees regarding uptime or availability of the Service.
SERVICE DATA YOU PROVIDE AS A PRO
In using the Service, You may provide us, directly or indirectly, with information about you or your business, including but not limited to the following types of information (which shall be referred to collectively as “Service Data”):
Business Profile
We require Pros to complete a profile (“Business Profile”). We do not review or verify the information or representations set forth in Business Profiles.
Licenses
Pros are requested to post licensing information in their Business Profile. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts.
Insurance and Bonding
Pros may post information and documents concerning insurance policies and/or bonds covering their operations. We do not verify the accuracy of this information.
Customer Data
Individual customer data entered or imported by Pros shall remain the property of the Pro. User grants Housecall Pro and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such customer data as may be necessary to provide the Service or any Third-Party Service, including any third-party Apps you choose to download from our App store, to you and other customers, and for Housecall Pro’s internal business uses, and any other uses permitted by law, subject to the Housecall Pro privacy policy, located at https://www.housecallpro.com/privacy/.
Service Pricing Data
Service pricing data entered or imported by Pros shall remain the property of the Pro. We will not share the individual price data with a third party without the consent of the Pro, however, we reserve the right to anonymize and aggregate pricing data, and use such data for our business purposes.
Feedback
In the event that you provide us with any feedback regarding the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service (“Feedback”), you hereby assign to us all rights, including intellectual property rights, in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
Login information
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account, including but not limited to any unauthorized transactions involving any hacking or unauthorized access to or use of your account or account information. Housecall Pro has no liability for any funds paid that were charged from your account or using your credit or debit card information, or paid or transferred to the account or card on file in your Housecall Pro account. You agree to notify us immediately of any unauthorized use of your account. User is responsible and liable for: (i) User’s conduct; and (ii) any use of the Service through User’s information technology systems or environment, whether authorized or not. We have the right to disable any user name, password, or other identifier, whether chosen by User or provided by Housecall Pro, at any time if, in our opinion, User has violated any provision of this Agreement.
Data from Other Accounts
We may have access to financial and transactional data that you provide us via an import from your accounts with one or more other service providers, including Quickbooks, including data in such an account that is captured before or after any integration with Housecall Pro (“Other Account Data”). You authorize us to share your Other Account Data with our Third-Party Providers for the purposes of providing the Services and Third-Party Services to you.
Geolocation Data
We may have access to certain geolocation data of you and/or your vehicles, obtained from mobile devices including mobile phones, and third-party vehicle tracking devices, offered as a service by us. You acknowledge that you have all necessary consents and rights to convey any and all rights granted hereunder to us.
Payment Processing Information
You may provide certain payment processing information including but not limited to dates, amounts and forms of payments you receive. Users warrant that all information they provide or submit, including but not limited to Service Data, is complete, accurate and current.
Third-Party Vendor Login
In the event you elect to share your login and password information for a vendor of yours with Housecall Pro to allow Housecall Pro to take actions on your behalf upon your instructions, you represent and warrant that you are authorized to share such information with us, and that you are hereby authorizing us to take any actions that you direct us to take.
LICENSE TO SERVICE DATA / HOW WE USE SERVICE DATA
By submitting Service Data or any other content on or through our Service, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, transmit, modify, display and distribute such content (i) to the extent necessary to provide the Service; (ii) for internal business purposes; (iii) to evaluate your eligibility to use our Service and Third-Party Services, in our sole discretion, as well as to create and present to you relevant new offerings from Housecall Pro, Third-Party Providers, and our partners, (iv) to improve, modify and adapt our Service, and (v) for any other lawful purpose. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to the Service Data and any content or materials that you submit to your Housecall Pro account or the Service.
Such use is subject to our rights and obligations set forth in our privacy policy in effect as posted at www.housecallpro.com/privacy. Examples of use may include, without limitation, the following:
1.Provide relevant data to our Service and Third-Party Providers (defined below), vendors and applications (“Apps”) that utilize functionality from your account to fulfill their services and evaluate your eligibility for additional services; 2. Send communications on your behalf to effect the intended purposes of the applicable Service, e.g., sending job scheduling emails, sending en-route text notifications, offering your marketing promotions; 3. Make your services available on our and third-party Booking Services that we partner with; 4. Generate invoices to you and collect payment thereon; 5. Verify your identity, and prevent fraud or other unauthorized or illegal activity; 6. Analyze and create anonymized aggregate industry trends and analytics to improve the Service and create new features and offerings; 7. Provide customer support to you; 8. Use the names, trademarks, service marks and logos associated with your company to promote the Service; 9. Provide you with job applicants potentially looking for jobs in your industry; 10. Send you offers and marketing materials from Housecall Pro and any of our partners or affiliates that we believe may be of interest to you, and 11. any other use that we, or a third-party App or Third-Party Provider, describes at the point where we collect data or information with your consent.
Aggregated & Statistical Service Data Rights. Notwithstanding any other provision of this Agreement, Housecall Pro shall own all right, title and interest to any anonymized, aggregated and statistical data created, generated and/or derived from the Service Data and use of the Service. If Housecall Pro does not automatically own any anonymized aggregated and statistical data upon its creation, you hereby assign all right, title and interest, including intellectual property rights, in and to such aggregated and statistical data to Housecall Pro.
We also reserve the right to use any version of your website from our Housecall Pro Website Builder service (or any part thereof) for any of our marketing or promotional activities, online or offline, and to modify it as reasonably required for such purposes, and you hereby waive any claims against us or anyone acting on our behalf relating to any past, present or future moral rights, artists’ rights or any other rights you may have in or to such content with respect to such uses.
You hereby grant to Housecall Pro a non-exclusive, irrevocable, perpetual, unlimited, worldwide license to use and permit others to use, at no cost, your name, photograph, video and voice (from any recordings you provide or upload, or recordings made by us that include you), statements and information concerning your business, likeness, and personal characteristics (“Materials”) in connection with Housecall Pro’s business purposes, including but not limited to, advertising and commercial exploitation, in any format now known or hereafter developed at Housecall Pro’s sole discretion. Such uses of the Materials may include, but are not limited to: use on Our Website, use on social media, use of Materials within advertising, promotional, and educational communications, use for training, and any other public use in furtherance of Housecall Pro’s business purposes.
Franchises
If you are a franchisee or licensee, and you subscribe to Housecall Pro through an offer or or in conjunction with your franchisor or licensor, you authorize Housecall Pro to provide access to your Housecall Pro account, and all information therein, to your franchisor or licensor. You also authorize us to act on, and follow instructions from your franchisor or licensor with regard to your account including the terms of any agreement between you and Housecall Pro. If you are a franchisor or licensor, you hereby represent and warrant that you have all necessary rights and authorizations to direct Housecall Pro to take any actions or follow any instructions from you with respect to any franchisee or licensee accounts. If you subscribe to any of Housecall Pro’s franchise payment reporting offerings, you understand and agree that such offerings are dependent upon the information provided by franchisors and franchisees, and therefore Housecall Pro makes no representations or warranties regarding the accuracy of such reporting. Franchise reporting offerings do not include any payments processed outside of the Housecall Pro system and not reported by franchisees.
COMMUNICATING WITH YOU/TCPA CONSENT; WITHDRAWING CONSENT; HELP
You authorize Housecall Pro, inclusive of its agents, affiliates and independent contractors, to contact you at the email address(es) and telephone number(s), including by texting, that you have provided to Housecall Pro for advertisement, telemarketing, solicitation or other purposes, including contacting you using an automated telephone dialing system or a pre-recorded or artificially-generated voice, even if you have previously requested to be placed on our Do-Not-Call list, or your phone number appears on a state or federal Do-Not-Call list, or you have previously opted-out from receiving marketing emails from us. You can withdraw your consent to receive text messages at any time by replying with a text saying “STOP”. After you send a message “STOP” to us, we may send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us, unless you thereafter provide consent. If you are experiencing issues with the text messaging program you can reply with the keyword “HELP” for more assistance, or you can get help directly at support@housecallpro.com. Neither the carriers, nor Housecall Pro are liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us, and to us from you. Message frequency may vary. If you have any questions about your text or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy at https://www.housecallpro.com/privacy. Consent to receive marketing messages is not a condition to using our services, and if you choose not to consent, you may opt out by calling 719-982-0575.
You also agree that all personal information you provide to register with the Service is governed by our Privacy Policy, and you consent to all actions Housecall Pro takes with respect to your personal information consistent with its Privacy Policy. Where it is permitted by law, Housecall Pro may rely on implied consent. You also represent and warrant that you have obtained all necessary consents for any communications to your employees and customers that are facilitated by or delivered via our Service, and you acknowledge that you are solely responsible for compliance with any applicable laws, rules or regulations relating to your communications with your employees and customers (including but limited to any such laws, rules or regulations relating to recording of telephone calls), and you represent and warrant that Housecall Pro may rely on your instructions with regard to any such communications.
CONSENT TO THIRD PARTY MONITORING AND PROCESSING
You understand that your communications with Housecall Pro, including but not limited to telephone calls, SMS messages, chats, and in-product communications, maybe be monitored live, recorded and/or processed by third-party partners and vendors of Housecall Pro for purposes of analysis, quality assurance, training, improving our products and services, and enhancing and facilitating Housecall Pro’s interactions with you and that such third parties may use such recordings and information therein for in providing services to Housecall Pro to be used for such purposes. You hereby consent to such live monitoring, recording and processing, and the foregoing uses of such information by Housecall Pro and any of its third-party partners and vendors.
CONSENT TO INTERACTING WITH HOUSECALL PRO VIA ARTIFICIAL INTELLIGENCE AND PRE-RECORDED CALLS
You understand that Housecall Pro may contact you, respond to or answer your inquiries, or perform actions on your behalf, whether by phone, text, SMS, email or in-product, using artificial intelligence (AI). For example Housecall Pro may use AI to transcribe and analyze your communications to us, and use AI-generated responses to your communications with Housecall Pro, and we may call you via telephone using an AI-generated voice to communicate. Based on these communications, we may perform actions that would typically have been performed by our employees or our product. We may also enable AI functionality as a product feature that facilitates similar functionality for use by you in serving or communicating with your end customers. You hereby consent to Housecall Pro interacting with you via AI-generated voice, text, email and all other forms of communication. In addition, you consent to Housecall Pro calling you using pre-recorded messages.
CONSENT TO DATA USE AND AI INTEGRATION
By using our services, you acknowledge and consent to our collection, use, and processing of your information, content, and communications (“User Data”) for the improvement, development, and training of our artificial intelligence (AI) models and tools, and for providing our services to you.
This may include, without limitation:
1. AI Model Training
Your User Data may be used to train and enhance our proprietary AI models to improve the functionality, accuracy, and security of our services.
2. Third-Party AI Vendors
We may engage third-party AI providers to support the functionality of our services. We use reasonable efforts to prohibit such providers from using any of your personal information for the purposes of developing and improving their AI models. In addition, these third parties are required to implement privacy and security measures consistent with our obligations under applicable data protection laws. Notwithstanding the foregoing, you acknowledge and agree that once integrated with these third-party AI models, your User Data (including any data derived therefrom) may continue to be used, analyzed, and enhanced by both us and our third party providers for ongoing model improvement, product innovation, and other business purposes.
3. Data Retention
Data used for AI training purposes may be retained as part of our AI model’s knowledge base. We will ensure that retention of any such data complies with applicable laws.
SUBSCRIPTION FEE FOR USE OF HOUSECALL PRO
Subscription fee
Housecall Pro has various levels of service that are billed on a subscription basis for the term as specified when you subscribed. When you sign up for a subscription-billing based account, you agree to pay for, and to allow us to bill your credit card (or other payment method provided by you) for, all due charges, including all taxes and other applicable charges, in advance, at regular intervals, in accordance with the term of the Services to which you subscribed. The subscription period can be month-to-month, annual, or another duration described more fully on https://www.housecallpro.com/pricing/. You understand and agree that we may elect to modify your billing frequency at any time, without notice, including, for example, billing a monthly subscription on a weekly basis. ALL SUBSCRIPTIONS AUTOMATICALLY RENEW, IF NOT TERMINATED PRIOR TO SUCH AUTO-RENEWAL FOR A PERIOD EQUAL TO THE SUBSCRIPTION PERIOD. For renewals, Housecall Pro will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. You hereby authorize us to re-bill for any failed billing or past-due amounts, including charging any alternate forms of payment that you have provided. You acknowledge and agree that any bank account or Card information may be held by Housecall Pro in order to satisfy any of your account balances, disputes, refunds, Chargebacks or other liabilities or obligations during your use of Services and after leaving or terminating the Service. Subscription fees will not be prorated or refunded, except as expressly set forth in this Agreement. We will bill you a full period’s subscription fee and you are responsible for payment of such fee unless the cancellation is within our Money-back guarantee window (see below). We reserve the right to revise pricing, for any or all of our offerings, at any time, and such revised pricing shall become effective upon our provision of notice or as otherwise provided in such notice. Any fees not paid when due may incur late payment fee equal to the lesser of 1.5% per month or the maximum amount allowed by law.
Money-back guarantee
In select agreements, when specifically communicated to you, we offer a money-back guarantee for the first 30 days. We will refund you all of the subscription charges if you cancel within this time period. You will not receive a refund for items not included in the baseline monthly subscription fee (including activation fees, postcards, chargebacks, etc.). This money-back guarantee does not apply to re-enrollments, renewals after your first subscription or upgrades.
To cancel your service and request a refund, please email us at cancellations@housecallpro.com.
Customer Service
You are solely responsible for all customer service issues between you and your customers relating to your services, including pricing, fulfillment, cancellation by you or customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us.
Taxes – Sales & Use
To protect our customers and comply with all local laws, we will collect and remit sales tax where required. Not all states enforce sales tax on products and services like Housecall Pro, so you may not be affected.
PAYMENT PROCESSING TERMS OF SERVICE
You may have the option, at our discretion, of taking advantage of our payment processing offering (“Housecall Pro Payments”) to process your customers’ payments via credit or debit card or ACH or automated funds transfer, subject to our approval of your eligibility for such offerings. Such offerings are subject to certain fees as disclosed to you at the time of sign up, or as posted on our website. By using Housecall Pro Payments, you acknowledge and agree that we may use third-party payment processors or other service providers (“Third-Party Payment Processors”) and that the terms and privacy policies of any such Third-Party Payment Processors are applicable to you. We currently use Stripe as our payment processor. By registering for or using Housecall Pro Payments, you agree to be bound by the Stripe Services Agreement and Stripe Connected Account Agreement, and any other terms contained therein. Housecall Pro is not liable for the acts or omissions of any third-party, including any Third-Party Payment Processor. See below for additional terms and conditions regarding your access to and use of Housecall Pro Payments.
Card Not Present
You acknowledge that all payment or financial card (“Card”) transactions (except those conducted using card readers provided by us or using Tap to Pay on Mobile, as available through us) are processed as “card not present” transactions, even where the consumer is at the physical point of sale and that a consumer has different Chargeback rights for “card not present” transactions than for transactions where the buyer physically presents the card to the seller.
Underwriting
We will review some or all of the information that you submit in connection with your request to sign up for Housecall Pro Payments. We may forward such information to Third-Party Payment Processors or Third-Party Financial Partners (as defined below). After you submit your application, we or our payment processor may conclude that you will not be permitted to use Housecall Pro Payments.
Payment Processing Transaction and Account Reviews
From time to time, and in our sole discretion, we review account and transaction activity, including when bank transfers are initiated, to evaluate your eligibility, or continued eligibility, to access our processing and other financial related product offerings. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this Agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity, business information, or financial standing. We also may obtain information from third parties, including but not limited to consumers and financial institutions, and we may contact your customers to obtain relevant information. We may limit your account and your access to money in it or that is sent to you until verification is completed.
Reviews may result in:
– delayed, blocked or canceled transfers;
– money or payments being held by us;
– money or payments being applied to amounts you owe to us or used to offset loss incurred by us;
– account limitation, suspension or termination;
– money or payments being seized to comply with a court order, warrant or other legal process; and/or
– money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).
Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised Housecall Pro account, or if you were a participant in a transaction for goods and services between two personal accounts.
Transaction Limits
We may impose various transaction limits and rules on Pros. If you believe that the transaction limits are interfering with your business, please contact our support to request higher limits. We may require more information about your business to evaluate your request and will decide at our sole discretion whether to honor such requests. We will consider a variety of factors in making our decision, including but not limited to a proprietary set of rules, Chargeback rates, transaction behavior, and other supplemental data about your business.
Restrictions on Certain Transactions
You may not use Card transactions for activities unrelated to the activities described in your Business Profile. Without limiting the generality of the foregoing, you may not use Card transactions for shipping products, for selling products not related to on-site work in the business described in your Business Profile, receiving payments on loans, for cash advances, or for transactions involving motor vehicles.
Payment Processing Fees
You agree to pay payment processing or other transaction-related fees (“Payment Processing Fees”). We reserve the right to change our Payment Processing Fees at any time in our sole discretion.
Access to Your Funds
We will deposit to your bank account (defined as the bank account as specified in your Housecall Pro account) the amounts actually received by us for transactions submitted through the Service (less any applicable Payment Processing Fees and any money that you owe Housecall Pro). We reserve the right to revise our payout schedule. Once your bank account information is verified, we will automatically initiate a payout to your designated bank account at the end of every business day except as provided below. Payouts to your bank account will normally register within 2-3 business days subject to your bank’s policies. We may offer you the ability to direct funds to multiple accounts.
Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when we or the designated financial institutions have accepted the transaction or funds. We will attempt to rectify processing errors that we discover, and may withhold funds pending our investigation of any such errors. You are responsible for monitoring your transactions and ensuring that our payments to you are correct. You must notify us of any errors in payments made to you within sixty (60) days of the error first appearing on your electronic transaction history, and failure to do so will be deemed a waiver of any right to amounts owed to you. However, notification within such sixty (60) day period does not ensure that any such error will be able to be corrected.
Restrictions on Availability of Funds
Should we need to conduct an investigation or resolve any suspicious activity or pending dispute related to a Pro account, we may delay payout or restrict access to your funds for the entire time it takes for us to do so. We also may delay payout or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entities.
Chargebacks
The amount of a transaction may be reversed or charged back to your bank account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Card Associations (defined below), our processor, or a payer’s or our financial institution, (c) was not authorized or we have any reason to believe was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
There is a non-refundable $25 fee for each Chargeback regardless of the outcome of the dispute.
Contesting Chargebacks; Our Collection Rights for Chargebacks. For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve (defined below). In the event a customer charges back a payment that we have processed and caused funds to be delivered to your account, (i) our payment processor, Stripe, may withhold or take back such amounts while the charge is in dispute and (ii) you will be solely responsible for refunding to the customer the amount of any and all Payment Processing fees from the original transaction (and you authorize Housecall Pro to refund such amounts to the consumer from your account). In such event, if your account does not have sufficient funds, we may be required to advance such funds to Stripe on your behalf. If this occurs, you agree that we are entitled to be reimbursed by you immediately, and that your sole remedy lies with your customer and your customer’s bank. We may deduct the amount of any Chargeback and any associated fees, fines, or penalties assessed by the card-issuing bank or organization (“Card Association”) or our processor from your bank account (including without limitation any Reserve), from any proceeds due to you, your bank account, or from any other payment instruments registered with us. If you have pending Chargebacks, we may delay payouts to your bank account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that (a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all the Pros account deficit balances unpaid by you.
Any bank account or Card information may be held by Housecall Pro in order to satisfy any of your account balances, disputes, refunds, Chargebacks or other liabilities or obligations after leaving or terminating the Service.
Excessive Chargebacks
If we determine, in our sole discretion, that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your account, including without limitation, by (a) establishing new Payment Processing Fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts and (d) terminating or suspending your access to the Service.
Reserve
In addition to the foregoing, if we have reasonable suspicion of misuse, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks or refunds, or other indications of performance problems related to your use of the Service. The Reserve will be in an amount as reasonably determined by us to cover anticipated Chargebacks, returns, unshipped merchandise and/or unfulfilled products or services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or otherwise as we or our processor may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your account, including but not limited to any funds (a) due to you under this Agreement or (b) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your bank account.
Taxes – Withholding
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our Service (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We will comply with applicable laws regarding tax reporting and withholding. If in a given calendar year you meet the US Internal Revenue Service reporting thresholds (currently $5,000 as of the date of these Terms of Service), we will report annually to the Internal Revenue Service (“IRS”), as required by law, your name, business name, address, Tax Identification Number, the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year. It is your responsibility to ensure that your business name and Tax Identification Number as provided to Housecall Pro are accurate and up to date.
Refunds and Returns
You agree to process returns, and provide refunds and adjustments, for your goods or services through your Pro account in accordance with these terms and any applicable Card Association rules. Card Association Rules may require that you will (a) maintain a fair return, cancellation or adjustment policy, (b) disclose your return or cancellation policy to customers at the time of purchase, (c) not give cash refunds to a customer in connection with a Card sale, unless required by law and (d) not accept cash or any other item of value for preparing a Card sale refund. You are responsible for knowing and adhering to the Card Association Rules applicable to you, and Housecall Pro will not be liable for any violation by you of the Card Association Rules. The amount of the refund/ adjustment must include any associated taxes required to be refunded, and all Payment Processing Fees, and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If you accept returns and are making an uneven exchange of merchandise (e.g., the sales price is not the same), you must issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the buyer, you may still receive a Chargeback relating to such sales. You can process a refund through your account up to sixty (60) days from the day you accepted the payment. If the balance in your account is insufficient to cover the refund, we will withdraw up to the requested refund amount from your bank account and credit it back to your customer’s Card. Because you are responsible for all Payment Processing Fees, in the event of a refund, Housecall Pro may retain the Payment Processing Fees previously paid for the transaction, however, you are responsible for refunding to your customer the full amount paid by your customer (including the Payment Processing Fees), and you authorize Housecall Pro to refund all such amounts to the consumer from your account. We have no obligation to accept any returns of any of your goods or services on your behalf.
Account History
We provide you an online transaction history of all of your authorized transactions. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your account and your use of the Service and (b) reconciling all transactional information that is associated with your account.
RELATED FINANCIAL SOLUTIONS TERMS OF SERVICE
You have the option of taking advantage of related financial products and services offered through the Service (each a “Financial Solution”). Such offerings are subject to certain fees as disclosed to you at the time of sign up. By using Financial Solutions, you acknowledge and agree that we may use third-party technology and service providers (“Third-Party Financial Partners”) and that the terms and privacy policies of any such Third-Party Financial Partners are applicable to you. Housecall Pro is not liable for the acts or omissions of any third-party, including any Third-Party Financial Partners. See below for additional terms and conditions regarding your access to and use of Financial Solutions.
NOTE: We may request that Third-Party Financial Partners establish accounts for you to enable the provision of payment processing and other Financial Solutions, including accounts for Financial Solutions which you are not currently using, but for which you may be or become eligible. Such accounts will not become fully activated for you until you request such access and have agreed to the applicable partner terms and conditions. If you wish not to have any Financial Solutions enabled on your behalf, you may submit a request in writing via email to securedocuments@housecallpro.com with such request and, within 10 business days of receipt, any such accounts enabled on your behalf that you are not currently using will be closed and no further such accounts will be enabled on your behalf. If you do not fully activate an account for a Financial Solution enabled on your behalf within six (6) months of such Financial Solution being enabled, we may close the account at our sole discretion.
Consumer Financing
Housecall Pro does not provide consumer financing, but may partner with Third-Party Financial Partners through which you may access their consumer financing offerings. Currently we have partnered with Wisetack. When you apply for financing through such Third-Party Financial Partners, you understand and agree that we may share information about your business, including processing and payment history, with such Third-Party Financial Partner. You acknowledge and agree that any such consumer financing is provided solely by such Third-Party Financial Partner, and Housecall Pro has no obligations or liability to you or your customers with regard to any offerings from, or your dealings with, such Third-Party Financial Partner.
INTELLECTUAL PROPERTY AND WEBSITE CONTENT
Ownership
We or our licensors or partners own the intellectual property rights in the content and materials displayed on Our Website(s), including but not limited to any materials to which you have access via your use of Conquer services (“Site Content”). You may use Our Website(s) (including any Site Content) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Site Content unless explicitly authorized in these Terms of Service or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of Our Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Pro Websites
The Service will allow you to set up a website through which you may advertise and offer your services or goods (“Pro Website”). If you own and wish to use an existing domain name for your Pro Website, you may be required to transfer management of the domain name to Housecall Pro. Alternatively, you can request that Housecall Pro purchase the domain name for use in your Website, in which case Housecall Pro will purchase such domain name on your behalf if available. In the event you cancel your Pro Website with the Housecall Pro Website Builder feature of the Service, we will, at your written request, transfer your domain name to any hosting service you identify, and if no instructions for transfer are received within 30 days after your cancellation takes effect, then we will cease to renew your domain name effective upon the next regular renewal date. You acknowledge and agree that this is your sole remedy with regard to the transfer of any domain name following your cancellation of the Pro Website within the Service. If you wish to change the domain name you use for your Pro Website, we will either accept the transfer from you or purchase, if available, the new domain name and transfer to you the domain name previously used by you. The domain name used for your Pro Website is referred to in this Agreement as the “Domain Name.” We will bill you for all charges or fees associated with the purchase, transfer and maintenance of any domain names used by you for your Pro Website.
Housecall Pro does not make any guarantees, representations or warranties with regard to (i) the search rankings results of Pro Websites, or (ii) the compliance of such websites with the Americans with Disabilities Act, or any other U.S. accessibility laws, rules or regulations, either state,federal or local, or such laws under any other country or political subdivision of such country..
You are responsible for assuring that the Domain Name and any content that you display on your Pro Website do not violate any rights of any third-party, including any intellectual property rights. We may modify and/or make changes to, or remove your Pro Website at any time if we determine or have reason to believe, in our sole discretion, that your Domain Name may infringe upon the rights of any third-party.
Copyright
We respect the intellectual property rights of others and act in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any of your work has been copied or was otherwise used in a way that constitutes copyright infringement, please immediately notify our designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please include the following information in writing to our designated Copyright Agent: (a) a physical or electronic signature and the contact information of the person authorized to act on behalf of the owner of the copyright, (b) a description of the copyrighted work you claim has been infringed, (c) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material (including the URL address), (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (e) a statement that the information in the Notification is accurate, and, under penalty of perjury, a statement that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Please be advised that pursuant to federal law you may be held liable for damages if you make a material misrepresentation in the Notification. Thus, if you are not certain that your copyright has been infringed, you should consider consulting an attorney.
Our Copyright Agent can be reached at the following address:
Codefied Inc. dba Housecall Pro
4180 Wynkoop Street, Suite 310
Denver, CO 80216
Attention: Copyright Agent
Email: copyrightagent@housecallpro.com.
If you believe your own copyrighted material has been removed as a result of a mistake or misidentification, you may submit a written counter notification to our designated Copyright Agent using the contact information provided above (“Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (a) identification of the information that has been removed or disabled and the location at which the material appeared before it was removed or disabled, (b) a statement that you consent to the jurisdiction of the U.S. Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located, (c) a statement that you will accept service of process from the party that filed the Notification or the party’s agent, (d) your name, address and telephone number, (e) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, and (f) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
Materials You Provide
You are responsible for all content you provide to Housecall Pro in connection with your Pro Website, including photos, images, graphics, written content, audio files, or other information or data (the “Materials”). We do not claim any intellectual property rights over the Materials other than the domain name you provide to populate your Pro Website. All Materials you upload remain your property. You can remove the Materials and your Pro Website at any time by deleting your account.
By uploading your Materials, you agree (a) to allow other Internet users to view the Materials you post publicly to your Pro Website, (b) to allow Housecall Pro to store, and in the case of Materials you post publicly, to display the Materials, and (c) that Housecall Pro can at any time review any of the Materials although Housecall Pro is not obligated to do so.
You are responsible for ensuring that your Materials and the content shown on your Pro Website do not violate any law or regulation, do not violate any rights of any third party, including any privacy rights, and do not infringe upon any intellectual property rights of any third party.
Your Housecall Pro account is not intended to be used for storing sensitive data, including but not limited to consumer credit card or bank account information. You should not store such data in your Housecall Pro account, and you acknowledge and agree that Housecall Pro is not responsible for any storage of such information in your Housecall Pro account.
ACCEPTABLE USE OF OUR SERVICE
Certain uses of our Service are inconsistent with our mission to improve the experience of our Pros. The following activities are prohibited:
Child exploitation: You may not post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
Harassment, bullying, defamation and threats: You may not post or upload Materials that harass, bully, defame or threaten any person.
Hateful content: You may not use the Service to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discrimination. You may not use the Service to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.
Illegal activities: You may not use the Services, including but not limited to posting or uploading Materials for any illegal purposes, or in any manner that violates any applicable laws (e.g., Anti-money laundering laws).
Privacy or Intellectual property: You may not post or upload Materials that infringe on the privacy or intellectual property rights of others.
Obscene or offensive content. You may not post or upload any Materials that we find in our sole discretion to be obscene, indecent or offensive in any way.
Malicious and deceptive practices: You may not use the Service to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Service or other infrastructure of Housecall Pro or others, including any of our Third-Party Providers. You may not use the Service for deceptive practices or activities.
Personally identifiable or confidential information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
Self-harm: You may not offer goods or services, or post or upload Materials that promote self-harm.
Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
Terrorist organizations: You may not offer goods or services, or post or upload Materials that imply or promote support or funding of, or membership in, a terrorist organization.
Service Bureau: You may not, directly or indirectly, use any of our Services for timesharing or service bureau purposes or otherwise for the benefit of a third party, other than as specifically authorized herein;
We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Service if you engage in activities that violate this Agreement.
SMS NOTIFICATION, CHAT, AND PHONE NUMBER
Default and Pro specific notification phone numbers
You will be able to, and may be required to, add a company specific phone number feature for an additional monthly charge, at Housecall Pro’s discretion, if your Housecall Pro subscription includes access to the feature. You may be able to choose the area code in which the company specific phone number is located. In order to be able to receive or send SMS messages, you will be required to register your ten-digit phone number with our carrier via your HÇP account (A2P Registration). Based on your configuration of the Services, job related notifications will be sent to your customers from the applicable above phone number when notifications are turned on. You agree that you are the sender of these communications, not Housecall Pro, and that you have obtained all necessary consents from the recipients of such text messages to receive such text messages. You also agree that Housecall Pro is not liable to you, your employees or independent contractors, or your potential or actual customers for any such communications. You further agree that you will indemnify, defend and hold harmless Housecall Pro from any claims that these communications violate any federal, state, or local law, rule or regulation.
Notification phone number transferability
Pro specific notification phone numbers may not be transferable. Your pro specific notification phone number will be held for ninety (90) days after you cancel your subscription.
Restrictions and limitations
If we have reasonable suspicion of misuse, we may temporarily suspend or deactivate your phone number functionality for any period of time, in our sole discretion.
COMMUNICATIONS ON YOUR BEHALF
In the event you instruct or authorize Housecall Pro to communicate to third parties on your behalf (including your customers and prospects), whether via telephone calls, SMS messaging, emails or otherwise, you hereby represent and warrant that you and Housecall Pro are authorized to engage in such communications, that you shall be deemed to be the sender or originator of such communications, and that such communications shall comply with all applicable laws, rules and regulations, including but not limited to the Telephone Consumer Protection Act, the Telemarketing Sales Rule, CANSPAM, and Federal, State and internal Do-Not-Call lists, Canada’s anti-spam legislation, and any applicable privacy laws and regulations.
BOOKING SERVICES
Housecall Pro offers the ability for consumers (“Consumers”) to book your services, interact with you during your services, view line items and work progression, sign-off on your services, and pay for your services through the Housecall booking app and website, and other third-party booking services (collectively “Booking Services”). Housecall Pro may provide you with the ability to display a link to your terms and conditions for your customers to agree to when using the Booking Services. Housecall Pro makes no representations or warranties with regard to the validity or binding nature of your customers’ acceptance of your terms and conditions or specific contract terms when using the Booking Services.
Booking Services Data
Consumers of Booking Services have the ability to order and transact service work through a Booking Services provider. Consumers on those platforms have the right to access and use service work data for all services performed on properties they own within Pro service records. Consumers may be able to create an account with the Booking Services provider and are additionally subject to the terms and conditions of the Booking Services provider.
Booking Services Referral Fees
We may charge a referral fee for each job from a Booking Services Consumer. The rates for this fee shall be disclosed upfront and are subject to change.
Booking Services Referral Fee Exclusion for a Pro’s Existing Customers
For jobs booked through the Housecall Pro consumer app, Pros will not pay a referral fee for customers that were previously existing customers of a Pro. To be properly credited for this, the customer must be linked to the Pro’s account prior to the origination of a job. To link to a Pro, one of the following must occur: 1) the customer must enter a Pro’s “app code” in the Housecall booking app before booking a job or having a job booked on their behalf by the Pro, 2) the customer must register with the Housecall Pro consumer app by clicking the link in the text or email that is sent by the Housecall Pro service as part of a job workflow, or 3) the confirmed email that the customer uses to register or originate a job with must match the email address that the Pro has on file for a customer in their own database before a job is ordered. Fees may be incurred, however, for jobs sourced through third-party Booking Services providers, even in such cases where the customer was a previously existing customer of a Pro.
HOUSECALL PRO PRODUCTS AND SERVICES
Housecall Pro offers all of its products, services and content on an “as-is” basis. This includes any products, services or content including but not limited to those relating to booking, scheduling, invoicing, job pricing, payroll processing, coaching, Service Plans and agreements, training, virtual assistant, websites, ratings, inventory, parts ordering, sales proposals, blog posts, and social media posts. We may change terms, including pricing, for any products or services, and discontinue any products or services, including Third-Party Services, upon prior notice to you.
Pricebook
If you use our Pricebook feature, you understand and acknowledge that prices generated from Pricebook do not guarantee any particular outcome. Many factors are involved in the profitability of a business, and the Pricebook service is offered merely as a tool to assist you with evaluating your pricing of jobs. You further acknowledge that the Pricebook feature may rely, in whole or in part, on third-party data provided by Third-Party Providers. We make no representations or warranties regarding the accuracy, reliability, or completeness of these third-party materials, and disclaim all liability arising from or related to their use. Furthermore, you understand that any data generated through the Pricebook feature may be subject to periodic updates, changes, or service modifications by the Third-Party Providers, and that neither we nor our Third-Party Providers are responsible for any resulting impact on your business, pricing strategies, or decision-making processes.
Virtual Assistant
If you subscribe to our HCP Assist virtual assistant service, you are requesting that we make and accept phone calls and chat requests to and from your customers on behalf of your business. You hereby instruct and authorize us to answer inbound calls from your customers on your behalf, answer questions from, schedule jobs with, take messages from and take payment from such customers. You also request and authorize us to make outbound calls as directed by you, solely to your existing customers or in response to a valid inquiry, with regard to scheduling, Service Plans, follow-up calls, payment collection, and any other tasks in the normal course of your business. You agree that any of such calls may be made or received with artificially-generated voice communications. You shall provide us with all outbound telephone numbers to be called, and you represent, warrant, and covenant that you will not request or direct us to make any unsolicited marketing calls to consumers, or otherwise in violation of any applicable laws, rules or regulations. You also authorize us to use your business phone number to appear as the caller identification. You further authorize us to record any calls with consumers, subject to compliance with all applicable call recording laws. You may request that we not provide your customers notice that a call will be recorded, provided, however, in such event, you hereby represent and warrant that either such notice of recording is not required by any applicable laws, or alternatively that you will provide such notice to the customer and obtain any required consent in accordance with all applicable laws. You are solely responsible for the forwarding of calls from your number to us. If you port your number into our system, you understand that it is your responsibility to port it out of our system if you so desire.
Service Plans
Service plans (“Service Plans”) provide you with the opportunity to offer your customers service plans on your behalf for recurring services, including automatic recurring billing and charging of your customers payment method. You represent and warrant to us that you have obtained all necessary consent from your customers for whom you indicate acceptance of a Service Plan, and that you will comply with all applicable laws, rules and regulations regarding such Service Plans, including but not limited to providing applicable auto-renewal notifications. You agree to indemnify, defend and hold us harmless from any claims from consumers that charges pursuant to a Service Plan were not authorized.
Job Inbox
Job Inbox provides eligible pros with potential job opportunities sourced from our partners. To be eligible, you may be required to undergo a background check. By electing to participate in Job Inbox, you expressly authorize Housecall Pro to (i) perform a background check on you or your employees, as directed, and (ii) share information about you, and any information related to Job Inbox jobs that you receive, including but not limited to information regarding the status and completion of such jobs, with applicable partners.
Beta Testing
You may from time to time be invited to participate in the alpha or beta testing of a new proposed product or service (“Beta Product”), which may be free, or for which there may be fees. Unless you enter into a separate beta agreement with regard to any such Beta Product, you acknowledge and agree that: (a) the Beta Product is not an official product and has not been commercially released for sale by Housecall Pro; (b) the Beta Product is provided “as is”, and may not operate properly or be fully functional; (c) the Beta Product may contain errors, design flaws or other problems; (d) use of the Beta Product may result in unexpected results, loss of data or communications, or other unpredictable damage or loss; and (e) Housecall Pro has the right to abandon development of the Beta Product at any time and without any obligation or liability to you. You are solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Beta Product.
Forms and Templates
We may offer or provide access to certain forms or templates as part of the Services (“Forms”). These Forms are provided for information purposes only, and do not constitute legal, tax, accounting or business advice. While such Forms may assist you in complying with applicable laws and regulations, it is solely your responsibility to ensure that your business complies with all applicable laws and regulations. Housecall Pro makes no representations about such Forms. You should consult with appropriate professionals before using any such Forms.
ADDITIONAL HOUSECALL PRO THIRD-PARTY OFFERINGS
Housecall Pro offers additional products, services and support (“Third-Party Services”) that are made available by Housecall Pro through third-party service providers (“Third-Party Providers”). Some examples of Third-Party Services include human resources compliance services, business insurance services, health insurance services, and retirement services. Housecall Pro does not provide the Third-Party Services, and is not liable for your use or inability to use any of the Third-Party Services, or for the acts or omissions of any Third-Party Providers, and you agree to hold Housecall Pro harmless from the foregoing. Your rights and obligations with regard to Third-Party Services are as set forth in the terms and conditions or agreement between you and the applicable Third-Party Providers. You understand and agree that your remedies for any disputes or claims with regard to Third-Party Services lie solely with the applicable Third-Party Providers and not with Housecall Pro. In the event you elect to use any of the Third-Party Services, you hereby authorize Housecall Pro to provide the applicable Third-Party Providers with any information that you have provided Housecall Pro, or uploaded to your Housecall Pro account to enable or facilitate such Third-Party Providers provider the Third-Party Services.
Payroll Processing
If you elect to receive payroll processing services from Housecall Pro (“Payroll Processing Services”), such services may be provided, in whole or in part, by a Third-Party Provider (“Third-Party Payroll Processor”) which may include Check Technologies, Inc. (“Check”). You agree that we may share any payroll related information regarding your account, your business and your employees and contractors, directly to our Third-Party Payroll Processor, in order to provide the Payroll Processing Services. You represent and warrant that you have all necessary consents and authorizations to provide any of the foregoing information to us and to our Third-Party Payroll Processor. You further agree that you are solely responsible for ensuring that all the information you submit relating to payroll processing, including but not limited to calculations of overtime and regular rate of pay, shall be accurate and up to date, and in compliance with all applicable federal, state and local laws, rules or regulations (“Employment Laws”). You will be held responsible by taxing authorities for the timely filing of employment tax returns, the accuracy of those returns, and the timely payment of employment taxes. In providing the Payroll Processing Services, Housecall Pro does not assume or share this obligation. You may be legally obligated to retain certain of your records or those of your employees and contractors; Housecall Pro does not assume this obligation. It is your responsibility to download and retain records as legally required. No information provided to you in connection with the Payroll Processing Services is intended to be legal, accounting or tax advice. You are responsible for consulting with a legal, accounting, tax or financial expert as needed. In offering the Payroll Processing Services, Housecall Pro is not acting as a fiduciary for you. In the event Housecall Pro offers any functionality to determine overtime amounts or paid time off, or to calculate taxes, withholding or other payroll-related calculations, you agree that such functionality is provided “as-is”, without any warranties or representations, and that it is your sole responsibility to ensure any such calculations are accurate, correct and in compliance with any applicable Employment Laws. You agree that upon any termination of your Payroll Processing Services, whether such termination is by you or Housecall Pro, Housecall Pro shall not be obligated to complete any further filings for you, for tax, accounting or any other purposes, which are due subsequent to the date of termination. Your relationship with our Third-Party Payroll Processor is governed by our Third-Party Payroll Processor’s terms. If such Third-Party Payroll Processor is Check, you are agreeing to the following Check Terms of Service and Privacy Policy: Check Payroll User Service Terms; Check Privacy Policy. By registering for or using Housecall Pro Payroll Processing Services, you agree to be bound by such terms, and any other terms contained therein. Housecall Pro is not responsible or liable for the acts or omissions of any third party, including any Third-Party Payroll Processor or their use of your information, and you hereby release, waive, discharge, and covenant not to sue Housecall Pro with respect to any and all claims, demands, actions, or causes of action resulting from the Third-Party Payroll Processor’s activities, services, or duties. To the fullest extent permitted by law, you are responsible for your use of Payroll Processing Services, and you will defend and indemnify Housecall Pro from and against every claim brought by a third party, including but not limited to your employees, contractors and subcontractors, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with your use of Payroll Processing Services, including, for the avoidance of doubt, any expenses for recovery of funds erroneously issued or transferred to any payee or credited to any payee’s account, or other errors occurring due to erroneous or changed payment information which Housecall Pro becomes liable for or otherwise incurs.
INTERACTIONS AND DISPUTES WITH CONSUMERS
No Warranty or Endorsement of Pros Services
WE DO NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR PRO. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. WE DO NOT WARRANT PROS’ PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY PRO. WE DO NOT CONTRACT FOR OR PERFORM, AND ARE NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY PROS OR THE PROS ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY PRO.
Relationship Between Pros and Consumers
PROS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH CONSUMERS. CONSUMERS’ RIGHTS UNDER CONTRACTS A CONSUMER ENTERS INTO WITH PROS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD A CONSUMER HAVE A DISPUTE WITH ANY PRO, THE CONSUMER MUST ADDRESS SUCH DISPUTE WITH THE PROS DIRECTLY. WE ARE NOT A PARTY OR THIRD- PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND PROS. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND A CUSTOMER OF YOURS DOES NOT INVOLVE HOUSECALL PRO. YOU EXPRESSLY AGREE THAT HOUSECALL PRO IS ENTITLED TO BE REIMBURSED FROM ANY MONEY OWED TO YOU, OR IN YOUR ACCOUNT, IN THE EVENT HOUSECALL PRO IS REQUIRED TO ADVANCE FUNDS ON YOUR BEHALF DUE TO A CONSUMER CHARGING BACK A CREDIT CARD PAYMENT PROCESSED BY HOUSECALL PRO AND PAID TO YOU. YOU AGREE TO FULLY COOPERATE IN THE EVENT WE RECEIVE A COMPLAINT FROM A CONSUMER ABOUT YOU OR YOUR SERVICES.
RELEASE
IN EXCHANGE FOR THE SERVICE PROVIDED BY US AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, USER EXPRESSLY AGREES TO RELEASE HOUSECALL PRO, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE, EXCEPT THAT THIS RELEASE DOES NOT APPLY TO CLAIMS BY YOU DIRECTLY ARISING OUT OF HOUSECALL PRO’S MATERIAL BREACH OF THIS AGREEMENT, OR TO THE EXTENT THE FOREGOING RELEASE IS PROHIBITED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
NO REPRESENTATIONS OR WARRANTIES
WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS SERVICE FOR ANY PURPOSE. WE DO NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH OR LINK ON IT. WE MAKE NO REPRESENTATION THAT YOUR WEBSITE WILL SATISFY ANY REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT OR OF ANY OTHER LAW, REGULATION OR ORDINANCE GOVERNING ACCESSIBILITY OF WEBSITES OR PLACES OF PUBLIC ACCOMMODATION OR OF ANY PRODUCTS OR SERVICES. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SERVICE, DOWNTIME OF THE SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SERVICE. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SERVICE. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.
WE MAY FROM TIME TO TIME RECOMMEND, PROVIDE YOU WITH ACCESS TO, OR ENABLE THIRD-PARTY SOFTWARE APPLICATIONS, PRODUCTS, SERVICES, CONTENT OR WEBSITE LINKS INCLUDING THIRD-PARTY SERVICES (“ADDITIONAL SERVICES”) FOR YOUR CONSIDERATION OR USE. SUCH ADDITIONAL SERVICES ARE FOR YOUR CONVENIENCE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING SUCH ADDITIONAL SERVICES.
NO ADVICE
WE MAY PROVIDE YOU WITH ACCESS TO CERTAIN CONTENT, MATERIALS, INFORMATION, COACHING, AND PARTNER AND THIRD-PARTY SERVICES, REGARDING OR RELATING TO YOUR BUSINESS, TAXES, ACCOUNTING, PAYROLL, HUMAN RESOURCES COMPLIANCE, RETIREMENT PLAN SERVICES, BUSINESS AND OTHER INSURANCE SERVICES OR LEGAL INFORMATION, BUT YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY OF OUR PARTNERS OR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDING ANY LEGAL OR ACCOUNTING ADVICE TO YOU, AND YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT ENTITLED TO RELY UPON ANY SUCH INFORMATION YOU RECEIVE FROM US OR OUR PARTNERS OR THIRD-PARTY SERVICE PROVIDERS, WHETHER VIA OUR WEBSITE, THE SERVICE OR ANY COMMUNICATIONS WITH US, OR ANY SOCIAL MEDIA OR OTHER INTERNET POSTS. YOU AGREE THAT YOU WILL CONSULT APPLICABLE OUTSIDE PROFESSIONALS WITH REGARD TO ANY ACCOUNTING OR LEGAL ADVICE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, OR THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SERVICE, (2) THE CONDUCT OF A USER, PROS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE SERVICE OR THE ENFORCEMENT OF THE TERMS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY PROVIDERS, THIRD-PARTY USERS, CONSUMER USERS, ADVERTISERS AND/OR SPONSORS ON THE SERVICE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. IN NO EVENT WILL HOUSECALL PRO’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EVEN IF FORESEEABLE, EXCEED THE SUM OF ALL FEES PAID BY YOU TO HOUSECALL PRO IN THE PREVIOUS SIX (6) MONTHS. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECURITY
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk, and that we have no liability to you or any third parties due to any unauthorized access to your Housecall Pro account.
Blocking of IP Addresses and UDIDs
In order to protect the integrity of the Service, we reserve the right, at any time, in our sole discretion, to block Users from certain IP addresses and UDIDs from accessing the Service.
TERMINATION OF ACCOUNT
This Agreement will remain in full force and effect while you use the Service and if applicable, after termination of such use. Some provisions of this Agreement survive termination. Unless otherwise explicitly agreed to, you may terminate your account at any time, for any reason. For security purposes, Housecall Pro reserves the right to verify the validity of termination requests. To cancel an account, please send an email to cancellations@housecallpro.com. If you terminate your account, your account will be disabled within 14 days, however, you shall not receive any refund of any fees, including but not limited to subscription fees, unless explicitly stated otherwise herein. We may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to us. All decisions regarding the termination of accounts shall be made in our sole discretion. We are not required to provide you notice prior to terminating your account. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. The provisions of these Terms of Service shall survive and continue to apply after our relationship expires or has been terminated for any reason, except where otherwise required by the context. If you are due a refund for canceling your paid account, a refund will generally be issued to you within 14 days of request to cancel. Upon termination of your account, we may retain your information, including Service Data, but we have no obligation to do so.
JURISDICTION AND CHOICE OF LAW
This Agreement is governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. If there is any legal suit, action, proceeding or other dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions. You further agree that any dispute that is not required or eligible to be submitted to arbitration, as described below, shall be resolved in the state and federal courts located in Denver, Colorado, and you agree to sole and exclusive jurisdiction in Colorado. The Service is controlled and operated by Housecall Pro from its offices within the United States and is intended only for use by users in the United States and Canada. The Service is not intended to subject Housecall Pro to any non-U.S. jurisdiction or law. Housecall Pro makes no representation that the information or materials on or linked through the Service is appropriate or available for use in other locations. If a User chooses to access the Service from other locations, it does so on its own initiative and at its own risk and is responsible for compliance with all applicable laws, rules and regulations in its respective location in doing so.
DISPUTE RESOLUTION; MANDATORY ARBITRATION
Please read the following arbitration agreement (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Housecall Pro and limits the manner in which you can seek relief from us.
a) Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access to or use of our Services, Our Website, our platform, and to any products sold or accessed via the Service or Our Website, or to any aspect of your relationship with Housecall Pro, including any claim regarding the applicability, interpretation, scope, or validity of this Arbitration Agreement, will be resolved by individual (not class or class-wide), confidential, binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before or after the effective date of this Agreement or any prior version of this Agreement.
b) Pre-Arbitration Dispute Resolution. Housecall Pro prefers to resolve any disputes amicably and efficiently, and we believe most customer concerns can be resolved quickly by emailing customer support at legal@housecallpro.com. If we are unable to resolve the dispute via our customer support, prior to commencing arbitration, a party must first send to the other, by certified mail, a written notice which must (i) describe in detail the nature and basis of the claim or dispute and (ii) set forth what specific relief is being sought (“Notice”). If sent to Housecall Pro, the Notice should be sent to Housecall Pro, 4180 Wynkoop Street, Suite 310, Denver, CO 80216 (the “Housecall Pro Address”) with a copy to legal@housecallpro.com. If we and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
c) Arbitration Rules and Forum. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the then-current Commercial Arbitration Rules and Mediation Procedures of the AAA (the “AAA Rules”), including any expedited procedures. To initiate an arbitration proceeding, an arbitration claim must be submitted by the claimant (the “Claimant”) to the AAA, and a written Demand for Arbitration must be provided to the other party (the “Opposing Party”), pursuant to the AAA Rules. Arbitration hearings will be held in Denver, CO or any other location that is mutually agreed upon by you and Housecall Pro. A single arbitrator will be mutually selected by Housecall Pro and you and shall be (i) a practicing attorney licensed to practice law in Colorado or a retired judge; and (ii) selected from the arbitrators on the AAA’s roster of commercial dispute arbitrators who have a background in online SaaS business-to-business providers (or if there are no such arbitrators, then from the arbitrators on the AAA’s roster of commercial dispute arbitrators) (collectively, the “Arbitrator Requirements”). If Housecall Pro and you cannot mutually agree upon an arbitrator within ten (10) days of the Opposing Party’s receipt of the Demand for Arbitration from the Claimant, then the AAA shall appoint a single arbitrator that satisfies the Arbitrator Requirements. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including reasonable attorneys’ fees and expert witness fees. The award rendered by the arbitrator shall be final and binding upon you and Housecall Pro. A judgment on the award may be entered and enforced in any court of competent jurisdiction. Housecall Pro may, in its sole discretion, commence an action in any state or federal court of competent jurisdiction within the County of Denver, Colorado, for any monetary amounts that you owe to Housecall Pro (each, an “Action”). You hereby waive any objection to jurisdiction or venue, or any defense claiming lack of jurisdiction or improper venue, in any Action brought by Housecall Pro in such courts.
You and Housecall Pro agree and acknowledge that this Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Agreement. YOU FURTHER ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOU AND HOUSECALL PRO ARE EACH WAIVING YOUR RESPECTIVE RIGHTS TO A TRIAL BY JURY AS TO DISPUTES HEREUNDER AND THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION PROCEEDING ARISING FROM THIS AGREEMENT.
d) Authority of Arbitrator. The arbitrator shall award to the prevailing party, if any, costs and attorney’s fees reasonably incurred by the prevailing party in connection with the arbitration. If a party prevails on some but not all of the claims and counterclaims, that arbitrator shall award the prevailing party an appropriate percentage of the costs and attorney’s fees reasonably incurred by the prevailing party in connection with the arbitration. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
e) Waiver of Jury Trial. YOU AND HOUSECALL PRO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Housecall Pro are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in subsections (a) and (c) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
f) Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in Denver, Colorado. All other claims shall be arbitrated. The parties further agree that if for any reason a claim does not proceed in arbitration, the foregoing class action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple claimants against Housecall Pro in a single proceeding, except that the foregoing class action waiver shall not prevent you or Housecall Pro from participating in a classwide, collective, and/or representative settlement of claims.
g) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the Housecall Pro Address in subsection (b) above, within 30 days after first becoming subject to this Arbitration Agreement and by email to Housecall Pro at legal@housecallpro.com. Your notice must include your name and address, your Housecall Pro username (if any), the email address you used to set up your Housecall Pro account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
h) Severability. Except as provided in subsection (a), if any part or parts of this Arbitration Agreement (other than subsection (f) above titled “Waiver of Class or Other Non-Individualized Relief”) are found under the law to be invalid or unenforceable, the parties agree to replace such part or parts with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable part or parts, and this Arbitration Agreement will be enforceable as so modified. If any of the provisions of subsection (f) above titled “Waiver of Class or Other Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
i) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Housecall Pro.
j) Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Housecall Pro makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Housecall Pro at the Housecall Pro Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
k) Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties, subject to any legally required disclosures.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Housecall Pro, its parents, subsidiaries, affiliates, officers, agents, partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from or arising out of (a) any of your acts or omissions, (b) any violation or breach by you of this Agreement, (c) claims from your employees, customers, or from any of your current or prior co-owners, partners or members, or franchisees or licensees,or (d) any claim that your Domain Name, your Pro Website, or any of the Materials, or your use of the Service or any Third-Party Services, violates any law or regulation or any right of any third party, including any right of privacy, or infringes upon any intellectual property rights of any third party.
NO THIRD-PARTY BENEFICIARIES
Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than Housecall Pro and the Pros, any benefit, right or remedy.
RELATIONSHIP OF THE PARTIES
Housecall Pro and Pros are separate and independent entities, and the employee of one of those entities is not an employee of the other entity. We are not an agent of the Pros and vice versa. In no event will Housecall Pro be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Pros or any of its affiliates or their respective personnel.
ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and Housecall Pro and supersede all oral and written negotiations, communications or representations of the parties, whether verbal or in writing, with respect to the subject matter hereof, except as may provided in a written agreement signed by you and an authorized officer of Housecall Pro. Except as otherwise set out in this Agreement, these Terms of Service may not be modified or amended other than by an agreement signed by both parties. No employee, agent, or other representative of Housecall Pro has any authority to bind Housecall Pro with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in these Terms of Service.
MISCELLANEOUS
If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions. The failure by Housecall Pro to enforce any right or provision of this Agreement will not prevent Housecall Pro from enforcing such right or provision in the future.No delay, failure or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by an acts of war; terrorism, hurricanes, earthquakes and other acts of God or of nature, fire or flood; strike or labor unrest; degradation of telecommunications service; degradation of computer services not under the direct control of such party; or other causes beyond the performing party’s reasonable control. Housecall Pro may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, any other business combination or restructuring, or by operation of law. Users may not assign rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without Housecall Pro’s prior written consent. Housecall Pro may send notices pursuant to this Agreement to User’s email and phone number contact points provided by User, and such notices will be deemed received at the time they are sent. It is the User’s obligation to keep User’s contact information up to date. Users may send notice pursuant to this Agreement to the email address below. You agree that Housecall Pro shall have the right to list you as a customer on Our Website, or in any Housecall Pro marketing materials, including your company’s name, logos and any trade names.
Any and all dollar amounts in this Agreement refer to U.S. dollars.
Contact Information
If you have questions or comments about the Service or this Agreement, please contact us at termsofservice@housecallpro.com.