Last updated: June 15, 2024
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and HomePros ("we," "us," or "our") regarding your use of our website, mobile application, and related services (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Access to the Service
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your business purposes. We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
2.1 Service Availability
While we strive to provide uninterrupted access to the Service, we do not guarantee that the Service will be available at all times. The Service may be unavailable during maintenance periods or due to technical issues beyond our control.
3. User Accounts
To access certain features of the Service, you must create a user account. When creating your account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.1 Account Security
You agree to:
- Immediately notify us of any unauthorized use of your account or any other breach of security.
- Ensure that you log out from your account at the end of each session.
- Use reasonable efforts to prevent unauthorized access to your account.
3.2 Multiple Users
Depending on your subscription plan, you may be permitted to create multiple user accounts for your organization. As the account administrator, you are responsible for:
- Managing access to your organization's data.
- Ensuring that all users comply with these Terms.
- Removing access for users who are no longer authorized to use the Service.
4. Billing and Subscription
We offer various subscription plans for the Service. By selecting a subscription plan and providing payment information, you agree to pay the subscription fees as described for your selected plan.
4.1 Free Trial
We may offer a free trial period for new users. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial period ends.
4.2 Billing Cycle
Subscription fees are billed in advance on a monthly or annual basis, depending on the billing cycle you select. Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date.
4.3 Changes to Pricing
We reserve the right to change our subscription fees at any time. If we change the fees for your subscription, we will provide notice of the change on the website or by email, at least 30 days before the change is to take effect.
4.4 Cancellation and Refunds
You may cancel your subscription at any time through your account settings or by contacting our support team. If you cancel your subscription, you will continue to have access to the Service until the end of your current billing cycle, but you will not receive a refund for any fees already paid.
5. Your Content
The Service allows you to store, manage, and share content, including but not limited to customer information, job details, and business data ("Your Content"). You retain all rights to Your Content, and you are solely responsible for Your Content and your use of it within the Service.
5.1 License to Your Content
By uploading, submitting, or otherwise making available Your Content through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, and display Your Content solely for the purpose of providing and improving the Service.
5.2 Content Restrictions
You agree not to upload, submit, or otherwise make available any Content that:
- Infringes any intellectual property rights of any person or entity.
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy.
- Contains software viruses or any other code designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
- Violates any applicable law, regulation, or obligation.
5.3 Data Backup
While we implement reasonable data backup procedures, you are ultimately responsible for backing up Your Content. We are not liable for any loss of data or content.
6. Intellectual Property Rights
The Service and its original content (excluding Your Content), features, and functionality are owned by HomePros and are protected by copyright, trademark, and other intellectual property laws.
6.1 Our License to You
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes.
6.2 Restrictions
You may not:
- Copy, modify, or create derivative works based on the Service.
- Reverse engineer, decompile, or disassemble the Service.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
- Use the Service to develop a competing product or service.
- Sell, license, sublicense, or otherwise transfer rights to the Service.
7. Prohibited Uses
In addition to the restrictions outlined elsewhere in these Terms, you agree not to:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
- Interfere with or disrupt the Service or servers or networks connected to the Service.
- Attempt to gain unauthorized access to the Service, user accounts, or computer systems.
- Use any robot, spider, scraper, or other automated means to access the Service.
- Harvest or collect email addresses or other contact information of other users from the Service.
- Impersonate another person or entity or misrepresent your affiliation with a person or entity.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WE DO NOT WARRANT THAT THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMEPROS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
- ANY CONTENT OBTAINED FROM THE SERVICE; AND
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
10. Indemnification
You agree to defend, indemnify, and hold harmless HomePros, its directors, employees, partners, agents, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Service;
- Your violation of any term of these Terms;
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
- Any claim that Your Content caused damage to a third party.
11. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the account settings.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Amendments to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in San Francisco County, California.