📜 TERMS AND CONDITIONS
INTRODUCTION
Welcome to our mobile application POD (the “App”) and our website https://yourpronextdoor.com/ (the "Website" or “Platform”), owned and operated by Professionals on Demand LLC, hereafter collectively referred to in these Terms & Conditions as "Pros on Demand", "us", "our" or "we". Unless otherwise specified, all references to our services (the “Service”) include the content, tools, software (including our App software), services and products available through the POD App and Website. The term "user", "you" or "your" refers to the user of our Website, App and our Services including, but not limited to, the professional service provider (the “Service Provider”), the party receiving the services of a Service Provider (the “Customer”) and any visitors that do not register for an account with Pros on Demand. The following Terms & Conditions are a legally binding contract between you and Pros on Demandregarding your use of the Service.
Please read the following Terms & Conditions ("Terms" or "Agreement") carefully before accessing or using any of the Services. Each time you access or use our Services or purchasesomething through our Services, you, and if you are acting on behalf of a third party, such third party, agree to be bound by these Terms & Conditions and our Privacy Policy whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use our Service. Pros on Demand may change this Agreement at any time by posting an updated Terms & Conditions on this Website. If any amendment to these Terms is unacceptable to you, you shall cease using the Website or the App; otherwise you will be constructively deemed to have accepted the changes.
In addition, certain areas of the Service may be subject to additional Terms and Conditions that we have made available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms and Conditions applicable to such areas. In the event that any of the additional Terms and Conditions governing such area conflict with these Terms, the additional Terms and Condition will control.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED.BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IMPORTANT DISCLAIMER
BY USING THIS PLATFORM YOU ACKNOWLEDGE, AND AGREE THAT USERS (SERVICE PROVIDERS AND CUSTOMERS) USING OUR PLATFORM ARE INDEPENDENT CONTRACTORS AND THAT PROS ON DEMAND IS NOT A PARTY TO ANY ENGAGEMENT, AGREEMENT, ARRANGEMENT, JOB, SERVICE, EMPLOYMENT, ASSIGNMENT OR TRANSACTION BETWEEN USERS OF OUR PLATFORM. NO AGENCY, PARTNERSHIP, JOINT VENTURE, OR EMPLOYMENT RELATIONSHIP BETWEEN PROS ON DEMAND AND ANY SERVICE PROVIDER, CUSTOMER OR OTHER USER OF OUR SERVICES IS CREATED AS A RESULT OF THESE TERMS & CONDITIONSOR ANY USER'S ACCESS TO, OR USE OF, ANY PART OF THE PLATFORM.
PROS ON DEMAND DOES NOT RECOMMEND OR ENDORSE ANY SERVICE PROVIDER, CUSTOMER OR OTHER USERS OF OUR SERVICES AND HAS NO CONTROL OF THE SERVICES PROVIDED BY SERVICE PROVIDERS; OR THE PAYMENT FOR THE SAME BY THE CUSTOMER. IT IS WITHIN THE SOLE AND ABSOLUTE DISCRETION OF THE USERS OF OUR SERVICES TO ENGAGE ONE ANOTHER. YOU SHOULD ALWAYS EXERCISE RESPONSIBILITY, DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO ENGAGE OR HAVE ANY INTERACTION, OR TRANSACT BUSINESS WITH ANY OTHER USER AS A SERVICE PROVIDER OR AS A CUSTOMER.
YOU AGREE THAT THE USE OF OUR SERVICES IS AT YOUR SOLE RISK AND BY USING THE PLATFORM, YOU UNDERSTAND AND AGREE THAT ANY LEGAL REMEDY OR RECOVERY THATYOU SEEK TO OBTAIN FOR ACTIONS, OMISSIONS, DAMAGES OR LOSSES CAUSED BY OTHER USERS OR OTHER THIRD PARTIES WILL BE STRICTLY LIMITED TO A CLAIM AGAINST THOSE PARTICULAR INDIVIDUAL USERS OR OTHER THIRD PARTIES AND NOT PROS ON DEMAND. YOU AGREE NOT TO ATTEMPT TO IMPOSE ANY LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM PROS ON DEMAND WITH RESPECT TO SUCH ACTIONS, OMISSIONS, DAMAGES OR LOSSES CAUSED BY OTHERS.
FURTHERMORE, YOU HEREBY AGREE THAT PROS ON DEMAND SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURIES TO YOU OR YOUR PROPERTY RESULTING FROM YOUR USE OF OUR DIRECTORY, PLATFORM OR ANY INTERACTION, ENGAGEMENT OR TRANSACTION WITH ANOTHER USER BY REASON OF YOUR ACCESS TO, AND USE OF, OUR DIRECTORY, PLATFORM OR SERVICES.
1. Eligibility for Our Service
a. By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into legally binding contracts including this Agreement.
b. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
c. Pros on Demand reserves the right to request documented proof of your compliance with these terms of eligibility.
2. Our Service
a. Pros on Demand provides a mobile application and technology Platform for Service Providers and the Customers that seek to hire a Service Provider, to connect for the purpose of engaging the Service Provider for their services. Customers can find Service Providers by their location in real time. When connected to a Service Provider, the Customer can negotiate the fee for the services with the Service Provider and will thereafter pay the Service Provider directly.
b. Pros on Demand’s content, Services and any products available in, or through ourApp and Website are for your personal use only. You may not sell or resell any of the Pros on Demand content, Services, software or products we provide to you or which you otherwise receive from us.
c. Any modifications and new features added to the Service are also subject to this Agreement.
d. Pros on Demand reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with, and belong exclusively to, Pros on Demand.
3. Accounts and Registration
a. To access some features of the Service you may be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number or other personal information). Service Providers on our Platform may also be required to provide, without limitation, your business entity information, a driver license, picture ID, occupational classification data and information regarding any certification, licenses, permits or registrations you hold. Some of this information may be of a confidential nature and may include personal identifying information (all "Your Information").
b. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes, including the revocation or expiration of any credentials, licenses or registrations you hold.
c. Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy which you may access here.
4. Account Management
a. If you have been issued an account by Pros on Demand in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Pros on Demand, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Pros on Demand immediately.
b. Pros on Demand may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
c. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you. If you have been refused an account, or your account has been terminated, you will not be permitted to register again.
d. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
e. We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
5. Customer Account
Customer may create a free Pros on Demand account. If you do engage the services of one, or more, of the Service Providers through our platform, you agree that you will be responsible for, and pay the fees charged by the Service Provider, directly to the Service Provider, according to the terms you have agreed upon.
6. Service Provider Account
a. Free Account. Service Providers may create a free Pros on Demand account and personal profile. While this account is free at this time, Pros on Demand reserves the right to require that Service Providers convert their free account to a Paid Subscription Account in the future.
b. Connection Fee. Service Provider acknowledges and agrees to pay to Pros on Demand a “Connection Fee” for each confirmed Consumer service request that the Service Provider accepts regardless of the final service results. This fee is for facilitating the initial interaction and shall not be considered a payment for services to be performed. In the event that a Customer cancels a service after the Service Provider has accepted it the Service Provider may apply to the Pros on Demand Resolution Center for a credit or refund of the Connection Fee. The Resolution Center’s decision on a request for a credit or refund is final.
c. Free Trial Period. New Service Provider accounts will receive a three (3) month free trial period wherein you will not be charged a Connection Fee for those 3 months. Upon expiration of the free trial period the Service Provider shall automatically be billed and will pay a Connection Fee as stated in section 6.b. of this Agreement unless you request that we terminate your account.
d. Required Service Provider Information. Service Providers on our Platform may also be required to provide, without limitation, your business entity information, a driver license, picture ID, and information regarding any certification, licenses or registrations you hold. Pros on Demand will, in its sole and independent judgment, decide whether or not to issue a Pros on Demand account to the Service Provider. All decisions by Pros on Demand are final.
e. Payment Method. Payment of the Connection Fee, and other charges, such as paid advertising or paid display of a “Super Pro Badge” on the Service Providers profile will be made via Stripe, or another secure third party payment processing service provided by Pros on Demand. When you register for an account, you hereby authorize Pros on Demand to automatically charge your stored payment method for any Connection Fee or other charges you have agreed to.
f. Service Provider Representations. By registering for and using Pros on Demandto offer, post, or provide services, each Service Provider hereby represents and warrants that such Service Provider, and any of its employees, agents, suppliers, contractors, and subcontractors engaged in performing any portion of the Services (i) are duly qualified, experienced, and, where required by applicable law or regulation, licensed, certified, bonded, and insured in all jurisdictions in which the services are offered or performed; and, (ii) possess all requisite skills, training, and expertise necessary to perform the services for the specific job undertaken.
g. Legal Compliance. Service Provider represents and warrants that it has complied, and will continue to comply, with all applicable federal, state and local laws, rules, and regulations, including without limitation those relating to marketing, in connection with its use of Pros on Demand.
h. Performance Representation. Service Provider shall perform the Services in a timely, professional, and workmanlike manner consistent with generally accepted industry standards, in accordance with these Terms, and in conformity with any agreement entered into between the Service Provider and the Consumer.
i. No Guarantee. Service Providers acknowledge and agree that use of Pros on Demand does not guarantee you will receive jobs, engagement or revenue for any work from Consumers.
j. Background Check. As permitted by applicable law, Pros on Demand may, but is not obligated to, obtain directly or through third-party vendors, reports regarding a Service Provider, which may include, without limitation, criminal history and sex offender registry information. By using Pros on Demand, Service Provider authorizes Pros on Demand to use personal information, including but not limited to full legal name and date of birth, to obtain such reports. Pros on Demandreserves the right, in its sole discretion, to limit, block, suspend, deactivate, or terminate a Service Provider’s account, with or without notice, based on the results of such reports.
7. No Circumvention
To protect the integrity of our business model, all users agree that if a Customer and Service Provider connect through the platform, they must not engage in direct transactions outside the platform for a period of six (6) months from the date of their initial match or any time during which their engagement continues, whichever is longer.
Violating this provision may result in termination of account access for the Customer and the Service Provider, as well as monetary damages. The Company reserves the right to seek compensation equivalent to the lost revenue it would have received had the transactions occurred via the Platform. This clause shall survive termination of the agreement.
8. Independent Contractors; No Guarantees, Warrantees or Endorsements
The Service Provider users of our Services are independent contractors and Pros on Demand is not a party to any relationship, transactions, dealings or contracts between Service Providers and Customers, including proposals, selection, contracting and performance of Service Provider's services, as well as the Customer’s payment for Service Provider services. The Pros on Demand Platform is only a directory and venue that provides a Platform on which users can meet and independently decide whether or not to engage with each other. Pros on Demand does not have control over the quality, suitability, reliability, timing, legality, failure to provide, or any other aspect whatsoever of any services provided by Service Providers, nor of the integrity, responsibility or any of the actions or omissions of any Service Provider or Customer. Pros on Demand makes no representations, guarantees or warranties whatsoever with respect to Services offered or provided by Service Providers through the use of the Services, whether in public, private, in online or offline interactions; or about the certification, registration or licensing of any Service Provider.
The Customer acknowledges and agrees that Pros on Demand shall not be liable for any physical damage to their real or personal property or loss of any personal property contained in your real property as a result of the services provided by the Service Provider. Any recovery for damages or losses must be resolved between the Customer and the Service Provider themselves, and not recovered from Pros on Demand.
In furtherance of the above:
a. Pros on Demand is not a party to any agreement for Service Provider services and does not itself offer to perform any Service Provider services.
b. The users of our Services are not employees or agents of Pros on Demand.
c. Pros on Demand is not an agent or representative of any user.
d. Pros on Demand does not, in any way, supervise, direct, or control the Service Provider or the Service Provider’s services.
e. Pros on Demand makes no representations about, and does not guarantee or warranty the quality, safety, or legality of the Service Provider services, including, without limitation, all warranties, express or implied, Including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
f. Pros on Demand does not intervene in, or mediate any transaction or dispute between the Customer and Service Providers, including without limitation payment or performance disputes. If you have any issues with a Customer or a Service Provider respectively, you must resolve it between yourselves.
g. Pros on Demand Services may identify a Service Provider with a title, nevertheless, Pros on Demand does not endorse or recommend the services of any particular Service Provider, and we do not independently verify their representations about their services, their qualifications, their licenses, registration or credentials, their background, their identities, the ability of a Service Provider to deliver theirservices, nor do we validate any reviews. It is the sole responsibility of each Customer to evaluate the Service Provider and their qualifications to perform their services.
9. Licenses, Permits and Service Provider Qualifications
Pros on Demand does not verify any Service Provider's professional certification, license, registration or qualifications. Customers must determine for themselves whether a Service Provider is qualified to perform the services requested by the Customer.
10. Pros on Demand Designations and Representations Regarding Service Providers
a. Any reference, badge, designation or legend on the Platform, in marketing materials, or in any other communications issued or authorized by Pros on Demand to a Service Provider as being “licensed”, “credentialed”, “permitted”,“authorized”, “certified”, “top rated”, “background checked”, or any other substantially similar designation (collectively, "Designations") shall mean solely that the Service Provider has (i) completed the relevant account registration process on the Platform, and/or (ii) satisfied certain review or rating standards established by Pros on Demand in its sole discretion.
b. Such Designations do not constitute, and shall not be construed as, any further statement, implication, or confirmation regarding the Service Provider beyond the fact of such process completion or review standard satisfaction.
11. In Website or App Purchases
Pros on Demand may now, or in the future, provide you with the ability to make purchases of products and services through an In App Purchase option using our secure third party payment processing service. If you choose to make an In App Purchase, you will be prompted to confirm your purchase with the applicable payment processor, and provide them with your preferred method of payment, which will then be charged at the prices displayed to you at the time of purchase, along with any sales tax or other charges.You authorize Pros on Demand to charge, the payment method you specify at the time of purchase. Pros on Demand does not receive or store your method of payment information. If you have any questions regarding your method of payment information, you will need to contact the secure third party payment processing service. Please contact us at support@podapp.dev for instructions on how to contact the payment service.
12. Your License, Access and Use of our Services
a. Subject to your continued compliance with this Agreement, Pros on Demandgrants you, a limited, non-exclusive, revocable, non-sub-licensable, worldwide, license to access and use the Pros on Demand Website, mobile App and Servicessolely for your personal, noncommercial use. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause.
b. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.
c. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
d. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
e. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
f. Our Services may now, or in the future, have "publicly accessible areas" that allow users to post their own User Content that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that we shall not, under any circumstances, be liable in any way for any User Content.
g. You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
h. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to yourpurchases or use of the Services.
13. Suspension and Termination of Services
a. Pros on Demand may limit, suspend or terminate the Services to you if you fail to comply with these Terms, the Privacy Policy, the EULA for the App software or if you use the Services in a way that causes legal liability to us or disrupts use of the Service by other users.
b. Pros on Demand may also suspend the Services to youif we are investigating suspected misconduct by you. Pros on Demand will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
14. Information Accuracy
a. We attempt to ensure that information on our Website, in our App and in our Service is complete, accurate and current. Despite our best efforts, this information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information our Website, in our App and in our Service.
b. Furthermore, information on our Website, in our App and in our Service may contain typographical errors or omissions. We reserve the right to correct or make changes in such information without notice to you.