Terms of Service
Last Updated: January 1, 2025
Please Read Carefully: These Terms of Service govern your use of HouseGini's platform and services. By using HouseGini, you agree to these terms.
Table of Contents
- 1. Acceptance of Terms
- 2. Description of Services
- 3. User Accounts
- 4. User Conduct
- 5. Service Professionals
- 6. Payments and Fees
- 7. Cancellation and Refunds
- 8. Warranties and Disclaimers
- 9. Limitation of Liability
- 10. Indemnification
- 11. Dispute Resolution
- 12. Intellectual Property
- 13. Termination
- 14. General Provisions
1. Acceptance of Terms
By accessing or using HouseGini's website, mobile application, or services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Platform.
These Terms constitute a legally binding agreement between you and HouseGini, Inc. ("HouseGini," "we," "us," or "our").
You must be at least 18 years old to use the Platform. By using the Platform, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.
2. Description of Services
HouseGini operates an online platform that connects homeowners ("Customers") with licensed, independent home service professionals ("Service Professionals") for plumbing, roofing, pest control, wildlife removal, and related services.
HouseGini is a Marketplace
Important: HouseGini is a marketplace and technology platform only. We do NOT:
- Employ or control Service Professionals (they are independent contractors)
- Perform home services directly
- Guarantee specific outcomes or results
- Assume liability for work performed by Service Professionals
Service Professionals are independent businesses responsible for the quality and completion of their work. The contractual relationship for services is directly between you and the Service Professional.
What We Do
- Verify licenses, insurance, and background checks of Service Professionals
- Match Customers with qualified Service Professionals
- Facilitate communication and scheduling
- Collect and display reviews and ratings
- Provide customer support and dispute resolution assistance
- Process payments (in some cases)
3. User Accounts
Account Creation
To use certain Platform features, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Keep your password secure and confidential
- Notify us immediately of unauthorized account access
- Accept responsibility for all activities under your account
Account Security
You are responsible for all activity on your account. We are not liable for losses due to stolen or compromised passwords. Use strong, unique passwords and never share credentials.
One Account Per Person
You may only create one account. Creating multiple accounts may result in suspension or termination of all accounts.
4. User Conduct
You agree NOT to:
- Violate any laws, regulations, or third-party rights
- Provide false, inaccurate, or misleading information
- Impersonate any person or entity
- Harass, threaten, or abuse Service Professionals or other users
- Use the Platform for commercial purposes beyond obtaining home services
- Post spam, advertisements, or solicitations
- Interfere with or disrupt the Platform's operation
- Attempt to gain unauthorized access to Platform systems
- Use automated tools (bots, scrapers) to access the Platform
- Copy, modify, or distribute Platform content without permission
- Contact Service Professionals to circumvent Platform fees
- Post false or defamatory reviews
5. Service Professionals
Independent Contractors
All Service Professionals on the Platform are independent contractors, NOT employees of HouseGini. They:
- Set their own prices and service terms
- Control how and when they work
- Provide their own tools and equipment
- Carry their own insurance
- Are responsible for taxes and legal compliance
Vetting Process
We verify Service Professional licenses, insurance, and conduct background checks. However:
- Verification doesn't guarantee quality or results
- We cannot monitor all work performed
- You should independently verify credentials if desired
- You enter into direct contracts with Service Professionals
Your Relationship with Service Professionals
When you hire a Service Professional through the Platform, you enter into a direct contract with that professional. HouseGini is not a party to that contract. Disputes should be resolved directly with the Service Professional, though we're happy to assist with mediation.
6. Payments and Fees
Payment to Service Professionals
You agree to pay Service Professionals for services rendered according to the agreed-upon estimate or contract. Payment terms are set by the Service Professional and may include:
- Upfront deposits
- Payment upon completion
- Installment payments for large projects
Platform Fees
HouseGini may charge service fees or commission on transactions. If applicable, fees will be clearly disclosed before you confirm a service request.
Payment Processing
We use third-party payment processors (Stripe, PayPal). By providing payment information, you agree to their terms. We do not store complete credit card numbers.
Pricing Accuracy
While we strive for accuracy, pricing errors may occur. We reserve the right to correct pricing errors and cancel orders affected by such errors.
7. Cancellation and Refunds
Cancellation by Customers
- You may cancel service requests before work begins
- Cancellation fees may apply depending on timing and Service Professional policies
- Late cancellations (within 24 hours of scheduled service) may incur charges
Cancellation by Service Professionals
Service Professionals may cancel if they cannot perform the work safely, legally, or as described. You'll receive full refund of any prepayment.
Refunds
Refund requests should be directed to the Service Professional who performed the work. HouseGini may assist with dispute resolution but does not guarantee refunds. Our Satisfaction Guarantee (if applicable) has specific terms and conditions.
8. Warranties and Disclaimers
Platform "As Is"
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We disclaim all warranties including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness of information
- Uninterrupted or error-free operation
No Warranty on Services
WE DO NOT WARRANT OR GUARANTEE:
- Quality, safety, or legality of services provided by Service Professionals
- Accuracy of Service Professional credentials or representations
- That Service Professionals will complete work as promised
- That disputes will be resolved to your satisfaction
Your Responsibility
You are responsible for:
- Verifying Service Professional credentials if desired
- Obtaining necessary permits for work
- Ensuring work meets local codes and regulations
- Supervising work performed in your home
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
HOUSEGINI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:
- Property damage caused by Service Professionals
- Personal injury or death
- Lost profits or business opportunities
- Data loss or corruption
- Cost of substitute services
OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE LESSER OF:
- $500, OR
- The amount you paid to HouseGini in the 12 months preceding the claim
Some jurisdictions do not allow limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless HouseGini, its affiliates, officers, directors, employees, and agents from all claims, damages, losses, and expenses (including legal fees) arising from:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any law or third-party rights
- Your interaction with Service Professionals
- Content you submit to the Platform
- Work performed at your property by Service Professionals
11. Dispute Resolution
Informal Resolution
Before filing a claim, you agree to contact us at support@housegini.com to attempt informal resolution. We'll work in good faith to resolve disputes.
Binding Arbitration
PLEASE READ CAREFULLY: You and HouseGini agree that disputes will be resolved through binding arbitration, NOT court trials or class actions.
Arbitration is conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator's decision is final and binding.
Class Action Waiver
YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS. All disputes must be brought individually. You cannot bring claims as a plaintiff or class member in any class or representative action.
Exceptions
Either party may bring claims in small claims court if the claim qualifies. HouseGini may seek injunctive relief in court for intellectual property violations.
30-Day Opt-Out
You may opt out of arbitration by sending written notice within 30 days of first using the Platform to: legal@housegini.com with subject "Arbitration Opt-Out."
12. Intellectual Property
HouseGini Content
All Platform content (text, graphics, logos, software, etc.) is owned by HouseGini or licensors and protected by copyright, trademark, and other laws. You may not:
- Copy, reproduce, or distribute Platform content
- Modify or create derivative works
- Use HouseGini trademarks without written permission
- Remove copyright or proprietary notices
User Content
You retain ownership of content you submit (reviews, photos, messages). However, you grant HouseGini a worldwide, royalty-free, perpetual license to use, display, reproduce, and distribute your content for Platform operation and marketing.
DMCA
If you believe content infringes your copyright, contact us at dmca@housegini.com with details as required by the Digital Millennium Copyright Act.
13. Termination
Your Right to Terminate
You may close your account anytime by contacting support@housegini.com. Closure doesn't relieve you of payment obligations for services already provided.
Our Right to Terminate
We may suspend or terminate your account immediately if you:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Abuse or harass Service Professionals or staff
- Create multiple accounts to circumvent restrictions
Effect of Termination
Upon termination:
- Your right to use the Platform immediately ends
- We may delete your account and data
- Sections regarding liability, indemnification, and dispute resolution survive
14. General Provisions
Modifications
We may modify these Terms at any time. We'll notify you of material changes by email or prominent Platform notice. Continued use after changes constitutes acceptance.
Governing Law
These Terms are governed by California law, excluding conflict of law principles. Any disputes not subject to arbitration will be in state or federal courts in San Francisco, California.
Severability
If any provision is found unenforceable, the remaining provisions continue in full effect.
No Waiver
Our failure to enforce any right or provision doesn't waive that right.
Assignment
You may not assign these Terms. We may assign them without notice.
Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and HouseGini.
Contact for Legal Notices
Legal notices should be sent to: legal@housegini.com
HouseGini Legal Department
Email: legal@housegini.com
Mailing Address: HouseGini, Inc.
123 Service Street
San Francisco, CA 94102
Questions About These Terms? Contact our legal team at legal@housegini.com or call (800) 555-1234.