Terms of Service
Please carefully read these Terms of Use ("Agreement" or "Terms of Use") before using the website, mobile applications, and services offered by Promenity, Inc. and its subsidiaries (collectively referred to as "Company"). This Agreement outlines the legally binding terms and conditions governing your use of the website located at promenity.com, the mobile applications, and services provided by the Company (collectively, the "Services").
By using the Services in any capacity, whether you are a visitor, a service professional, or a service recipient (collectively referred to as "users" or "you"), including visiting or browsing the Services, you agree to be bound by this Agreement. This Agreement applies to all users of the Services. If you are a service professional, you will also need to agree to additional terms that govern your use of the Company platform and the provision of vendor services.
Should you have any questions, please consult the help section of the services, or contact us at corporate@promenity.com.
Promenity as a Platform
Promenity serves as a platform that enables home service professionals who adhere to Company policies to connect with other users seeking home services. The Company does not directly participate in any transactions between users. Consequently, the Company does not exercise control over the quality of home services provided by the service providers, the accuracy of information provided by users, or the ability of service professionals to complete services promptly, if at all.
Promenity cannot guarantee the identity, age, or nationality of a user. We encourage users to communicate directly through the tools provided on the platform. Additionally, you may consider independent user verification or utilizing a third-party service for enhanced user verification. While service professionals are contractually obligated to maintain adequate insurance for service provision, Promenity cannot guarantee this and suggests verifying insurance coverage with each service professional you engage.
You acknowledge that Promenity functions solely as a platform and, as such, is not responsible or liable for any services or other content posted by you, other users, or third parties on the Services. Your use of the Services is entirely at your own risk.
Membership Eligibility
The Services are accessible exclusively to individuals who are 18 years of age or older and can legally enter into binding contracts under applicable law. By using the Services, you represent and warrant that you are at least 18 years old and that all information you provide during registration is accurate and truthful. Promenity reserves the right, at its sole discretion, to deny access to the Services to any individual or entity and to modify its eligibility criteria at any time. This provision is void in jurisdictions where prohibited by law, and access to the Services is not granted in such jurisdictions. Individuals under the age of 18 must use the Services only under the supervision of a parent or legal guardian who is at least 18 years old. In all cases, the adult is considered the user and assumes responsibility for all activities.
You agree to adhere to all local laws governing online conduct and acceptable content. Additionally, you must comply with Promenity's policies as outlined in this Agreement and the Company's Privacy Policy, as well as any other operational regulations, policies, and procedures that may be published on the Services by the Company from time to time. Each of these is incorporated into this Agreement by reference and may be updated by the Company without prior notice to you.
Furthermore, certain services provided by the Company may be subject to additional terms and conditions issued by the Company or third parties. Your use of these services is contingent upon your acceptance of the additional terms and conditions, which are integrated into this Agreement through this reference.
Safeguard your password securely. You are entirely responsible for any activity, liability, or damage resulting from the unauthorized disclosure of your password. You agree to promptly notify Promenity of any unauthorized use of your password or any security breach. Promenity is not liable for any losses or damages arising from your failure to safeguard your password. You also agree not to share your username and password information with any third party without the express written consent of Promenity.
You are obligated to maintain accurate and up-to-date account information, including a valid email address. The Services are not accessible to users who have been temporarily or permanently banned. Promenity reserves the right, at its sole discretion, to deactivate unconfirmed or inactive accounts and to refuse service to any individual or entity, for any reason, at any time.
Your Responsibilities: You are solely responsible for your conduct and activities related to the Services, including any information you submit, post, upload, or display on the Services.
Usage Restrictions
When using Promenity, you agree that you will not:
Provide false, inaccurate, or misleading information.
Infringe upon the intellectual property rights, rights of publicity, or privacy of any third party.
Violate this Agreement, any website policies, community guidelines, or applicable laws, statutes, ordinances, or regulations.
Engage in defamatory, libelous, unlawfully threatening, or harassing behavior. You must not impersonate or intimidate any person, including Company staff or other users, or misrepresent your affiliation with any person, whether through the use of similar email addresses, nicknames, or the creation of false accounts.
Take actions that could undermine online reviews or feedback.
Transmit any code that may harm, interfere with, intercept, or expropriate systems, data, or personal information.
License Grant & Restrictions
Usage License: The Company grants you a non-exclusive, non-transferable right to use the Services for your personal, non-commercial purposes, subject to the terms of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
Usage Restrictions: You may not:
License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Services.
Modify or create derivative works based on the Services.
Create Internet links to the Services.
Reverse engineer the Services.
Access the Services to build a competitive product, service, or similar product, or copy the ideas, features, functions, or graphics of the Services.
Launch automated programs or scripts that may hinder the Services' operation or performance, including web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, or worms.
Payment Terms
Fees and Payments: Any fees charged by the Company for Services are due immediately upon completion of any service and are non-refundable, regardless of account termination or any disruptions to our Services. Fees will be based on prevailing pricing at the time of service. Failure to cancel or reschedule a service at least 48 hours before the scheduled date will result in charges for the canceled or rescheduled service.
Pricing Changes: Note that the pricing information on the website may not reflect current rates. The Company may adjust fees for Services as needed and encourages you to check the website periodically for updated pricing.
Intellectual Property Ownership
Ownership Rights: The Company and its licensors own all rights, including intellectual property rights, related to the Services. This Agreement does not grant you ownership rights or license to use the Company's name, logo, or product names.
Personal Information
Use of Personal Information: When using the Services, you may acquire personal information from other users. Without their permission, this information can only be used for Services-related communication. You are not authorized to use this information for unsolicited commercial messages or unauthorized transactions. You may not add any Company user to your email or physical mail list without their express consent.
Communication Consent: By using the Services, you agree to be contacted by the Company via various means, including text messages, calls with prerecorded messages or artificial voice, and calls and messages delivered using an automated telephone dialing system. You consent to receive such communications at the contact information you provided.
Feedback
Non-Confidential Feedback: Any suggestions, ideas, proposals, or material submitted by users via the Services (collectively "Feedback") are considered non-confidential and non-proprietary. The Company will not be liable for the disclosure or use of Feedback. If you send Feedback to improve the Services, it will be considered non-confidential and non-proprietary as well. You grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable right and license to use, publish, and exploit Feedback for any purpose, commercial or otherwise, without compensation.
Information Control
User-Provided Information: The Company does not control information provided by users and cannot guarantee its accuracy, authenticity, or legality. You acknowledge the risks associated with user-provided information, including offensive, harmful, inaccurate, or deceptive content.
Risks: Risks may include interactions with underage or misrepresented individuals and dealings with foreign nationals. By using the Services, you accept these risks and acknowledge that the Company and its representatives are not liable for user actions.
External Websites: The Services may link to external websites or resources. The Company does not endorse and is not responsible for the content, products, or materials on these external websites. You agree that the Company is not liable for any damage or loss resulting from your use of or reliance on such external content or resources.
Access and Interference
Software Usage Rules: Promenity may include robot exclusion headers containing internal rules for software usage. Much of the information on Promenity is continuously updated in real-time and is either proprietary or licensed to Promenity by users or third parties. You agree not to use any robot, spider, scraper, or other automated means to access the Services, unless expressly permitted in writing by Promenity. Additionally, you agree not to:
Take any action that, in Promenity’s sole discretion, imposes an unreasonable or disproportionately large load on Promenity’s infrastructure.
Copy, reproduce, modify, create derivative works from, distribute, or publicly display any user information (except your own).
Interfere with or attempt to interfere with the proper functioning of the Services or any activities conducted on the Services.
Circumvent Promenity’s robot exclusion headers or other measures used to prevent or restrict access to the Services.
Breach
Enforcement: Without limiting any other remedies, Promenity may take the following actions without notice: Remove any user posting. Alert the community to a user's actions. Issue warnings to users. Temporarily suspend or terminate a user’s account. Prohibit access to the Services. Take technical and legal steps to prevent a user from accessing or using the Services.
Promenity may take these actions if:
There is suspicion of a user violating this Agreement or the Privacy Policy.
Verification or authentication of your personal information is impossible.
There is a reasonable belief that a user's actions may result in legal liability or financial loss to users or to Promenity.
Privacy
Data Handling: Except as provided in the Privacy Policy, Promenity will not sell or disclose your personal information to third parties without your explicit consent. Promenity stores and processes information on servers hosted by Amazon Web Services, protected by both physical and technological security measures.
No Warranty
Service Disclaimer: COMPANY, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE THE SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SPECIFICALLY, COMPANY AND ITS AFFILIATES DISCLAIM IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY ADVICE OR INFORMATION (ORAL OR WRITTEN) RECEIVED FROM THE COMPANY DOES NOT CREATE A WARRANTY. SOME STATES MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. THIS DISCLAIMER PROVIDES SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY BY STATE.
Limitation of Liability
Liability Cap: UNDER NO CIRCUMSTANCES WILL COMPANY, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR THIS AGREEMENT. SUCH DAMAGES MAY INCLUDE LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
Liability Limitation: COMPANY’S LIABILITY, AND THE LIABILITY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
User Responsibility: You agree to indemnify and hold Company, its parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising from your breach of this Agreement or your violation of any law or the rights of a third party.
No Guarantee
Service Interruptions: Promenity does not guarantee continuous, uninterrupted access to the Services, and the operation of the Services may be affected by factors beyond Promenity's control.
Dispute Resolution - Important Notice
Informal Negotiations: To streamline dispute resolution and reduce costs, both you and Promenity agree to engage in informal negotiations for at least thirty (30) days before pursuing arbitration or court action to address any disputes related to this Agreement, except those explicitly excluded below. These informal negotiations begin upon written notice, as specified above.
Binding Arbitration: If informal negotiations do not resolve a dispute related to your use of the Service or Software, all such claims (except those excluded below) will be conclusively settled through binding arbitration. Any decision to arbitrate made by one party is final and binding on both. BY USING THE SOFTWARE OR SERVICE AND ACCEPTING THESE TERMS AND CONDITIONS, YOU AND PROMENITY WAIVE THE RIGHT TO LITIGATE IN COURT, HAVE A JURY TRIAL, OR PARTICIPATE IN A CLASS ACTION. A neutral arbitrator, not a judge or jury, will determine your rights. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Arbitration Procedures: Arbitration will follow the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where applicable, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), accessible at www.adr.org. Arbitration fees and arbitrator compensation will adhere to the AAA Rules (and, if relevant, the AAA Consumer Rules). If your claim for damages is under $10,000, Promenity will cover these fees unless the arbitrator finds your claim or relief sought was frivolous or brought for improper purposes, as defined by Federal Rule of Civil Procedure 11(b). Arbitration can be conducted in person, document-based, by phone, online, or via video. The arbitrator will issue a written decision, with a statement of reasons only if requested. The arbitrator must adhere to applicable law, and the award can be challenged if the arbitrator fails to do so. You and Promenity may go to court to enforce arbitration, stay proceedings, or confirm, modify, vacate, or enter judgment on an arbitrator's award, as specified by this Agreement.
Exceptions to Alternative Dispute Resolution: Both parties retain the right to bring individual actions in small claims court or seek equitable relief in federal or state courts in Santa Clara County, California for disputes involving actual or threatened infringement, misappropriation, or violation of intellectual property or proprietary rights.
Waiver of Class Actions: Both parties agree that arbitration is limited to disputes between you and Promenity individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND PROMENITY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. Furthermore, unless both parties agree otherwise, the arbitrator may not consolidate claims from multiple individuals or preside over any form of a class or representative proceeding. If this paragraph is deemed unenforceable, the entire "Dispute Resolution" section is void. The arbitrator may only award relief, including monetary, injunctive, and declaratory relief, to the individual party seeking relief and to the extent necessary for their individual claim(s), except for public injunctive relief under applicable law required to enforce this provision.
Arbitration Location: Arbitration will occur in Santa Clara County, California, unless both You and Promenity agree otherwise. Both parties’ consent to the personal jurisdiction of the California state and Federal courts in Santa Clara, California for any dispute not subject to arbitration (excluding claims proceeding in small claims court) or where arbitration is not elected.
Confidentiality: All aspects of the arbitration process, including rulings, decisions, and awards, will remain strictly confidential for the benefit of all parties.
Severability: If a court or arbitrator deems any part of this Dispute Resolution by Binding Arbitration section (except the subsection titled “Waiver of Right to Be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding”) invalid or unenforceable, both parties will replace it with a valid, enforceable provision that most closely aligns with the intent of the original term. The section will remain enforceable in its modified form. If a court or arbitrator deems any part of the "Waiver of Right to Be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding" subsection invalid or unenforceable, the entire Dispute Resolution by Binding Arbitration section will be void, unless such provisions are deemed invalid or unenforceable solely for claims for public injunctive relief.
Future Changes to Arbitration Agreement: Regardless of any contrary provision in these Terms of Service, if Promenity makes any future changes to this Arbitration Agreement (excluding changes to the Notice Address) while you are a Service user, you can reject such changes by providing written notice to Promenity within thirty (30) calendar days of the change, addressed to the Notice Address provided above. By rejecting any future change, you agree to arbitrate disputes between you and Promenity according to the terms of this Arbitration Agreement as of your initial acceptance date of these Terms of Service (or subsequent changes to these Terms of Service).
Miscellaneous
If any part of this Agreement is unenforceable, it will be modified to reflect the parties' intent, and all other provisions remain in effect.
You and Promenity are independent contractors, and no agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is established.
Promenity can modify or terminate Services without notice at any time.
Notices must be in writing and deemed received when physically delivered, sent by certified or registered mail, electronically confirmed, or one day after sent by recognized overnight delivery service.
Promenity reserves the right to change this Agreement and other policies at any time, with material changes subject to notification. Determination of "material change" is at Promenity's sole discretion, in good faith, using common sense and reasonable judgment.