Terms of Service

1. Acceptance of Terms

By accessing or using the EmergyFix platform, including our website, telephone hotline, and related 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 ("you," "your," or "User") and EmergyFix, LLC ("EmergyFix," "we," "us," or "our"). We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting.

2. Description of Service

EmergyFix operates as a free-to-use emergency home services matching platform. We connect homeowners and property managers with local, independent, licensed professionals specializing in emergency plumbing, electrical, and HVAC repairs.

EmergyFix is a matching platform, not a service provider. We do not perform, manage, or supervise any repair or maintenance work. All services are performed exclusively by independent third-party contractors who are solely responsible for the quality, timeliness, and legality of their work.

Our Platform facilitates rapid connection through our 24/7 emergency hotline and our website. There is no fee to use our matching service.

3. User Responsibilities

By using the EmergyFix Platform, you agree to:

• Provide accurate, current, and complete information when contacting us or requesting a service match, including your name, address, phone number, and a truthful description of the emergency.
• Be present or have a responsible adult available at the service location during the scheduled service window.
• Verify the credentials, licensing, insurance, and bonding status of any independent service provider before allowing work to commence. EmergyFix encourages but does not guarantee this verification.
• Communicate directly and professionally with dispatched service providers regarding scheduling, access, scope of work, and payment.
• Comply with all applicable local, state, and federal laws and regulations related to home repair and improvement projects.
• Not use the Platform for any unlawful purpose or in any manner that could damage, disable, or impair the Platform.

4. Service Provider Disclaimer

All plumbing, electrical, and HVAC professionals dispatched through the EmergyFix Platform are independent contractors. They are not employees, agents, partners, or joint venturers of EmergyFix.

EmergyFix does not:

• Employ, hire, or manage any service providers.
• Control the methods, techniques, or manner in which services are performed.
• Guarantee the quality, safety, or legality of work performed by independent contractors.
• Carry workers' compensation, liability, or other insurance covering the acts or omissions of independent service providers.
• Assume responsibility for any property damage, personal injury, or other losses arising from the work of an independent contractor.

You are solely responsible for evaluating and selecting a service provider and for negotiating the terms of any service agreement directly with that provider.

5. Limitation of Liability

To the maximum extent permitted by applicable law, EmergyFix, its officers, directors, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Platform.

In no event shall EmergyFix's total aggregate liability exceed the greater of one hundred dollars ($100.00) or the amount you paid us, if any, in the past twelve (12) months for services through the Platform.

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

6. Indemnification

You agree to defend, indemnify, and hold harmless EmergyFix, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Platform.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property, privacy, or property rights.
• Any interaction, agreement, or dispute between you and an independent service provider.

7. Intellectual Property

All content on the EmergyFix Platform, including text, graphics, logos, icons, images, software, and trademarks, is the property of EmergyFix or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Platform without prior written consent from EmergyFix, except as expressly permitted by these Terms.

8. Privacy

Your privacy is important to us. Our collection and use of personal information through the Platform is governed by our Privacy Policy. By using the Platform, you consent to the practices described therein.

We may collect personal information such as your name, phone number, email address, service address, and details about your service request to facilitate matching you with an appropriate service provider.

9. Modifications to Terms

EmergyFix reserves the right to modify these Terms at any time at our sole discretion. We will indicate changes by updating the "Last updated" date at the top of this page. Material changes may be communicated via email, website notice, or our hotline.

Your continued use of the Platform after any modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for any updates.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal proceedings arising out of or relating to these Terms or the Platform must be brought exclusively in the federal or state courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.

11. Contact Us

If you have any questions about these Terms of Service, please contact us: