Last Updated: August 12, 2024 Here is the rewritten version of the document:

Important Notice: This Agreement includes a binding arbitration clause and a class action waiver, which will impact your legal rights as explained in the “Arbitration and Class Action Waiver” section below. Please review it carefully.

Acceptance of These Terms

This Terms of Use Agreement (“Terms”), which includes the BINDING ARBITRATION AND CLASS ACTION WAIVER detailed herein, governs your access to, use of, and participation in the Platform provided by Construix, Inc. or its affiliates (collectively, “Construix,” “we,” “our,” or “us”) and covers your entire relationship with Construix. By using the Platform, you acknowledge and agree that Construix may utilize your information to conduct background checks, business credit checks, and verify your identity during your use of the service.

Please read these Terms thoroughly and carefully. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use the Platform.

The terms “you” or “your,” as applicable, refer to the individual who accesses, uses, and/or participates in the Platform in any way, including your heirs, assigns, and successors. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that entity, and your acceptance of these Terms will be considered an acceptance by that entity, with “you” and “your” herein referring to that entity and its directors, officers, employees, and agents.

Modifications

Construix reserves the right to modify these Terms, as well as any other documents incorporated by reference, at any time and without prior notice. Any changes will be communicated to you by posting on the Construix Terms of Use website and may also be sent to you via message or other notification when you log into your account. These modifications will take effect 30 days after the earliest of: (a) being posted on the Platform; (b) Construix sending a message to you about the modifications; or (c) notifying you when you log into your account. Your continued use of the Platform after the 30-day period constitutes your acceptance of the changes. If you do not agree to the modifications, you must stop using the Platform.

Additional Terms and Policies

Please review the Construix Privacy Policy, which is incorporated by reference into these Terms, for details on how Construix collects and uses your information. The provision and delivery of text messages by Construix or our text message service providers are governed by our SMS Terms and Conditions, which are also incorporated into these Terms. The “Construix Guarantee” is subject to the Construix Guarantee Terms and Conditions. Additionally, specific areas of the Platform or certain products may have their own terms and conditions, which may require you to agree to them separately. If there is any conflict between these Terms and the specific terms for a particular area or product, the latter will take precedence concerning your use of that area or product.

Key Definitions

Collective Content: Refers to both User Content and Construix Content.
Content: Includes text, graphics, images, music, software, audio, video, information, and other materials available on or through the Platform, including profile information, service requests, quotes, message threads, reviews, scheduling and calendar information.
Consumer: A User registered on the Platform to search for Service Professionals, seek or purchase services, book appointments, or utilize Construix plans and other features. Consumers may also be referred to as “customers” on the Platform.
Fee: Any charges imposed by Construix in connection with the Platform.
Platform: Refers to all websites, mobile apps, software, processes, video consultations, subscription services, and any other services provided by or through Construix.
Privacy Policy: The Construix Privacy Policy available at https://www.construix.com/privacy/.
Pro Services: Services listed, quoted, scheduled, or provided by Service Professionals or sought by Consumers through the Platform.
Service Professional: A User who offers, provides, or facilitates Pro Services through the Platform, often referred to as “pros” on the Platform.
Construix Content: All Content provided by Construix on or through the Platform, excluding User Content.
User: Any person or entity that registers an account, agrees to these Terms, uses any services offered by or through the Platform, or submits or receives a request through Construix.
User Content: Any content posted, uploaded, published, or transmitted by a User on or through the Platform, excluding Construix Content and Feedback.

Eligibility, Service Professional Representations, Warranties, and Use of the Platform

The Platform is available only to individuals who are at least 18 years old and can legally enter into binding contracts. By accessing or using the Platform, you confirm that you meet these eligibility requirements.

If you are a Service Professional, by registering or using the Platform to offer, post, or provide Pro Services, you confirm that you and your team are fully qualified, experienced, licensed, certified, bonded, and insured as required by applicable laws or regulations. You also agree to comply with all relevant laws, including privacy laws like the Massachusetts Consumer Privacy Act and the Telephone Consumer Protection Act, when using the Platform and any personal information obtained from it.

Construix does not sell or provide Pro Services. While Construix may facilitate home project consultations and related services, any Pro Services resulting from these are provided by independent Service Professionals. Construix facilitates transactions by displaying Service Professional profiles, enabling messaging between Consumers and Service Professionals, and processing payments, but does not warrant the Pro Services provided. Service Professionals are responsible for their services and are independent customers of Construix, not employees or agents.

Construix may, as allowed by law, obtain background reports on Service Professionals, including criminal history, and may restrict access to the Platform based on the results.

Account Registration and Other Submissions

You can access the Platform without registering for an account. However, to use certain features, you will need to create an account with a password (“Account”). You may also register using third-party credentials, such as Facebook or Google. You agree to provide accurate, up-to-date information during the registration process and to update this information as needed. You are solely responsible for safeguarding your password and any Third-Party Site Password, as well as for all activity on your Account. Construix is not liable for any unauthorized use of your Account, and you may be responsible for losses incurred by Construix or others due to such unauthorized use.

Your License to Use the Platform

Subject to your compliance with these Terms, Construix grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to use Collective Content (excluding software source code) for your personal, non-commercial use in connection with the Platform. You agree not to use, copy, modify, distribute, sell, or exploit the Platform or its content in any way not expressly permitted by these Terms.

User Content

You may be allowed to post or submit User Content on the Platform. By doing so, you grant Construix a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, distribute, and display such content on or through the Platform or for promotional purposes. This license remains in effect even if your Account is terminated. You remain solely responsible for the content you provide and must ensure it does not infringe on others’ rights or violate any laws.

Construix reserves the right to remove or disable access to User Content that violates these Terms or is otherwise harmful.

Prohibitions

As a User, you may not engage in actions that violate these Terms, including but not limited to:

Misrepresenting yourself or services on the Platform.
Using automated systems to access the Platform without permission.
Copying or misusing Platform information or content.
Taking actions that harm the Platform’s infrastructure or interfere with its proper functioning.
Using the Platform to avoid paying fees or circumvent legal obligations.
Violating any applicable laws or failing to respect other Users’ requests regarding communication preferences.

Construix Budget, Fees, and Taxes

Construix charges fees for the use of its Platform. Service Professionals may be charged for receiving contacts, bookings, or payments from Consumers, and must keep a valid payment method on file. Construix may require Service Professionals to set spending limits (“Budgets”) and will charge fees according to these Budgets. If a payment method fails, Construix may attempt to charge another method or take other actions to collect payment.

Service Professionals are responsible for all applicable taxes, and Construix may collect and remit taxes as required by law.

Tracking Communications

To ensure proper fee charging and compliance with these Terms, Construix may track communications between Consumers and Service Professionals that occur off the Platform, such as through email or text messages. Construix may also obscure or replace contact information to track communications.

Construix Plus

Construix Plus is a subscription service offering certain benefits to eligible Consumers. Subscriptions automatically renew unless canceled, and Construix may terminate the service or your subscription at any time without refund if you violate these Terms.

Marketplace Payments

Construix facilitates payments between Consumers and Service Professionals through its payment processing partner, Stripe. Construix is not a party to these payments or the services provided. Service Professionals must agree to the Stripe Connected Account Agreement and are responsible for complying with Stripe’s terms. Disputes related to payments are handled according to the payment method’s rules and Construix’s discretion.

Construix Promotions

Construix may offer promotions, which are subject to specific terms and conditions. These promotions can be revoked at any time, and any attempt to game or misuse them may result in disqualification.

Sponsored Information

Construix may display advertisements or paid content on the Platform. Service Professionals may pay to rank higher in search results, but Construix does not endorse or guarantee the quality of their services.

Disputes Between or Among Users

Construix encourages Users to resolve disputes independently. However, if necessary, Construix may offer mediation or arbitration services, though it is not obligated to do so.

Intellectual Property Rights

Construix and its licensors own all rights to the Platform and its content. You may not use, copy, or distribute Construix’s intellectual property without permission.

Feedback

If you provide feedback to Construix, you grant them a perpetual, royalty-free license to use it and waive any moral rights. Feedback may be used by Construix in any way.

Copyright Policy

Construix respects copyright law and may terminate Accounts of repeat infringers. See the Copyright & DMCA Policy for more details.

No Endorsement or Warranty

Construix does not endorse or warrant any User or service provided through the Platform, except as explicitly stated. Users are responsible for verifying the suitability of others and for their interactions.

Sanctions for Violations of These Terms

Construix may take action against Users who violate these Terms, including removing content, limiting account access, terminating accounts, or cooperating with law enforcement.

Account Suspension or Termination

Construix may suspend or terminate your Account at any time, with or without cause, and without prior notice. If your Account is terminated, you may lose access to content and services without compensation.

Arbitration and Class Action Waiver

Any disputes between you and Construix must be resolved through binding arbitration, not in court, with certain exceptions. You waive the right to participate in class actions. You may opt out of arbitration by providing notice within 30 days of agreeing to these Terms.

Governing Law

These Terms are governed by the laws of Massachusetts. Any disputes not subject to arbitration must be resolved in courts located in Framingham, Massachusetts.

Disclaimers

The Platform is provided “as is” without any warranties. Construix is not liable for any damages arising from your use of the Platform.

Limitation of Liability

Construix’s liability is limited to the amount you paid for services or $100, whichever is greater. This limitation may not apply in certain jurisdictions.

Indemnification and Release

You agree to indemnify Construix against any claims arising from your use of the Platform or violation of these Terms.

General

Force majeure events may excuse performance obligations. No third-party beneficiaries are created by these Terms. Construix may contact you electronically, and these communications satisfy legal requirements for written notices.

Entire Agreement

These Terms, along with the Privacy Policy and any other legal notices, constitute the entire agreement between you and Construix.

Waiver

Failure to enforce any provision of these Terms does not constitute a waiver.

Statute of Limitations

You must bring any claims within one year of the cause of action arising.

Section Headings

Headings in these Terms are for convenience only and have no legal effect.

Contact Information

For questions about these Terms, contact Construix at support@construix.com.