Terms of Service

1.Acceptance of Terms

By accessing or using HogarFix AI ("Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform. These Terms constitute a legally binding agreement between you and HogarFix AI, LLC, a Texas limited liability company. You must be at least 18 years of age to create an account or use any Platform services.

2.Platform Description & Marketplace Nature

HogarFix AI operates as an online marketplace that connects homeowners seeking home repair and maintenance services ("Homeowners") with independent service providers ("Technicians"). HogarFix AI is not a contractor, home repair company, or employer. We do not provide home repair services directly. We provide a technology platform only. HogarFix AI does not supervise, direct, control, or monitor the work performed by Technicians. Any contract for services is formed directly between the Homeowner and the Technician.

3.Independent Contractor Status of Technicians

• Technicians on the Platform are independent contractors, not employees, agents, partners, or joint venturers of HogarFix AI.
• HogarFix AI does not employ Technicians, set their hours, control their methods of work, provide tools or equipment, or withhold taxes on their behalf.
• Technicians are solely responsible for determining the manner and means by which they provide services.
• HogarFix AI is not responsible for any acts or omissions of Technicians, including but not limited to property damage, personal injury, death, fraud, or negligence.
• Nothing in these Terms creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between HogarFix AI and any Technician.

4.Limitation of Liability & Disclaimer of Warranties

• THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
• HOGARFIX AI EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• HOGARFIX AI IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, TIMELINESS, LEGALITY, OR ANY OTHER ASPECT OF SERVICES PROVIDED BY TECHNICIANS.
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOGARFIX AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF PROFITS, OR LOSS OF DATA.
• IN NO EVENT SHALL HOGARFIX AI'S TOTAL LIABILITY EXCEED THE AMOUNT OF FEES PAID BY YOU TO HOGARFIX AI IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
• Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability; in such jurisdictions, the above limitations apply to the fullest extent permitted by law.

5.Payment Terms & Platform Fee

• All payments for services booked through the Platform must be made exclusively through the Platform's payment system (powered by Stripe).
• CASH PAYMENTS ARE STRICTLY PROHIBITED. Any attempt to solicit or accept cash payments outside the Platform may result in immediate account termination.
• HogarFix AI charges a 10% platform fee on the agreed service price, deducted from the Technician's payout.
• Homeowners are charged the full agreed price. Technicians receive 90% of the agreed price after the 7-day hold period.
• Payments are processed through Stripe and are subject to Stripe's terms of service.
• By submitting payment, you authorize HogarFix AI to charge your payment method for the agreed service amount.

6.Age Requirement

You must be at least 18 years of age to register for or use HogarFix AI. By creating an account, you represent and warrant that you are 18 years of age or older. If we discover that a user is under 18, we will immediately terminate their account and delete their data.

7.Technician Requirements & License Verification

• Technicians must be legally authorized to work in the United States.
• Technicians performing work that requires a license under Texas law (including but not limited to plumbing, electrical work, and HVAC) must hold a valid Texas license for that trade.
• Technicians must upload proof of licensure for licensed trades. HogarFix AI will verify licenses before permitting Technicians to accept jobs in licensed trade categories.
• Technicians acknowledge that they may be subject to a background check as a condition of participating on the Platform.
• Technicians are responsible for obtaining any required business licenses, permits, and insurance for their work.
• HogarFix AI does not guarantee or verify the quality, safety, or legality of any Technician's work.

8.Dispute Resolution

• In the event of a dispute between a Homeowner and a Technician regarding services performed, both parties agree to first attempt resolution through HogarFix AI's dispute resolution process.
• Disputes must be opened within 24 hours of payment for post-payment disputes, or within 24 hours of job completion for pre-payment disputes.
• To open a dispute, contact support@hogarfixai.com with your job ID, description of the issue, and supporting evidence (photos, messages).
• HogarFix AI will review the dispute within 3 business days and may, at its sole discretion, facilitate refunds, partial refunds, or other remedies.
• HogarFix AI's dispute resolution is a courtesy service and does not create any obligation for HogarFix AI to provide refunds or other compensation.
• For disputes that cannot be resolved through our process, both parties agree to binding arbitration in Austin, Texas, under the rules of the American Arbitration Association.
• Both parties waive their right to a jury trial or class action lawsuit.

9.Termination

• HogarFix AI may terminate or suspend your account at any time, with or without cause or notice.
• Grounds for termination include but are not limited to: violation of these Terms, fraudulent activity, harassment of other users, soliciting payments outside the Platform, providing false information, or any conduct deemed harmful to the Platform or its users.
• Technicians may be removed from the Platform for: unlicensed work in licensed trade categories, failure to maintain required licenses, poor performance metrics, customer complaints, or background check disqualification.
• Upon termination, you lose access to your account and any associated data may be deleted in accordance with our Privacy Policy.
• Sections of these Terms that by their nature should survive termination will survive, including but not limited to payment obligations, indemnification, limitation of liability, and dispute resolution.

10.Indemnification

You agree to indemnify, defend, and hold harmless HogarFix AI, LLC and its officers, directors, employees, agents, successors, and assigns from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property rights; or (d) any services you provide or receive through the Platform.

11.Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Travis County, Texas. You hereby consent to personal jurisdiction and venue in such courts.

12.Modifications

HogarFix AI reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Effective Date" at the top of this page and, where appropriate, sending an email to registered users. Your continued use of the Platform after any such changes constitutes acceptance of the new Terms.

13.Contact

For questions about these Terms, contact us at: HogarFix AI, LLC Austin, Texas Email: support@hogarfixai.com