Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and FixMySink ("Company," "we," "us," or "our") governing your access to and use of the fixmysink.com website and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Description of Service

FixMySink is an online directory and lead generation platform that connects homeowners and property managers ("Customers") with licensed plumbing professionals ("Service Providers" or "Plumbers").

Important: FixMySink is a referral and advertising platform only. We do not provide plumbing services directly, employ plumbers, or guarantee the quality of work performed by Service Providers listed on our platform.

3. User Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• For Service Providers: Hold valid licenses and insurance as required by your jurisdiction

4. Terms for Customers

4.1 Service Requests

When you submit a service request through our platform, you authorize us to share your contact information and service details with one or more Service Providers in your area who may contact you regarding your request.

4.2 No Guarantee of Service

We do not guarantee that any Service Provider will respond to your request or that you will find a suitable plumber through our Service. The availability of Service Providers varies by location and demand.

4.3 Independent Contractors

All Service Providers listed on FixMySink are independent businesses, not employees or agents of FixMySink. Any contract for plumbing services is between you and the Service Provider directly. FixMySink is not a party to any such agreement.

4.4 Your Responsibilities

You agree to:

• Provide accurate and complete information in your service requests
• Verify the credentials, licenses, and insurance of any Service Provider before hiring
• Obtain written estimates and contracts directly from Service Providers
• Resolve any disputes with Service Providers directly

5. Terms for Service Providers (Plumbers)

5.1 Account Registration

To be listed on our platform, Service Providers must create an account and provide accurate business information, including business name, contact details, service areas, and services offered.

5.2 Licensing and Insurance

By listing your business on FixMySink, you represent and warrant that:

• You hold all licenses required to perform plumbing services in your service areas
• You maintain adequate liability insurance for your business operations
• You will comply with all applicable laws, regulations, and industry standards
• All information provided in your listing is accurate and up-to-date

5.3 Subscription and Fees

Service Providers may subscribe to paid plans for enhanced visibility and features. By subscribing, you agree to:

• Pay all applicable fees as described in your selected plan
• Subscriptions are billed in advance on a monthly or annual basis
• Automatic renewal unless canceled before the renewal date
• No refunds for partial subscription periods, except as required by law

5.4 Lead Handling

When you receive leads through our Service, you agree to:

• Respond promptly and professionally to customer inquiries
• Provide accurate quotes and honest assessments
• Not misuse customer contact information for purposes other than responding to their service request
• Comply with all applicable telemarketing and communication laws

5.5 Listing Content

You are responsible for all content in your listing. You agree not to include false, misleading, or deceptive information. We reserve the right to remove or modify listings that violate these Terms.

6. Payments and Billing

6.1 Payment Processing

Payments are processed through Stripe, a third-party payment processor. By providing payment information, you authorize us to charge your payment method for applicable fees.

6.2 Subscription Changes

You may upgrade, downgrade, or cancel your subscription at any time through your account dashboard. Changes take effect at the end of your current billing period.

6.3 Failed Payments

If a payment fails, we may suspend or terminate your account. We will attempt to notify you before taking such action and provide an opportunity to update your payment information.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by FixMySink and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Service without prior written consent.

By submitting content to your listing (such as business descriptions or photos), you grant us a non-exclusive, royalty-free license to use, display, and distribute that content in connection with our Service.

8. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose
• Post false, misleading, or fraudulent information
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated means to access or scrape the Service without permission
• Harass, abuse, or harm other users or Service Providers
• Circumvent any security or access controls
• Use customer leads for spam or unsolicited marketing beyond responding to service requests

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties regarding the quality, accuracy, or reliability of any Service Provider
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the results obtained from using the Service

We do not endorse, guarantee, or assume responsibility for any Service Provider listed on our platform. We do not verify licenses, insurance, background checks, or the quality of work. Customers are solely responsible for conducting their own due diligence before hiring any plumber.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIXMYSINK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• Any damages arising from the conduct of Service Providers or Customers
• Any damages arising from work performed by Service Providers
• Personal injury or property damage resulting from plumbing services

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

11. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• For Service Providers: Any plumbing services you provide to Customers
• Any content you submit to the Service

12. Dispute Resolution

12.1 Disputes Between Users

Any disputes between Customers and Service Providers must be resolved directly between those parties. FixMySink is not responsible for mediating or resolving such disputes.

12.2 Disputes with FixMySink

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the state of our principal place of business.

12.3 Class Action Waiver

You agree to resolve any disputes on an individual basis only. You waive your right to participate in any class action lawsuit or class-wide arbitration against FixMySink.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after any modifications constitutes acceptance of the new Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FixMySink regarding the Service and supersede all prior agreements and understandings.

18. Contact Us

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