These Terms of Service ("Terms") form a binding agreement between you and Tovo Pro ("Tovo Pro," "we," "us," or "our") and govern your access to and use of the Tovo Pro mobile application, website, and related services (collectively, the "Service"). By creating an account, downloading, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old and able to form a binding contract under U.S. law. By using the Service you represent that you meet these requirements.
2. The Service; Marketplace Disclaimer
Tovo Pro is a technology platform that connects homeowners with independent third-party contractors offering home services such as roofing, siding, plumbing, and related work. Tovo Pro is not a contractor, builder, or service provider and does not perform the underlying services. Contractors are independent businesses, not employees or agents of Tovo Pro. Any contract for services is solely between you and the contractor.
3. Accounts
- You are responsible for the accuracy of your account information.
- You are responsible for safeguarding your login credentials.
- You must notify us immediately of any unauthorized use of your account.
4. Payments, Quotes, and Refunds
Quotes and pricing displayed in the Service are provided by contractors and may change based on the scope of work. Payments may be processed by third-party payment processors. You authorize us and our processors to charge your selected payment method for amounts you owe. Refund eligibility depends on the contractor's policies and applicable law.
Apple and Google in-app purchases: if you purchase digital goods through the App Store or Google Play, those purchases are also subject to the applicable store's terms, and refunds are handled by the store.
5. Subscription Auto-Renewal (if applicable)
Subscriptions auto-renew at the end of each billing period unless canceled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your App Store or Google Play account settings. Any unused portion of a free trial is forfeited when you purchase a subscription.
6. Acceptable Use
You agree not to:
- Violate any law or third-party right.
- Use the Service to harass, abuse, or harm others.
- Post false, misleading, defamatory, infringing, obscene, or objectionable content.
- Attempt to access, scrape, or interfere with the Service, security features, or other users' accounts.
- Use the Service to send spam or transmit malicious code.
- Reverse engineer or copy the Service except as permitted by law.
We may remove content and suspend or terminate accounts that violate these Terms.
7. User Content
You retain ownership of content you submit. You grant Tovo Pro a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to host, store, reproduce, modify, display, and distribute your content for the purpose of operating and improving the Service. You represent that you have all rights necessary to grant this license.
8. Reviews and Ratings
Reviews must be truthful and based on your actual experience. Manipulating reviews, posting fake reviews, or offering incentives for reviews is prohibited.
9. Third-Party Services
The Service may integrate with third-party services (e.g., maps, payment processors). Your use of those services is governed by their terms, and we are not responsible for them.
10. Intellectual Property
The Service, including all software, designs, text, graphics, and trademarks, is owned by Tovo Pro or its licensors and is protected by U.S. and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes.
11. DMCA / Copyright
If you believe content on the Service infringes your copyright, send a notice complying with 17 U.S.C. § 512(c) to dmca@tovopro.com, including: identification of the work, the infringing material and its location, your contact information, a good-faith statement, an accuracy statement under penalty of perjury, and your signature.
12. Disclaimers
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE QUALITY, SAFETY, OR LEGALITY OF SERVICES PROVIDED BY ANY CONTRACTOR. YOU ARE RESPONSIBLE FOR EVALUATING CONTRACTORS BEFORE HIRING.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOVO PRO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS BEFORE THE CLAIM OR US$100.00.
14. Indemnification
You agree to defend, indemnify, and hold harmless Tovo Pro and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from your use of the Service, your content, or your violation of these Terms.
15. Termination
You may stop using the Service at any time and delete your account in-app. We may suspend or terminate your access at any time for any reason, including violation of these Terms. Provisions that by their nature should survive termination will survive.
16. Dispute Resolution; Binding Arbitration; Class-Action Waiver
PLEASE READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS. You and Tovo Pro agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, and not in court, except that either party may bring an individual claim in small-claims court. The arbitration will be held in your county of residence or another mutually agreed location. You and Tovo Pro waive the right to a jury trial and the right to participate in any class action, collective action, or representative proceeding. If this class-action waiver is held unenforceable, then the entirety of this arbitration section will be void.
30-day right to opt out: you may opt out of arbitration by emailing legal@tovopro.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms.
17. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Subject to the arbitration section above, the state and federal courts located in Delaware will have exclusive jurisdiction over any disputes not subject to arbitration.
18. App Store Terms
If you downloaded the app from the Apple App Store, you acknowledge that these Terms are between you and Tovo Pro, not Apple. Apple is not responsible for the app or its content; in the event of any failure to conform to applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. The same disclaimers apply to Google Play with respect to Google.
19. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you in-app or by email. Your continued use of the Service after the effective date constitutes acceptance.
20. Contact
Tovo Pro — Legal
Email: legal@tovopro.com