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Last Updated: July 6, 2026
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 30) THAT AFFECT YOUR LEGAL RIGHTS. THEY ALSO CONTAIN IMPORTANT DISCLAIMERS, LIMITATIONS OF LIABILITY, AND PROVISIONS EXPLAINING THAT HANDYBUDDY IS AN ONLINE MARKETPLACE AND DOES NOT ITSELF PERFORM ASSEMBLY, INSTALLATION, OR ANY OTHER HOME SERVICES.
1. Acceptance of These Terms
These Terms of Service (these "Terms") are a binding legal agreement between you and API Technologies, Inc., a corporation doing business as HandyBuddy ("HandyBuddy," "we," "us," or "our"). These Terms govern your access to and use of www.handybuddy.com, HandyBuddy for Experts, our mobile experiences, and all other websites, applications, tools, and technology owned or operated by HandyBuddy (collectively, the "Platform").
By accessing or using the Platform, creating an account, or submitting a service request, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Acceptable Use Policy, and Booking, Rescheduling, and Cancellation Policy, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Platform.
If you use the Platform on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, in which case "you" refers to that entity.
2. HandyBuddy Is an Online Marketplace, Not a Service Provider
HandyBuddy operates an online technology marketplace. HandyBuddy is not a home services company, a general contractor, a subcontractor, a construction company, an assembly company, or an installation company. HandyBuddy does not perform, and does not offer to perform, assembly, installation, repair, or any other home improvement services (collectively, "Expert Services"). HandyBuddy does not employ the individuals or businesses who perform Expert Services, and it does not supervise, direct, or control their work.
The Platform enables individuals who need help with a home project (each, a "Customer") to be matched with independent third-party service providers (each, an "Expert") who provide Expert Services directly to Customers. Through the Platform, HandyBuddy: (a) provides technology that allows Customers to obtain quotes and submit service requests; (b) matches Customers with Experts; (c) facilitates scheduling; (d) processes payments through third-party payment processors; (e) provides customer support relating to the Platform; and (f) may, as a courtesy and in its sole discretion, facilitate communications or informal resolution between Customers and Experts. HandyBuddy may charge fees for these Platform functions, but HandyBuddy does not earn fees for performing Expert Services, because HandyBuddy does not perform Expert Services.
Any statement on the Platform describing services available "through HandyBuddy" or similar phrasing refers solely to Expert Services performed by independent Experts whom Customers may engage through the Platform, and does not mean that HandyBuddy itself performs any such services.
3. Two Separate Agreements
When you submit a service request through the Platform and are matched with an Expert who accepts the match, two separate and independent contractual relationships exist:
Agreement A (Customer and HandyBuddy). These Terms form the agreement between you and HandyBuddy. Agreement A covers only the Platform itself: the website and technology, account access, matching, scheduling tools, payment processing facilitation, and customer support relating to the Platform. HandyBuddy's obligations to you are limited to those Platform functions.
Agreement B (Customer and Expert). Each successfully matched service request forms a separate, direct agreement between you and the matched Expert for the performance of the Expert Services. Agreement B — not Agreement A — governs all matters relating to the performance of the work itself, including workmanship, installation quality, methods and techniques, completion, timeliness of performance, warranties relating to the work, alleged negligence in performing the work, and alleged property damage arising from the work. HandyBuddy is not a party to Agreement B, does not guarantee performance under Agreement B, and assumes no liability arising out of Agreement B.
You agree that any claim relating to the performance, quality, safety, legality, or outcome of Expert Services, or to property damage or personal injury allegedly caused by an Expert, lies against the Expert and not against HandyBuddy.
4. Eligibility; Account Registration
You must be at least 18 years old and capable of forming a binding contract to use the Platform. By using the Platform, you represent that you meet these requirements.
Certain features of the Platform require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at the contact information in Section 33 if you suspect unauthorized use of your account. We will handle personally identifiable information you provide in accordance with our Privacy Policy.
You may close your account at any time through your account settings. We may suspend or terminate your account or your access to the Platform at any time as described in Section 28.
5. How the Platform Works
Customers describe their project through the Platform and receive a quoted price based on the information the Customer provides. When a Customer submits a service request, the Platform works to match the request with an available Expert. The name of the matched Expert will be shared with the Customer once the Expert accepts the match. After a successful match, communications regarding the performance of the Expert Services occur directly between the Customer and the Expert, and the Platform provides tools to facilitate scheduling and status updates.
HandyBuddy applies vetting criteria to Experts before admitting them to the Platform, and Experts may be designated as Vetted or Certified based on Platform criteria. However, these designations reflect Platform admission criteria only. They are not an endorsement, guarantee, or warranty of any Expert or of any Expert Services, and HandyBuddy does not guarantee the quality, safety, legality, or timeliness of any Expert Services. Customers are responsible for exercising their own judgment in their dealings with Experts.
6. Quotes, Fees, and Payment Authorization
Quotes. Customers are quoted a flat rate at the time a service request is booked through the Platform. The quoted price may include Platform fees, including a matching fee, and is based on the scope of work the Customer discloses. If the scope of work changes for any reason — before or during performance — the Customer must promptly notify HandyBuddy through the Platform or by electronic means so that a revised quote can be provided. Quotes are based solely on the information the Customer provides; inaccurate or incomplete project descriptions may result in revised pricing, rescheduling, or cancellation of the request.
Payment Method. To use the Platform, each Customer must register a valid credit or debit card or other accepted payment method. You represent that you are authorized to use the payment method you provide. You agree to provide accurate and complete billing information and authorize us to share your information and related transaction information with our third-party payment processors as necessary to process payments.
Payment Authorization. By submitting a service request, you authorize HandyBuddy and its payment processors to: (a) verify your payment method, including through a pre-authorization; (b) charge your payment method for the full quoted amount of your service request, including Platform fees and the amount payable to the Expert for the Expert Services, upon a successful match and the Expert's acceptance of the match; and (c) charge your payment method for any approved scope changes, additional items agreed with your Expert through the Platform, and any fees due under these Terms or our published policies, including any applicable Trust & Safety fee.
Pre-Authorizations. A pre-authorization is not a charge, but it may reduce your available credit or funds until your bank's next processing cycle. If a pre-authorization or charge exceeds the funds available in your account, your bank may impose overdraft or non-sufficient-funds fees. HandyBuddy is not responsible for such fees and cannot assist in recovering them from your bank.
Taxes. Quoted fees are exclusive of taxes. You are responsible for all applicable transaction taxes arising from your service request, other than taxes based on HandyBuddy's income.
Releases of Holds. A hold on a payment method may be released by formally canceling a service request through the Platform. All charges, releases, refunds, and credits are subject to our Booking, Rescheduling, and Cancellation Policy published on our website, which may be updated from time to time.
7. No Circumvention
The Platform's fees fund the matching, scheduling, payment, and support functions described in these Terms. Accordingly, you agree that you will not use the Platform to identify an Expert and then engage that Expert outside the Platform for the same service request, and you will not pay any Expert or on-site technician directly for a service request placed through the Platform. Without limiting the foregoing, it is a material breach of these Terms to: (a) place a service request through the Platform; (b) cancel that request; and then (c) engage the matched Expert directly for the same or substantially the same work outside the Platform, including by paying the Expert directly. HandyBuddy may suspend or terminate the account of any Customer or Expert who circumvents the Platform and may pursue any other remedies available at law or in equity.
8. Scheduling, Rescheduling, and Cancellations
Scheduling and rescheduling are managed through the Platform. Requested appointment dates are requests only and are not confirmed until accepted through the Platform. Cancellations, rescheduling, refunds, and any associated fees, including any Trust & Safety fee, are governed by our Booking, Rescheduling, and Cancellation Policy published on our website, which is incorporated into these Terms and may be updated from time to time consistent with applicable law.
9. Refunds, Credits, and Goodwill Payments
Any refund, credit, coupon, discount, reimbursement, or other goodwill payment that HandyBuddy elects to provide to a Customer is voluntary and is provided in HandyBuddy's sole discretion. Any such payment or credit: (a) is not an admission of liability, fault, or wrongdoing by HandyBuddy or by any Expert; (b) does not modify, waive, or amend these Terms; (c) does not create any obligation to provide the same or similar payments or credits in the future; and (d) does not constitute a course of dealing. HandyBuddy may condition any goodwill payment on reasonable requirements, including the claims procedures described in Sections 15 through 18 and the execution of a reasonable release.
10. Experts Are Independent Contractors
Experts are independent third-party contractors. Experts are not employees, agents, partners, representatives, franchisees, subcontractors, or joint venturers of HandyBuddy, and nothing in these Terms or in the operation of the Platform creates any such relationship. HandyBuddy is not affiliated with, endorsed by, or sponsored by any Expert.
Experts exercise complete and exclusive control over the manner and means of performing Expert Services. Experts alone determine their methods, means, tools, equipment, materials handling, techniques, sequence of work, staffing and labor, work schedule (subject to appointment commitments made directly to Customers), and all other details of performance. HandyBuddy does not supervise, direct, or control Experts or their work; does not provide Experts with tools, equipment, or training in the performance of Expert Services; and does not evaluate or warrant the methods Experts choose. Experts are free to accept or decline any match and to provide services outside the Platform to persons who are not matched to them through the Platform.
HandyBuddy makes no representations regarding, and expressly disclaims all responsibility for, the performance of Experts, including the quality, timing, legality, completion, or any other aspect of their activities, and provides no warranty of good and workmanlike performance, no warranty of fitness for a particular purpose, and no warranty of compliance with any law, regulation, or code with respect to Expert Services.
11. Expert Insurance
Every Expert on the Platform is required to maintain active commercial general liability insurance with limits of at least $1,000,000 at all times while participating in the Platform, and to provide proof of insurance in the form of a certificate of insurance (COI) upon request. An Expert's failure to maintain required insurance, or to provide proof of insurance upon request, is grounds for immediate removal from the Platform. HandyBuddy's insurance requirement exists for the benefit of Customers and the marketplace; it does not make HandyBuddy an insurer, a guarantor of any Expert's coverage, or a party to any insurance policy, and HandyBuddy does not warrant the existence, scope, or adequacy of any Expert's coverage at any particular time.
12. Customer Responsibilities
You agree that, as a Customer, you will: (a) provide accurate, complete, and current descriptions of your project, including relevant site conditions, product information, and any factors that could affect scope, pricing, or safety; (b) provide the Expert with safe, lawful, and timely access to the work area at the scheduled appointment time; (c) maintain a safe work environment, including securing pets, disclosing known hazards, and complying with applicable law; (d) ensure that utilities reasonably necessary for the work (such as electricity, water, and lighting) are available and functioning; (e) provide the products to be assembled or installed, together with all parts, hardware, and manufacturer instructions, unless otherwise agreed; (f) complete any site preparation reasonably necessary before the appointment; (g) promptly notify HandyBuddy of any change in scope as described in Section 6; (h) cooperate reasonably and in good faith with the Expert and with HandyBuddy, including under the claims procedures in Sections 15 through 18; and (i) take reasonable steps to mitigate any loss or damage as described in Section 18.
Failure to satisfy these responsibilities may result in rescheduling, revised pricing, cancellation, or fees under our published policies, and may limit or bar recovery on any related claim to the extent the failure caused or contributed to the issue.
13. Workmanship; No Warranty by HandyBuddy
Any warranty, guarantee, or promise regarding the workmanship, quality, or completion of Expert Services belongs solely to the Expert who performed the work and arises, if at all, under Agreement B between the Customer and that Expert or under applicable law governing that Expert. HandyBuddy provides no workmanship warranty of any kind. Any satisfaction-related program, review mechanism, or resolution assistance that HandyBuddy offers is a feature of the Platform provided as an intermediary courtesy only; it is not a warranty, guarantee, or assumption of responsibility for Expert Services, and it does not obligate HandyBuddy to remediate, repair, complete, or pay for any work.
14. Property Damage
HandyBuddy is not responsible or liable for alleged property damage caused by an Expert. Because Experts are independent contractors who alone control the performance of their work, claims for property damage arising out of Expert Services lie directly against the Expert and, where applicable, the Expert's liability insurer. Upon a Customer's reasonable request made through the claims procedure in Section 15, HandyBuddy will use commercially reasonable efforts to facilitate the exchange of the Expert's insurance information. HandyBuddy's facilitation of any claim is a courtesy only and is not an assumption of liability.
15. Claims Procedure
If you believe that Expert Services were defective, incomplete, or caused damage, you must follow this claims procedure. Doing so protects everyone's ability to evaluate and resolve the issue fairly.
Written Notice. Submit written notice to HandyBuddy through the Platform or to the contact information in Section 33 promptly after discovering the issue, and in any event within a reasonable time not to exceed 30 days after the appointment or the discovery of the issue, whichever is later.
Documentation. Include reasonable documentation supporting your claim, including a description of the issue, the date of service, clear photographs and (where practical) video of the affected work and any alleged damage, and copies of relevant receipts or invoices.
Cooperation and Inspection. Cooperate reasonably with HandyBuddy and the Expert in evaluating the claim, including responding to reasonable requests for information and providing reasonable access to the property so that the Expert, the Expert's insurer, or their designees may inspect the work and any alleged damage.
Response Time. Allow a reasonable period for the Expert and, where applicable, the Expert's insurer to respond, inspect, and propose a resolution before taking the remedial steps described in Section 16.
This Section is a notice and cooperation provision; it does not shorten any statute of limitations or eliminate any claim. However, if you fail to follow this procedure where it was reasonably possible to do so, your recovery may be reduced to the extent — and only to the extent — that the failure actually prejudices the ability of the Expert, the Expert's insurer, or HandyBuddy to inspect, verify, cure, or defend against the claim.
16. Opportunity to Cure
Before you hire another contractor to redo or complete the work, remove the work, demolish the work, replace the work, or repair the work — or before you take any similar remedial action that would alter or destroy the condition of the work — you must, to the extent reasonably possible: (a) provide reasonable written notice of the issue as described in Section 15; (b) provide photographs and, where practical, video documenting the condition of the work; (c) provide reasonable access to the property; and (d) give the Expert a reasonable opportunity to inspect the work and a reasonable opportunity to cure the issue.
This Section does not require you to delay action reasonably necessary to address an emergency or an imminent risk to health, safety, or property; in such cases, you must document the condition as thoroughly as the circumstances reasonably allow before taking action and provide notice as soon as practicable afterward.
17. Preservation of Evidence
Whenever reasonably possible, you must preserve evidence relevant to a claim before altering, repairing, removing, or discarding the work or any affected property. This includes: (a) taking and retaining photographs and videos of the work and any alleged damage; (b) retaining receipts, invoices, and estimates; (c) retaining damaged materials, parts, and packaging; and (d) preserving reasonable inspection access until the Expert and, where applicable, the Expert's insurer have had a reasonable opportunity to inspect. To the maximum extent permitted by law, failure to preserve evidence in violation of this Section may reduce recovery to the extent — and only to the extent — that the failure actually prejudices the evaluation or defense of the claim.
18. Duty to Mitigate
You have a duty to take commercially reasonable steps to mitigate any loss or damage arising out of or relating to Expert Services or your use of the Platform. Recoverable damages, if any, will be reduced to the extent they could have been avoided through reasonable mitigation.
19. Exclusive Remedies
To the maximum extent permitted by applicable law, your sole and exclusive remedy against HandyBuddy in connection with any Expert Services is any refund or credit that HandyBuddy voluntarily elects to provide under Section 9. HandyBuddy has no obligation to: perform repairs; hire another contractor; pay another contractor; remove work; replace work; complete work; excavate; dispose of materials; clean property; restore landscaping, concrete, drywall, paint, or flooring; or otherwise remediate, correct, or complete any work performed by an Expert. Nothing in this Section limits any remedy you may have directly against an Expert under Agreement B or applicable law. Nothing in these Terms waives, releases, or limits any right or remedy that cannot lawfully be waived, released, or limited, including rights under the California Consumers Legal Remedies Act (California Civil Code Section 1750 et seq.) or other non-waivable consumer protection statutes.
20. Chargebacks
If you believe a charge is incorrect or that you are entitled to a refund, you agree to first contact HandyBuddy through the claims procedure in Section 15 and give us a reasonable opportunity to address the issue before initiating a chargeback or payment dispute with your card issuer or bank.
If you initiate a chargeback or payment dispute: (a) HandyBuddy may suspend any pending resolution efforts, goodwill offers, refunds, or credits relating to the disputed transaction while the chargeback is pending; (b) any goodwill offer that has not yet been paid may be withdrawn; and (c) HandyBuddy may suspend your account pending resolution. Duplicate recoveries are prohibited: you may not retain both a chargeback recovery and a refund or credit for the same transaction. If you receive a refund or credit and subsequently obtain a chargeback recovery for the same transaction (or the reverse), you agree to promptly return the duplicated amount upon request, and HandyBuddy may invoice you for the duplicated amount, offset it against any credits or amounts otherwise payable to you, or, where permitted by applicable law and card network rules, charge your payment method on file. Nothing in this Section waives, and these Terms do not waive, any rights you have under the Fair Credit Billing Act or other applicable law.
21. Disclaimers
PLEASE READ THIS SECTION CAREFULLY. EACH PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE PLATFORM, INCLUDING ALL INFORMATION, PROJECT DESCRIPTIONS, QUOTES, MATCHING, SCHEDULING TOOLS, AND THIRD-PARTY CONTENT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HANDYBUDDY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
HANDYBUDDY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (a) EXPERT SERVICES AND THE QUALITY, SAFETY, TIMELINESS, LEGALITY, COMPLETION, OR ANY OTHER ASPECT OF EXPERT SERVICES; (b) THE CONDUCT OF ANY EXPERT OR OTHER THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE PLATFORM; (c) THIRD-PARTY WEBSITES, PRODUCTS, OR SERVICES LISTED ON OR ACCESSIBLE THROUGH THE PLATFORM; AND (d) PROJECT DESCRIPTIONS AND USER-SUBMITTED CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
22. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) HANDYBUDDY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, LOSS OF DATA, LOSS OF USE, DELAY DAMAGES, OR COSTS OF CLEANUP, EXCAVATION, REMOVAL, REPLACEMENT, COMPLETION, SUBSTITUTE SERVICES, OR PROPERTY RESTORATION (INCLUDING LANDSCAPING, CONCRETE, DRYWALL, PAINT, AND FLOORING), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, OR ANY EXPERT SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF HANDYBUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE; AND (b) HANDYBUDDY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY EXPERT SERVICES WILL NOT EXCEED THE TOTAL AMOUNTS YOU ACTUALLY PAID THROUGH THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR HANDYBUDDY'S OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR FOR DEATH OR PERSONAL INJURY CAUSED BY HANDYBUDDY'S OWN NEGLIGENCE, IN EACH CASE WHERE AND TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE DISCLAIMERS AND LIMITATIONS IN SECTIONS 19, 21, AND 22 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HANDYBUDDY, AND THE PLATFORM WOULD NOT BE PROVIDED TO YOU WITHOUT THEM.
23. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless HandyBuddy and its directors, officers, employees, consultants, and other representatives from and against any and all third-party claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses to the extent arising out of or from: (a) your breach of these Terms, including the Acceptable Use Policy and any other incorporated policy; (b) any allegation that materials you submit to us or transmit through the Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your violation of applicable law in connection with your use of the Platform; and/or (d) your negligent acts or omissions or willful misconduct. Your indemnification obligations do not apply to the extent a claim arises from HandyBuddy's own negligence, willful misconduct, or breach of these Terms. HandyBuddy reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.
24. Communications; Text Messages
By providing your mobile phone number and agreeing to these Terms, you agree to receive communications from HandyBuddy and from Experts in our marketplace, including by text message, relating to your service requests. These communications include, for example, operational messages concerning your service request, matching, scheduling, and appointment status. Message and data rates charged by your carrier may apply. You may opt out of non-essential text messages by following the instructions in the message or by contacting us; opting out of operational messages may impair our ability to service your requests. You agree that HandyBuddy may also send you notices and other communications electronically, including by email and through the Platform, and that electronic communications satisfy any legal requirement that a communication be in writing.
25. Acceptable Use
You agree to use the Platform lawfully and in accordance with our Acceptable Use Policy. Without limiting that policy, you will not: (a) use the Platform for any unlawful purpose; (b) harass, threaten, or abuse any Expert, Customer, or HandyBuddy personnel; (c) submit false, misleading, or fraudulent information, requests, or claims; (d) interfere with or disrupt the Platform or its security features; (e) scrape, harvest, or collect information from the Platform except as expressly permitted; (f) reverse engineer or attempt to derive the source code of the Platform; or (g) circumvent the Platform as described in Section 7. We may investigate suspected violations and cooperate with law enforcement authorities.
26. Intellectual Property; License
The Platform, including all software, designs, text, graphics, logos, trademarks, and other content provided by HandyBuddy, is owned by HandyBuddy or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, HandyBuddy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use (or, for Experts, for the purpose of providing Expert Services through the Platform). No other rights are granted. If you submit content to the Platform, including project descriptions, photos, and reviews, you grant HandyBuddy a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute that content in connection with operating, improving, and promoting the Platform, and you represent that you have all rights necessary to grant this license.
27. Third-Party Services and Content
The Platform may contain links to, or integrate with, third-party websites, products, and services, including payment processors. HandyBuddy does not control and is not responsible for third-party websites, products, or services, and your use of them may be subject to separate terms and privacy policies. References to third-party products, brands, or retailers on the Platform are for identification purposes only and do not imply affiliation or endorsement.
28. Termination
You may stop using the Platform and close your account at any time through your account settings. We may suspend or terminate your account or your access to all or part of the Platform at any time, with or without notice, if we reasonably believe you have violated these Terms or any incorporated policy, if required by law, to protect the security or integrity of the Platform, or to protect Customers, Experts, or HandyBuddy; and we may otherwise terminate accounts on reasonable notice. Upon termination, your license to use the Platform ends immediately. Sections that by their nature should survive termination will survive, as described in Section 32.
29. Changes to These Terms
We may update these Terms from time to time, consistent with applicable law. If we make material changes, we will post the updated Terms on the Platform, update the "Last Updated" date above, and, where required by law or where we determine it is appropriate, provide additional notice (such as by email or in-Platform notice). Changes take effect upon posting unless a later effective date is stated. Your continued use of the Platform after changes take effect constitutes your acceptance of the updated Terms; changes will not apply retroactively to disputes arising from events that occurred before the effective date of the change. If we make any material change to the arbitration provisions in Section 30, that change will not apply to any Dispute of which either party had notice, or that arose from events occurring, before the effective date of the change, and you may reject the change by closing your account and discontinuing use of the Platform within 30 days after notice of the change. If you do not agree to updated Terms, you must stop using the Platform.
30. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ARBITRATION OF MOST DISPUTES ON AN INDIVIDUAL BASIS AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
a. Informal Resolution First. If you have a dispute with HandyBuddy, you agree to first contact us at the address in Section 33 with a written description of your dispute and to attempt in good faith to resolve it informally for at least 30 days before initiating arbitration or any other proceeding.
b. Binding Arbitration. You and HandyBuddy agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform (collectively, "Disputes") will be resolved by binding arbitration, except that: (i) each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) either party may bring an individual claim in small claims court if the claim is eligible under that court's rules and remains in that court on an individual, non-class, non-representative basis. By agreeing to arbitration, you and HandyBuddy each waive the right to a trial by jury with respect to Disputes subject to arbitration. Except as provided in subsections (c) and (k), the arbitrator, and not any court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable.
c. Class Action Waiver. You and HandyBuddy agree that any proceeding to resolve a Dispute will be conducted only on an individual basis and not in a class, consolidated, or representative action, and each of us waives the right to participate as a plaintiff or class member in any class action. Unless you and HandyBuddy agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) must proceed in court, and the remainder of this Section will continue to apply.
d. Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (or, where applicable, its Commercial Arbitration Rules) then in effect (the "AAA Rules"), except as modified by this Section. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
e. Arbitration Process. A party who wishes to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of California and will be selected by the parties from the AAA's roster of arbitrators with relevant experience. If the parties are unable to agree on an arbitrator within 7 days of delivery of the Demand for Arbitration, the AAA will appoint the arbitrator in accordance with the AAA Rules.
f. Arbitration Location and Procedure. Unless you and HandyBuddy agree otherwise, for Customers arbitrating consumer claims, any in-person hearing will take place in the county where you reside (or another mutually convenient location), and hearings may be conducted by telephone or video conference; for all other Disputes, the seat of the arbitration will be Santa Ana, California. If your claim does not exceed $10,000, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have discretion to direct a reasonable exchange of information consistent with the expedited nature of the arbitration.
g. Arbitrator's Decision and Governing Law. The arbitrator will apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and will honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules, and judgment on the award may be entered in any court having jurisdiction. Any award of damages must be consistent with Sections 19, 21, and 22 to the extent enforceable. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant's individual claim.
h. Fees. Each party's responsibility for arbitration filing, administrative, and arbitrator fees will be as set forth in the AAA Rules, including any consumer fee schedules under those Rules. For Customers arbitrating consumer claims: if your filing fee exceeds the cost of filing the same claim in a court of competent jurisdiction, HandyBuddy will pay the difference upon your written request, and HandyBuddy will pay all administrative and arbitrator fees and costs that are unique to arbitration to the extent required for this arbitration agreement to be enforceable under applicable law. Each party will bear its own attorneys' fees except where an applicable statute or the AAA Rules provide otherwise.
i. 30-Day Right to Opt Out. You may opt out of the arbitration and class action waiver provisions of this Section by sending written notice of your decision to opt out to the address in Section 33, postmarked or emailed within 30 days of first accepting these Terms, stating your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither party will be bound by this Section's arbitration and class waiver provisions, and Disputes will be resolved in court as provided in Section 31. Opting out will not affect any other provision of these Terms.
j. Severability. Except as provided in subsections (c) and (k), if any portion of this Section is found unenforceable, the remaining portions will remain in full force and effect.
k. Public Injunctive Relief. Nothing in this Section waives any non-waivable right you may have to seek public injunctive relief under California law. If a court of competent jurisdiction determines that applicable law precludes arbitration of a claim for public injunctive relief, then that claim (and only that claim) will be severed from arbitration and may be litigated in a court of competent jurisdiction, and the litigation of that claim will be stayed pending arbitration of all other claims, which remain subject to individual arbitration under this Section.
31. Governing Law and Venue
These Terms are governed by the laws of the State of California and applicable federal law of the United States, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 30. For any action as to which the arbitration provision does not apply (including if you validly opt out), you and HandyBuddy consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California (Santa Ana), except that nothing in this Section limits any non-waivable right you may have to bring a claim in the courts of your state of residence under applicable consumer protection law.
32. Miscellaneous
a. Entire Agreement. These Terms, together with the Privacy Policy, the Acceptable Use Policy, the Booking, Rescheduling, and Cancellation Policy, and any other policies expressly incorporated by reference, constitute the entire agreement between you and HandyBuddy regarding the Platform and supersede all prior and contemporaneous agreements, proposals, discussions, and communications, whether written or oral, regarding the Platform. For clarity, these Terms do not supersede or modify Agreement B between a Customer and an Expert, to which HandyBuddy is not a party.
b. Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and, if it cannot be enforced, will be severed, and the remaining provisions will remain in full force and effect.
c. Assignment. You may not assign, transfer, delegate, or sublicense these Terms or any of your rights or obligations under them without HandyBuddy's prior written consent, and any attempt to do so is void. HandyBuddy may assign, transfer, or delegate these Terms or any of its rights or obligations, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
d. No Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of HandyBuddy to be effective.
e. No Third-Party Beneficiaries. Except as expressly stated, these Terms do not confer any rights or remedies on any person other than you and HandyBuddy. Experts are not third-party beneficiaries of Agreement A.
f. Force Majeure. HandyBuddy will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, utility or telecommunications failures, or failures of third-party service providers.
g. Headings. Headings and captions are for convenience only and do not define, limit, or affect the interpretation of any provision.
h. Further Assurances. You agree to execute and deliver such additional documents and take such further actions, at our expense, as we may reasonably request to confirm and give effect to the intent of these Terms.
i. Language. English is the authoritative language of these Terms, and all communications, notices, arbitrations, and other proceedings relating to these Terms will be conducted in English, even if we choose to provide translations.
j. Survival. The following Sections survive any expiration or termination of these Terms or your account: Sections 2, 3, 6 (with respect to amounts owed), 7, 9, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26 (with respect to licenses you grant), 30, 31, and 32.
33. Contact
HandyBuddy
API Technologies, Inc.
30262 Crown Valley Pkwy, Suite B #168
Laguna Niguel, CA 92677
Email: service@handybuddy.com