Customer Terms & Conditions

Mendr LLC End-User Agreement Last Updated: August 5, 2024 Introduction This End User Agreement (the “Agreement”) is entered into by and between Mendr LLC, an Idaho limited liability company (“Mendr,” “we,” “us,” or “our”), and you (“User” or “you”). By accessing or using any services, software, applications, or websites (collectively, the “Services”) provided by Mendr, you agree to be bound by this Agreement. If you do not agree to these terms, do not use the Services. 1. Use of Services 1.1 Eligibility: You must be at least 18 years old and have the authority to make adjustments to the property where the service is being requested to use the Services. By using the Services, you represent and warrant that you meet these requirements. 1.2 License to Use: Mendr grants you a limited, non-exclusive, non-transferable, and revocable right to use the Services for your personal or internal business purposes in accordance with this Agreement. 1.3 Restrictions: You agree not to: Use the Services for any unlawful purpose. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services. Use the Services in a manner that could harm, disable, overburden, or impair the Services. Resell, sublicense, or otherwise distribute the Services to any third party. 2. Services Provided 2.1 The Services: The Services enable you and other consumers to find, request, or receive (i) Third-Party Services from third-party service providers, including without limitation, retailers, HVAC Technicians, and other home service providers (“Third-Party Providers”); (ii) related personalized content, including features, recommendations, and advertisements for products or services tailored to your needs and interests; and (iii) certain supporting services, including providing you the ability to express certain preferences about the Third-Party Services or Third-Party Service Providers, payment processing, and customer support. Unless otherwise agreed by Mendr in a separate written agreement with you, these Services are made available solely for your personal, noncommercial use. 2.2 Service Requests: Once you make a request, Mendr notifies Third-Party Providers that an opportunity is available so that the Third-Party Provider may complete your request. It is up to the Third-Party Provider to decide whether or not to offer Third-Party Services to you or at all, and it is up to you to decide whether or not to accept such services from a Third-Party Provider. Please note that once your request for the Services has begun, you may no longer have the option to reschedule or cancel. If Mendr is able to reschedule or cancel your request, you may be charged a fee and/or may not be refunded for items that have been purchased on your behalf. BY ACCEPTING THESE TERMS AND REQUESTING SERVICES THROUGH MENDR’S APPLICATIONS, YOU ARE ACKNOWLEDGING YOU HAVE THE RIGHT TO HAVE REPAIRS AND/OR CHANGES MADE TO THE PROPERTY WHERE THIRD-PARTY SERVICES WILL BE PROVIDED. 2.3 Platform Role: MENDR IS NOT AN HVAC SERVICE COMPANY OR HOME SERVICE PROVIDER. YOUR ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN THIRD-PARTY SERVICES FROM THIRD-PARTY PROVIDERS IN CONNECTION WITH THE USE OF THE SERVICES DOES NOT ESTABLISH MENDR AS A PROVIDER OF ANYTHING OTHER THAN THE SERVICES. INDEPENDENT THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF MENDR IN ANY WAY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY MENDR TO FACILITATE YOUR RECEIPT OF THIRD PARTY SERVICES OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN INDICATION OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH A THIRD-PARTY PROVIDER. 2.4 Third-Party Services and Content: While many Third-Party Services are available through Mendr’s applications, certain Third-Party Services or content are only accessible by exiting the Mendr’s applications (“Out-of-App Experiences”). Once you click on a link to access Out-of-App Experiences, you will be subject to the terms and conditions and privacy policy of that website, destination, or Out-of-App Experience provider, which are different from Mendr’s. Mendr will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or Out-of-App Experience provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Services and are not controlled by Mendr. Mendr does not endorse such Out-of-App Experience providers and in no event shall Mendr be responsible or liable for any products or services of such third-party providers. 2.5 App Stores: The availability of the Services may be dependent on the third-party from which you received the license to the Mendr App, e.g., the Apple iPhone or Android app stores (“App Store”). These Terms are between you and Mendr and not with the App Store and Mendr is responsible for the provision of Services as described in these Terms. However, if you downloaded the Mendr App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are the “end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control. 3. Intellectual Property 3.1 Ownership: The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain Mendr’s property or the property of Mendr’s licensors. These Terms are not a sale and do not convey or grant to you any rights in or related to the Services, or any intellectual property rights owned by Mendr, except for the limited license granted above. 3.2 License: Subject to your compliance with these Terms, Mendr grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Mendr App solely in connection with your use of the Services on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Mendr and Mendr’s licensors. You agree that you will not use Mendr’s copyrights, trademarks, service marks, or trade dress, aside from use incidental to your use of the Services, without express, written permission from Mendr. This prohibition includes use in domain names, websites, and social media accounts. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Mendr; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. 4. User Content 4.1 Responsibility: You are solely responsible for any content you submit, post, or display on or through the Services (“User Content”). You represent and warrant that you own or have the necessary rights to submit the User Content and that the User Content does not violate any third-party rights or applicable laws. 4.2 License to Mendr: By submitting User Content, you grant Mendr a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Mendr’s (and its successors’ and affiliates’) business. 4.3 Feedback: Content that you provide to Mendr is used for enhancing products and services, providing feedback to third parties. Feedback may be moderated or undisclosed for any reason at the discretion of Mendr. 5. User Conduct and Requirements 5.1 Conduct: In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not access or use the Services to cause nuisance, annoyance, inconvenience, damage, or loss to Mendr, the Third-Party Provider, or any other party. 5.2 Incident Reporting: For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident or accident that occurs during your use of the Services and you agree to cooperate with any investigation and attempted resolution of such incident. 6. Communications with Mendr 6.1 Consent: By creating an Account and/or requesting services from Mendr, you electronically agree to accept and receive communications from Mendr, Third-Party Providers, or third parties providing services to Mendr including via email, text message, WhatsApp, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to Mendr. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Mendr and/or Third-Party Providers, including but not limited to communications concerning requests placed through your Account on the Services. Message and data rates may apply. You can learn more about how Mendr may contact you by reading our Privacy Policy. 6.2 Opt-Out: If you do not wish to receive promotional emails, text messages, or other communications from Mendr, you may unsubscribe from the communications by following the instructions to “unsubscribe” in the respective communication. To opt out of receiving text messages from Mendr, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, text messages between you and Third-Party Providers are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your Account, Mendr may contact you using any of the contact information you provided in connection with your Account (including via text or voice-recorded message). 7. Payment 7.1 Prices & Charges: Your use of the Services may result in charges to you for the services or goods you receive from Mendr and/or from Third-Party Providers (“Charges”). Prices displayed to you when purchasing goods through the Services may be inclusive of retail prices charged by the Third-Party Provider and fees paid to Mendr. Mendr will enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as delivery fees, service fees, product return fees, cancellation fees, government-mandated fees, and/or surcharges. Further, Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors. 7.2 Payment Collection: With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and Mendr will collect payment of those charges from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. Payment to a Third-Party Provider of goods or services shall be considered to occur at the moment you submit payment through Mendr. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. A Third-Party Provider also retains the right to request higher Charges from you for services or goods provided. For example, a Third-Party Provider that is a merchant may collect lower or higher charges where the actual goods provided differ from the products originally requested, including in connection with differences in quantity, weight, or item type. Subject to requests from you to lower such Charges from a Third-Party Provider, you agree to pay such higher or lower Charges associated with such product differences. Mendr will consider in good faith any request from a Third-Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. 7.3 Direct Payments: There also may be certain Charges you incur that will be owed and paid directly to Mendr or its affiliates. For the avoidance of doubt, Mendr does not charge a fee for you to access Mendr’s applications, but may charge you a fee or any other Charge for accessing Third-Party Services. 7.4 Payment Methods: All Charges and payments will be enabled by Mendr using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Mendr may use another available payment method in your Account. 7.5 Adjustments: As between you and Mendr, Mendr reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. Mendr will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. 7.6 Refunds: Charges paid by you are final and non-refundable, unless otherwise determined by Mendr and the Third-Party Provider assessing the Charge. If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Charge you incurred, please send an email to hello@homemendr.com to initiate such requests within 30 days after the Charge took place or Mendr will have no further responsibility and you waive your right to later dispute the amounts charged. 7.7 Promotional Offers: Certain users may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice. 7.8 Gratuity: Except for amounts provided by you through the Services as part of the “tip” feature, Mendr does not designate any portion of your payment as a tip or gratuity to a Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. 7.9 Damage, Cleaning, Lost and Found, and Charges for Violation of Terms: Mendr may charge you a fee on behalf of Third-Party Providers if, during your use of the Services, you have caused damage to property (e.g., tools or equipment) that requires repair or replacement (“Repair” or “Replacement”). The amount of such fee shall be determined, in Mendr’s sole discretion, based on the type of damage and the severity. Mendr reserves the right to verify or otherwise require documentation of damages prior to processing a fee. In the event that a Repair or Replacement request is verified by Mendr in Mendr’s reasonable discretion, Mendr reserves the right to facilitate payment for the reasonable cost of such Repair or Replacement using your payment method designated in your Account or for previous services. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Mendr to a Third-Party Provider, if applicable, and are non-refundable. Additionally, if you fail to comply with these Terms, you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms. 8. Disclaimers; Limitation of Liability; and Indemnity 8.1 Disclaimers: The Services are provided “as is” and “as available.” Mendr disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Mendr makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. 8.2 Limitation of Liability: Mendr shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services, regardless of the negligence (either active, affirmative, sole, or concurrent) of Mendr, even if Mendr has been advised of the possibility of such damages. Mendr shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any Third-Party Provider, even if Mendr has been advised of the possibility of such damages. Mendr shall not be liable for delay or failure in performance resulting from causes beyond Mendr’s reasonable control. You acknowledge that Third-Party Providers providing services requested through some Mendr services may offer HVAC and other home services and may not be professionally licensed or permitted. You acknowledge that Third-Party Providers are not ostensible agents, apparent agents, actual agents, or employees of Mendr. The Services may be used by you to request and schedule HVAC and other home services with Third-Party Providers, but you agree that Mendr has no responsibility or liability to you related to any home services, goods, or logistics services provided to or not provided to you by Third-Party Providers other than as expressly set forth in these terms. 8.3 Cap on Liability: In no event shall Mendr’s aggregate liability for all claims relating to the Services exceed the amount paid by you to Mendr, if any, in the twelve (12) months immediately preceding the event giving rise to such claim. 8.4 Indemnity: You agree to indemnify and hold Mendr and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Mendr’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers. 9. Termination 9.1 Termination by Mendr: Mendr may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach any provision of this Agreement. 9.2 Effect of Termination: Upon termination of this Agreement, your right to use the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 10. Governing Law and Dispute Resolution 10.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law principles. 10.2 Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration administered by [Insert Arbitration Organization] in accordance with its rules. The arbitration shall be conducted in Idaho. Judgment on the arbitration award may be entered in any court having jurisdiction. 11. Miscellaneous 11.1 Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of this Agreement will otherwise remain in full force and effect. 11.2 Entire Agreement: This Agreement constitutes the entire agreement between you and Mendr regarding the use of the Services and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement. 11.3 Waiver: The failure of either party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. 11.4 Assignment: You may not assign or transfer this Agreement, by operation of law or otherwise, without Mendr’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Mendr may freely assign this Agreement. Contact Information If you have any questions about this Agreement, please contact us at: Mendr LLC [Insert Address] [Insert City, State, Zip Code] Email: [Insert Email Address] By using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.