TERMS & CONDITIONS
U'GO Pros, Inc.
These Terms and Conditions (the “Terms”) govern access to and use of the U'GO Pros applications, websites, content, products, and services (collectively, the “Services”). Please read them carefully before accepting the Terms, accessing the Services, or using the U'GO Pros platform.
Important: By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
1.1 Scope. These Terms govern your access to and use of the Services as an individual or business within the United States, the District of Columbia, and U.S. possessions where the Services are made available. The Services are owned and operated by U'GO Pros, Inc. and its subsidiaries and affiliates (collectively, “U'GO Pros,” “the Company,” “we,” “us,” or “our”).
1.2 Agreement. Your access to or use of the Services constitutes your agreement to these Terms and creates a binding contractual relationship between you and U'GO Pros. If you do not agree to these Terms, you may not access or use the Services.
1.3 Prior Agreements; Suspension or Termination. These Terms supersede any prior agreements or arrangements between you and U'GO Pros concerning the Services. U'GO Pros may terminate or modify the Services, cease offering all or part of the Services, or deny access to the Services at any time and for any reason, subject to applicable law.
1.4 Supplemental Terms. Supplemental terms may apply to particular Services, events, activities, promotions, or locations. We will disclose those terms in connection with the applicable Service. Supplemental terms form part of these Terms and control if they conflict with these Terms as to the applicable Service.
1.5 Amendments. U'GO Pros may amend these Terms from time to time. Amendments become effective when posted at this location or when amended policies or supplemental terms are posted through the applicable Service. Your continued access to or use of the Services after posting constitutes your agreement to the amended Terms.
1.6 Privacy. Our collection and use of personal information in connection with the Services are described in the U'GO Pros Privacy Policy available through the U'GO Pros website and applications.
2.1 Limited License. Subject to your compliance with these Terms, U'GO Pros grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and use the applications on your personal device solely in connection with your use of the Services; and (ii) access and use content, information, and related materials made available through the Services, solely for your personal, noncommercial use. U'GO Pros reserves all rights not expressly granted.
2.2 Prohibited Uses. You may not: (i) use copyrighted material, trademarks, or other intellectual property accessed through the Services except as permitted by U'GO Pros or applicable law; (ii) relicense, sell, resell, broadcast, stream, or publicly display the Services except as expressly permitted by U'GO Pros; (iii) decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Services, except where applicable law permits; (iv) use any program or script to scrape, index, survey, data-mine, damage, disrupt, or interfere with any part of the Services; or (v) attempt to gain unauthorized access to or impair the Services or any related systems or networks.
2.3 Brands and Service Options. Portions of the Services may be offered under U'GO Pros brands or request options associated with particular service projects. The Services may also be provided by or in connection with U'GO Pros subsidiaries, affiliates, or service professionals who provide services to users.
2.4 Independent Services. The Services may be made available or accessed in connection with services and content, including advertising, provided by service professionals or other third parties that U'GO Pros does not control. Different terms of use and privacy policies may apply to those third-party services and content. U'GO Pros does not endorse and is not responsible or liable for the products, services, or content of any service professional or other third party.
2.5 Mobile Platforms. Apple Inc. and Google LLC may be third-party beneficiaries of these Terms if you access the Services through applications developed for Apple iOS or Android-powered devices, respectively. Those third parties are not parties to these Terms and are not responsible for providing or supporting the Services. Your use of the Services through those devices is also subject to the applicable platform provider's terms.
2.6 Reserved Rights. The Services and all associated rights are and will remain the property of U'GO Pros or its licensors. Neither these Terms nor your use of the Services grants you any right: (i) in or related to the Services, except for the limited license stated above; or (ii) to use or reference U'GO Pros company names, logos, product or service names, trademarks, service marks, or those of its licensors.
3.1 Account Eligibility. To use most aspects of the Services, you must register for and maintain an active personal user account (an “Account”). You must be at least 18 years old, or the age of legal majority in your jurisdiction if different, to create an Account.
3.2 Account Information. Registration may require personal information such as your name, address, mobile phone number, age, and at least one valid payment method, which may be a credit card or an accepted payment partner. You agree to keep your Account information accurate, complete, and current. Failure to do so, including failure to maintain a valid payment method, may result in an inability to access or use the Services or termination of your Account.
3.3 Account Security. You are responsible for all activity under your Account and for maintaining the security and confidentiality of your username and password. Unless U'GO Pros permits otherwise in writing, you may maintain only one Account.
3.4 Pro Eligibility. To use the Services as a service professional or business (a “Pro”), you must register for and maintain an active Pro account. You must be at least 18 years old, or the age of legal majority in your jurisdiction if different, to create a Pro account.
3.5 Business Information and Credentials. Pro registration may require the business name, address, telephone number, and proof of licenses and insurance applicable to the services offered. Pros must keep their information accurate, complete, and current and must maintain all licenses, permits, and insurance required in each area where they operate. Failure to do so may result in an inability to access or use the Services or termination of the Pro account.
3.6 Screening and Service Requests. Pro accounts are screened before approval to determine whether applicable requirements are met. If a Pro account is approved, the business may access service requests from users seeking the services it offers. U'GO Pros makes no representation or warranty regarding how often a Pro's listing, profile, ratings, or reviews will appear or be viewed.
3.7 Pro Account Security. A Pro is responsible for all activity under its Account, for maintaining the security and confidentiality of its username and password, and for appropriately adding, updating, or removing employee profiles associated with its business. Unless U'GO Pros permits otherwise in writing, a Pro may maintain only one Account.
3.8 Lawful Use. The Services are not available to persons under 18. You may not authorize another person to use your Account, permit a person under 18 to receive services from a Pro unless accompanied by you, or assign or transfer your Account to another person or entity. You must use the Services lawfully and may not request or receive unlawful services or services that are not properly licensed, insured, or permitted where performed.
3.9 Conduct and Reviews. You may not use the Services in a way that causes nuisance, annoyance, inconvenience, or property damage to a Pro or any other person. Reviews and ratings must be honest, fair, and neither false nor libelous.
3.10 Identity and Credentials. U'GO Pros may ask you to provide proof of identity, and may deny access to or use of the Services if you refuse. For services scheduled through the U'GO Pros platform, users remain responsible for confirming that their selected Pro holds all licenses, insurance, and permits required by local, state, or federal authorities before services are performed.
3.11 Authorized Personnel. The Services are not available to persons under 18. A Pro may not allow a person under 18 to perform services for users unless accompanied by the Pro. A Pro may authorize employees to use the Pro account for business purposes. A Pro account may be transferred only in connection with a legal transfer of business ownership and upon submission of supporting documentation acceptable to U'GO Pros.
3.12 Compliance and Conduct. Pros must comply with all applicable laws and use the Services only for lawful purposes. A Pro may not transport unlawful or hazardous materials or provide illegal goods or services. A Pro may not use the Services in a way that causes nuisance, annoyance, inconvenience, or property damage to a user or any other person.
3.13 Identity and Licensing. U'GO Pros may ask a Pro to provide proof of identity and may deny access to or use of the Services if the Pro refuses; proof of citizenship is not required. Each Pro is responsible for obtaining and maintaining all licenses, insurance, and permits required by local, state, or federal authorities before performing services.
3.14 Service Communications. By creating an Account, you agree that U'GO Pros or your Pro may send informational text messages (SMS) or in-application notifications as part of the ordinary operation of the Services. Mobile carrier rates and fees may apply.
3.15 Promotional Offers. U'GO Pros may, in its sole discretion, create promotional codes or offers redeemable for Account credit or other features or benefits relating to the Services or a Pro's services, subject to any additional terms established by U'GO Pros for the applicable promotional code or offer (each, a “Promo Code”).
3.16 Promo Code Rules. Promo Codes: (i) must be used lawfully and only by their intended audience and for their intended purpose; (ii) may not be duplicated, sold, transferred, or made available to the general public, including by posting to a public forum, unless U'GO Pros expressly permits it; (iii) may be disabled by U'GO Pros at any time and for any reason without liability; (iv) may be used only in accordance with the specific terms U'GO Pros establishes for the Promo Code; (v) are not redeemable for cash; and (vi) may expire before use.
3.17 Improper Redemption. U'GO Pros may withhold or deduct credits, features, or benefits obtained through a Promo Code if U'GO Pros determines or believes that its use or redemption was erroneous, fraudulent, illegal, or contrary to these Terms or the applicable Promo Code terms.
3.18 Ownership and License. U'GO Pros may permit you to submit, upload, publish, or otherwise make available textual, audio, or visual content and information through the Services, including commentary, feedback, support requests, and entries for competitions or promotions (“User Content”). You retain ownership of your User Content. By providing User Content, however, you grant U'GO Pros a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit that User Content in any format, without further consent, notice, or payment to you or any other person or entity.
3.19 Content Standards. You may not provide User Content that is defamatory, libelous, violent, obscene, pornographic, or unlawful, whether or not the content may otherwise be protected by law. U'GO Pros may, but is not obligated to, review, monitor, or remove User Content at its sole discretion, at any time and for any reason, without notice.
3.20 Connectivity and Compatibility. You are responsible for obtaining the network access, compatible hardware, and device updates required to use the Services. Your mobile network's data and messaging rates and fees may apply. U'GO Pros does not guarantee that the Services or any portion of them will function on any particular hardware or device. The Services may also be affected by malfunctions and delays inherent in internet and electronic communications.
4.1 Charges. Use of the Services may result in charges for services or goods provided by a Pro (“Charges”). After you receive an estimate, U'GO Pros will facilitate payment of the applicable Charges on behalf of the Pro as the Pro's limited payment collection agent. Payment through U'GO Pros will be treated as payment made directly to the Pro. Charges will include applicable taxes where required by law.
4.2 Final Payment. Charges paid are final and nonrefundable unless U'GO Pros determines otherwise. When the service is completed, you will be asked to approve the final cost, and any estimated payment previously authorized or collected will be adjusted accordingly. At the time services or goods are received, you may ask the Pro to reduce the applicable Charges. U'GO Pros will respond to a Pro's request to modify the Charges for a particular service or good.
4.3 Payment Methods. All Charges are due immediately and will be facilitated through the preferred payment method designated in your Account. U'GO Pros will send a receipt by email. If your primary payment method is expired, invalid, or cannot be charged, U'GO Pros may, as the Pro's limited payment collection agent, charge a secondary payment method associated with your Account, if available.
4.4 Pricing and Promotions. As between you and U'GO Pros, U'GO Pros may establish, remove, or revise Charges for services or goods obtained through the Services at any time, subject to applicable law. Charges in certain geographic areas may increase during periods of high demand. U'GO Pros will use reasonable efforts to inform you of applicable Charges, but you remain responsible for Charges incurred through your Account. Promotional offers and discounts may result in different amounts being charged to different users for the same or similar services or goods. Offers not made available to you do not affect the Charges applied to you.
4.5 Cancellation Fee. You may cancel a request for services or goods from a Pro at any time before the Pro arrives. A cancellation and processing fee of 5% may apply.
4.6 Gratuities. The payment structure is intended to compensate the Pro fully for the services or goods provided. U'GO Pros does not designate any part of your payment as a tip or gratuity. Any statement that tipping is voluntary, not required, or included does not mean that U'GO Pros pays the Pro any additional amount beyond the payments described in these Terms. You may provide a gratuity to a Pro, but you are not required to do so. After receiving services or goods, you may rate your experience and provide feedback about the Pro.
4.7 Platform Fees. Pros are charged a platform fee for services contracted with users through the U'GO Pros platform. Creating a Pro account and sending quotes are free. For completed jobs connected through U'GO Pros, the platform fee is 10% on smaller jobs and steps down to as low as 2% on bigger jobs. A Pro does not pay a platform fee for a job the Pro does not receive. The applicable fee will be disclosed through the platform or otherwise communicated by U'GO Pros.
4.8 Annual Subscription Fee. By signing up, Pros receive a lifetime waiver of the annual subscription fee.
4.9 Pro Promotions. U'GO Pros may offer certain Pros promotions or discounts that result in lower charges for the same or similar services provided through the Services. Promotions or discounts not made available to a particular Pro do not affect the charges applied to that Pro.
4.10 Pro Payouts. Payments will be held in the Pro's Account until the Pro requests redemption. A payout may take one to three business days to reach the Pro's account, depending on: (i) the time and day the request is submitted, including intervening weekends or business holidays; and (ii) the transfer terms and processing practices of the receiving financial institution. U'GO Pros is not responsible for delays caused by a Pro's agreements with or the processing practices of outside financial institutions.
4.11 Legal Holds. U'GO Pros will comply with a valid order from a court in the United States requiring it to hold funds until the court permits their release. U'GO Pros is not responsible for a loss resulting from a hold required by such an order.
5.1 Limited Assistance. U'GO Pros does not guarantee work performed by a service professional and has no obligation regarding the relationship between a user and a service professional except as expressly stated in these Terms. At your request, U'GO Pros may provide limited assistance in resolving a dispute arising from a project with a service professional connected to you through U'GO Pros.
5.2 Good-Faith Participation. You must participate in and make good-faith efforts to resolve problems through the U'GO Pros resolution process. Any assistance provided by U'GO Pros is limited and does not alter or nullify the releases, disclaimers, limitations of liability, or indemnity obligations in these Terms.
6.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the United States, without giving effect to conflict-of-law principles, except as otherwise stated in supplemental terms applicable to your region.
6.2 Copyright Notices. Claims of copyright infringement should be sent to U'GO Pros' designated agent. Email legal@ugopros.com to request the designated address and additional information.
6.3 Notice from U'GO Pros. U'GO Pros may provide notice through a general notice within the Services, by email to the address associated with your Account, or by first-class mail or prepaid post to the address associated with your Account. Notice is deemed given 48 hours after mailing or posting if sent by first-class mail or prepaid post, or 12 hours after sending if sent by email.
6.4 Notice to U'GO Pros. You may provide notice to U'GO Pros by first-class mail or prepaid post addressed to: U'GO Pros, Inc., Attn: User Notices – Legal. Notice from you is deemed given when received by U'GO Pros.
6.5 Assignment. You may not assign these Terms without U'GO Pros' prior written approval. U'GO Pros may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of U'GO Pros' equity, business, or assets; or (iii) a successor by merger. Any attempted assignment in violation of this provision is void.
6.6 No Partnership or Agency. No joint venture, partnership, employment, or agency relationship exists among you, U'GO Pros, or any Pro as a result of these Terms or your use of the Services, except that U'GO Pros may act as a Pro's limited payment collection agent as expressly described in Section 4.
6.7 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be severed and the remaining provisions will remain enforceable to the fullest extent permitted by law.
6.8 No Waiver. U'GO Pros' failure to enforce a right or provision of these Terms does not waive that right or provision unless U'GO Pros acknowledges and agrees to the waiver in writing.
7.1 As-Is Services. The Services are provided “as is” and “as available.” U'GO Pros disclaims all representations and warranties, express, implied, or statutory, not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
7.2 No Service Warranty. U'GO Pros 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 Services, or that the Services will be uninterrupted or error-free. U'GO Pros does not guarantee the quality, suitability, safety, or ability of any Pro.
7.3 Assumption of Risk. To the maximum extent permitted by applicable law, you assume the entire risk arising from your use of the Services and any service or good requested in connection with them.
7.4 Identity at the Time of Service. The person who provides a service or is present when a service is delivered may not be the same person shown in the applicable user or Pro profile. The parties present are solely responsible for confirming that the recipient and service provider are the persons who requested or offered the services. Those parties must decide whether to proceed, and U'GO Pros makes no representation on behalf of either party.
7.5 Excluded Damages. To the maximum extent permitted by applicable law, U'GO Pros will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage arising from or related to the Services, even if U'GO Pros has been advised of the possibility of those damages.
7.6 Transactions and Access. To the maximum extent permitted by applicable law, U'GO Pros will not be liable for damages, liability, or losses arising from: (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 Pro, even if U'GO Pros has been advised of the possibility of those damages.
7.7 Events Beyond Control. U'GO Pros will not be liable for a delay or failure in performance resulting from causes beyond U'GO Pros' reasonable control.
7.8 Liability Cap. To the maximum extent permitted by applicable law, U'GO Pros' total liability to you in connection with the Services for all damages, losses, and causes of action will not exceed five hundred U.S. dollars (US $500).
7.9 Pro Services. You may use the Services to request and schedule services with Pros, but U'GO Pros has no responsibility or liability for services provided to you by a Pro except as expressly stated in these Terms.
7.10 Nonwaivable Rights. The disclaimers and limitations in this Section 7 do not limit liability or alter consumer rights that cannot be excluded or limited under applicable law.
7.11 Your Indemnity. You agree to indemnify and hold harmless U'GO Pros and its officers, directors, employees, and agents from all claims, demands, losses, liabilities, and expenses, including attorneys' fees, arising from or related to: (i) your use of the Services or goods obtained through the Services; (ii) your breach or violation of these Terms; (iii) U'GO Pros' use of your User Content; or (iv) your violation of the rights of any Pro, including any Pro service provider.
