info@ugopros.com

1.Terms of Use and Understanding

These Terms shall govern the access and use by you, the individual user and/or business, solely within the United States and the District of Columbia. The possessions of applications, content, products, websites, and services are made available in the United States and the District of Columbia ONLY, and are the sole property of U'GO Pros Inc., and any subsidiaries and affiliates (collectively, "U'GO Pros" or “The Company”). PLEASE, PLEASE, PLEASE BE SURE TO READ THESE TERMS COMPLETELY BEFORE ACCEPTING THE TERMS, USING ANY SERVICES, OR ACCESSING OUR APPLICATION. Now that you’ve been forewarned, please remember that:

  1. Your access and use of our services holds as your agreement to be bound by these Terms. By doing so YOU establish a contractual relationship with U'GO Pros. If you do not agree to these Terms, you may not access or use the services.
  2. These Terms do supersede any prior agreements or arrangements you may have or have had with U’GO Pros. U'GO Pros may terminate or adjust these Terms and/or any services, or generally cease offering or deny access to any portion therein, at any time for any reason as they apply to you. Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotions, and such supplemental terms will be disclosed to you on a case by case basis (i.e., a particular city webpage on ugopros.com) or in connection with the applicable service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
  3. U'GO Pros may amend these Terms from time to time. Amendments will be made effective at such a time as they are posted at this location, or the amended policies or supplemental terms on the applicable service(s). Your continued access or use of the services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the services is as provided in U'GO Pros Privacy Policy located below

2.The Services Provided

  • License:

    In agreeing to these Terms and Conditions, U'GO Pros grant's you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable 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 any content, information and related materials that may be made available through the services, in each case solely for your personal, noncommercial use. U’GO Pros. reserve any rights not expressly granted to users of these services..

  • Restrictions:

    You may not: (i) use any copyright material, trademarks, or other intellectual property accessed through these services or licensed to U’GO Pros; (ii) re-license, sell/re-sell, broadcast, stream, or publicly display in any manner the services except as expressly permitted by U'GO Pros; (iii) decompose script, reverse engineer the services, or in any way reuse the platform(s) provided except as may be permitted by applicable law; (iv) utilize any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services. This includes, but is not limited to, any malicious software designed to gather any information on the company or its users, or to damage, disrupt, or halt the operation of the application platform (v) attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks.

  • Provision of the Services:

    You acknowledge that portions of the services may be made available under U'GO Pros various brands or request options associated with service projects. You also acknowledge that the services may be made available under such brands or request options by or in connection with: (i) certain of U'GO Pros subsidiaries and affiliates; or (ii) Pros that have provided services to you to.

  • Pros Services and Content:

    The services may be made available or accessed in connection with Pros’ services and content (including advertising) that The Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such Pros services and content. The Company does not endorse such Pros services and content and in no event shall The Company be responsible or liable for any products or services of such Pros providers. Additionally, Apple Inc., Google, Inc., will be a third-party beneficiary to this contract if you access the services using Applications developed for Apple iOS/Android-powered mobile devices, respectively. These Pros beneficiaries are not parties to this contract and are not responsible for the provision or support of the services in any manner. Your access to the services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.

  • Ownership:

    The services and all rights here listed are and shall remain U'GO Pros property. Neither these Terms nor your use of the services convey or grant to you any rights: (i) in or related to the services except for the limited license granted above; or (ii) to use or reference in any manner U'GO Pros company names, logos, product and service names, trademarks or services marks or those of U'GO Pros licensors.

3.Use of U’GO Pros Services

  • User Accounts:

    In order to use most aspects of the services, you must register for and maintain an active personal user services account ("Account"). By accepting these terms & conditions you acknowledge that you are at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18). Account registration requires you to submit to U'GO Pros certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the services or U'GO Pros termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by U'GO Pros in writing, you may only possess one Account.

  • Pros Accounts:

    In order to use most aspects of the services, you must register for and maintain an active Pros services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to U'GO Pros certain business information, such as the company name, address, phone number, as well as proof of applicable licensing and insurances for any services your wish to provide to users. You agree to maintain accurate, complete, and up-to-date information in your Account, as well as maintain all necessary business licensing, permits, and insurance in your respective region(s) of operation. Failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Pros services or U'GO Pros termination of this Agreement with you. All Pros accounts are screened before approval to ensure that these requirements are met. In the event you create an account and it is approved, your business will have access to service requests from any user seeking service(s) you provide. U’GO Pros does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times, as well as appropriately updating/removing any employee profiles under the name of your business. Unless otherwise permitted by U'GO Pros in writing, you may only possess one Account.

  • User Requirements and Conduct:

    The service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Pros Providers unless you accompany them. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the services, and you may only use the services for lawful purposes (e.g., you may not provide any services that are not both legal and appropriately licensed/insured/permitted in the region in which they are being provided). You will not in your use of the services cause nuisance, annoyance, inconvenience, or property damage, whether to the user or any other party. Likewise, as a user you are responsible for any reviews or ratings you provide for services rendered, ensuring that the content is both honest and fair, and in no way untruthful or libelous. In certain instances, you may be asked to provide proof of identity to access or use the services, and you agree that you may be denied access to or use of the services if you refuse to provide proof of identity. For any service(s) scheduled through a U’GO Pros platform, Pros service Providers are ultimately responsible to confirm that all appropriate licensing, insurance, and permits are obtained from local, state, or federal authorities at or before the time when service(s) are rendered.

  • Pros Requirements and Conduct:

    The service is not available for use by persons under the age of 18. You may not allow persons under the age of 18 to provide service(s) to users unless they are accompanied by you. You may assign additional authorization to individuals under your employ for business purposes only. It is possible to transfer your Account to any other person or entity if the ownership of your business is legally transferred, which will require supporting documentation. You agree to comply with all applicable laws when using our services and you may only use the services for lawful purposes (e.g., no transport of unlawful or hazardous materials, or providing any illegal goods or services). You will not, in your use of these services, cause any inconvenience, or property damage to your Pro or any other party. In certain instances, you may be asked to provide proof of identity to access or use our services to your Pro, and you agree that you may be denied access to or use of the services if you refuse to provide proof of identity (proof of citizenship is not required). For any service(s) scheduled through a U’GO Pros platform, users are ultimately responsible to confirm that all appropriate licensing, insurance, and permits are obtained from local, state, or federal authorities by your Pro at or before the time when service(s) are rendered.

  • Text Messaging and Notifications:

    By creating an Account, you agree that U’GO Pros or your Pro may send you informational text (SMS) messages or notifications through the application as part of the normal business operation of your use of the service(s).

  • Promotional Codes:

    U'GO Pros may, at our sole discretion, create promotional codes or provide promotional offers that may be redeemed for Account credit, or other features or benefits related to the services and/or a Pros Provider's services, subject to any additional terms that Uber establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by U'GO Pros; (iii) may be disabled by U'GO Pros at any time for any reason without liability to U'GO Pros; (iv) may only be used pursuant to the specific terms that U'GO Pros establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. U'GO Pros reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that U'GO Pros determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

  • User Provided Content:

    U'GO Pros may, in U'GO Pros sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to U'GO Pros through the services textual, audio, and/or visual content and information, including commentary and feedback related to the services, initiation of support requests, and submission of entries for competitions and promotions. Any such content which is willfully given by the user will remain your property. However, by providing such content to U'GO Pros, you do thereby grant U'GO Pros a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such materials in any formats, without further consent received from or notice provided for you, and without the requirement of payment to you or any other person or entity. You also agree not to provide any content that might be considered defamatory, libelous, violent, obscene, pornographic, or unlawful, whether or not such material may be protected by law. U'GO Pros may, but shall not be obligated to, review, monitor, or remove any such content at U'GO Pros sole discretion and at any time and for any reason, without notice to you.

  • Network Access and Devices:

    You are responsible for obtaining the data network access necessary to use the services. Your mobile network's data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and Applications and any updates thereto. U'GO Pros does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4.Payments

  • Users:

    You understand that use of the services may result in charges to you for the services or goods you receive from a Pros Provider ("Charges"). After you have received estimates on services or goods obtained through your use of the service, U'GO Pros will facilitate your payment of the applicable Charges on behalf of the Pros Provider, as such Pros Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Pros Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by U'GO Pros. Once finale service is completed you will agree to final cost and the estimated payment that was taken from you will then be adjust. You retain the right to request lower Charges from a Pros Provider for services or goods received by you from such Pros Provider at the time you receive such services or goods. U'GO Pros will respond accordingly to any request from a Pros Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by U'GO Pros using the preferred payment method designated in your Account, after which U'GO Pros will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that U'GO Pros may, as the Pros Provider's limited payment collection agent, use a secondary payment method in your Account, if available. As between you and U'GO Pros, U'GO Pros reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the services at any time in U'GO Pros sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. U'GO Pros 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. U'GO Pros may from time to time provide certain users with promotional offers and discounts that may 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. Cancelations: You may elect to cancel your request for services or goods from a Pros Provider at any time prior to such Pros Provider's arrival, in which case you may be charged a 5% cancellation/processing fee. This payment structure is intended to fully compensate the Pros Provider for the services or goods provided. U'GO Pros does not designate any portion of your payment as a tip or gratuity to the Pros Provider. Any representation by U'GO Pros (on U'GO Pros website, in the Application, or in U'GO Pros marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that U'GO Pros provides any additional amounts, beyond those described above, to the Pros Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Pros Provider who provides you with services or goods obtained through the service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the service, you will have the opportunity to rate your experience and leave additional feedback about your Pros Provider

  • Pros Providers:

    All Pros service providers will be assessed a platform charge for any service(s) contracted with users through any U’GO Pros platforms. The charge will be a flat rate of 15% of the total final expenses assessed for the service(s) provided. U'GO Pros may from time to time provide certain Pros service providers with promotional offers and discounts that may result in lesser amounts charged for the same or similar services or goods provided 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. All payments will be held in your account until such a time as you choose to redeem them. Redemption of payment may take one to three business days to clear the Pros accounts dependent on (i) the time of day the request is submitted, or day of the week. This may also be affected by the occurrence of business holidays, in which case the transaction period would exclude the holiday as a business day; and (ii) the terms and conditions of transfers established by your financial institution to which the funds are being transferred. U’GO Pros is not responsible for any delay of receipt of payment that results from such preexisting agreements you may have with outside financial institutions. ANY ORDER ISSUED BY A LEGAL COURT OF THE UNITED STATES OF AMERICA TO U’GO PROS TO HOLD THESE FUNDS FROM REDEMPTION WILL BE HONORED, UNTIL SUCH A TIME AS THE COURT ALLOWS THE RELEASE OF THESE FUNDS. U’GO PROS IS NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM SUCH A HOLDING.

5.Conflict Resolution

While we cannot guarantee the work performed by a service professional, and while we have no obligation to you with regard to your relationship with a service professional, the U'GO Pros resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a service project with a service professional who was connected to you (the user) by U'GO Pros. We may, upon your request, provide limited assistance in resolving disputes between you and a service professional. You must participate and use good faith efforts to resolve problems through the U'GO Pros resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions

6.Additional Provisions

Choice of Law

These Terms are governed by and construed in accordance with the laws of the U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

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Claims of Copyright Infringement

Claims of copyright infringement should be sent to U'GO Pros designated agent. Please email U'GO Pros at legal@ugopros.com for the designated address and additional information.

Notice

U'GO Pros may give notice by means of a general notice on the services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to U'GO Pros, with such notice deemed given when received by U'GO Pros, at any time by first class mail or pre-paid post to U'GO Pros Inc. Attn: User Notices - Legal

General

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 purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, U'GO Pros or any Pros Provider as a result of this Agreement or use of the services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. U'GO Pros failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by U'GO Pros in writing.

7.Disclaimers, Limitation of Liability, Indemnity.

DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." U'GO PROS 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, 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 USE OF 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 PROS PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. PLEASE BE AWARE THAT AT THE TIME WHEN SERVICES ARE RECEIVED OR DELIVERED, THE PARTY WHO PROVIDES THE SERVICE OR WHO IS PRESENT WHEN SERVICES ARE DELIVERED MAY NOT BE THE SAME AS THE INDICATED IN THEIR USER PROFILE. IT IS THE SOLE RESPONSIBILITY OF THE APPLICABLE USER TO CONFIRM THAT EITHER THE RECIPIANT OR SERVICE PROVIDER IS IN THE SAME AS THAT WHICH REQUESTED OR OFFERED SAID SERVICES. AT THAT TIME THE CONTINUATION OF SERVICE SHOULD BE DETERMINED BY THE PARTIES PRESENT, AS U’GO PROS MAKES NO REPRESENTATION FOR EITHER PARTY.

LIMITATION OF LIABILITY

U'GO PROS 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, EVEN IF U'GO PROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. U'GO PROS 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 PROS PROVIDER, EVEN IF U'GO PROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. U'GO PROS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND U'GO PROS REASONABLE CONTROL. IN NO EVENT SHALL U'GO PROS TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). U'GO PROS SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH PROS PROVIDERS, BUT YOU AGREE THAT U'GO PROS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY PROS PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

INDEMNITY

You agree to indemnify and hold U'GO Pros and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the services or goods obtained through your use of our services; (ii) your breach or violation of any of these Terms; (iii) U'GO Pros use of your User Content; or (iv) your violation of the rights of any Pros, including Pros Providers.

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