Service Provider Agreement

1. Nature of the Relationship

You are an independent contractor, not an employee, agent, or representative of SmartGigz. SmartGigz provides software tools to help you receive, organize, and manage job requests. SmartGigz does not:

• Direct or supervise how you perform your work
• Set your prices, hours, or service area
• Guarantee any volume of job requests
• Act as your employer for any tax, labor, or legal purpose

You are solely responsible for complying with all applicable laws, paying your own taxes, and carrying any required insurance or licenses for your trade.

2. Your Responsibilities as a Provider

By using SmartGigz, you agree to:

• Provide accurate and truthful information about yourself, your business, and your services
• Respond to job requests in a professional and timely manner
• Treat customers with respect and deliver services as agreed
• Maintain any licenses, certifications, or permits required for your trade in Pennsylvania
• Carry appropriate general liability insurance if your work involves entering customers' property
• Comply with all applicable federal, Pennsylvania, and local laws, including consumer protection, anti-discrimination, and labor laws
• Not use SmartGigz to collect payment through the platform in a fraudulent way
• Notify SmartGigz promptly of any disputes, claims, or legal proceedings that involve the Platform

3. Platform Access & Account

SmartGigz grants you a limited, non-exclusive, non-transferable license to access and use the Platform solely for the purpose of managing your service business. This license does not include the right to:

• Sublicense or resell access to the Platform
• Reverse engineer, copy, or reproduce any part of the Platform
• Use another Provider's account or share your account credentials
• Use automated bots or scrapers on the Platform

SmartGigz reserves the right to suspend or terminate your account for any violation of this Agreement or the Terms of Service, with or without notice.

4. Customer Data & Privacy

Customer information delivered to you through SmartGigz (names, contact information, job details) is provided solely for the purpose of fulfilling that customer's job request. You agree to:

• Use customer data only to communicate about and deliver the requested service
• Not sell, share, or use customer data for marketing without explicit customer consent
• Protect customer data with reasonable security practices
• Comply with applicable privacy laws, including the Pennsylvania Breach of Personal Information Notification Act

5. Disputes Between Providers and Customers

SmartGigz is not a party to any agreement between you and your customers. If a dispute arises between you and a customer, you agree to:

• Attempt to resolve the dispute directly with the customer in good faith
• Not involve SmartGigz as a party or defendant in any such dispute
• Indemnify and hold SmartGigz harmless from any claims, damages, or costs arising from your services or your relationship with a customer

6. Indemnification

You agree to defend, indemnify, and hold harmless SmartGigz and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Platform
• Your provision of services to customers
• Your violation of this Agreement or any applicable law
• Any claim by a customer or third party related to your work

7. Platform Availability & Changes

SmartGigz strives to maintain reliable service but does not guarantee uninterrupted access. We may modify, suspend, or discontinue features of the Platform at any time. We will make reasonable efforts to provide advance notice of material changes that affect your use of the Platform.

We may update this Agreement from time to time. Continued use of the Platform after updates constitutes your acceptance of the revised Agreement.

8. Limitation of Liability

SmartGigz's total liability to you for any claim arising out of or relating to this Agreement shall not exceed the amount you paid to SmartGigz in the three (3) months preceding the claim. SmartGigz is not liable for lost profits, lost data, lost customers, or indirect damages of any kind.

9. Governing Law

This Agreement is governed by the laws of the Commonwealth of Pennsylvania. Any disputes arising under this Agreement shall be resolved in state or federal courts in Berks County, Pennsylvania.

10. Entire Agreement

This Agreement, together with the SmartGigz Terms of Service and Privacy Policy, constitutes the entire agreement between you and SmartGigz regarding your use of the Platform as a service provider. It supersedes all prior agreements or understandings, written or oral, on this subject.

11. Contact

Questions about this Agreement? Contact us at: legal@smartgigz.app · SmartGigz, Reading, PA 19601.