Terms of Service

1. Agreement to Terms

By accessing or using SmartGigz ("the Platform," "we," "us"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Platform. These terms apply to all visitors, service providers, and customers who use SmartGigz.

2. What SmartGigz Is

SmartGigz is a software platform that allows independent local service providers ("Providers") to receive, manage, and track customer service requests without phone calls. SmartGigz is a technology platform only — we are not a contractor, employer, agency, or service company. We do not perform, supervise, guarantee, or warrant any work performed by Providers.

3. Provider Accounts

To use the Platform as a Provider, you must create an account with accurate information. You are responsible for:

• Maintaining the security of your account credentials
• All activity that occurs under your account
• Keeping your contact and billing information current
• Complying with all applicable local, state, and federal laws in the conduct of your services

You may not share your account with others or create accounts on behalf of others without authorization.

4. Customer Job Requests

Customers who submit job requests through SmartGigz intake forms ("Requests") agree that:

• Their information will be shared with the Provider they contacted
• SmartGigz is not a party to any agreement between the customer and the Provider
• SmartGigz is not responsible for the quality, safety, legality, or outcome of any service performed
• They have read and agree to the SmartGigz Privacy Policy

5. Independent Contractor Status

Providers are independent contractors, not employees, agents, or partners of SmartGigz. SmartGigz does not control how, when, or where Providers perform their work. Nothing in these Terms creates an employment, agency, joint venture, or franchise relationship between SmartGigz and any Provider.

6. Prohibited Conduct

You may not use SmartGigz to:

• Submit false, fraudulent, or misleading job requests
• Harass, threaten, or harm other users
• Attempt to gain unauthorized access to any account or system
• Scrape, copy, or redistribute any part of the Platform
• Use the Platform for any unlawful purpose
• Circumvent or manipulate the job pipeline or intake forms

We reserve the right to suspend or terminate any account that violates these terms.

7. Limitation of Liability

To the fullest extent permitted by law, SmartGigz shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to: loss of revenue, loss of data, damage to property, bodily injury, or disputes between Providers and customers.

Our total liability to you for any claim arising out of or relating to these Terms or the Platform shall not exceed the amount you paid to SmartGigz in the three (3) months preceding the claim.

8. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Platform will be uninterrupted, error-free, or secure at all times. We do not verify the credentials, licensing, or insurance of any Provider listed or registered on SmartGigz.

9. Intellectual Property

All content, design, code, trademarks, and branding on SmartGigz are the property of SmartGigz or its licensors. You may not reproduce, distribute, or create derivative works without our prior written consent. Providers retain ownership of their own business information submitted to the Platform.

10. Governing Law & Disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved in the state or federal courts located in Berks County, Pennsylvania. You waive any objection to jurisdiction or venue in those courts.

11. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the effective date above. Continued use of the Platform after changes constitutes acceptance of the new Terms. If the changes are material, we will make reasonable efforts to notify you via email or the Platform itself.

12. Contact

Questions about these Terms? Contact us at: legal@smartgigz.app or by mail at SmartGigz, Reading, PA 19601.