Customer Terms of Service

Version 1.7 — Last Updated: May 19, 2026

PLEASE READ AND REVIEW THESE TERMS OF SERVICE CAREFULLY. BY INSTALLING THE HOUSE FLY APP OR OTHERWISE ACCESSING OR USING THE HOUSE FLY PLATFORM, YOU REPRESENT, PROMISE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND AND OBLIGATED BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU MAY NOT INSTALL THE HOUSE FLY APP OR ACCESS OR USE OF THE HOUSE FLY PLATFORM.

THESE TERMS OF SERVICE OBLIGATE AND BIND YOU TO AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE SEE SECTION 10 OF THESE TERMS OF SERVICE.

1. OVERVIEW

These Customer Terms of Service (“Terms of Service”) govern your access to and use of the House Fly Platform (defined below), operated by House Fly Home Services, Inc., a Delaware corporation (“House Fly,” “we,” “us,” or “our”). The “House Fly Platform” means the House Fly website (www.HouseFly.com), the House Fly mobile application (the “House Fly App”), and all related online services, features, content, and functionality made available by House Fly from time to time, including without limitation the AI-assisted booking, customer-service, and voice experiences known as “Homer.”

The House Fly Platform facilitates connections between you (each, a “Customer”) and independent third-party service providers (“Service Providers”) who provide home and property services (cleaning, lawn care, handyman, plumbing, electric, photography, painting, flooring, fencing, and other listed services, each a “Listed Service”). When you book a Listed Service through the Platform, House Fly selects and dispatches a Service Provider on your behalf under the Pro Match (Concierge Booking) model described in Section 3.

House Fly may modify the features, functionality, content, or availability of the House Fly Platform at any time (“Modify” or “Modifications,” including any “Special Modifications” that may apply to specific bookings, features, or geographies).

2. ACCOUNT

2.1 Affirmative Assent at Account Creation and at Booking

You expressly acknowledge that to create an Account or to complete any booking through the Platform, you are required to affirmatively assent to these Terms of Service by checking an “I agree to the Terms of Service and Privacy Policy” box or by clicking a button substantially labeled “I agree” or “Place Order” presented in immediate proximity to a hyperlink to these Terms of Service. Your check or click constitutes your express, knowing, and binding consent to these Terms of Service for all purposes, including without limitation Section 10 (Mandatory, Binding Arbitration and No Class Action). Continued use of the Platform after a material change to these Terms of Service (with notice provided as described in Section 12) constitutes your continued assent to the modified Terms.

2.2 Account Creation, Profile, Authentication

To access and use the House Fly Platform, you will need to create a password-protected Account using an authentication means selected by House Fly (such as two-factor authentication using email and text verification or such other authentication means as selected by House Fly from time to time) to confirm your identity upon initial sign-in. Account creation may include phone-number verification via SMS one-time-passcode. By providing your mobile phone number at signup, you authorize House Fly to send a one-time verification code by SMS; this does not enroll you in the SMS Messaging Program described in Section 12.

You agree to provide accurate, current, and complete information to create your Account (including, without limitation, your Customer Profile) and at all other times when you access or use the House Fly Platform, and to timely update information in your Account (including, without limitation, your Customer Profile) to always keep it accurate, current, and complete. To establish an Account, you must complete a Customer Profile with certain information as such information is specified by House Fly from time to time. You hereby irrevocably consent that, for so long as you have an Account on the House Fly Platform, House Fly may show your Customer Profile to Service Providers (and further that, even after you no longer have an Account, House Fly may, with respect to any Services Contract to which you are a party, show your Customer Profile to the Service Provider who is also party to that Services Contract). For the avoidance of doubt, House Fly has no obligation whatsoever to you to show all or any of your Customer Profile to any Service Provider. The House Fly Platform may also allow you, from time to time, to elect to make some or all of your Customer Profile available for public access. You agree not to provide or maintain any false or misleading information about (or, due to events or changes in circumstances, to allow to continue to persist in your Customer Profile or other parts of your Account, any information that has become false or misleading information about) your identity or location, the Subject Home/Property, any credit card, debit card or other payment source, your Services Contracts or any other information on or in the House Fly Platform.

2.3 Account Security

To the fullest extent permitted by law, you, and not House Fly, are solely responsible for safeguarding your Account. You agree not to share your username and password, as well as any other authentication means, with any other Person. You hereby authorize and direct House Fly to assume (and without, to the fullest extent permitted by law, any liability whatsoever to House Fly) that any Person using your username and password, or other authentication means then being used by House Fly, is authorized to act for you. You are solely responsible for all access to, use of and other activity that occurs on, in, to, by or through your Account, and you will notify House Fly immediately of any unauthorized, or suspected unauthorized, use, access or activity on, in, to, by or through your Account. To the fullest extent permitted by law, House Fly is not liable for any losses, liabilities or damages caused, in whole or in part, by any unauthorized use or access on, in, to, by or through your Account. Your Account is nontransferable and nonassignable except with House Fly’s written permission and in line with these Terms of Service.

2.4 Eligibility

If establishing an Account or otherwise accessing, using or participating in the House Fly Platform is to be by an individual, the minimum eligibility criteria for that individual is that such individual must be at least 18 years old, can form legally binding contracts under applicable law, is a citizen of the United States and lives and resides in the United States. If you are an individual and do not satisfy this minimum eligibility criteria, you should not establish an Account and you should not otherwise access, use or participate in the House Fly Platform.

If establishing an Account or otherwise accessing, using or participating in the House Fly Platform is to be by an Entity, the minimum eligibility criteria for that Entity is: (a) that the charter and other governing documents and instruments of such Entity fully allow it to enter into, perform and execute these Terms Of Service; (b) that such Entity has the power and authority to fully allow, and has done all things necessary to allow, it to enter into, perform and execute these Terms Of Service; (c) that such Entity can form legally binding contracts under applicable law; (d) that such Entity is chartered under the laws of one of the States in the United States of America or chartered under the federal laws of the United States of America; and (e) that such Entity operates entirely within the United States of America.

By accessing, using or participating in the House Fly Platform, you represent and warrant that you fully satisfy the minimum eligibility criteria. House Fly has no obligation to you whatsoever to verify, investigate or confirm that you satisfy the minimum eligibility criteria. Even if you satisfy the minimum eligibility criteria, House Fly reserves all rights whatsoever to decline, deny or otherwise reject your request or action to open or otherwise establish an Account.

2.5 Identity, Payment, and Authorization Checks

You hereby authorize House Fly, directly or through other Persons, to make any inquiries to validate (or to confirm or test authorizations for) all or any of the following: your identity; your location; confirm your ownership or right to use any email address or phone number; credit cards, debit cards, bank accounts or other payment means that you have provided to us or our Payment Processor (including, without limitation, running any credit card authorizations, debit card authorizations or other authorizations); your credit score; financial statements, employment information or other information about you which you have provided to us.

2.6 Customer Identity Verification

House Fly reserves the right, at any time and in its sole discretion, to require you to verify your identity by submitting a government-issued photo ID, completing a selfie/liveness check, or otherwise satisfying House Fly’s identity-verification requirements before House Fly will fulfill, process payment for, or complete any booking. House Fly may suspend, cancel, or refuse any booking pending completion of identity verification. House Fly is not liable for any delay, cancellation, or loss arising from your failure or refusal to complete identity verification.

2.7 Account Termination

Either you or House Fly has the right to voluntarily terminate these Terms of Service upon five days written notice (except that: (a) these Terms of Service shall continue to govern you and House Fly as to any then-existing Services Contracts; and (b) any termination is subject to Section 12).

Without notice or explanation either you or House Fly has the right to voluntarily terminate (delete or permanently remove) your Account at any time and for any reason. After your Account is terminated, there will be no way to access it again, and all account information will be permanently lost. House Fly is not responsible for any lost finances, transaction history, information, or data after your Account is terminated. Before deleting your Account, it is your sole responsibility to back up any information, withdraw any available funds, and close out all open disputes and upcoming jobs.

3. HOUSE FLY AND THE CUSTOMER

3.1 Limited Booking Agency; Communications with Service Providers

Subject to your compliance with and observation of the other provisions (including, without limitation, all DISCLAIMERS and limitations of liability) of these Terms of Service, the House Fly Platform is a cloud-based services application that facilitates a medium through which you can connect with Service Providers, enter into a contract between you and a Service Provider for the Service Provider to perform certain Listed Services in exchange for payment (the “Services Contract”), schedule the performance of Listed Services, and make payments through the House Fly Platform.

House Fly is not a party to any Services Contract that you make with a Service Provider; only you and the Service Provider are parties to such Services Contract.

At your request, House Fly may contact Service Providers, request or relay information regarding price, availability, schedule, or scope, and assist in the formation of a Services Contract on a non-binding basis. House Fly does so as a limited booking-administration function and not as your agent, broker, fiduciary, or negotiator.

3.2 Customer Responsibility and Geographic Limitation

The Customer acknowledges and agrees that they are required to limit their booking of services to the geographic regions within the United States of America in which House Fly operates. Bookings outside the United States are not supported and may be canceled by House Fly without liability.

3.3 Pro Match (Concierge Booking)

When you book a service through the House Fly Platform, you authorize House Fly to select an independent local Service Provider from House Fly’s pool of available providers in your area and assign your job to that Service Provider (a “Pro Match” or “Concierge Booking”). You do not browse, choose, or contract directly with a specific Service Provider through the Platform; instead, House Fly performs the match on your behalf. Pro Match is the default and standard booking experience on the Platform.

Estimated Pricing; Information Sources. Prices displayed at checkout are estimates derived from any combination of: market data, publicly available pricing information, prior jobs on the Platform, Service Provider–submitted pricing tiers, AI-assisted analysis, and customer-supplied job details (such as ZIP code, size, scope, and timing). Estimates are not a commitment by any specific Service Provider. Estimates may change as we confirm scope, timing, location, access, materials, or other variables. House Fly may adjust the final charge within a tolerance of ±15% at or before Acknowledged Completion (see Section 6.1) without additional approval. If a variance would exceed ±15%, House Fly will request your re-confirmation; if you decline, House Fly may cancel the booking without liability and process any charges or refunds under Section 6.

Matching; No Guarantee of Specific Provider. By booking through the Platform, you authorize House Fly to select and match an independent local Service Provider whom we reasonably believe can perform the job at or near the displayed estimate and during the time window you selected. Specific Service Providers are not guaranteed. If a matched Service Provider is unavailable, unresponsive, declines, or if House Fly determines in its sole discretion that proceeding is inadvisable or inconsistent with these Terms, House Fly may (a) cancel the booking, or (b) reassign the booking to a different Service Provider as a substitute. Any price or timing adjustments will follow Section 6.

3.4 What “Verified” and “Vetted” Mean on the Platform

When the Platform refers to a Service Provider as “verified” or “vetted,” those words mean only that House Fly has located the Service Provider’s publicly available business profile (for example, on Google Business, social media, professional directories, or licensing databases). “Verified” and “vetted” do NOT mean that House Fly has confirmed the Service Provider’s identity, licensure, insurance, bonding, criminal history, workmanship, qualifications, or any other credential. House Fly does not currently perform criminal background checks on Service Providers.

Your Acknowledgment of the Limited Meaning of “Verified” and “Vetted.” You acknowledge that you have read, understood, and accepted the definitions of “verified” and “vetted” set forth in this Section 3 before booking any service through the Platform. You acknowledge and agree that any use of “verified,” “vetted,” or substantially similar terminology elsewhere on the Platform, in marketing materials, in advertising, on third-party platforms (including Google, Yelp, social media, and search engines), or in any other House Fly communication carries the same limited meaning defined in this Section 3 and does not mean that House Fly has confirmed the Service Provider’s identity, licensure, insurance, bonding, criminal history, qualifications, or workmanship. To the fullest extent permitted by law, you waive any claim under any federal or state unfair, deceptive, or abusive acts or practices statute, consumer protection statute, or false-advertising statute based on or arising from House Fly’s use of the words “verified,” “vetted,” or any similar term in marketing or platform copy. This waiver does not apply to any non-waivable consumer right under applicable law.

3.5 VIP Accounts; No Guarantee of Identity-Verified Provider

“VIP Account” is the internal operational designation House Fly uses for Service Provider records associated with the Pro Match dispatch model. A Pro Match Service Provider dispatched to your booking may be either:

(a) a Service Provider who completed House Fly’s standard signup flow and identity verification (submission of government-issued photo ID and selfie/liveness check via a third-party verification vendor); or

(b) a Service Provider whose business House Fly located through public sources (Google Business, social media, professional directories, or licensing databases) and who has not gone through House Fly’s standard signup or identity verification.

Customers booking through Pro Match are not guaranteed to receive an identity-verified Service Provider. The VIP Account designation does not indicate that House Fly has verified the Service Provider’s identity or any other credential. You acknowledge and accept this allocation of risk as a condition of using the Pro Match booking model.

3.6 Negligent Selection; Negligent Referral; Negligent Dispatch — Express Waiver and Assumption of Risk

You acknowledge, accept, and expressly agree that House Fly’s selection, assignment, and dispatch of a Service Provider through the Pro Match (Concierge Booking) model is an administrative, technology-platform function only and does not constitute (and shall not be construed as):

(a) a recommendation, endorsement, or vouching of the Service Provider;

(b) any representation or warranty regarding the Service Provider’s identity, licensure, insurance, bonding, qualifications, experience, criminal history, character, workmanship, or fitness for the job;

(c) the creation of any agency, apparent agency, partnership, joint venture, franchise, or employment relationship between House Fly and the Service Provider; or

(d) the assumption by House Fly of any duty of care to you in connection with the selection of the Service Provider.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE, RELEASE, AND DISCHARGE THE HOUSE FLY GROUP FROM ANY AND ALL CLAIMS — INCLUDING WITHOUT LIMITATION CLAIMS SOUNDING IN NEGLIGENT SELECTION, NEGLIGENT REFERRAL, NEGLIGENT DISPATCH, NEGLIGENT HIRING, NEGLIGENT RETENTION, NEGLIGENT SUPERVISION, OR NEGLIGENT MISREPRESENTATION — ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE SELECTION, ASSIGNMENT, DISPATCH, OR PERFORMANCE OF ANY SERVICE PROVIDER ON OR THROUGH THE PLATFORM, WHETHER OR NOT THE SERVICE PROVIDER COMPLETED HOUSE FLY’S STANDARD SIGNUP FLOW OR IDENTITY VERIFICATION.

Express Assumption of Risk for Unverified Service Providers. You acknowledge that some Service Providers dispatched through the Pro Match model (specifically, those designated as VIP Accounts) may not have completed House Fly’s standard signup flow or identity verification, and that House Fly does not currently perform criminal background checks on any Service Provider. You expressly accept and assume the risk of receiving a Service Provider whose identity, credentials, or background have not been verified by House Fly. This assumption of risk is a material and essential element of the bargain between you and House Fly under these Terms of Service.

3.7 Independent Contractor Status of Service Providers; No Employer Liability

You acknowledge and agree that every Service Provider on the Platform is an independent contractor and not an employee, agent, joint venturer, partner, or franchisee of House Fly or any member of the House Fly Group. Service Providers control the means, methods, schedule, tools, and manner of performing their work. House Fly does not direct or supervise the actual performance of any Service Provider. To the fullest extent permitted by law, you waive any claim against House Fly or any member of the House Fly Group based on a theory of employer liability, joint-employer liability, ostensible-employer liability, or vicarious liability for the acts or omissions of any Service Provider. If a court of competent jurisdiction reclassifies a Service Provider as an employee, agent, or joint-employee of House Fly for any purpose (including without limitation purposes of California Labor Code §2775 et seq., the Fair Labor Standards Act, or analogous state law), such reclassification shall not (i) create any retroactive liability of House Fly to you for any act or omission of the Service Provider, or (ii) modify the disclaimers, limitations of liability, or indemnification obligations set forth in these Terms of Service.

3.8 Background Check Disclaimer

You understand and agree that whether or not House Fly conducts a Background Check on any Service Provider is solely for House Fly’s own benefit and not for your benefit, reliance, or use. You further understand and agree that you cannot and will not rely in any way whatsoever: (1) on House Fly conducting a Background Check (or on House Fly updating or conducting a supplemental, subsequent, or additional Background Check) on any Service Provider; (2) on any Background Check information made available to you; or (3) on House Fly taking any action to remove, suspend, or cancel any Service Provider’s access to or use of the House Fly Platform (whether to connect with you, to form a Services Contract with you, or to do anything with you). The foregoing applies even (a) when you look for or consider any Listed Services or a Service Provider; (b) when you enter into a Services Contract; or (c) at any other time when you use or access the House Fly Platform.

The term “Background Check,” in addition to its ordinary meaning, means checking, investigating, reviewing, determining, confirming, or verifying any qualifications, licenses, credentials, permits, certifications, Health Profile, Health Protocols, criminal history, litigation history, bankruptcy history, knowledge, education, training, experience, competency, credit, or other relevant criteria.

House Fly does not currently perform criminal background checks on Service Providers as part of the standard signup flow. House Fly reserves the right to do so at any time in its sole discretion, but assumes no obligation to do so to you or anyone else.

3.9 Customer Responsibilities at the Subject Home/Property

As a condition of booking through the Platform, you represent, warrant, and agree that you will:

(a) Secure pets: restrain, isolate, or remove any pets, animals, or aggressive dogs from the work area during the Service Provider’s visit;

(b) Secure valuables: remove or secure all cash, jewelry, firearms, medications, controlled substances, sensitive documents, and other valuables from the work area prior to the Service Provider’s arrival;

(c) Supervise minors: ensure that no unsupervised minors under the age of 13 are present in the work area during the Service Provider’s visit;

(d) Disclose hazards: disclose in advance any known hazards at the Subject Home/Property, including without limitation lead paint, asbestos, mold, structural defects, faulty wiring, gas leaks, contagious or infectious illness in the household, recent biohazard or hoarding conditions, firearms storage, and any restricted areas;

(e) Provide access and utilities: provide reasonable access to the work area and functional water, power, and HVAC as required for the booked service;

(f) Disclose pre-existing damage: photograph and disclose any pre-existing damage to the work area prior to the Service Provider’s arrival; House Fly and the Service Provider are not liable for pre-existing damage you fail to disclose;

(g) Comply with HOA, lease, condo, and landlord restrictions: confirm that the booked service is permitted under any applicable HOA, condo, lease, or landlord rules and obtain any required approvals before booking;

(h) Authorize all entry: ensure that all individuals at the Subject Home/Property during the Service Provider’s visit have authorized the visit and the work to be performed;

(i) Confirm permitting: confirm whether any governmental permits are required for the booked service and obtain such permits before work commences;

(j) Maintain insurance: maintain homeowners or renters insurance covering damage to your property; you agree that your insurance is the primary coverage for any damage to the Subject Home/Property;

(k) Drone-related services: if you book any service involving drone overflight (including without limitation Photo & Marketing services), you represent that you have the right and authority to authorize drone overflight at the Subject Home/Property and that the Subject Home/Property is not in restricted airspace;

(l) No discriminatory selection: you will not request services on the basis of any protected class of the Service Provider; House Fly may cancel any booking that reflects discriminatory selection criteria;

(m) No harassment: any harassment, threat, abuse, or unlawful conduct toward a Service Provider may result in immediate Account termination and reporting to law enforcement.

You expressly indemnify the House Fly Group and the Service Provider for any claim, demand, loss, liability, or damage arising from your breach of the foregoing representations and warranties.

3.10 Subject Home/Property Representations

As to each home, residence, premise, building, fence, structure, land, landscaping, site or other property on which or for which any goods or services are to be provided by a Service Provider in or under a Services Contract that you make with that Service Provider (the “Subject Home/Property”), you also represent and warrant: (a) that you are a lawful owner, tenant, lessee or occupant thereof; (b) that you have all necessary power, authority and right to make said Services Contract with respect to said Subject Home/Property; (c) that you have all necessary power, authority and right to make, or have made, the repairs, maintenance, renovations, improvements, demolitions, constructions, installations, changes, modifications or other work (collectively, “Repairs & Work”) to the Subject Home/Property as such Repairs & Work are described in, or otherwise required by, said Services Contract; (d) that, except for any permits required from governmental authorities, you have obtained and hold all necessary consents, approvals, waivers, permissions and other authorizations from any and all third parties (including, without limitation, any mortgage companies, lien-holders, financial institutions, co-owners, joint owners, landlords, lessors, roommates, or other Persons); (e) that your entering into, executing and otherwise performing said Services Contract is not in conflict with, and is not inconsistent with, any agreement, contract, commitment or other undertaking which you have made or will make; and (f) that the Subject Home/Property is entirely located within the United States of America.

3.11 Hazardous Materials Acknowledgment

If the Subject Home/Property contains asbestos, lead paint, mold, biohazard, or other regulated hazardous materials, you are solely responsible for disclosing this in advance. House Fly and the Service Provider are not liable for harm caused by undisclosed hazardous materials, and you indemnify the House Fly Group and the Service Provider for any claim arising from your failure to disclose.

3.12 Photos, Media, and Illustrations (No Reliance)

Service listings and Platform pages may display photos, illustrations, or example images for informational or marketing purposes. Such media are not guaranteed to depict the work, staff, equipment, premises, or results of any specific Service Provider or job. Images may be stock, illustrative, or AI-generated; they may also be supplied by third parties or sourced from public materials. Do not rely on photos or illustrations as assurances of workmanship, licensing, insurance, or results. You should base your booking decisions on the written job description, estimate, and any qualifications House Fly communicates. Nothing in any photo or media constitutes a warranty, guarantee, representation, or endorsement by House Fly.

3.13 Property Management Services — Coming Soon

House Fly intends to offer property management services in the future (including without limitation tenant placement, rent collection, maintenance coordination, escrow/trust accounting, and adverse-action notices). Terms specific to property management — including a separate Property Management Agreement, applicable state-specific real-estate-licensing disclosures, and additional tenant/applicant data-handling terms — will be added to these Terms of Service at or before launch. No property management services are offered through the Platform as of the Last Updated date of these Terms of Service.

3.14 General Disclaimers (Sections 3 Continued)

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION WHATSOEVER TO YOU TO KNOW, REVIEW, MONITOR, OBSERVE, VERIFY, DETERMINE, TEST, AUDIT OR CONFIRM ANYTHING ABOUT ANY SERVICE PROVIDER OR THEIR SERVICES.

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE HOUSE FLY PLATFORM IS A CLOUD-BASED SERVICES APPLICATION THAT FACILITATES A MEDIUM THROUGH WHICH YOU CAN ARRANGE WITH SERVICE PROVIDERS TO PROVIDE LISTED SERVICES.

YOU UNDERSTAND AND AGREE THAT: – HOUSE FLY IS NOT AND DOES NOT INTEND TO BE IN THE BUSINESS OF PROVIDING LISTED SERVICES; – HOUSE FLY DOES NOT ACT IN ANY WAY AS A SERVICE PROVIDER; – HOUSE FLY DOES NOT ENDORSE, REVIEW, RANK, RATE, COMMENT ON OR PROVIDE FEEDBACK ON ANY SERVICE PROVIDER; – HOUSE FLY IS NOT A PARTY TO ANY SERVICES CONTRACT OR ANY OTHER CONTRACT YOU MAY ENTER INTO WITH A SERVICE PROVIDER.

HOUSE FLY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER ABOUT (AND HEREBY DISCLAIMS AND IS NOT RESPONSIBLE FOR): the profiles, listings, statements, availability, calendar, performance, qualifications, licensing, insurance, bonding, criminal history, character, workmanship, or fitness of or about Service Providers; the truth, accuracy, or completeness of any profiles, listings, statements, or other information about Service Providers; the quality, safety, condition, or features of Listed Services or any work performed; the price or terms quoted by Service Providers; or any other aspect of Service Provider performance.

YOU UNDERSTAND, ACKNOWLEDGE, ACCEPT AND AGREE THAT HOUSE FLY DOES NOT RESTRICT ANY SERVICE PROVIDER IN ANY WAY FROM WORKING FOR (1) YOU OUTSIDE THE HOUSE FLY PLATFORM, OR (2) OTHER CUSTOMERS OR PERSONS, BUT NOTE THE NON-CIRCUMVENTION OBLIGATIONS IN SECTION 4.

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT USING THE HOUSE FLY PLATFORM DOES NOT GUARANTEE, ASSURE OR OTHERWISE MEAN ANY SPECIFIC OUTCOME, SERVICE QUALITY, OR SERVICE PROVIDER BEHAVIOR.

HOUSE FLY, TO THE FULLEST EXTENT PERMITTED BY LAW, IS (1) NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU, ANY OTHER CUSTOMERS OR ANY SERVICE PROVIDERS; AND (2) ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CLAIM OR DAMAGES ARISING FROM SUCH CONDUCT.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE, ACQUIT AND FORGIVE ALL OF THE HOUSE FLY GROUP FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE BETWEEN YOU AND ANY SERVICE PROVIDER OR ANY OTHER CUSTOMER.

The foregoing does not affect any warranties, if any, which cannot be excluded or limited under applicable law.

4. PROHIBITIONS

You represent, warrant, and agree that you will not:

• Use an Account of any Other Customer;
• Misrepresent yourself through the House Fly Platform, misrepresent your identity or qualifications, misrepresent a project, job, work, renovations, constructions or other information in a quote request or other request or in any Services Contract;
• Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the House Fly Platform for any purpose;
• Use any manual process to monitor or copy any of the material on the House Fly Platform or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the House Fly Platform;
• Introduce any viruses, trojan horses, worms, logic bombs, malware or other material which is malicious or technologically harmful to House Fly, Service Providers, or Other Customers;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the House Fly Platform, the servers on which the House Fly Platform is stored, or any server, computer or database connected to the House Fly Platform;
• Attack the House Fly Platform via a denial-of-service attack or a distributed denial-of-service attack;
• Take any other action that may unreasonably encumber the House Fly Platform’s infrastructure;
• Use or access the House Fly Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
• Use or access the House Fly Platform in any manner that circumvents your obligation to pay House Fly;
• “Sell” any “personal information” (as such terms are defined by the California Consumer Privacy Act);
• Collect, harvest, or publish any personally identifiable data from the House Fly Platform;
• Take any inappropriate or unlawful actions including the submission of harassing, hateful, illegal, profane, obscene, threatening, or discriminatory content;
• Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
• Use the House Fly Platform to make any employment, credit, underwriting or similar decision about a Service Provider or any other Person;
• Fail to pay for Listed Services purchased by you as promised;
• Engage in any fraudulent or deceptive conduct, or engage in any unfair trade practices;
• Solicit Service Providers to use any payment methods other than the Billing and Fee Structure;
• Request or otherwise negotiate a price for a Listed Service with no intention of following through;
• Agree to purchase a Listed Service when you do not meet a Service Provider’s requirements;
• Use the House Fly Platform to connect with Service Providers to engage them for any Excluded Services;
• Undertake any activity inconsistent with the business or purpose of the House Fly Platform;
• Attempt to do anything in furtherance of any of the foregoing.

4.1 Non-Circumvention

For a period of twelve (12) months following your most recent Platform-booked service with a particular Service Provider, you agree that you will not (i) directly or indirectly engage that Service Provider for the same or substantially similar services outside the Platform, or (ii) solicit that Service Provider to perform services for you outside the Platform. If you engage a Service Provider off-Platform in violation of this Section, you agree to pay House Fly, as liquidated damages and not as a penalty, an amount equal to one and one-half times (1.5×) the Customer Facilitation Fee that would have been earned on the off-Platform engagement, or five hundred dollars ($500), whichever is greater. You acknowledge that actual damages from off-Platform engagement are difficult to calculate and that the liquidated damages amount is a reasonable estimate of the harm. This Section does not prohibit you from independently engaging a Service Provider you knew before using the Platform.

5. INTELLECTUAL PROPERTY

5.1 House Fly Proprietary Property

“Intellectual Property,” in addition to its ordinary meaning, includes patents, trade secrets, trademarks, copyrights and other proprietary rights, as well as all applications and rights to apply for such things and all rights to renew, maintain, defend and enforce such things. The term HOUSE FLY is a tradename, trademark and service mark of House Fly and makes up part of the “House Fly Marks” (which term describes all of our registered and unregistered trademarks, service marks, logos, designs, slogans, brands, brand names, trade dress and trade names). “House Fly Content” refers to any works of authorship or other content which we own or license, including but not limited to our brochures, policies, procedures, protocols, videos, services, text, or other information.

The term “House Fly Proprietary Property” describes any or all of (as well as the Intellectual Property rights to) the House Fly Marks, House Fly Content, and our House Fly Platform. We and/or our licensors (and not you) own the House Fly Proprietary Property.

By establishing an Account and fully complying with these Terms of Service, we grant you a personal, revocable, limited, non-exclusive, non-transferable license to access and use the House Fly Platform (“House Fly License”). Your strict compliance with these Terms of Service is a condition of the House Fly License. We may limit, suspend or terminate your House Fly License (as well as your Account or any access to the House Fly Platform) at any time without notice if you do not so comply. We may, at any time, Modify the availability of House Fly Content or other House Fly Proprietary Property.

Unless otherwise expressly stated, we do not grant you any license or right to: (A) modify or distribute the House Fly Proprietary Property; (B) remove or alter any copyright, trademark or other proprietary notices; (C) operate a website displaying any of it; (D) use it for any unauthorized, criminal, fraudulent or illegal purpose; (E) interfere with the proper functioning of it; (F) interfere with any Service Provider or Other Customer’s lawful access; (G) interfere with our operation or management of it; (H) interfere with security or privacy functions; (I) interfere with license management functions; or (J) contest the ownership, validity or enforceability of our Intellectual Property.

5.2 User Ratings and Contributions

The House Fly Platform may provide a means for you and Other Customers to endorse, review, rate, rank, comment on or provide feedback on Service Providers, their Listed Services, or their performance (collectively, “User Contributions”). At any time, House Fly may alter, change, or remove the means by which User Contributions are submitted or displayed. House Fly may take any action voluntarily and in good faith to restrict access to or availability of User Contributions that violate these Terms of Service or that House Fly considers objectionable. House Fly has no obligation to exercise such right.

You acknowledge that House Fly has the right (but not the obligation) to permit Service Providers to comment on you, your performance under Services Contracts, or site conditions at the Subject Home/Property (“Service Provider Commentary”). You have no right to access, remove, or modify such Service Provider Commentary; House Fly may allow it to be accessed by other Service Providers or Persons.

5.3 Data Rights

If your Account is terminated for any reason, you will no longer have access to data, metadata, messages, files, communications, documents, or other information about you, your Services Contracts, your use of the Platform, or any other information stored on the Platform (collectively “Account Data and Usage Information”). Termination may involve deletion of any or all Account Data and Usage Information, for which House Fly has no liability. House Fly may retain and process personal information as described in the Privacy Policy.

5.4 IP Rights Infringement Reporting Policy

If you believe your IP rights have been infringed by content on the Platform, send a written notice by certified mail, postage prepaid and return receipt requested (“US Mail CM/RRR”) to:

House Fly Home Services, Inc. ATTN: IP Rights Infringement 7041 Canal Blvd. Ste 504 New Orleans, LA 70124

with a copy emailed to Legal@HouseFly.com.

Your notice should include: a description of the copyrighted work; a description of the infringing material and its location; your contact information; a statement that you have a good faith belief that the disputed use is not authorized; a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We will review all notices and take appropriate action. It is our policy to terminate the access rights of repeat infringers.

6. BILLING AND FEE STRUCTURE

6.1 Payment in Advance, Acknowledged Completion and Other Payment Matters

The House Fly Platform facilitates payments between you and Service Providers through one or more third-party payment processors, acquiring banks, card networks, digital wallet providers, peer-to-peer services, and other financial institutions (collectively, “Payment Processors”). House Fly may enable you to make payments using credit/debit/prepaid cards, ACH or similar bank transfers, PayPal, Apple Pay, Venmo, Cash App, or other supported methods.

House Fly is not a party to the Services Contract and is not your agent for handling funds; to the extent any amount is received by House Fly or a Payment Processor in connection with the job, House Fly receives such funds in a limited capacity as a payments agent for the Service Provider and/or for bill settlement on the Platform.

You are obligated to pay, in advance, amounts due for Listed Services scheduled or purchased through the Platform and the Customer Facilitation Fee. Your payment method will be charged for the Services Contract amount plus the Customer Facilitation Fee. Your funds (less the Customer Facilitation Fee and the Service Provider Booking Fee) will be held in a custodial or settlement account maintained by House Fly or by a Payment Processor for transaction administration until Acknowledged Completion of the Listed Services.

YOU UNDERSTAND AND AGREE: (A) THAT YOU HAVE NO RIGHT, CLAIM OR INTEREST WHATSOEVER IN OR TO THAT BANK ACCOUNT; AND (B) THAT NEITHER YOU NOR THE SERVICE PROVIDER ARE ENTITLED TO ANY INTEREST ON FUNDS HELD BY HOUSE FLY GROUP. ANY INTEREST ACCRUED IS OWNED BY HOUSE FLY GROUP.

Authorizations, Holds, and Partial Captures. You authorize House Fly (or our Payment Processors) to place holds or authorizations on your payment method in the amount of the estimate (including the then-applicable tolerance) plus taxes/fees, and to partially capture or incrementally adjust the authorization as the job scope, time, or materials change, including within the tolerance described in Section 3.3 (Pro Match / Concierge Booking; Estimated Pricing). If an authorization or hold expires before final capture, you authorize us to re-authorize or re-debit the same method or any backup method on file.

Stored Credentials; Tokenization; Default Payment Method. You authorize House Fly and our Payment Processors to store and re-use your payment credentials for current and future transactions, adjustments, add-ons, tips, and any amounts you owe under these Terms.

Tips; Add-Ons; Overages; Refunds. You may authorize tips, add-ons, parts, materials, disposal, or other line-items. We may capture such amounts together with the base charge or as separate transactions. Refunds are made to the original payment method unless required by law to use another method.

Chargebacks, Reversals, Returns, and Collections. If you dispute a charge, instruct your bank or wallet to reverse a payment, or your payment otherwise fails, you remain responsible for the underlying amount and any fees, fines, penalties, or costs imposed on House Fly or a Service Provider. You authorize us to re-present transactions, submit evidence, and re-debit the same or any other method on file to collect the amount due. We may charge a reasonable administrative fee for processing disputes or retrievals and may assign the claim to a collection agency and report delinquency consistent with law.

Reserves; Setoff; Negative Balances. To manage risk, House Fly may maintain a reserve or hold on funds; delay, limit, or reverse settlement; or require a different payment method. We may set off or net any amounts you owe against funds otherwise payable to you, and we may debit any payment method on file for negative balances or chargeback losses.

Identity; Sanctions; Compliance. You agree to provide accurate information and to comply with any identity verification, KYC/AML, or other compliance checks we or our Payment Processors require. We may cancel or reverse any transaction that appears unauthorized, illegal, or high-risk.

Our Right to Refuse or Cancel. House Fly may refuse, delay, or cancel a transaction, or require an alternative method, for any reason consistent with these Terms.

Acknowledged Completion occurs as follows: (1) after the Service Provider notifies House Fly that the Listed Services have been completed, House Fly will notify you through the Platform and/or send you an email (the “Completion Email”); and (2) if, within 48 hours of House Fly sending that Completion Email to you, House Fly has not received from you a submitted “Payment Dispute” (a “Disputed Reply”), House Fly will pay the Service Provider (less the Service Provider Booking Fee). If you fail to submit a Payment Dispute within 48 hours, you bear the responsibility and loss of the Remaining Funds. House Fly has no obligation to confirm, determine, investigate or otherwise verify whether the Service Provider has performed the Listed Services.

6.2 Recurring Services and Auto-Renewal Disclosure

If a Listed Service is for a Recurring Service, you must keep a valid payment method on file. You are obligated to pay, in advance, for the first episode when the Service Contract is made. Each subsequent episode is a separate Services Contract.

A “Recurring Service” is a Listed Service that recurs for each Recurring Period during the term of that Listed Service. A “Recurring Period” means weekly, bi-weekly or monthly unless a different period is specified.

When you book a Recurring Service, you acknowledge and agree that:

(a) Auto-renewal: the Recurring Service will renew on each Recurring Period until you cancel through the Platform or by contacting Help@HouseFly.com;

(b) Charges: your payment method on file will be charged in advance of each Recurring Period for the then-current price of the service plus the Customer Facilitation Fee;

(c) Price changes: House Fly may change the price of the Recurring Service or the Customer Facilitation Fee on at least thirty (30) days’ notice; if you do not cancel before the next Recurring Period begins, you accept the new price;

(d) Cancellation: you may cancel a Recurring Service at any time through your Account on the Platform, by email to Help@HouseFly.com, or by reply SMS to a Recurring Service confirmation; cancellation takes effect for the next Recurring Period (the current upcoming episode is not cancellable once within 24 hours of start time, per Section 6.3);

(e) Acknowledgment after charge: following each charge for a Recurring Service, House Fly will send you a confirmation email or SMS describing the charge and how to cancel future episodes;

(f) California, New York, Oregon, Vermont, and DC residents: to the extent state-specific automatic renewal laws apply, House Fly will comply with those laws including any additional disclosures, cancellation methods, and acknowledgment requirements.

6.3 Cancellation

Service Provider Cancellation Fee — Each Service Provider may include a Cancellation Fee in their Listed Services. The Service Provider Cancellation Fee only applies when a Customer cancels within 24 hours of scheduled start time.

Completed Services — Once a Service Provider confirms completion, neither party may cancel.

Service Provider Tip — Tips are not collected when a service is canceled by either party.

Warranty — All warranties are voided when a service is canceled by either party.

Specific cancellation rules apply both before and after the scheduled start time. The Cancellation Fee schedule and percentage-of-work-completed rules apply as previously specified. Cancellation of two or more scheduled appointments within a thirty (30)-day period is a violation of these Terms and may result in suspension or deactivation of your Account.

6.4 Dispute

House Fly’s internal dispute review is administrative and non-binding for funds-administration purposes only; binding dispute resolution is governed exclusively by Section 10.

To resolve any Payment Disputes, you should first attempt to contact the other party through the Platform. If unresolved, you may submit a Payment Dispute through the Platform by accessing the completed jobs section and selecting “Dispute Service.” You must provide dispute information and at least one photo. Payment Disputes must be submitted on time through the Platform.

Three types of Payment Disputes may be submitted: – Service Provider Canceled — partial-payment dispute, 48 hours from cancellation – Customer Canceled — refund-amount dispute, 48 hours from cancellation – Service Completed — full-payment dispute, 48 hours from completion

After submission, House Fly will hold all funds and attempt to facilitate resolution. Disputes may take up to 30 days or more. Failure to cooperate may result in account restrictions. Funds are released after resolution. If you disagree with House Fly’s resolution, you retain rights with your local legal system or financial provider.

When a Customer disputes a service, they may submit a Payment Dispute OR dispute the charge through their issuing provider, but not both. If you initiate a card, ACH, or wallet dispute while a Platform dispute is open, you authorize House Fly to close the Platform dispute and proceed administratively.

6.5 Job Photos & Record Evidence (Privacy-Safe)

You permit House Fly and the matched Service Provider to capture non-sensitive job photos and records that reasonably document the condition of the work area before, during, and after the job, solely for booking, quality assurance, and dispute handling. Faces and personal identifiers should be avoided or blurred when feasible. Use and retention are governed by the Privacy Policy.

6.6 Tiered Customer Facilitation Fee Structure

House Fly charges the following Customer Facilitation Fees on Listed Services:

• Less than $500 = 9.99%
• $500 to $2,500 = 8.99%
• More than $2,500 = 7.99%

House Fly fees may be subject to change at any time. Where there are multiple Listed Services or Recurring Services, House Fly has the right to select and apply one or more tiers as House Fly elects.

6.7 Warranty

The House Fly Platform does not provide any warranty or guarantee for the services provided by any Service Provider. Service Providers may, at their sole discretion, offer their own warranties; such warranties are solely between the Service Provider and you. House Fly does not endorse, guarantee, or assume responsibility for any warranty made by a Service Provider. Any warranty disputes are solely between the Service Provider and you, and House Fly shall have no liability or obligation to resolve such disputes.

7. DISCLAIMER OF WARRANTIES AND OTHER DISCLAIMERS AND ALLOCATIONS OF RISK

7.1 Assumption of Risk (Independent Contractors)

ENGAGING ANY INDEPENDENT SERVICE PROVIDER INVOLVES INHERENT RISKS, INCLUDING PROPERTY DAMAGE AND PERSONAL INJURY. WHILE HOUSE FLY SELECTS THE SERVICE PROVIDER FOR YOU UNDER THE PRO MATCH MODEL, YOU EXPRESSLY ASSUME THE RISK OF SERVICE PROVIDER PERFORMANCE, INCLUDING THE RISK THAT THE DISPATCHED SERVICE PROVIDER MAY NOT BE IDENTITY-VERIFIED. YOU ARE RESPONSIBLE FOR COMMUNICATING ANY SPECIAL CIRCUMSTANCES OR HAZARDS. THE SERVICE PROVIDER—NOT HOUSE FLY—IS SOLELY RESPONSIBLE FOR THE WORK AND SAFETY PRACTICES.

7.2 No Data Warranties

YOU UNDERSTAND THAT WE DO NOT GUARANTEE, WARRANT OR REPRESENT THAT FILES AVAILABLE FROM THE INTERNET OR THE HOUSE FLY PLATFORM WILL BE FREE OF VIRUSES, MALWARE OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR ANTI-VIRUS PROTECTION AND DATA BACKUP.

HOUSEFLY IS NOT RESPONSIBLE FOR MAINTAINING, STORING OR BACKING UP YOUR RECORDS. WE ARE NOT LIABLE FOR ANY LOSS DUE TO DDoS ATTACKS, VIRUSES, MALWARE, OR DESTRUCTIVE CODE.

7.3 As-Is, As-Available

YOUR USE OF THE HOUSE FLY PLATFORM, ITS CONTENT, AND ANY LISTED SERVICES OR SERVICES CONTRACT IS AT YOUR OWN RISK. THE HOUSE FLY PLATFORM AND ANY LISTED SERVICES ARE PROVIDED ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NO STATEMENT OUTSIDE THE FOUR CORNERS OF THESE TERMS OF SERVICE MAY BE RELIED UPON OR ENFORCED.

NEITHER HOUSE FLY NOR ANY OF THE HOUSE FLY GROUP MAKES OR GIVES ANY WARRANTY OR REPRESENTATION WHATSOEVER FOR OR WITH RESPECT TO (AND HOUSE FLY HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, FOR OR WITH RESPECT TO) THE COMPLETENESS, SECURITY, PRIVACY, RELIABILITY, QUALITY, CONDITION, FEATURES, FUNCTIONALITY, SUITABILITY, UTILITY, USEFULNESS, SAFETY, TRUTH, ACCURACY, PERFORMANCE OR AVAILABILITY OF THE HOUSE FLY PLATFORM OR OF ANY LISTED SERVICES OR SERVICES CONTRACTS.

WITHOUT LIMITING THE FOREGOING, HOUSE FLY DOES NOT REPRESENT OR WARRANT: – THAT THE HOUSE FLY PLATFORM WILL BE ACCURATE, RELIABLE, USEFUL, SAFE, AVAILABLE, ERROR-FREE OR UNINTERRUPTED; – THAT DEFECTS, BUGS, GLITCHES, INACCURACIES OR ERRORS WILL BE CORRECTED; – THAT THE PLATFORM IS FREE OF VIRUSES, MALWARE, OR HARMFUL CODE; OR – THAT THE PLATFORM OR ANY LISTED SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS.

YOU ARE FULLY RESPONSIBLE FOR THE RESULTS OBTAINED FROM USING THE HOUSE FLY PLATFORM OR ANY LISTED SERVICES.

HOUSE FLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING: – WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE; AND – WARRANTIES THAT ANY WORK PERFORMED BY ANY SERVICE PROVIDER WILL BE STABLE, DURABLE, WORKMANLIKE, FUNCTIONAL, SAFE, CODE-COMPLIANT, OR PERFORMED BY QUALIFIED, LICENSED, SKILLED, COMPETENT, TRAINED, EXPERIENCED, OR HEALTHY CONTRACTORS; OR FREE FROM DEFECTS.

HOUSE FLY DOES NOT PROVIDE LEGAL ADVICE OR CREATE ANY ATTORNEY-CLIENT, PROFESSIONAL, OR FIDUCIARY RELATIONSHIP THROUGH THE PLATFORM.

7.4 Waiver of Subrogation

To the fullest extent permitted by law and by your insurance carrier, you waive — and you agree to require your insurance carriers to waive — all rights of subrogation against the House Fly Group for any loss covered by your homeowners, renters, or other property insurance arising out of or relating to any Services Contract, Service Provider performance, or use of the Platform. You agree that your property insurance shall be primary as to any loss to the Subject Home/Property.

8. LIMITATIONS ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY OF THE HOUSE FLY GROUP BE LIABLE FOR LOSSES, LIABILITIES OR DAMAGES OF ANY KIND WHATSOEVER, UNDER ANY LEGAL THEORY WHATSOEVER, BASED ON, CAUSED BY, ARISING OUT OF, CONCERNING, RELATING TO OR IN CONNECTION WITH ANY ONE OR MORE OF THE FOLLOWING:

• YOUR USE OF OR ACCESS TO THE HOUSE FLY PLATFORM OR ANY WEBSITE LINKED TO IT;
• DEFECTIVE, FAULTY, FLAWED, INCOMPLETE, INCORRECT, SHODDY, ERRONEOUS, UNSAFE, DELAYED, OR OTHERWISE FAILED LISTED SERVICES OR PERFORMANCE OF ANY SERVICES CONTRACT;
• ANY LISTED SERVICES, SERVICES CONTRACT, OR OTHER GOODS OR PRODUCTS OFFERED, QUOTED, DELIVERED, OR PROCURED THROUGH THE HOUSE FLY PLATFORM;
• ANY IMPACT ON YOUR USE OF THE PLATFORM, REPAIR OR MAINTENANCE OF THE SUBJECT HOME/PROPERTY, OR ANY OTHER ACTIVITY DUE TO CHANGES TO THESE TERMS OF SERVICE.

INCLUDING, WITHOUT LIMITATION, NOT BEING LIABLE FOR ANY DIRECT, INDIRECT, FORESEEABLE, UNFORESEEABLE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, BODILY INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF USE, LOSS OF GOODWILL, BREACH OF PRIVACY OR SECURITY, OR DATA LOSS) AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, FAULT, ERRORS, OMISSIONS, OR ANY DELICTUAL MATTER), QUASI-CONTRACT, REDHIBITION, RELIANCE, UNJUST ENRICHMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE TERM “YOU AND YOUR INTERESTS” MEANS COLLECTIVELY: (1) YOU; (2) IF THE CUSTOMER IS AN INDIVIDUAL, YOUR IMMEDIATE FAMILY; (3) IF THE CUSTOMER IS AN ENTITY, YOUR PRINCIPALS AND EMPLOYEES; (4) ALL PERSONS WHO RESIDE AT OR OCCUPY THE SUBJECT HOME/PROPERTY; AND (5) ALL OF YOUR GUESTS OR INVITEES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HOUSE FLY GROUP TO YOU AND YOUR INTERESTS FOR ALL DEMANDS, ACTIONS OR CLAIMS WHATSOEVER (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, QUASI-CONTRACT, REDHIBITION, RELIANCE, UNJUST ENRICHMENT, STATUTE, OR OTHERWISE) ARISING OUT OF THE HOUSE FLY PLATFORM, LISTED SERVICES, SERVICES CONTRACTS, OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO HOUSE FLY FOR ACCESS TO AND USE OF THE HOUSE FLY PLATFORM IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. EACH PROVISION OF THESE TERMS OF SERVICE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

For the avoidance of doubt, the exclusion for amounts paid to Service Providers applies only to House Fly’s obligation to remit funds it actually received and held; it does not waive or expand the liability cap with respect to any tort, statutory, or other claim against the House Fly Group. The cap applies to the aggregate of all related claims.

9. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the House Fly Group from and against any and all claims, demands, suits, investigations, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, without limitation, reasonable attorneys’ fees, investigatory fees and expert fees) based on, caused by, due to, arising out of, concerning or relating to any one or more of the following:

(a) your actions or inactions which allow, permit, or do not stop a Person who is not you from using or accessing all or any part of your Customer Profile;

(b) your actions or inactions which allow, permit, or do not stop a Person who is not you from using or accessing all or any part of your Account;

(c) any endorsement, review, ranking, rating, comment, feedback, or other material that you, or any Person using or accessing your Account, creates or makes available through the House Fly Platform;

(d) any defamation, libel, slander, or injury to reputation claim due to or caused by You and Your Interests;

(e) any violation of copyright, trademark, patent, unfair competition, or other proprietary or intellectual property rights due to or caused by You and Your Interests;

(f) your using or accessing the House Fly Platform to seek, schedule, book or otherwise obtain any Excluded Services;

(g) your violation of, breach of, or failure to perform, observe, or satisfy any of your obligations in or arising under any Services Contract or other agreements that you make with a Service Provider;

(h) your anticipated or threatened violation of, breach of, or failure to perform, observe, or satisfy any of your obligations in or arising under any Services Contract or other agreements that you make with a Service Provider;

(i) your violation of, breach of, or failure to perform, observe, or satisfy any of your obligations in, or arising under, these Terms of Service;

(j) your anticipated or threatened violation of, breach of, or failure to perform, observe, or satisfy any of your obligations in, or arising under, these Terms of Service;

(k) any violation or failure to comply with any federal, state, or local law, regulation, rule, ordinance, order or decree by You and Your Interests;

(l) any anticipated or threatened violation or failure to comply with any federal, state, or local law, regulation, rule, ordinance, order or decree by You and Your Interests;

(m) any negligence, fault, willful misconduct, or fraud by You and Your Interests;

(n) any breach by you of the Customer Responsibilities described in Section 3.9 (including without limitation failure to secure pets, valuables, or minors; failure to disclose hazards, pre-existing damage, or HOA/landlord restrictions; failure to maintain insurance);

(o) any bodily injury, property damage, or other harm to or by any Service Provider, any of your guests, invitees, family members, or co-occupants at the Subject Home/Property, or any pet or animal at the Subject Home/Property;

(p) any claim that House Fly is the employer, joint employer, or agent of any Service Provider with respect to work performed for you;

(q) any claim by a Service Provider against you arising from your conduct at the Subject Home/Property, including without limitation harassment, discrimination, assault, refusal of access, or failure to disclose hazards;

(r) any claim by a third party (including without limitation your neighbors, HOA, landlord, or co-owners of the Subject Home/Property) arising from a booked service, including drone overflight, noise, debris, parking, or trespass;

(s) your breach of the Non-Circumvention obligation in Section 4.1;

except to the extent finally determined to arise solely from House Fly’s gross negligence or willful misconduct. Nothing in this Section limits any non-waivable consumer rights under applicable law.

10. MANDATORY, BINDING ARBITRATION AND NO CLASS ACTION

10.1 Governing Law

These Terms of Service, the formation of any Services Contract under or through the Platform, and any dispute arising out of, relating to, or in connection with these Terms of Service or the Platform shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Notwithstanding the foregoing, federal law (including the Federal Arbitration Act, 9 U.S.C. §§1 et seq.) governs the interpretation and enforceability of this Section 10.

10.2 Contractual Limitations Period

To the fullest extent permitted by law, you agree that any claim, demand, action, or cause of action arising out of, relating to, or in connection with these Terms of Service, the House Fly Platform, any Services Contract, any Service Provider, or any use of or access to the Platform must be commenced (whether by filing an arbitration demand, by filing suit in a court of competent jurisdiction, or by filing a small-claims action) within ONE (1) YEAR after the cause of action accrues, regardless of any longer statutory limitations period that would otherwise apply. Any claim not commenced within one year is permanently barred. This shortened limitations period does not apply where prohibited by non-waivable state law (in which case the shortest period permitted by such law applies).

10.3 Scope of Arbitration

The term “HOUSE FLY MATTERS” means, collectively, each of the following: (a) the House Fly Platform (including your Customer Profile, your Account, any Listed Services, Excluded Services, Service Providers, Services Contracts or any access to, use of, or termination of any of the foregoing); (b) any goods, services, labor, products, or items offered, listed, purchased, sold, quoted, obtained, agreed to be delivered, or delivered through the House Fly Platform; (c) House Fly Proprietary Property; (d) these Terms of Service; or (e) any violation of any federal, state, or local law, regulation, rule, ordinance, order or decree where such violation involves any of subparts (a) through (d).

Any claim, dispute, or controversy between or among: (1) you and a Service Provider; (2) you and House Fly (and any of the House Fly Group you name as Others Named In House Fly Group); or (3) you, a Service Provider, and House Fly — based on, arising out of, relating to, or in connection with, directly or indirectly, HOUSE FLY MATTERS, or the formation, performance, breach, termination, or interpretation of HOUSE FLY MATTERS, whether based on contract, tort (including negligence), quasi-contract, redhibition, reliance, unjust enrichment, statute, fraud, misrepresentation, or any other legal theory (collectively, “Disputed Claims,” which include any claim about the scope of this arbitration agreement) may first be submitted to House Fly’s legal department at Legal@HouseFly.com.

If unresolved through House Fly’s legal department or if any party elects not to first submit there (or withdraws), the Disputed Claims shall be settled by binding, final, non-appealable arbitration in accordance with the Commercial Rules of the American Arbitration Association as modified below for discovery and as also modified by not including Rule R-38 (Emergency Measures of Protection) (collectively, the “Modified Commercial Rules”) and, to the extent not inconsistent therewith, the Federal Arbitration Act (9 USC §§ 1 et seq.).

10.4 Arbitration Procedure

The arbitration shall be held in New Orleans, Louisiana. Judgment by the arbitration panel may be entered by any court having jurisdiction.

Notwithstanding any rules of the Commercial Rules, the arbitration shall be conducted with no discovery (no interrogatories, no requests for production, no inspections, no depositions, no requests for admissions, and no other forms of discovery). The parties shall name witnesses and exchange exhibits (including, if allowed by the arbitrators, expert reports) in advance of the hearing per the schedule established by the arbitrators. Only the Modified Commercial Rules shall govern discovery matters.

The arbitrators’ award shall be final, binding, and non-appealable. The award shall be a “simple” award (which may contain orders to perform but need not contain written reasons or findings of fact).

10.5 Class Action Waiver

To the fullest extent permitted under applicable law, Disputed Claims shall be brought solely by you as an individual and not as part of, or as a representative of, a class.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND HOUSE FLY AGREE THAT YOU MAY BRING DISPUTED CLAIMS AGAINST HOUSE FLY (AS WELL AS ANY OTHER OF THE HOUSE FLY GROUP) OR A SERVICE PROVIDER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND HOUSE FLY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT AND SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Small-Claims Court. Either party may bring qualifying claims in small-claims court in Orleans Parish, Louisiana (or your county of residence where required by law).

Public Injunctive Relief Carve-Out. Notwithstanding the foregoing, where required by non-waivable state law (including without limitation California’s McGill doctrine), a claim for public injunctive relief on behalf of the general public may be brought in court rather than in arbitration. Any such public-injunctive-relief claim shall be stayed pending the conclusion of arbitration on the underlying individual claims. The remainder of this arbitration agreement (including the individual-arbitration requirement for all other claims) remains fully enforceable.

10.6 Mass Arbitration Protocol

If 25 or more arbitration demands of a substantially similar nature are filed by or on behalf of the same plaintiffs’ counsel, plaintiffs’ law firm, or coordinated group of claimants against House Fly or any member of the House Fly Group within a 365-day period (a “Mass Arbitration Filing”), the following procedures shall apply notwithstanding anything to the contrary in the AAA Commercial Rules:

(a) Bellwether process. The first ten (10) demands shall proceed as bellwether arbitrations under the AAA Commercial Rules and shall be selected as follows: five (5) by House Fly and five (5) by the claimants’ counsel.

(b) Stay of remaining demands. All remaining demands in the Mass Arbitration Filing shall be stayed (and no filing or administrative fees shall be due from House Fly for the stayed demands) pending resolution of the ten bellwether arbitrations.

(c) Mediation following bellwethers. Following resolution of the ten bellwether arbitrations, the parties shall engage in a single mandatory mediation session with a neutral mediator selected jointly to attempt to resolve the remaining demands. Each side shall bear its own mediation costs.

(d) Resumption. If mediation does not resolve the remaining demands within 60 days, the remaining demands may resume in batches of no more than fifty (50) at a time, in the order they were originally filed, with House Fly’s filing fee obligation capped at the AAA Mass Arbitration Supplementary Rules’ then-current fee schedule.

(e) Election of court for mass tactics. If House Fly determines in its sole discretion that a Mass Arbitration Filing is being used as a coercive litigation tactic rather than as good-faith dispute resolution, House Fly may, at its election, withdraw consent to arbitration as to any or all demands in the Mass Arbitration Filing and require those claims to proceed in the Preferred Courts under Section 10.7, in which case the class action waiver shall continue to apply.

10.7 Joinder of Multiple Service Providers; Preferred Courts; Jury Waiver

While the scope of an arbitration may involve more than one Services Contract by the same Service Provider for you, the scope shall not expand to include any Services Contract of (or other jobs by) another Service Provider unless all parties agree in writing to joinder. Otherwise, a separate arbitration is required for each Service Provider.

If you file an arbitration demand against a Service Provider, you must name House Fly as a party.

The Twenty-Fourth Judicial District Court of the State of Louisiana as well as the United States District Court for the Eastern District of Louisiana (the “Preferred Courts”) shall have: (i) exclusive jurisdiction over any action to nullify, vacate, set aside, or contest the arbitrators’ award; and otherwise non-exclusive jurisdiction over enforcement actions; or (ii) if arbitration is not permitted by law, exclusive jurisdiction over all Disputed Claims not permitted to be arbitrated. You unconditionally submit to the jurisdiction and venue of the Preferred Courts and waive any objection on the grounds of lack of personal jurisdiction or inconvenient forum.

YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR, ARISING OUT OF, OR RELATED TO ANY AND ALL DISPUTED CLAIMS.

Except for remedies expressly provided for in these Terms of Service, the arbitration panel shall not be empowered to award damages in excess of actual damages and shall not be empowered to award punitive damages. Subject to the above, the arbitrators shall have the authority to require specific performance or impose other equitable relief, as well as to impose money damages and awards of attorneys’ fees to the prevailing party.

11. DEFINITIONS

• “Account” means the account you create in the House Fly Platform.
• “Account Data and Usage Information” has the meaning defined in Section 5.3.
• “Acknowledged Completion” has the meaning defined in Section 6.1. House Fly’s role as payments agent does not create any fiduciary duty to you and does not require House Fly to verify performance.
• “Affiliate” as to House Fly means each Person controlling, controlled by, or under common control with House Fly.
• “Background Check” has the meaning defined in Section 3.8.
• “Billing and Fee Structure” has the meaning defined in Section 6.
• “Claims” has the meaning defined in Section 10.
• “Commercial Rules” means the Commercial Rules of the American Arbitration Association.
• “Completion Email” has the meaning defined in Section 6.1.
• “Concierge Booking” has the meaning defined in Section 3.3 (synonym of Pro Match).
• “Customer” means you.
• “Customer Facilitation Fee” has the meaning defined in Section 6.6.
• “Dispute Resolution Services” means the administrative, non-binding dispute workflow accessible through the House Fly Platform for Payment Disputes.
• “Dispute Resolution Request” has the meaning defined in Section 6.4.
• “Disputed Claims” has the meaning defined in Section 10.
• “Disputed Reply” has the meaning defined in Section 6.1.
• “Entity” means a Person that is not an individual.
• “Excluded Services” has the meaning defined in Section 3 (services House Fly does not facilitate, including without limitation services that violate law or these Terms).
• “Health Profile” means physical health, mental health, sicknesses, diseases, vaccinations, medications, or any other health history or condition.
• “Health Protocols” means all protocols, procedures, or guidelines to minimize transmission of contagion or to promote a healthy workplace.
• “Homer” means House Fly’s AI-assisted booking and customer-service experience, available via chat (web and mobile app) and voice (telephone).
• “House Fly” means House Fly Home Services, Inc., a Delaware corporation, d/b/a House Fly.
• “House Fly App” has the meaning defined in Section 1.
• “House Fly Content” has the meaning defined in Section 5.1.
• “House Fly Group” means, collectively, House Fly and its Affiliates, as well as the officers, directors, agents, representatives, subsidiaries, employees, partners, owners, shareholders, members, managers, vendors, licensors, suppliers, successors, heirs, and assigns of House Fly or its Affiliates. The term House Fly Group does not include you or any Service Providers.
• “House Fly License” has the meaning defined in Section 5.1.
• “House Fly Marks” has the meaning defined in Section 5.1.
• “House Fly Matters” has the meaning defined in Section 10.3.
• “House Fly Platform” has the meaning defined in Section 1.
• “House Fly Proprietary Property” has the meaning defined in Section 5.1.
• “Identity Verification” means the process by which a Service Provider submits a government-issued photo ID and completes a selfie/liveness check via a third-party verification vendor at signup.
• “Listed Services” has the meaning defined in Section 1 and Section 3.
• “Location Data” has the meaning defined in Section 12.2.
• “Modified Commercial Rules” has the meaning defined in Section 10.3.
• “Modify” has the meaning defined in Section 1.
• “Other Customer” has the meaning defined in Section 3.
• “Others Named In House Fly Group” has the meaning defined in Section 10.
• “Payment Disputes” has the meaning defined in Section 6.4.
• “Payment Processor” has the meaning defined in Section 6.1.
• “Person” means any individual, corporation, limited liability company, trust, partnership, association, or other juridical entity.
• “Preferred Courts” has the meaning defined in Section 10.7.
• “Principals” means, with respect to any Person, the shareholders, members, owners, directors, managers, officers, partners, and other principals.
• “Pro Match” has the meaning defined in Section 3.3.
• “Promotions” has the meaning defined in Section 6.
• “Recurring Period” has the meaning defined in Section 6.2.
• “Recurring Service” has the meaning defined in Section 6.2.
• “Remaining Funds” has the meaning defined in Section 6.1.
• “Repairs & Work” has the meaning defined in Section 3.10.
• “Services Contract” has the meaning defined in Section 3.1.
• “Service Provider” has the meaning defined in Section 1.
• “Service Provider Booking Fee” has the meaning defined in Section 6.
• “Service Provider Commentary” has the meaning defined in Section 5.2.
• “SMS Messaging Program” means House Fly’s transactional SMS program described in Section 12.
• “Subject Home/Property” has the meaning defined in Section 3.10.
• “Terms of Service” has the meaning defined on the cover.
• “User Contributions” has the meaning defined in Section 5.2.
• “VIP Account” means the internal operational designation House Fly uses for Service Provider records associated with the Pro Match booking model, including Service Providers located through public sources such as Google Business, social media, professional directories, or licensing databases. VIP Accounts are not subject to House Fly’s standard signup flow or Identity Verification, and the VIP designation does not indicate that House Fly has verified the Service Provider’s identity, licensure, insurance, or any other credential.
• “Warranty” has the meaning defined in Section 6.7.
• “You and Your Interests” has the meaning defined in Section 8.

12. MISCELLANEOUS

12.1 House Fly Additional Remedies

Without limiting any other rights or remedies of House Fly, House Fly may, in its sole discretion and without notice, take any action permitted by law or equity for any of your (or anticipated/threatened) violations of these Terms of Service, including: limiting, restricting, suspending, deactivating, or terminating your Account; requiring forfeiture of paid funds; holding your funds; assessing monetary surcharges or costs; offsetting amounts owed; canceling all Upcoming and Recurring services; closing open disputes in favor of the Service Provider; notifying Service Providers of termination; removing reviews; blocking access; investigating you; and cooperating with law enforcement.

12.2 Location Data

You acknowledge and consent to House Fly’s collection of the latitude and longitude location (“Location Data”), or other geographical location information, of your mobile device (or laptop, tablet, or other computing device) so that we can strive to connect you with Service Providers. House Fly collects Location Data for matching, safety, and legal purposes. House Fly does not have or make any promise to use Location Data to protect your safety or the safety of others.

12.3 Waiver and Severability

No waiver by House Fly of any term shall be deemed a further or continuing waiver. Failure or delay to assert any right does not constitute waiver.

If any provision is determined to be invalid or unenforceable, that provision shall be severed from the remaining provisions which shall continue to be valid and enforceable. To the extent the tribunal has the power to conform invalid provisions, the parties request that it conform them as close as possible to the original yet valid.

12.4 Force Majeure

Neither House Fly, any member of the House Fly Group, nor any Service Provider shall be liable for any delay, failure, or inability to perform any obligation under these Terms of Service or any Services Contract due to events beyond reasonable control, including without limitation: hurricanes, tornadoes, floods, wildfires, earthquakes, severe weather, declared emergencies (federal, state, parish, or local), evacuation orders, pandemics, epidemics, public-health emergencies, quarantine orders, acts of God, acts of war or terrorism, civil unrest, labor disputes, supplier or vendor failures, payment-processor or telecommunications outages, power or internet failures, cyberattacks, regulatory or governmental actions, and changes in law. Performance is excused for the duration of the force-majeure event and resumes promptly when feasible. House Fly may cancel, reschedule, suspend, or modify any booking, Services Contract, or service available on the Platform without liability during a force-majeure event. During any declared emergency in which price-gouging laws apply, House Fly will price services in compliance with applicable law and reserves the right to suspend all bookings in the affected geographic area.

12.5 No Third-Party Beneficiaries

Except as expressly stated, these Terms are for the sole benefit of you and House Fly and do not create any third-party beneficiary rights.

12.6 Entire Agreement

These Terms of Service constitute the sole and entire agreement between you and House Fly with respect to the House Fly Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

12.7 Modifications to These Terms

House Fly may modify these Terms of Service from time to time. For material changes (including changes to dispute resolution, arbitration, payment, or liability terms), House Fly will provide notice at least thirty (30) days in advance by email to the address on file, by in-Platform notice, or by SMS to any number for which you have provided consent. The “Last Updated” date at the top of these Terms of Service indicates when changes took effect. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to a modification, your sole remedy is to close your Account before the effective date.

12.8 Opt-out Rights — Text Messages, Calls and Pushes to a Phone Number

By registering for an Account with House Fly, you expressly consent and agree to accept and receive electronic and other communications from us via text message, calls, and push notifications to the telephone number which you provided to us. You certify and represent that you are and will continue to be the lawful owner of the telephone number you provided. You will maintain ownership and control over that number and will not reassign it.

If you wish to unsubscribe from receiving promotional, informational, or other communications via your telephone number, you may opt out by following the unsubscribe options provided. House Fly does not discriminate against you for opting out. Even if you opt-out of receiving text messages, calls, and push notifications, House Fly may still send informational communications via email or through the House Fly Platform. You may receive text messages confirming your opt-out or Account deactivation. Standard telephone minute charges may apply.

12.9 Email or House Fly Platform

By registering for an Account, you expressly consent to receive communications via email and via the House Fly Platform. You certify ownership of the email address provided. You may opt out of promotional emails but may not opt out of informational communications regarding any ongoing Services Contract or Platform transactions.

12.10 SMS Messaging Program

House Fly operates a transactional SMS program through Twilio that sends booking-related text messages to customers who opt in. By providing a mobile phone number at signup, guest checkout, or during a booking call, and by checking the SMS consent box (or providing verbal consent during a recorded call), you opt in to receive transactional text messages from House Fly related to your booking.

Types of messages: booking confirmations, secure checkout links, appointment reminders, Service Provider ETA notices, payment receipts, dispute follow-ups, and account or security notifications.

Message frequency: approximately 1–5 messages per booking; total volume varies by your activity on the Platform. House Fly does not send marketing or promotional SMS from this program.

Message and data rates: standard message and data rates may apply per your wireless carrier plan.

Opt-out: Reply STOP (or CANCEL, END, QUIT, UNSUBSCRIBE, STOPALL) to any House Fly text message at any time to opt out. You will receive one confirmation message and no further SMS. You may opt back in by replying START or by checking the SMS consent box again on your account.

Help: Reply HELP (or INFO) to any House Fly text for support information, or email Help@HouseFly.com or call (504) 323-7341.

Opt-in is not a condition of purchase. Booking a service through House Fly does not require SMS consent. If you decline SMS, House Fly will communicate booking information through email and in-app/web notifications.

Data handling. Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. All categories exclude text-messaging originator opt-in data and consent — this information will not be shared with any third parties.

Prior Express Written Consent (TCPA). By checking the SMS consent box at signup, guest checkout, or during a booking, or by providing verbal SMS consent during a recorded booking call, you provide your prior express written consent under the Telephone Consumer Protection Act, 47 U.S.C. §227, to receive transactional text messages from House Fly (including messages sent using an automatic telephone dialing system or an artificial or prerecorded voice) at the mobile phone number you provided, for the purposes described in this Section. You acknowledge that this consent is not a condition of purchase. You may revoke this consent at any time by replying STOP.

TCPA Safe Harbor. In the event House Fly inadvertently sends a text message to a number for which consent has been revoked or to a number reassigned to a person who has not consented, you and House Fly agree that House Fly’s good-faith reliance on a customer-provided number, consent record, or industry-standard reassigned-number database constitutes a complete defense to any claim under the TCPA or any analogous state statute.

12.11 AI & Automated Communications; Recordings; Consent

House Fly operates an AI-assisted booking and customer-service experience called “Homer” that may interact with you through chat (on our website and mobile app) and voice (by telephone). Homer may collect service type, ZIP code, job size, scheduling preferences, contact information, and other booking details necessary to generate a cart, dispatch a Service Provider, or complete a transaction.

By providing a phone number or using our chat/voice features, you consent to House Fly (and its vendors, including Twilio and our voice telephony provider) contacting you by telephone call, SMS/MMS text, in-app message, push notification, and email. These contacts may include autodialed calls, prerecorded or artificial voice, AI-assisted agents, and AI-generated content, for account creation and management, booking, dispatch, scheduling, verification, payment, dispute handling, collections, and other customer-service or operational purposes. Consent to receive automated communications is not a condition of purchase or use of the Platform. You may opt out of SMS at any time by replying STOP to any text message and may request that we not place automated or AI-assisted calls to you by contacting Help@HouseFly.com.

Call/Chat Recording & Transcription. Calls and chats (inbound and outbound) with House Fly — including AI-assisted interactions with Homer — may be monitored, recorded, and transcribed. You consent to such monitoring, recording, and transcription and to House Fly’s retention and use of such recordings/transcripts for quality assurance, training, fraud prevention, dispute handling, collections, compliance, and to operate, analyze, and improve the Platform.

AI Disclosures. AI outputs (estimates, summaries, scheduling suggestions, voice responses) may be inaccurate or out-of-date. Verify material facts (licensing, insurance, pricing, availability) directly with the Service Provider. House Fly does not provide professional, technical, legal, medical, or financial advice through AI features.

12.12 AI Chat Booking (Homer)

The House Fly website and mobile app feature an AI-assisted chat booking experience called “Homer.” Homer may guide you through service selection, ZIP-code eligibility, job sizing, scheduling, and price estimation, and may add items to your cart on your behalf. Conversations with Homer are logged for analytics, quality assurance, dispute handling, and improvement of the Platform.

Homer is an AI agent. Its outputs (suggested services, estimated prices, suggested scheduling, and conversational responses) may be inaccurate, out-of-date, or generated by automated systems without human review. You should verify any material decision before relying on a Homer output. Booking through Homer creates the same Pro Match (Concierge Booking) relationship described in Section 3; you remain responsible for reviewing the final cart and authorizing payment.

Customer Review and Confirmation of Booking Details. Before any payment is authorized on your payment method, the Platform will present a final booking summary including the service type, ZIP code, scheduled date and time, estimated price, and any special instructions. You are solely responsible for reviewing and confirming the accuracy of the booking summary before authorizing payment. Your authorization of payment (whether by clicking a confirmation button, by verbal “yes” or DTMF keypress on a recorded call, by SMS reply, or by any comparable affirmative action) constitutes your express acceptance of all booking details displayed and your express acknowledgment that any AI-suggested service type, price, or scheduling is accurate as it appears in the final booking summary. House Fly is not liable for any AI output that you have an opportunity to review and accept; the final booking summary controls in the event of any conflict with prior AI conversation.

12.13 AI Voice Booking (Homer Voice)

House Fly may operate an AI-assisted voice booking experience that allows you to book a service by calling our published phone number or by being contacted by House Fly regarding a booking. When you place or receive a call with Homer Voice, you consent to: (a) speaking with an AI agent that uses prerecorded or synthesized voice; (b) the recording and transcription of the call for quality assurance, dispute handling, and improvement of the Platform; (c) Homer Voice collecting your service request details, contact information, and booking preferences; and (d) Homer Voice generating a cart, sending you a secure checkout link by SMS or email, and/or completing the booking by your verbal authorization.

Verbal authorization given during a recorded Homer Voice call (including “yes,” DTMF keypress, or comparable affirmative confirmation) constitutes a valid electronic signature for purposes of these Terms of Service and applicable e-signature laws and is sufficient to (i) authorize a charge to your payment method on file, (ii) consent to receive transactional SMS related to the booking, and (iii) accept the Pro Match (Concierge Booking) terms described in Section 3.

State-Specific Recording Consent. You acknowledge and agree that any voice call between you and House Fly (including without limitation calls with Homer Voice) may be recorded and transcribed. At the beginning of any inbound or outbound voice call with House Fly, you will receive an audible disclosure that the call may be recorded. Your continuation of the call after the audible disclosure constitutes your express, knowing consent to the recording for purposes of California Penal Code §632, the Massachusetts Wiretap Act, the Illinois Eavesdropping Statute, the Nevada Wiretap Act, the Washington Privacy Act, the Florida Security of Communications Act, the Maryland Wiretap Act, the Montana Privacy Act, the New Hampshire Wiretap Act, the Pennsylvania Wiretap Act, the Oregon Eavesdropping Statute, and any other federal, state, or local law governing the recording of electronic communications.

BIPA / Voiceprint Disclosure (Illinois). If you are an Illinois resident and Homer Voice uses voiceprint, voice biometric, or similar biometric identifier technology to authenticate or identify you, House Fly will provide a separate Illinois Biometric Information Privacy Act (“BIPA”) disclosure and obtain your written consent before any biometric collection. As of the Last Updated date of these Terms of Service, Homer Voice does not collect or process voiceprint biometrics.

12.14 Marketing and Advertising

Consent to Use Public-Facing Content. You grant House Fly a non-exclusive, royalty-free license to use content you intentionally submit for public display (for example, reviews, ratings, and your public profile name/photo) to market the Platform. House Fly does not use sensitive personal information for marketing without your consent where required by law.

Marketing and Promotions. Marketing use applies only to public-facing content. House Fly may display your public-facing reviews, display name/photo, and aggregate ratings in marketing materials and on the Platform.

Use of Reviews. Reviews you submit through House Fly or on third-party platforms (Google, Apple, Yelp, etc.) may be publicly displayed on our platform and used in our marketing materials. You grant House Fly the right to use your username, actual name (if provided), and the contents of your reviews for promotional purposes.

Third-Party Platforms. Your interactions with third-party platforms are governed by the terms and privacy policies of those platforms. House Fly is not responsible for content or information you voluntarily disclose to them.

12.15 Notices

Except as explicitly stated otherwise, any notice to House Fly shall be given by certified mail, postage prepaid and return receipt requested (“US Mail CM/RRR”) to:

House Fly Home Services, Inc. ATTN: Terms Of Service 7041 Canal Blvd. Ste 504 New Orleans, LA 70124

with a copy emailed simultaneously to Legal@HouseFly.com.

Such notices shall be deemed given three (3) business days after the date of mailing. Notices to you shall be provided through the House Fly Platform or via the email address you provided.

12.16 Successor Liability; Assignment

These Terms bind your successors and assigns. You may not assign your obligations under these Terms without House Fly’s written consent; any purported assignment without consent is void. House Fly may assign these Terms to any successor or affiliate without your consent.

12.17 Cumulative Remedies; No Waiver by Acceptance of Payment

House Fly’s remedies are cumulative and not exclusive. House Fly’s acceptance of any payment or partial performance is not a waiver of any breach.

12.18 Electronic Signature

These Terms may be assented to electronically and an electronic assent (including a check-box, click-through, “yes” on a recorded call, DTMF keypress, or comparable affirmative action) has the same effect as a handwritten signature.

12.19 Headings; Interpretation

Section headings are for convenience only and do not affect the interpretation of any provision. Words in the singular include the plural and vice versa.

12.20 Survivals

The following provisions shall survive any termination, expiration, rescission, dissolution, cancellation, voiding or other end to these Terms of Service:

Sections 1; 3 (including Limited Booking Agency; Pro Match (Concierge Booking); What “Verified” and “Vetted” Mean; VIP Accounts; Negligent Selection Waiver; Independent Contractor Status; Background Check Disclaimer; Customer Responsibilities; Subject Home/Property Representations; Hazardous Materials Acknowledgment; Photos, Media, and Illustrations; Property Management Coming Soon); 5.1, 5.2, 5.3; 6 (including Prices/Estimates/Pre-Authorization, Acknowledged Completion, Auto-Renewal Disclosure, Payment Disputes, Chargebacks, Reserves, and Our Right to Refuse or Cancel); 7; 8; 9; 10 (Governing Law; Contractual Limitations Period; all Arbitration subsections; Mass Arbitration Protocol; Class Action Waiver); 11; and Section 12 subsections 12.7 (Modifications), 12.8 (Opt-out Rights), 12.10 (SMS Messaging Program), 12.11 (AI & Automated Communications), 12.12 (AI Chat Booking), 12.13 (AI Voice Booking), 12.14 (Marketing and Advertising), 12.16 (Successor Liability), 12.17 (Cumulative Remedies), 12.18 (Electronic Signature), 12.20 (Survivals).

All definitions survive. Any provision stated to survive elsewhere shall also survive. Section 4 (Prohibitions and Non-Circumvention) survives for two (2) years after termination.

12.21 Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the House Fly Platform should be directed to: Help@HouseFly.com.

---

By continuing to use the House Fly Platform, you acknowledge that you have read and understand these Terms of Service and agree to be bound by them.