Terms of Service

1Acceptance

1.1 Agreement. By accessing the Site, creating an Account, submitting a Booking Request, accepting a Quote, paying through Stripe, or otherwise using the Services, you agree to these Terms and to the other documents listed in Section 1.4. If you do not agree, do not use the Services.

1.2 Defined terms. In these Terms:

• “Site” means fixitfast.nyc, primeinstall-llc.com and their subpages.
• “App” means the installable web application and any mobile or desktop packaging of it.
• “Services” means the Site, the App, Mason, and the home services we perform, including TV wall mounting, security camera installation, smart home setup, electrical work, plumbing, handyman work, and emergency request handling.
• “Account” means a customer account created with an email address and password.
• “Booking Request” means a request for Services submitted through the Site or App, whether signed in or as a guest.
• “Quote” means a written price proposal we send you for the work described in a Booking Request.
• “Work” means the on-site services described in an accepted Quote.
• “Property” means the apartment, house, building or commercial space where Work is performed.
• “Mason” means our on-site AI chat assistant.
• “Your Content” has the meaning in Section 5.1.
• “Authorized Person” means the owner of the Property, or a tenant, shareholder, unit owner or manager who has the authority described in Section 3.2.

1.3 Electronic acceptance. You agree that clicking a box, pressing a button, signing in, or continuing to use the Services is a valid signature and acceptance. We record the version of the Terms you accepted and a timestamp. You consent to receive notices and records electronically.

1.4 Related documents. The following are part of these Terms and are incorporated by reference: the Privacy Notice, the Cancellation, Rescheduling and Refunds policy, the Cookie Notice, the Texts and Calls Notice, the Accessibility Statement, and the Licenses and Verification page. Each Quote you accept is also part of the agreement for the Work it describes.

1.5 Order of precedence. If documents conflict, the following order applies, with the earlier document controlling: (a) the accepted Quote, as to the scope, price and schedule of the Work only; (b) the Cancellation, Rescheduling and Refunds policy, as to cancellations and refunds; (c) these Terms; and (d) the other documents in Section 1.4. Nothing in a Quote waives Section 10, 11, 12 or 16 unless the Quote says so expressly and refers to that section by number.

1.6 Interpretation. Headings are for convenience only. “Including” means “including without limitation.” The singular includes the plural. A reference to a law includes that law as amended and its successor. “Written” and “in writing” include email and messages delivered through the Site or App. No provision is construed against a party because that party drafted it. Where these Terms require something “to the extent permitted by law,” the provision applies to the fullest extent the law allows and is otherwise limited to what the law permits.

2License to use the site and app

2.1 Grant. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Site and App for your own lawful purpose of researching, requesting, managing and paying for the Services.

2.2 Restrictions. You may not, and may not permit anyone to: (a) copy, modify or create derivative works of the Site or App except as the law allows; (b) reverse engineer, decompile or attempt to extract source code, except to the extent applicable law prohibits this restriction; (c) scrape, crawl or harvest the Site by automated means without our written permission; (d) circumvent access controls, rate limits or security measures; (e) resell or sublicense access; or (f) use the Services to build a competing product.

2.3 Accounts. You are responsible for keeping your password confidential and for activity under your Account. Notify us through the contact form promptly if you suspect unauthorized access. We may require a password reset or additional verification at any time to protect your Account.

2.4 Guest bookings. You may submit a Booking Request as a guest. A guest booking is governed by these Terms in the same way as an Account booking, but you will not have dashboard access unless you later create an Account using the same email address.

2.5 Roles. The App supports the roles of customer, staff, administrator and owner. Staff and administrator access is limited to authorized personnel for the purpose of providing the Services and is logged.

2.6 Availability. We do not promise that the Site or App will be uninterrupted or error free. We may modify, suspend or discontinue any feature at any time, with notice where practical.

3Eligibility

3.1 Age. You must be at least 18 years old and able to form a binding contract to use the Services or request Work. The Services are not directed to children, and we do not knowingly contract with minors.

3.2 Authority over the Property. You represent and warrant that you are an Authorized Person, or that you have the written permission of the owner, landlord, cooperative board, condominium board, managing agent or other person with authority, to have the Work performed. In particular:

• If you rent, you are responsible for obtaining your landlord’s consent for drilling, wiring, mounting, camera placement, electrical or plumbing changes, or any alteration the lease or house rules restrict.
• If you live in a cooperative or condominium, you are responsible for any alteration agreement, board approval, notice to the managing agent, or permitted work hours that the building requires.
• If a building requires a certificate of insurance, a vendor registration, a work-hours window or a freight elevator reservation, you must tell us in your Booking Request or before the visit. We will make reasonable efforts to provide a certificate of insurance on request. Whether a building accepts it is outside our control.

3.3 Service area. We serve the five boroughs of New York City: Manhattan, Brooklyn, Queens, the Bronx and Staten Island. We may decline a request outside this area, for a Property we cannot safely access, or for any lawful reason.

3.4 Business customers. If you request Work for a business, you represent that you are authorized to bind that business, and “you” includes the business.

3.5 Accurate information. You agree to provide accurate and complete information, including the address, access instructions, wall or surface type to your knowledge, the presence of pets, parking conditions, and anything you know about hidden pipes, wires or hazards.

4Quotes, pricing, payment and billing

4.1 Two ways to book. The Site shows published flat prices for standard jobs (“Published Price Jobs”) and uses written quotes for custom jobs. (a) For a Published Price Job, you choose the job, the borough or address and a preferred window, and you pay the published price at booking through Stripe Checkout. A contract for the Work is formed when your payment succeeds and we confirm the booking. (b) For a custom job, a Booking Request is not a contract. After reviewing it, our staff will send a written Quote describing the Work, the price, any deposit and the proposed schedule, and a contract is formed only when you accept the Quote and, where the Quote requires payment to confirm the booking, pay it.

4.1A What a published price includes. A published price includes the items listed in the job description on the Site at the time you book, and nothing else. Items the description does not list, such as the television, mount or camera itself, special hardware, wall repair, patching and painting, are excluded unless the description says otherwise. A published price applies only within the stated service area and for the conditions described in the job description.

4.2 Quote contents. Each Quote states, as applicable: the scope of Work; materials and equipment included or excluded; the total price; any deposit and when it is due; the expected visit window; who will perform regulated electrical or plumbing work; the cancellation or no-access fee, if any; and the Quote’s expiration date.

4.3 Written contract. Where New York law requires a written home-improvement contract for the Work, the accepted Quote together with these Terms is intended to serve as that written contract, and we will provide any additional information or document that the law requires before the Work begins.

4.4 Changes in scope. A technician may find conditions that differ materially from what was described when you booked or when we prepared the Quote, such as hidden pipes or wiring, a missing electrical box, deteriorated or non-standard wall construction (plaster and lath, brick, concrete, metal studs), non-code-compliant existing work, or equipment that does not match what you described. If the conditions change the price or the safe way to do the Work, the technician will explain the change, and we will not perform extra work or charge for it unless you approve the added cost in writing in the App (or by another written means we offer) before the extra work begins. You may decline the extra work. If you decline, or cancel the extra work, we will stop that portion, and you will receive a refund of the portions of the Work that were not performed, less the cancellation or no-access fee stated on your Quote or in the job description if the visit could not proceed for a reason within your control.

4.5 Taxes. Prices are in U.S. dollars. Sales tax and other taxes are added where the law requires and are shown on the Quote or at checkout.

4.6 Payment through Stripe. You pay a Quote through Stripe Checkout. Stripe processes your card or other payment method under its own terms and privacy notice. We do not see or store your full card number. You authorize us, through Stripe, to charge the amount shown at checkout.

4.7 Deposits and balances. If the Quote states a deposit, it is due when you accept the Quote and is credited against the total price. Any remaining balance is due on the date stated in the Quote, which is ordinarily on completion of the Work.

4.8 Failed or reversed payments. If a payment fails, is declined, or is reversed, we may pause scheduling or Work, and the amount remains due. You are responsible for any bank charges you incur. We may charge a reasonable fee, not exceeding our actual costs or what the law permits, for a returned or reversed payment.

4.9 Chargebacks. Please contact us through the contact form before disputing a charge with your card issuer so that we can try to resolve the issue. If you dispute a charge for Work that was performed as described in the accepted Quote, we may submit evidence to the issuer, including the Quote, your acceptance record, messages, photographs and completion records.

4.10 Quote expiration and price changes. A Quote is valid until the date it states. After that date we may withdraw or reissue it. Prices on the Site are informational and are not offers.

4.11 Estimates for emergency requests. The emergency request flow lets you ask for urgent attention at any hour. Submitting an emergency request does not guarantee a response time or an on-site arrival time. In a life-threatening situation, call 911. For gas odors, call your gas utility and 911. Emergency and after-hours surcharges, if any, are shown to you before you pay. Emergency work is otherwise priced and billed in the same way as other Work unless an emergency Quote states otherwise.

4.12 Refunds. Cancellations, rescheduling and refunds are governed by the Cancellation, Rescheduling and Refunds policy.

5Your content

5.1 What counts. “Your Content” means the photos, videos, descriptions, messages, chat entries, reviews, documents and other material you submit through the Services.

5.2 Ownership. You keep ownership of Your Content. You grant PrimeInstall and its service providers a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display and use Your Content for the purposes of providing, securing, supporting and improving the Services, preparing Quotes, performing Work, documenting the condition of the Property and the Work, resolving disputes, and complying with law. We will not publish photos of your home or identifiable images of you or your household in marketing without your separate permission.

5.3 Your promises. You represent that you have the right to submit Your Content, that it is accurate to your knowledge, that it does not infringe anyone’s rights, and that you have complied with Section 6 for anyone depicted in it.

5.4 Photos and the Property. Photos you upload may show the interior of your home, valuables, documents, or other people. Please frame photos to show the work area and avoid including faces, mail, identification, screens displaying personal data or other sensitive items. We may ask you for better photos or decline to use an image.

5.5 Chat. Chat conversations with Mason and with our team are stored so that staff can follow up, and are covered by the Privacy Notice. Do not enter payment card numbers, passwords or government identification numbers into chat.

5.6 Removal. We may remove or refuse Your Content that violates these Terms or the law. You may delete Your Content and request deletion of your data as described in the Privacy Notice, subject to the retention periods stated there and to records we must keep.

5.7 Feedback. If you give us suggestions or feedback about the Services, we may use them without obligation to you.

6Recording other people

6.1 Your responsibility. When we install a security camera, video doorbell, smart speaker, baby monitor or similar device, you decide where it points, what it records, who can view the footage and how long it is kept. You are solely responsible for the lawful use of devices installed at your direction, including compliance with federal, New York State, New York City and local law, your lease, and building or board rules.

6.2 Video. You agree not to position or use a camera to record areas where a person has a reasonable expectation of privacy, such as bathrooms, changing areas, bedrooms of other households, or the interior of a neighbor’s unit or window. You should position cameras to cover your own entry, property and common approaches, and, where practical, avoid capturing neighboring doors and windows. In shared buildings, check whether your landlord or board requires consent or restricts cameras in hallways and common areas.

6.3 Audio. Recording audio can be treated differently from recording video. New York generally prohibits recording a conversation you are not part of and to which no party has consented. Many devices record audio by default. You are responsible for disabling audio recording or obtaining the consent the law requires from the people who may be recorded. If you ask us to enable audio recording, you confirm that you will do so lawfully and post notice where appropriate.

6.4 Notice. If you use cameras in connection with a business, employees, tenants, domestic workers, babysitters or visitors, you are responsible for any posted notice, written policy or consent that the law requires.

6.5 Our refusal. We may decline or stop an installation if we reasonably believe the requested placement or settings would be used to record people unlawfully. We are not required to monitor how you use a device after installation.

6.6 Our own recording. We do not record audio or video inside your home during Work. Technicians may take photographs of the work area, equipment, serial numbers and the completed installation for documentation and quality purposes. If you do not want photographs taken in a room, tell the technician or tell us in advance. We will avoid photographing people.

6.7 Photos you send. If photos or video you send us show other people, you are responsible for having the right to share them with us. Please do not send images of children or of people who have not agreed to be photographed.

6.8 Footage and cloud services. Camera footage is stored and processed by the device manufacturer or its cloud service under its terms. We do not receive or store your footage unless you expressly ask us to troubleshoot a specific clip and share it with us.

7Third-party services and products

7.1 Customer-supplied equipment. You may supply your own television, mount, camera, doorbell, thermostat, hub, fixture or other equipment. We will use reasonable care when installing it, but we do not warrant it, and we may decline to install equipment that appears damaged, counterfeit, unsafe, incompatible with the wall or load, or not suitable for the location. We are not responsible for defects in customer-supplied equipment, for compatibility problems that were not apparent, or for damage that results from a defect in the equipment, the mount or its rated capacity. You are responsible for confirming that a mount is rated for the weight and size of your television.

7.2 Materials we supply. Equipment and materials we supply are subject to the manufacturer’s warranty and terms. Where the Quote does not state otherwise, we pass through manufacturer warranties and do not extend them. Our workmanship commitments are in the Cancellation, Rescheduling and Refunds policy.

7.3 Smart home accounts and apps. Smart home devices often require accounts with the manufacturer, Wi-Fi access, and acceptance of the manufacturer’s terms. You are responsible for those accounts and for your network and passwords. We may help with setup, but the manufacturer’s service is outside our control, and manufacturers may change, limit or discontinue features.

7.4 Payments. Payments are processed by Stripe. Stripe is an independent company and its terms and privacy notice apply to your use of Stripe Checkout.

7.5 AI providers. Mason uses third-party AI model providers, which may include OpenAI, Google (Gemini), Anthropic, Groq and other providers. Text you type to Mason is sent to them to produce replies, as explained in the Privacy Notice.

7.6 Other providers. We use cloud hosting and transactional email providers. Links to third-party websites are provided for convenience, and we do not control or endorse their content.

7.7 Subcontractors and licensed professionals. We may use employees, independent contractors and subcontractors to perform Work. Regulated electrical and plumbing work is performed or supervised by appropriately licensed professionals as required by law, and the Quote names who performs regulated work. We remain responsible to you for the Work under these Terms.

8Acceptable use

8.1 Prohibited conduct. You agree not to:

• use the Services for any unlawful, fraudulent, deceptive or harmful purpose;
• submit false Booking Requests, false emergencies, false identity or Property information, or requests for Work at a Property you have no authority over;
• use stolen or unauthorized payment methods or attempt to evade payment;
• interfere with or disrupt the Site, App, servers or networks, or introduce malware;
• probe, scan or test the vulnerability of the Services without our written permission, or access another person’s Account or data;
• attempt to manipulate Mason, including by prompt injection, jailbreaking, extracting system instructions, or causing it to take actions you are not authorized to take;
• use Mason or the chat to seek instructions for dangerous electrical, gas or plumbing work, or for any unlawful surveillance;
• harass, threaten, discriminate against or abuse our technicians, staff or other users, or create an unsafe work site, including by weapons, threatening animals, or unsafe or unsanitary conditions;
• upload content that is unlawful, infringing, sexually explicit, defamatory or that depicts minors; or
• use the Services to compete with us by gathering our pricing, customers or staff information for that purpose.

8.2 Safe work site. We may leave a job, without penalty to us and with the cancellation or no-access fee stated on the Quote, if the Property is unsafe or a technician is subjected to abusive behavior or a risk to safety. Reasonable access to the work area, power, and a responsible adult at the Property, or arranged access, are conditions of the visit.

8.3 Fraud prevention. We may verify your identity, address, payment method and authority over the Property, and may decline, cancel or report activity that appears fraudulent. We may share information with payment processors, financial institutions and law enforcement where the law allows or requires.

8.4 Enforcement. We may investigate violations, remove content, suspend access and take other lawful steps, including legal action.

9Our intellectual property

9.1 Ownership. The Services, including the Site design, text, graphics, logos, the FixItFast.NYC and PrimeInstall names and marks, software, Quote templates and compilations, are owned by PrimeInstall LLC or its licensors and are protected by intellectual property laws. Except for the license in Section 2, no rights are granted to you.

9.2 Marks. You may not use our names or marks without our prior written permission, except to refer accurately to us.

9.3 Third-party materials. Some materials on the Site, including video footage and open-source software, are used under the licenses described on the Licenses and Verification page.

9.4 Work product. Equipment and fixtures installed at your Property become your property on payment in full. Our methods, checklists, photographs of the Work taken for our records, and documentation remain ours, but you may keep any completion documents we give you.

9.5 Claims of infringement. If you believe content on the Site infringes your copyright, submit a notice through the contact form with the subject “Copyright notice,” identifying the work, the material and your contact details, and stating under penalty of perjury that you are authorized to act and have a good-faith belief that the use is unauthorized.

10Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, THE APP AND MASON ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

MASON IS AN ARTIFICIAL INTELLIGENCE SYSTEM. ITS ANSWERS MAY BE INCOMPLETE, OUTDATED OR WRONG. MASON DOES NOT PROVIDE LICENSED ELECTRICAL, PLUMBING, ENGINEERING OR SAFETY ADVICE, AND NOTHING IT SAYS IS A QUOTE, A PROMISE OF PRICE, OR A COMMITMENT TO PERFORM WORK UNLESS CONFIRMED IN A WRITTEN QUOTE OR BOOKING CONFIRMATION FROM US. DO NOT RELY ON MASON FOR EMERGENCIES.

IN AN EMERGENCY, CALL 911. IF YOU SMELL GAS, LEAVE THE BUILDING AND CALL YOUR GAS UTILITY AND 911. THE EMERGENCY REQUEST FLOW IS A WAY TO ASK FOR OUR HELP AND IS NOT A SUBSTITUTE FOR EMERGENCY SERVICES.

10.1 Work. We will perform the Work with reasonable skill and care in a workmanlike manner and in compliance with the laws that apply to us. Beyond that, and beyond the workmanship commitments in the Cancellation, Rescheduling and Refunds policy, and to the fullest extent permitted by law, we disclaim all other warranties regarding the Work.

10.2 Building and hidden conditions. We do not warrant the condition of walls, ceilings, pipes, wiring, structure or existing installations that are concealed or that we did not install, and we are not responsible for pre-existing defects or for hidden conditions that could not reasonably be detected with ordinary care before Work began. Surfaces such as plaster, old tile, and masonry may crack or chip despite reasonable care. We will tell you of known risks before we proceed.

10.3 Connectivity and devices. We do not warrant the performance of cameras, doorbells, smart devices or networks, the availability of manufacturer cloud services, or that a device will detect or prevent any event. A security camera or smart device is not an alarm, monitoring or emergency service and does not guarantee protection against theft, damage, intrusion or injury.

10.4 Information on the Site. Descriptions, prices, time estimates and availability on the Site are provided in good faith and may contain errors. We may correct an error before you pay, and if an error is found after you pay, we will offer you the choice of proceeding at the correct price or cancelling for a full refund of the unperformed portion.

10.5 Laws that do not allow disclaimers. Some jurisdictions do not allow certain disclaimers. In that case, the disclaimers apply to the fullest extent the law permits, and nothing in these Terms excludes any warranty or right that cannot lawfully be excluded.

11Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PRIMEINSTALL LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE WORK GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS ($100).

11.1 Exclusions from the limits. Nothing in these Terms limits or excludes liability for (a) death or personal injury caused by our negligence; (b) our gross negligence, fraud or willful misconduct; (c) any liability that cannot be limited or excluded under applicable law; or (d) your statutory rights as a consumer.

11.2 Property damage. If our negligence damages your Property or belongings during Work, report it to us in writing through the contact form, with photographs if possible, as soon as you discover it and in any event within 14 days of the visit. We will review the claim in good faith and, if we are responsible, repair the damage or pay the reasonable cost of repair or replacement. The limits in this Section apply to such claims except as stated in Section 11.1.

11.3 Third parties. We are not liable for acts or omissions of manufacturers, landlords, building managers, utilities, internet providers, Stripe, AI providers or other third parties, or for events beyond our reasonable control.

11.4 Basis of the bargain. You acknowledge that the prices of the Services reflect this allocation of risk, and that these limits apply even if a limited remedy fails of its essential purpose.

12Indemnification

12.1 Your indemnity. To the extent permitted by law, you will defend, indemnify and hold harmless PrimeInstall LLC and its members, managers, officers, employees, contractors and agents from third-party claims, and resulting losses, liabilities, damages, penalties, costs and expenses (including reasonable attorneys’ fees), to the extent arising out of: (a) your breach of these Terms; (b) your lack of authority over the Property or failure to obtain a required landlord, board or building consent; (c) your use of any installed camera, doorbell, microphone or other device, including claims by people who are recorded; (d) Your Content; (e) information you give us that is inaccurate or that conceals a known hazard; or (f) your violation of law or of another person’s rights.

12.2 Exceptions. You are not required to indemnify us for losses to the extent caused by our negligence, gross negligence or willful misconduct.

12.3 Procedure. We will notify you of a claim promptly, you will have reasonable control of its defense with counsel reasonably acceptable to us, and we may participate at our own cost. You may not settle a claim in a way that imposes obligations on us without our written consent.

12.4 Consumer limits. This Section applies to the fullest extent permitted by law, and does not apply where a law prohibits a consumer indemnity.

13Termination and account closure

13.1 By you. You may stop using the Services at any time. You may close your Account from the dashboard or through the contact form. Cancellations of booked Work are governed by the Cancellation, Rescheduling and Refunds policy.

13.2 By us. We may suspend or terminate your Account or access, or decline or cancel Work, immediately and with notice where practical, if you breach these Terms, if we reasonably suspect fraud or misuse, if continuing would be unsafe or unlawful, or if required by law. If we cancel prepaid Work for a reason that is not your fault, we will refund the unperformed portion.

13.3 Effect. On termination your license ends, and you must stop using the Services. Closing your Account does not cancel amounts you owe or Work already performed.

13.4 Data. You may download your data and request deletion as described in the Privacy Notice. We retain certain records for the periods the Privacy Notice states and as the law requires.

13.5 Survival. Sections 1.5, 1.6, 4 (as to amounts owed), 5.2, 6, 7, 9, 10, 11, 12, 13.3, 13.5, 15, 16, 17 and 18, and any provision that by its nature should survive, survive termination or expiration.

14Mobile app and app store terms

14.1 Installable web app. The App is a progressive web application that you can add to your device’s home screen from your browser. It is licensed to you under Section 2, not sold.

14.2 Device requirements. You are responsible for your device, browser, operating system updates, internet access and any fees charged by your carrier. Some features, such as notifications and offline pages, depend on your browser and settings.

14.3 Store distribution. If we make the App available through the Apple App Store or Google Play, the following apply in addition to these Terms. (a) These Terms are between you and PrimeInstall LLC only, and not Apple Inc. or Google LLC (each a “Store Provider”). (b) The license is limited to use on devices you own or control as the store’s usage rules permit. (c) We, not the Store Provider, are responsible for the App and its content, maintenance and support, and for any warranty that applies. If the App fails to conform to a warranty, you may notify the Store Provider, which may refund any purchase price, and to the maximum extent permitted by law the Store Provider has no other warranty obligation. (d) We, not the Store Provider, are responsible for addressing claims relating to the App, including product liability, legal or regulatory compliance and consumer protection claims, and any intellectual property claim. (e) You represent that you are not located in a country subject to a U.S. embargo or designated a terrorist-supporting country, and that you are not on a U.S. list of prohibited or restricted parties. (f) Each Store Provider and its subsidiaries are third-party beneficiaries of this Section 14.3 and, on your acceptance of these Terms, may enforce them against you. (g) Contact for questions or complaints about the App is through our contact form.

14.4 Payments. Payments for Services are made through Stripe Checkout, not through an app store, because the Services are physical services performed at a place.

15Governing law

15.1 New York law. These Terms and any dispute arising from them or the Services are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and, as to Section 16, by the Federal Arbitration Act.

15.2 Courts. Subject to Section 16, for any claim that is not subject to arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and waive objections to that venue. Nothing in this Section deprives you of mandatory consumer protection rights of the state where you live, or of the right to bring a claim in small claims court.

15.3 Mandatory law. If a mandatory law of your home jurisdiction gives you rights that cannot be waived, those rights are unaffected by this Section.

16Dispute resolution and arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. YOU AND PRIMEINSTALL LLC AGREE THAT DISPUTES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND NOT IN COURT BEFORE A JUDGE OR JURY, EXCEPT AS PROVIDED BELOW.

16.1 Informal resolution first. Before starting arbitration or a court case, the party raising a dispute will send a written notice describing it and the relief sought. For notices to us, use the contact form with the subject “Legal notice.” The parties will try in good faith to resolve the dispute for 30 days after the notice is received.

16.2 Agreement to arbitrate. Except as stated in Section 16.3, any dispute, claim or controversy between you and us arising out of or relating to these Terms, the Services, the Work, or the breach, termination, enforcement or validity of these Terms (a “Dispute”) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the arbitration is started. The AAA rules are available at adr.org. The arbitrator decides arbitrability, except that a court decides questions about the validity or enforceability of Section 16.5 (class waiver).

16.3 Exceptions. This Section does not apply to: (a) an individual claim in small claims court in New York County or the county where you live, if the claim qualifies and stays in that court; (b) a request for temporary or injunctive relief in court to protect intellectual property or to prevent unauthorized access to the Services; or (c) a claim that applicable law does not permit to be subject to a pre-dispute arbitration agreement.

16.4 Procedure and costs. The arbitration will be conducted in English, by one arbitrator, and by written submissions, telephone or video, unless the arbitrator decides that an in-person hearing is necessary, in which case it will be held in New York County or by agreement in your county of residence. We will pay the AAA filing, administrative and arbitrator fees beyond the amount you would pay to file a court case, and we will pay them in full where the AAA consumer rules require it. Each party bears its own attorneys’ fees unless the law or the AAA rules give a right to recover them. The arbitrator must apply New York law and the terms of these Terms, and may award any individual relief that a court could award, and no more. The arbitrator’s decision is final and may be entered in any court of competent jurisdiction.

16.5 CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. DISPUTES WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A CLAIM, THAT CLAIM (AND ONLY THAT CLAIM) WILL BE HEARD IN COURT AS PROVIDED IN SECTION 15.2, AND THE REMAINDER WILL BE ARBITRATED.

16.6 JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE THAT IS NOT SUBJECT TO ARBITRATION AND IS HEARD IN COURT.

16.7 Mass arbitration. If 25 or more similar Disputes are filed by or with the help of the same counsel or coordinated group, the parties agree that the AAA will administer them in batches of no more than 10 Disputes at a time (selected by the AAA, with bellwether treatment where the AAA permits), with filing fees and proceedings for later batches stayed until the earlier batch is resolved. A court may enforce this Section 16.7.

16.8 Opt out. You may opt out of this arbitration agreement (but not the rest of these Terms) within 30 days after you first accept these Terms, by submitting the contact form with the subject “Arbitration opt-out,” stating your name, the email address on your Account or booking, and that you opt out. If you opt out, Sections 16.2 through 16.5 and 16.7 will not apply to you, and Disputes will be resolved in the courts described in Section 15.2.

16.9 Limitations period. To the extent permitted by law, any claim must be filed within one year after it arose, except where the law provides a longer period that cannot be shortened.

16.10 Changes. If we change this Section 16 in the future, the change will not apply to a Dispute that arose before the change, and you may opt out of the change within 30 days as stated in Section 16.8.

16.11 Severability of this section. If any part of this Section 16, other than Section 16.5, is held unenforceable, the rest remains in effect.

17State-specific notices

17.1 New York. Consumers may contact the New York City Department of Consumer and Worker Protection and the New York State Attorney General’s Office for consumer complaints. Regulated home-improvement, electrical and plumbing work is performed under the licenses and registrations the law requires, and you can verify them using the links on the Licenses and Verification page. Where a New York law gives you a right to cancel a contract, we honor it, as described in the Cancellation, Rescheduling and Refunds policy.

17.2 New Jersey. If you reside in New Jersey, nothing in these Terms limits your rights under the New Jersey Consumer Fraud Act or the Truth-in-Consumer Contract, Warranty and Notice Act. To the extent a provision of these Terms is void, unenforceable or inapplicable under those laws, it does not apply to you, and the remaining provisions remain in force.

17.3 Connecticut. If you reside in Connecticut, nothing in these Terms limits any right that Connecticut law gives you in a home-solicitation or home-improvement transaction, including any right to cancel that cannot be waived.

17.4 California. If you reside in California, you may have the following rights, which apply to the extent California law requires. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for information about consumer complaints. To the extent you release us from claims in any settlement, you waive California Civil Code Section 1542 as permitted by law; that section provides that a general release does not extend to claims that the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known, would have materially affected the settlement. Your privacy rights are described in the Privacy Notice.

17.5 Other states and countries. The Services are intended for Properties in New York City. If you access the Services from another place, you are responsible for compliance with local law. If a mandatory law of your state gives you a right that these Terms limit, that right controls to the extent the law requires, and the remaining Terms apply.

17.6 Telephone and electronic communications. Texts and calls are described in the Texts and Calls Notice.

18Changes and contact

18.1 Changes to these Terms. We may update these Terms. We will post the updated version with a new effective date and version string, and, for material changes, notify you by email or in the App at least 14 days before the change takes effect where practical. Changes do not apply to Work already booked, except for changes required by law. If you keep using the Services after the effective date, you accept the updated Terms. If you do not agree, stop using the Services. We record the version you accept.

18.2 Contact. To contact PrimeInstall LLC for any purpose, including notices, privacy requests, complaints and the arbitration opt-out in Section 16.8, use the contact form at /contact. We do not publish an email address, telephone number or street address on the Site.

18.3 Notices to you. We may give you notice by email at the address on your Account or booking, by posting in the App or dashboard, by the Site, or by text where you have consented. A notice by email is effective when sent. You are responsible for keeping your email address current.

18.4 Notices to us. Notices to us are effective when we receive them through the contact form, unless a law requires another method, in which case we will tell you how.

18.5 General provisions.

1. Entire agreement. These Terms, the documents in Section 1.4 and any accepted Quote are the entire agreement between you and us about the Services and replace all prior understandings about their subject.
2. Severability. If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions stay in force.
3. No waiver. Our failure to enforce a right or provision is not a waiver. A waiver is effective only if it is in writing and signed or sent by us.
4. Assignment. You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, sale of assets or reorganization, or to an affiliate, on notice to you. These Terms bind and benefit permitted successors and assigns.
5. Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including severe weather, public emergency, utility or building outages, labor disputes, government action, supply disruption, and internet or cloud service failures. We will reschedule affected Work or refund unperformed prepaid portions.
6. Relationship. You and PrimeInstall are independent parties. These Terms do not create a partnership, agency or employment relationship.
7. No third-party beneficiaries. Except as stated in Section 14.3 and for our indemnified persons, there are no third-party beneficiaries.
8. Electronic records. Electronic records of these Terms and of your acceptance are admissible as evidence to the extent the law permits.