Terms and Conditions for Knack City

Key Definitions

For purposes of these Terms:

“Customer” means a user who requests or receives services.

“Service Provider” means a user who offers or performs services.

“Services” means the tasks, labor, or services arranged through the Platform.

“User Content” means content a user submits, posts, transmits, or otherwise makes available through the Platform (including profiles, listings, messages, photos, reviews, and ratings).

FIRST.- Platform Role; No Employment; No Professional Advice

Knack City provides a technology platform that connects Customers and Service Providers for Services and facilitates payment processing for those Services. Unless expressly stated otherwise in writing by Knack City:

(a) Knack City does not perform Services and is not a party to any agreement between a Customer and a Service Provider.

(b) Service Providers are independent third parties and are not employees, agents, joint venturers, partners, or franchisees of Knack City.

(c) Knack City does not provide legal, tax, medical, or other professional advice.

(d) Knack City does not supervise, direct, control, or monitor the services performed by Service Providers and has no authority to control the manner or means by which any Services are performed. Service Providers determine their own methods, materials, tools, scheduling, pricing (unless otherwise displayed through the Platform), and manner of performing Services. Service Providers operate as independent businesses and are solely responsible for their own business operations, including licensing, insurance, tools, equipment, taxes, and compliance with applicable laws.

SECOND.- Eligibility; Account Registration; Identity

(a) Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and able to form a binding contract to use the Platform.

(b) Account Required. Customers and Service Providers must create an account to use core Platform features.

(c) Accurate Information. You agree to provide accurate, current, and complete information, and to keep your account information updated.

(d) Account Security. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

(e) Verification. Knack City may (but is not required to) verify identity, conduct background checks, or screen Users. Any such efforts do not constitute an endorsement, certification, or guarantee of any User’s identity, fitness, or qualifications.

Knack City has no duty to screen, monitor, inspect, supervise, direct, or control any user, service, job site, tool, equipment, vehicle, or location, and any verification, badge, check, or review provided through the Platform is not a representation or warranty of safety, suitability, legality, or fitness.

THIRD.- Services, Bookings, and User Agreements

(a) Service Listings. Service Providers may create profiles and service listings, including pricing, availability, service details, and other terms.

(b) Customer Requests and Acceptance. Customers may request Services through the Platform. A booking is formed when a Service Provider accepts a Customer’s request (or as otherwise indicated by the Platform).

(c) Customer–Service Provider Agreement. The Customer and Service Provider are solely responsible for the terms of their arrangement, including scope, timing, location, quality, safety measures, warranties, and compliance with applicable laws.

(d) No Guarantee. Knack City does not guarantee that any Service Provider will be available, that any booking will be completed, or that any outcomes will be achieved.

FOURTH.- Fees, Payments, Taxes, and Chargebacks

(a) Platform Fees. Knack City may charge fees to Customers and/or Service Providers (including service fees, processing fees, subscription fees, cancellation fees, dispute fees, or other fees) as displayed at checkout, in-product, or otherwise presented to you before you incur them.

(b) Payments. Knack City facilitates payments between Customers and Service Providers through one or more third-party payment processors. You authorize Knack City and its payment processor(s) to charge and/or credit your selected payment method for amounts due under a booking, including applicable fees and taxes.

(c) Payment Timing. Unless the Platform states otherwise, Customer payments may be authorized at booking and captured upon completion (or deemed completion) of Services.

(d) Taxes. Users are responsible for determining and paying any applicable taxes arising from bookings, earnings, or use of the Platform. Knack City may collect and remit taxes where required or deemed appropriate.

(e) Chargebacks and Payment Disputes. If a Customer initiates a chargeback, reversal, or similar dispute with their card issuer or bank, Knack City may suspend the account, place a hold on payouts, and/or recoup amounts from the Customer and/or Service Provider to the extent permitted by law and the payment processor’s rules.

(f) No Banking Relationship. The Platform is not a bank, and funds may be held or processed by third-party payment processor(s) subject to their terms.

FIFTH.- Cancellations, Rescheduling, Refunds

(a) Cancellations and Rescheduling. Cancellation and rescheduling options may vary by Service category and may be subject to deadlines and fees displayed in the Platform.

(b) Refunds. Any refunds (full or partial) are determined in accordance with the Platform’s then-current refund flow and these Terms.

(c) Service Issues. If you believe Services were not provided as agreed, you must submit a dispute or support request within the time period specified in the Platform; otherwise, you may be deemed to have accepted the Services.

SIXTH.- User Conduct; Prohibited Activities

You agree not to (and not to attempt to):

1. (a) violate any applicable law, regulation, or court order;
2. (b) infringe, misappropriate, or otherwise violate any third party rights (including intellectual property, privacy, publicity, or contractual rights);
3. (c) post or transmit unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable content;
4. (d) solicit, collect, or use information about other users without their consent;
5. (e) interfere with or disrupt the Platform or its systems, including by introducing malware, scraping, reverse engineering (except to the extent prohibited by law), probing, or automated access not authorized by Knack City;
6. (f) circumvent the Platform’s payment system, including by requesting or accepting payment outside the Platform for bookings initiated through the Platform;
7. (g) impersonate any person or entity, misrepresent your affiliation, or provide false or misleading information;
8. (h) discriminate, harass, or retaliate against any person based on protected characteristics, or engage in hate speech or violence;
9. (i) offer or request Services that are illegal, unsafe, or that require licenses/permits you do not have;
10. (j) create multiple accounts to evade restrictions, or allow others to use your account;
11. (k) use the Platform for competitive analysis, to build competing products, or to copy/replicate the Platform’s features.

Knack City may investigate and take action, including removing content, cancelling bookings, withholding payouts (as permitted by law), and suspending or terminating accounts.

SEVENTH.- Safety; Risk Assumption; Insurance

(a) EXPRESS ASSUMPTION OF RISK.  YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT USE OF THE PLATFORM, PARTICIPATION IN ANY BOOKING, AND THE REQUEST, OFFER, PERFORMANCE, OR RECEIPT OF ANY SERVICES MAY INVOLVE KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE RISKS, INCLUDING RISKS OF PROPERTY DAMAGE, PROPERTY LOSS, PERSONAL INJURY, BODILY INJURY, ILLNESS, DISEASE TRANSMISSION, DISABILITY, DEATH, DISPUTES, FRAUD, THEFT, ASSAULT, BATTERY, HARASSMENT, DAMAGE CAUSED BY TOOLS OR EQUIPMENT, DAMAGE CAUSED BY ANIMALS OR THIRD PARTIES, UNSAFE PREMISES OR CONDITIONS, TRANSPORTATION-RELATED INCIDENTS, AND THE ACTS OR OMISSIONS OF OTHER USERS OR THIRD PARTIES. YOU VOLUNTARILY, KNOWINGLY, AND EXPRESSLY ASSUME ALL SUCH RISKS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER ARISING BEFORE, DURING, OR AFTER ANY BOOKING OR SERVICE.

For the avoidance of doubt, the risks assumed by you include risks arising from: (i) in-person interactions before, during, or after a booking; (ii) entry onto, presence at, or conditions of any home, business, job site, or other location; (iii) use of tools, equipment, vehicles, materials, or products; (iv) communications, conduct, or omissions of any Customer, Service Provider, household member, visitor, contractor, invitee, or other third party; and (v) any service arranged through the Platform, whether the relevant conduct occurs on or off the Platform.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR 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 BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS WAIVER AND EXPRESSLY AGREE TO IT.

Without limiting the foregoing, you assume the risks arising from the acts or omissions, including negligent acts or omissions, of other users and third parties.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING RELEASES, DISCLAIMERS, AND LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM KNACK CITY’S FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, OR ANY LIABILITY THAT CANNOT BE LIMITED OR WAIVED UNDER APPLICABLE LAW.

(b) NO INSURANCE; USER RESPONSIBILITY FOR COVERAGE. UNLESS KNACK CITY EXPRESSLY AGREES OTHERWISE IN WRITING, KNACK CITY DOES NOT PROCURE OR PROVIDE ANY INSURANCE COVERAGE OF ANY KIND FOR ANY USER, BOOKING, SERVICE, TOOL, EQUIPMENT, VEHICLE, LOCATION, OR PROPERTY, INCLUDING GENERAL LIABILITY, PROFESSIONAL LIABILITY, WORKERS’ COMPENSATION, EMPLOYMENT, HEALTH, DISABILITY, AUTOMOBILE, PROPERTY, CARGO, OR UMBRELLA COVERAGE. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHAT INSURANCE, LICENSES, PERMITS, OR OTHER PROTECTIONS YOU MAY NEED IN CONNECTION WITH YOUR USE OF THE PLATFORM OR ANY SERVICES.

(c) User Responsibility. Users are solely responsible for: screening and selecting the other party; verifying identity, qualifications, licenses, permits, and insurance; assessing the safety and suitability of any location, tools, equipment, materials, and working conditions; securing valuables, pets, minors, and hazardous conditions; providing any legally required warnings, training, supervision, or safety equipment; and complying with all applicable health, safety, labor, consumer protection, and other laws.

(d) RELEASE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE KNACK CITY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUCCESSORS, FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATING TO: (i) YOUR USE OF THE PLATFORM; (ii) ANY BOOKING, SERVICE, OR INTERACTION WITH ANY USER OR THIRD PARTY; (iii) ANY PROPERTY DAMAGE, PROPERTY LOSS, PERSONAL INJURY, ILLNESS, OR DEATH; OR (iv) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD PARTY.

(e) NO DUTY TO INSPECT OR ENSURE SAFETY OF LOCATIONS. KNACK CITY DOES NOT OWN, CONTROL, MANAGE, INSPECT, OR MAINTAIN ANY PROPERTY, PREMISES, JOB SITE, OR LOCATION WHERE SERVICES MAY OCCUR. KNACK CITY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SAFETY, CONDITION, LEGAL COMPLIANCE, OR SUITABILITY OF ANY LOCATION WHERE SERVICES ARE PERFORMED. USERS ACKNOWLEDGE AND AGREE THAT KNACK CITY HAS NO DUTY TO INSPECT, SUPERVISE, OR ENSURE THE SAFETY OF ANY PREMISES OR WORK ENVIRONMENT.

(f) BACKGROUND CHECKS AND SCREENING DISCLAIMER. TO THE EXTENT KNACK CITY OFFERS OR FACILITATES ANY IDENTITY VERIFICATION, LICENSE CHECK, OR BACKGROUND SCREENING, SUCH SERVICES ARE PROVIDED BY THIRD PARTIES AND MAY BE LIMITED IN SCOPE. ANY BADGE, CHECK, OR VERIFICATION FEATURE PROVIDED THROUGH THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT, CERTIFICATION, OR GUARANTEE OF A USER’S TRUSTWORTHINESS, SAFETY, OR QUALIFICATIONS. USERS SHOULD EXERCISE THEIR OWN JUDGMENT WHEN INTERACTING WITH OTHERS THROUGH THE PLATFORM.

(g) THIRD-PARTY CONDUCT. KNACK CITY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THIRD PARTY. THIS INCLUDES, WITHOUT LIMITATION, ANY ACTS OF NEGLIGENCE, MISCONDUCT, HARASSMENT, FRAUD, THEFT, ASSAULT, OR OTHER UNLAWFUL BEHAVIOR BY CUSTOMERS, SERVICE PROVIDERS, OR OTHER INDIVIDUALS. YOU ACKNOWLEDGE THAT ANY INTERACTIONS WITH OTHER USERS, INCLUDING IN-PERSON INTERACTIONS, ARE AT YOUR OWN RISK.

EIGHTH.- User Content; Reviews; Feedback

(a) Your Responsibility. You are solely responsible for your User Content and the consequences of posting it.

(b) License to Knack City. You grant Knack City a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify (for formatting or operational purposes), publish, display, and distribute your User Content in connection with operating, improving, and marketing the Platform.

(c) Reviews and Ratings. Reviews and ratings reflect users’ opinions and experiences and do not constitute endorsements by Knack City.

(d) Feedback. If you provide suggestions or feedback, you grant Knack City the right to use them without restriction or compensation.

NINTH.- Intellectual Property

(a) Knack City IP. The Platform, including its software, interfaces, design, text, graphics, logos, and other content (excluding User Content), is owned by or licensed to Knack City and is protected by intellectual property laws.

(b) Limited License. Subject to these Terms, Knack City grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal or internal business purposes.

(c) Restrictions. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Platform.

TENTH.- Privacy

Knack City collects and processes personal data in connection with the Platform. Please review our Privacy Policy for information about what we collect, how we use it, and your choices.

ELEVENTH.- Third-Party Services; Payment Processors; App Stores

(a) Third-Party Services. The Platform may integrate with or rely upon third-party services, software development kits (SDKs), APIs, and providers, including without limitation payment processors, analytics providers, mapping and geolocation services, cloud hosting providers, push notification services, deep-linking/sharing services, identity verification providers, messaging providers, and mobile application distribution platforms. These services may include, without limitation, Google Maps, Firebase, Branch.io, the Apple App Store, and Google Play services.

Knack City does not own or control third-party services and is not responsible for the availability, accuracy, security, content, policies, or practices of such third parties. Your use of third-party services may also be subject to separate terms, conditions, and privacy policies maintained by those third parties.

(b) Payment Processor Terms. Payment processing services are provided by third-party payment processor(s) and are subject to their terms and privacy policies. You agree to comply with those terms.

(c) App Store Terms. If you access the Platform through a mobile application, you also agree to the terms of the applicable app store (e.g., Apple App Store, Google Play).

TWELFTH.- Suspension and Termination

(a) By You. You may stop using the Platform at any time. You may request deletion of your account at any time by contacting Knack City through the support/contact information provided on the Platform. Upon deletion, your access to the Platform and associated account features may be disabled immediately.

Certain account information and records may be retained for a reasonable period of time as part of our backup systems, dispute resolution processes, fraud prevention efforts, legal compliance obligations, enforcement of agreements, or other legitimate business purposes. In some cases, deleted accounts may be restored upon verified request by the account holder through our support channels, subject to applicable legal and operational requirements.

(b) By Knack City. Knack City may suspend or terminate your access to the Platform (including cancelling bookings, removing content, and restricting payouts as permitted by law) if we reasonably believe you violated these Terms, pose a risk to the Platform or other users, or as otherwise necessary to protect our interests, other users, or third parties.

(c) Effect of Termination. Upon termination, your rights to use the Platform cease. Sections intended to survive termination will survive, including payment obligations, disclaimers, limitations of liability, dispute resolution, and intellectual property provisions.

THIRTEENTH.- Disclaimers

(a) Platform Provided “As Is.” The Platform is provided on an “AS IS” and “AS AVAILABLE” basis.

(b) No Warranties. To the maximum extent permitted by law, Knack City disclaims all warranties and conditions, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and that the Platform will be uninterrupted, secure, or error-free.

(c) No Warranty Regarding Users or Services. Knack City does not warrant or guarantee any User’s identity, qualifications, conduct, or performance, or the quality, safety, legality, or suitability of Services.

FOURTEENTH.- Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KNACK CITY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM, THESE TERMS, ANY BOOKING, OR ANY SERVICES WILL NOT EXCEED THE GREATER OF: (I) THE AMOUNTS PAID TO KNACK CITY BY YOU IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (II) $100.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KNACK CITY WILL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE CONDUCT, ACTS, OR OMISSIONS OF ANY CUSTOMER, SERVICE PROVIDER, OR OTHER THIRD PARTY, OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, PROPERTY LOSS, OR OTHER HARM ARISING FROM OR RELATED TO ANY BOOKING OR SERVICE.

FIFTEENTH.- Indemnification

You agree to defend, indemnify, and hold harmless Knack City and its affiliates, and each of their directors, officers, employees, contractors, and agents, from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) your bookings, Services, or interactions with other Users; (c) your User Content; or (d) your violation of these Terms or applicable law.

SIXTEENTH.- Content Moderation; Communications Decency Act (47 U.S.C. § 230)

Knack City may, but is not required to, monitor, review, remove, or disable access to User Content at any time for any reason, including to enforce these Terms.

To the extent applicable, Knack City may be considered an “interactive computer service” provider under Section 230 of the Communications Decency Act, which provides certain protections for providers that host third-party content and for good-faith content moderation. See: 47 U.S.C. § 230 Protection For Private Blocking and Screening of Offensive Material.

SEVENTEENTH.- Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. It affects your rights and may require you to resolve disputes through binding arbitration rather than in court.

(a) Informal Resolution First. Before initiating arbitration or a court proceeding, you agree to contact Knack City and attempt to resolve the dispute informally. Notices should include: your name, the email associated with your account, a description of the dispute, and the relief sought. Notices to Knack City must be sent to contact@knackcity.com, unless a different method is stated on the Platform.

(b) Agreement to Arbitrate. Except as set out in Section 17(c) (Exceptions), you and Knack City agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your relationship with Knack City will be resolved by binding arbitration on an individual basis.

(c) Exceptions. Either party may: (i) bring an individual action in small claims court if eligible; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

(d) Arbitration Rules and Venue. The arbitration will be administered by AAA/JAMS under its applicable rules in effect at the time the arbitration is initiated. The arbitration may be conducted by telephone, video conference, written submissions, or in person in California, unless the parties agree otherwise.

(e) Arbitration Costs and Fees. Payment of filing, administration, and arbitrator fees will be governed by the administering organization’s rules and applicable law. The arbitrator may award fees and costs as permitted by law.

(f) Authority of Arbitrator. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable.

EIGHTEENTH.- Governing Law; Venue

These Terms are governed by the laws of the United States and, to the extent not preempted by federal law, the laws of the State of California, without regard to conflict-of-laws rules. Subject to Section 17 (Arbitration), the parties consent to exclusive jurisdiction and venue in the state and federal courts located in California.

NINETEENTH.- Changes to the Platform or Terms

Knack City may modify the Platform or these Terms from time to time. If we make material changes, we will provide notice as required by applicable law (e.g., by posting updated Terms and updating the “Last Updated” date, and/or by in-app notice). Your continued use of the Platform after the effective date of the updated Terms constitutes acceptance.

TWENTIETH.- Notices; Electronic Communications; Consent

(a) Electronic Communications. By using the Platform, you consent to receive communications from Knack City electronically (e.g., email, in-app notifications, text message where permitted). You agree that electronic communications satisfy any legal requirement that communications be in writing.

(b) Notices to Knack City. Notices to Knack City must be sent to contact@knackcity.com, unless a different method is stated on the Platform.

TWENTY-FIRST.- Miscellaneous

(a) Entire Agreement. These Terms (and any policies referenced, including the Privacy Policy) constitute the entire agreement between you and Knack City regarding the Platform.

(b) Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.

(c) No Waiver. A waiver of any provision is not a waiver of any other provision.

(d) Assignment. You may not assign these Terms without Knack City’s prior written consent. Knack City may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

(e) Force Majeure. Knack City is not liable for delays or failures due to events beyond its reasonable control.

(f) Contact. Questions about the Platform or these Terms may be submitted via contact@knackcity.com or through the support functionality made available within the Platform.