Terms of Use

OneTap Maintenance Terms and Conditions of Use

Effective Date: January 1, 2024

Table of Contents
1. Introduction
2. Service Limitations
3. Limitation of Liability
4. Disclaimer of Warranties
5. Force Majeure
6. User Obligations
7. Scope of Permissible Use
8. Data Privacy and Security
9. Dispute Resolution
10. Termination Rights
11. Governing Law
12. Amendments to Terms
13. General Provisions
14. Contact
15. Acknowledgement

1. Introduction
1.1. About Us: OneTap Maintenance (“OneTap,” “we,” or “our”) operates as a software and referral service connecting customers with maintenance, remodeling, and related service vendors (“Vendors”).
1.2. Limited Role: OneTap is not a service provider and does not perform or oversee the services rendered by Vendors. OneTap provides referrals based on customer requests and software tools for maintenance management.
1.3. Agreement: By accessing or using OneTap’s services, you (“Customer”) acknowledge and agree to these terms and conditions. Continuing to use the platform implies acceptance of the Terms and Conditions.

2. Service Limitations
2.1. No Guarantees: OneTap does not warrant or guarantee:

• The quality, suitability, or reliability of Vendors.
• The accuracy or completeness of information provided by Vendors.
• Any specific outcomes of Vendor services.

2.2. Customer Responsibility: Customers are solely responsible for:

• Verifying Vendor credentials, qualifications, and insurance.
• Ensuring that the services meet their expectations and requirements.

3. Limitation of Liability
3.1. General Liability Limitations: OneTap Maintenance’s liability, if any, shall be strictly
limited as follows:

• In no event will OneTap or its affiliates be liable for indirect, incidental, consequential, punitive, or special damages, including loss of profits, revenue, or data, even if advised of the possibility of such damages.
• OneTap’s total aggregate liability arising from or relating to the use of its services will not exceed the subscription fee paid by the customer in the twelve (12) months preceding the claim.

3.2. Third-Party Liability

• OneTap shall not be held liable for the actions, omissions, or negligence of any third-party Vendors or subcontractors referred to or engaged through the platform

3.3. Legal Exceptions

• Liability limitations apply only to the extent permitted by applicable law.

4. Disclaimer of Warranties
4.1. The OneTap Maintenance platform, including all content and services, is provided “as-is” and “as available” without warranties of any kind, either express or implied.
4.2. OneTap disclaims all warranties, including, but not limited to, merchantability, fitness for a particular purpose, and non-infringement.
4.3. OneTap does not guarantee uninterrupted access to the platform during maintenance, updates, or technical issues.
4.4. Users acknowledge and accept full responsibility for evaluating the suitability and risks associated with services obtained through Vendors. OneTap disclaims all responsibility for any outcomes arising from user reliance on such services.

5. Force Majeure
5.1. OneTap Maintenance shall not be liable for delays or failure to perform any obligations due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor strikes, or interruptions in telecommunications or internet service.

6. User Obligations
6.1. Users of the OneTap Maintenance platform agree to:

• Maintain secure access credentials and notify OneTap immediately of any unauthorized use.
• Enter accurate and up-to-date data into the platform.
• Comply with all applicable local, state, and federal laws when using the platform and engaging Vendors.
• Notify OneTap within 5 days of any data breaches or issues affecting their use of the platform.
• Periodically review and update credentials and profile information to ensure compliance with platform requirements.

7. Scope of Permissible Use
7.1. The OneTap Maintenance platform may only be used for lawful purposes. Unauthorized use includes, but is not limited to:

• Reverse engineering, decompiling, or attempting to extract source code.
• Using the platform to engage in activities that violate intellectual property rights or applicable laws.
• Reselling, sublicensing, or sharing access without prior authorization.

8. Data Privacy and Security
8.1. Data Security: OneTap will take reasonable steps to secure user data in compliance with applicable data protection laws, including the Tennessee Information Protection Act, CCPA, and GDPR as applicable.
8.2. User Responsibility: Users are responsible for maintaining backup copies of their data. OneTap disclaims liability for data loss beyond its reasonable control.
8.3. Encryption: All data is encrypted in transit and at rest using industry-standard methods.
8.4. Breach Notification: In the event of a data breach, OneTap will notify affected users promptly and in compliance with applicable laws.
8.5. Data Use and Monetization:

• Users acknowledge and agree that OneTap may collect, store, process, analyze, and use data submitted to or generated through the platform for any lawful purpose, including but not limited to:
  • Improving and enhancing platform features.
  • Conducting research and analysis.
  • Developing and marketing new services.
  • Training algorithms, artificial intelligence, or machine learning models.
  • Aggregating and anonymizing data for sale, sharing, or licensing to third parties.
• OneTap may also monetize data directly or indirectly by selling, licensing, or otherwise transferring anonymized or aggregated user data to third parties, including for commercial, advertising, and market research purposes.

8.6. Consent and Opt-Out: By using the platform, users consent to the collection, use, and monetization of their data as described herein. Where required by law, users may opt out of certain data-sharing activities by notifying OneTap in writing.
8.7. Compliance with Laws: OneTap will ensure that any use, sale, or sharing of data complies with applicable local, state, federal, and international data protection laws.
8.8. Consent: Users consent to the transfer, storage, and processing of their data to and from locations outside their jurisdiction, in accordance with applicable data protection laws.

9. Dispute Resolution
9.1. All disputes arising from these terms must undergo mediation before arbitration.
9.2. Arbitration will take place under the rules of the American Arbitration Association in Davidson County, Tennessee.
9.3. Mediation costs will be shared equally unless otherwise agreed.
9.4. Users retain the right to opt out of binding arbitration by providing written notice to OneTap within 30 days of agreeing to these terms.
9.5. Any claim or dispute arising under these Terms must be initiated within one (1) year from the date the cause of action arose, or it will be deemed permanently waived.

10. Termination Rights
10.1. OneTap reserves the right to suspend or terminate access to its platform for violations of these terms or unlawful activity.
10.2. Termination does not absolve users of any payment obligations incurred prior to termination.
10.3. Users will receive prorated refunds for any unused portions of prepaid subscriptions upon termination by OneTap, unless due to violations.

11. Governing Law
11.1. These Terms and Conditions are governed by the laws of the State of Tennessee, without regard to its conflict of law provisions.
11.2. Any claims or disputes must be resolved under Tennessee law.

12. Amendments to Terms
12.1. Right to Modify: OneTap Maintenance reserves the right to modify, amend, or update these Terms and Conditions at any time, at its sole discretion, without prior notice, except as required by applicable law.
12.2. Notification of Changes: Any material changes to these Terms will be communicated through reasonable means, which may include posting the updated Terms on our website or sending a notification to registered users via email.
12.3. User Acknowledgement: By continuing to access or use the platform after any changes become effective, you agree to be bound by the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the platform immediately.
12.4. Effective Date of Changes: Updates to the Terms will take effect on the date specified within the updated document and will not apply retroactively unless explicitly stated.
12.5. Users are responsible for periodically reviewing these Terms. The latest version of these Terms shall supersede all prior versions, agreements, or representations.

13. General Provisions
13.1. Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.2. Entire Agreement: These Terms, including all referenced policies, constitute the entire agreement between the parties regarding its subject matter and supersede any prior agreements.
13.3. Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

14. Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact us at:
OneTap Maintenance
General Support: support@onetapmaintenance.com
Phone: 629-289-2287

15. Acknowledgement
By using OneTap Maintenance’s services, you acknowledge that you have read, understood, and
agreed to these Terms and Conditions.