Terms of Service

These Terms of Service (“Terms”) govern your access to and use of FinerNest, including our website at finernest.com and related services (collectively, the “Service”), operated by FinerNest LLC (“FinerNest,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

PLEASE READ THESE TERMS CAREFULLY. They include a binding, individual ARBITRATION agreement and a CLASS-ACTION WAIVER (Section 16), a RELEASE OF CLAIMS and assumption of risk (Section 10), and limitations on our liability (Sections 13–14) that affect your legal rights.

FinerNest is an online marketplace that connects homeowners (“Homeowners”) with independent home-service providers (“Pros”) who publish their own rates. FinerNest is a neutral venue and technology platform only. We are not a contractor, home-improvement company, broker, or agent. We are not a party to, and take no part in, any agreement, communication, or transaction between a Homeowner and a Pro. We do not perform, supervise, direct, schedule, inspect, or control any home-improvement, repair, or other services, and we do not employ Pros. Any contract for services is solely between the Homeowner and the Pro.

Pros are independent businesses, not employees, agents, partners, or joint venturers of FinerNest. Nothing in these Terms creates an employment relationship, and FinerNest is not a joint employer of any Pro or of any worker a Pro engages. Pros are solely responsible for their own work, scheduling, taxes, insurance, tools, and compliance with applicable law, including, where relevant, California Labor Code and worker-classification rules.

FinerNest does not independently verify, and does not guarantee, the identity, licensing, insurance, certifications, qualifications, background, or work of any Pro, except where we expressly state otherwise in writing. Any profile information, ratings, reviews, badges, or labels (including terms such as “rated,” “reviewed,” “licensed,” or “insured”) are based on information supplied by Pros or by other users and are provided for convenience only. They are not a representation, warranty, endorsement, or recommendation by FinerNest. You are solely responsible for evaluating, and independently confirming, a Pro’s licensing, insurance, qualifications, and suitability before engaging them.

You must be at least 18 years old and able to form a binding contract to use the Service. When you create an account, you agree to provide accurate information and to keep it current. You are responsible for activity under your account.

We verify accounts by sending a one-time code via SMS through our telephony provider. By providing your phone number, you consent to receive service-related text messages. Message and data rates may apply. You can opt out of non-essential messages at any time; verification messages are required to use the Service.

As a Homeowner, you are responsible for independently confirming each Pro’s license, insurance, and qualifications; for agreeing on scope, price, materials, and timing directly with the Pro; for obtaining any required permits; and for providing safe access to your property. You assume responsibility for your selection of, and your dealings with, any Pro.

Pros represent that they hold all licenses, permits, registrations, and insurance required to perform the services they list, that they will maintain that insurance, and that their listings, rates, and credentials are accurate. Pros are solely responsible for the quality, safety, and legality of their work, for honoring published rates (subject to the materials and minimum-visit terms they disclose), and for compliance with all applicable law.

Pros set their own per-unit labor rates. FinerNest does not set, control, or guarantee any price. Pricing, materials, change orders, and any add-ons are agreed solely between the Homeowner and the Pro. Where materials are involved, the parties are responsible for agreeing on those costs directly. FinerNest may, in the future, facilitate bookings or payments; any such features will be governed by additional terms presented at that time. Using FinerNest is currently free for Pros.

You use the Service, and engage with Homeowners or Pros, at your own risk. To the fullest extent permitted by law, you release FinerNest and its members, officers, employees, and agents from any and all claims, demands, damages, and liabilities of every kind, known or unknown, arising out of or in any way connected with any interaction, dispute, service, act, or omission between a Homeowner and a Pro or any third party.

If you are a California resident, you expressly waive California Civil Code Section 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 understand and agree that this release applies to claims you do not know or suspect to exist at this time.

You agree not to:

• Post false, misleading, infringing, or unlawful content;
• Harass, defraud, or harm other users;
• Circumvent, scrape, or interfere with the Service or its security;
• Use the Service for any purpose prohibited by law.

You retain ownership of content you submit (such as profile text, photos, and license documents). You grant FinerNest a worldwide, non-exclusive, royalty-free license to host, display, and distribute that content for the purpose of operating and promoting the Service. You are responsible for having the rights to the content you upload.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FinerNest does not endorse any Pro and does not guarantee the quality, safety, legality, or outcome of any service arranged through the Service. Without limiting the foregoing, FinerNest does not conduct background checks and does not verify the credentials, licensing, or insurance of Pros unless expressly stated, makes no warranty regarding any Pro or any work performed, and disclaims all responsibility for the acts, omissions, conduct, or work of any Homeowner, Pro, or third party. We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.

TO THE FULLEST EXTENT PERMITTED BY LAW, FINERNEST WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR DATA, OR FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM YOUR USE OF THE SERVICE OR ANY INTERACTION BETWEEN HOMEOWNERS AND PROS. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS APPLY TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF FINERNEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND FORM AN ESSENTIAL BASIS OF THE BARGAIN. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless FinerNest and its members, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your content, any service you provide or receive, your interactions with any other user, or your violation of these Terms or any applicable law or third-party right.

Informal resolution first. Before bringing a formal claim, you agree to try to resolve the dispute informally by contacting us at support@finernest.com and allowing 30 days to reach a resolution.

Binding arbitration. Except for claims that qualify for small-claims court and claims for injunctive relief relating to intellectual property, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by a recognized arbitration provider under its consumer rules, rather than in court.

Class-action waiver. You and FinerNest agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@finernest.com with your name and a statement that you opt out. Opting out will not affect any other part of these Terms.

To the fullest extent permitted by law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim arose; otherwise, it is permanently barred.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the arbitration agreement in Section 16, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of those courts. Nothing in these Terms limits any non-waivable rights you may have under applicable consumer-protection law.

These Terms, together with our Privacy Policy, are the entire agreement between you and FinerNest regarding the Service and supersede any prior agreements. If any provision is found unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely. FinerNest is not liable for any failure or delay caused by events beyond our reasonable control. Sections that by their nature should survive termination (including Sections 10, 13, 14, 15, 16, and 17) will survive. Headings are for convenience only.

We may update these Terms from time to time. Material changes will be posted here with an updated “Last updated” date. Your continued use of the Service after changes take effect constitutes acceptance.

Questions about these Terms? Contact us at support@finernest.com.