DIRECT HOME SERVICE

Terms of Service

Last Modified: July 2024

1. Acceptance of Terms of Service

These Terms of Service (the “Agreement”) are by and between you and STWI Technologies LLC (“Company,” “we,” or “us”). The Agreement governs your access to and use of our business management platform for service providers (the “Platform”) and services (the “Services”) provided through our Site https://directhomeservice.com, including any content, functionality, and services (the “Site”), whether as a guest or a registered user.

Please read this Agreement carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Agreement when this option is made available to you, you accept and agree to be bound and abide by this Agreement and our Privacy Policy, incorporated herein by reference. If you do not want to agree to this Agreement or the Privacy Policy, you must not access or use the Site. If you are accessing and/or using the Services on behalf of a company (such as your employer) or other legal entity that is our customer, you agree to this Agreement on behalf of such company or other legal entity, and you represent and warrant that you have the authority to bind such company or other legal entity to this Agreement.  References to “you” or “your” in this Agreement refer to that company or other legal entity, our customer.  

The Site is controlled and operated by us from our offices within the United States. We do not represent or warrant that materials on the Site are appropriate or available for use in other locations. Accessing the Site from territories where its content may be illegal is prohibited.  Individuals accessing the Site from locations outside the United States do so at their own risk and are responsible for compliance with local laws.

We may update this Agreement from time to time.  By continuing to use this Site and the Services after the update, you accept the update in its entirety.  All updates are effective upon posting.  We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates. 

2. Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any Service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

3. Privacy Policy

Our privacy policy, which can be found at https://directhomeservice.com/privacy-policy/ (the “Privacy Policy”), describes how we may use your personal information.  By continuing to use this Site, you accept the Privacy Policy, which is incorporated into this Agreement by reference.  If you object to your personal information being used as described in the Privacy Policy, we kindly ask that you refrain from using the Site.

4. Billing and Account Information

Before we commence any Services, you are required to pay certain fees in advance, along with any applicable taxes, as detailed in your order.  All payments made to Company are non-refundable.  All payment processing is handled through a secure third-party payment processor.  By submitting your order, you grant us permission to charge your chosen method of payment (e.g., credit card) for the specified fees and relevant taxes.  Your submitted content, excluding credit card details, may be transferred unencrypted across various networks or undergo adaptations to meet the technical specifications of interconnected networks or devices.  However, we prioritize the security of your sensitive data.  All credit card information submitted through our platform is securely encrypted during any transfer over networks.  We may submit customer contact information and information related to the timeliness of customer’s payments to credit rating, credit reporting, or similar agencies.  

You are responsible for all payments of applicable taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever, however designated or incurred under this Agreement. Company retains the right to modify its fees and pricing structure at any given time.  Should you choose to continue use of our Services post any fee adjustment, it will be deemed as your acceptance of the revised pricing.

5. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.  Except for the express rights granted herein, Company does not grant any other licenses or access rights, whether express or implied, to any Company’s services, technology or intellectual property rights.

6. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail” “chain letter” “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

   

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site

By using Company’s Services, you agree to receive emails and text messages from us regarding the Services to which you have subscribed as well as promotions, and other notifications related to our Services.  These communications are intended to keep you informed about opportunities that may be of interest to you.  By providing your mobile phone number, you are expressly consenting and “opting in” to receive marketing text message via automated technology.  

If you decide at any time that you no longer wish to receive such communications, you have the option to opt out.  To unsubscribe from emails, you can follow the unsubscribe link provided at the bottom of each email.  To stop receiving text messages, you can reply with “STOP” to any message we send.  

Please note that opting out of these communications may affect your ability to receive important updates and offers about new services and features that may enhance your business management experience. 

8. Third-Party Links

Certain content, products and services available through our Services include services offered by third-parties.  Links on our Platform can lead you to external websites that are not under the control or affiliation of Company.  These links are provided for convenience and do not signify an endorsement of the third-party.

We neither evaluate, nor vouch for the accuracy, safety, or reliability of third-party services.  Consequently, we do not hold any liability or responsibility for any third-party sites or offerings.  This includes, but is not limited to, the content, policies, products, services, or any other aspect of third-party sites.  Engaging in transactions, be it for goods, services, or any other resources, on third-party sites is at your own risk.  Company will not be held accountable for any potential harm, damages, or losses arising from such interactions.

If you opt to use any third-party services, including but not limited to with respect to the exchange of data with such third party, you agree to waive and release Company from any claims directly or indirectly related thereto; and (ii) without limitation, defend, indemnify, and hold harmless Company from any third party claims directly or indirectly arising from or related to your use of third party services.  

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  If you have complaints, concerns, claims, or questions related to third-party products or services, you should approach the respective third-party directly, as Company does not have jurisdiction over such external entities. 

9. Referrals

Our Platform provides a referral program that allows users to refer new users to join our Platform.  Both the referrer and the referred user may receive benefits as outlined at our Site.  We do not verify the qualifications or the abilities of any referred users, and we do not endorse their services.  We are not liable for the referred users or the services they provide.  Participation in the referral program is at your own risk.

10. Platform Operations and Responsibility

You understand and agree that Company provides the Services as a platform only.  Company does not provide any home or commercial service directly and is not responsible for the actions of services by users of the Platform.

11. Free Trial Disclaimer

We may offer Services on a free trial basis to new or existing users.  These trials are provided “as-is” without any warranties and are intended for evaluative purposes only.  We are not liable for any damages, losses, or liabilities that arise from the use of Services offered during any free trial period. You engage with trial Services at your own risk and are encouraged to assess the suitability of the Services for your needs during this period.

12. Disclaimer of Warranties 

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND THE PLATFORM IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS AND AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR THE PLATFORM, ANY SITES LINKED TO THEM, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. COMPANY DISCLAIMS ALL LIABILITY FOR ANY ACTIONS TAKEN BY USERS OF THE PLATFORM AND THE SERVICES THAT THE PLATFORM PROVIDES, INCLUDING REFERRALS. THE PLATFORM IS INTENDED FOR USE AS A FACILITATION TOOL ONLY, AND COMPANY DOES NOT OVERSEE, VERIFY, OR ENDORSE THE SERVICES EXECUTED BY USERS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification 

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS AND AGENTS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR CONNECTED TO YOUR USE OF THE SERVICES, BREACH OF THIS AGREEMENT, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY RIGHTS.  THIS INDEMNIFICATION INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS RELATED TO THE SERVICES OFFERED THROUGH THE PLATFORM, YOUR ACTIONS, OR YOUR FAILURE TO UPHOLD LEGAL OR CONTRACTUAL STANDARDS OR OBLIGATIONS WITH YOUR CLIENTS OR CUSTOMERS, OR LIABILITIES ARISING FROM ANY REFERRALS YOU MAKE AND THE SERVICES PROVIDED BY THE SO REFERRED USERS OF THE PLATFORM. YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM.  WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.  

Termination of Services 

This Agreement is effective unless and until terminated by either you or us.  You may terminate this Agreement at any time by notifying us that you no longer wish to use the Services, or when you cease using the Site.  We reserve the right to terminate this Agreement at our sole discretion if we believe or suspect that you have breached, or are in breach of, any term or provision of this Agreement.  Such termination may be immediate and without prior notice. In the event of termination for this reason, you remain responsible for any outstanding obligations or amounts due up to and including the date of termination.  Any obligations and liabilities incurred before the termination date shall persist post-termination, especially if their nature implies they should survive beyond the termination of this Agreement.

Digital Millennium Copyright Act

We take claims of copyright infringement seriously.  We will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials from this Site by submitting written notification to our agent designated below.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: 

(1) your physical or electronic signature; 

(2) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works; 

(3) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; 

(4) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); 

(5) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; 

(6) a statement that the information in the written notice is accurate; and 

(7) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent to receive DMCA Notices is:

STWI Technologies
Attn: Copyright Agent
1755 N. Pebblecreek Parkway, #1139
Goodyear, AZ 85395

15. Governing Law and Jurisdiction

All matters relating to the Site and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the Phoenix, Arizona and Maricopa County, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Assignment

This Agreement and the rights and obligations herein are personal to you, and you may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, without our prior written consent.  We may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or stock.17

17. Waiver and Severability

No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect. 

Force Majeure 

If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to, pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.

18. Entire Agreement

The Agreement and our Privacy Policy constitute the sole and entire agreement between you and STWI Technologies LLC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. 

Your Comments and Concerns

This Site is operated by STWI Technologies, 1755 N. Pebblecreek Parkway, #1139 Goodyear, Arizona, 85395.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: support@directhomeservice.com