The terms for using Click N Clear.

Services

As used in these Terms and Conditions, “Services” means landscaping, snowplowing, snow removal, and related property maintenance services available through the App, including but not limited to: (a) routine grounds maintenance including lawn mowing, edging, and trimming, pruning, mulching, planting, weeding, fertilization, and general landscape upkeep; (b) seasonal services, including leaf removal; (c) snow and ice management services, including snow plowing, snow removal, salting, sanding, or de-icing; and (d) any related or incidental services customarily performed in connection with commercial or residential landscaping and property maintenance. “Customer” or “You” refers to any individual or entity that accesses or uses the App to request Services.

Privacy

Your use of the App is also governed by our Privacy Policy, which describes how Nickel City Click N Clear, LLC (“Company”) collects, uses, stores, and shares your personal information in connection with the App. The Privacy Policy is hereby incorporated into these Terms and Conditions. Solely with respect to the handling of personal information, the Privacy Policy controls unless these Terms and Conditions provide more specific data-handling obligations. These Terms and Conditions otherwise remain controlling as to commercial and operational terms. Please review our Privacy Policy at https://nickelcityclicknclear.com/privacy-policy. Company reserves the right, and you authorize Company, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy. Company may update the Privacy Policy from time to time, and the updated version will be posted at the URL above. If you have questions about our data practices or would like to request a copy of the Privacy Policy, please contact us using the information provided in these Terms and Conditions.

App Content

The App is provided on an “as is” basis and may use internet services that are not under Company’s direct control. Company does not warrant that the descriptions, pricing, or other content on the App are accurate, complete, or current. Company reserves the right to correct errors and to cancel any orders that were placed using incorrect descriptions or pricing. Company does not warrant that the App or its features will be accessible at all times or that it will function in an error free manner. Company reserves the right to cease operating the App or any of its features at any time.

Access to the App

To access the App, App resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to the App, or to any of its resources, and to suspend or terminate your access at any time.

Applicable Use of the App

Company grants you a limited, revocable, nonexclusive license to use the App solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. As a condition of your use of the App, you warrant to Company that you will not use the App for any purpose that is unlawful, immoral, or otherwise prohibited by these Terms and Conditions.

No Unlawful Access

You agree that you will not use Company's App in any manner that could in any way disable, overburden, damage, or impair the App or otherwise interfere with any other party's use and enjoyment of the App. You further agree not to copy content from the App, reverse engineer or hack into the App, or use materials, products or services in violation of any law. Your use of the App is at the discretion of Company who may terminate your access and use at any time.

Technology Marketplace

The App is a technology marketplace only. Company provides a software platform that facilitates connections between Customers and independent Contractors. Company does not itself provide, perform, supervise, direct, or control any Services, and is not a landscaping company, snow removal contractor, general contractor, employer, or supervisor of any Contractor. Company’s role is strictly limited to providing access to the App, facilitating the exchange of information between Customers and Contractors, and coordinating payment processing and administrative functions related to completed Services. Company does not guarantee the availability, quality, safety, timeliness, or suitability of any Services, nor does Company endorse, certify, or warrant any Contractor. By using the App, you acknowledge and agree that any contract for Services is between you and the Contractor, and that Company is not a party to such contract. Company does not set Contractor work schedules, dictate the manner or methods by which Contractors perform Services, provide tools or equipment to Contractors, or exercise any supervision or direction over Contractors.

Independent Contractors

Company does not perform Services and does not employ the individuals or businesses that provide Services. All Services are performed by independent contractors (“Contractors”) who are not employees, partners, agents, joint venturers, or representatives of Company for any purpose. Contractors operate their own independent businesses, use their own equipment, set their own schedules, determine their own methods and routes, and are free to accept or decline any service request in their sole discretion. Company does not train, supervise, direct, or control how Contractors perform Services. Customer acknowledges and agrees that: (i) Contractors are independent businesses solely responsible for the performance, quality, and safety of Services; (ii) Company has no authority to direct the manner, means, or methods by which Contractors perform Services; (iii) Company does not guarantee that any Contractor will accept any service request; (iv) Contractors may use their own employees, subcontractors, or helpers; and (v) Contractors may simultaneously provide services to other customers, platforms, or businesses, including competitors of Company.

Contractor Insurance and Verification

As a condition of accessing and using the App, all Contractors are required under their Independent Contractor Agreement with Company to maintain the following insurance coverage:

1. (a) General Liability Insurance. Each Contractor is required to maintain general liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate, covering bodily injury, property damage, personal injury, and contractual liability arising out of the performance of Services.
2. (b) Commercial Automobile Liability Insurance. Each Contractor is required to maintain commercial automobile liability insurance covering all vehicles used in connection with Services, with limits of not less than $1,000,000 combined single limit per accident for bodily injury and property damage.
3. (c) Workers’ Compensation. Each Contractor is required to maintain workers’ compensation insurance as required by applicable law, or to provide proof of valid legal exemption.
4. (d) Insurance Verification and Enforcement. Company requires proof of insurance from all Contractors prior to activation on the App and may periodically verify that coverage remains in effect. Company reserves the right to immediately suspend or deactivate any Contractor whose insurance lapses, is cancelled, or fails to meet minimum requirements. However, Customer acknowledges and agrees that: (i) Company does not guarantee or warrant that any Contractor’s insurance is in force at the time Services are performed; (ii) Company is not liable for any gap in Contractor insurance coverage; (iii) insurance verification by Company does not create any duty, agency, or employment relationship between Company and Contractor; and (iv) Customer’s primary remedy for damage or injury caused by a Contractor’s performance of Services is against the Contractor and the Contractor’s insurer. Nothing in this subsection limits any claim against Company arising from Company’s own gross negligence, willful misconduct, or fraud, or any right that cannot be waived under applicable law.
5. (e) Additional Insured and Policy Protections. Each Contractor is required to name Company as an additional insured on its general liability policy and, where available, its commercial automobile liability policy. Such policies must be primary and non-contributory as to Company and include a waiver of subrogation in favor of Company. Contractors may not cancel any required coverage without providing Company at least thirty (30) days’ prior written notice.

Service Requests

Customers may submit service requests through the App by providing information regarding service type, location, property size, conditions, and requested scope of work. Company may make your service request available to one or more Contractors who may choose to accept the service request through the App. You represent that all information you provide is accurate and complete to the best of your knowledge.

Right to Refuse or Discontinue Services

Contractor may, in Contractor’s sole discretion, refuse to commence or discontinue any Services where Contractor reasonably determines that: (a) conditions at or affecting the job site are or may be unsafe, hazardous, or pose a risk to persons, property, or equipment; (b) the requested Services or the manner in which the Customer requests they be performed would violate any applicable federal, state, or local law, regulation, ordinance, or code, including noise ordinances, pesticide or chemical-application restrictions, tree-preservation requirements, permitting requirements, or parking or access restrictions; (c) the requested Services would violate applicable homeowners’ association (HOA) rules, covenants, conditions, or restrictions, or other property-use limitations that the Customer has disclosed or that are reasonably apparent; or (d) the Customer engages in conduct that is abusive, threatening, harassing, or otherwise creates an unsafe or hostile environment for the Contractor or Contractor’s employees or agents. Company may likewise cancel, refuse to process, or withdraw any service request through the App where Company reasonably determines that any of the foregoing conditions exists, or that the request involves fraudulent, illegal, or abusive activity. In the event Services are refused or discontinued under this Section, Customer’s sole remedy shall be a refund of amounts paid for Services not performed. Neither Company nor Contractor shall be liable for any delay, non-performance, or cancellation resulting from a good-faith refusal or discontinuance under this Section. A Contractor’s exercise of the right to refuse or discontinue Services under this Section is consistent with Contractor’s status as an independent contractor and shall not adversely affect Contractor’s ratings, marketplace visibility, or account standing on the App.

Pricing

All Services made available to Customers through the App are priced on a per-job basis. For each service request, Company may display a non-binding price range or estimated price based on objective, neutral factors such as service type, location, property size, estimated scope of work, estimated time to complete the Services, weather conditions, and other similar criteria. Any price range or estimate displayed on the App is provided solely to support price predictability and does not constitute a price set, approved, or controlled by Company. Contractors are independent businesses that if they elect to bid, independently select their bid amount, in their sole discretion, from within the displayed range made available through the App. A service request shall be deemed awarded only upon the Customer’s affirmative acceptance of the Contractor’s bid through the App, and the Contractor’s bid as so accepted shall constitute the agreed per-job price for that service request. The agreed-upon per-job price applies solely to the specific service request accepted and does not create any expectation, entitlement, or obligation with respect to future service requests. Prices displayed on the App are estimates only; the binding price for any service request is the Contractor’s bid as accepted by the Customer through the App.

Price Adjustments Based on Actual Conditions

If, upon arrival at the job site, the Contractor reasonably determines in good faith that the actual site conditions materially differ from those represented in the service request—including but not limited to lawn height, property size, snow depth, ice conditions, access limitations, obstructions, or other conditions that materially increase the time, labor, equipment, or resources required to perform the Services—the Contractor may submit to the Customer, through the App, a proposed adjustment to the agreed-upon price (the “Price Adjustment”), accompanied by a written explanation of the differing conditions and the basis for the requested Price Adjustment, before commencing or continuing the Services. Company may review any requested Price Adjustment, facilitate its processing, or decline to process it if Company determines that it is inconsistent with Customer disclosures. No Price Adjustment shall be effective until it is disclosed through the App and expressly accepted by the Customer. The Customer is not obligated to accept any Price Adjustment, and the Contractor shall not be required to perform the Services at the originally agreed-upon price where a material discrepancy exists.

Payments and Refunds

Payments are processed electronically through the App using a third‑party payment processor. By using the App, you authorize Company to charge your selected payment method for approved service fees, applicable taxes, and any authorized adjustments or modifications. Company collects payment from Customers as the Contractor’s limited payment collection agent, and a Customer’s payment to Company is deemed payment made directly to the Contractor and satisfies the Customer’s payment obligation for the applicable Services.

Company disburses amounts owed to Contractors through the Contractor Wallet, as defined in the Independent Contractor Agreement.

In the event of any conflict between these Terms and Conditions and applicable law, applicable law will control.

Refunds, if any, are handled in accordance with Company’s refund and dispute procedures. If you believe you are entitled to a refund or wish to dispute a charge, you must submit a written request through the App or by contacting Company at the email address provided in these Terms and Conditions within thirty (30) days of the date the applicable Service was performed or the charge was processed, whichever is later, or, if later, within thirty (30) days after the date on which the issue giving rise to the request was or reasonably should have been discovered by Customer. Your request must include a description of the issue, supporting documentation (including photographs, if applicable), and the amount in dispute. Company will review all properly submitted disputes and use commercially reasonable efforts to respond within thirty (30) days. Company’s determination regarding any refund or dispute shall be final and binding, subject to your rights under applicable law. Refunds, if approved, will be credited to the original payment method and may take up to ten (10) business days to process. Nothing in this Section limits any right Customer may have that cannot be waived under applicable law, including the federal Fair Credit Billing Act.

Refunds will generally be granted where Services were paid for but not performed, or were materially deficient and Contractor and Company were given a reasonable opportunity to cure. Refunds may be denied, in whole or in part, where: (a) Services were performed and verified through GPS, photographic, or timestamp records; (b) the dispute arises from Customer’s failure to provide safe or lawful access to the property; (c) the dispute arises from Customer’s failure to accurately disclose site conditions or hidden hazards; (d) Customer failed to submit a timely, properly documented request; or (e) the claim is determined to be fraudulent, baseless, or filed in bad faith. Nothing in these Terms and Conditions limits any right Customer may have that cannot be waived under applicable law, including the federal Fair Credit Billing Act.

Chargebacks and Payment Disputes

Customer acknowledges that all payments processed through the App are subject to the terms and policies of Company’s designated third-party payment processor. Customer agrees to the following with respect to chargebacks, payment disputes, and reversals:

1. (a) Good Faith Dispute Resolution. Before initiating any chargeback or payment dispute with your bank, credit card company, or payment provider, Customer must first submit a dispute through the App and allow Company a reasonable opportunity (not less than fifteen (15) business days) to investigate and resolve the issue. Initiating a chargeback without first exhausting the App’s dispute resolution process shall constitute a breach of these Terms and Conditions. Nothing in this Section waives or limits any chargeback or billing-dispute right that Customer cannot lawfully waive under applicable law, including the federal Fair Credit Billing Act; this Section establishes the parties’ agreed dispute-resolution process and the consequences of bad-faith or fraudulent chargebacks. The internal dispute-resolution process described in this Section does not extend, shorten, or override any deadline that Customer must meet to preserve any chargeback, billing-dispute, or other right that cannot be waived under applicable law, and if compliance with this process would cause Customer to miss any such deadline, Customer may initiate a chargeback or payment dispute as necessary to preserve that right.
2. (b) Fraudulent Chargebacks. If Customer initiates a chargeback or payment reversal that Company reasonably determines, based on available evidence (including GPS data, photographs, timestamps, and Contractor records), to be fraudulent, baseless, or filed in bad faith, Company may: (i) immediately suspend or terminate Customer’s account; (ii) pursue recovery of the disputed amount plus any associated administrative, processing, or chargeback fees imposed on Company; (iii) report the activity to applicable fraud prevention databases; and (iv) pursue all available legal remedies.
3. (c) Chargeback Fees. Customer acknowledges that chargebacks and payment reversals impose processing fees and administrative costs on Company and Contractors. If a chargeback is filed without first using the App’s dispute process as required by this Section, or is determined to be fraudulent, baseless, or filed in bad faith, Customer agrees to reimburse Company for all associated chargeback fees, administrative costs, and processing expenses actually incurred by Company, which may be recovered by charging Customer’s payment method on file or by any other lawful means. Company shall not seek reimbursement of such fees or costs for a chargeback or billing dispute to the extent Customer is exercising a right that cannot be waived under applicable law, including the federal Fair Credit Billing Act.
4. (d) Effect on Account Standing. Repeated chargebacks, payment disputes, or a pattern of disputed charges may, in Company’s sole discretion, result in: (i) limitations on future service requests; (ii) requirement to prepay for Services; (iii) temporary or permanent account suspension; or (iv) permanent account termination. Company’s determination of account standing shall be final.

Customer Responsibilities

Customer agrees to: (a) provide safe, lawful, and reasonable access to the subject property; (b) remove personal items or hazards from service areas when reasonably possible; (c) comply with applicable local rules, HOA requirements, or property restrictions; (d) ensure pets, children, and bystanders are kept at a safe distance during performance of Services; (e) accurately disclose all known site conditions, obstructions, and property features that could affect the performance of Services; (f) notify Company and Contractor of any unsafe conditions on or adjacent to the property, including but not limited to uneven terrain, sinkholes, low-hanging wires, unstable structures, or hazardous materials; (g) ensure all areas to be serviced are accessible and free from obstructions that could interfere with equipment or endanger Contractor; and (h) acknowledge that Customer, not Company, is solely responsible for the accuracy and completeness of information provided in connection with any service request, and that inaccurate, incomplete, or misleading information may result in Price Adjustments, service refusal, account suspension, or forfeiture of dispute rights.

Customer further represents and warrants that Customer owns the subject property or otherwise has full legal authority and all necessary permissions to request and authorize the performance of Services at the property, including the authority to bind any owner, landlord, tenant, homeowners’ association, or other party in interest with respect to the Services.

Hidden Hazards and Site Condition Disclosure

Prior to the performance of any Services, Customer shall identify, mark, and disclose to Company and Contractor all hidden hazards, underground features, and unmarked property conditions that could be damaged during the performance of Services or that could pose a risk to Contractor, including but not limited to: sprinkler heads and irrigation system components, underground wires, cables, or conduits, invisible pet fences, septic system components and drain lines, curbing and landscape edging, buried objects and debris, tree stumps and root systems, decorative elements (including lawn ornaments, solar lights, garden stones, and seasonal decorations), retaining wall footings, utility markers, cable or fiber optic lines, and any other features that are not readily visible or apparent. This obligation is especially critical for snow removal, plowing, and de-icing services, where hidden features may be obscured by snow, ice, or debris.

Customer acknowledges and agrees that: (i) Contractor has no obligation to inspect, survey, or probe the property for hidden hazards or underground features prior to commencing Services; (ii) markings must be visible, durable, and placed in a manner that is reasonably identifiable to Contractor given weather and site conditions; (iii) where Services are performed on more than one occasion, Customer must re-mark hazards prior to each service visit or confirm in writing through the App that prior markings remain accurate and in place; and (iv) Customer’s failure to mark, disclose, or update hazard information shall constitute a material breach of these Terms and Conditions.

CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER COMPANY NOR CONTRACTOR SHALL BE LIABLE FOR ANY DAMAGE TO PROPERTY, FIXTURES, LANDSCAPING FEATURES, UNDERGROUND SYSTEMS, OR OTHER ITEMS THAT WERE NOT PROPERLY IDENTIFIED, MARKED, OR DISCLOSED BY CUSTOMER PRIOR TO THE PERFORMANCE OF SERVICES. CUSTOMER ASSUMES ALL RISK OF DAMAGE TO UNMARKED, UNDISCLOSED, OR HIDDEN PROPERTY FEATURES AND WAIVES ANY AND ALL CLAIMS AGAINST COMPANY AND CONTRACTOR FOR SUCH DAMAGE. CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND CONTRACTOR FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED TO CUSTOMER’S FAILURE TO DISCLOSE, MARK, OR IDENTIFY HIDDEN HAZARDS OR SITE CONDITIONS AS REQUIRED UNDER THESE TERMS AND CONDITIONS. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS AND SHALL APPLY REGARDLESS OF WHETHER THE DAMAGE WAS FORESEEABLE.

CUSTOMER SHALL ALSO BE RESPONSIBLE FOR, AND SHALL REIMBURSE CONTRACTOR AND COMPANY FOR, ANY DAMAGE TO CONTRACTOR’S OR COMPANY’S EQUIPMENT, VEHICLES, TOOLS, OR MACHINERY ARISING FROM OR RELATED TO ANY HIDDEN HAZARD, UNDERGROUND FEATURE, OR SITE CONDITION THAT CUSTOMER FAILED TO IDENTIFY, MARK, OR DISCLOSE AS REQUIRED UNDER THESE TERMS AND CONDITIONS. SUCH RESPONSIBILITY SHALL INCLUDE, WITHOUT LIMITATION, ALL REASONABLE COSTS OF TOWING, REPAIR, AND RECOVERY OF THE AFFECTED EQUIPMENT, VEHICLES, TOOLS, OR MACHINERY; THE REASONABLE COST OF RENTING OR OTHERWISE OBTAINING REPLACEMENT EQUIPMENT WHILE THE AFFECTED EQUIPMENT IS BEING REPAIRED OR REPLACED; AND REASONABLE DAMAGES FOR LOSS OF USE OF THE AFFECTED EQUIPMENT DURING THE PERIOD OF REPAIR OR REPLACEMENT. THIS OBLIGATION SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.

GPS, Photo, and Data Verification

Customer acknowledges and agrees that Company and/or Contractor may use GPS location tracking, geotagging, timestamped photographs, and other verification technology in connection with the performance of Services. Specifically, Customer acknowledges the following:

1. (a) Before-and-After Photographs. Contractor shall submit timestamped, geotagged before-and-after photographs of the service area, captured before commencing and after completing Services. These photographs serve as verification of service completion, quality, and site conditions. Customer consents to the capture of such photographs on or of Customer’s property.
2. (b) GPS Location Verification. Company may use GPS or other geolocation technology to verify that Contractor arrived at and performed Services at the designated service location. Customer consents to the use of such technology in connection with service requests submitted by Customer.
3. (c) Evidentiary Use. Customer acknowledges and agrees that GPS data, photographs, timestamps, and other verification records maintained by Company or Contractor may be used as evidence in any dispute, chargeback proceeding, complaint investigation, or claim arising out of or related to Services performed at Customer’s property, and that Customer will not object to the admissibility of such records on the basis of authentication or hearsay to the extent they are Company or Contractor business records. Such records shall be given such weight as the arbitrator, court, or other decision-maker determines to be appropriate. Nothing in this Section alters the applicable burden or standard of proof or limits any right that cannot be waived under applicable law.
4. (d) No Tampering. Customer shall not obstruct, interfere with, or tamper with any GPS tracking, photographic verification, or other monitoring technology used by Contractor or Company in connection with the Services. Any attempt to manipulate, falsify, or interfere with verification records shall constitute a material breach of these Terms and Conditions and may result in immediate account termination, forfeiture of refund rights, and liability for resulting damages.
5. (e) Additional Data Collection. Customer acknowledges and agrees that, in connection with the App and the Services, Company and/or Contractor may also collect, record, and retain written communications between Customer, Contractor, and Company (including in-App messages, chat, email, and call records), and device and technical information (including device identifiers, IP address, operating system, and app-usage data), in addition to GPS and location information. The App itself does not record audio or video; any audio or video recordings arise from third-party or Contractor-owned systems as described in subsection (h) below. Customer consents to such collection, recording, and use as described in these Terms and Conditions and the Privacy Policy.
6. (f) Fraud Detection and Prevention. Customer acknowledges and agrees that Company may use GPS data, photographs, timestamps, communications, device information, and other records for fraud detection and prevention, identity and account verification, dispute and chargeback investigation, safety, quality assurance, and enforcement of these Terms and Conditions, including sharing relevant records with payment processors, card networks, insurers, fraud-prevention databases, and law enforcement.
7. (g) Record Retention. Customer acknowledges and agrees that Company and Contractor may retain the foregoing records for as long as necessary to fulfill the purposes described in these Terms and Conditions and the Privacy Policy, to comply with applicable legal, tax, insurance, and regulatory obligations, and to establish, exercise, or defend legal claims.
8. (h) Third-Party and Contractor Recordings. Customer acknowledges that, although the App itself does not record audio or video, the Services and the surrounding area may be recorded by third-party or Contractor-owned systems not controlled by Company, including Customer, neighboring, or nearby doorbell, security, or surveillance cameras, and cameras used independently by Contractors, such as dash cameras or cameras mounted on their vehicles or equipment. Customer acknowledges and agrees that any such recordings that come into the possession of Company or Contractor may be used and disclosed as verification records under this Section, including as evidence in any damage claim, service dispute, chargeback proceeding, complaint investigation, safety incident, or fraud investigation arising out of or related to the Services. Company does not own, operate, or control third-party recording systems and does not guarantee that any recording will exist or be available. Customer consents to the use of such recordings for the purposes described in these Terms and Conditions and represents that, where Customer operates recording devices on its property, Customer will do so in compliance with applicable law, including any applicable notice or consent requirements.

Property Damage and Complaints

If you believe property damage or service issues have occurred, you must report the issue(s) promptly through the App. Company may facilitate communication with the Contractor, but Company does not guarantee resolution and is not responsible for the Contractor’s acts or omissions.

No Warranties

Customer understands that Services are provided by independent Contractors. Company makes no warranties of any kind, either express or implied, regarding the quality, safety, or suitability of Services provided by Contractors.

Company does not warrant that the functions or content contained on the App will be uninterrupted or error-free, that defects will be corrected, or that the App or the server that makes it available are free of viruses or other harmful components. Company does not warrant or make any representation regarding use, or the result of use, of any content in terms of accuracy, reliability, or otherwise. Customer acknowledges that the content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. Customer assumes the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage arising from the use of the App or its content. Company makes no warranties that Customer’s use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

Disclaimer

Customer understands that use of the App is at their own risk. The content and information on the App is provided on an “as is,” “as available” basis. Company disclaims all warranties of any kind, either expressed or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement to the fullest extent permitted by law. Customer’s sole and exclusive remedy relating to its use of the App shall be to discontinue using the App. Company further disclaims any responsibility to ensure that the content located on its App is necessarily complete and up-to-date.

CUSTOMER KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS ASSOCIATED WITH REQUESTING AND RECEIVING SERVICES THROUGH THE APP, INCLUDING WITHOUT LIMITATION RISKS ARISING FROM PROPERTY CONDITIONS, WEATHER, SNOW AND ICE, AND THE ACTS OR OMISSIONS OF CONTRACTORS, AND AGREES THAT COMPANY IS NOT RESPONSIBLE FOR ANY SUCH RISKS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO: (I) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING FROM THE PERFORMANCE OF SERVICES BY CONTRACTORS; (II) ACTS OR OMISSIONS OF CONTRACTORS, INCLUDING THE QUALITY, SAFETY, OR TIMELINESS OF SERVICES; (III) DELAYS, SERVICE INTERRUPTIONS, CANCELLATIONS, OR WEATHER-RELATED ISSUES; (IV) DAMAGE TO HIDDEN, UNMARKED, OR UNDISCLOSED PROPERTY FEATURES; AND/OR (V) THE APP, YOUR USE OF THE APP, OR THE APP’S CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. FOR THE AVOIDANCE OF DOUBT, THIS EXCLUSION DOES NOT APPLY TO DIRECT OR ACTUAL DAMAGES, WHICH ARE SUBJECT TO THE LIABILITY CAP SET FORTH BELOW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS FOR DIRECT OR ACTUAL DAMAGES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE SERVICES OUT OF WHICH LIABILITY AROSE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500). ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM, OR, IF LATER, WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE CLAIM WAS OR REASONABLY SHOULD HAVE BEEN DISCOVERED, OR SUCH CLAIMS SHALL BE FOREVER BARRED. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS A TECHNOLOGY PLATFORM THAT DOES NOT ITSELF PERFORM SERVICES, AND THAT THE LIMITATIONS SET FORTH IN THIS SECTION REFLECT A FAIR ALLOCATION OF RISK BETWEEN THE PARTIES.

NOTHING IN THIS SECTION SHALL LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR ANY OTHER LIABILITY TO THE EXTENT IT MAY NOT LAWFULLY BE LIMITED. NOTHING IN THIS SECTION LIMITS ANY RIGHT CUSTOMER MAY HAVE UNDER THE FEDERAL FAIR CREDIT BILLING ACT OR ANY OTHER NON-WAIVABLE RIGHT UNDER APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION DO NOT APPLY TO CLAIMS FOR PERSONAL INJURY TO THE EXTENT SUCH LIMITATIONS WOULD BE UNCONSCIONABLE OR UNENFORCEABLE UNDER APPLICABLE LAW. IF ANY PORTION OF THIS SECTION IS HELD UNENFORCEABLE, THE REMAINDER SHALL CONTINUE IN FULL FORCE AND EFFECT AND THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIM, DAMAGE, AND EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR RELATED TO: (I) YOUR USE OR MISUSE OF THE APP; (II) FALSE OR INACCURATE INFORMATION YOU PROVIDE TO COMPANY OR CONTRACTOR; (III) FAILURE TO PROVIDE SAFE ACCESS TO THE PROPERTY; (IV) FAILURE TO DISCLOSE, MARK, OR IDENTIFY HIDDEN HAZARDS, UNDERGROUND FEATURES, OR SITE CONDITIONS AS REQUIRED UNDER THESE TERMS AND CONDITIONS, INCLUDING ANY DAMAGE TO CONTRACTOR’S OR COMPANY’S EQUIPMENT, VEHICLES, OR TOOLS RESULTING THEREFROM; (V) ANY PERSONAL INJURY, PROPERTY DAMAGE, OR LOSS ARISING FROM YOUR ACTS OR OMISSIONS; (VI) YOUR REQUEST FOR OR AUTHORIZATION OF SERVICES WITHOUT LEGAL AUTHORITY OVER THE PROPERTY; AND (VII) ANY VIOLATION OR BREACH OF THESE TERMS AND CONDITIONS.

Force Majeure

Neither Company nor Contractor shall be liable for any delay, failure to perform, or interruption of Services resulting from causes beyond their reasonable control, including but not limited to: extreme weather conditions (including blizzards, ice storms, heavy snowfall, flooding, extreme heat, or other severe weather events), natural disasters, acts of God, pandemics or public health emergencies, government orders or restrictions, road closures, declared states of emergency, power outages, equipment failures caused by weather or other external forces, salt or material shortages, fuel shortages, labor shortages, carrier delays, acts of terrorism, civil unrest, or any other event beyond the reasonable control of the affected party. In the event of a force majeure occurrence, the affected party’s obligations shall be suspended for the duration of the event, and no party shall be liable for any resulting delay or non-performance. Company shall use commercially reasonable efforts to notify Customers through the App of any material service disruptions caused by force majeure events.

Customer further acknowledges that Services may be delayed, rescheduled, suspended, canceled, or become unavailable due to severe or inclement weather, unsafe site or working conditions, equipment failures, or Contractor availability. Company does not guarantee that any Contractor will be available to accept or perform any service request, and neither Company nor Contractor shall be liable for any delay in, or the unavailability, rescheduling, suspension, or cancellation of, Services under such circumstances. Contractor may, in its sole discretion, decline, suspend, or discontinue Services where Contractor determines that conditions are or may be unsafe, and Customer’s sole remedy for any such delay or cancellation shall be a refund of amounts paid for Services not performed.

Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, YOUR USE OF THE APP, OR ANY SERVICES REQUESTED OR RECEIVED THROUGH THE APP, INCLUDING ANY DISPUTE REGARDING THE EXISTENCE, SCOPE, OR VALIDITY OF THIS AGREEMENT TO ARBITRATE (COLLECTIVELY, “DISPUTES”), SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES THEN IN EFFECT, RATHER THAN IN COURT. YOU AND COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY. THE ARBITRATION SHALL TAKE PLACE IN ERIE COUNTY, NEW YORK, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE. THE ARBITRATOR SHALL APPLY NEW YORK LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT AND APPLICABLE STATUTES OF LIMITATION AND SHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

Notwithstanding the foregoing, either party may bring an individual claim in a small claims court of competent jurisdiction so long as the claim qualifies and remains in that court. In addition, Customer may opt out of this agreement to arbitrate by sending written notice to Company at the email address provided in these Terms and Conditions within thirty (30) days after first accepting these Terms and Conditions. Such notice must include Customer’s name, account information, and a clear statement that Customer wishes to opt out of arbitration. If Customer timely opts out, the class action waiver and jury trial waiver in this Section shall not apply to Customer, and Disputes shall be resolved exclusively in the courts identified in the Governing Law and Venue section.

In addition, either party may seek temporary or preliminary injunctive or other equitable relief in the state courts located in Erie County, New York, or the United States District Court for the Western District of New York, as provided in the Governing Law and Venue section, to prevent actual or threatened breach of the provisions of these Terms and Conditions relating to proprietary information, intellectual property, account security, or fraud, without first submitting the matter to arbitration and without waiving the right to arbitrate the underlying dispute. Any court proceeding authorized by this paragraph is limited to the specific equitable relief sought and shall not affect the parties’ obligation to arbitrate the merits of the underlying dispute.

CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST COMPANY. If any court or arbitrator determines that this class or collective action waiver is void or unenforceable as to any claim, that claim shall proceed in court under the Governing Law and Venue section, but the remainder of the agreement to arbitrate shall remain in full force and effect for all other claims.

Proprietary Information

All content on the App, including without limitation graphics, logos, trademarks, images, and software is, and shall continue to be, the intellectual property of Company or of the party that created and/or licensed the content to Company, and is protected under applicable copyright, patent, trademark, and other proprietary rights. No rights or title to any of the Company’s intellectual property contained on the App shall be considered transferred or assigned to the Customer at any time. Any copying, redistribution, use, or publication by you of any such content or any part of the App is prohibited, except that you may print out and/or save content for your personal use only. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the App.

Security

You are required to create a password in connection with your registration and use of the App. Passwords must meet any minimum security requirements established by Company from time to time. Any passwords used for the App are for individual use only. You will be responsible for the security of your password(s) and login credentials at all times and shall not share, transfer, or disclose your password or login credentials to any third party. You are responsible for all activity that occurs under your account, whether or not authorized by you. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. From time to time, Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with the App to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms and Conditions. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone believed to violate these Terms and Conditions.

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Account Suspension or Termination

Company reserves the right to monitor use of the App to determine compliance with these Terms and Conditions, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to suspend or terminate your access to any or all of the App at any time without notice if you violate these Terms and Conditions, engage in fraud or abuse, or misuse the App.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the App. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

Changes to Terms

1. (a) Non-Material Changes. Company may update or modify these Terms and Conditions to make non-material changes—including corrections, clarifications, formatting updates, and changes that do not materially affect Customer’s rights or obligations—at any time by posting the updated Terms and Conditions at https://nickelcityclicknclear.com/terms-and-conditions. Such non-material changes shall be effective upon posting.
2. (b) Material Changes. Company will provide Customer with at least thirty (30) days’ advance written notice (by email, in-App notification, or other direct communication to the contact information associated with Customer’s account) before any material change to these Terms and Conditions becomes effective. A “material change” includes any change to pricing, payment terms, the arbitration and class action waiver provisions, limitation of liability, indemnification, warranty disclaimers, data or privacy practices, or any other term that materially affects Customer’s rights or obligations. The notice will describe the change and its effective date. Any change to Company’s data or privacy practices that materially affects Customer’s rights shall be subject to the material-change notice procedures in Section 29, and the Privacy Policy’s change procedures defer to these procedures for any such change.
3. (c) Acceptance or Rejection of Material Changes. Customer’s continued use of the App after the effective date of a material change shall constitute acceptance of the updated Terms and Conditions. If Customer does not agree to a material change, Customer may reject the change by discontinuing use of the App and closing Customer’s account before the effective date, without penalty or further obligation for Services not yet performed. For changes to the arbitration or class action waiver provisions, Company will provide a separate opportunity for Customer to accept or decline the revised provisions.
4. (d) Applicable Law. Nothing in this Section overrides any notice, consent, or cancellation right required by applicable law. In the event of any conflict between this Section and applicable law, applicable law will control.

The most recent version of these Terms and Conditions can be reviewed at any time at https://nickelcityclicknclear.com/terms-and-conditions.

Governing Law and Venue

These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles. To the extent any Dispute is not subject to arbitration as set forth in Section 24 above, or where injunctive or other equitable relief is sought, any action or proceeding arising out of or relating to these Terms and Conditions shall be exclusively brought in the state courts located in Erie County, New York, or the United States District Court for the Western District of New York, and Customer hereby irrevocably submits to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

Relationship Between Customer and Company

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms and Conditions or use of Company's App.

Acknowledgment of Independent Contractor Relationship

Customer expressly acknowledges and agrees to the following regarding the relationship between Company, Contractors, and Customer:

1. (a) No Employment Relationship. Contractors are independent businesses and are not employees, agents, servants, partners, or joint venturers of Company. Company does not employ, supervise, train, direct, or control Contractors. The relationship between Company and each Contractor is governed by a separate Independent Contractor Agreement.
2. (b) Customer Shall Not Direct or Control Contractor. Customer acknowledges that Customer may communicate service preferences and provide property-specific instructions through the App, but Customer shall not direct, supervise, or control the manner, means, methods, sequence, or techniques by which Contractor performs Services. Customer shall not require Contractor to wear Company-branded apparel, use specific equipment, follow a specific route, or work at specific times other than a mutually agreed service window.
3. (c) No Guarantee of Specific Contractor. Customer acknowledges that Company does not assign specific Contractors to service requests. Contractors independently decide whether to accept or decline service requests in their sole discretion. Customer has no right to require that a specific Contractor perform Services or to prevent a Contractor from using helpers, employees, or subcontractors.
4. (d) Direct Claims Against Contractor. Customer acknowledges that any claim for property damage, personal injury, service deficiency, or other harm arising from the performance of Services shall be directed to the Contractor and/or Contractor’s insurer, and not to Company. Company’s sole role is as a technology platform facilitating connections, and Company shall not be deemed a principal, employer, or responsible party for any Contractor’s acts or omissions.
5. (e) Accurate Characterization of Relationship. Customer shall not issue an IRS Form W-2 or any other employment tax document to any Contractor performing Services through the App. Customer agrees that it will not knowingly make any false or inaccurate representation that a Contractor is an employee, agent, or representative of Company, and, if contacted by any government agency regarding the classification of a Contractor, Customer agrees to represent accurately that Services were requested through a technology platform and performed by an independent contractor and not a Company employee. Nothing in this Section limits Customer’s right to respond truthfully to a lawful request from, or to provide truthful information to, any government agency or court, or to exercise any right that cannot be waived under applicable law.

Assignment

Company may assign, transfer, or delegate these Terms and Conditions and any of its rights or obligations hereunder, in whole or in part, to any affiliate or successor or in connection with any merger, acquisition, reorganization, financing, or sale of assets, without notice to or consent from Customer. Customer may not assign, transfer, or delegate these Terms and Conditions or any rights or obligations hereunder without Company’s prior written consent, and any attempted assignment in violation of this Section shall be null and void. These Terms and Conditions shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

Third-Party Beneficiaries

Customer acknowledges and agrees that Contractors are intended third-party beneficiaries of these Terms and Conditions with respect to all provisions that disclaim warranties, limit or exclude liability, allocate risk, require indemnification, release or waive claims, or require arbitration and waiver of class actions, and that each Contractor may enforce such provisions directly against Customer. Except as expressly set forth in this Section, these Terms and Conditions do not create any rights in, or any right of enforcement by, any other person or entity.

Electronic Communications and Consent to Electronic Records

By using the App, Customer consents to receive communications from Company electronically, including through the App, by email or text message, or by notices posted within the App, and agrees that all agreements, notices, disclosures, and other communications that Company provides electronically satisfy any legal requirement that such communications be in writing. Customer consents to the use of electronic records and electronic signatures in connection with these Terms and Conditions and any transactions conducted through the App, and, to the fullest extent permitted by law, waives any right or requirement under any applicable law to receive non-electronic records or to sign non-electronic documents.

Survival

The provisions of these Terms and Conditions that by their nature should survive termination or expiration shall so survive, including, without limitation, the provisions governing Payments and Refunds, Chargebacks and Payment Disputes, Customer Responsibilities, Hidden Hazards and Site Condition Disclosure, No Warranties, Disclaimer, Limitation of Liability, Indemnification, Arbitration and Class Action Waiver, Proprietary Information, Governing Law and Venue, Third-Party Beneficiaries, and this Survival provision.

Interpretation

The headings and section titles in these Terms and Conditions are for convenience of reference only and shall not affect the interpretation of any provision. Unless the context otherwise requires, words in the singular include the plural and vice versa, and the words “include,” “includes,” and “including” shall be deemed to be followed by “without limitation.” These Terms and Conditions shall not be construed against either party as the drafter, and the rule of contra proferentem shall not apply.

Entire Agreement

These Terms and Conditions constitute the entire agreement among the parties relating to the subject matter hereof, and supersede any and all prior or contemporaneous agreements, whether oral, written, electronic, or otherwise, between the parties. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the App or request Services.

Severability

If any provision of these Terms and Conditions shall be adjudged by any court of competent jurisdiction to be invalid, void, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms and Conditions will continue in full force and effect without being impaired or invalidated in any way.

Waivers

Any waiver of these Terms and Conditions by Company must be in writing and signed by an authorized representative of the Company. The failure of Company to enforce any provision of these Terms and Conditions shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of these Terms and Conditions thereafter.

Contact Information

Please report any violations of these Terms and Conditions to the Company. If you have any questions regarding these Terms and Conditions, please contact us at:

Nickel City Click N Clear

5305 Armor Duells Road, Orchard Park, New York 14127

Phone: 716-397-7139

Email: info@nickelcityclicknclear.com