Terms Of Service

Last updated: July 22, 2023, 11:00 AM

Please read these Terms of Service (“Terms” or “Terms of Service”) carefully before using the improovy.com Website (the “Website”). These Terms are a legally binding agreement between you, your heirs, assigns, and successors (“you” or “your”) and Improovy, Inc. (“Improovy”, “us”, “we”, or “our”), a(n) Corporation formed in Delaware, United States. These Terms apply to everyone, including but not limited to, visitors, users, and others who access and use the Website. The terms “User” and “Users” refer to all individuals and other persons who access or use the Website. In using our Website, you agree to and must adhere to these Terms, and if you do not agree, do not use our Website.

About Improovy

Improovy acts as a marketplace for homeowners in need of painting services. Improovy’s software and highly knowledgeable team of industry experts connect homeowners with local painting professionals.

The service technicians and professionals (collectively, “Trade Partners”) available through the services on our Website operate independently of Improovy. Improovy is not directly involved in any transactions between Trade Partners and users. As a result, Improovy has no control over the quality of the painting services provided by the Trade Partners or the truth or accuracy of the information provided by users, or the ability of Trade Partners to complete paint services in a timely manner, if at all. You agree that Improovy is a platform and as such is not responsible or liable for any painting services or other content posted by you, other users, or third parties on the Services. Your use of the Services is at your own risk.

CONSENT TO RECEIVE CALLS AND TEXT MESSAGING. You agree that Improovy and our Trade Partners may contact you via telephone or text messages (including by an automatic telephone dialing system or other automated system for the selection of dialing of telephone numbers and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with your engagement of Improovy, including for marketing purposes and to facilitate the delivery of Services. You understand that you are not required to provide consent to receive autodialed marketing calls or text messages as a condition of purchasing any property, goods or services.

CONSENT TO MONITORING AND RECORDING OF COMMUNICATIONS. You acknowledge and agree that your calls, text messages, or other communications you have with us may be monitored and recorded. This includes, but is not limited to, the date, time, and content of the communications. Improovy uses this data for customer support services, for safety and security purposes, to improve its Websites and services, and for analytics.

Our offers and pricing

We offer services on this Website. The price of these services is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price includes all applicable taxes and other fees.

Promotions

Improovy at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to these Terms and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Improovy; (iii) are subject to the specific terms that Improovy establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalents; and (v) are not valid for use after the date indicated in the offer. Improovy reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Improovy determines or believes that the redemption of the promotion or receipt of credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms of Service. Improovy reserves the right to modify or cancel an offer or promotion at any time.

Purchases

When you make a purchase on the Website, you will be using a third-party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing, or security of your billing information by Stripe. The following payment method(s) are accepted by the third-party payment processor: American Express, check, Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct, and complete.

Cancellation policy

We offer cancellations on purchases made of the services offered on our Website. We offer cancellations only prior to the performance of the service. You may cancel your order by contacting us. If you cancel your purchase, you will be charged a cancellation fee. The cancellation fee shall be as follows: $50.00 plus the cost of any supplies ordered for the project (if any supplies were bought). We will issue you a refund of the full purchase price that you paid if you cancel your purchase.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on canceling your purchase.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund policy

We offer refunds on purchases made of the services offered on our Website. To qualify for a refund, you must submit your request to us within 48 hours of your purchase date by contacting us.

We offer refunds on any purchases of the services offered on our Website for the following reason(s) only: the good, digital product, or service failed to meet the warranties if any and the wrong product or service was provided. Please note that we do not offer refunds for any other reasons other than those listed above.

Advance payments

We may ask you to provide an advance payment on any purchase made of the services offered on our Website. Advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services.

We will issue you a refund of the advance payment that you made if we cancel minus any supply or labor costs that have been incurred.

We will issue you a refund of the advance payment that you made if you cancel minus any supply or labor costs that have been incurred.

Deposits

We may ask you to provide a deposit for purchases made of the services offered on our Website. A deposit is a payment made to reserve the services.

We will issue you a refund of the deposit that you made if we cancel your purchase.

We will issue you a refund of the deposit that you made if you cancel your purchase.

WARRANTY ON PURCHASES

WE OFFER THE FOLLOWING WARRANTIES ON PURCHASES OF SERVICES:

SERVICES WILL BE PERFORMED WITH REASONABLE CARE AND SKILL;
WE CARRY A 30-DAY TOUCHUP GUARANTEE ON ALL APPLICABLE PROJECTS. AN ADDITIONAL WORKMANSHIP GUARANTEE MAY BE INCLUDED ON APPLICABLE PROJECTS. PLEASE REFER TO YOUR ESTIMATE PROPOSAL FOR WARRANTY INFORMATION.

EXCEPT AS STATED ABOVE, NO OTHER WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THE SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Remedies

You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:

repair;
replacement;
price reduction.

You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of these Terms of Service as it relates to your purchase.

Use of images or user content

You grant Improovy your permission to use the photographs taken before, during, and/or after your project for any legal use, including but not limited to: publicity, copyright purposes, illustration, advertising and web content. Furthermore, you understand that no royalty, fee or other compensation shall become payable to you by reason of such use.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

Impersonating or attempting to impersonate Improovy, Inc. or its employees, representatives, subsidiaries, or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
Using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with another party’s use of the Website;
Using any robot, spider, or other similar automatic technology, process, or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
Using any device, software, means, or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs, or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website;
Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Website;
Using the Website in any way that violates any applicable federal, state, or local laws, rules or regulations.

NO WARRANTY ON THE WEBSITE

THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors, and inaccuracies

We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL IMPROOVY, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF IMPROOVY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF IMPROOVY, INC. THE AGGREGATE LIABILITY OF IMPROOVY, INC.. ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY IMPROOVY, INC. BY YOU.

Links to third-party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2019 – 2024 Improovy, Inc. or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of Improovy, Inc. and are either registered trademarks, trademarks or otherwise protected intellectual property of Improovy, Inc. or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Improovy at contact@improovy.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark, or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address, and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorney’s fees for any misrepresentation or bad-faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Improovy

contact@improovy.com

(312) 210-9004

1255 N. Greenview Ave

Chicago, IL 60642

UNITED STATES

Industry or trade code of conduct

We subscribe to the PCA Bylaws & Policies, which can be found at the following link: https://www.pcapainted.org/about/code-of-ethics/.

Governing law, severability, dispute resolution, and venue

These Terms shall be governed and construed in accordance with the laws of the state of Illinois, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Cook County, Illinois.

YOU AND IMPROOVY, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Privacy

Our collection and use of information about you in connection with your access to and use of the Website is described in our Privacy Policy at https://www.improovy.com/privacy-policy/.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please reach out to us at contact@improovy.com.