Nookly Terms of Use
Last updated on June 11, 2024
Nookly Services, Co. d/b/a nookly (“nookly”) connects homeowners and property managers with a diverse range of service professionals for home improvement, maintenance, and repair needs (collectively, “Service Providers”). The following Terms of Use govern your (The user/customer) obligations and rights when accessing and using the Nookly website, mobile applications, and services.
IMPORTANT: PLEASE BE ADVISED THAT BY AGREEING TO THESE TERMS YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND WAIVING YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.
The Nookly mobile application, website (www.nookly.com), all related websites, subdomains, and mobile applications, along with the various content, features, and services offered on and in connection with these platforms (collectively, the “Platform and Services”) are owned and operated by Nookly Services, Co. ("Nookly") and are accessible to you subject to the Terms of Use outlined herein (“Terms of Use”).
IMPORTANT: PLEASE REVIEW THESE TERMS OF SERVICE THOROUGHLY, AS THEY INCLUDE CRITICAL INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE TERMS ENCOMPASS, AMONG OTHER THINGS, AN ARBITRATION PROVISION THAT REQUIRES ALL DISPUTES TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A CLASS OR REPRESENTATIVE ACTION. FURTHERMORE, THESE TERMS SET FORTH VARIOUS LIMITATIONS AND EXCLUSIONS, ESTABLISH THE JURISDICTION, VENUE, AND APPLICABLE LAW FOR THE RESOLUTION OF DISPUTES, AND REQUIRE YOUR ADHERENCE TO ALL RELEVANT LAWS AND REGULATIONS.
By accessing, downloading, or using any part of the Nookly Platform and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service written in this agreement, including but not limited to:
Agreement to Arbitrate: Agreeing that any dispute or claim relating in any way to your use of any Nookly Service will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Prohibition of Class and Representative Actions and Non-Individualized Relief: You agree that disputes will be resolved only on an individual basis and not in a class, consolidated, or representative action.
Limitations and Exclusions: Acknowledgment of and agreement to certain limitations on liability and exclusions of warranties as set forth in the Terms, which limit your possible remedies.
Governing Law and Jurisdiction: The laws of the state of Hawaii, excluding its conflict of law rules, will govern any disputes arising out of or relating to the use of Nookly Services. Furthermore, you consent to the exclusive jurisdiction of the courts located within Honolulu County, Hawaii for the resolution of any such disputes.
Compliance with Laws and Regulations: You agree to use the services in compliance with all applicable local, state, national, and international laws, rules, and regulations.
Nookly Services, Co. ("Nookly") reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time. Any changes become effective immediately upon posting the updated Terms of Service on the Nookly platform, including the website and mobile application, or upon any other form of notification provided. It is your responsibility to review the Terms of Service periodically for updates or changes.
Your continued use of the Platform and Services after such modifications have been made (or after notification, if applicable) signifies your acceptance of the revised Terms of Service. Should you disagree with the amended terms, you are obliged to discontinue using the Platform and Services immediately. Furthermore, you may request to be removed from any Nookly distribution or communication lists accessible through your use of the Platform and Services.
Timely Notice: Users are encouraged to stay informed of changes by regularly reviewing posted information on the Platform and Services.
Acceptance of Changes: Continued usage of the Platform and Services after modifications have been posted or notified indicates agreement to be bound by the updated Terms of Service.
Discontinuation for Non-Acceptance: If the modified terms are unacceptable to you, your only recourse is to cease using the Platform and Services and, if applicable, request removal from all Nookly communications.
By engaging with Nookly's Platform and Services, you acknowledge and agree that it is your responsibility to remain informed about and in compliance with these Terms of Service, including any modifications made over time.
Subject to full adherence to these Terms of Service, Nookly Services, Co. ("Nookly") grants authorized users a non-exclusive, non-transferable, non-sublicensable, revocable license to access and utilize the Platform and Services for their personal and commercial use. Users agree not to access, reproduce, duplicate, copy, sell, resell, modify, distribute, transmit, or exploit the Platform or Services, or any part of their content, except as expressly allowed under these Terms of Service and with prior written consent from Nookly.
Nookly retains the right to modify, update, suspend, or discontinue any part of the Platform and Services at any time, for any reason, at its sole discretion, and without notice. Nookly shall not be liable to any user or third party for any modification, suspension, or discontinuation of the Services.
Nature of the Nookly Service. Nookly serves as a digital marketplace connecting homeowners with service providers for home maintenance services. While Nookly facilitates these connections and provides tools for communication and transaction between users, it does not provide the home services itself. The quality, timing, and the conduct of the services rendered are solely the responsibility of the service providers. Nookly does not guarantee or endorse any service provided, nor does it assume liability for the services or interactions between users.
Service Provider and Homeowner Relations. Transactions and agreements for services made outside of Nookly are directly between the homeowners and service providers. Nookly is not a party to these transactions, except for facilitating the platform that led to the original meeting, and, where applicable, processing payments. Users must conduct their own due diligence and exercise judgment before entering into service agreements outside of Nookly.
Canceling and Rescheduling a Service. Upon submitting a service request through Nookly, the platform promptly alerts qualified Service Providers about the availability of a new job, enabling these Service Providers to decide if they wish to fulfill your request, or places the job in the calendar of a qualified Service Provider not requiring their acceptance prior. The decision to provide the requested services lies solely with the Service Provider. Due to the nature of how Nookly fulfills service requests through trusted Service Providers, your ability to select or change a Provider may be limited. Cancellations or rescheduling may incur fees and are subject to the extent of expenses already incurred by the Provider.
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Nookly Services, Co. By way of example, and not as a limitation, you agree not to:
violate these Terms of Use, other applicable agreement with Nookly Services, Co., and any applicable local, state, national or international law, and any rules and regulations having the force of law;
use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Nookly Services, Co., which consent may be withheld by Nookly Services, Co. in our sole discretion;
post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Nookly Services, Co., or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
knowingly provide or submit false or misleading information;
use the Sites and Services if you are under the age of eighteen (18);
take any action that would undermine the review and rating process under the Sites and Services;
attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
use the Sites and Services in any way that could interfere with the rights of Nookly Services, Co. or the rights of other users of the Sites and Services;
attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Nookly Services, Co. by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or off the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Nookly Services, Co., including any Nookly Services, Co. account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Nookly Services, Co. and provided for by the Sites and Services.
Nookly is a marketplace platform that enables Homeowners or Property Managers (“Clients”) to contract directly with independent Service Providers. Service Providers are not employees, agents, or representatives of Nookly. You acknowledge and agree that:
No Control or Warranty. Nookly does not control, direct, supervise, or guarantee the quality, timing, legality, suitability, safety, or any other aspect of Services delivered by a Service Provider and makes no representations or warranties of any kind, express or implied.
Resolution of Disputes. While Nookly is not the provider of services and cannot guarantee specific outcomes of individual jobs, we stand behind the experience we offer through our platform. If you are dissatisfied with a service, you agree to notify us promptly. We may, at our discretion, investigate the issue and take reasonable steps to make it right — which may include facilitating a resolution with the Service Provider, issuing a partial refund or credit, or arranging for a corrective service. However, we do not guarantee any specific outcome, and any resolution is provided as a courtesy and at our sole discretion.
Limitation of Liability. To the maximum extent permitted by law, Nookly will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, goodwill, data, or other intangible losses, arising from or relating to
(a) your use of, or inability to use, the Platform or Services;
(b) any Services provided by a Service Provider; or
(c) any interactions between Users, even if Nookly has been advised of the possibility of such damages.
Maximum Recovery. In every case, Nookly’s aggregate liability will not exceed
(i) USD $100 or
(ii) the total amount you paid to Nookly in Service Fees during the six (6) months preceding the event giving rise to the claim—whichever is greater.
Force Majeure. Nookly is not responsible for any delay or failure to perform that results from causes beyond its reasonable control, including natural disasters, war, terrorism, riots, labor disputes, utility failures, public-health emergencies, or governmental actions.
6. Eligibility & Account Registration
Minimum Age and Capacity. The Platform is available only to individuals who are at least eighteen (18) years old and capable of forming legally binding contracts.
Accurate Information. You agree to provide, maintain, and promptly update true, accurate, and complete information.
Account Security. You are solely responsible for all activities that occur under your credentials. Notify Nookly immediately of any unauthorized access.
One Account Rule. Unless expressly permitted by Nookly in writing, you may maintain only one Client account and/or one Service-Provider account, as applicable, and you may not transfer your account to anyone else.
7. Service-Provider Vetting & Independent-Contractor Status
Optional Background Checks. Nookly may perform limited background or identity checks on Service Providers, but such checks are not exhaustive and Nookly cannot guarantee that a Provider has no criminal or civil history.
Independent Contractors. Service Providers operate as independent businesses: they supply their own tools, set their own schedules and methods, determine which requests to accept, and are solely responsible for any licenses, permits, insurance, taxes, or employment obligations.
No Employment Relationship. Nothing in these Terms creates an employment, joint-venture, or agency relationship between Nookly and any Service Provider.
8. Payments, Fees, and Taxes
Payment Processing. All payments are processed via third-party payment processors; you authorize Nookly and the Payment Processor to charge your selected payment method for the total price shown at checkout, plus any cancellation, damage, or dispute fees permitted under these Terms.
Nookly Service Fee. Clients pay a transparent Service Fee displayed at the time of booking; Service Providers pay a Platform Commission deducted from each payout. All fees are non-refundable except where these Terms expressly provide or where required by law.
Changes in Scope. If a Service Provider determines that requested work materially differs from the original description, the Provider must submit a revised estimate through the Platform for Client approval before additional charges are incurred.
Limited Scope Adjustments. In certain cases, such as when the Client has inaccurately described the work or omitted relevant details during the booking process, or when unforeseen conditions are discovered on-site, Nookly reserves the right to authorize charges of up to 7% above the original booking amount without prior approval from the Client. This adjustment helps account for minor deviations, misrepresentations, or unanticipated work conditions. For any adjustments exceeding this threshold, a revised estimate and Client approval are required.
Taxes. Service Providers are solely responsible for remitting all taxes that arise from payments they receive. Where required by law, Nookly may collect applicable sales or excise taxes and remit them to the relevant authority.
9. Ratings, Reviews, and Feedback
Clients and Service Providers may post ratings, reviews, photos, comments, and other content (“User Content”).
License to Nookly. You grant Nookly an irrevocable, perpetual, worldwide, royalty-free, sublicensable license to host, use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content in any media now known or later developed.
Accuracy & Authenticity. You represent that your User Content is accurate, based on actual experience, and does not violate any law or the rights of any person or entity. Nookly may remove or refuse to post any User Content at its sole discretion.
10. Intellectual Property & License Grant
Platform Ownership. All software, graphics, interfaces, logos, trademarks, and content on the Platform are owned by or licensed to Nookly and protected by intellectual-property laws.
Limited License. Nookly grants you a non-exclusive, non-transferable, revocable license to use the Platform solely for its intended purpose, subject to these Terms.
Prohibitions. Except as expressly permitted, you may not copy, modify, reverse-engineer, distribute, or create derivative works from the Platform or any portion thereof.
11. Indemnification
You agree to defend, indemnify, and hold harmless Nookly, its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
(a) your use of the Platform or Services;
(b) your breach of these Terms or applicable law;
(c) your User Content; or
(d) any interaction or dispute with another User or Service Provider.
12. Dispute Resolution & Binding Arbitration
Informal Process First. Before filing a claim, you must email a written Notice of Dispute to legal@nookly.co and attempt informal resolution for thirty (30) days.
Arbitration Agreement. Unresolved disputes shall be finally settled by binding arbitration administered by JAMS under its Consumer Arbitration Rules, as modified by this section. Judgment on the award may be entered in any court of competent jurisdiction.
Class-Action Waiver. All proceedings shall be conducted on an individual basis; class, consolidated, or representative actions are prohibited.
Opt-Out. You may opt out of this arbitration agreement within thirty (30) days of your first use of the Platform by sending written notice to legal@nookly.co. If you opt out, exclusive jurisdiction and venue will be in the state or federal courts located in Honolulu County, Hawaii.
13. Governing Law & Venue
Except to the extent pre-empted by U.S. federal law, these Terms are governed by the laws of the State of Hawaii, without regard to conflict-of-law rules. Subject to §12, any permitted court action shall be brought exclusively in the state or federal courts in Honolulu County, Hawaii, and you irrevocably submit to their jurisdiction.
14. Termination & Survival
Nookly may suspend or terminate your account at any time, for any reason, with or without notice. Sections concerning intellectual property, payments owed, disclaimers, limitations of liability, indemnification, and dispute resolution will survive any termination.
15. Notices & Electronic Communications
By using the Platform, you consent to receive notices and disclosures electronically (via email, SMS, or in-app notification). You may withdraw consent by emailing support@nookly.co, but Nookly may then suspend or close your account.
16. Miscellaneous
Assignment. You may not assign or transfer these Terms without Nookly’s prior written consent; Nookly may freely assign its rights and obligations.
Severability & Waiver. If any provision is found unenforceable, it will be severed and the remaining provisions will remain in full force. Nookly’s failure to enforce any right is not a waiver.
Entire Agreement. These Terms, together with any referenced policies, constitute the entire agreement between you and Nookly regarding the Platform and supersede all prior agreements on the same subject.