Terms of Use

These Terms of Use (“Terms”) contain important information about your legal obligations as a user of our service, available at https:// www.smartrenosolutions.com (the “Service”) When we refer to the “Service”, we also mean any component of the Service. These Terms apply to anyone who registers for, accesses, browses, crawls, scrapes or otherwise uses the Service (“user” or “you”), whether you are seeking to undertake contracts to perform services or complete jobs in the home improvement sector (in which case you are a “Contractor”) or are seeking a Contractor to provide such services to you (in which case you are a “Homeowner”).
These Terms also include all other terms and conditions, rules and policies posted on the Service, including our Terms & Conditions for Contractors. If you use the Service on behalf or for the benefit of an organization, “you” and “user” also include that organization. The Service is operated by Siren Group AG, whom we may refer to as “SmartRenoSolutions”, “we” or “us”. Our processing of personal data in connection with your access to and use of the Service is described in our Privacy Notice https://www.smartrenosolutions.com/privacy-policy.
By using the Service, you hereby declare and warrant that you:
  • Have read, understand, have the legal capacity to and hereby agree to be legally bound by and to comply with these Terms in full;
  • Have the requisite power and authority to enter into these Terms on behalf of your organization if you are using the Service on behalf or for the benefit of that organization;
  • Are of the age of majority in your jurisdiction;
  • Are an owner of a property or have the authority of the owner to carry out repairs or renovations when acting as a Homeowner;
  • Comply with these Terms and all applicable laws and regulations.
  • A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or related to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you do not agree with these Terms, please do not continue to use the Service.

SmartRenoSolutions SERVICES FOR HOMEOWNERS

To place a request for renovations, Homeowners should fill in all necessary information on the Service, including their location, type of repairs or renovations services requested, and contact information. After a Homeowner submits their request, a Contractor may reach out to the Homeowner offering to provide the requested services.
Homeowners and Contractors enter into their own discussions and contracts for home improvement services. We are not a party to such contracts and do not guarantee the provision of any services by Contractors. including with respect to the pricing, execution, timeliness or quality of Contractors’ services, the materials used or the work product. Homeowners and Contractors are independently responsible for communicating with one another, agreeing on the terms of the services to be provided and resolving any disputes arising from the relationship between them. Homeowners understand and agree that using the Service does not guarantee that any Contractor will reach out to them or agree to provide them with services.
SmartRenoSolutions and Contractors operate independently from one another; at no time shall Contractors hold themselves out as being an employee, officer, agent, representative, joint venturer, or partner of ours or any of our affiliates, employees, officers, agents, representatives or business partners (collectively, “SmartRenoSolutions Parties”), or represent to any third party that you have the right to enter into any binding obligation on behalf of SmartRenoSolutions Parties. Neither party shall have the power to bind the other party to any contract or the performance of any other obligation.
Homeowners must provide us with accurate and up-to-date information about the services that they receive or do not receive from Contractors. For example, please notify us if Contractors propose that you deceive us by reporting wrongful information that they have not provided repairs or renovations services.

INTELLECTUAL PROPERTY

SmartRenoSolutions Content
We control, operate and own the Service.
The Service includes data, text, graphics, charts, information, images, photographs, visual interfaces, designs, drawings, trademarks, logos, video, sounds, music, software, code, newsletters, emails, services and other materials and the compilation, selection and arrangement thereof (collectively, “Content”). As between you and us, we own or license all Content, it being understood that we do not own personal data and you or your licensors own your User Content (as defined further below). Content is protected by applicable intellectual property, copyright and proprietary rights and laws. You must not remove any proprietary, copyright or other applicable notices from any Content, and agree to abide by any additional copyright notices or restrictions contained in any Content.
Subject to your compliance with these Terms, we hereby grant you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable permission to use the Service and its Content on your device(s) in the jurisdictions in which we offer the Service solely to learn about the Service, connect with Contractors to whom we refer you if you are a Homeowner and connect with Homeowners to whom we refer you if you are a Contractor. We retain any and all rights not expressly granted to you in these Terms and you agree you do not receive any intellectual property rights under legal theories such as estoppel or by implication.
You may not do, attempt to do, or assist anyone in doing, any of the following:
  • Use any robot, spider, other automatic device or manual process to monitor, copy, or ”scrape” web pages or other Content contained in the Service or for any other unauthorized purpose without our prior written consent;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect the Service;
  • Probe, scan or test the vulnerability, or breach the security or authentication measures of the Service or any network connected to the Service;
  • Use the Service for illegal purposes or for the purpose of creating or offering a service that would compete with the Service;
  • Sell, resell, license, sublicense, reverse engineer, decompile, disassemble, reproduce, adapt or modify the Service except as permitted by applicable law;
  • Harass, threaten, intimidate, impersonate any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with SmartRenoSolutions, or otherwise attempt to mislead others;
  • Change or delete any proprietary, copyright or other applicable notices from any Content.
Any attempt to do so is considered as a violation of these Terms and the rights of SmartRenoSolutions. If you violate any of these restrictions, your use of the Service will be reviewed and terminated, and you may be subject to legal actions and damages.
User Content
You may contribute, upload, publish or otherwise provide to us in connection with the Service (collectively, “provide”) content, comments and feedback (collectively, “User Content”). If you contribute User Content through the Service, you are informed that such User Content might be accessible to other users.
You hereby grant SmartRenoSolutions an irrevocable, unconditional, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, worldwide license to access, use, copy, modify, distribute, publish, reproduce, prepare derivative works of, store, cache and otherwise fully exploit (collectively, “Use”) your User Content and to authorize others to Use your User Content, in any format and on any existing or future platform, without any further consent, notice and/or compensation to you or others.
By providing any User Content, you hereby declare and warrant that:
  • the User Content does not include any viruses, malware or other harmful or disruptive component;
  • the creation, distribution, downloading, copying or Use of such User Content does not and will not infringe the rights of any third party;
  • you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to Use your User Content in any manner contemplated by these Terms;
  • you are solely responsible for all the personal data that may appear in your User Content (such as names, addresses, pictures of any people, their contacts, bank details, etc.), and will provide all notices and obtain all consents necessary under applicable laws to give effect to the Uses contemplated by these Terms.
We have no obligation to publish or otherwise Use your User Content and may remove User Content from the Service that we previously made available on the Service, including because it violates these Terms.

USE RESTRICTIONS

You are prohibited from using the Service in any way not expressly permitted by these Terms, including but not limited to doing, attempting to do, or assisting anyone in doing, any of the following:
  • publish Content containing pornographic Content or sexually explicit material, obscene language that is offensive to the Internet community, such as propaganda of racism, hatred or any physical harm against any group of people or individuals;
  • send spam or collect personal information about users, including names, phone numbers, addresses, email, without the prior consent of the user;
  • engaging in activity, or submitting Content, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • harass, threaten, intimidate, impersonate any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with SmartRenoSolutions, or otherwise attempt to mislead others;
  • go beyond the pre-established topic of communication (“offtopic”) in a discussion board;
  • promote advertisements, contests, sweepstakes and pyramids without our prior written consent;
  • use automatic or manual means to copy the Content or collect users’ personal data without our prior written consent;
  • unreasonably load the Service with large amounts of information and data that interfere with the operation of the Service, our security system, or others' access to the Service, or otherwise interfere with the Service's operations;
  • probe, scan or test the vulnerability, breach the security or authentication measures of the Service or any network connected to the Service.
SmartRenoSolutions may, but is not obliged to, moderate or control any Content.

WARRANTIES AND DISCLAIMERS

We provide the Service and Content “as is”, “with all faults”, “as available” and without warranty or condition of any kind.
Except as otherwise provided by these Terms, we disclaim all representations, warranties and conditions regarding the Service, its features and Content, to the fullest extent permitted by law, including without restrictions, guarantees of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights of third parties or other rights.
We do not guarantee that the Service will be uninterrupted or secure, or that any defects will be corrected.
We do not provide any promises or guarantees to Homeowners or Contractors for services offered, rendered or accepted. We will not participate in any disputes between Homeowners and Contractors, and you hereby release us from any responsibility or liability associated with any dispute you may have with another party with which you interact in connection with the Service.

LIMITATION OF LIABILITY

SmartRenoSolutions is not responsible if any Content is inaccurate or incomplete.
You are solely responsible for the legality of your actions within the Service and complying with applicable laws, regulations and contracts.
Contractors are fully responsible for the actions of their employees, contractors and consultants in the event of damage, crime, or other wrongful acts against Homeowners and their property during the provision of services.
In no event shall SmartRenoSolutions, its subsidiaries, directors, partners, employees, contractors or agents (collectively, “SmartRenoSolutions Parties”) be liable for direct or indirect, incidental, special, exemplary, punitive or consequential damages, related to any use or inability to use the Services, including, without limitation, any damages, caused as a result of use of any Content or by mistakes, omissions, interruptions, defects, viruses, even if SmartRenoSolutions has been advised of the possibility of such damages.
The foregoing limitations of liability do not apply to the extent prohibited by law.
If any part of the warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the total amount of payments made by you to SmartRenoSolutions within one year preceding the claim.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless SmartRenoSolutions Parties from and against any and all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from: (i) any breach by you of any of these Terms, (ii) your use/misuse of the Service and/or Content, (iii) a violation by you of applicable law, third-party’s intellectual property or other rights, any agreement or terms with a third party to which you are subject, or (iv) claims and complaints from Contractors or Homeowners regarding services rendered or not rendered, wrongful acts of their employees and contractors, or other parties, or intentional and unintentional actions that caused harm.
We reserve the right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us as we execute our legal strategy.

ARBITRATION AND CLASS ACTION WAIVER

 PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and SmartRenoSolutions agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This section is intended to be interpreted broadly and governs any and all disputes between you and SmartRenoSolutions, including but not limited to claims arising out of or relating to any aspect of the relationship between you and SmartRenoSolutions, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with SmartRenoSolutions as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach SmartRenoSolutions's support department at support@smartrenosolutions.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question or disagreement directly through consultation with the SmartRenoSolutions support department, and good faith negotiations will be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms, the parties' relationship with each other, and/or your use of the Service will be finally settled by binding arbitration, as described below.
The dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be the city of Philadelphia, Pennsylvania. The arbitration shall be governed by the laws of the State of Delaware. Each party shall bear its own costs and expenses and an equal share of the arbitrator's and administrative fees of arbitration. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Notice, including but not limited to any claim that all or any part of these Terms or Privacy Notice is void or voidable, whether a claim is subject to arbitration or the question of waiver by litigation conduct. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be written and will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
You and SmartRenoSolutions further agree to submit to the personal jurisdiction of any federal or state court in Philadelphia, Pennsylvania in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SmartRenoSolutions AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect your or our intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on SmartRenoSolutions) written notice of your decision to opt out to support@smartrenosolutions.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within 30 days of the later of the effective date of these Terms or your first use of the Service; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, SmartRenoSolutions also will not be bound by them.
Changes to This Section: SmartRenoSolutions will provide 30 days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on the Service, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective 30 days after they are posted on the Service or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection will be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator will apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.
Survival: This Arbitration and Class Action Waiver section will survive any termination of your Account or the Platform.

ELECTRONIC COMMUNICATIONS

We use email to stay in touch with our users.
By using the Service and providing us with your contact information, you understand and agree that we may send you the electronic communications via email regarding, without limitation, (i) your use of the Service; and (ii) updates to the Service and these Terms. You may unsubscribe from receiving promotional emails from us by following the instructions provided in such communications.
You can read more about the rules of personal data processing in our Privacy Notice.

THIRD-PARTY WEBSITES AND SERVICES

Some functions of the Service depend on third-party services which we do not control, therefore we cannot guarantee the uninterrupted operation of all features. Some features of the Service are available in compatibility with third-party websites and services. We cannot guarantee that all features are constantly available and uninterrupted.
You acknowledge that different terms of service and privacy policies may apply to your use of such third-party websites, services, and content. SmartRenoSolutions shall not be held responsible for any losses, damages, or other liabilities incurred due to your interaction with those third-party websites and services.

OTHER TERMS

We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.
We reserve the right, at any time at our sole discretion, to modify these Terms by uploading a revised version of these Terms on the Service. In case of material changes affecting your use of the Service, we’ll seek to notify you prior to the changes’ effective date by sending you an email or taking other steps as appropriate. If we have taken these steps and you continue to use the Service after the effective date of the revised version of these Terms, you agree to the updated version of these Terms.
If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable. These Terms are governed by the laws of the State of Delaware, and the federal laws of the USA that apply therein.

PRIVACY POLICY

By using our services, you agree to our Privacy Policy, which is found here https://www.smartrenosolutions.com/privacy-policy.

QUESTIONS AND CONTACT INFORMATION

If you have any questions or comments about these Terms or the Service, please contact us using the following contact details:
email: terms@smartrenosolutions.com
DATE LAST UPDATED: July 26th, 2024