Welcome to Techsbook. This App enables technicians (“you”, “technician”) to access and facilitate: (i) connections to third party customers to provide technician services, and (ii) payment processing and customer support. This App is maintained as a service to our technicians and customers. You authorize Techsbook to match you with customers based on factors such as your location, services requested, and customer preferences. 

By using this App you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions of this contract carefully. This App may only be used by technicians who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein.

Agreement. This Terms and Conditions of Use agreement (the "Agreement") is a legally binding agreement which specifies the Terms and Conditions for your access to and use of Techsbook (the "App") created by Techsbook, Inc. (the “Company”). This Agreement may be modified at any time by the Company upon posting of the modified Agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. This app is intended for adults only and is not intended for any children under the age of 13.

Technician Requirements. By providing technician services, you represent, warrant, and agree that:

You currently have and will maintain all licenses, permits, certifications, approvals, and authority applicable that are necessary to provide technician services to customers in the jurisdiction services are provided and are medically fit to perform services; 

You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle;

You possess current and sufficient knowledge, expertise, and experience to provide the services in a professional manner with skill, diligence, and care, including but not limited to at least two (2) years of specialized experience; and

You possess the tools, equipment, and consumables that are customarily used to safely and sufficiently perform and complete services;

You will act in a professional manner and with due safety while performing technician services; 

You will not engage in reckless behavior while providing technician services or take action that threatens or harms the safety of yourself or others;

You will pay all applicable federal, state and local taxes based on your provision of services using the App;

You must post a technician profile picture on your account; 

The photo must be a forward-facing, centered photo showing your full face and top of shoulders, with no sunglasses, hats, or other obstructing attire; 

The photo must be focused and taken in a well-lit surrounding;

No other persons may be present in the photo; and

You may not use a photo from any government issued identification.

If you cannot conform to these requirements due to religious, medical, or other valid reasons, please contact the company and an accommodation will be provided. 

You agree to receive communications from us or communications related to the App, including via email, text message, calls, and push notifications.

Financial Terms.

Payments to technicians will be paid each week on Friday for services completed the week prior (Monday - Sunday).

Payments to technicians will be processed via ACH through a third-party payment processor (Stripe). Any updates to routing or account information must be completed on your stripe account that is synched with techsbook.

At the technician’s sole discretion, a technician may refuse to take, complete, or cancel a service after acceptance for any reason; provided that at all times a flat rate rescheduling fee of Seventy-Five US Dollars ($75) per job will be charged to the technician if a job is cancelled within 24 hours of the appointment.

Failure to properly provide services (poor installation, vehicle malfunction or any other quality issue arising from service providers installation) can be assessed by a third party provider and can cause technician to be liable for all additional costs, including but not limited to return payments remitted to technician or deduction from future payments.

In the result a “Quality Check” is issued by a customer and technician refuses or is not capable of resolving the issue, technician may have their account suspended, revoked, and can cause technician to be liable for all additional costs, including but not limited to return payments remitted to technician or deduction from future payments.

Technicians receive payment per service line item completed.  Proof of completion is established through the forms submitted within the application.  All forms must be completed, and images must be clear.  Failure to upload images and forms properly may result in non-payment for the line items.  All forms must be completed in its entirety. 

Guidelines and Conduct. You agree NOT to:

Upload, post, or transmit any informational content that is unlawful, defamatory, vulgar, obscene, libelous, invades the privacy of another, threatens or injures another person or entity, or is otherwise objectionable;

Collect personal information on, harass, or engage in conduct that negatively affects the experience of another user;

Impersonate any official or employee of the Company;

Intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;

Upload, post or transmit any software or files that contain software viruses or other harmful code;

Interfere with the operation of Techsbook web servers or other computers or Internet or network connections;

Transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;

Techsbook does not pre-screen information on this App, but does reserve the right to inspect, edit, and delete any content or information that it knows, or has reason to know, has violated this Agreement. Techsbook  reserves the right to immediately, and without notice, terminate the account of any user found to have violated the provisions of this Agreement. Techsbook may disclose any informational content users post, upload or transmit to the App, if such disclosure is necessary to enforce this Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Techsbook, the public, or other users.

Confidentiality. You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to the Company’s business, operations and properties, information about a user made available to you in connection with such user’s use of the App, which may include the user’s name, location, contact information, photo, and more (“Confidential Information”) disclosed to you by the Company for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store Confidential Information from the app, including but not limited to any customer information obtained from the App. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Company in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to the Company with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by the Company or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of the Company; becomes known to you, without restriction, from a source other than the Company without breach of this Agreement by you and otherwise not in violation of the Company’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to the Company to enable the Company to seek a protective order or otherwise prevent or restrict such disclosure.

Non Circumvention. You are prohibited from doing any of the following, either directly or indirectly, on your own, through third-party, or otherwise, without the prior written consent of the Company which may be given or withheld at the Company’s sole discretion:

Enter into any deal, contract, agreement, or other transaction with a Company contact, including but not limited to customers, vendors, service providers or other parties with whom the Company has a relationship with or is discussing a relationship with, that (i) is the same as, substantially similar to, or in competition with the potential transaction(s) or services contemplated by this Agreement; or (ii) is otherwise reasonably capable of having the effect of preventing the Company from deriving the full benefit of any such transaction(s) or service(s) (each a “Prohibited Transaction”).

Solicit or otherwise encourage any Company contact or customer to enter into any Prohibited Transaction; or

Solicit, procure, induce, or otherwise encourage any of its employees, affiliates, or agents, and/or any third party, to enter into any Prohibited Transaction or to respond to any solicitation to enter into any Prohibited Transaction. 

User Account. You may not allow other persons to use your account, and you agree that you are the sole authorized user of your account. You must select a username and password upon completing the registration process. You are fully responsible for maintaining the confidentiality of your username and password. You agree to immediately notify Techsbook if you know, or have reasonable grounds to suspect, that your username and password have been compromised. Techsbook shall not be responsible for any user’s failure to abide by this paragraph.

Ownership; Licenses. All content included on this app is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the App is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this App.  The Company grants you a limited, revocable, nonexclusive license to use this app solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the app, reverse engineer or break into the app, or use materials, products or services in violation of any law. The use of this app is at the discretion of the Company. The Company may terminate your use of this app at any time. By using the App, you agree to grant Techsbook a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted by you to the App. This license exists only so long as your content remains on the App.

Trademarks. Techsbook is a trademark of the Company. Other product and company names mentioned on this App may be trademarks of their respective owners.

Compliance with Laws. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. You further agree that information provided by you is truthful and accurate to the best of your knowledge. 

Indemnification. You agree to indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this App.

Disclaimer. TECHSBOOK CONNECTS TECHNICIANS AND CUSTOMERS IN NEED OF SERVICES AND DOES NOT PROVIDE TECHNICIAN SERVICES. IT IS UP TO THE TECHNICIAN AND CUSTOMER TO DECIDE WHETHER OR NOT TO ENGAGE IN SERVICES. THE COMPANY CANNOT ENSURE THAT A TECHNICIANS WILL RECEIVE WORK AND CANNOT GUARANTEE THAT CUSTOMERS WILL COMPLETE AN ARRANGED SERVICE, ASSUMES NO RESPONSIBILITY OR LIABILITY FOR AND HAS NO CONTROL OVER CUSTOMERS. THE INFORMATION, SERVICES, AND/OR PRODUCTS ON THIS APP IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS APP IS AT YOUR SOLE RISK, TECHSBOOK, INC., DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP SHALL BE TO DISCONTINUE USING THE APP.

Contractor’s Insurance.  The Contractor shall procure and maintain at all times it performs any portion of the Services the following insurance with minimum limits equal to the amount indicated below.

General Liability (GL) insurance. Two million dollars

Per occurrence. One million 

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, YOUR APP USE, THE SERVICES OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR CONTENT IS TO CEASE ALL OF YOUR APP USE AND SERVICES.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Arbitration Agreement. You agree that you are required to resolve any claim that you may have against the Company on an individual basis by arbitration. This precludes you from bringing any class, collective, or representative action against the Company, and also precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Company by someone else. For the avoidance of doubt, this precludes you from bringing or participating in any kind of any class, collective, coordinated, consolidated, representative or other kind of group, multi-plaintiff or joint action against the Company.

Copyrights. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please let us know (see Contact Information below).

Applicable Law. You agree that the laws of the state of Florida, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Techsbook or its affiliates.

Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative.

Termination. The Company may terminate this Agreement at any time, with or without notice, for any reason.

Relationship of the Parties. Nothing contained in this Agreement or your use of the App shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Entire Agreement. This Terms of Use constitutes the entire agreement between you and Techsbook and governs the terms and conditions of your use of the App, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Techsbook with respect to this App. 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. Techsbook may revise this Terms of Use at any time by updating this Agreement and posting it on the App. Accordingly, you should visit the App and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this app after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

Contact Information.

Techsbook, Inc.

[email protected]