Terms of Use

1. ACCEPTANCE AND MODIFICATIONS

• Acceptance. By creating an account, accessing the Services, or clicking any button indicating acceptance, you affirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our End User License Agreement (EULA).
• Modifications. We reserve the right to modify these Terms at any time. We will notify you of material changes by posting a notice on the Website, sending an email, or through in-app notifications. Your continued use of the Services after such notice constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.
• Additional Terms. Certain Services features may be subject to additional terms and conditions, which will be presented to you before you access such features. Those additional terms are incorporated into these Terms by reference.

2. ELIGIBILITY

• Age Requirement. You must be at least 21 years of age to use the Services. If you are under 21, you may not access or use the Services.
• Legal Capacity. You represent that you have the legal capacity to enter into these Terms and that you are not prohibited from using the Services under the laws of the United States or any other applicable jurisdiction.
• Geographic Restrictions. The Services are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access may not be legal by certain persons or in certain countries.
• Service Provider Requirements. To register as a Service Provider, you must meet additional eligibility requirements as specified in Section 6 below.

3. DESCRIPTION OF SERVICES

• Platform Services. The Services include: (a) a technology platform that enables users to search for and purchase products from participating convenience stores and retailers; and (b) a service marketplace (the “Service Marketplace”) that connects users seeking services (“Service Seekers”) with independent third-party service providers (“Service Providers”) who offer various services including but not limited to childcare, pet care, tutoring, personal care, household services, and wellness services.
• Platform Intermediary. Company acts solely as an intermediary platform and technology provider. Company does not provide, perform, sell, or deliver any products or Marketplace Services. All products are sold by independent retailers, and all Marketplace Services are provided by independent Service Providers.
• No Employment Relationship. Service Providers are independent contractors and are not employees, agents, joint venturers, or partners of Company. Company does not employ, supervise, direct, or control Service Providers or retailers. All contractual relationships for products and Marketplace Services are formed directly between users and retailers or Service Providers.
• Service Modifications. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice or liability.

4. ACCOUNT REGISTRATION AND SECURITY

• Account Creation. To access certain features of the Services, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly if it changes.
• Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) use a strong password and keep it confidential; (b) notify us immediately of any unauthorized use of your account; and (c) not allow others to use your account.
• Account Restrictions. You may not: (a) create an account using false information or on behalf of someone other than yourself; (b) create multiple accounts; (c) transfer your account to another person without our written consent; or (d) use another user’s account without permission.
• Account Termination. We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms, without notice or liability.

5. USER CONDUCT AND PROHIBITED ACTIVITIES

You agree not to:

• Violate any applicable law, regulation, or third-party right;
• Use the Services for any illegal, harmful, or fraudulent purpose;
• Interfere with or disrupt the integrity or performance of the Services;
• Attempt to gain unauthorized access to the Services or related systems;
• Reverse engineer, decompile, or disassemble any aspect of the Services;
• Use automated means (bots, scrapers, crawlers) to access the Services without permission;
• Harass, threaten, stalk, or harm other users, Service Providers, or Company personnel;
• Post or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Collect or store personal information about other users without their consent;
• Circumvent or manipulate any fee structure, billing process, or payment obligations;
• Use the Services to compete with Company or for any commercial purpose not expressly permitted;
• Encourage or facilitate any violations of these Terms.

6. SERVICE PROVIDER REQUIREMENTS

• Registration. To register as a Service Provider, you must: (a) be at least 21 years of age; (b) possess all necessary licenses, permits, certifications, and insurance required by applicable law for the services you offer; (c) have the legal right to work in the United States; and (d) provide accurate information about your qualifications and services.
• Independent Contractor Status. Service Providers are independent contractors. You acknowledge and agree that: (a) you are not an employee of Company; (b) you have no authority to bind Company; (c) you are solely responsible for paying all taxes on your earnings; (d) you are not entitled to any employee benefits; and (e) Company does not direct or control how you perform services.
• Service Provider Obligations. Service Providers must: (a) maintain all required licenses, permits, certifications, and insurance in good standing; (b) comply with all applicable laws and regulations; (c) perform services in a professional and competent manner; (d) maintain accurate availability and pricing information; (e) respond promptly to booking requests; (f) protect Service Seeker information as required by our Privacy Policy; and (g) pay all applicable taxes.
• Profile Accuracy. Service Providers represent and warrant that all information in their profiles, including qualifications, certifications, experience, and reviews, is accurate, current, and not misleading. False or misleading information may result in immediate account termination.
• Prohibited Services. Service Providers may not offer services that: (a) are illegal or involve illegal activities; (b) violate any applicable law or regulation; (c) involve hazardous materials or dangerous activities without proper licensing and insurance; (d) infringe on third-party intellectual property rights; or (e) violate these Terms.
• No Vetting or Background Checks. COMPANY DOES NOT CONDUCT BACKGROUND CHECKS, VERIFY CREDENTIALS, VALIDATE LICENSES, OR VET SERVICE PROVIDERS IN ANY MANNER. Service Seekers are solely responsible for evaluating and selecting Service Providers.

7. BOOKINGS, PAYMENTS, AND FEES

• Product Purchases. When you purchase products through the Services, you enter into a direct purchase agreement with the retailer. Company facilitates the transaction but is not a party to it. All sales are final unless otherwise stated by the retailer.
• Service Bookings. When you book a Marketplace Service, you enter into a direct services agreement with the Service Provider. Company facilitates the booking and may process payment on behalf of the Service Provider, but Company is not a party to the services agreement.
• Payment Processing. You authorize Company to charge your selected payment method for all fees incurred through your account. You agree to maintain valid payment information on file. Company uses third-party payment processors and is not responsible for errors by payment processors.
• Platform Fees. Company may charge platform fees, service fees, delivery fees, or other charges for use of the Services. All applicable fees will be disclosed before you complete a transaction. Fees are non-refundable except as required by law.
• Service Provider Compensation. Service Providers set their own rates for services. Company may deduct platform fees from payments to Service Providers. Service Providers are solely responsible for collecting, reporting, and paying all taxes on their earnings, including income tax, self-employment tax, and sales tax where applicable.
• Pricing Errors. We reserve the right to correct pricing errors and may cancel orders or bookings affected by pricing errors, even after payment has been processed.
• Taxes. Prices may not include applicable taxes. You are responsible for paying all applicable taxes unless otherwise stated. Service Providers are responsible for all taxes on their earnings.

8. CANCELLATIONS, REFUNDS, AND RETURNS

• Product Returns. Product returns and refunds are subject to the policies of the individual retailer. Contact the retailer directly for return requests. Company is not responsible for processing returns or issuing refunds for products.
• Service Cancellations by Users. Users may cancel service bookings in accordance with the Service Provider’s cancellation policy displayed at the time of booking. Cancellation fees may apply. Company is not responsible for refunding payments for cancelled services unless the Service Provider agrees to provide a refund.
• Service Cancellations by Providers. Service Providers may cancel bookings in accordance with their stated policies. If a Service Provider cancels a confirmed booking, you may be entitled to a refund according to the Service Provider’s policy.
• No-Shows. If you fail to appear for a scheduled service without proper cancellation, you may be charged the full service fee. If a Service Provider fails to appear, you may be entitled to a refund.
• Dispute Resolution Assistance. Company may, at its sole discretion, assist in resolving disputes regarding cancellations and refunds, but has no obligation to do so and is not liable for any refunds or compensation.

9. INTELLECTUAL PROPERTY

• Company’s Intellectual Property. The Services and all content, features, and functionality (including but not limited to all software, text, displays, images, video, audio, design, and the selection and arrangement thereof) are owned by Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
• Limited License. Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use in accordance with these Terms. This license does not include any right to: (a) resell or commercial use of the Services; (b) collect or use any product listings, descriptions, or prices; (c) make derivative uses of the Services; (d) download or copy account information; or (e) use data mining, robots, or similar data gathering tools.
• Trademarks. The Convenient name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates. You may not use such marks without prior written permission of Company. Other names, logos, and brands are the property of their respective owners.
• Feedback. If you provide any feedback, suggestions, or ideas about the Services, you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without any obligation to you.

10. USER CONTENT

• User-Generated Content. The Services may allow you to post, submit, or transmit content, including Service Provider profiles, reviews, ratings, photos, comments, and other materials (collectively, “User Content”). You retain ownership of your User Content, but you grant Company a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the Services.
• User Content Representations. You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; (b) your User Content does not violate any third-party rights; (c) your User Content complies with these Terms and all applicable laws; and (d) your User Content is accurate and not misleading.
• Reviews and Ratings. You may rate and review Service Providers and products through the Services. Reviews must be honest, accurate, and based on your actual experience. You may not post fake reviews, manipulate ratings, or review your own services or competing services.
• Content Monitoring and Removal. Company has no obligation to monitor User Content but reserves the right to review, edit, or remove any User Content at any time without notice for any reason, including violation of these Terms. Company does not endorse or guarantee the accuracy of any User Content.
• DMCA Compliance. If you believe any content on the Services infringes your copyright, please notify us at legal@theconvenientapp.com with the information required by the Digital Millennium Copyright Act.

11. DISCLAIMERS AND WARRANTIES

• ‘AS IS’ BASIS. THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• No Warranty of Accuracy. COMPANY DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS WILL BE CORRECTED.
• Service Provider Disclaimer. COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING: (A) THE QUALIFICATIONS, CREDENTIALS, CONDUCT, OR PERFORMANCE OF SERVICE PROVIDERS; (B) THE QUALITY, SAFETY, OR LEGALITY OF MARKETPLACE SERVICES; (C) THE ACCURACY OF SERVICE PROVIDER PROFILES, LISTINGS, OR COMMUNICATIONS; (D) THE SUITABILITY OF ANY SERVICE PROVIDER FOR YOUR NEEDS; AND (E) ANY INTERACTIONS BETWEEN SERVICE SEEKERS AND SERVICE PROVIDERS. COMPANY DOES NOT VET, CONDUCT BACKGROUND CHECKS, OR VERIFY SERVICE PROVIDER CREDENTIALS.
• Third-Party Content. COMPANY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT, INCLUDING USER CONTENT, RETAILER INFORMATION, OR SERVICE PROVIDER PROFILES. COMPANY DOES NOT ENDORSE OR GUARANTEE THE ACCURACY OF ANY SUCH CONTENT.
• User Responsibility. YOU ARE SOLELY RESPONSIBLE FOR: (A) EVALUATING AND SELECTING SERVICE PROVIDERS; (B) VERIFYING SERVICE PROVIDER CREDENTIALS, LICENSES, INSURANCE, AND REFERENCES; (C) ENSURING YOUR SAFETY AND THE SAFETY OF YOUR FAMILY MEMBERS, PROPERTY, AND PETS; (D) COMPLYING WITH ALL APPLICABLE LAWS; AND (E) MAINTAINING APPROPRIATE INSURANCE COVERAGE.

12. LIMITATION OF LIABILITY

• Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100); OR (B) THE AMOUNT YOU PAID TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
• Service Marketplace Liability Exclusion. COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, LOSSES, OR EXPENSES ARISING FROM OR RELATED TO: (A) THE ACTS OR OMISSIONS OF SERVICE PROVIDERS OR SERVICE SEEKERS; (B) THE QUALITY, SAFETY, OR LEGALITY OF MARKETPLACE SERVICES; (C) ANY INTERACTIONS BETWEEN SERVICE SEEKERS AND SERVICE PROVIDERS; (D) PERSONAL INJURY, PROPERTY DAMAGE, THEFT, OR OTHER HARM OCCURRING DURING OR RELATED TO MARKETPLACE SERVICES; (E) DISPUTES BETWEEN SERVICE SEEKERS AND SERVICE PROVIDERS; (F) SERVICE PROVIDER CREDENTIALS, QUALIFICATIONS, OR BACKGROUND; OR (G) FAILURE OF SERVICE PROVIDERS TO PERFORM SERVICES OR FULFILL OBLIGATIONS.
• Basis of Bargain. THE LIMITATIONS SET FORTH IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
• State Law Variations. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, Company’s liability is limited to the fullest extent permitted by law.

13. INDEMNIFICATION

14. DISPUTE RESOLUTION AND ARBITRATION

• Mandatory Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be resolved by binding individual arbitration, except as set forth below. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.
• Exceptions to Arbitration. You and Company agree that the following Disputes are not subject to arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
• Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
• Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in Massachusetts and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. The arbitration shall be conducted in the English language in Worcester, Massachusetts, or at another mutually agreeable location.
• Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If your claim is for $10,000 or less, Company will reimburse you for your filing fee and pay the arbitrator’s and AAA’s fees. If your claim exceeds $10,000, the payment of fees will be governed by the AAA Rules.
• Class Action Waiver. YOU AND COMPANY 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 PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
• Opt-Out Right. You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to legal@theconvenientapp.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.
• Severability. If any portion of this arbitration provision is found to be unenforceable, the unenforceable portion will be severed and the remaining arbitration terms will be enforced.

15. TERMINATION

• Termination by You. You may terminate your account at any time by deleting your account through the Services or by contacting us at support@theconvenientapp.com.
• Termination by Company. We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
• Effect of Termination. Upon termination: (a) all licenses and rights granted to you will immediately terminate; (b) you must cease all use of the Services; (c) you remain liable for all obligations incurred prior to termination; and (d) Sections 9, 11, 12, 13, 14, 16, and 17 will survive termination.
• Outstanding Obligations. Termination does not relieve you of any outstanding payment obligations or obligations to complete any pending transactions or service bookings.

16. GOVERNING LAW AND JURISDICTION

• Governing Law. These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
• Jurisdiction. Subject to the arbitration provisions in Section 14, you agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the federal or state courts located in Worcester County, Massachusetts, and you irrevocably consent to the personal jurisdiction and venue of such courts.
• Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

17. GENERAL PROVISIONS

• Entire Agreement. These Terms, together with our Privacy Policy and EULA, constitute the entire agreement between you and Company regarding the Services and supersede all prior agreements and understandings, whether written or oral.
• Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
• Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
• Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without Company’s prior written consent. Company may freely assign or transfer these Terms. Any attempted assignment in violation of this provision is void.
• No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Company.
• Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
• Notices. All notices to Company under these Terms shall be sent to legal@theconvenientapp.com or to The Convenience App, LLC, 2 Mount Royal Avenue Suite 400, Marlborough, Massachusetts 01752. Company may provide notices to you by email, posting on the Website, or in-app notifications.
• Interpretation. Section headings are for convenience only and shall not affect the interpretation of these Terms. The words “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation.”
• Electronic Communications. By using the Services, you consent to receiving electronic communications from Company. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
• Export Controls. You may not use, export, or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to support@theconvenientapp.com. You may also contact us by writing to The Convenience App, LLC, 2 Mount Royal Avenue Suite 400, Marlborough, Massachusetts 01752, or by calling toll-free at 857-268-2246. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

18. CONTACT INFORMATION

If you have any questions about these Terms, please contact us: