Terms of Use
Last Updated: June 9, 2025

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES WITH US RATHER THAN RESOLVE DISPUTES THROUGH A JUDGE OR JURY TRIAL, OR ANY COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. BY ACCESSING, OR USING THE PLATFORM, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM. PLEASE READ CAREFULLY.

ACCEPTANCE OF THESE TERMS
This Terms of Use Agreement ("Terms"), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and participation in the Platform made available by Ecayn, Inc. or any of its subsidiaries (collectively, and including such entities operating under any other names (including, without limitation, Setter), "Ecayn," "we," "our," or "us") or through Ecayn and the entirety of your relationship with Ecayn. YOU UNDERSTAND AND AUTHORIZE ECAYN TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM OUR VENDORS AND/OR VERIFY YOUR IDENTITY THROUGHOUT YOUR USE OF THE SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THE FAIR CREDIT REPORTING ACT ("FCRA").

THESE TERMS, OUR PRIVACY POLICY, AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU, THE USER OF THE PLATFORM, AND ECAYN. YOU HEREBY AGREE THAT THE AGREEMENT FORMED BY THESE TERMS IS EQUIVALENT TO ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY ACCESSING OR OTHERWISE USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity or other individual, you represent and warrant that you have the authority to bind that entity or individual, and to perform and otherwise undertake all of your obligations hereunder. Your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, officers, employees, and agents.

MODIFICATIONS
Ecayn reserves the right, in our sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Ecayn will notify you of changes by posting the updated Terms on the Platform and may also, in our sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Modifications will become effective 30 days after the earliest of: (a) modifications being posted on the Platform; (b) Ecayn's transmission of a message to you about the modifications (which may be made via a notice or communication on the Platform itself); or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the 30 days will constitute your consent to the changes. If you do not agree, you may not access or use the Platform. Be sure to return to the Platform and this webpage periodically to ensure you are familiar with the most current version of these Terms. YOUR CONTINUED USE OF OR ACCESS TO THE PLATFORM AFTER SUCH EFFECTIVE DATE OF ANY SUCH MODIFICATION OR AMENDMENT INDICATES YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.

ADDITIONAL TERMS AND POLICIES
Please review Ecayn's Privacy Policy, incorporated herein by reference, for information and notices concerning Ecayn's collection and use of your information. The provision and delivery of text messages by Ecayn or our text message service providers is governed by our SMS Terms and Conditions, which are expressly incorporated herein. The "Ecayn Guarantee" is governed by the Ecayn Guarantee Terms and Conditions, which are expressly incorporated herein. Please review the full set of key Ecayn policies that govern your use of the Platform and our interactions with you and third-parties, which are expressly incorporated herein. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter takes precedence with respect to your use of that area or product.

KEY TERMS
"Collective Content" means User Content and Ecayn Content together.

"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Pro Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.

"Consumer" means a User who is registered to search for Service Professionals on the Platform, seeks Pro Services from Service Professionals on the Platform, makes a booking with a Service Professional to purchase a Pro Service (or receive a quote in contemplation thereof), is registered for or undergoes a home specialist consultation or similar service with respect to their home, utilizes a Ecayn plan to track maintenance on a home, is a Ecayn Plus member, agrees to these Terms, or otherwise uses the Platform, including, without limitation, receive, pay for, review, or facilitate the receipt of Pro Services. Because a Consumer may be, or may become, a customer of a Service Professional, a Consumer is often referred to as a "customer" or a "Customer" on the Platform and in marketing materials related to the Platform. Please note that, for purposes of these Terms, "Consumer" includes, without limitation, any individual or agent you authorize to use your Account on your behalf.

"Fee" means any amount charged by Ecayn to a User in connection with the Platform.

"Feedback" means any feedback, comments, questions, or suggestions provided by a User concerning Ecayn or our services, including our Platform.

"Platform" means all Ecayn websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through Ecayn.

"Privacy Policy" means the Ecayn Privacy Policy located at https://www.ecayn.com/privacy/, including any amendments, supplements or modifications thereto made from time to time.

"Pro Services" means the services listed, quoted, scheduled, offered, fulfilled or provided by Service Professionals, or sought, scheduled, paid for, or received by Consumers, through the Platform.

"Service Professional" means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of Pro Services. Service Professionals are often referred to as "pros" on the Platform.

"Ecayn Content" means all Content Ecayn makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.

"User" means a person or entity who completes Ecayn's account registration process, agrees to these Terms, utilizes any services offered by or through the Platform, or a person or entity who submits or receives a request through Ecayn, including but not limited to Service Professionals and Consumers.

"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other user of the Platform, including but not limited to photographs, voice or audio recordings, videos, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Ecayn Content and Feedback.

CHANGES, ELIGIBILITY, SERVICE PROFESSIONAL REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM
Ecayn reserves the right at any time and with or without notice to you, to change (i) the Platform, including, without limitation, eliminating, supplementing, modifying, adding, or discontinuing any content, feature, data, or service on or available through the Platform, or the hours during which they are available; and (ii) the prices and Fees (if any) for access to or use of the Platform or any component thereof. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Platform, or any component or services on the Platform. We reserve the right to limit the availability of the Platform, Content, or Pro Services offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements. Ecayn, at all times, strives to maintain compliance with all laws applicable to its performance under these Terms and its provision of the Platform. Ecayn also uses its best efforts to stay up to date on updates to those applicable laws.

By registering or using the Platform to offer, post, or provide Pro Services, Service Professionals represent and warrant that they, and the employees, agents, suppliers contractors, and subcontractors who may perform work for them, (i) are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Pro Services and in relation to the specific job they are performing; (ii) comply and will continue to comply with all applicable laws, including, without limitation, applicable privacy and marketing laws, in their use of the Platform and any personal information obtained from the Platform; (iii) will perform the Pro Service as outlined in their agreement with the Consumer and work to remedy any material deviations from such contract; and (iv) will perform the Pro Services in a professional, workmanlike manner in accordance with industry standards and in accordance with these Terms.

Ecayn does not sell or otherwise provide Pro Services. Ecayn may directly provide home project consultations and related on-Platform services to Consumers, but any Pro Services solicited as a result of any such consultations or on-Platform services are provided by an independent Service Professional without any representation, warranty, guarantee, or endorsement from Ecayn other than as expressly provided for herein. Ecayn also facilitates Pro Service transactions, which facilitation may include displaying a list of Service Professionals profiles, allowing Consumers and Service Professionals to send messages to each other, allowing for the booking of an appointment for the provision of Pro Services, assisting in the selection of a Service Professional for certain Consumers, and processing payment for certain Pro Services. Consumers understand that any such facilitation does not constitute a warranty, guarantee, or endorsement in relation to the Pro Services. Without limiting the foregoing, we make no representation—and you acknowledge that we make no representation—that the Platform, or Pro Services available through the Platform, are appropriate or available for use in all locations. Those who choose to access the Platform and Pro Services therein do so of their own initiative and at their own risk and are responsible for compliance with applicable federal, state and other local laws. Service Professionals understand and agree that using the Platform does not guarantee that anyone will engage them for Pro Services. Consumers understand that any Pro Services they solicit and/or pay for using the Platform are solicited directly from the Service Professional providing such Pro Services.

Service Professionals understand and agree that they are customers of Ecayn, and are not Ecayn employees, contractors, consultants, joint venturers, partners, or agents. Service Professionals acknowledge that they provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Ecayn does not control, and has no right to control, the services a Service Professional provides (including the details of how the Service Professional provides such services) if the Service Professional is engaged by a Consumer or any other person, except as specifically noted herein or on the Platform.

Ecayn, as permitted by applicable laws, obtains reports regarding Service Professionals, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Professional's account based on the results of such a report, with or without notice. As a Service Professional, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Ecayn's vendors. Please see our Privacy Policy for more information. Service Professionals agree to inform Ecayn of any material criminal convictions that occur after any such reports are run.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using certain third-party account and log-in credentials (your "Third-Party Site Password"), such as your Facebook or Google credentials. Please note that your Third-Party Site Password may be subject to such third-party's terms and conditions and privacy policy. We do not control any such third-party's use of your Third-Party Site Password or their use of your information. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Ecayn password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Ecayn immediately of any unauthorized use. Ecayn is not liable for any losses by any party caused by any unauthorized use of your Account. You are liable for the losses of Ecayn or others due to any unauthorized use of your Account related to your failure to comply with these Terms. Your Account is non-transferable except with Ecayn's written permission and in accordance with Ecayn policies and procedures (as may be provided and updated from time to time).

Please note that if you provide any personal information to a third party or direct us to share your personal information with a third party, such third party's use of your personal information is subject to such third-party's terms and conditions and privacy policy. You hereby acknowledge that we are not liable for any such third party's use of your personal information.

YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, Ecayn grants you a limited, non-exclusive, revocable, non-transferable, non-assignable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you as is. The Platform and Collective Content are only for personal or internal business use. You may not use the Platform or Collective Content in any way that is unlawful, that violates these Terms of Use, or that harms us or any other person or entity. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Ecayn or our licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. The contents of private messaging through the Platform will not be used by Ecayn in public advertising. By making available any User Content on or through the Platform, you hereby grant to Ecayn a worldwide, irrevocable, perpetual, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market or advertise the Platform or Pro Services, or for any other purpose in our sole discretion and in accordance with applicable law. In the interest of clarity, the license granted to Ecayn will survive termination or expiration of these Terms, the Platform, or your Account. Ecayn does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Ecayn the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Ecayn's use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While Ecayn has no obligation to do so, you agree that Ecayn may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

Ecayn reserves the right, at any time and without prior notice, but is under no obligation, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason in our sole and absolute discretion.

If you believe that any User Content infringes any copyright that you own or control, please see our Copyright & DMCA Policy for more information.

PROHIBITIONS
As a User of the Platform, you may not, and represent and warrant that you will not:

Use another person's Account, misrepresent yourself or Pro Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, post Content in any inappropriate category or areas on the Platform, or otherwise commit fraud;

Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without Ecayn's prior written approval; provided, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Ecayn reserves the right to revoke these exceptions either generally or in specific cases);

Copy text, or otherwise misuse or misappropriate Platform information or Content in any manual or automated manner including but not limited to, for use on a mirrored, competitive, or third-party site;

Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware or any other technologies that may harm Ecayn or our Users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third-party, including privacy or publicity rights; or (g) circumvents or manipulates the Fee structure, billing, or Fees owed;

Use the Platform in any manner that circumvents, or that may be intended to circumvent, your obligation to pay Ecayn for access to services provided by the Platform or by Service Professionals;

Notwithstanding anything to the contrary contained in these Terms, collect, harvest, scrape, publish, "sell", or use for purposes of targeted advertising, any personal information, including but not limited to information related to Users for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;

Violate any applicable laws or regulations;

Fail to comply with a User's requests (including, those made on their behalf by Ecayn) to no longer receive phone calls, text messages, e-mails or any other communications from you;

Recruit, solicit, or contact in any form Service Professionals or Consumers for employment or any other use not specifically intended by the Platform;

Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;

Violate in any material respect any Ecayn policies that govern your use of the Platform and our interactions with you and third-parties;

Advertise or solicit a Pro Service not related to or appropriate for the Platform including, but not limited to any Pro Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Ecayn; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) offers a Pro Service not reasonably available to a Consumer or other individual in that Consumer or individual's location;

Submit User Content that damages the experience of any User including but not limited to (a) requests to download non-Ecayn mobile applications and/or links that direct the User to mirrored websites where the User must enter information that is redundant with what has already been entered on Ecayn, (b) offers to purchase a Pro Service or any other service outside of Ecayn, or (c) using a profile page or User name to promote services not offered on or through the Platform;

Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;

Fail to perform Pro Services purchased from you as promised, unless the applicable Consumer fails to meet a material term of the applicable agreement for such Pro Services (including by refusing to pay);

Seek to charge a Consumer for Pro Services when payment has already been, or is scheduled to be, initiated through Ecayn;

Engage in fraudulent conduct, including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to mail cash or use other payment methods prohibited by Ecayn;

Sign up for, negotiate a price for, use, or otherwise solicit a Pro Service with no intention of following through with your use of or payment for the Pro Service;

Agree to purchase a Pro Service when you do not meet a Service Professional's requirements;

Create more than one Consumer or Service Professional Ecayn account without our written permission;

Circumvent, or seek to circumvent, payment through the Platform where payment through the Platform is indicated to you as mandatory or is initiated by a Consumer;

Fail to comply with any applicable laws or regulations related to your use of the Platform (including, without limitation, your receipt or provision of Pro Services);

Share a Ecayn Plus subscription across multiple households;

Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Platform or information collected therefrom;

Use information obtained through the Platform to profile or contact individuals off of the Platform;

Seek to circumvent the terms of, or abuse, your Ecayn Plus subscription;

Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and

Attempt to indirectly undertake any of the foregoing.

ECAYN BUDGET, FEES, AND TAXES
In connection with the use of Ecayn's Platform, Ecayn charges Fees, which may change or be updated by Ecayn from time to time in Ecayn's sole and absolute discretion.

Service Professionals can pay Fees to Ecayn in order to receive certain services on the Platform, including but not limited to receiving contacts, bookings or payments from Consumers or other individuals. If you are a Service Professional, Ecayn may automatically charge your stored payment method when Consumers or other individuals contact or make a booking with you concerning a Pro Service that Ecayn has basis (e.g., through their actions or preferences set on the platform) to believe you perform. These charges may be disputed in adherence to our Refund Policy.

Ecayn may also charge other types of Fees that you have previously agreed to (for example, cancellation fees or fees for services such as Front Desk) to your stored payment method or as deduction from your Ecayn balance. Fees may also be deducted from the total amount a Consumer pays for a particular Pro Service. In order to use Ecayn, you must have at least one valid payment method stored on file and the storage of such payment method is subject to our Stored Payment Terms and Conditions. As described more fully below, you may also be required to set a spending limit or Budget (as defined below). Except as otherwise expressly described herein or in our Refund Policy, all sales on the Ecayn Platform and Fees paid by you to Ecayn are final and non-refundable.

Budget for Service Professionals. As a Service Professional, Ecayn may require you to set one or more spending limits ("Budgets") for how much you are willing to spend on certain Fees over a specific period ("Budget Period"). The types of leads or other Fees that count against your Budget will be disclosed to you at the time you set your Budget. You understand that Ecayn may charge your stored payment method in excess of your Budgets if such charges relate to Fees not covered by your Budget (including for "opportunities" contacts or for commission-based Fees), or if you otherwise give Ecayn permission to do so. You will not be charged the Budget amount upfront or automatically - your Budget is not a subscription. Rather, you will be charged Fees (as further described below) and the types of Fees covered by a Budget will not exceed your specified Budget without your permission. While Ecayn may provide an estimate for the number of Consumers who may contact you if you set a particular Budget for a particular Budget Period, or if you otherwise set a certain spending preference, you acknowledge and agree that any such estimate is not a guarantee, represent or warrant, that Ecayn does not and cannot control any Consumer or other individual's interest in contacting or hiring you, and that actual results will vary.

We will identify the length of the Budget Period when you set your Budget. The length of the Budget Period will not change within a given Budget Period but may be changed for subsequent Budget Periods. If a Budget Period length changes, you can adjust your Budget. If you do not do so, Ecayn will automatically pro-rate your then-current Budget to the length of the new period. For example, if you indicate you are willing to spend $100 for a one-week Budget Period, the Budget Period shifts to two weeks, and you do not make changes manually, your Budget will automatically be adjusted to $200 for the two-week Budget Period. You can change your Budget for a Budget Period at any time, including in the middle of a Budget Period, subject to the terms of this paragraph and what you have already spent or incurred. Ecayn may limit the number of times you can change your Budget during a given Budget Period in its sole and absolute discretion. If you do not change your Budget in advance of a subsequent Budget Period, your Budget from the then-current Budget Period will automatically be used for that subsequent Budget Period, subject to the foregoing.

Timing of Charges for Service Professionals on Ecayn. As a Service Professional using Ecayn, there are different points at which your payment method may be charged:

If You Lack Sufficient Purchasing History on Ecayn
If you are new to Ecayn or do not have a sufficient purchasing history on the Platform as determined in Ecayn's sole and absolute discretion, your payment method may be charged each time you are contacted or booked by a Consumer or other individual and you do not have an adequate Ecayn balance to cover the cost of that contact.

If You Have a Sufficient Purchasing History On Ecayn
Once Ecayn determines, in our sole and absolute discretion, that you have sufficient purchasing history on Ecayn, Ecayn may charge your payment method periodically for the total Fees accrued when Consumers or other individuals contact you. Specifically, Ecayn may charge your payment method each time (a) a specific time period has passed; and/or (b) within that time period, each time the total Fees accrued hit a certain dollar threshold. The frequency of charges may not match the Budget Period described above. Ecayn may adjust both the specific time period and the dollar threshold that trigger charges in our sole and absolute discretion. Ecayn may also, in our sole and absolute discretion, revert to charging your payment method each time you are contacted by a Consumer or other individual.

Ecayn may offer certain services or features with payment timing that differs from, or is not applicable to, the above. Please be sure to read any additional terms and conditions that may apply to such services or features.

Default Payment Method. For ordinary charges, Ecayn will first attempt to charge the Service Professional's default payment method. In the event that Ecayn is unable to charge that payment method for any reason--including but not limited to exceeding a payment method's credit limit, payment method cancellation, a payment method being out of date, or payment method details being incorrect--you agree that Ecayn may charge any other payment method associated with your account and take any other action to collect payment from you. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Pro Services. If Ecayn is unable to charge the default payment method, Ecayn may attempt to charge any other payment methods associated with your Account in any order.

Prepaid Packages. Ecayn may from time to time provide Service Professionals the opportunity to purchase from Ecayn a package of prepaid lead generation fee credits ("Credits"). Prepaid Packages may only be used toward the payment of Fees, other than penalty Fees (as described below). All sales of Prepaid Packages are final. Any unused portion of a Prepaid Package is not refundable and is not redeemable for cash. Prepaid Packages do not expire and may be redeemed by a Service Professional for as long as you have an active Account that is in good standing, as determined by Ecayn in its sole discretion. If Fees paid with a Prepaid Package credit are subject to refund in accordance with our Refund Policy, you will receive the refund in the form of additional Prepaid Package credits. You agree that all unused credits in a Prepaid Package will no longer be redeemable if your Account is closed by you or Ecayn for any reason. Any credits provided to you as part of a Promotion (defined below) shall be redeemed for a purchase in proportion to the amount of unused credits you may have remaining in a Prepaid Package.

Penalty Fees for All Users. Ecayn may also charge penalty Fees for fraud, misconduct, late payment or other violations of these Terms, as determined in our sole discretion. Information about current penalty Fees is available in the help center.

In addition, Ecayn may charge certain penalty Fees disclosed directly in the Platform, including cancellation Fees.

You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges will be made to the payment method designated at the time you accrue a Fee. If you do not pay on time or if Ecayn cannot charge a payment method for any reason, Ecayn reserves all rights permissible under law to recover payment plus all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.

You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information current, including but not limited to your email address and phone number. Such communication may be made by Ecayn or by anyone on our behalf, including but not limited to a third-party collection agent.

If we cancel your Account for violation of these Terms or if you cancel your Account at any time, your funds will automatically expire and you will not receive any refund of any amounts that may be owned to you by Ecayn, and you will no longer be able to redeem any unused credits, including those credits from a Prepaid Package or from a Promotion, as applicable. If you have a balance due on your Account, you agree that Ecayn may charge such unpaid Fees to your default payment method, of if that payment method fails, any back-up payment method saved to your Account, or otherwise bill you for such unpaid Fees.

Taxes. Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, "Taxes"). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of or use of the Pro Services, and you will be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Pro Services. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Ecayn can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Ecayn when Ecayn includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Service Professionals or Consumers.

TRACKING COMMUNICATIONS
In order to ensure appropriate charging of Fees and compliance with these Terms, Ecayn may track the communications between Consumers and Service Professionals that occur off of the Platform but through features and services provided by Ecayn (e.g., via Ecayn Messenger, phone call, SMS text message, or any other means), whether initiated by a Consumer or Service Professional, at all times to the extent permitted by applicable law. In order to track such communications, Ecayn may obscure Service Professional contact information in a Service Professional profile, replace Service Professional contact information in a Service Professional profile with a different piece of contact information that will forward to the Service Professional, or take any other step reasonably calculated to track the occurrence of such communications.

If you send text messages to a Consumer or Service Professional using the telephone number for that User available on the Platform, we may use a third-party service provider to track these text messages on services and features we make available to you (e.g., Ecayn Messenger). We track these text messages for lawful purposes and those purposes set forth in our Privacy Policy, including, for example, fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. Please see our Privacy Policy for more information. As part of this process, Ecayn and our service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.

SUBSCRIPTIONS
Ecayn may offer additional, subscription-based, online services to certain Consumers ("Subscription Services"). Please note that such Subscription Services, if applicable and made available to you by Ecayn, will be subject to additional terms and conditions. We encourage you to review such additional terms and conditions prior to signing up to any such Subscription Services.

Automatic renewal. Subscription Services, where made available to you by Ecayn, may be subject to automatically renewing subscription terms. Where applicable, at the end of your Subscription Service subscription, your subscription will automatically renew for periods of the same length as your original subscription. You can opt-out pursuant to the methods and procedures set forth in the applicable Subscription Service terms and conditions. Contact Ecayn customer service for further information or support. Such automatic renewal(s) will result in an automatic charges of the Fee (as such Fee may be modified as provided above) using the payment method on file for your Account. Such renewal payment will take place on or about your renewal date. Your subscription will continue and your payment method will be charged until you cancel the subscription, which you may do at any time via the methods set forth in the applicable Subscription Service terms and conditions.

MARKETPLACE PAYMENTS
The Ecayn platform may facilitate payments between Consumers and Service Professionals ("Marketplace Payments") through our payment processing partner Stripe, but Ecayn is not a party to any such Marketplace Payments or any Pro Services related thereto. Unless otherwise indicated, Marketplace Payments may be made for services only; Marketplace Payments for tangible personal property is prohibited. By agreeing to these terms or continuing to operate as a Service Professional on the Platform, you hereby appoint Ecayn to act as your agent for the limited purpose of facilitating and receiving Marketplace Payments on your behalf through Stripe as contemplated herein. You acknowledge and agree that, subject to any rights you have pertaining to Marketplace Payment disputes, once a Marketplace Payment has been made through the Ecayn Platform, the payment obligation of the payor User shall be deemed satisfied by the payee User upon receipt of the Marketplace Payment by Ecayn as though the payor User had made the Marketplace Payment directly to the payee User.

Ecayn does not offer any professional services directly or indirectly unless specified in a separate contract to which Ecayn is a direct party. Any time a Consumer pays for or books Pro Services on the Platform or receives a quote in connection with Pro Services, such Consumer is contracting directly with the Service Professional offering such Pro Service. Notwithstanding any facilitation of booking or payment, you understand and agree that Ecayn (i) does not sell, offer, provide or subcontract any Pro Service and (ii) is not liable in any way for any Pro Service, except to the extent expressly set forth in the Ecayn Guarantee (which guarantee is provided in connection with Thumbtack's role as a marketplace only, not in a role of a provider, contractor, or subcontractor of Pro Services). Notwithstanding Ecayn's role as a payment facilitator, each Service Professional who receives Marketplace Payments understands and agrees that they are obligated to perform the Pro Service as outlined in their agreement with the Consumer and work to remedy any material deviations from such contract.

Service Professionals who receive Marketplace Payments from Consumers on Ecayn must agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. Service Professionals should never agree to receive a Marketplace Payment, or perform services in expectation thereof, before they have confirmed that they can comply with such Stripe agreements and, in particular, Service Professionals should note that they will need a social security number or employer identification number in order to receive Marketplace Payments. As a Service Professional, by agreeing to these terms or continuing to operate as a Service Professional on Ecayn, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as those agreements may be modified by Stripe from time to time. As a condition of receiving payment processing services through Stripe, you agree to provide Ecayn with accurate and complete information about you and your business, and you hereby authorize and direct Ecayn to disclose this information and transaction information related to your use of the payment processing services provided by Stripe, to Stripe. Service Professionals also agree that Ecayn may debit their Stripe account in connection with disputes with Consumers. Ecayn reserves the right to process such debits and to withhold final payments until Ecayn has investigated disputes. Ecayn may make a final decision on disputes in their sole and absolute discretion and, as a Service Professional, you understand that all Marketplace Payments you may earn on the Platform are subject to such decisions. Additionally, Service Professionals agree that Ecayn may reverse payments that have been made to a Service Professional's Stripe Connected Account when a customer refund or guarantee payout is warranted, including in connection with such Service Professional's actions or inactions that are prohibited by these Terms.

As a Consumer making a Marketplace Payment through Stripe, you agree to pay all amounts you owe when due using your preferred payment method. You further authorize Stripe to charge your preferred payment method for amounts you owe when they are due, whether they are recurring or one-time payments. You must keep all payment information you provide us up-to-date, accurate and complete. When you store a payment method with us, you agree to our Stored Payment Terms and Conditions. Do not share your payment card, bank account or other financial information with any other User. We take reasonable and appropriate steps designed to secure all payment methods and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.

Ecayn may enable you to make Marketplace Payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support. We reserve the right to cancel your ability to make payments with one or more of the payment methods you have authorized in our sole and absolute discretion.

If you choose your bank account as your Marketplace Payment method, you authorize Stripe to make Automated Clearing House ("ACH") withdrawals from your bank account, and to make any inquiries we consider necessary to validate any dispute involving payments you make to us or to a User, which may include ordering a credit report and performing other credit checks or verifying the information you provide us against third-party databases. You authorize Ecayn or our provider to initiate one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and you authorize the financial institution that holds your bank account to deduct such payments. You also authorize the bank that holds your bank account to deduct any such payments in the amounts and frequency designated in your Account. Your authorization will remain in effect until canceled in writing by you. You agree to notify us of any changes to your account information or termination of your authorization at least five days prior to your next payment.

If your full payment is not processed by us at the same time, you hereby authorize partial debits from your bank account, not to exceed the total amount of your order. You agree to pay any ACH fees or fines you or we incur associated with transactions you authorize. This return fee will vary based on which state you are located in. The return fee may be added to your payment amount and debited from your bank account if we resubmit an ACH debit due to insufficient funds. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys' fees. Federal law limits your liability for any fraudulent, erroneous, or unauthorized transactions from your bank account based on how quickly you report it to your financial institution. You must report any fraudulent, erroneous or unauthorized transactions to your bank no more than 60 days after the disputed transaction appeared on your bank account statement. Please contact your bank for more information about the policies and procedures that apply unauthorized transactions and the limits on your liability.

Marketplace Payment Disputes: All requests for Marketplace Payment chargebacks, errors, claims, refunds and disputes ("Payment Disputes") will be subject to review by Ecayn in accordance with the rules applicable to the payment method you used to make the Marketplace Payment and will be in Ecayn's absolute discretion. Ecayn is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process a valid written Payment Dispute request within 30 days after we receive it, unless a shorter period is required by law. You may file a Payment Dispute by emailing it to Ecayn support at support@ecayn.com. If you close or deactivate your Account before we adjudicate your Payment Dispute, we will not be able to issue you any amounts you are owed. We will attempt to pay you any Payment Disputed amounts you are owed using the method with which you made the disputed payment, but we cannot guarantee that we will be able to do so if your payment method information is inaccurate, incomplete, or has been canceled.

If your actions result in, or are likely to result in, a Payment Dispute, a violation of these Terms of Use or the creation of other risks to Ecayn or our payment processing partners, or if we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may, to the extent legally permitted, withhold any amounts owed to you in our sole and absolute discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed; (c) invoice you for amounts due to us, which such amounts will be due upon receipt; (d) reverse or block any credits to your bank account; or (e) collect payment from you by any other lawful means.

If you fail to make Marketplace Payments you owe when due, or if Ecayn is unable to charge one of your payment methods for any reason, Ecayn reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees and related costs, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by Ecayn or by anyone on our behalf, including but not limited to a third-party collections agent.

Ecayn may, from time to time, place a hold on any of your payment methods in order to prevent failed payments or in order to reverse your booking.

ECAYN PROMOTIONS
You may receive certain offers from Ecayn ("Promotions"), including but not limited to discounted or free services, discounts on or credits towards payments made for Pro Services, and discounts or credits in relation to referrals. Any Promotions are offered at Ecayn's discretion, expire in accordance with the stated terms of the particular Promotion, and may be revoked at any time and for any reason. Promotions are not redeemable for cash unless otherwise required by law. Any credits provided to you as part of a Promotion shall be redeemed for a purchase in proportion to the amount of unused credits you may have remaining in a Prepaid Package (as defined above). Note that any attempt (as determined by Ecayn in its sole discretion) to game, fraud, or in any way circumvent terms of a promotion is grounds for revocation, including but not limited to providing false information or utilizing multiple User accounts.

You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from Ecayn offering you that Promotion, (b) you satisfy all the requirements identified in that communication and such Promotion's applicable, additional terms and conditions; and (c) you maintain an Account in good standing with Ecayn. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate, including limiting eligibility to a subset of Users, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services. Except where otherwise noted, Promotions are for one-time use only and cannot be stacked (i.e. a User may only use one Promotion per project).

Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you pursuant to the applicable Promotion's terms and conditions. Benefits of any Promotion are only available and can only be used during the applicable Promotion period, as stated in the applicable terms and conditions. Notwithstanding anything to the contrary, Ecayn may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing.

Any such Promotions will be subject to additional terms and conditions.

SPONSORED INFORMATION
Ecayn may publicly display advertisements, paid content, and other sponsored information. The manner, mode, and extent of such advertising are subject to change without specific notice to you. Service Professionals may compensate Ecayn to highlight themselves in search results and therefore rank higher. Any such Service Professionals will be clearly designated in applicable search results. Ecayn may impose certain quality-related standards for Service Professionals to qualify as for a search rankings boost, which standards may be enforced and/or changed at any time. Our provision of advertisements, paid content, or other sponsored information as noted above does not imply that we monitor or endorse any such product, service, or website being promoted.

Additionally, the Platform may provide links to third-party websites for your convenience only. The inclusion of these links does not imply that Ecayn monitors or endorses these websites or their respective practices. Ecayn does not accept any responsibility for such websites. Ecayn shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. These Terms and our Privacy Policy do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.

DISPUTES BETWEEN OR AMONG USERS
Ecayn values our Service Professionals and Consumers, and we understand that disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at Ecayn's request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Ecayn or a neutral third-party mediator or arbitrator selected by Ecayn. Notwithstanding the foregoing, you acknowledge and agree that Ecayn is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.

INTELLECTUAL PROPERTY RIGHTS
Ecayn Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Ecayn and our licensors exclusively own all right, title, and interest in and to the Platform and Ecayn Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Ecayn used herein are trademarks or registered trademarks of Ecayn. No licenses, express or implied, are granted by Ecayn to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Ecayn and all such rights are reserved and retained by Ecayn. ALL RIGHTS RESERVED.

Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners. Any unauthorized use of the materials appearing on the Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

FEEDBACK
By sending us any Feedback you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Ecayn and our Users any claims and assertions of any moral rights contained in such Feedback. If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. This Feedback section will survive any termination or expiration of these Terms, your Account, or the Platform.