Terms of Service for Strech Professionals
Contents
- The short version
- Important notice
- How to read these Pro Terms
- 1. About these Pro Terms
- 2. Your independent business
- 3. Joining Strech
- 4. Licenses and insurance
- 5. Job offers and accepting Jobs
- 6. Visit rules
- 7. Homeowner information and confidentiality
- 8. Keeping work and payment on Strech
- 9. Fees, payments and payouts
- 10. Quality, ratings and Reports about the work
- 11. Reports, pauses, suspension, removal and appeals
- 12. Responsibility for losses
- 13. The Pro App, your content and the Strech brand
- 14. Texts, calls and electronic communications
- 15. Apple and Google
- 16. Resolving disputes
- 17. General terms
- 18. Contacting us
- 19. Definitions
- 20. Signing
The short version
- You run an independent business. You decide when you are available, which jobs you accept, and how you do your trade. Strech is a booking service, not your employer.
- You may pass on any job offer. Passing is never held against you, and there are no minimum hours.
- Some jobs start from a homeowner's Strech sensor alert. You get the alert details needed for the job, and you use them only for that job.
- Strech checks every Pro before activation: licenses, insurance, an in-person meeting, training and, with your written permission, a background check.
- You set your own price for each job type, within a price range Strech sets. Any change in price goes through the Pro App and the homeowner approves it first. Never renegotiate at the door.
- If your business sends its own technicians to jobs, each technician must be named to Strech and pass the same vetting as an individual Pro before their first job. You may bring helpers who work for your business, but only if each one is individually registered with and approved by Strech and listed on the job first. You are fully responsible for anyone you send or bring.
- All work and payment for homeowners you meet through Strech stays on Strech. Never take cash or return to a home outside a booked visit.
- Strech's fee is waived for your first 12 months after activation. After that, the fee is 10% of the job price, and we remind you at least 30 days before it starts. The homeowner pays Strech's separate homeowner fee, not you.
- If a visit is unsafe, leave. A safety exit is never held against you, and Strech reviews whether you should be paid for the visit.
- No one is suspended or removed by a computer. A person decides, you get the reasons in writing, and you can appeal.
- Most disputes with Strech are decided by an individual arbitrator, not a court, and not as a class action. You can opt out within 30 days. Section 16 explains how.
This summary is for convenience only. The full Pro Terms below control.
Important notice
PLEASE READ SECTION 16 CAREFULLY. IT REQUIRES YOU AND STRECH TO RESOLVE MOST DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AFTER YOU FIRST SIGN THESE PRO TERMS, AS SECTION 16.10 EXPLAINS. SECTION 12 ALLOCATES RESPONSIBILITY FOR LOSSES BETWEEN YOU AND STRECH. NOTHING IN THESE PRO TERMS PREVENTS YOU FROM REPORTING ANY CONCERN TO A GOVERNMENT AGENCY OR LICENSING AUTHORITY.
How to read these Pro Terms
These Pro Terms are long because we want them to be complete. They are organized so you can go straight to what you need:
- Sections 1 and 2 explain what these Pro Terms are and your status as an independent business.
- Sections 3 and 4 cover joining Strech, vetting, technicians a Pro business sends, licenses and insurance.
- Sections 5 and 6 cover job offers, including Jobs that come from a sensor alert, prices and the rules for every visit.
- Sections 7 and 8 cover homeowner information, confidentiality, and keeping work and payment on Strech.
- Section 9 covers fees, payments, payouts and taxes.
- Sections 10 and 11 cover quality, Reports, suspension, removal and appeals.
- Sections 12 to 15 cover responsibility for losses, the Pro App, texts and the app stores.
- Sections 16 to 18 cover disputes, general terms and how to contact us.
- Section 19 defines the words we use, and Section 20 is where you sign.
Words that begin with a capital letter, such as "Pro", "Job" and "Report", have the meanings given where they first appear and in Section 19.
1 About these Pro Terms
1.1 Who we are
Strech Inc. ("Strech", "we", "us" or "our"), a Delaware corporation, runs Strech, the home operating system: small sensors in homeowners' homes catch problems early, and vetted local professionals fix them. For Pros, Strech is a booking service that connects homeowners in Montgomery County, Maryland with independent local professionals for home repair and home help.
1.2 What these Pro Terms are
These Pro Terms are both the Strech Terms of Service for Pros and the Strech contractor agreement. They are the agreement between Strech and the person or business that provides services through Strech (each a Strech Professional, or "Pro" or "you"). The Privacy Policy for Strech Professionals, available at https://strech.ai/privacy/pros/ (the "Privacy Policy") forms part of these Pro Terms. Together, these Pro Terms and the Privacy Policy are the "Pro Terms" referred to in the Privacy Policy. If these Pro Terms and the Privacy Policy conflict on how we handle personal information, the Privacy Policy controls.
These Pro Terms cover your use of the Strech Professional app on iPhone, Android and the web, and the application, vetting, training, activation, support and payout processes connected to it (together, the "Pro App").
1.3 Applying, and signing
Parts of these Pro Terms apply from the moment you apply, including Sections 3, 7, 13, 14 and 16 to 19. You accept those parts when you tick the box confirming that you agree to these Pro Terms and submit your application, on our website at https://strech.ai/pros/ or in the Pro App.
Before you can be activated, you sign these Pro Terms in full. You may sign electronically in the Pro App, by reading them, ticking the box and typing your name, or on paper at your in-person meeting. An electronic signature has the same effect as a signature on paper. We record the version you signed, your typed name, and the date, time and device, and you can see and download a copy of the signed version in the Pro App at any time, or ask us for one.
1.4 Your business
If you work through a business, such as a limited liability company or corporation, the business is the Pro, and the person who signs confirms that they are authorized to sign for it. The business is responsible for everyone it sends to a Job. A business may send its own approved Technicians to Jobs, as Section 3.7 explains. If you work as an individual, you are the Pro.
If your business changes, for example you form a company, change its name, sell it, or add a partner, tell us before your next Job. We will check any new license or insurance policy in the new name, and the new business must sign these Pro Terms before it accepts Jobs.
1.5 Documents that form part of these Pro Terms
These Pro Terms include, and you also agree to:
- the Privacy Policy;
- the details shown with each Job offer you accept, including the work, the price and the arrival window;
- the training sign-off statements you sign under Section 3.4; and
- the rules summary "How Strech jobs work" shown in the Pro App, which summarizes Section 6. If the summary and these Pro Terms conflict, these Pro Terms control.
1.6 Changes to these Pro Terms
We may change these Pro Terms, for example when we add a feature, change our service or our fees, or when the law changes. When we do, we post the new version in the Pro App and on our website at https://strech.ai/terms/pros/, and change the "last updated" date.
If a change is material, including any change to Strech's fees or to how you are paid, we tell you in the Pro App and by email at least 30 days before it takes effect, and we tell you what has changed. A shorter notice period applies only where a change is needed to meet a legal requirement or to address a safety risk, in which case we tell you as soon as we reasonably can.
A change applies only from the date it takes effect. It never applies to a Job you accepted before that date, or to a claim or dispute that arose before that date. When a change is material, we ask you to sign the changed version in the Pro App before you accept new Jobs. If you do not agree to a change, you may stop accepting Jobs and close your account before it takes effect, and the earlier version applies to any Job you already accepted. Section 16.12 explains the special rule for changes to the agreement to arbitrate.
2 Your independent business
2.1 You are independent
You are an independent business. You are not an employee, agent (except as Section 2.7 provides), partner or joint venturer of Strech, and nothing in these Pro Terms, in the Pro App, in training or in Strech's conduct makes you one. You are not entitled to wages, overtime, benefits, workers' compensation or unemployment insurance from Strech. You do not need Strech's permission to run your business.
Before you are activated, Strech also gives you the Maryland Department of Labor's "Notice to Independent Contractors and Exempt Persons", which explains what your classification means under Maryland's Workplace Fraud Act. You and Strech each sign it and keep a copy. Nothing in these Pro Terms limits any right that law gives you.
2.2 What you decide
You decide:
- whether to apply, and whether to stay on Strech;
- the days and hours you are available for offers, which you set in the Pro App and may change at any time;
- whether to accept, pass on, or let expire any Job offer;
- the prices for your work, as Section 5.5 explains;
- how to perform your trade, including your methods, sequence and techniques, within the law, your license, the building codes, the manufacturer's instructions and the work the homeowner booked;
- the tools, equipment, vehicle and supplies you use, which you provide at your own expense;
- whether to hire your own employees or subcontractors, subject to the rules on Technicians and helpers in Sections 3.7 and 6.6; and
- whether to work for other customers, other platforms and other businesses, including Strech's competitors, at any time.
2.3 What Strech does, and why it has visit rules
Strech provides a booking service: it finds homeowners who need work, presents your price to them, sends you Job offers, schedules Jobs, monitors Visits for safety, handles Reports, collects payment from homeowners for you, and pays you through Stripe. Strech also vets every Pro, because homeowners let Pros into their homes on the strength of Strech's checks.
The rules in Section 6 protect the safety of homeowners, Pros and the public, keep homeowners' information private, keep payments secure, and meet the law. They set the conditions under which a Visit may happen. They do not direct how you perform your trade, and Strech does not supervise your work.
2.4 No exclusivity
You are free to provide services to anyone, including through other platforms, and Strech is free to work with other Pros. Strech does not guarantee you any number of offers or Jobs, or any level of earnings.
2.5 Your business duties
You are responsible, at your own cost, for:
- holding and keeping current every license, registration and permit your business and your work require;
- the insurance required by Section 4;
- paying your own taxes, as Section 9.12 explains;
- your employees and subcontractors, including their pay, taxes, workers' compensation and conduct, and making sure they meet the same rules as you;
- your own business expenses, including tools, equipment, vehicle, fuel, phone and data; and
- complying with all laws that apply to your business and your work.
2.6 You cannot bind Strech
You have no authority to make any promise or agreement for Strech, and you will not hold yourself out as Strech's employee or as having that authority. You may tell people that you accept jobs through Strech, but you may not use the Strech name or logo in your own advertising, vehicle or uniform without Strech's written permission.
2.7 Strech is your limited payment collection agent
You appoint Strech as your limited agent to present your price to homeowners, to schedule Jobs, to pass messages between you and homeowners, and to receive payment from homeowners on your behalf through Stripe. You agree that Strech may identify itself to homeowners, including in every booking confirmation, as your agent for receiving payment. When a homeowner pays Strech through the App for a Job, the homeowner's obligation to pay you for that Job is satisfied, and Strech is responsible to you for paying you the amount due under Section 9 promptly, as Section 9.6 describes, except where Section 9.9 or 9.10 applies. Strech acts as your agent for payment only. It does not act as the homeowner's agent, does not hold payments in escrow, and has no other authority to act for you.
2.8 Your agreement with the homeowner
When you accept a Job, you and the homeowner enter into an agreement for the work described in the Job, at the price shown, in the arrival window the homeowner chose (the "Service Agreement"). You are the contracting party for the work, and Strech is not a party to the Service Agreement. The homeowner's booking confirmation sets out the Service Agreement, including your name, business name, business address and telephone number for the homeowner's records, and your license number where the work requires a license, and, for home improvement work, the notices Maryland law requires. You authorize Strech to prepare and send that confirmation for you, and you confirm that the details you give Strech for it are accurate. You are responsible for meeting the Service Agreement and every legal duty that applies to it, including the duties of a licensed contractor under the Maryland Home Improvement Law.
3 Joining Strech
3.1 Who may apply
To apply and to provide services through Strech, you must:
- be 18 or older;
- be lawfully able to run your business and provide the services you offer in Maryland;
- be able to provide services in Montgomery County, Maryland;
- offer one of the trades Strech accepts, and hold every license that trade requires for the work you offer; and
- be able to explain a Job and use the Pro App in English, because homeowners and Strech staff communicate with Pros in English during Jobs, including in emergencies.
3.2 Vetting
Before activation, you complete Strech's vetting checks: the application, a phone screen, license checks, insurance checks, an in-person meeting, a safety briefing, training, and a background check, in that order. Every check is done by a person against the original document or the official source. You agree to give us accurate, complete and current information and documents, and to tell us at once if anything changes. Giving false information or documents is a reason for removal under Section 11.4.
At the in-person meeting, Strech staff look at your original government photo ID to confirm your identity and that you are 18 or older. We never copy, photograph or scan your ID. The Privacy Policy explains what we record.
3.3 Background check
We order a background check only after we have given you a written conditional approval based on every other check. Before we order it, we give you a separate written disclosure and ask for your written authorization, which is a standalone document and not part of these Pro Terms. Checkr, Inc. prepares the report. We decide individually, follow the Fair Credit Reporting Act's steps before any adverse decision, and follow the Montgomery County Fair Criminal Record Screening Standards, as Section 5 of the Privacy Policy explains. Every active Pro is rescreened once a year, under the authorization you gave and any new authorization the law requires.
3.4 Training and sign-off
Before activation, you complete Strech contractor training and sign the training sign-off statements. The training explains how the Strech booking service works, the visit rules in Section 6, and the safety, privacy and payment rules that protect homeowners and you. It does not teach or direct how to perform your trade. If Strech changes the sign-off statements, you sign the new version before your next Job.
3.5 Activation
A Strech manager decides whether to activate you, using the results of every check. You are activated only when every check is passed, you have signed these Pro Terms, and your Stripe payout account is set up. We tell you the decision by phone and in writing. During the Pilot, Strech limits the number of active Pros, so an approved Pro may be placed on a waiting list until a place is available. Activation is not a promise of any number of offers or Jobs.
3.6 If you are declined
If we decline your application, we tell you the reason in writing and how to appeal under Section 11.7. You may apply again once the reason has been addressed.
3.7 Technicians sent by a Pro business
If the Pro is a business, it may send people who work for it to do Jobs, instead of or as well as attending itself (each a "Technician"). A business may send a person to a Job as a Technician only if every one of these is true:
- the person is 18 or older and is employed or engaged by the business, as its employee, an owner or member of the business, or a subcontractor of the business;
- the business named the person to Strech, in the Pro App or in writing, before the person's first Job;
- the person has passed the same vetting Strech applies to an individual Pro under Sections 3.1 to 3.4: Strech staff have confirmed their identity and age in person from their original government photo ID, in the same way as for you under Section 3.2; they can explain a Job and use the Pro App in English; they have completed Strech training and signed the training sign-off statements; and, with their own written authorization, they have had a background check under Section 3.3;
- where the work they will be sent to do requires a license held by the person who does it, they hold that license, and Strech has verified it under Section 4.1;
- Strech has approved the person as a Technician and told the business in writing; and
- the person is covered by the business's general liability insurance and, where the law requires, its workers' compensation insurance, under Sections 4.2 and 4.3.
Each Technician must follow these Pro Terms as they apply to a Pro attending a Job, including Sections 6, 7 and 8. The business is responsible for each Technician, including their work, their conduct, their compliance with these Pro Terms and any loss they cause, in the same way as if the business had done it itself. A Report about a Technician is also a Report about the business under Section 11.1. Section 4.4 applies to a Technician's licenses as it applies to yours, and the business must tell Strech before a Technician's next Job if the Technician stops working for it, or if anything else changes that could affect their approval.
Strech may decline to approve a Technician, or may pause, suspend or withdraw its approval of a Technician, for any reason that would allow Strech to decline, pause, suspend or remove an individual Pro under Sections 3 and 11, following Sections 11.5 and 11.6. The business may appeal that decision under Section 11.7. For a decision based on a background check, the steps in Section 5 of the Privacy Policy apply to the Technician first. A Technician is not a party to these Pro Terms and is not an employee or contractor of Strech.
4 Licenses and insurance
4.1 Licenses
You must hold, in the name you use with Strech, every license that Maryland, Montgomery County and WSSC Water require for the work you offer, such as a Maryland Home Improvement Commission license, a Maryland master electrician, HVACR or plumbing license, a WSSC Water plumbing or gasfitting license, or an EPA Section 608 certification. Strech offers you only the Job types that match a license we have verified, and only at addresses where that license is valid. Inside the WSSC Water sanitary district, only a WSSC Water license counts for plumbing and gasfitting.
4.2 General liability insurance
You must carry commercial general liability insurance with limits of at least $1,000,000 per occurrence, covering your work and the work of anyone you send or bring to a Job, including your Technicians. The policy must name Strech Inc. as an additional insured, using endorsement CG 20 10, CG 20 37 or an equivalent form that Strech accepts. Your insurance agent must send the certificate and the additional insured endorsement pages directly to info@strech.ai. We confirm with your agent or insurer that the policy is in force.
4.3 Auto insurance and workers' compensation
You must carry the auto insurance Maryland requires for every vehicle you drive to Jobs. If you have employees, or the law otherwise requires it, you must carry workers' compensation insurance as Maryland law requires.
4.4 Keeping licenses and insurance current
You must keep every license and policy current for as long as you are active, and tell Strech within two business days if any license is suspended, revoked, restricted, disciplined or not renewed, or any policy is canceled, not renewed, or reduced below the required limits. Strech rechecks licenses regularly on the official sources and reminds you before a license, policy or ID expires. If a license or policy lapses, the affected work is paused until we confirm it is current again.
4.5 Strech's insurance does not cover you
Any insurance Strech carries is for Strech's own protection. It does not cover you, your business, your work, your vehicle, your tools, your employees, your Technicians or your helpers, and it is not a substitute for the insurance this Section requires.
5 Job offers and accepting Jobs
5.1 How offers work
When a homeowner books a job that matches your trade, verified licenses, service area and the availability you set, Strech may offer it to you in the Pro App and, if you agreed to texts, by text from the Strech number. Some offers come from a homeowner's Strech sensor alert, as Section 5.9 explains. An offer shows the job type, the homeowner's description and photos, the arrival window, the price or price range, the town and ZIP code, and any bonus. You may accept it, pass on it, or let it expire, in the Pro App or, for an offer sent by text, by replying ACCEPT or PASS. Only the Pro who accepts receives the homeowner's first name, address and access notes.
5.2 Passing is your right
You may pass on any offer for any lawful reason, or no reason. Passing on offers, or letting them expire, is never a reason for suspension or removal, and Strech does not lower your standing for it.
5.3 No guarantee of Jobs
Strech decides which Pros to offer each Job to, and in what order, using the factors described in the Privacy Policy, such as license, distance, availability, reliability and rating. Strech does not guarantee you any offers, Jobs or earnings, and there are no minimum hours.
5.4 Accepting a Job
When you accept an offer, you agree to do the work described in the Job, at the price shown, in the arrival window shown, under the Service Agreement and these Pro Terms. Accept only Jobs that you are licensed for, equipped for and able to reach in the arrival window. If your business will send a Technician, assign the Job in the Pro App to an approved Technician who is licensed and equipped for it and able to reach it in the arrival window, before the Technician sets off, so that the homeowner is told who is coming.
5.5 Your prices
Strech sets a price range for each job type, so that prices are clear and comparable for homeowners. You set your own price for each job type you offer, anywhere within that range, in the Pro App. Every price shown to a homeowner for your work is your own offer to do that work. You may change your prices for future Jobs at any time in the Pro App. A price change never applies to a Job already booked. You confirm the final price for a Job in the Pro App before starting work. It may never be more than the top of the range the homeowner accepted, unless the homeowner approves a change under Section 5.6, and you may always charge less. You are never required to accept a Job at a price you do not want.
5.6 Changes in price or scope
If you find that a Job is different from the homeowner's description, or will cost more than the price or the top of the price range the homeowner accepted, you record the proposed change in the Pro App, with the new price and the reason, before doing the extra work. The homeowner approves or declines it in the App or by phone with Strech staff. Work outside the approved scope never starts without the homeowner's approval. You must never ask the homeowner to agree to a new price, or to extra work, at the home, and you must never charge for a change the homeowner did not approve.
If the homeowner declines the change, you do only the work that can be done within the approved price, if that is possible. If the Job cannot be done without the change, the Visit ends, and you tell Strech.
5.7 Releasing a Job you accepted
If you cannot do a Job you accepted, release it in the Pro App, or call the Strech support line, as early as you can, so that the homeowner can be helped. We record releases and late releases. A pattern of late releases or no-shows may lead Strech to offer you fewer Jobs, or to suspension under Section 11.3 if it puts homeowners at risk, and Strech will tell you in writing before it does.
5.8 No-shows
If you have not arrived 30 minutes after the end of the arrival window, you are a no-show for that Job, the Job goes back to matching without you, and you are not paid for it. If you are running late, call the Strech support line as soon as you know.
5.9 Jobs that come from a sensor alert
Some homeowners have Strech sensors in their homes, such as leak sensors, which alert the homeowner in the Strech app when they detect a problem, for example water under a sink (a "Sensor Alert"). When a homeowner books a Job after a Sensor Alert, the Job can be linked to that alert, and Strech offers it under this Section 5 in the same way as any other Job. You may pass on it like any other offer.
An offer for a Job that came from a Sensor Alert shows the Job in the same way as any other offer under Section 5.1. Once you accept it, the Job also includes the details needed for the Job: which device raised the alert, where in the home it is, for example "kitchen sink", and when the alert happened, together with the homeowner's description and photos, as in any offer under Section 5.1 (the "Alert Details"). Strech shares only the Alert Details needed for the Job.
Alert Details are homeowner information under Section 7.1. You may use them only for that Job, and you must keep them confidential.
A Sensor Alert reports only what a sensor detected at the spot where it sits, and alerts can be late, missed or false. It is not a diagnosis. You assess the work at the home as you would for any Job, and if the Job is different from its details, Section 5.6 applies.
6 Visit rules
6.1 Why these rules exist
These rules apply to every Job, and to every Technician a Pro business sends to a Job in the same way as to the Pro. They protect homeowners, Pros and the public, keep homeowners' information private and payments secure, and meet the law. Breaking them can lead to a pause, suspension or removal under Section 11.
6.2 Visit hours
During the Pilot, Visits take place Monday to Saturday, between 9:00 am and 5:00 pm Eastern time, inside the arrival window on the booking. There are no Visits on Sundays, Thanksgiving Day, Christmas Day or New Year's Day, or on any other day Strech announces as closed. Offers come only inside the weekly hours you set.
6.3 Status taps and location
You tap "On my way" when you set off, "I have arrived" when you reach the door, and mark the Job done when the work is complete. While you are on an active Job, from "On my way" until the Job is done or canceled, the Pro App shares your device's location with Strech, as the Privacy Policy explains. Use the Pro App only on a phone you carry yourself during the Job. A Technician uses the Pro App signed in as that Technician, on a phone the Technician carries, so that the status taps, location and door check relate to the person at the home. You may turn location off, in which case Strech staff will call you for updates and you confirm your arrival by phone.
6.4 At the door
Give your name and show your original photo ID. A Strech staff member calls the homeowner or Responsible Adult to confirm that you are the booked Pro, or the Technician named for the Job, and that the Responsible Adult is home. Wait for that confirmation before you start. If nobody answers, never go in. If you see signs of a break-in, do not go in: return to your vehicle, call 911 if entry looks forced, and tell Strech.
6.5 An adult must be home
An adult, 18 or older, named on the booking (the "Responsible Adult") must be home from the moment you arrive until the Job is marked done. If no adult is home, do not start. If the Responsible Adult leaves, stop work until they return. Never work in a home where no adult is present.
6.6 Technicians and helpers
A Pro business may send an approved Technician to a Job in its place under Section 3.7. The Technician must be assigned to the Job by name in the Pro App before setting off, and the homeowner is told the Technician's name before the Visit.
You, or a Technician you send, may bring a helper to a Visit only if every one of these is true:
- the helper is 18 or older and works for your business, as your employee, an owner or member of your business, or a subcontractor of your business;
- the helper has been individually registered with Strech and approved by Strech, after the identity and background checks and any other vetting steps Strech requires for helpers;
- the helper is listed by name on the Job in the Pro App before you arrive; and
- the helper is covered by your general liability insurance and, where the law requires, your workers' compensation insurance.
Every Technician and helper must follow these visit rules. You are fully responsible for everyone you send or bring to a Job, including their work, their conduct and any loss they cause, whether or not they meet these conditions. Sending or bringing anyone who does not meet them, including sending a person to a Job who has not been named to Strech and approved as a Technician under Section 3.7, is a serious breach of these Pro Terms: it can lead to suspension and removal under Section 11, you must pay Strech's resulting losses under Section 12.1, and Strech may pursue every legal remedy available to it. Never send anyone to a Job in your place except an approved Technician assigned to that Job, and never let anyone else carry your signed-in phone to a Job.
6.7 Licensed and approved work only
Do only work that is on the Job, that is on Strech's approved job list, and that your verified license covers. Never do work that requires a building permit, emergency work, or hazardous work you are not licensed for, such as work on refrigerant, gas connections, hardwired 240-volt circuits, or supply or drain plumbing, through Strech unless the Job is offered to you for that work under a verified license.
6.8 How you do the work
How you perform your trade is up to you. You agree to do the work in a workmanlike manner, in line with the law, your license, the building codes and the manufacturer's instructions, and to leave the work area clean and safe.
6.9 Photos
You may photograph the work area and any existing damage before you start and when you finish, and we encourage it, because photos protect you in a dispute. Photograph only the work area and existing damage. Never photograph people, especially children, documents, mail, screens, valuables or anything unrelated to the Job.
6.10 No recordings
Never record audio or video in a homeowner's home. Maryland law requires the consent of every party to record a conversation. Homeowners may have doorbell or indoor cameras, and we pass on what we know about indoor cameras before the Job.
6.11 Conduct
You agree to treat homeowners, Responsible Adults, other people in the home and Strech staff with respect, and not to:
- harass, threaten, abuse, or physically or sexually harm anyone, or make sexual comments or advances;
- discriminate against anyone on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, age, disability, marital or familial status, genetic information, or any other characteristic protected by federal, Maryland or Montgomery County law, including by refusing or canceling a Job on that basis;
- work while impaired by alcohol, drugs or any substance;
- bring a firearm or other weapon into a homeowner's home;
- smoke or vape in a homeowner's home;
- enter any part of the home that the Job does not require, or use or take anything that belongs to the homeowner; or
- ask a homeowner for personal information, a phone number, a review in return for anything, or anything else of value.
6.12 Safety exit
If you believe a Visit is unsafe, for any reason, leave first, then tell Strech. If you are in danger, call 911. You may use "Leave this visit" in the Pro App or call the Strech support line. A safety exit is recorded as a safety exit, not as a cancellation or a no-show, and is never held against you. Strech investigates every safety exit. If Strech reasonably determines that the homeowner, someone at the home, or a hazard the homeowner knew about and did not disclose caused it, Strech may charge the homeowner the Trip Fee and pay it to you in full. Otherwise, Strech decides in good faith whether to pay you for your time and travel from its own funds. Strech tells you its decision in writing.
6.13 Emergencies, police and damage
If anyone is in danger, call 911 first, then tell Strech. If police arrive at a Job, stay calm, follow their instructions and tell Strech as soon as you safely can. If you damage the home or property, or anyone is injured, stop, tell the homeowner and Strech before you leave, and tell your insurer as your policy requires. Never hide damage.
6.14 Completing the Job
Mark the Job done only when the work is complete. Strech staff may call the homeowner the same day to confirm.
6.15 Never return outside a booked Visit
You may go back to a homeowner's home only for a Visit booked in the Pro App. Returning to a home outside a booked Visit, for any reason, is a serious breach of these Pro Terms.
7 Homeowner information and confidentiality
7.1 Homeowner information
When you accept a Job, you receive personal information about the homeowner and their home. For a Job that came from a Sensor Alert, this includes the Alert Details described in Section 5.9, and Alert Details you see in an offer are covered in the same way, whether or not you accept the Job. That information belongs to the homeowner and is shared with you only so that you can do the Job. You agree to follow every duty in Section 19 of the Privacy Policy, including to:
- use homeowner information only to perform the Job and to communicate about it through Strech;
- keep Alert Details confidential and use them only for the Job they came with;
- keep only the records your license or the law requires, and delete the rest when the Job is closed;
- never contact a homeowner outside Strech for any other purpose, never return to a home outside a booked Visit, and never add a homeowner to a marketing list;
- never sell, publish or share homeowner information, except as the law requires;
- keep homeowner information secure on your phone and in your records; and
- tell Strech at once if homeowner information you hold is lost, stolen or seen by someone it should not have been.
You must make sure that every Technician and helper who receives homeowner information follows these duties. These duties continue after you stop using Strech, for as long as you hold any homeowner information you received through Strech.
7.2 Strech's confidential information
You may receive non-public information about Strech, such as training materials, pricing rules, the Pro App's non-public features, and information about Strech's business, homeowners and other Pros ("confidential information"). You agree to use it only to provide services through Strech, not to share it with anyone except your own employees, Technicians, helpers and advisers who need it and are bound to keep it confidential, and to return or delete it when you stop using Strech. Confidential information does not include your own prices, earnings and terms of work, information that is public through no fault of yours, information you already had or developed on your own, or information you receive lawfully from someone else.
7.3 Reporting to government and discussing your terms
Nothing in these Pro Terms, the Privacy Policy, the training or any other Strech document prevents you from reporting a possible violation of law, or any safety concern, to a government agency, a licensing authority, a court or law enforcement, from cooperating with any investigation, or from receiving an award for doing so. Nothing prevents you from discussing your own prices, earnings and terms of work with anyone.
7.4 Trade secrets notice
Under the federal Defend Trade Secrets Act, you will not be held criminally or civilly liable under any federal or state trade secret law for disclosing a trade secret in confidence to a federal, state or local government official, or to a lawyer, solely for the purpose of reporting or investigating a suspected violation of law, or in a complaint or other document filed under seal in a lawsuit or other proceeding.
8 Keeping work and payment on Strech
8.1 Work with homeowners you meet through Strech
Strech's safety monitoring, door check, payment protection and Report handling work only for Visits booked in the Pro App. While your Strech account is open, you agree that any work you do for a homeowner whom you first met through a Strech Job will be booked through Strech. You will not offer, arrange or accept work from that homeowner outside Strech, and you will not suggest that they book you outside Strech. If a homeowner asks you for work outside Strech, tell them to book it in the Strech app.
8.2 Your existing customers
Section 8.1 does not apply to a homeowner who was your customer before you were first offered a Job for them through Strech. If Strech offers you a Job for an existing customer, you may tell Strech, and we will record it.
8.3 Payment only through Strech
Never ask for or accept payment of any kind at a home or outside the Pro App for a Strech Job, including cash, checks, bank transfers, payment apps, tips or gifts beyond ordinary refreshments. If a homeowner offers you cash or anything else, politely decline. Arranging work or payment outside Strech for a Strech homeowner is a reason for removal under Section 11.4.
9 Fees, payments and payouts
9.1 What you are paid for a Job
For each completed Job, you are paid the price of the work the homeowner approved, plus any change in price the homeowner approved, plus any bonus shown with the offer, less Strech's Pro fee under Section 9.2, and less any adjustment made under Section 9.10. For a canceled Job, Section 9.7 applies. The Pro App shows these amounts for each Job, with the date and status of the payout.
9.2 Strech's Pro fee and the Founders' Window
Strech charges you a fee for its booking service on each completed Job (the "Pro Fee"). The Pro Fee is waived for the first 12 months after the date you are activated (your "Founders' Window"). Strech reminds you in the Pro App and by email at least 30 days before your Founders' Window ends. After it ends, the Pro Fee is 10% of the price of the work on each Job, including any approved change, but not including any Trip Fee or bonus. The Pro Fee on a Job is set by the date the Job is completed. Any other change to the Pro Fee is made only under Section 1.6.
9.3 The homeowner's Service Fee
Strech also charges the homeowner a separate service fee, which the homeowner pays on top of your price. It is not deducted from your pay, and no part of it is paid to you.
9.4 Card processing fees
Strech currently pays the card processing fees on homeowner payments. If that changes, Section 1.6 applies.
9.5 Stripe
Payment processing services for Pros on Strech are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (together, the "Stripe terms"). By agreeing to these Pro Terms, or continuing to provide services as a Pro on Strech, you agree to be bound by the Stripe terms, as Stripe may change them from time to time. As a condition of Strech enabling payment processing services through Stripe, you agree to give Strech accurate and complete information about you and your business, and you authorize Strech to share it, and transaction information related to your use of Stripe's payment processing services, with Stripe. To be paid, you must set up a Stripe account through the Pro App, and you authorize Strech to instruct Stripe to pay you. Stripe verifies your identity, holds your bank details and pays you directly. Strech never stores your Social Security number, taxpayer number or full bank account number. Strech is not responsible for Stripe's own acts or omissions.
9.6 When you are paid
After you mark a Job done and the homeowner's card is charged, Strech instructs Stripe to pay you, and Stripe pays you on the payout schedule shown in the Pro App and in your Stripe account. If a homeowner's card is charged but a payout fails because of a problem with your Stripe account, we tell you and pay you once it is fixed.
9.7 Trip Fees
If a homeowner cancels after you tap "On my way", or you arrive in the arrival window and cannot start because no adult is home, no one answers, or you cannot safely reach the work area after waiting at least 15 minutes while Strech staff try to reach the homeowner, the homeowner is charged the trip fee shown on the booking (the "Trip Fee"). The homeowner may also be charged the Trip Fee after a safety exit, as Section 6.12 explains. You are paid the full Trip Fee. Strech does not take a Pro Fee from a Trip Fee.
9.8 Bonuses
Strech may add a bonus to an offer, for example when a Job has been hard to fill. If an offer shows a bonus, you are paid it when you complete that Job.
9.9 Holds
If a homeowner's bank disputes a charge for a Job, or a fraud or compliance check flags a payout, Stripe or Strech may hold the affected payout while a person reviews it. We tell you about the hold and the reason, unless the law prohibits it, and we release it as soon as the review allows.
9.10 Adjustments
Strech may reduce or recover a payment to you only where Strech reasonably determines, after telling you what the homeowner reported and hearing your side, that:
- you charged for work you did not perform;
- you charged for a change in price the homeowner did not approve;
- a payment was duplicated or made by mistake;
- the work was not done as booked, or not done in a workmanlike manner, and you declined, or did not complete within a reasonable time, the correction described in Section 10.2, and Strech refunded the homeowner; or
- the payment resulted from fraud.
We tell you in writing about each adjustment, the amount, the reason and the evidence, before or when we make it. We may make an adjustment by deducting it from your future payouts, or by reversing a transfer as the Stripe terms allow. You may dispute an adjustment under Section 9.11. Claims for damage to a home or property are handled through insurance under Section 10.3, not by deduction from your pay.
9.11 Payment questions
If you believe a payment, Pro Fee or adjustment is wrong, tell us within 60 days after the payout date by email to info@strech.ai with the subject "Pro payment". We will review the Job and payment records with you, and answer in writing. If we made a mistake, we correct it in your next payout.
9.12 Taxes
You are responsible for all taxes on your earnings and your business, including income and self-employment taxes and any estimated tax payments. Strech does not withhold taxes from your pay, except where the law requires it, and does not pay employment taxes for you. Where the law requires, Stripe issues tax forms for payments made to you, such as Form 1099-K, and files them with the tax authorities. If Strech itself is ever required to issue you a tax form, we will ask for your taxpayer information through a secure process. You agree to give Stripe and Strech accurate tax information.
9.13 Materials
If a Job requires materials, the price covers them unless the Job says otherwise. You buy the materials you need, and you are responsible for their quality and for any warranty that comes with them.
10 Quality, ratings and Reports about the work
10.1 Your work
You are responsible for the work you, your Technicians and your helpers perform, and for any warranty you give or that the law implies for your work. Strech does not give homeowners any warranty for your work.
10.2 Correcting work
If a homeowner reports a problem with the work within 30 days after a Job, Strech tells you what was reported and asks for your account. If Strech reasonably determines that the work was not done as booked, or not done in a workmanlike manner, you agree to return, through a Visit booked in the Pro App at a time you and the homeowner agree, to correct it at no extra charge. If you disagree with Strech's determination, you may say so in writing, and a Strech manager will review it. If you decline or are not able to correct the work, Strech may arrange for a different Pro to correct it, or refund the homeowner, and Section 9.10 applies.
10.3 Damage and injury claims
You are responsible for damage to a home or property, and for injury, caused by you, your Technicians, your helpers or your work. A homeowner's claim for that damage or injury is made against you and your insurer. You agree to tell your insurer promptly, to cooperate with the claim, and to give Strech the information it asks for about the claim. Strech may give the homeowner your business name and insurer, and may give your insurer the Job records, as the Privacy Policy allows.
10.4 Ratings and reviews of you
After a Job, the homeowner may rate you and write a review. Your average rating is shown to homeowners. Strech does not remove, hide or rank reviews of you based on whether they are positive or negative. Strech may remove a review, under rules it applies equally to all reviews, as the Privacy Policy explains. If you believe a review of you breaks those rules, tell us and we will review it. You must never offer a homeowner anything of value for a review, or ask a homeowner to change or remove a review.
10.5 Ratings you give
You may rate homeowners after a Job. Your ratings go to Strech only, and may be used to protect other Pros and to decide whether a homeowner may keep using Strech.
10.6 Reliability
Strech tracks completed Jobs, releases, late releases, no-shows and ratings, and uses them in matching, as the Privacy Policy explains. Passing on offers is never counted against you.
11 Reports, pauses, suspension, removal and appeals
11.1 Reports about you
A homeowner, a Responsible Adult, another Pro, a member of the public or Strech staff may make a safety concern, complaint, damage claim or other report about a Job (a "Report"). Before we decide anything about a Report involving you, except where we must act at once to protect someone, we tell you what the Report is about and ask for your account. You may give us any information, photos or documents you want us to consider.
11.2 Pauses
If a Report raises a possible risk to safety, or a license or insurance policy appears to have lapsed, Strech staff may pause new offers and Jobs to you at once while a manager reviews it. A pause is not a finding against you. We tell you that your Jobs are paused and why, and a manager decides as soon as reasonably possible.
11.3 Reasons for suspension
Strech may suspend you, while a manager reviews what happened, for:
- a damage or injury claim involving a Job you did;
- a Report that someone was in danger at a Job you did;
- bringing a helper who was not listed on the Job, or sending anyone to a Job in your place other than a Technician approved under Section 3.7 and assigned to that Job;
- doing work that your license does not cover, or that requires a permit;
- starting or continuing work when no adult was home;
- returning to a home outside a booked Visit;
- a lapsed license or insurance policy, until it is current again;
- a background rescreen result, after the steps in Section 5 of the Privacy Policy; or
- any other breach of these Pro Terms that puts a homeowner, a Pro or the public at risk.
11.4 Reasons for removal
Strech may remove you from Strech, and end these Pro Terms, for:
- giving false information or documents to Strech;
- hiding damage you caused;
- renegotiating the price at the home, or charging for work or a change the homeowner did not approve;
- arranging work or payment outside Strech for a homeowner you met through Strech, in breach of Section 8;
- a confirmed assault, threat, theft, or sexual misconduct, or returning to a home outside a booked Visit, or sending anyone to a Job in your place other than a Technician approved under Section 3.7 and assigned to that Job;
- a background check result, after the steps in Section 5 of the Privacy Policy;
- losing a license your trade requires, with no reasonable prospect of getting it back;
- repeated breaches of these Pro Terms after Strech has told you about them in writing; or
- a decision of a court, licensing authority or government agency that requires it.
11.5 Who decides
Only a Strech manager may suspend or remove a Pro. No decision to decline, suspend or remove you is made by automated means alone, and Strech never uses artificial intelligence to make such a decision.
11.6 Notice, reasons and records
If we suspend or remove you, we tell you in writing: the decision; the main reasons; which part of these Pro Terms it relates to; how long a suspension will last or what you need to do to end it; and how to appeal. On request, we give you the records the decision was based on, as Section 11.5 of the Privacy Policy explains. Payment for Jobs you completed before a suspension or removal is not withheld because of the suspension or removal, except as Sections 9.9 and 9.10 allow.
11.7 Appeals
You may appeal any decision to decline your application, suspend you or remove you. Email info@strech.ai with the subject "Pro appeal" within 30 days of the decision, and tell us why you believe the decision is wrong. The Chief Executive Officer of Strech, or another manager who was not involved in the original decision, reviews the appeal, considers any new information you give, and answers in writing within 30 days. For decisions based on a background check, the steps in Section 5.7 of the Privacy Policy come first. An appeal does not affect your rights under Section 16.
11.8 Leaving Strech
You may stop accepting Jobs at any time, and you may close your account and end these Pro Terms at any time in the Pro App, on the web, or by email to info@strech.ai with the subject "Delete my account". If you have an accepted Job, finish it or release it first.
11.9 When Strech may end these Pro Terms without cause
Strech may end these Pro Terms for any reason that is not a reason in Section 11.4, for example because the Pilot ends, Strech stops offering your trade or your area, or Strech stops operating, by giving you at least 30 days' written notice. Strech will tell you the reason.
11.10 What happens when these Pro Terms end
When these Pro Terms end, you stop receiving offers, and any Job you accepted is reassigned unless Strech agrees otherwise. Strech pays you for every Job you completed, under Section 9. Sections 2.1, 2.5, 7, 9, 10.3, 12, 16 to 19, and any other part of these Pro Terms that by its nature should continue, continue to apply.
12 Responsibility for losses
12.1 Your responsibility to Strech
You agree to defend Strech, its officers, employees and agents, and to pay for the losses, damages, fines, settlements and reasonable legal fees they suffer, arising from any claim by someone else to the extent it is caused by:
- the work or conduct of you, your Technicians, your employees, your helpers, or anyone else you send or bring to a Job, whether or not they were registered with or approved by Strech;
- your breach of these Pro Terms or of the Service Agreement;
- your breach of the law, including licensing, tax and employment laws; or
- a claim by any of your employees, helpers or subcontractors against Strech.
This does not apply to the extent the loss was caused by Strech's own negligence, willful misconduct or breach of these Pro Terms.
12.2 Strech's responsibility to you
Strech agrees to defend you, and to pay for the losses, damages, fines, settlements and reasonable legal fees you suffer, arising from any claim by someone else to the extent it is caused by Strech's gross negligence or willful misconduct, by Strech's breach of the law, or by a breach of Strech's security that exposes personal information Strech holds.
12.3 How claims are handled
The person seeking protection under Section 12.1 or 12.2 must tell the other promptly about the claim, let the other control the defense through lawyers it reasonably chooses, and cooperate in the defense at the other's cost. No one may settle a claim in a way that admits fault for, or requires payment by, the other without the other's written consent, which may not be unreasonably withheld.
12.4 Disclaimers
Except as expressly stated in these Pro Terms, and to the fullest extent the law allows, the Pro App is provided "as is" and "as available", and Strech disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Strech does not guarantee any number of offers, Jobs or earnings, or that the Pro App will always be available or free of errors. If the Pro App is unavailable during a Job, Strech staff will handle the Job with you by phone.
12.5 Limits on responsibility
Neither you nor Strech is responsible to the other for any indirect, incidental, special, consequential or punitive damages, or for lost profits, arising out of or relating to these Pro Terms, even if told they were possible. Each party's total responsibility to the other for all other claims arising out of or relating to these Pro Terms is limited to the greater of (a) the total Pro Fees you paid to Strech in the 12 months before the event that gave rise to the claim, and (b) $1,000.
These limits do not apply to: amounts Strech owes you for Jobs under Section 9; the obligations in Sections 12.1 and 12.2; a breach of Section 7; fraud, gross negligence or willful misconduct; death or bodily injury caused by negligence; or anything else that cannot be limited under the law that applies.
13 The Pro App, your content and the Strech brand
13.1 Your license to use the Pro App
Strech gives you a limited, non-exclusive, non-transferable, revocable license to download and use the Pro App on devices you own or control, only to receive and perform Jobs through Strech under these Pro Terms. Strech and its licensors own the Pro App, the training and the Strech name and logo. You agree not to copy, scrape, resell or reverse engineer the Pro App, or try to get around any security feature, except as the law expressly allows, and not to share your account or sign-in details with anyone. Each Technician uses their own sign-in.
13.2 Your profile and content
You keep ownership of your business name, profile photo, business description, Job photos, notes, messages and other content you submit ("your content"). You give Strech a non-exclusive, royalty-free license, for as long as we need it for the purposes in the Privacy Policy, to store, use, copy and show your content in order to run the Pro App, show your profile to homeowners, perform and document Jobs, handle Reports and disputes, and meet our legal duties. Strech does not use your name, photo or content in advertising without your written permission. You promise that your content is accurate, that you have the right to submit it, and that it is lawful.
13.3 Feedback
If you send us suggestions about Strech, we may use them without any obligation to you.
13.4 Other companies' services
The Pro App works with services run by other companies, such as Stripe, Checkr, Apple and Google sign-in, the app stores and our map provider. Their terms and privacy policies apply to your use of their services. Strech is not responsible for them.
14 Texts, calls and electronic communications
14.1 Job texts are optional
When you apply, you may tick a box, which starts unchecked, to receive text messages from Strech about job assignments, schedule changes and visit reminders. The program is called Strech Pro job alerts. Agreeing to texts is never a condition of applying, being activated or receiving Jobs. Without texts, you receive offers and updates in the Pro App and by phone. Message frequency varies. Message and data rates may apply. You may reply ACCEPT or PASS to a Job offer sent by text. Reply HELP for help. Reply STOP to stop texts at any time, or tell us in any other reasonable way, as the Privacy Policy explains. Reply START or UNSTOP to turn texts back on. Our texts do not contain links or phone numbers. Carriers are not liable for delayed or undelivered messages. We do not send marketing or promotional texts.
14.2 Calls
Strech staff may call you from the Strech support line about your application, vetting, an offer, an active Job, a Report, a payout or an expiring document. We do not record calls.
14.3 Electronic notices and signatures
You agree that Strech may give you these Pro Terms, notices, decisions, earnings statements, disclosures and other communications electronically, in the Pro App or by email, and that you may sign documents electronically. Electronic notices and signatures have the same effect as paper ones. You may ask for a paper copy of any document at no charge by emailing info@strech.ai. You may withdraw your consent to electronic notices by closing your account. Stripe asks for your separate consent to receive tax forms electronically.
15 Apple and Google
15.1 If you use the Pro App on an Apple device
If you downloaded the Pro App from the Apple App Store, these additional terms apply, and override anything else in these Pro Terms that conflicts with them:
- These Pro Terms are between you and Strech only, not with Apple Inc. ("Apple"). Strech, not Apple, is solely responsible for the Pro App and its content.
- Your license to use the Pro App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Pro App may also be used by other accounts associated with you through Family Sharing or volume purchasing, where those features are available.
- Strech, not Apple, is solely responsible for providing maintenance and support for the Pro App, as described in these Pro Terms or as the law requires. Apple has no obligation to provide any maintenance or support for the Pro App.
- Strech is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the Pro App fails to conform to any warranty that applies, you may notify Apple, and Apple will refund any purchase price you paid for the Pro App, which is nothing because the Pro App is free. To the maximum extent the law allows, Apple has no other warranty obligation of any kind with respect to the Pro App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Strech's responsibility, to the extent these Pro Terms make them so.
- Strech, not Apple, is responsible for addressing any claims by you or any third party relating to the Pro App or your possession and use of it, including product liability claims, any claim that the Pro App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar laws.
- If a third party claims that the Pro App or your possession and use of it infringes that third party's intellectual property rights, Strech, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim, to the extent these Pro Terms make Strech responsible.
- You confirm 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.
- You must comply with any third-party terms that apply when you use the Pro App, such as your wireless data service agreement.
- Questions, complaints and claims about the Pro App should be directed to Strech, as described in Section 18.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Pro Terms. Once you accept these Pro Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Pro Terms against you as a third-party beneficiary.
15.2 If you use the Pro App on an Android device
If you downloaded the Pro App from Google Play, these Pro Terms are between you and Strech only, not with Google LLC, and Strech, not Google, is responsible for the Pro App. Google Play's terms also apply to your use of Google Play.
16 Resolving disputes
16.1 Talk to us first
Before starting arbitration or a court case against Strech, you agree to send us a written notice of your dispute by email to info@strech.ai with the subject "Notice of dispute". Before starting arbitration or a court case against you, Strech agrees to send you a written notice to the email address on your account. The notice must include your name and business name, the email address or phone number on your account, a description of the dispute, and what you want. You and Strech agree to try in good faith to resolve the dispute for 45 days after the notice is received, and, if either of us asks, to talk about it by phone or video during that time. Any time limit for bringing the claim is paused during those 45 days. An appeal under Section 11.7 is not required before you give notice, but you may use it.
16.2 Agreement to arbitrate
If the dispute is not resolved under Section 16.1, you and Strech agree that any dispute, claim or controversy between you and Strech arising out of or relating to these Pro Terms, the Pro App, any Job, any payment, your vetting, activation, suspension or removal, the nature of our relationship, including any claim that you are an employee of Strech, or the ending of our relationship, including disputes about the scope, enforceability or validity of this agreement to arbitrate, will be resolved by final and binding arbitration before a single neutral arbitrator, on an individual basis, except as Sections 16.3 and 16.4 provide. This agreement to arbitrate applies to claims that arose before you signed these Pro Terms, and it continues after these Pro Terms end. It is a contract involving interstate commerce and is governed by the Federal Arbitration Act.
16.3 Claims that do not go to arbitration
Either you or Strech may instead:
- bring an individual claim in a small claims court, including the small claims docket of the District Court of Maryland, if the claim qualifies and stays there;
- ask a court for an order to stop the actual or threatened infringement or misuse of intellectual property rights or confidential information; or
- file a charge or complaint with, or take part in an investigation by, a government agency, such as the Maryland Department of Labor, the Maryland Commission on Civil Rights, the Montgomery County Office of Human Rights, the Consumer Financial Protection Bureau, the Federal Trade Commission, the Internal Revenue Service or a licensing authority. If such an agency has the power to award you individual relief, you may pursue it there, but any individual claim for money from Strech that is not decided by the agency goes to arbitration.
This Section 16 does not cover disputes between you and a homeowner, which are between you and the homeowner.
16.4 No class actions
To the fullest extent the law allows, you and Strech each agree to bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative action. The arbitrator may award relief only to the individual party seeking it, and only to the extent needed to provide relief on that party's individual claim. If a court decides that this Section 16.4 cannot be enforced as to a particular claim or remedy, then that claim or remedy, and only that one, will be decided by a court under Section 16.11, after all individual claims and remedies have been arbitrated, and the rest of this Section 16 still applies.
16.5 The arbitration rules and administrator
The arbitration will be administered by the American Arbitration Association ("AAA") under the AAA rules that apply to the dispute, as the AAA decides: its Employment/Workplace Arbitration Rules if the AAA decides they apply to you as an individual, and otherwise its Commercial Arbitration Rules, in each case as changed by this Section 16. The rules are available at adr.org. If the AAA is unavailable or refuses to administer the arbitration, you and Strech will agree on another arbitration provider, or a court will appoint one.
16.6 Where the arbitration takes place
Unless you and Strech agree otherwise, any hearing will take place by video, or in person in Montgomery County, Maryland. If your claim is for $10,000 or less, you may choose to have the arbitration decided only on the documents you and Strech submit.
16.7 Fees
If you are an individual, or a business owned and run by one individual, Strech will pay all filing, administration and arbitrator fees, except that you pay a filing fee up to the amount you would have paid to file the claim in the District Court of Maryland or a Maryland circuit court, whichever is lower. If you show that you cannot afford that fee, Strech will pay it. For any other business, the AAA's rules on fees apply, but Strech will pay any fee that would otherwise make the arbitration unaffordable for you. Each of us pays our own lawyers' fees, unless the arbitrator awards them under a law that allows it. Strech will not seek its lawyers' fees from you unless the arbitrator finds that your claim was frivolous or brought for an improper purpose.
16.8 The arbitrator's powers
The arbitrator may award the same individual relief that a court could award under the law, including damages and injunctive or declaratory relief limited to you, must follow the law and these Pro Terms, and may allow the discovery each party reasonably needs to present its claims and defenses. The arbitrator will issue a written decision explaining the main findings and conclusions. Judgment on the award may be entered in any court with jurisdiction.
16.9 Mass filings
If 25 or more similar arbitration demands are filed against Strech, or by Strech, by the same or coordinated lawyers or organizations, the AAA's Mass Arbitration Supplementary Rules in effect at the time apply to those demands, and the AAA administers them under those rules.
16.10 Your right to opt out
You may opt out of this agreement to arbitrate by emailing info@strech.ai with the subject "Arbitration opt-out" within 30 days after you first sign these Pro Terms. Your email must include your name, your business name, the email address on your account, and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Pro Terms, your activation, the offers you receive, or how Strech treats you.
16.11 Where court cases take place
Any dispute that is not arbitrated, including if you opt out, will be decided only in the state courts located in Montgomery County, Maryland, or the United States District Court for the District of Maryland, and you and Strech consent to those courts' jurisdiction. You and Strech each waive any right to a jury trial in such a case, to the extent the law allows.
16.12 Changes to this Section
If Strech makes a material change to this Section 16, it will give you at least 30 days' notice in the Pro App and by email. The change will apply only to claims that arise after it takes effect, and never to a claim that arose earlier or to a dispute of which you or Strech gave notice under Section 16.1 before it took effect. If you reject the change by emailing info@strech.ai with the subject "Arbitration change" within those 30 days, the earlier version of this Section 16 continues to apply to you.
16.13 Governing law
These Pro Terms are governed by the Federal Arbitration Act and other federal law that applies, and otherwise by the laws of the State of Maryland, without regard to its conflict of law rules.
17 General terms
17.1 Entire agreement
These Pro Terms, with the documents listed in Section 1.5, are the entire agreement between you and Strech about providing services through Strech, and replace any earlier agreement, offer or statement about it, including anything said in recruiting. Your separate background check authorization and the Stripe terms are separate agreements.
17.2 Severability
If any part of these Pro Terms is found unenforceable, the rest stays in effect, and the unenforceable part is enforced to the greatest extent the law allows, except as Section 16.4 provides.
17.3 No waiver
If either party does not enforce a part of these Pro Terms, that is not a waiver of its right to enforce it later.
17.4 Assignment
You may not transfer your account or these Pro Terms to anyone else without Strech's written consent. Section 1.4 explains what happens if your business changes. Strech may transfer these Pro Terms to a company that takes over the Pro App, for example in a merger or sale, if that company agrees to be bound by them, and we will tell you if that happens.
17.5 Events outside a party's control
Neither party is responsible for failing to perform an obligation, other than an obligation to pay, because of an event outside its reasonable control, such as severe weather, natural disaster, power or internet failure, epidemic, war, government action, or a failure of a service provider it relies on, as long as it takes reasonable steps to limit the effect and to resume.
17.6 Notices to Strech
Legal notices to Strech must be sent by email to info@strech.ai with the subject "Legal notice", or delivered to Strech's registered agent. A notice is received when it is delivered.
17.7 Language and accessibility
These Pro Terms are offered in English only. If you have difficulty understanding any part of them, you may ask someone you trust to help you read them, or contact us, and a member of our staff will explain any part of them in plain English, by email or by phone. If we offer these Pro Terms in another language in the future, the English version controls unless the law requires otherwise. If you need these Pro Terms in another format, such as large print or read aloud by phone, email info@strech.ai with the subject "Accessible format", and we will provide it at no cost.
17.8 Headings and examples
Headings are for convenience only. Words such as "including" and "for example" introduce examples and do not limit what comes before them.
17.9 No other beneficiaries
Except as Section 15.1 provides for Apple, and Section 12 provides for the people it protects, these Pro Terms do not give any rights to anyone other than you and Strech. Homeowners are not beneficiaries of these Pro Terms.
18 Contacting us
Strech Inc. Mail: 6107 Rosemont Circle, Rockville, MD 20852 Email: pro@strech.ai Phone: the Strech support line, (240) 905-5348, also shown in the Pro App under Profile, then Support. Website: https://strech.ai/pros/
Notices, appeals and requests sent to info@strech.ai with the subjects shown in these Pro Terms also reach us. For privacy requests, see the Privacy Policy. For appeals, see Section 11.7. For payment questions, see Section 9.11. For legal notices, see Section 17.6. We aim to acknowledge every message within 10 business days.
19 Definitions
In these Pro Terms:
- "AAA" has the meaning in Section 16.5.
- "Alert Details" has the meaning in Section 5.9.
- "Confidential information" has the meaning in Section 7.2.
- "Founders' Window" has the meaning in Section 9.2.
- "Homeowner" means a person who books Jobs through the Strech homeowner app.
- "Job" means one booked visit to a home, from offer to payout, and "Visit" means the time you are at the home for a Job.
- "Pilot" means Strech's current early phase of service in Montgomery County, Maryland, with a limited number of Pros and visits.
- "Privacy Policy" means the Strech Privacy Policy for Strech Professionals.
- "Pro" and "you" mean a Strech Professional, as described in Section 1.2, and, where the Pro is a business, include the business and the people it sends to Jobs, including its Technicians.
- "Pro App" has the meaning in Section 1.2.
- "Pro Fee" has the meaning in Section 9.2.
- "Pro Terms" means these Terms of Service for Strech Professionals, together with the documents listed in Section 1.5.
- "Report" has the meaning in Section 11.1.
- "Responsible Adult" has the meaning in Section 6.5.
- "Sensor Alert" has the meaning in Section 5.9.
- "Service Agreement" has the meaning in Section 2.8.
- "Strech", "we", "us" and "our" mean Strech Inc.
- "Strech staff" means Strech's officers, employees and individual contractors who work for Strech under written confidentiality obligations.
- "Stripe" and "Stripe terms" have the meanings in Section 9.5.
- "Technician" has the meaning in Section 3.7.
- "Trip Fee" has the meaning in Section 9.7.
- "Your content" has the meaning in Section 13.2.
20 Signing
By signing below, or electronically in the Pro App, the Pro agrees to these Terms of Service for Strech Professionals, version 1.0, including the agreement to arbitrate in Section 16 and the right to opt out of it in Section 16.10.
The Pro (individual, or authorized signer for the Pro's business)
Business name, if any
Strech Inc.
By: Zaid Joseph, Chief Operating Officer