PLATFORM TERMS OF SERVICE
Service Day, Inc.
Last Updated: April 27, 2026
PLEASE READ THESE TERMS CAREFULLY. By accessing, browsing, or using the Service Day platform (the "Platform"), including the website, mobile application, and all related tools and services, you agree to be bound by these Platform Terms of Service (these "Terms"). These Terms constitute a legally binding agreement between you and Service Day, Inc., a Minnesota corporation ("Service Day," "we," "us," or "our"). If you do not agree to these Terms, do not use the Platform.
These Terms apply to all users of the Platform, including Customers (homeowners enrolled in Service Plans) and Vendors (independent service providers). Certain additional terms may apply to you depending on your role, as set forth in the Customer Service Plan Agreement or the Vendor Marketplace Participation Agreement, as applicable. In the event of a conflict between these Terms and your role-specific agreement, the role-specific agreement controls.
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1. DEFINITIONS
"Content" means any text, images, data, ratings, reviews, messages, or other material posted, uploaded, or transmitted through the Platform by any User.
"Customer" means an individual homeowner who has enrolled in a Service Plan through the Platform.
"Platform" means the proprietary technology platform operated by Service Day, including the website, mobile application, APIs, scheduling tools, payment processing features, and all related services.
"Service Plan" means the customized preventative maintenance plan selected by a Customer, specifying Covered Systems, visit frequency, and scope of work.
"Services" means the preventative maintenance services performed by Vendors for Customers, as facilitated through the Platform.
"User" means any individual or entity that accesses or uses the Platform, including Customers, Vendors, and visitors.
"Vendor" means an independent, third-party service provider who has been accepted onto the Platform to perform Services for Customers.
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2. PLATFORM DESCRIPTION AND MARKETPLACE DISCLAIMER
2.1 What Service Day Does
Service Day provides a technology platform that:
• Connects homeowners with independent, vetted service vendors for scheduled preventative maintenance.
• Facilitates scheduling and coordination of Service Assignments.
• Processes payments between Customers and Vendors as a limited payment collection agent.
• Operates a rating and quality system to promote high-quality service.
2.2 What Service Day Does Not Do
Service Day is a technology marketplace. Service Day does not provide, perform, supervise, direct, or control any maintenance services. All Services are performed by independent Vendors who are not employees, agents, or subcontractors of Service Day.
SERVICE DAY IS NOT A PARTY TO ANY SERVICE AGREEMENT BETWEEN A CUSTOMER AND A VENDOR. The contractual relationship for the performance of Services exists directly between the Customer and the Vendor. Service Day's role is limited to facilitating the connection, processing payments, and operating the Platform.
Customers and Vendors acknowledge that Service Day bears no responsibility for the quality, safety, legality, or outcome of any Services performed through the Platform.
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3. ACCOUNT REGISTRATION AND SECURITY
3.1 Account Creation
To use certain features of the Platform, you must create an account. When creating an account, you agree to provide accurate, current, and complete information and to update that information as necessary.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify Service Day immediately of any unauthorized access to or use of your account.
3.3 Eligibility
The Platform is available only to individuals who are at least eighteen (18) years of age and who can form legally binding contracts. By using the Platform, you represent and warrant that you meet these eligibility requirements.
3.4 One Account Per User
Each User may maintain only one active account. Service Day reserves the right to suspend or terminate duplicate accounts.
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4. USER CONDUCT AND ACCEPTABLE USE
You agree to use the Platform only for its intended purpose and in compliance with all applicable laws. You agree not to:
• Provide false, misleading, or inaccurate information.
• Impersonate any person or entity or misrepresent your affiliation.
• Circumvent, disable, or interfere with the Platform's security features.
• Use the Platform to transmit viruses, malware, or other harmful code.
• Attempt to access other Users' accounts or personal information without authorization.
• Use the Platform for any illegal purpose or in violation of any applicable law.
• Circumvent the Platform's payment system or facilitate off-platform transactions with Users introduced through the Platform.
• Engage in harassment, abuse, or threatening behavior toward any User.
• Scrape, crawl, or use automated means to access the Platform without Service Day's express written consent.
• Post false, defamatory, or fraudulent ratings or reviews.
Service Day reserves the right to investigate and take appropriate action against any User who violates these Terms, including suspension or termination of accounts and reporting to law enforcement where appropriate.
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5. PAYMENTS AND PAYMENT PROCESSING
5.1 Payment Processing Role
Service Day acts as a limited payment collection agent for Vendors. When a Customer pays Fees through the Platform, that payment satisfies the Customer's payment obligation to the Vendor for the applicable Services.
5.2 Payment Processor
All payments are processed through Stripe, our third-party payment processor. By using the Platform's payment features, you agree to Stripe's terms of service and privacy policy. Service Day is not responsible for Stripe's services, and any issues related to payment processing should be directed to Stripe's support.
5.3 Chargebacks and Refunds
If a Customer initiates a chargeback or payment dispute through their financial institution, Service Day may suspend the Customer's account pending resolution. Service Day will cooperate with the payment processor to resolve disputes but is not responsible for the outcome of chargeback proceedings.
5.4 Taxes
Each User is solely responsible for determining and paying all taxes applicable to their use of the Platform and any transactions conducted through it. Service Day does not provide tax advice and is not responsible for any User's tax obligations.
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6. RATINGS AND REVIEWS
6.1 Rating System
The Platform includes a rating and review system that allows Customers to rate Vendors after each Service Assignment. The rating system is a core component of the Platform's quality assurance program.
6.2 Ownership and Control
Service Day owns the rating system, all ratings data, and all algorithms used to calculate, display, and apply ratings. Service Day may, in its sole discretion:
• Modify the rating methodology, scale, or display at any time.
• Remove, edit, or adjust ratings or reviews that appear to be fraudulent, abusive, or in violation of these Terms.
• Use ratings data for any business purpose, including determining Vendor fees, visibility, and continued participation.
6.3 User Conduct in Reviews
When submitting ratings or reviews, Users agree to provide honest, accurate, and fair assessments. Users may not submit ratings or reviews that are false, defamatory, retaliatory, or that violate any applicable law. Service Day may remove reviews that violate these standards.
6.4 No Guarantee of Accuracy
Service Day does not guarantee the accuracy, completeness, or reliability of any rating or review. Ratings and reviews represent the subjective opinions of individual Users and should not be relied upon as the sole basis for any decision.
6.5 Vendor Consent
By participating in the Platform, Vendors consent to being rated and reviewed by Customers and to the use of their ratings for the purposes described in these Terms and the Vendor Agreement.
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7. INTELLECTUAL PROPERTY
7.1 Platform Ownership
The Platform, including its design, code, functionality, algorithms, ratings data, trademarks, logos, and all other intellectual property, is the exclusive property of Service Day, Inc. or its licensors. All rights not expressly granted in these Terms are reserved.
7.2 Limited License
Subject to your compliance with these Terms, Service Day grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose. This license does not include the right to copy, modify, distribute, sell, or create derivative works based on the Platform.
7.3 User Content License
By posting Content on the Platform (including ratings, reviews, and messages), you grant Service Day a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display, and distribute that Content in connection with the operation and promotion of the Platform.
7.4 DMCA and Content Takedown
If you believe that Content on the Platform infringes your intellectual property rights, you may submit a takedown notice to Service Day at legal@myserviceday.com. Service Day will respond to valid notices in accordance with the Digital Millennium Copyright Act (DMCA) and applicable law.
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8. PRIVACY
Service Day collects, uses, and stores personal information in accordance with its Privacy Policy, which is incorporated herein by reference. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.
Service Day may share certain User information with other Users as necessary for the operation of the Platform (for example, sharing Customer contact information and service location with assigned Vendors). Users agree to use any personal information received through the Platform solely for the purposes of the Platform and in compliance with applicable privacy laws. Vendors are expressly prohibited from using Customer phone numbers or contact information for their own marketing, solicitation, or any purpose unrelated to performing assigned Services.
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9. TEXT MESSAGING
Service Day offers an optional SMS text messaging program that delivers transactional notifications related to your account and services. The SMS program is governed by the Privacy Policy, which contains the full terms of the program including opt-in, opt-out, message frequency, and mobile information sharing practices. By using the Platform, you agree to the SMS program terms as set forth in the Privacy Policy.
9.1 Program Summary
The SMS program is strictly transactional. Messages may include appointment reminders, Vendor assignment notifications, Service Plan change notices, rescheduling confirmations, monthly service summaries, and account activity alerts. Service Day does not send marketing or promotional messages via SMS.
9.2 Opt-In
Enrollment in the SMS program requires double opt-in: (1) phone number verification via a six-digit code; and (2) explicit activation of the "SMS Reminders" toggle in your account settings, which is OFF by default. Consent to receive SMS messages is not required as a condition of purchasing any service or using the Platform.
9.3 Opt-Out and Help
You may opt out at any time by replying STOP to any message or by toggling SMS Reminders to OFF in your account settings. Reply HELP or contact support@myserviceday.com for assistance. Standard message and data rates may apply. For complete SMS program terms, including message frequency and mobile information sharing practices, see the Privacy Policy at myserviceday.com.
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10. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING MINNESOTA LAW:
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND.
SERVICE DAY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:
• Any warranty of merchantability, fitness for a particular purpose, or non-infringement.
• Any warranty that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• Any warranty regarding the quality, safety, legality, or reliability of any Services performed by Vendors.
• Any warranty regarding the accuracy, completeness, or timeliness of any Content, ratings, or information on the Platform.
• Any warranty regarding the suitability, reliability, or qualifications of any Vendor.
Service Day does not endorse, certify, or guarantee any Vendor or any Services offered through the Platform. Any decision to engage a Vendor or use Services is made at the User's own risk.
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11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY MINNESOTA LAW:
Service Day's total aggregate liability arising out of or related to these Terms or the Platform shall not exceed the total Fees actually paid by you to Service Day in the twelve (12) months immediately preceding the event giving rise to the claim.
IN NO EVENT SHALL SERVICE DAY BE LIABLE FOR ANY:
• Indirect, incidental, special, consequential, or punitive damages.
• Loss of data, revenue, profits, or business opportunities.
• Personal injury or property damage arising from or related to Services performed by any Vendor.
• Unauthorized access to or alteration of your account or data.
• Any failure or delay in the Platform's operation.
These limitations apply regardless of the legal theory upon which the claim is based, including contract, tort, negligence, strict liability, or any other theory, and even if Service Day has been advised of the possibility of such damages.
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12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Service Day, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
• Your use of the Platform.
• Your breach of these Terms.
• Your violation of any applicable law.
• Any Content you post or transmit through the Platform.
• Any dispute between you and another User.
• Your negligence or willful misconduct.
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13. DISPUTE RESOLUTION AND ARBITRATION
13.1 Disputes Between Users
Disputes between Customers and Vendors regarding Services are to be resolved directly between those Users. Service Day is not a party to the service relationship and is not obligated to mediate or resolve User-to-User disputes. Service Day may, at its discretion, provide tools or assistance to facilitate resolution, but any such assistance does not create an obligation or liability.
13.2 Informal Resolution with Service Day
Before initiating formal dispute resolution against Service Day, you agree to contact Service Day and attempt to resolve any dispute informally for a period of at least thirty (30) days.
13.3 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that cannot be resolved informally shall be resolved by binding arbitration administered under the American Arbitration Association ("AAA") Commercial Arbitration Rules (or Consumer Arbitration Rules, as applicable). Arbitration shall take place in Hennepin County, Minnesota, before a single arbitrator.
13.4 Waiver of Jury Trial and Class Action
BY USING THE PLATFORM, YOU WAIVE THE RIGHT TO A JURY TRIAL. You also waive the right to participate in any class action, class arbitration, or representative proceeding against Service Day.
13.5 Small Claims Exception
Notwithstanding the foregoing, either party may bring an individual action in small claims court in Hennepin County, Minnesota, if the claim falls within that court's jurisdictional limits.
13.6 Arbitration Costs
Each party shall bear its own costs and attorneys' fees in arbitration, except that Service Day will pay all AAA filing fees and arbitrator compensation to the extent required by applicable AAA rules.
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14. ACCOUNT TERMINATION
14.1 Termination by Service Day
Service Day may suspend or terminate your account and access to the Platform at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to:
• Violation of these Terms or any applicable agreement.
• Fraudulent, abusive, or illegal activity.
• Failure to maintain a valid payment method (Customers) or valid insurance/licensing (Vendors).
• Conduct that poses a risk to other Users or to Service Day's reputation.
• Inactivity for an extended period.
14.2 Termination by User
You may terminate your account at any time by contacting Service Day. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations and pending Service Assignments.
14.3 Effect of Termination
Upon termination: (a) your right to access and use the Platform will immediately cease; (b) Service Day may delete your account data after a reasonable retention period, subject to legal obligations; (c) any Fees owed as of the termination date remain due and payable; and (d) all provisions that by their nature should survive termination will remain in full force and effect, including Sections 7, 10, 11, 12, 13, and 16.
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15. MODIFICATIONS TO TERMS
Service Day reserves the right to modify these Terms at any time. When we make material changes, we will:
• Post the updated Terms on the Platform with a new "Last Updated" date.
• Provide notice to registered Users via email or through the Platform at least thirty (30) days before the changes take effect.
Your continued use of the Platform after the effective date of any modification constitutes acceptance of the modified Terms. If you do not agree to any modification, you must stop using the Platform and terminate your account before the modification takes effect.
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16. GENERAL PROVISIONS
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws principles.
16.2 Entire Agreement
These Terms, together with the Privacy Policy and any applicable role-specific agreement (Customer Agreement or Vendor Agreement), constitute the entire agreement between you and Service Day with respect to the subject matter hereof.
16.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
16.4 Waiver
The failure of Service Day to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing.
16.5 Assignment
You may not assign or transfer your rights or obligations under these Terms without Service Day's prior written consent. Service Day may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets. Any attempted assignment in violation of this section is void.
16.6 Force Majeure
Service Day shall not be liable for any failure or delay in the operation of the Platform due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, labor disputes, power outages, or failures of third-party services.
16.7 Notices
Service Day may provide notices to you via email, through the Platform, or by posting on the Platform. You may provide notices to Service Day at legal@myserviceday.com or at Service Day, Inc., 202 N Cedar Ave, Suite 1, Owatonna, MN 55060-2306.
16.8 Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights. No User may enforce these Terms against Service Day on behalf of another User.
16.9 Headings
Section headings are for convenience only and do not affect the interpretation of these Terms.
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BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Service Day, Inc. — 202 N Cedar Ave, Suite 1, Owatonna, MN 55060-2306
legal@myserviceday.com