All legal pagesAll legal pagesDRAFT — NOT LEGAL ADVICE. This document is a working draft prepared for review by a licensed attorney. It has not been reviewed or approved by counsel and must not be published or relied upon until it is. Bracketed items like [COMPANY LEGAL NAME] are placeholders. See the attorney review checklist (`docs/legal-research/ATTORNEY-REVIEW.md`).
These Terms of Service ("Terms") govern your use of the JobDeposit website, web application, and held-deposit and milestone-payment services (the "Platform") operated by [COMPANY LEGAL NAME], a [STATE] [ENTITY TYPE] ("JobDeposit," "we," "us"), located at [ADDRESS]. By creating an account or using the Platform you agree to these Terms, the Payment & Funds-Holding Terms, Dispute Resolution Policy, AI Photo Verification Disclaimer, Acceptable Use Policy, Privacy Policy, Verification Badge Disclaimer, E-Sign Consent, SMS Terms, and, for contractors, the Contractor Agreement and Lead Generation Terms (together, the "Agreement").
PLEASE READ SECTION 14 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND WAIVES CLASS ACTIONS AND JURY TRIALS.
1.1 JobDeposit is an online marketplace and milestone-payment workflow tool that connects homeowners ("Homeowners") with independent small trade contractors ("Contractors") for residential remodeling projects such as roofing, tile, flooring, kitchen and bath remodels, and painting, funded through a held deposit and paid out via milestone payments.
1.2 JobDeposit is not a contractor, general contractor, construction manager, inspector, architect, engineer, insurer, surety, bank, or escrow agent. We do not perform, supervise, direct, or guarantee any work.
1.3 We are not a party to the construction contract. The agreement for work (the "Project Contract") is solely between the Homeowner and the Contractor. The Platform may provide templates, milestone payment schedules, and scope tools for convenience; you are responsible for ensuring your Project Contract meets the laws of your state.
1.4 Contractors are independent businesses, not our employees, agents, or partners.
1.5 Held deposits and milestone payments are processed and held by our third-party licensed payment processor(s) (currently [PAYMENT PROCESSOR, e.g., Stripe, Inc.]), not by JobDeposit. See the Payment & Funds-Holding Terms.
2.1 Account eligibility. You must be at least 18, able to form a binding contract, and located in an eligible jurisdiction of the United States. You must provide accurate information and keep your credentials secure. You are responsible for all activity on your account. Homeowners must own the property or be authorized by the owner to contract for work on it.
2.2 Service area and excluded jurisdictions. The Platform is offered only in supported United States jurisdictions listed in our active service area (SERVICE_STATES) and eligible ZIP codes. JobDeposit is not available in excluded jurisdictions, including [EXCLUDED STATES / SERVICE AREA EXCLUSION PLACEHOLDER]. Homeowners, Contractors, and properties located in—or Contractors licensed only in—an excluded state or ZIP code are ineligible to register, request or accept leads, fund a held deposit, or receive milestone payments through the Platform. [ATTORNEY: confirm state-by-state service-area exclusion schedule and ZIP enforcement disclosures.]
Homeowners agree to: (a) describe the project accurately; (b) review and agree to the scope, milestone payment schedule, and total price before funding; (c) fund the held deposit as required under the Payment & Funds-Holding Terms; (d) provide safe, reasonable access to the property; (e) obtain any HOA or owner approvals that are the Homeowner's responsibility; (f) review milestone updates and raise disputes promptly and in good faith under the Dispute Resolution Policy; (g) not submit false, altered, or misleading photos or claims; and (h) not circumvent the Platform to pay a Contractor met through the Platform outside the held-deposit and milestone-payment workflow during [12] months after introduction (see Section 9).
Contractors agree to the Contractor Agreement, including to: hold and maintain all required licenses, registrations, bonds, and insurance in an eligible service state; perform work in a good and workmanlike manner in compliance with codes and permits; provide all disclosures and contract terms required by state home-improvement laws; submit only genuine, unaltered, current photos of their own work at the job site; and maintain an approved, verified business bank account to receive milestone payments.
Projects are funded with a held deposit and organized into milestones, each with scope descriptions, tasks, and a scheduled milestone payment amount. Contractors submit photo evidence for each task. Automated systems, including artificial intelligence ("AI"), compare submissions against the agreed scope and may approve, flag, or request retakes, or escalate low-confidence results for human review. Milestone payment release decisions are made by automated or escalated review under the rules described in the Payment & Funds-Holding Terms; Homeowners do not pre-approve each milestone payment release but may dispute afterward. AI review is not a professional inspection and does not certify code compliance, quality, or safety. See the AI Photo Verification Disclaimer.
Badges reflect only that a Contractor submitted license, insurance, and business (EIN) records that passed our verification checks at a point in time. A badge is not an endorsement, guarantee, warranty, or license. See the Verification Badge Disclaimer.
Fees are shown before you commit to funding a held deposit or accepting a project. Homeowner fees: [HOMEOWNER FEE, e.g., none / X%]. Contractor fees on milestone payments and leads are described in the Contractor Agreement and Lead Generation Terms. Processor fees may apply. Taxes are your responsibility except where we are required to collect them.
You consent to receive records electronically under the E-Sign Consent. Text messaging is governed by the SMS Terms.
To protect the held-deposit and milestone-payment workflow, you agree not to arrange off-Platform payment for Platform-introduced projects for [12] months, except as permitted by law. [ATTORNEY: confirm enforceability.]
You retain ownership of content you upload (photos, reviews, documents). You grant us a worldwide, non-exclusive, royalty-free license to host, process, analyze (including by AI), display to project parties, and use it to operate, secure, and improve the Platform, and to use de-identified or aggregated data. Reviews must be truthful and reflect a genuine experience.
See the Acceptable Use Policy. We may suspend or terminate accounts, hold unreleased deposit funds or milestone payments as permitted by the Payment & Funds-Holding Terms, and report unlawful activity.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE QUALITY, SAFETY, LEGALITY, OR TIMELINESS OF ANY WORK, THE ACCURACY OF ANY AI OUTPUT, OR THE CONDUCT OF ANY USER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, DEFECTIVE WORK, LOST PROFITS, OR LOST DATA ARISING FROM ANY PROJECT OR USER CONDUCT; AND (b) OUR TOTAL LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF (i) THE PLATFORM FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (ii) $100. This does not limit liability that cannot be limited by law, or our obligation to instruct the Processor to release or refund held deposit funds or milestone payments according to the Payment & Funds-Holding Terms. Some states do not allow these limitations, so they may not apply to you.
14.1 Informal resolution. Before filing a claim, send notice to [LEGAL EMAIL] / [ADDRESS] and negotiate in good faith for 60 days.
14.2 Binding arbitration. Except for small-claims matters and claims for injunctive relief for intellectual-property misuse, any dispute between you and JobDeposit arising from the Agreement or Platform will be resolved by binding individual arbitration administered by [AAA / JAMS] under its consumer rules (for Homeowners) or commercial rules (for Contractors). The Federal Arbitration Act governs this Section. The arbitrator decides arbitrability, except that a court decides the enforceability of the class waiver.
14.3 Class-action and jury waiver. YOU AND JOBDEPOSIT MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND WAIVE TRIAL BY JURY.
14.4 Mass arbitration. If 25 or more similar demands are filed by the same or coordinated counsel, they will be administered in staged batches [ATTORNEY: finalize batching protocol].
14.5 Fees. For Homeowner claims under $[10,000], we will pay filing and arbitrator fees beyond the amount you would pay to file in court.
14.6 Opt-out. You may opt out within 30 days of first accepting these Terms by emailing [OPT-OUT EMAIL] with your name and account email.
14.7 Disputes between Homeowners and Contractors about the work, held deposits, or milestone payments are governed by their Project Contract and our Dispute Resolution Policy, and not by this Section unless JobDeposit is a party.
You will defend, indemnify, and hold harmless JobDeposit and its officers, employees, and agents from claims, losses, and expenses (including reasonable attorneys' fees) arising from your Project, work performed or not performed, your content, your breach of the Agreement, or your violation of law or third-party rights. Contractors' indemnity obligations are expanded in the Contractor Agreement.
You may close your account at any time, subject to completion or resolution of active projects and any held deposit or pending milestone payments. We may suspend or terminate access for breach, risk, or legal reasons. Sections intended to survive will survive.
These Terms are governed by the laws of [GOVERNING LAW STATE] and applicable federal law, without regard to conflict-of-law rules, except where your state's consumer-protection law mandatorily applies. Subject to Section 14, venue is [COUNTY, STATE].
We may update these Terms with notice by email or in-app at least [30] days before material changes take effect, except changes required by law. Changes do not apply retroactively to pending disputes.
Entire agreement; severability; no waiver; assignment by us in a merger or sale; force majeure; notices to [LEGAL EMAIL].
[COMPANY LEGAL NAME] · [ADDRESS] · [LEGAL EMAIL] · [PHONE]