Terms of Service

The NevarPro platform located at nevarpro.com (the “Platform”) is a copyrighted work belonging to Bernier LLC (“Company,” “us,” “our,” and “we”). Certain features of the Platform may be subject to additional guidelines, terms, or rules posted on the Platform in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Service (“Terms”) set forth the legally binding terms and conditions that govern your use of the Platform. By accessing or using the Platform, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. You may not access or use the Platform or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Platform.

PLEASE BE AWARE THAT SECTION 13.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 13.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 13.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 13.2 CAREFULLY. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. Description of Service

NevarPro is a software-as-a-service (SaaS) platform that enables local contractors to set up booking websites, accept appointments, collect deposits, and manage their schedules. Customers use contractor-powered booking sites to schedule and pay for services. NevarPro acts as a platform provider — we are not a party to the service agreements between contractors and their customers, and we are not responsible for the quality, safety, legality, or delivery of any contractor services.

2. Accounts

2.1 Account Creation

In order to use certain features of the Platform, you must register for a contractor account (“Account”) and provide certain information as prompted by the registration form. You must be at least 18 years old and legally authorized to operate a business in your jurisdiction. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time by contacting us. Company may suspend or terminate your Account in accordance with Section 12.

2.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security at support@nevarpro.com. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.3 Accurate Business Information

You agree to provide accurate business information, pricing, service descriptions, and availability. Misleading customers through your booking site is a violation of these Terms and may result in immediate account suspension or termination.

3. Access to the Platform

3.1 License

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform solely for your own lawful business purposes in connection with operating your contractor booking site.

3.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions:

• You shall not license, sell, rent, lease, transfer, assign, or distribute the Platform, whether in whole or in part
• You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform
• You shall not access the Platform in order to build a similar or competitive product or service
• No part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means except as expressly stated herein

Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms.

3.3 Modification of Platform

Company reserves the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform.

3.4 Ownership

All intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and its content are owned by Company or Company's suppliers. Neither these Terms nor your access to the Platform transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights set forth in Section 3.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3.5 Feedback

If you provide Company with any feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback in any manner it deems appropriate. Company will treat any Feedback you provide as non-confidential and non-proprietary.

4. Subscriptions and Payments

4.1 Plans

NevarPro offers a free Starter plan and paid plans billed monthly. Current pricing is available at nevarpro.com/pricing. Paid features are unlocked upon successful subscription activation.

4.2 Billing

Subscriptions are billed monthly through Stripe. By subscribing, you authorize recurring charges to your payment method. You may cancel at any time through your billing settings; your plan remains active until the end of the current billing period. All fees are non-refundable except as required by law.

4.3 Customer Payments via Stripe Connect

Contractors who accept customer payments must connect a Stripe account via Stripe Connect. Bernier LLC is not responsible for payment disputes, chargebacks, or Stripe account issues between contractors and their customers. Stripe's terms and privacy policy govern all payment processing for customer transactions.

5. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable regulations
• Offer services you are not licensed or qualified to perform
• Misrepresent your identity, qualifications, or business
• Attempt to circumvent or reverse-engineer any part of the Platform
• Use the Platform to send unsolicited communications (spam)
• Attempt to access another contractor's account or data
• Interfere with the availability or security of the Platform
• Use the Platform to engage in any fraudulent activity

Violations may result in immediate account suspension or termination.

6. Bookings and Service Delivery

NevarPro facilitates the scheduling and payment process between contractors and customers. We are not responsible for the quality, safety, legality, or delivery of any services provided by contractors. Any disputes about service quality or non-delivery are solely between the contractor and their customer. Contractors are solely responsible for their own licensing, insurance, and compliance with applicable laws.

7. Third-Party Services

7.1 Google Calendar Integration

Contractors may optionally connect their Google Calendar to NevarPro. By doing so, you authorize NevarPro to read your calendar events to check availability and write booking events to your calendar. You may disconnect your Google Calendar at any time from your admin settings. Google's Terms of Service and Privacy Policy apply to your Google account data.

7.2 AI Features

NevarPro includes AI-powered features (onboarding assistant, admin chat) powered by OpenAI. AI outputs are provided as-is and may not always be accurate — do not rely on AI suggestions for legal, financial, or safety decisions.

7.3 Third-Party Links

The Platform may contain links to third-party websites and services. Such third-party links are not under the control of Company, and Company is not responsible for them. Company provides access to these links only as a convenience and does not review, approve, monitor, endorse, or warrant any third-party sites. You use all third-party links at your own risk, and the applicable third party's terms and policies apply.

8. Intellectual Property

NevarPro and its underlying software, design, and trademarks are owned by Bernier LLC. You retain ownership of your business content (logos, service descriptions, branding) that you upload to the Platform. By uploading content, you grant Bernier LLC a limited license to display and process that content solely to operate the Platform on your behalf.

9. Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) any services you provide to customers through the Platform. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Release

You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with other Platform users or third-party services).

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

11. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Term and Termination; General Provisions

13.1 Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Platform. We may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. Upon termination, your Account and right to access and use the Platform will terminate immediately and your booking site will be taken offline. Company will not have any liability to you for any termination of your rights under these Terms. Your data will be retained per our Privacy Policy. Sections 3.4 through 13 shall survive termination.

13.2 Dispute Resolution

Please read this arbitration agreement carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief.

Applicability. You agree that any dispute between you and Company relating in any way to the Platform or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and Company may assert individualized claims in small claims court if the claims qualify; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights.

Informal Dispute Resolution. Before commencing arbitration, the parties agree to personally meet and confer telephonically or via videoconference in good faith to attempt to resolve any dispute informally (“Informal Dispute Resolution Conference”). The party initiating a dispute must give written notice of its intent to initiate an Informal Dispute Resolution Conference, which shall occur within 45 days after the other party receives such notice. Notice to Company should be sent to: matt@bernierllc.com or by mail to 1537 Spring Water Place, Highlands Ranch, Colorado 80129. Engaging in the Informal Dispute Resolution Conference is a condition precedent to commencing arbitration.

Arbitration Rules and Forum. If informal resolution is not reached within 60 days after receipt of notice, either party may commence binding arbitration. The arbitration will be conducted by JAMS under its most current Streamlined Arbitration Rules (for disputes under $250,000) or Comprehensive Arbitration Rules (for larger disputes), available at jamsadr.com. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration agreement. Unless the parties otherwise agree, arbitration will be conducted in the county where you reside.

Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration, including disputes related to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator may award the same damages and relief as a court and must follow these Terms as a court would. The arbitrator's award is final and binding, and judgment may be entered in any court having jurisdiction.

Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. All covered claims and disputes shall be resolved exclusively by arbitration, except as specified above.

Waiver of Class or Non-Individualized Relief. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. ALL RIGHTS TO HAVE ANY DISPUTE HEARD ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS ARE HEREBY WAIVED. If a court determines that the class action waiver is invalid or unenforceable as to a particular claim, that claim may be litigated in state or federal courts in Colorado; all other disputes shall be arbitrated or litigated in small claims court.

Batch Arbitration. If 100 or more substantially similar arbitration requests are filed against Company with the assistance of the same law firm within a 30-day period, JAMS shall administer them in batches of 100 requests per batch with one arbitrator per batch (“Batch Arbitration”). This provision does not authorize class or mass arbitration.

30-Day Right to Opt Out. You have the right to opt out of this arbitration agreement by sending written notice within 30 days after first becoming subject to these Terms to: matt@bernierllc.com or 1537 Spring Water Place, Highlands Ranch, Colorado 80129. Your notice must include your name, address, and a clear statement that you want to opt out. Opting out does not affect any other part of these Terms.

Invalidity. If any part of this arbitration agreement is found invalid or unenforceable, that specific part shall be severed and the remainder shall continue in full force and effect.

14. Changes to Terms

These Terms are subject to occasional revision. If we make any substantial changes, we may notify active contractors via email to the last email address on file and/or by prominently posting notice of the changes on the Platform. Continued use of the Platform following notice of such changes constitutes your acceptance of the updated Terms. We will notify you before material changes to the arbitration agreement take effect, and you may reject such changes within 30 days per Section 13.2.

15. General

These Terms constitute the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”

If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment in violation of the foregoing will be null and void. Company may freely assign these Terms.

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles, except where preempted by the Federal Arbitration Act.

16. Contact

Questions about these Terms: