Last updated: January 21, 2025
Effective Date: June 15, 2025
Please read these Terms and Conditions (“Terms”) carefully before using Our Service.
1. Interpretation and Definitions
1.1. Interpretation
Words with initial capital letters have defined meanings under the following conditions. These definitions apply whether in singular or plural form.
1.2. Definitions
- Affiliate means an entity that controls, is controlled by, or is under common control with a party (over 50% ownership).
- Company (“We,” “Us,” “Our”) refers to The Smart Fix Handyman, LLC, 421 E Wishbone Ln, Haslet, TX 76052.
- Country refers to Texas, United States.
- Device any device that can access the Service (computer, cellphone, tablet).
- Service the Website.
- Terms these Terms and Conditions.
- Third-party Social Media Service any service/content provided by a third party and displayed or made available by the Service.
- Website our site, https://www.thesmartfixhandyman.com/.
- You the individual or legal entity accessing or using the Service.
2. Acknowledgment
These Terms govern your use of the Service. By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part, do not use the Service. You represent that You are over 18; minors are not permitted.
Your access and use are also conditioned on acceptance of Our Privacy Policy.
3. Links to Other Websites
Our Service may contain links to third-party sites not owned or controlled by Us. We assume no responsibility for their content, privacy policies, or practices. You acknowledge that We shall not be liable for any damage or loss caused by reliance on any third-party content or services. We strongly advise You to read their terms and policies.
4. Termination
We may suspend or terminate Your access immediately, without notice or liability, for any reason, including breach of these Terms. Upon termination, Your right to use the Service ceases immediately.
5. Limitation of Liability
To the maximum extent permitted by law, Our liability and that of Our suppliers under these Terms is limited to the greater of (a) the total amount You paid through the Service, or (b) USD 100 if no purchase was made. We and Our suppliers shall not be liable for special, incidental, indirect, or consequential damages, even if advised of their possibility.
6. “AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided “AS IS” and “AS AVAILABLE,” with all faults and defects. We disclaim all warranties—express, implied, statutory, or otherwise—including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the Service will meet Your requirements, be uninterrupted, error-free, or free of harmful components.
7. Governing Law
The laws of Texas, United States, excluding conflict-of-law rules, govern these Terms and Your use of the Service. Your use may also be subject to other local, state, national, or international laws.
8. Dispute Resolution
You agree to first attempt to resolve any dispute informally by contacting Us. If You are an EU consumer, mandatory provisions of your country of residence still apply.
9. United States Legal Compliance
You warrant that You are not located in a U.S. embargoed country or listed as a prohibited party.
10. Severability and Waiver
10.1. Severability
If any provision is unenforceable or invalid, it will be re-interpreted to accomplish its objectives, and the remaining provisions remain in effect.
10.2. Waiver
Failure to exercise a right under these Terms does not constitute a waiver of that right.
11. Changes to These Terms
We may modify these Terms at Our sole discretion. If a revision is material, We will use reasonable efforts to provide at least 30 days’ notice prior to the changes taking effect. Continued use of the Service after changes indicates Your acceptance.
12. Contact Us
If you have any questions about these Terms, contact us:
- Email: [email protected]
13. SMS Program Terms of Service
Effective Date: June 15, 2025
13.1. Program Overview
By signing up for SMS, you agree to receive application-to-person (A2P) messages from The Smart Fix Handyman for:
- Appointment scheduling and reminders
- Service dispatch notifications
- Billing alerts
- Post-job surveys
- Occasional promotional offers
13.2. Brand Name Disclosure
These messages come from The Smart Fix Handyman.
13.3. 10DLC & CTIA Compliance
We comply with CTIA’s Messaging Principles & Best Practices and The Campaign Registry’s 10DLC requirements. Your mobile data will never be sold or rented for third-party marketing.
13.4. User Consent & Retention
- Opt-In: You must explicitly opt in by submitting your number via our web form, by text, or verbally in person.
- Proof: We retain time-stamped consent records for 24 months to comply with audit requirements.
13.5. Message Frequency and Rates
- Frequency: Up to eight messages per month; message frequency may vary.
- Rates: Msg & data rates may apply per your carrier plan.
13.6. Messaging Provider
We use Twilio as our 10DLC messaging vendor. Twilio securely stores your phone number and message history solely to deliver SMS on our behalf. Review their privacy policy at https://www.twilio.com/legal/privacy.
13.7. Opt-Out Procedures
- Reply STOP: Text STOP to any message to unsubscribe from all SMS communications.
- Processing: We process opt-out requests immediately and confirm unsubscription; no further messages will be sent.
- Alternate Opt-Out: Click the unsubscribe link (where available) or email [email protected].
13.8. Help and Support
- Reply HELP: Text HELP to any message for assistance.
- Email: [email protected]