Duably Terms of Service
Who We Are
Duably, LLC ("Duably," "we," "us") is a Utah company that operates a software platform connecting homeowners ("you") with independent home service professionals ("pros"). These Terms govern your use of the Duably mobile app, duably.com, and any related Duably services (together, the "Platform").
By creating an account, requesting service, or paying for a job through the Platform, you agree to these Terms and to our Privacy Policy.
What Duably Does and Does Not Do
Duably is a marketplace and workflow platform. We:
- Help you describe a home service problem.
- Send your request to qualified pros in your area.
- Coordinate scheduling, diagnosis, your approval of the work, and payment.
- Keep records of the job for everyone involved.
Duably does not perform repairs. All on-site work is performed by the pro you are matched with. Pros are independent businesses, not Duably employees. Duably does not control how a pro performs a repair, what tools they use, or the quality of any specific piece of work, beyond the standards pros agree to in their own agreement with us.
The agreement for the repair itself is between you and your pro. When you approve a quote, that contract for the work forms directly between the two of you, and Duably is not a party to it. Duably runs the platform where it happens: we present the price, keep the records, and move the money, but the promise to do the work is your pro's.
Duably may add features over time, including working with home warranty companies, and we may change or retire features of the Platform as it evolves. If a change meaningfully affects your rights or what you pay, it will come to you as a new version of these Terms to review.
Eligibility, Your Account, and Where Duably Works
You must be 18 or older and legally able to authorize repairs at the property you list. The information in your account (name, contact details, property address) must be accurate, and you are responsible for activity under your account.
Where Duably works. Duably is available only in the areas we have opened, and we are adding areas over time. If your ZIP code is not open yet, you can leave your email address to be told when we reach you. Joining that waitlist does not create an account. We may add or remove service areas at any time.
How a Job Works
- Request. You describe the problem, attach photos if you like, and tell us when you are available. Any cost figures shown at this stage are typical ranges for that kind of work, not a price. Your price is set by your pro after they diagnose the problem.
- Match. Your request goes out to qualified pros in your area. A pro takes your job and confirms one exact 2-hour arrival window based on the availability you gave.
- Confirm payment. You save a payment method and authorize the pro's service fee, which covers the visit and diagnosis. Your card is not charged at this step. If you do nothing within 24 hours, we release the job back to other pros, your arrival window is removed, and nothing is charged.
- The visit. Your pro arrives during the arrival window and diagnoses the problem on site.
- The quote. Your pro proposes what the repair involves and what it costs. The total is the service fee plus labor plus parts.
- Your decision. You approve or decline the price. Approving places a hold on your card (see Section 7); it does not charge you. If you decline, your pro can revise the quote and send it back, or the job can end there, in which case the service fee applies (see Section 6).
- The repair. Your pro performs the approved work and marks the job complete with photos and notes.
- Payment and confirmation. When the job is marked complete, we charge your card for the approved total. You then confirm the work in the app. If you do not respond within 24 hours, we treat the job as confirmed and release the pro's payment. If you report a problem with the repair before confirming, the pro's payment waits until it is resolved.
Scheduling, Rescheduling, and Cancelling
- Every job ends with one confirmed 2-hour arrival window. The arrival window locks when a pro takes your job.
- Arrival windows fall inside our service hours, normally 8 AM to 8 PM.
- If your pro needs to shift the arrival window by up to two hours on the same day, they will ask you first, and the change only happens if you approve it. Any larger move is a reschedule and also needs your approval.
- You can ask to reschedule up to two hours before your arrival window starts. Your pro can accept your new timing, offer you up to three exact arrival windows to choose from, or release the job so we can find you another pro. A release is free and is not held against you.
- If your pro offers you arrival windows and none of them work, you can send the job back out to other pros or cancel. If you are within 24 hours of your original arrival window, the cancellation fee in Section 6 applies either way. We show you the exact amount before you confirm.
- Once your pro is on the way, the appointment can no longer be cancelled in the app. If you decide you do not want the work, let your pro arrive, hear the quote, and decline it (see Section 6).
- If a pro cannot keep a confirmed arrival window, your request goes back out to other pros with your original details intact, and you are not charged for that.
- Please be available and reachable during your arrival window. If your pro cannot reach you or cannot get in, they may release the job. You will not be charged for that visit, and your request goes back out so you can be rescheduled.
Payments
Payment processor. Duably uses Stripe to process payments. By saving a payment method, you authorize Duably, through Stripe, to charge it for the amounts you approve through the Platform.
What you pay. The price you approve is the whole price: the pro's service fee plus labor plus parts. A Duably platform fee, currently 20% of the service fee and labor portion (parts excluded), is included in that price and paid out of the pro's share. It is never added on top after you approve.
When you are charged. Approving a price does not charge you. When you approve, we place a hold on your card for the approved total. If the hold cannot be placed, the approval does not go through and you will be asked for another payment method. The charge happens when your pro marks the work complete. If the job is cancelled before that, the hold is released.
Cancellation fees. You can cancel free at any time while we are still finding you a pro, and at any time before you confirm your payment method. Once you have confirmed payment and your arrival window is locked:
- More than 24 hours before your arrival window starts: no charge.
- Between 24 hours and 2 hours before it starts: 50% of the service fee you authorized.
- Less than 2 hours before it starts: 80% of the service fee you authorized.
Once your pro is on the way, cancelling is no longer available; your option at that point is to let the pro arrive and decline the quote. A cancellation fee applies only when you cancel. If your pro or Duably cancels, you are never charged. We show you the exact amount before you confirm any cancellation, and most of the fee goes to the pro who set the time aside. The percentages above can change over time; the rates that apply to you are always shown in the app before you confirm.
If you decline the quote. If your pro arrives, diagnoses the problem, and gives you a price you choose not to accept, you pay the service fee for that visit and nothing more. The amount is the service fee you authorized when you confirmed the appointment, or the pro's current service fee, whichever is lower. Your pro can choose to waive it. You will receive a receipt by email.
Choosing a different pro. After a pro takes your job, if you decide you would rather not proceed with that pro's service fee before you confirm payment, you can send the job back out to other pros at no charge.
If a payment does not go through. If a charge fails, we automatically retry the card on file a few times over roughly four days. If it still does not go through, we will contact you to arrange payment. An unpaid amount does not block your account, but we may hold it against your account until it is settled.
Receipts. We email you an itemized receipt for every charge, so please keep a working email address on your account.
Taxes. The prices you see and approve are the full amount charged. Duably does not add sales tax at checkout. Your pro is responsible for any tax obligations on the work they perform.
Refunds, Disputes, and Chargebacks
We want any payment problem resolved quickly and fairly. Before you contact your bank or card issuer about a charge from Duably, please contact us first at support@duably.com with your job number.
- We aim to respond within 3 business days.
- If the charge was for work that was not performed, work performed incorrectly, or an amount you did not authorize, we will review it and refund or adjust it where that is the right outcome.
- If we believe the charge was correct, we will explain why and provide the receipt, the photo evidence, and your authorization record from Section 7.
- Filing a chargeback before contacting us costs everyone time and money. Repeated bad-faith chargebacks may result in account suspension and recovery of costs we incur.
This section does not waive any right you have under applicable consumer protection law to dispute a charge with your card issuer.
Pros, Credentials, and Responsibility for the Work
Credentials. Before a pro can take work on Duably, we require them to give us a license number for the trade and proof of insurance for their business, and we review those submissions. Pros can start working as soon as they submit, and our review happens alongside their first jobs. If a review finds a problem, we pause that pro from taking new work until it is fixed.
Please read that as what it is. We collect and review what pros submit, and we act when something is wrong. We are not certifying any individual pro or technician, we do not guarantee that every person who arrives holds a current license, and we are not anyone's insurer. Licensing and insurance are the pro's own legal obligation. If you want to confirm a license yourself, ask your pro for the number and check it with your state licensing board.
Responsibility for the work. Pros are independent. To the extent allowed by law, the pro, not Duably, is responsible for the workmanship, safety, and outcome of the on-site work. If you believe a pro damaged your property or performed work incorrectly, contact us promptly and we will help coordinate with the pro and, where relevant, the pro's insurance.
If a repair does not hold. Report it in the app. We will arrange for your pro to come back, and a return visit for the same problem is not charged as a new job. Duably may, at our discretion, issue a refund or arrange a return visit, but Duably is not the warrantor of the pro's work.
Older homes and aging parts. Pipes, wiring, fixtures, and equipment wear out. A part that has corroded, seized, or decayed with age can fail while it is being worked on, even when the work is done correctly. You acknowledge that where work was performed with reasonable care, neither the pro nor Duably is responsible for the failure of an aged or deteriorated part, or for damage that failure causes. This does not excuse careless work; it covers the risk that already lived in the part.
Photos and Content You Upload
When you attach photos, notes, or other content to a request or a job, you keep ownership of it. You give Duably permission to store it, show it to pros in connection with your job, and use it to run and support the job. If a charge on your job is disputed with your bank or card company, we may include your photos, the work records, and your authorization records in the evidence we submit, because that is how a dispute gets resolved. We do not use your photos in advertising or make them public.
Reviews
After a job you can rate your pro and write a comment. Ratings help decide which pros see future work, so please be honest and keep reviews about your actual experience. Your written comments are not shown to other users; pros see their overall ratings. We may remove a review that contains abuse, personal attacks, private information, or content unrelated to the job, and we record the reason whenever we do.
Your Information
We collect and use information about your account, your property, your jobs, and your payments to run the Platform, as described in our Privacy Policy. The pro working your job sees the information they need to do that job, and nothing more, until they take it: before a pro takes your job, your name, street address, and phone number stay hidden. We do not sell your personal information. The Privacy Policy controls if it conflicts with this section.
Acceptable Use
Do not:
- Submit false or fraudulent service requests.
- Bypass the Platform to pay a pro directly for a job that originated on the Platform.
- Harass, threaten, or discriminate against pros, technicians, or Duably staff.
- Copy, scrape, or harvest data from the Platform, or probe, overload, or interfere with its systems.
- Use the Platform in violation of law.
We may suspend or close accounts that violate these rules.
Duably's Intellectual Property
The Platform itself, meaning the apps, the website, the software behind them, the Duably name and logo, and the designs and text we created, belongs to Duably or its licensors. While you have an account, Duably gives you a limited, personal, non-transferable license to use the apps and the website to access our services. That license is all these Terms grant: nothing in them transfers ownership of any part of the Platform to you, and the license ends when your account closes.
This section does not touch what is yours. Section 10 governs the photos and content you upload, and you keep ownership of them.
Messages from Duably
We contact you about your jobs and your account by push notification and email, and by text message where that service is available. Job-critical messages are part of the service and cannot be turned off, though you can turn push notifications off in your device settings. Standard message and data rates may apply to text messages, and you can reply STOP to any text to stop receiving texts.
Ending Your Account
By you. You can delete your account at any time from Account in the app. You cannot delete while a job is in progress, because a pro is mid-work and a payment is open. Once your jobs are settled, we close your account. We keep the records we are required to keep, including completed job records, receipts, payment records, and the authorization records described in Section 7. Our Privacy Policy explains what we keep and for how long.
By us. We can suspend or close an account that violates Section 13, that we believe is being used fraudulently, or where the law requires us to. If we close your account and you are owed a refund, we still pay it.
Changes to These Terms
We may update these Terms. Each version has its own version number and effective date, and we keep every past version. When we make a change that meaningfully affects your rights or what you pay, we will tell you before it takes effect and give you a way to review it. If you keep using Duably after that, the new version applies to you. If you do not agree with a change, you can delete your account under Account in the app. The version in effect when you authorized a charge is the version that governs that charge.
Disclaimers and Limits of Liability
The Platform is provided "as is." We work to keep it available and accurate, but we do not promise that it will be uninterrupted or error-free. To the extent allowed by law, Duably disclaims implied warranties of merchantability and fitness for a particular purpose for the Platform itself. This does not limit the pro's responsibility for the actual work, or rights you have under applicable law that cannot be waived.
To the extent allowed by law, Duably is not liable for indirect, incidental, consequential, special, or exemplary damages arising from the Platform, such as lost time, lost income, or loss of use of your property, even if we have been told such damages are possible. To the extent allowed by law, Duably's total liability to you for any claim arising from the Platform is limited to the greater of (a) the Duably platform fees you paid in the 12 months before the claim, or (b) $100. Some laws do not allow these exclusions and limits, in which case they apply to the fullest extent permitted.
Release and Indemnification
Release. Duably helps resolve problems between you and your pro, and Sections 8 and 9 describe how. To the extent allowed by law, you release Duably from claims that arise out of a dispute between you and a pro, except to the extent the claim is caused by Duably's own acts or by our failure to do what these Terms say we will do. This release does not limit the pro's responsibility to you.
Indemnification. If a third party brings a claim against Duably because of content you uploaded, your breach of these Terms, or your violation of law, you agree to cover the losses and reasonable legal costs Duably incurs from that claim. This is deliberately narrow: it covers what you control, and it does not apply to the extent a claim is caused by Duably's own acts.
Agreement to Arbitrate; Class Action Waiver
Please read this section carefully. It affects how disputes between you and Duably are resolved.
Talk to us first. Before starting any formal proceeding, you agree to email support@duably.com describing the dispute and give us 30 days to try to resolve it with you informally. Most problems get solved here.
Arbitration. If we cannot resolve it informally, you and Duably agree that any dispute arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will be held in Davis County, Utah, or remotely by video at your choice. Duably will pay the administrative and arbitrator fees beyond the filing fee the AAA rules require you to pay, unless the arbitrator finds your claim was frivolous.
Small claims carve-out. Either of us may instead bring an individual claim in small claims court in Davis County, Utah, or, if you qualify, the small claims court where you live.
Class action waiver. You and Duably each agree that disputes will be brought only on an individual basis, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class proceeding. You and Duably each also waive the right to a jury trial.
Your right to opt out. You can reject this arbitration agreement, and it will not apply to you, by emailing support@duably.com with the subject "Arbitration Opt-Out" from the email address on your account within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
If any part of this section is found unenforceable, the rest of it still applies, except that if the class action waiver is found unenforceable as to a particular claim, that claim must proceed in court rather than in arbitration. This section survives the closing of your account.
Governing Law and Venue
These Terms are governed by the laws of the State of Utah, without regard to its conflict of laws rules. Any dispute that is not subject to arbitration under Section 20 will be resolved in the state or federal courts serving Davis County, Utah, unless applicable law requires otherwise.
General Terms
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and Duably about the Platform, and they replace any earlier discussions or representations.
- Severability. If a court or arbitrator finds part of these Terms unenforceable, the rest stays in effect. Section 20 carries its own severability rule for arbitration.
- No waiver. If Duably does not enforce a part of these Terms on one occasion, that is not a waiver; we can still enforce it later.
- Assignment. You may not transfer your account or these Terms to anyone else. Duably may assign these Terms in connection with a merger, acquisition, or sale of assets; they then bind and benefit the successor.
Contact
Duably, LLC
Support: support@duably.com
Mailing address: [MAILING ADDRESS, published before launch]