Terms of Use

Effective Date: September 6, 2017

Thank you for your interest. GoSmith, Inc. ("Smith" or "we") provides consumers ("Consumers") with an online platform to solicit quotes for trades and services from service professionals ("Service Providers"). We provide services and features for Consumers, Service Providers and other users (collectively, “Users”) through www.gosmith.com and other websites and mobile applications owned or operated by Smith (each, a “Smith Property”) and via telephone, texts, email and other methods of communication (such services, features and the Smith Properties, collectively, the “Services”). Smith provides the Services to Users subject to the following terms and conditions (these “Terms”), including our Privacy Policy.

By using the Services, you agree to these Terms. These Terms require any dispute or claim between you and Smith to be resolved through binding arbitration, on an individual basis and not in a class, consolidated or representative action or arbitration. These Terms also contain a disclaimer of warranties and a disclaimer of liability by Smith and a release and indemnification by you. Please read them carefully.


These Terms constitute a legally binding contract between Smith and you with respect to your use of the Services. By using or accessing the Services, including any Smith Property, you agree to be bound by these Terms. If you do not agree to the Terms, please do not use the Services. References to Smith in this Terms include Smith’s service providers, to the extent that those service providers are acting for or on behalf of Smith.

Privacy Policy

Our Privacy Policy also governs your use of the Services and is part of these Terms. Please review it to understand our practices.

Additional Terms

Certain features of the Smith Properties or certain programs made available to you through the Services may be subject to additional terms or registration requirements. If you choose to use those features or participate in those programs, you agree to be bound by any such additional terms or requirements that are communicated to you, which will be deemed to be incorporated into and be part of these Terms.

Modifications to Terms

We may modify these Terms at any time, effective immediately, by posting a revised version. Your continued use of the Services after any such changes are made will constitute your agreement to those changes. You waive any right you may have to receive specific notice of such changes.

Consent to Terms

Use of the Services is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, use of the Services is not permitted by anyone under the age of 18 (or the age of majority in your jurisdiction, if different). If you do not qualify, please do not use the Website. If you are acting on behalf of a company or other legal entity, you represent that you are authorized to bind that entity to these Terms, and references to "you" and "your" in these Terms will refer to both you and that entity. The Services are offered for use only to Users in the United States.


Service Requests and Quotes

Upon registration with Smith, a Consumer may submit a request to receive quotes for professional services (a "Service Request") from Service Providers. After submission of a Service Request, Smith will inform Service Providers that have profiles that match the services requested by Consumer. One or more Service Providers may submit a non-binding quote or estimate (a ͞Quote͟) in response to a Service Request. The Service Provider(s) and the Consumer may then communicate through the Smith Properties about the Quote; for example, if either party would like more information or if the Service Provider would like to schedule an onsite visit in order to provide a more accurate estimate or a final quote. If the Consumer accepts the Quote through the Services and indicates that he or she would like to be connected with Service Providers, then Smith will provide the Consumer’s contact information to the Service Providers and the Consumer and each Service Provider can then communicate directly about the project. The terms of the project, including the price and schedule of work, is negotiated directly between the Consumer and the Service Provider. Any Quote provided through Smith is only a guide, is not a contractually binding offer, and is not a guarantee of the actual cost of a specific project. The rights of the Service Provider and the Consumer will be governed by the contract between them (if any) and by applicable federal, state and local laws.


If you use the Service, you consent to the following:

  • If you submit a Service Request, you are requesting to be (and you expressly consent to be) contacted by Smith and the Service Provider(s) whose Quote you accept .

  • If you are a Service Provider using the Services, you are requesting to be (and you expressly consent to be) contacted by Smith.

  • You agree that you may be contacted by telephone, text (SMS) messaging, email, mail or other reasonable means at any of the phone numbers or addresses you provide, even if the numbers are listed on a "do not call" list. You agree that these communications may include prerecorded, artificially voiced or autodialed telemarketing messages.

  • You agree that these parties may contact you for purposes of providing the Services, marketing, servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services. Your consent to receive marketing communications is not required as a condition of purchasing any goods or services.

  • Communications between Users or between Users and Smith may be monitored and recorded for quality assurance and other reasons.

Additional Terms for Service Providers

Lead Purchases. If you are a Service Provider and a Consumer accepts your Quote through the Services, indicating that he or she would like to discuss their Service Request with you, then Smith will provide you with the Consumer’s contact information in exchange for a connection fee. To purchase a particular lead, you must have a sufficient credit balance in your Smith account. You can buy additional credits by credit card or Paypal. The cost for a lead varies depending on service type, expected project cost, demand and other factors, and may be adjusted from time to time by Smith in its sole discretion.

Returns. Credits may be refunded to a Service Provider only if: (i) the lead Information includes a non-working or invalid phone number or email address; (ii) the lead contact information includes an obviously fraudulent first and/or last name (e.g., Mickey Mouse); (iii) the lead contact person indicates, either verbally or in writing, that they never inquired about the service and did not request to be contacted, and you do not thereafter provide services; (iv) the lead contact person indicates that no one with the given name lives at the indicated address or is authorized to make decisions regarding the property; (v) the lead contact person is a solicitor seeking to sell goods or services; or (vi) you placed a call to the lead contact person the same day as you received the lead information (if received before 4pm), you made a total of three connection attempts, and the lead did not turn into a connection with the homeowner (Smith does verification of this with the homeowner and Service Provider). A lead meeting any of the criteria described in clauses (i) through (vi) is referred to in these terms as a "Refundable Lead". You must submit a credit refund request (a "Credit Refund Request") to Smith within 7 days after delivery of a Refundable Lead, through your Service Provider account. Any Refundable Lead that is not timely reported to Smith in a Credit Refund Request submitted within 7 days after delivery will be deemed to be accepted and no longer refundable.

Billing Issues. You agree to notify Smith of any billing discrepancies or issues within 20 days after they first appear, and if you do not, you agree that you have waived the right to dispute such billing discrepancies or issues.

Payment for Completed Work. If you do the work for the Consumer, he or she is responsible for paying you directly. If you offer a coupon in your professional profile, you must honor the discount specified in the coupon.

Qualifications; Complaints; Compliance with Law. You agree to solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete that work, and to complete that work with the degree of skill and care that is required by current good and sound professional procedures and practices in accordance with applicable industry standards. You also agree that you have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding required by all applicable authorities for any work you solicit, accept or perform. If you have a professional profile posted on the Smith Properties, you agree to immediately notify us if a Consumer notifies you that they have a complaint against you; if you receive notice of any complaint, investigation, fine or adverse action by a governmental authority with respect to your business; or if you are notified of any termination, suspension, or lapse of any professional license, insurance or bonding applicable to your business. You agree to comply with all applicable local, state and federal laws applicable to the operation of your business. You, and not Smith, are responsible for collecting, withholding, remitting and reporting all applicable sales, income and other taxes in connection with your business.

Information Regarding Consumers. You may not rent, sell or otherwise provide to any person or entity (other than Smith) the information about a Consumer that you receive through the Services, except with the Consumer’s consent or except as specifically required to provide the agreed-upon services to the Consumer. You may not use this information in any manner that would violate these Terms or for any purpose not intended by Smith.

Confidentiality. You agree not to disclose to any third party any confidential information of Smith that you receive from Smith. Confidential information includes information concerning Smith’s fees, product or marketing plans, or any other information that is not generally known to the public. Your confidentiality obligation will continue until that information is no longer confidential.

Independent Contractor. You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employment relationship with Smith is intended or created by these Terms or any relationship between you and Smith. Neither Smith nor you has any power or authority to make any commitment on behalf of the other. You are solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.

Suspension or Termination of Account. Smith reserves the right to suspend or terminate your ability to receive Service Requests, purchase leads or otherwise use the Services, including but not limited to as a result of default in payment obligations, at any time.

No Smith Liability for Users; No Guarantee

Smith acts only as a marketplace between Consumers and Service Providers, and is not liable for any statement, act or failure to act of any User. By way of example and not limitation, we are not liable for any injury to any person or any damages to real or personal property caused by any Service Provider or any Consumer. Service Providers are not Smith’s employees, contractors or agents, and we are not the agent of any Service Provider. We do not sponsor, endorse, recommend or approve any Service Provider. Although we try to confirm that Service Providers meet certain requirements and provide them with the opportunity to provide information regarding their businesses in their profiles, we are not responsible for verifying that information or for ensuring that any Service Provider is licensed, qualified, bonded or insured. We do not guarantee that any services will be satisfactorily performed or completed and we do not make any other guarantee, warranty or representation of any kind regarding any Service Provider or any services, advice or information provided by Service Provider. In addition, although we use our best efforts to find interested Service Providers for each Service Request, we do not guarantee that a Consumer will receive Quotes or other communications from any Service Provider or that any Service Provider is capable of and willing to perform the services. Similarly, Smith does not guarantee the results of any Services provided to Service Providers, including the number or quality of potential Consumers with whom a Service Provider will have contact, or whether Consumers will actually contract with the Service Provider for a project. Smith makes in its sole discretion which notifications of Service Requests to provide to Service Providers, the recipients and timing of those notifications and all other determinations regarding the Services. Smith expressly disclaims any liability for (i) any action or inaction of any Consumer, Service Provider or other User or any third party, and (ii) any claim, demand, dispute or damage that may arise between Consumers, Service Providers, other Users or any third party.

Smith Customer Care Representatives

Smith may provide Users with assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not be abusive, profane, sexist, racist or threatening or otherwise behave offensively or inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time inappropriate, we may immediately terminate the communication and we may suspend and/or terminate your account.

Currency; No Interest

All fees and charges within the Services are denominated in U.S. dollars unless otherwise specified. You acknowledge and agree that funds in your account within the Services will accrue no interest and you are entitled to no interest earned or otherwise resulting from balances in any accounts within the Services.

Modification of Services

We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services.


Account Information

If you are a Consumer, you will be asked to disclose certain information about yourself and your service requirements when you open or confirm your account and when you make a Service Request. For example, when you submit a Service Request, you will be required to provide your full name, contact phone number, email address and, if requested, the physical address of the project location. You agree that the information you provide us will be accurate and complete and that you will keep it up-to-date, complete and correct. If you are a Service Provider, you will be asked to open an account and to complete a professional profile that will be presented to Users. You agree to promptly provide us with such information as we may reasonably request. For example, we may ask you to provide information to be used by Smith (or its service providers) to perform background checks or credit checks, or to confirm status if we have connected you with a Consumer. You agree that the information you provide us will be accurate and complete and that you will keep it up-to-date, complete and correct. For complete details on our use of your information, please see our Privacy Policy.

Security of Account

You are responsible for maintaining the confidentiality of your account password. You agree not to disclose your password to anyone and to notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them. You agree to notify us immediately of any unauthorized use of your account.

User Content

Through their use of the Services, Users may create an account and, if applicable, a Service Provider profile; post or submit ratings, reviews, opinions, comments, suggestions, ideas, questions, photos, images and other information and content; and send messages, emails and e-cards and otherwise communicate with Smith and other Users. All information and other content submitted, posted or communicated by Users on or through the Smith Properties or Smith systems in connection with the Services is referred to collectively as "User Content."

You may not post or submit any User Content (“Prohibited Content”) that:

By posting or submitting any User Content, you represent and warrant that the User Content is not Prohibited Content and that the User Content is accurate, current and truthful to the best of your knowledge. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public. We do not approve, control or endorse your or anyone else's User Content and have no obligation to do so. However, we reserve the right (but not the obligation) to review, refuse, remove, change or edit any User Content at any time, in our sole discretion.

License to User Content

By posting or submitting User Content, you grant, and you represent and warrant that you have the right to grant, to Smith and its affiliates and licensees, a non-exclusive, royalty-free, fully paid, sub-licensable, transferable, irrevocable and perpetual license to use, copy, publicly perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute, to prepare derivative works of or incorporate into other works, and exploit all copyrights, inventions, and other intellectual property rights in, that User Content throughout the world in any media. You grant Smith and sublicensees the right to use the name that you submit in connection with that User Content, if they choose. We will not pay you or otherwise compensate you for User Content. In the event that you provide Smith with any feedback or suggestions regarding the Services or any Smith Property (“Feedback”), Smith will have the right to use, disclose, reproduce, modify, license, distribute transfer and otherwise utilize the Feedback in any manner we deem appropriate, without compensation to you.

Third-Party Content

The Smith Properties may contain links to or information from other websites or resources (for example, links to or from a customer ratings website). Such links and information are provided for your reference only. Smith has no control over those websites, resources and information and is not responsible for the content of or availability of those websites, resources or information. Reference to any third-party products, services or other information on the Smith Properties, or inclusion of links to a third-party website, does not imply any endorsement or recommendation by us or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor.

Liability for Content

The User submitting User Content is solely responsible for that User Content. Smith does not guarantee the accuracy, completeness, usefulness or reliability of any User Content and does not adopt, endorse or accept responsibility for any User Content. Smith takes no responsibility and assumes no liability for any User Content or any content of any third party and will not be responsible for any loss or damage resulting from your reliance on that content. Smith does not guarantee the accuracy, completeness, or usefulness of any User Content or other information on the Smith Properties or otherwise in the Services. Users are responsible for confirming the completeness and accuracy of any User Content or any information on the Smith Properties or otherwise in the Services and Smith is not responsible for any use thereof or reliance thereon. When we are notified or otherwise become aware of any inaccuracy of any information, we will use commercially reasonable efforts to promptly update that incorrect information.


Grant of Limited License

Subject to your compliance with these Terms, we grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only. If you are a Service Provider, we also grant you, subject to your compliance with these Terms, as a Service Provider acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing information and services to Consumers as contemplated by the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.

Prohibited Activities

You agree will not do (or cause to be done) any of the following:

Export Control

Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.


Canceling Your Account

You may cancel your Smith account at any time and for any reason. To cancel your account, please send a written notice of termination to GoSmith, Inc., 1250 Borregas Ave, Sunnyvale, CA 94089 or email notice of termination to hello@gosmith.com. If you cancel your account, your account will be disabled within 14 days .

Suspension of Termination of Your Account; No Right to Services

We reserve the right to refuse service to anyone. We may, in our sole discretion, suspend or terminate the account of any Consumer, Service Provider or other User at any time and for any reason, modify or terminate any license to the Services, in whole or in part, or block or prevent any User’s future access to and use of the Services, at any time and for any reason (including but not limited to those specifically described in these Terms) with or without notice. Smith is not required to provide you notice prior to terminating your account and is not required to provide a reason for the termination of your account. All decisions regarding the suspension or termination of accounts will be made in Smith’s sole discretion. You and Smith will continue to be bound by these Terms even after your account is terminated.

Blocking of IP Addresses

In order to protect the integrity of the Smith Properties, Smith reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Smith Properties.


Proprietary Rights. The Smith Properties contains the copyrighted material, trademarks, service marks, logos and other proprietary information and content of Smith and third parties. Nothing on the Smith Properties or otherwise in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any information or content displayed on the Smith Properties, except as expressly provided in these Terms, without the prior written permission of the respective owner.

Smith Intellectual Property

The Services, including all information and other materials, and the selection, arrangement and composition of that information on the Smith Properties and otherwise, are proprietary property of Smith, its suppliers, and licensors and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services.

Third-Party Intellectual Property

All non-Smith trademarks, product names and logos appearing on our Services are property of their respective owners.

Copyright Infringement

If you believe that your work has been reproduced in connection with the Services in a way that constitutes copyright infringement, you may send written notice to Smith pursuant to the Digital Millennium Copyright Act ("DMCA") at the address below. Your notice must include the following information:

Notification pursuant to the DMCA should be submitted to: GoSmith, Inc., Attention: Legal Department, 1250 Borregas Ave, Sunnyvale, CA 94089.

Copyright Infringement

If you believe that your work has been reproduced in connection with the Services in a way that constitutes copyright infringement, you may send written notice to Smith pursuant to the Digital Millennium Copyright Act ("DMCA") at the address below. Your notice must include the following information:

Notification pursuant to the DMCA should be submitted to: GoSmith, Inc., Attention: Legal Department, 1250 Borregas Ave, Sunnyvale, CA 94089.



Your use of the Services is at your own risk. You release Smith, its affiliates and their respective officers, directors, employees, contractors, shareholders, agents, licensors, licensees, suppliers and other business partners (collectively, the “Smith Parties”) from any loss, liability, obligation, damages (actual, special or consequential) or costs (including but not limited to attorney's fees) (collectively, “Losses”) and any claim, dispute, demand, suit or proceeding (any of these, a “Claim”) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of or access to the Services or your interactions or transactions with Consumers, Service Providers, other Users or third parties. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the Civil Code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.


You agree to indemnify, defend and hold harmless the Smith Parties from any Losses or Claims based on, resulting from or arising out of your use of or access to the Services, your interactions or transactions with Consumers, Service Providers, other Users or third parties, or any breach by you of these Terms. Smith reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Smith in asserting any available defenses.


No Warranties

The Smith Properties and the Services are delivered on an "as-is" and "as-available" basis, without representations or warranties of any kind. To the fullest extent permitted by law, Smith disclaims all warranties, express or implied, with respect to the Services, including without limitation any warranties of merchantability, fitness for a particular purpose, accuracy, availability and non-infringement and any warranties arising by usage of trade, course of dealing, and course of performance. Without limiting the generality of the foregoing, Smith does not warrant that your use of or access to the Services will be error-free, secure or uninterrupted, or provide specific results.

Limitation of Liability

In no event will the Smith Parties be liable to you or any third party for cost of cover or any direct, indirect, punitive, incidental, special or consequential damages (including, without limitation, with respect to loss of data or loss of business) based on, arising out of or connected with your use of or access to the Services or your interactions or transactions with Consumers, Service Providers, other Users or third parties, whether based on warranty, contract, tort, negligence, strict liability or otherwise, even if Smith was advised of the possibility of any such damages and even if such damages are reasonably foreseeable. In no event will the collective liability of the Smith Parties arising out of or connected with these Terms, the Services, or your interactions or transactions with Consumers, Service Providers, other Users or third parties exceed the lesser of (a) the amount you paid to Smith for use of the applicable Services in the preceding twelve-month period or (b) if you have not had any payment obligations to Smith, ten dollars. This limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction. To the extent your state does not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to you.


Binding Arbitration

You agree that any dispute or claim arising out of or relating in any way to these Terms, your access to or use of the Services or any relationship between you and any Smith Party, including but not limited to the validity, applicability or interpretation of these Terms (any of these, a “Dispute”), will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration will be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in San Mateo, California or the city within the United States in which you reside. The decision of the arbitrator will be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

Class Action Waiver

Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your continued access to or use of the Services signifies your explicit consent to this waiver.

If for any reason a Dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that the Dispute will be brought only in courts of competent jurisdiction located in San Mateo, California. You hereby submit to the personal jurisdiction and venue of such courts for any such Dispute and waive any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any such proceeding.

Notwithstanding anything to the contrary, you and Smith may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.

Time Limit on Disputes

Any Dispute must be brought within one (1) year from the date the cause of action arose. Disputes brought after that period will be VOID.

Governing Law

These Terms and any Dispute will be governed by the laws of the United States and the State of Delaware, without reference to its conflict of law provisions. Without limiting the jurisdiction of any other court, you irrevocably agree to the personal jurisdiction of the courts located within San Mateo County, California for the purpose of entering judgments on arbitral awards. The rights and obligations of a Consumer and a Service Provider with respect to any agreement or other interaction between them will be governed by the terms of that agreement and by applicable federal, state, and local laws.

Attorney Fees

If Smith takes legal action against you as a result of your violation of these Terms, Smith will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of that action, in addition to any other relief granted to Smith.


Entire Agreement

These Terms (which, as noted above, include the Privacy Policy) constitute the entire agreement between you and Smith concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Smith with respect to the Services.


If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms will remain in full force and effect.


These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Smith's prior written consent, but may be assigned by Smith without restriction and without notice to you. Any attempted assignment in violation of the foregoing provision will be void. These Terms are binding on the parties and their successors and permitted assigns.


No waiver of any provision of these Terms will be deemed a further or continuing waiver of that term or any other term, and Smith's failure to assert any right or provision under these Terms will not constitute a waiver of that right or provision.

Third Party Beneficiaries

These Terms do not create any right of action on the part of any third party, except for the Smith Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.

Contact Us

If you have questions about these Terms, please contact us by email at hello@gosmith.com or in writing at GoSmith, Inc., 1250 Borregas Ave, Sunnyvale, CA 94089.