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Service Provider Agreement

1. Introduction

This Service Provider Agreement (“Agreement”) is entered into between BluFix Technologies, Inc., an Arizona corporation doing business as BluFix.ai (“BluFix,” “we,” “us,” or “our”), and the individual or business entity registering as a service provider on the BluFix platform (“Provider,” “you,” or “your”). This Agreement governs your participation in the BluFix marketplace as an independent provider of HVAC, plumbing, electrical, cleaning, or related home services (“Services”).

By registering as a Provider, completing onboarding, or accepting a Booking through the App, you agree to be bound by this Agreement, in addition to our Terms and Conditions, Privacy Policy, EULA, and Community Guidelines, each incorporated herein by reference. If you are registering on behalf of a business entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

2. Definitions

App means the BluFix.ai mobile and web application through which Bookings, payments, messaging, and related features are provided.

Booking means a confirmed engagement between a Customer and a Provider for Services, arranged through the App.

Customer means an individual or business that requests Services through the App.

Commission means the percentage or flat fee retained by BluFix from amounts paid by a Customer for a completed Booking, as disclosed in the App or the applicable fee schedule.

Subscription Fee means any recurring fee charged to a Provider for access to a subscription tier of the Platform, as described in Section 6.

Service Area means the geographic area(s) within which a Provider elects to receive Booking opportunities.

Payout means the net amount transferred to a Provider following completion of a Booking, after deduction of applicable Commission, fees, and any adjustments.

Platform means collectively, the App, the BluFix website, and associated back-end infrastructure operated by BluFix.

3. Independent Contractor Relationship

  No Employment Relationship

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER, OR PARTNER OF BLUFIX. Nothing in this Agreement shall be construed to create an employment, agency, partnership, or joint-venture relationship between you and BluFix. You are not entitled to any employee benefits that BluFix may make available to its employees, including but not limited to health insurance, retirement benefits, paid time off, or workers’ compensation coverage provided by BluFix.

  Control Over Work

You retain the right to control the manner, means, and methods by which you perform Services, subject to your obligations to Customers, applicable law, and the quality and safety standards described in this Agreement. You determine your own hours of availability, which Bookings to accept or decline, and the tools, equipment, and staff (if any) you use to perform Services, subject to applicable licensing requirements.

  Taxes

You are solely responsible for determining and paying all applicable federal, state, and local taxes arising from amounts you earn through the Platform, including self-employment taxes. BluFix will issue applicable tax reporting forms (e.g., IRS Form 1099-NEC or 1099-K, as applicable) to the extent required by law based on payment volume and payment processor thresholds. You are responsible for providing accurate taxpayer information, including a valid Form W-9 or equivalent, upon request.

  No Exclusivity

This Agreement is non-exclusive. You may perform services for other platforms, companies, or customers, and BluFix may engage other Providers, including in your Service Area and trade, at BluFix’s discretion.

 

4. Eligibility and Onboarding

 Eligibility Requirements

To become and remain a Provider, you must:

  • be at least 18 years of age and have the legal capacity to enter contracts;
  • hold all licenses, permits, and certifications required by applicable federal, state, and local law for the trade(s) you offer (e.g., HVAC, plumbing, electrical licensure where required);
  • maintain general liability insurance, and any additional insurance required by applicable law or by BluFix, in amounts BluFix may specify from time to time;
  • pass any background check, identity verification, or license verification required by BluFix as part of onboarding or periodic re-verification;
  • provide accurate business, licensing, insurance, and banking information, and promptly update such information if it changes.

  Verification

BluFix may use third-party identity- and license-verification providers to confirm your eligibility. You authorize BluFix and its verification partners to verify your identity, licensure, insurance, and background as a condition of activation and continued participation on the Platform. BluFix may suspend your account pending verification or re-verification at any time.

 Ongoing Compliance

You must promptly notify BluFix if any license, certification, or insurance policy required for your trade lapses, is suspended, or is revoked. Failure to maintain required credentials is grounds for immediate suspension or termination under Section 14.

5. Bookings and Service Performance

  Accepting Bookings

You may accept or decline Booking opportunities presented through the App at your discretion, subject to the performance standards in Section 8. Once accepted, a Booking constitutes a binding commitment between you and the Customer to perform the Services described, at the agreed price and time.

  Performance Standards

You agree to:

  • arrive at the scheduled location within the confirmed appointment window, or provide timely notice of delay through the App;
  • perform Services in a professional, workmanlike manner consistent with applicable trade standards and codes;
  • use appropriately licensed personnel and properly maintained equipment;
  • provide Customers with clear estimates before performing chargeable work beyond an agreed diagnostic scope;
  • comply with all applicable building codes, permitting requirements, and safety regulations;
  • maintain accurate records of work performed, including before/after photos where appropriate.

  Subcontracting

You may not subcontract or assign a Booking to another individual or business without disclosing that arrangement through the App and ensuring the substitute personnel meet the eligibility requirements of Section 4, unless the App provides an explicit team/crew feature permitting otherwise.

 AI-Assisted Diagnostics

The App may present Customers with AI-generated preliminary diagnostic information prior to a Booking. You acknowledge that such AI output is informational only, may be incomplete or inaccurate, and does not relieve you of your independent professional obligation to assess the issue on-site and exercise your own professional judgment.

6. Fees, Commissions, and Subscriptions

  Commission Structure

BluFix charges a Commission on completed Bookings, calculated as a percentage of the total Customer payment (excluding applicable taxes), as disclosed in the App or the then-current fee schedule available in your Provider dashboard. BluFix may offer different Commission rates based on your subscription tier, service category, or promotional programs.

 Subscription Tiers

BluFix may offer optional Provider subscription tiers that provide benefits such as reduced Commission rates, increased visibility in Customer matching, access to additional Service Areas, or advanced analytics. Subscription Fees, billing frequency, and included benefits are disclosed in the App at the time of enrollment. Subscriptions renew automatically at the then-current rate unless cancelled prior to the renewal date through the App or your account settings.

  Fee Changes

BluFix may modify Commission rates, Subscription Fees, or other charges from time to time. We will provide at least thirty (30) days’ notice of any material fee increase through the App or by email. Continued use of the Platform after the effective date of a fee change constitutes acceptance of the new fees.

  Promotions and Discounts

BluFix may, at its discretion, offer promotional pricing, discounts, or credits to Customers that reduce the amount a Customer pays for a Booking. Unless otherwise disclosed, your Payout for such Bookings will be calculated based on the full undiscounted Service price, with BluFix absorbing the cost of the promotion, except where the applicable promotion terms state otherwise.

7. Payments and Payouts

 Payment Processing

Customer payments are collected through our third-party payment processors, including Stripe and Flutterwave, and, where applicable, Apple Pay and Google Pay. You must maintain a valid, verified payout account (e.g., bank account or supported payout method) through our payment processor to receive Payouts.

 Payout Schedule

Payouts are generally issued within two (2) to seven (7) business days following confirmed completion of a Booking, subject to (a) any Customer dispute or refund request under our Refund & Cancellation Policy, (b) fraud or risk review, and (c) processing timelines of our payment processors, which are outside BluFix’s control.

  Adjustments and Holds

BluFix may withhold, delay, or reverse a Payout where: (a) a Customer dispute, chargeback, or refund request is pending; (b) BluFix reasonably suspects fraud, abuse, or a violation of this Agreement; (c) required by law or a valid legal process; or (d) necessary to correct a billing or Payout error.

  Pricing Transparency

You agree to honor the pricing and estimates communicated to Customers through the App and not to demand payment outside the Platform for work within the scope of a Booking, except for legitimately disclosed change orders for additional work agreed to by the Customer.

8. Performance Standards and Quality

 Ratings and Metrics

BluFix tracks performance metrics, including but not limited to: completion rate, cancellation rate, on-time arrival rate, Customer ratings, and dispute frequency. These metrics may affect your visibility in Customer matching, eligibility for subscription tiers or promotions, and continued access to the Platform.

 Minimum Standards

BluFix may establish and update minimum performance thresholds (e.g., a minimum average rating or maximum cancellation rate) necessary to remain an active Provider. BluFix will provide notice and, where reasonable, an opportunity to improve before suspending an account for failure to meet minimum standards, except in cases involving safety, fraud, or repeated serious violations.

 Customer Disputes

You agree to cooperate in good faith with BluFix’s dispute-resolution process described in our Refund & Cancellation Policy, including responding promptly to Customer complaints routed through the App.

9. Insurance and Licensing Representations

You represent and warrant, on a continuing basis throughout the term of this Agreement, that:

  1. you hold all licenses and permits legally required to perform the Services you offer in each jurisdiction in which you operate;
  2. you maintain general liability insurance, and any trade-specific insurance (e.g., errors and omissions, workers’ compensation for any employees) required by applicable law;
  3. you will provide BluFix with proof of licensure and insurance upon request and will promptly notify BluFix of any lapse, cancellation, or material change;
  4. all information you provide during onboarding and thereafter is true, accurate, and complete.

BluFix may, but is not obligated to, periodically verify these representations. Verification or lack thereof by BluFix does not relieve you of your independent obligation to maintain compliance.

10. Intellectual Property

  BluFix IP

All rights, title, and interest in and to the Platform, including all software, trademarks, logos, and content provided by BluFix, are and shall remain the exclusive property of BluFix. This Agreement grants you no rights to use BluFix’s trademarks or branding except as expressly authorized in writing (e.g., approved “BluFix Verified Provider” badges, where offered).

  Provider Content

You retain ownership of photos, videos, business materials, and other content you submit through the App (“Provider Content”). You grant BluFix a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, and display Provider Content in connection with operating and promoting the Platform, including in Customer-facing profiles and marketing materials, unless you opt out of promotional use through your account settings where such a control is offered.

11. Data Protection and Privacy

You agree to handle any Customer personal information you access through the Platform (e.g., name, address, contact information, photos of the service location) solely for the purpose of performing the applicable Booking, and in compliance with applicable data protection laws. You may not use Customer information for marketing, resale, or any purpose unrelated to the Booking without the Customer’s express consent. Your own personal and business information is handled by BluFix in accordance with our Privacy Policy.

12. Confidentiality

Each party agrees to maintain the confidentiality of the other party’s non-public business information disclosed in connection with this Agreement, including pricing algorithms, Customer lists, and proprietary technology, and to use such information solely to perform obligations under this Agreement. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, or that is required to be disclosed by law.

13. Insurance; Limitation of Liability; Indemnification

  Provider Liability

You are solely responsible for the quality, safety, and legality of the Services you perform, and for any damage, injury, or loss arising from your performance of Services, including work performed by any personnel you engage.

  BluFix Disclaimer

BLUFIX DOES NOT PERFORM, SUPERVISE, OR GUARANTEE ANY SERVICES AND IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY PROVIDER. THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUFIX’S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID BY YOU TO BLUFIX IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL BLUFIX BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

 Indemnification by Provider

You agree to defend, indemnify, and hold harmless BluFix, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your performance or non-performance of Services; (b) your breach of this Agreement; (c) your violation of any applicable law, license, or permit requirement; (d) injury to persons or property arising from your work; or (e) any misrepresentation you make regarding your licensure, insurance, or qualifications.

 

14. Suspension and Termination

  Termination by Provider

You may deactivate your Provider account at any time through the App or by written notice to BluFix, subject to completing any Bookings already confirmed at the time of deactivation, unless BluFix agrees to reassign them.

  Termination or Suspension by BluFix

BluFix may suspend or terminate your access to the Platform, immediately and without prior notice, if: (a) you fail to maintain required licensure or insurance; (b) you violate this Agreement, the Terms and Conditions, or the Community Guidelines; (c) BluFix reasonably suspects fraud, safety violations, or harm to Customers; (d) you receive a pattern of serious Customer complaints; or (e) required by law or a payment processor’s risk policies. For less severe or curable issues, BluFix will generally provide notice and an opportunity to cure, at BluFix’s discretion.

 Effect of Termination

Upon termination, your right to accept new Bookings ends immediately. You remain obligated to complete or properly transition any active Bookings, and BluFix will process any outstanding Payouts owed for completed Services, less any applicable Commission, fees, or adjustments, and subject to any holds described in Section 7.3.

15. Term

This Agreement commences upon your acceptance during onboarding and continues until terminated by either party as provided in Section 14. Sections 3, 7.3, 9 through 13, 15, and 16 through 20 survive termination.

16. Modifications to this Agreement

BluFix may amend this Agreement from time to time. We will provide notice of material changes through the App or by email at least fourteen (14) days before the changes take effect, except where changes are required immediately by law or for security reasons. Your continued use of the Platform, or acceptance of a new Booking, after the effective date of an amendment constitutes your acceptance of the amended Agreement. If you do not agree to an amendment, your sole remedy is to stop using the Platform and deactivate your account before the amendment takes effect.

17. Dispute Resolution

  Informal Resolution

Before initiating formal proceedings, you agree to contact BluFix at support@blufix.ai to attempt in good faith to resolve any dispute arising out of or relating to this Agreement.

  Governing Law

This Agreement is governed by the laws of the State of Arizona, without regard to its conflict of laws principles.

  Venue

Any dispute not resolved informally shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party consents to the personal jurisdiction and venue of such courts, except where applicable law requires otherwise or where the parties mutually agree in writing to submit a dispute to binding arbitration.

18. Insurance Certificate and Documentation Requests

You agree to provide BluFix, upon reasonable request, with current copies of your business license, trade license(s), and certificates of insurance. BluFix may make such documentation, or a verification status derived from it, visible to Customers to promote trust and transparency on the Platform.

19. General Provisions

  Entire Agreement

This Agreement, together with the Terms and Conditions, Privacy Policy, EULA, Community Guidelines, and Refund & Cancellation Policy, constitutes the entire agreement between you and BluFix regarding your participation as a Provider, and supersedes any prior agreements or understandings on that subject.

 Assignment

You may not assign this Agreement without BluFix’s prior written consent. BluFix may assign this Agreement in connection with a merger, acquisition, or sale of assets without your consent.

  Severability

If any provision of this Agreement is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

 No Waiver

BluFix’s failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

  Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, labor disputes, or failures of third-party infrastructure.

20. Contact Information