OneTap Maintenance Corporation
Terms Of Service
Effective April 13, 2026 | United States Only
ARBITRATION NOTICE: These Terms include a binding arbitration agreement and class action waiver that affect your legal rights. Please review Section 24 carefully.
These (the "" or "Terms") constitute a legally binding agreement between you, as a user of the Platform ("User," "you," or "your"), and OneTap Maintenance Corporation, together with its affiliates ("OneTap," "OneTap Maintenance Corporation," "we," "us," or "our"), governing your access to and use of OneTap's websites, mobile applications, and related services, including all content, functionality, communications, and technology provided therein (collectively, the "Platform"). These apply exclusively to Users located in the United States. The Platform is available only within the United States.
BY ACCESSING OR USING THE PLATFORM, OR BY OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE AGREEMENT, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THE AGREEMENT, YOU MUST NOT ACCESS OR USE THE PLATFORM.
Agreement Scope
These Terms, together with the and all additional policies, supplemental terms, guidelines, and service-specific conditions referenced herein or made available through the Platform (collectively, the "Agreement"), govern your access to and use of the Platform. The Agreement includes all policies incorporated by reference, including without limitation any service-specific terms applicable to particular maintenance, repair, or property service offerings facilitated through the Platform.
Section Applicability Guide
Certain provisions apply to specific User types. This guide is provided for convenience only and does not limit the applicability of any provision. All Users are responsible for reviewing and complying with the entirety of the Agreement.
All Users (Clients and Service Providers): Sections 1, 2.A–2.B, 5, 6, 7, 8, 9, 10–14, 15–24.
Clients: Sections 2.D, 3, 4, and applicable provisions of the , , and OneTap .
Service Providers: Sections 2.C, 2.D, 2.E, and applicable provisions of the , , Skills, Tools and Scope Policy, and .
1. The Platform
1.A Online Marketplace
The Platform is a web- and application-based, two-sided marketplace that facilitates connections between Clients — individuals and/or businesses seeking property maintenance, repair, or related services ("Services" or "Jobs") — and Service Providers — independent individuals or business entities offering such Services. Clients and Service Providers are collectively referred to as "Users." Service Providers are also referred to on the Platform as "Technicians," "OneTap Technicians," or "OneTap Qualified Technicians." Any reference in the Agreement to "Service Provider," "Technician," "OneTap Technician," or "OneTap Qualified Technician" shall have the same meaning. Any reference to "Client" or "Customer" shall have the same meaning.
Service Providers operate as independent businesses and provide Services under their own name or registered business identity, not under the name of OneTap Maintenance Corporation. Service Providers supply their own labor, tools, and equipment. All Services booked through the Platform are fixed-price services. The Client pays the total TrueRate Estimate as a single, fixed-price payment. Any line-item breakdowns, including estimated materials and labor, are internal estimates for informational purposes only and do not represent segregated or independently refundable allocations. In the event the Platform is unable to facilitate materials funding, the Service Provider shall be solely responsible for procuring all necessary materials.
The Platform incorporates the OneTap AI TrueRate Estimator (the "TrueRate Estimator"), a proprietary AI-powered pricing tool through which Clients submit service requests. The TrueRate Estimator generates a fair market price (the "TrueRate Estimate") based on market data, geographic location of the Services, historical Service Provider invoices and accepted estimates, and algorithmic and AI/LLM-based reasoning and analysis. Clients may accept or decline the TrueRate Estimate. If the Client accepts, the service request is transmitted to qualified Service Providers through the Platform's AI matching technology, which identifies appropriate Service Providers based on experience, qualifications, licenses, review ratings, and other characteristics as determined by OneTap Maintenance Corporation in its sole discretion.
AI-Generated Outputs Disclaimer
The TrueRate Estimator and the Platform's AI matching technology utilize third-party data sources, algorithmic methodologies, and artificial intelligence, including large language model (LLM) reasoning. Users acknowledge and agree that: (a) AI-generated outputs, including TrueRate Estimates and Service Provider matching recommendations, may be inaccurate, incomplete, or contain errors; (b) OneTap does not guarantee the accuracy, reliability, completeness, or timeliness of any AI-generated output; (c) AI-generated outputs do not constitute professional advice of any kind; (d) Users are solely responsible for reviewing, evaluating, and validating all AI-generated outputs before relying on them; (e) OneTap reserves full discretion to modify pricing, adjust TrueRate Estimates, or decline to facilitate any Service at any time; and (f) to the fullest extent permitted by applicable law, OneTap disclaims all liability arising from any User's reliance on AI-generated outputs.
Service Providers acknowledge that all pricing for Services facilitated through the Platform is generated through OneTap's proprietary pricing system. Service Providers do not independently establish pricing but retain full discretion to accept or decline any service request, maintain independent clientele outside the Platform, and offer services through other platforms or channels.
Service Providers are independent contractors of Clients, and Clients contract directly with Service Providers. Under no circumstances shall Service Providers be deemed employees, agents, or representatives of OneTap Maintenance Corporation.
Any designation on the Platform such as "verified," "preferred," "top provider," "background checked," "qualified," or similar terminology indicates only that certain onboarding steps, profile criteria, or internal metrics have been satisfied. Such designations: (i) are provided solely as informational tools to assist Clients in making independent decisions; and (ii) do not constitute an endorsement, certification, warranty, or guarantee by OneTap regarding any Service Provider's qualifications, licensing status, safety, reliability, or performance.
All Users must comply with the in their use of the Platform.
1.B OneTap's Role
The Platform is a technology service and not an employment agency, contractor, or service provider. OneTap does not perform Services and does not employ individuals to perform Services. Users acknowledge and agree that OneTap does not directly supervise, direct, control, or monitor the work of Service Providers, including with respect to work location, work hours, methods of performance, or the manner in which Services are carried out.
The Platform provides technology infrastructure enabling Clients and Service Providers to coordinate, communicate, and manage Services. OneTap does not directly supply tools, equipment, or materials to Service Providers. Materials funding is made available to Service Providers through a Virtual Bank Card, as further described in the . As part of how OneTap prices and delivers Services, OneTap may retain cost efficiencies or unused internal allocations associated with service fulfillment and apply them toward the OneTap Fund, as further described in the and the OneTap . Clients acknowledge that pricing is not adjusted based on actual material or labor costs incurred during service fulfillment.
OneTap Maintenance Corporation is not a bank, does not hold deposits, and does not offer banking or investment products directly. Certain financial products available through the Platform — including deposit accounts, Virtual Bank Cards, and payment processing — are provided by Core Bank, Member FDIC ("Sponsor Bank"), a federally regulated financial institution. The Virtual Bank Card is a debit card issued by Sponsor Bank; the card network and branding are determined by Sponsor Bank. Any account or card provided in connection with the Platform is established and maintained by Sponsor Bank, and the governing terms are set forth in a separate agreement between the User and Sponsor Bank (the "Customer Agreement"), available through the Platform. OneTap is not a party to any Customer Agreement and assumes no liability thereunder.
OneTap has no control over, and makes no representations regarding, the quality, timing, legality, completion, or suitability of any Services, or the conduct, integrity, qualifications, or communications of any User. OneTap shall not be responsible for, and shall have no liability arising from, any acts or omissions of Users, including any failure to perform Services or any disputes between Users. The formation of any agreement for Services between a Client and a Service Provider does not create any responsibility or liability for OneTap, nor does it create any employment, agency, partnership, or other relationship involving OneTap.
1.C Taxes and Regulatory Compliance
OneTap is not responsible for payroll taxes, withholding obligations, income or self-employment taxes, sales or use taxes, workers' compensation, unemployment insurance, disability insurance, or any other governmental or regulatory obligations applicable to Users. Service Providers are solely responsible for reporting and remitting all applicable taxes, maintaining proper worker classification, complying with all licensing, permitting, and regulatory requirements, and maintaining required insurance coverage. Each User assumes full responsibility for compliance with all applicable laws and regulations.
1.D License to Use the Platform
Subject to your compliance with the Agreement, OneTap grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform, including downloading and using any associated applications on your personal device, solely for the intended purpose of facilitating service requests and service provision through the Platform. Users may not copy, reproduce, distribute, modify, reverse engineer, or otherwise exploit any portion of the Platform without the prior written consent of OneTap. All rights not expressly granted are reserved by OneTap.
1.E User Representations and Warranties
By accessing or using the Platform, you represent and warrant that you: will comply with the Agreement and all applicable laws; are of legal age and have the capacity to enter into binding agreements; have the authority to act on behalf of any entity you represent; will provide accurate, current, and complete information; will act professionally and responsibly in all interactions; will respect the privacy, property, and rights of other Users; will not record or distribute any interaction without appropriate consent; will conduct all Service-related communications and transactions through the Platform unless otherwise authorized; and will not use the Platform for illegal, fraudulent, or prohibited activities.
1.F Additional Service Provider Representations
If you are a Service Provider, you further represent and warrant that you: operate as an independent business entity; are engaged in an independently established trade or business; have the legal right to perform Services in the applicable jurisdiction; maintain all required licenses, permits, and registrations; maintain all required insurance coverage at your own expense; possess the necessary skill, experience, and qualifications to perform Services; will perform Services safely, professionally, and in accordance with agreed terms; will respond to service requests in a timely manner and fulfill commitments made to Clients; and will promptly disclose to OneTap any material legal issues or criminal matters that may affect your ability to perform Services.
2. Use of the Platform
2.A Registration
To access certain features of the Platform, you must register for and maintain an active user account. When registering, you agree to provide accurate, current, and complete information — including your legal name, business name (if applicable), mailing address, email address, telephone number, and any other information requested by OneTap — and to promptly update such information as necessary to keep it accurate and current.
Failure to maintain accurate account information may result in account limitations, suspension, or termination. OneTap reserves the right, in its sole discretion, to refuse registration to any individual or entity or to suspend or terminate any account to protect the safety, security, or integrity of the Platform. Becoming a Service Provider requires submission of an application through the Platform's onboarding process. Acceptance as a Service Provider is not guaranteed. OneTap may accept or reject any applicant in its sole and absolute discretion for any reason and is under no obligation to disclose the basis for any such decision.
2.B Account Security
You are solely responsible for maintaining the confidentiality of your account credentials. You shall not share your password, login credentials, or account access with any other person or entity. You are solely responsible for all activities that occur under your account, whether or not authorized by you. You agree to notify OneTap immediately upon becoming aware of any unauthorized use of your account or suspected breach of security. OneTap shall not be liable for any loss or damage arising from your failure to safeguard your account credentials or from any unauthorized use of your account.
2.C Service Provider Onboarding
Background Checks
To the extent permitted by applicable law, Service Providers may be subject to a review process prior to registration and periodically thereafter, including identity verification, credential verification, and criminal background checks conducted by third-party service providers ("Background Checks"). By registering as a Service Provider, you agree to submit to Background Checks as required by OneTap.
OneTap does not store, retain, or have access to the underlying background check reports or criminal history records. OneTap retains only the qualification status (pass or fail) as provided by the third-party provider. OneTap does not independently verify and makes no representations regarding the accuracy, completeness, or reliability of any Background Check information.
Background checks do not guarantee that a Service Provider has a clean criminal record, nor do they guarantee the safety, reliability, or trustworthiness of any Service Provider. Clients are solely responsible for independently evaluating and vetting any Service Provider. To the fullest extent permitted by applicable law, OneTap shall not be liable for any damages, losses, injuries, or claims arising from: (a) the criminal history or conduct of any Service Provider; (b) errors or omissions in any background check; (c) any qualification or disqualification decision; or (d) any acts or omissions of a Service Provider that a background check failed to detect or predict.
Licensing and Qualifications
OneTap does not independently verify that Service Providers possess the licenses, permits, or certifications required to perform any particular Service. Service Providers are solely responsible for ensuring they are properly licensed, qualified, and authorized to perform all Services they offer through the Platform, and for complying with all applicable laws, regulations, and industry standards. Clients are solely responsible for determining whether a Service Provider has the appropriate qualifications and are encouraged to independently verify such qualifications.
2.D Service Agreements Between Users
The Platform provides a single, integrated communication channel called the "OneTap Chat" that facilitates all in-platform communications. The OneTap Chat operates in three stages:
Stage 1 — Service Request and Estimation. When a Client submits a service request, the OneTap Chat connects the Client with the OneTap AI assistant and the OneTap Customer Experience team. The Client may describe the scope of the requested Service, receive and review the TrueRate Estimate, and receive support. During Stage 1, no communication between the Client and any Service Provider is available.
Stage 2 — Service Accepted. After the Client accepts the TrueRate Estimate and a Service Provider accepts the service request through the Platform's AI matching system, the OneTap Chat expands to include the Client and any authorized Client Representatives, the Service Provider, and the OneTap Customer Experience team. Participants may coordinate scope, schedule, site conditions, hazards, access requirements, and other relevant details.
Stage 3 — Service Completion and Review. Following completion of the Service, the OneTap Chat remains available to facilitate the review process, address post-service issues, and communicate with the OneTap Customer Experience team regarding payment distribution or disputes.
Once a Service Provider confirms a booking through the Platform, the Client and Service Provider enter into a legally binding agreement (the "Service Agreement") consisting of the terms agreed upon through the Platform, including any terms communicated and accepted within the OneTap Chat. Both parties agree to comply with the Service Agreement and all applicable provisions of the Agreement. OneTap is not a party to any Service Agreement and shall have no responsibility or liability arising from or relating to any Service Agreement or the performance of Services.
2.E Account Exclusivity and Client Representatives
Service Provider Account Exclusivity
Each Service Provider account is personal to the registered account holder. The Service Provider who accepted a service request must be the individual who physically performs the Service. Service Providers must not permit any other individual to use their account, credentials, or identity; impersonate another Service Provider; or allow any unregistered individual to perform work under their account. Violations may result in immediate account suspension or permanent deactivation. See the for additional details.
Client Representatives
A Client may authorize a third party to act on its behalf in connection with a Service (a "Client Representative") for purposes of booking, communication, site access, or oversight. Service Providers may rely on instructions from a Client Representative as if provided directly by the Client. The Client remains fully and solely responsible for all acts and omissions of any Client Representative.
2.F Third-Party or Prepaid Services
To the extent that the Platform facilitates or integrates with third-party services or partner programs, such services may be subject to additional terms imposed by the applicable third party, which are incorporated herein by reference. OneTap makes no representations regarding any third-party services and shall not be responsible for their performance, quality, or fulfillment.
3. Fees, Billing, and Payment; Cancellation
The terms governing fees, billing, payment obligations, and cancellation policies are set forth in the Supplemental Terms (the ""), which are incorporated into this Agreement by reference and apply to all transactions conducted through the Platform.
By accessing or using the Platform, you acknowledge and agree to be bound by the . All fees charged through the Platform — including Service payments, platform fees, service charges, and any other amounts — are non-refundable unless otherwise expressly stated in the Agreement or required by applicable law.
You further acknowledge and agree that: (a) all pricing, rates, and estimates are generated through the OneTap AI TrueRate Estimator and may be subject to change at any time in OneTap's sole discretion; (b) Clients are responsible for reviewing and approving all charges prior to confirming a booking; (c) upon booking confirmation, Clients authorize OneTap or its designated payment processor to charge the payment method on file for all applicable fees; (d) payments for Services may be collected by OneTap on behalf of Service Providers and remitted in accordance with the ; (e) OneTap reserves the right to establish, modify, or adjust fees at any time; and (f) cancellation, rescheduling, and no-show fees may apply as described in the and applicable policies.
Pricing Errors
In the event that a TrueRate Estimate or any other pricing contains a material error due to system failure, data error, or other technical issue (a "Pricing Error"), OneTap reserves the right, in its sole discretion, to correct, void, or cancel any transaction affected by such Pricing Error prior to completion of the Service. OneTap shall not be bound by any Pricing Error regardless of whether the User has received confirmation. If a Pricing Error is identified after a Client has been charged, OneTap will notify the affected User and may, at its option, offer a corrected estimate or issue a refund. For completed Services, OneTap's right to void a transaction for a Pricing Error is limited to circumstances where the error was material and the Service Provider has not yet received payment.
4. Contests and Promotional Codes
OneTap may from time to time offer promotional codes, credits, discounts, referral incentives, contests, sweepstakes, or other promotional opportunities (collectively, "Promotions") to Users. All Promotions are offered at OneTap's sole discretion and may be subject to additional terms, eligibility requirements, expiration dates, and limitations as communicated in connection with such Promotion.
Promotions may be modified, suspended, or discontinued at any time without notice. Promotions are non-transferable, have no cash value unless expressly stated, and may not be sold, exchanged, or transferred except as expressly authorized by OneTap. OneTap reserves the right to withhold, revoke, or invalidate any Promotion in the event of suspected fraud, misuse, or violation of the Agreement. All determinations regarding Promotions are final and binding.
5. Public Areas
The Platform may contain features enabling Users to communicate and interact with one another, including user profiles, the OneTap Chat, reviews, ratings, and other communication tools (collectively, "Public Areas"). You agree to use Public Areas solely for lawful purposes consistent with the intended use of the Platform, and not to post content that is unlawful, fraudulent, misleading, defamatory, abusive, harassing, obscene, invasive of privacy, or otherwise objectionable.
OneTap does not control, endorse, or assume responsibility for any content posted by Users in Public Areas and makes no representations regarding the accuracy or reliability of such content. OneTap reserves the right, but has no obligation, to monitor, review, remove, restrict, or modify any content in Public Areas at any time, in its sole discretion.
6. Deactivation and Suspension
If OneTap determines, in its sole discretion, that you have violated or are suspected of violating any provision of the Agreement, or have engaged in conduct that may harm the Platform, other Users, or OneTap's business interests, OneTap may temporarily suspend your access to the Platform, restrict your use of certain features, or permanently deactivate your account. Such actions may be taken in response to suspected fraud, abuse, misuse of the Platform, interference with Platform operations, violations of applicable laws, or breaches of the Agreement. Where required by applicable law, OneTap will provide notice of such action.
If your account is suspended or deactivated, you agree that you will not attempt to create a new account or access the Platform through alternative means without the prior written consent of OneTap.
7. Termination
You may terminate the Agreement at any time by ceasing all use of the Platform and deactivating your account. OneTap may, in its sole discretion, terminate the Agreement, suspend, or permanently deactivate your account if you are determined or reasonably suspected to have breached the Agreement, violated applicable laws, or engaged in conduct that may harm the Platform or its Users.
Provisions of the Agreement that by their nature should survive termination shall remain in full force and effect following termination, including provisions relating to payment obligations, intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and all obligations accrued prior to termination.
8. User Generated Content; Feedback
8.A User Generated Content
"User Generated Content" means any information, data, text, content, materials, or media of any kind — including photographs, videos, audio recordings, messages, reviews, ratings, comments, or other content — that you submit, upload, transmit, or otherwise make available to OneTap, other Users, or third parties in connection with your use of the Platform, including content submitted through Public Areas.
User Generated Content is created by Users and does not represent the views, opinions, or endorsements of OneTap. OneTap does not verify, control, or assume responsibility for any User Generated Content, including its accuracy, completeness, reliability, legality, or usefulness. You remain solely responsible for all User Generated Content that you submit through the Platform.
To the fullest extent permitted by law, you hereby grant to OneTap, for the full duration of any applicable intellectual property rights, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display, and otherwise exploit such User Generated Content, in whole or in part, in any media or format now known or later developed, for any purpose, including in connection with the operation, promotion, marketing, and improvement of the Platform. You further grant OneTap the right to use your name, username, image, likeness, voice, and any associated identifying information in connection with such content, without further notice or compensation.
You represent and warrant that: (a) you have all rights necessary to grant the foregoing license; (b) your User Generated Content does not violate any third-party rights; (c) your User Generated Content will not be unlawful, fraudulent, misleading, defamatory, abusive, obscene, harmful, or in violation of the Agreement; and (d) you will not represent yourself as an employee, agent, or representative of OneTap.
To the fullest extent permitted by law, you waive any moral rights in your User Generated Content and release OneTap and its affiliates from any claims arising from the use of such content as permitted under this Agreement.
8.B Feedback
Feedback — reviews, ratings, and other feedback regarding Services or Users — represents the opinions of individual Users and does not reflect the views of OneTap. OneTap does not independently verify Feedback and does not guarantee its accuracy or reliability. OneTap may, but is not obligated to, review, investigate, modify, or remove any Feedback in its sole discretion. Users may request removal of Feedback that violates the Agreement by contacting OneTap, and any determination regarding removal shall be made in OneTap's sole discretion.
9. Intellectual Property Rights
The Platform, including all content, features, functionality, software, designs, text, graphics, images, audio, video, data, compilations, interfaces, and the overall look and feel (collectively, "Proprietary Materials"), are owned by or licensed to OneTap, excluding User Generated Content and third-party content. The Proprietary Materials are protected by applicable intellectual property laws and may not be used, copied, reproduced, distributed, modified, or exploited in any manner except as expressly permitted under this Agreement.
All trademarks, service marks, logos, and trade names used on the Platform (the "Marks") — including "OneTap," "OneTap Maintenance Corporation," "TrueRate Estimator," "TrueRate Estimate," and "OneTap Qualified Technicians" — are the property of OneTap or their respective owners. You may not use any Marks without the prior written consent of OneTap or the applicable owner.
Users may not resell, sublicense, rent, lease, white-label, or otherwise make the Platform available to any third party for commercial purposes without the prior written consent of OneTap.
10. Links to Third-Party Websites
The Platform may contain links to third-party websites, services, or resources not owned or controlled by OneTap. Such links are provided solely for convenience and do not constitute an endorsement or recommendation by OneTap. OneTap has no control over and assumes no responsibility for any third-party websites, including their content, policies, or practices. Your access to and use of any third-party website is at your own risk. OneTap shall not be liable for any loss, damage, or claims arising from your access to or use of any third-party website.
11. Copyright Complaints and Designated Agent
If you believe, in good faith, that any materials made available on or through the Platform infringe upon your copyright or other intellectual property rights, you may submit a notice of claimed infringement to OneTap's designated copyright agent. Your notice must include sufficient detail to identify and locate the allegedly infringing material, information sufficient to contact you (name, address, telephone number, and email address), a statement of good faith belief that the use is not authorized, and a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on their behalf, along with your electronic or physical signature.
Notices of claimed infringement should be sent to:
OneTap Maintenance Corporation, Attn: Copyright Agent, 1133 Polk Ave, STE 120, Nashville, TN 37210 | Email: copyright@onetapfix.com
OneTap has completed registration of its designated Copyright Agent with the U.S. Copyright Office as required under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, to qualify for the DMCA safe harbor. Any person who knowingly misrepresents that material is infringing may be subject to liability under the DMCA. OneTap reserves the right to remove allegedly infringing material and to suspend or terminate the accounts of repeat infringers.
12. Disclaimer of Warranties
YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND ALL SERVICES, CONTENT, AND TECHNOLOGY PROVIDED BY ONETAP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONETAP MAINTENANCE CORPORATION, TOGETHER WITH ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND PARTNERS (COLLECTIVELY, THE "ONETAP PARTIES"), EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY OF SERVICES, OR COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS.
THE ONETAP PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF THE PLATFORM, THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR THE QUALITY, SAFETY, LEGALITY, OR SUITABILITY OF ANY SERVICES PROVIDED BY USERS. THE ONETAP PARTIES DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH CASES, DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT ONETAP IS WILLING TO PROVIDE THE PLATFORM ONLY ON THE CONDITION THAT YOU ACCEPT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ONETAP PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR ANY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE ONETAP PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES, OR LIABILITIES ARISING OUT OF OR RELATING TO THE CONDUCT, ACTS, OR OMISSIONS OF ANY USER, INCLUDING ANY SERVICE PROVIDER OR CLIENT, OR ANY DISPUTE BETWEEN USERS. YOU HEREBY RELEASE THE ONETAP PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
TO THE EXTENT LIABILITY CANNOT BE COMPLETELY EXCLUDED, THE AGGREGATE LIABILITY OF THE ONETAP PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THIS AGREEMENT SHALL NOT EXCEED: (A) IF YOU ARE A CLIENT, THE TOTAL AMOUNT OF FEES PAID BY YOU TO ONETAP DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) IF YOU ARE A SERVICE PROVIDER, THE TOTAL AMOUNT PAID TO YOU THROUGH THE PLATFORM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE REQUIRED BY LAW.
14. Indemnification
OneTap reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully. You shall not settle any claim without OneTap's prior written consent.
14.A Client Indemnification
If you are a Client, you agree to indemnify, defend, and hold harmless OneTap, its affiliates, and their respective officers, directors, employees, agents, partners, licensors, and representatives from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your use of or participation on the Platform; your breach of the Agreement; your violation of any applicable law or the rights of any User or third party; your use of any third-party websites or services accessed through the Platform; any User Generated Content or Feedback submitted by you or through your account; and the acts or omissions of any Client Representative or other person acting on your behalf.
14.B Service Provider Indemnification
If you are a Service Provider, you agree to indemnify, defend, and hold harmless OneTap, its affiliates, and their respective officers, directors, employees, agents, partners, licensors, and representatives from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your use of or participation on the Platform; your performance or failure to perform Services; your eligibility to perform Services or receive payment; your breach of the Agreement; your violation of any applicable law or the rights of any User or third party; any User Generated Content submitted by or about you; and the acts or omissions of any employees, assistants, subcontractors, or other personnel engaged by you in connection with Services.
15. Dispute Resolution — Informal Negotiation
To promote efficient resolution and reduce the cost of disputes, you and OneTap agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to the Platform, your use of the Platform, any Services, or the Agreement (a "Dispute") through informal, good faith negotiations prior to initiating any formal legal proceeding, except as otherwise expressly provided in this Agreement. Informal negotiations shall commence upon written notice from one party to the other describing the nature of the Dispute and the requested resolution. If the Dispute is not resolved through informal negotiations within a reasonable period, either party may pursue resolution as further provided in Section 24.
16. App Store-Sourced Applications
If you access or download any OneTap mobile application through a third-party application store, including the Apple App Store or Google Play Store, your use is also subject to the applicable terms of such third-party provider. You acknowledge that such third-party providers are not responsible for the Platform and have no obligation to provide maintenance or support with respect to the application, except as required by applicable law.
17. Changes to the Agreement, Platform, and Application
17.A Changes to the Agreement
OneTap reserves the right to review, update, modify, supplement, or discontinue any provision of the Agreement at any time for legitimate business, legal, or operational reasons. Notice may be provided by posting updated terms on the Platform, by email, or through any other reasonable method. Unless otherwise required by applicable law, changes become effective upon posting. Continued use of the Platform after notice constitutes acceptance of the updated Agreement. If you do not agree to updated terms, you must discontinue use and deactivate your account.
17.B Changes to the Platform and Services
OneTap reserves the right to modify, update, enhance, restrict, suspend, or discontinue all or any portion of the Platform — including any features, functionality, service categories, or AI-powered tools — either temporarily or permanently, with or without notice, to the extent permitted by applicable law. OneTap shall not be liable for any modification, suspension, or discontinuation of the Platform or any feature or service category thereof, including changes to the TrueRate Estimator or AI matching functionality.
17.C Application Updates
By installing or using any application provided by OneTap, you consent to the installation of updates, upgrades, and modifications that may be released from time to time. Such updates may include bug fixes, enhancements, new features, or modifications designed to improve functionality or security. You may uninstall the application at any time, subject to the terms of this Agreement.
18. No Rights of Third Parties
Except as expressly provided in this Agreement or as otherwise required by applicable law, this Agreement is entered into solely between you and OneTap, for the benefit of the parties and their respective permitted successors and assigns. No other person or entity shall have any rights, benefits, or remedies under this Agreement as a third-party beneficiary. To the extent any applicable law recognizes third-party beneficiary rights, such rights are expressly disclaimed except where prohibited by law.
19. Notices and Consent to Electronic Communications
Unless otherwise expressly provided, all notices and communications provided by OneTap to you may be delivered by electronic means, including email, in-app notifications, or postings on the Platform. You expressly consent to receive all notices electronically and agree that such communications satisfy any legal requirement that they be in writing. Notices shall be deemed received when transmitted or, for Platform postings, when made available to you. You are responsible for maintaining accurate contact information in your account.
20. Consent to Electronic Signatures
By accessing or using the Platform, you agree to transact electronically with OneTap and other Users. You acknowledge and agree that your electronic signature — including your use of a keypad, mouse, touchscreen, or other device to select an item, button, icon, or similar action — constitutes your legal signature with the same legal effect, validity, and enforceability as a handwritten signature. No certification authority or third-party verification is required to validate your electronic signature.
21. Governing Law
Except as otherwise provided in this Agreement, including any arbitration provisions, this Agreement and your use of the Platform shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles. You agree that any dispute arising out of or relating to this Agreement or the Platform shall be subject to the exclusive jurisdiction of the state and federal courts located within the State of Tennessee, except where otherwise required by applicable law. Nothing in this Agreement prevents OneTap from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or other proprietary interests.
22. Force Majeure
OneTap shall not be liable for any failure or delay in performance of its obligations under this Agreement to the extent such failure or delay is caused by circumstances beyond OneTap's reasonable control, including acts of God, natural disasters, pandemics, epidemics, war, terrorism, governmental actions, civil unrest, labor disputes, power outages, telecommunications failures, or other events outside of OneTap's reasonable control (each, a "Force Majeure Event"). OneTap will use commercially reasonable efforts to resume performance as soon as practicable following a Force Majeure Event. For the avoidance of doubt, a Force Majeure Event does not excuse User payment obligations that have accrued prior to or during the Force Majeure Event.
23. Company Information; General Provisions
23.A Company Information and Contact
The Platform is owned and operated by OneTap Maintenance Corporation, a corporation organized under the laws of the State of Tennessee. All inquiries, notices, or communications regarding this Agreement or the Platform should be directed to OneTap through the contact information provided in the , available on the Platform. See for current contact information.
23.B Relationship of the Parties
No agency, partnership, joint venture, employment, franchise, or similar relationship is created, intended, or shall be deemed to exist between you and OneTap by virtue of the Agreement or your use of the Platform. Users are independent persons or entities and are not employees, agents, representatives, or partners of OneTap. No User has any authority to act for, bind, or make representations on behalf of OneTap.
23.C Entire Agreement
The Agreement, including all terms, policies, guidelines, and supplemental provisions incorporated herein by reference, constitutes the complete, final, and exclusive agreement between you and OneTap with respect to your access to and use of the Platform, and supersedes all prior and contemporaneous agreements, representations, and understandings relating to the same subject matter.
23.D Severability; Waiver; Assignment; Survival; Language
If any provision of the Agreement is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. No failure or delay by OneTap in exercising any right shall operate as a waiver thereof. OneTap may assign, delegate, or transfer the Agreement, in whole or in part, without your consent, including in connection with a merger, acquisition, or sale of assets. You may not assign the Agreement without OneTap's prior written consent; any attempted assignment in violation of this provision is null and void. All provisions that by their nature should survive termination shall survive, including payment obligations, intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution. This Agreement is drafted in the English language; in the event of any conflict between the English version and any translation, the English version shall control.
24. Dispute Resolution and Additional Provisions
24.I Dispute Resolution — Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW CLAIMS BETWEEN YOU AND ONETAP WILL BE RESOLVED. EXCEPT AS EXPRESSLY PROVIDED BELOW, THIS SECTION REQUIRES YOU AND ONETAP TO RESOLVE DISPUTES THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN COURT. BY ENTERING INTO THIS AGREEMENT OR USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS ARBITRATION AGREEMENT.
(a) Agreement to Binding Arbitration
In consideration of the mutual promises contained in this Agreement and the benefits of a streamlined method of dispute resolution, you and OneTap agree that, to the fullest extent permitted by applicable law, any and all disputes, claims, or controversies arising out of, relating to, or connected with your use of the Platform, your relationship with OneTap, any Services, any payments, your account, any communications, these Terms, or any prior or future version of the Agreement (collectively, "Claims") shall be resolved exclusively through final and binding arbitration on an individual basis, except for Claims expressly excluded below.
This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") and shall survive termination of the Agreement. It is intended to be interpreted broadly and includes, without limitation, claims arising under contract, tort, statute, fraud, misrepresentation, unfair competition, consumer protection laws, privacy laws, and any other legal or equitable theory, including disputes regarding the formation, existence, breach, termination, enforceability, scope, or validity of this Arbitration Agreement.
YOU AND ONETAP UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, EACH IS WAIVING THE RIGHT TO SUE IN COURT, TO HAVE A JUDGE OR JURY DECIDE ANY CLAIM, AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
(b) Class Action Waiver
To the fullest extent permitted by applicable law, any arbitration shall be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. The arbitrator shall have no authority to consolidate claims of multiple persons, preside over any class or collective proceeding, or award relief to anyone other than the individual party seeking relief.
YOU AND ONETAP EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, COLLECTIVE ACTION, MASS ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
To the extent a dispute arises regarding the enforceability or scope of this Class Action Waiver, such dispute shall be determined only by a court of competent jurisdiction and not by an arbitrator. If any portion of this Class Action Waiver is found unenforceable as to a particular Claim, that Claim shall proceed in a court of competent jurisdiction, and the remaining Claims shall be arbitrated on an individual basis.
(c) Rules and Administration
Any arbitration shall be administered by the American Arbitration Association ("AAA") under its applicable rules then in effect, including the AAA Consumer Arbitration Rules where applicable. If AAA is unavailable, the parties shall mutually agree upon another arbitration provider, or a court of competent jurisdiction shall appoint one. The arbitration shall be conducted before a single arbitrator. Unless the parties agree otherwise, arbitration shall be conducted remotely through written submissions, telephonic proceedings, videoconference, or — if necessary — in the county where the User resides or received Services. The arbitrator shall provide a reasoned written decision; judgment on the award may be entered in any court having jurisdiction.
(d) Arbitration Fees and Costs
Payment of arbitration filing fees, administrative fees, and arbitrator compensation shall be governed by the applicable AAA rules, except to the extent otherwise required by law. Each party shall otherwise bear its own attorneys' fees and costs, except where a statute, applicable arbitration rule, or the arbitrator's award provides otherwise.
(e) Exceptions to Arbitration
This Arbitration Agreement does not require arbitration of: claims properly brought in small claims court on an individual basis within that court's jurisdiction; claims for temporary, preliminary, or emergency injunctive relief relating to actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information; and any claim that applicable law expressly prohibits from being subject to pre-dispute binding arbitration. Nothing in this Agreement prevents either party from filing a charge or complaint with any governmental agency or administrative body to the extent permitted or required by law.
(f) Opt-Out Right
You may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to OneTap within thirty (30) days of the date on which you first accept these Terms or first use the Platform, whichever occurs first. Opt-out notices must be sent to: OneTap Maintenance Corporation, Attn: Legal, 1133 Polk Ave, STE 120, Nashville, TN 37210, or by email to legal@onetapfix.com. Your notice must include your full name, account email address, telephone number, mailing address, and a clear statement that you wish to opt out. If you timely opt out, neither you nor OneTap will be bound by this Arbitration Agreement. If you do not timely opt out, you will be deemed to have knowingly and voluntarily agreed to this Arbitration Agreement.
24.II Telephone Communications and Consent to Be Contacted
By providing your telephone number to OneTap, you expressly consent to receive calls and text messages from OneTap, its affiliates, service providers, partners, and — where applicable — other Users, including Service Providers and Clients, concerning your account, authentication, registration, onboarding, bookings, scheduled or completed Services, support matters, account updates, service notifications, billing matters, operational alerts, promotional offers, and other communications relating to the Platform. Such communications may be made using manual dialing systems, prerecorded or artificial voice messages, and/or automatic telephone dialing systems, to the fullest extent permitted by law, even if your number is listed on a do-not-call registry.
You understand that consent to receive promotional communications is not a condition of purchasing any goods or services from OneTap. You may opt out of marketing or promotional text messages at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any such message. Even if you opt out of promotional communications, OneTap may still send transactional or service-related communications as permitted by law. See the and Conditions for additional terms.
24.III Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE ONETAP, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, AND LIABILITIES, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATING TO COMMUNICATIONS, CALLS, TEXT MESSAGES, OR OTHER ELECTRONIC CONTACTS MADE IN CONNECTION WITH THE PLATFORM OR YOUR RELATIONSHIP WITH ONETAP, EXCEPT TO THE EXTENT SUCH RELEASE IS PROHIBITED BY APPLICABLE LAW. TO THE EXTENT APPLICABLE, YOU EXPRESSLY WAIVE THE PROTECTIONS OF ANY STATUTE OR COMMON-LAW DOCTRINE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542.
25. Acknowledgment and Consent
BY ACCESSING OR USING THE PLATFORM, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE AND ALL POLICIES, GUIDELINES, SUPPLEMENTAL TERMS, AND DOCUMENTS INCORPORATED HEREIN BY REFERENCE, INCLUDING WITHOUT LIMITATION:
- OneTap
- and Conditions
- Supplemental Terms
- Terms and Conditions
- Supplemental Terms
AS EACH MAY BE UPDATED FROM TIME TO TIME IN ACCORDANCE WITH THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE THAT YOUR ACCESS TO OR USE OF THE PLATFORM CONSTITUTES YOUR ELECTRONIC ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO BE LEGALLY BOUND THEREBY.
Related Documents
These should be read together with the following OneTap Maintenance Corporation policies, all of which are incorporated herein by reference:
- ( Supplemental Terms)
- OneTap
- and Conditions
- Terms and Conditions
- Enterprise Master Services Agreement
OneTap Maintenance Corporation
Nashville, Tennessee | legal@onetapfix.com | www.onetapfix.com