The Januus Pro Assurance Terms

The Januus Pro Assurance ("Pro Assurance") is a part of Januus LLC’s Terms of Service. Nothing in the Januus Pro Assurance shall be construed to contradict or otherwise invalidate any part of Januus’s Terms of Service or Privacy Policy, which remain in full force and effect.

THE JANUUS TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH ARE APPLICABLE TO THIS PRO ASSURANCE AND AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT BY USING THE JANUUS PLATFORM, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE (INCLUDING THE ARBITRATION PROVISION AND CLASS ACTION WAIVER), THE PRIVACY POLICY, AND THE TERMS OF THIS PRO ASSURANCE (TOGETHER, THE "AGREEMENT").

What is the "Januus Pro Assurance"?

Januus is a technology platform that allows Users to connect with each other so they can be their most productive selves. Professionals determine what categories they are qualified to servece in and scope the service directly with their Client. Januus does not oversee, monitor, or direct how a Professional performs a service, does not monitor services or chat/email threads between Users, and does not otherwise assume responsibility for the actions of Users. Clients are advised to confirm with their Professional that they are qualified to perform the service prior to the service taking place. Januus is not liable for the acts or omissions of Users, nor does Januus provide insurance against any losses sustained by Users. That said, Januus wants Users to be happy about their experience using the Januus Platform, and the Pro Assurance is in place to encourage continued use of the Januus Platform.

If Users fail to resolve an issue between themselves, and subject to the terms, exclusions and limitations set forth in the Agreement (including this Januus Pro Assurance), Januus may offer the following in its discretion on a case-by-case basis:

• Clients up to USD Ten Thousand Dollars ($10,000) per occurrence for Property Damage arising as a direct result of Negligence of a Professional during performance of a Service through the Januus Platform;
• Users up to USD Ten Thousand Dollars ($10,000) per occurrence for Bodily Injury sustained by a User who did not cause the injury, as a direct result of Negligence by another User during the performance of a Service through the Januus Platform;
• Clients up to USD Ten Thousand Dollars ($10,000) per occurrence for Theft of a User’s property by a Professional during performance of a Service through the Januus Platform.

Terms and Conditions: In order to be eligible for payment under the Januus Pro Assurance, Users must comply with the following terms and conditions:

• If the Service giving rise to the Pro Assurance Claim ("the Claim") required a licensed professional to perform (e.g., this could include plumbing, electrical, medical professionals, legal work, notaries public, licensed general contractors, exterminators, etc), the Client has obtained proof prior to the execution of the Service that the Professional has such license;
• The Service giving rise to the Claim must not violate Januus’s Terms of Service;
• The Service giving rise to the Claim must have been matched through the Januus Platform, performed by the hired Professional, and paid for in full via the Januus Platform;
• You must submit a Januus Resolution Request Form within fourteen (14) days of the performance of the Service giving rise to the Claim;
• You must not have submitted a separate Pro Assurance Claim within ninety (90) days prior to the occurrence of the Service giving rise to the Claim;
• You must not have violated our Terms of Service; and
• Your Januus account is in good standing, with no outstanding or pending balances owed to Januus or other Users.

What is excluded from the Januus Pro Assurance?

The Januus Pro Assurance does not cover Property Damage, Bodily Injury, Theft, or other losses or damages arising from or in any way related to any of the following (the "Excluded Losses"):

• Losses arising from operation of any motor vehicle, bicycle, aircraft or watercraft by a User;
• Losses resulting from the installation, repair, or removal of a Murphy Bed or other wall-mounted bed, pull down bed, or fold-down bed;
• Losses arising out of any intellectual property claim;
• Losses arising out of interruption of business, loss of market, loss of income and/or loss of use, unemployment compensation, losses associated with the unauthorized access to Electronic Data, or any other indirect, consequential or special damages;
• Losses for Property Damage exceeding the original value or replacement value (whichever is the lesser), less any standard depreciation;
• Losses to Ineligible Property;
• Client losses arising from Negligence of a Client or third party, or from Client’s lack of supervision of the Service;
• Professional losses arising from Negligence of a Professional or third party;
• Losses arising from a manufacturer’s or a product’s defects, or from pre-existing damages or conditions of the item or property, normal wear and tear, or deterioration;
• Losses arising from items (including but not limited to tools) supplied by the Client, or resulting from Client’s recommendations or instructions (i.e. if a manufacturer recommends affixing furniture to a wall and a Client declines to have furniture affixed, or Client directs Professional to perform the Service in a manner that results in damages);
• Losses that are a normal part of or natural result of the Service undertaken;
• Losses arising from intentional acts, including but not limited to: (i) assault and battery, (ii) sexual abuse or molestation, (iii) identity theft or fraud;
• Losses directly or indirectly arising out of flooding or water damage, or relating to mildew, mold, fungi, spores, or other bacteria or microorganisms of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health;
• Losses associated with a User sharing, providing access to, or otherwise providing the User’s Electronic Data and/or account information to another User or a third party, including but not limited to losses resulting from phishing scams and account takeover;
• Losses beyond the specific damaged area (i.e. if the Service caused a scratch in the floor, the Pro Assurance will address repairs to the scratched area only; likewise, for Property Damage that is cosmetic in nature and does not impact the usability of the item, the Pro Assurance will address repairs to the damage only);
• Losses arising from products containing or causing hazardous or harmful materials, communicable diseases, or pollution;
• Displacement costs, including hotel and other accommodations;
• Losses arising out of acts of nature, including but not limited to: pollution, earthquakes, and weatherrelated events such as rain, wind, etc.;
• Losses arising from acts of terrorism;
• Losses resulting from cancellation by a Professional, including increased costs associated with rebooking a new Professional or hiring a third party;
• Losses resulting from Theft without a valid police report;
• Losses reported more than 14 days after the Service took place; and
• Losses with insufficient documentation.

The Pro Assurance is not insurance

You understand and agree that the Januus Pro Assurance is not insurance, and that no User or third party is an insured or third party beneficiary.

Januus has the right to subrogate against any person or entity who may be responsible for causing the Losses giving rise to a Claim, including Users or any third party. By making a Claim under this Pro Assurance you agree you will assist in, and cooperate fully with, any actions taken by Januus or its agents to subrogate a Claim.

If you carry insurance that would cover you in the event of a Claim, including but not limited to renter’s insurance, homeowner’s insurance, medical insurance, or an umbrella policy ("Personal Insurance"), you must seek compensation for Losses from your Personal Insurance, prior to seeking compensation by way of the Pro Assurance. The Pro Assurance will only compensate for Losses to the extent not otherwise covered by your Personal Insurance. Januus has the right to provide a User’s contact information to an insurance company or to another User in order to facilitate a resolution of a Claim.

How do I submit a Pro Assurance Claim?

To submit a Claim, please complete the Januus Resolutions Request Form within fourteen (14) days of the performance of the Service giving rise to the Claim. Before contacting Januus, you must first make a good faith attempt to resolve the issue directly with the User(s) involved. Payment requests are subject to the terms and conditions noted herein. All Claims will be reviewed on a case-by-case basis.

During our claims assessment process, you agree to (i) protect and preserve any damaged property that is the basis of a Claim from further damage; (ii) assist or allow Januus or its agents access to make copies, photographs and recordings of anything relating to the Claim; (iii) allow Januus or its insurers access to inspect anything relating to the Claim (iv) accept repairs by a Professional first; and (v) submit requested materials by the dates outlined by the Januus Support or Resolutions Teams.

If any part of your Claim is approved, then as a condition to any payment to you under the Januus Pro Assurance, you agree:

• To release and hold harmless Januus and Affiliates from any further liability or obligations with respect to the facts and circumstances of the matters set forth in the Claim;
• To treat as confidential the resolution of your Claim, as well as any associated Resolutions Agreement;
• To refund to Januus any amounts that Januus determines to have been erroneously paid to you with respect to an approved Claim; and
• To execute and deliver to Januus the "Januus Resolutions Agreement" upon request.

Miscellaneous

No person, entity or agent, including any User or any Januus employee, may alter the terms of this Pro Assurance. Users may not assign or transfer the terms of the Pro Assurance, and no party shall be a third party beneficiary of these terms. The terms of this Pro Assurance are not intended to and shall not be construed to give any person or entity other than a User of the Januus platform any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby. The Januus Pro Assurance shall be governed by the laws of the State of California without regard to its conflict of law provisions. Januus reserves the right, in its sole and absolute discretion, to eliminate the Pro Assurance altogether or change, modify or delete any of the terms of this Pro Assurance at any time, effective with or without prior notice and without any liability to Januus. Januus will endeavor to notify you of material changes by email but will not be liable for any failure to do so. If any future changes to this Pro Assurance are unacceptable to you, you must deactivate, and immediately stop using, the Januus Platform. Your continued use of the Januus Platform following any revision to this Pro Assurance constitutes your complete and irrevocable acceptance of any and all such changes.

Defined Terms

"Bodily Injury" means physical injury, sickness or disease sustained by any person, including but not limited to death resulting from any of these.

"Electronic Data" means data or information stored electronically or in digital format including data, information, audio, video, files, databases, software, systems, applications, tapes, drives, cloud storage or data processing devices.

"Pro Assurance Claim" or "Claim" means a dispute resulting in Property Damage, Bodily Injury or Theft which is submitted via the Januus Resolutions Request Form pursuant to the terms and conditions set forth herein.

"Ineligible Property" means cash or other currency, animals, fine art (paintings, photos, pictures, textiles, sculptures or other mediums of art, antiques, precious stones or metals and similar property of rare or historical value); Electronic Data; damage to common areas; and/or items of sentimental value like heirlooms or photographs beyond the straight replacement value.

"Losses" means any Property Damage, Bodily Injury or Theft other than Excluded Losses.

"Negligence" means a finding by Januus, in its sole discretion, that a User’s action or omission (a) breached a duty to other Users during the performance of a Service and (b) was the proximate cause of that User’s actual damages.

"Property Damage" means physical damage to, loss, or destruction of tangible property belonging to a User

"Theft" means the intentional and fraudulent taking by one User of another User’s tangible personal property without permission or consent of the owner, with intent to convert it to another’s use.