1. Definitions
The following defined terms apply throughout these Terms of Service:
- “Agreement”
- These Terms of Service and Terms of Use, together with the Privacy Policy, Contractor Subscription Agreement, and all policies incorporated by reference, which together constitute the entire agreement between you and Cobalt.
- “Cobalt” / “Company” / “we” / “us”
- Cobalt Payments Inc., a registered corporation, operating the ContractNearMe Platform as a division.
- “ContractNearMe” / “Platform”
- The ContractNearMe marketplace application (Apple App Store and Google Play Store), website at contractnearme.com, and all related services operated as a division of Cobalt Payments Inc.
- “Consumer” / “Homeowner”
- A user who creates an account on the Platform to submit project requests and seek home-service professionals in Connecticut.
- “Contractor” / “Pro”
- A licensed home-service or specialty-trade professional who creates a contractor account on the Platform to receive leads, submit quotes, and offer services to Consumers in Connecticut.
- “Sub-Contractor”
- A trade professional listed in the B2B Sub-Contractor Directory and not subject to the same verification requirements as primary Contractors.
- “Lead”
- A project request submitted by a Consumer that is distributed to one or more qualified Contractors by the Platform.
- “Verified Badge”
- A platform-generated credential indicator displayed on a Contractor’s profile confirming that their Connecticut trade license and insurance have been checked. It does not constitute an endorsement, guarantee, or warranty of any kind.
- “Subscription”
- A recurring fee-based plan through which Contractors access Platform features, Lead distribution, and the background screening program.
- “MID”
- Merchant Identification Number — an individual merchant account issued by Cobalt Payments Inc. or an approved third-party acquiring processor to a Contractor.
- “Services”
- All features, functions, tools, and capabilities of the Platform.
- “User Content”
- Any information, text, photos, reviews, project descriptions, or other content submitted to the Platform by any user.
- “Contractor Content”
- Portfolio photos, project descriptions, business information, and other content uploaded by Contractors to their public profiles.
- “Service Agreement”
- Any contract, agreement, or arrangement formed directly between a Consumer and a Contractor for the performance of home services. ContractNearMe is not a party to any Service Agreement.
2. Acceptance of Terms & Eligibility
2.1 Acceptance
By accessing or using the Platform in any manner — including creating an account, clicking any “I Agree,” “Sign Up,” or “Continue” button, or submitting a project request or contractor application — you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. If you are accepting on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to this Agreement.
2.2 Eligibility
To use the Platform, you must meet ALL of the following requirements:
- You must be at least 18 years of age. The Platform is not available to persons under 18.
- You must reside in, or provide services in, the State of Connecticut (launch territory).
- You must have the legal capacity to enter into binding contracts under Connecticut law.
- You must not have been previously suspended or permanently banned from the Platform.
- You must not be prohibited from using the Platform under any applicable law or regulation.
- Contractors must hold a valid Connecticut trade license applicable to their listed service category at all times while active on the Platform.
2.3 Age Verification
The Platform employs a two-step age verification process at account creation: (1) a date-of-birth entry field that calculates age, and (2) a checkbox attestation confirming the user is 18 or older. By completing these steps, you represent and warrant that you are 18 years of age or older. If Cobalt determines that a user is or was under 18 at account creation, that account will be immediately terminated and any associated data deleted. Cobalt reserves the right to require additional identity verification at any time.
2.4 Geographic Limitation
At launch, the Platform serves the State of Connecticut only. Use of the Platform from outside Connecticut, or for projects located outside Connecticut, is not authorized and may result in account suspension. Geographic expansion will be announced through Platform notifications and updated Terms.
4. Account Registration & Security
4.1 Account Creation
To access most Platform features, you must create an account using a valid email address, a verified mobile phone number, and either a direct registration or Apple Sign-In or Google Sign-In. You agree to provide accurate, current, and complete information and to keep it updated. Providing false, inaccurate, or misleading information is a material breach of this Agreement and grounds for immediate account termination.
4.2 One Account Per User
Each individual may maintain one account on the Platform. A single account may function in both Consumer and Contractor roles using the role-switching feature. Creating duplicate or fictitious accounts is prohibited and may result in permanent suspension of all associated accounts.
4.3 Account Security
You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to: (a) use a strong, unique password; (b) enable available two-factor authentication; (c) notify Cobalt immediately at support@contractnearme.com if you suspect unauthorized access; and (d) not share your credentials with any third party. Cobalt is not liable for losses arising from unauthorized account access resulting from your failure to maintain credential security.
4.4 Account Deletion
You may delete your account at any time through: App > Settings > Account > Delete Account. Upon deletion, your public profile is removed within 24 hours and your personally identifiable information is purged within 30 days, subject to legal retention obligations described in the Privacy Policy. Active Contractor subscriptions must be cancelled prior to account deletion to stop future billing. Cobalt is not responsible for refunding any prepaid subscription fees upon voluntary account deletion.
5. Consumer Terms
5.1 Consumer Account
As a Consumer, you may submit project requests, receive contractor matches, review and compare quotes, communicate with Contractors through the Platform’s masked communication system, submit reviews for completed projects, and store project documents in your account vault. Consumer accounts are free of charge for core features.
5.2 Project Requests
When you submit a project request, you represent and warrant that: (a) the project is real and you have a genuine intent to hire; (b) the service location is within Connecticut; (c) the information you provide is accurate and complete; and (d) you are the property owner or have the property owner’s express authorization to request services. Submitting false, speculative, or duplicative project requests is prohibited and may result in account suspension.
5.3 Engaging a Contractor
When you select a Contractor and agree to their quote, you are entering into a direct Service Agreement with that Contractor. ContractNearMe is not a party to that agreement. Before engaging any Contractor, you are solely responsible for: (a) independently verifying the Contractor’s credentials, license, and insurance beyond the Platform’s displayed information; (b) obtaining any required permits; (c) reviewing and understanding the full scope and terms of the Contractor’s quote; and (d) conducting your own due diligence. The Verified Badge displayed on a Contractor profile indicates only that certain credential checks were performed on specific dates — it does not constitute an endorsement or guarantee of the Contractor’s work quality or fitness for your specific project.
5.4 Reviews
You may submit a review of a Contractor after a project is completed. By submitting a review, you represent that: (a) you personally engaged the Contractor for the described project; (b) your review is truthful, accurate, and based on firsthand experience; (c) you have not accepted any compensation for the review; (d) you are not affiliated with the Contractor or their competitors; and (e) the review does not contain defamatory, harassing, or illegal content. Cobalt reserves the right to remove any review that violates these terms or applicable law, at its sole discretion.
5.5 Consumer Responsibilities
As a Consumer, you agree to: (a) respond to matched Contractors in a timely manner; (b) be available at the agreed service location at the scheduled time; (c) pay the Contractor directly for all work performed in accordance with the agreed quote; (d) not attempt to engage Contractors off-Platform to circumvent subscription or fee arrangements; and (e) communicate respectfully and professionally with all Contractors.
Consumer payment warning — All payments for contractor services are made directly to the Contractor’s merchant account. ContractNearMe does not hold, escrow, or guarantee any funds. If a Contractor fails to perform or performs defectively, your sole remedies are: (1) direct negotiation with the Contractor; (2) a payment dispute or chargeback through your card issuer or bank; or (3) legal action directly against the Contractor. ContractNearMe has no role in and no liability for any payment dispute, chargeback, or work quality claim.
6. Contractor Terms
6.1 Contractor Status — Independent Contractor
Independent contractor status — All Contractors on the ContractNearMe Platform are INDEPENDENT CONTRACTORS. They are NOT employees, agents, partners, joint venturers, franchisees, or representatives of ContractNearMe or Cobalt Payments Inc. in any capacity.
Cobalt Payments Inc. and ContractNearMe:
- Do NOT control, supervise, or direct how Contractors perform their work
- Do NOT set Contractor pricing, work hours, or methods
- Are NOT vicariously liable for any act, omission, negligence, or misconduct of any Contractor
- Do NOT provide workers’ compensation, unemployment insurance, or benefits to any Contractor
- Are NOT responsible for Contractor tax obligations, licensing compliance, or insurance maintenance
Each Contractor is solely responsible for all obligations arising from their independent business, including taxes, insurance, licensing, permits, labor law compliance, and work quality.
6.2 Contractor Eligibility Requirements
To list on the Platform, a Contractor must at all times maintain:
- A valid Connecticut trade license applicable to all listed service categories
- Current general liability insurance with minimum coverage required by Connecticut law for the applicable trade
- Current workers’ compensation insurance or valid exemption certificate as required by Connecticut law
- A Cobalt Payments Inc. approved MID or an approved third-party processor MID for accepting customer payments through the Platform
- A passing background screening result administered by the Platform’s credentialing program
- An active, paid Subscription in good standing
Failure to maintain any of the above requirements at any time constitutes a material breach and may result in immediate profile suspension and account termination without refund.
6.3 Contractor Representations & Warranties
By registering as a Contractor and at all times while active on the Platform, you represent and warrant that:
- All license, insurance, and credential information you submit is accurate, current, and complete
- You are legally authorized to perform the services listed in your profile in the State of Connecticut
- You will comply with all applicable federal, state, and local laws in performing any work obtained through the Platform
- You carry and will maintain adequate insurance for all work performed
- You will obtain all required permits before commencing any project
- All portfolio photos and project descriptions you upload accurately represent your own completed work
- You will not engage in deceptive, fraudulent, or misleading practices with Consumers
- You understand that the Verified Badge does not constitute a guarantee of your work by ContractNearMe or Cobalt
6.4 Contractor Conduct
Contractors agree to: (a) respond to matched leads within the 6-hour acceptance window or decline promptly; (b) submit accurate, complete, and non-deceptive quotes; (c) perform all work in a professional, workmanlike manner in accordance with the agreed quote; (d) communicate respectfully with Consumers; (e) not request or accept payment for work not yet performed or not agreed in a signed quote; and (f) not solicit Consumers to transact outside the Platform to circumvent Subscription or fee arrangements.
6.5 Contractor Obligation to Update Credentials
Contractors must promptly update license numbers, expiration dates, insurance certificates, and contact information whenever changes occur. Failure to maintain current credential information that causes a Consumer harm may constitute grounds for account termination and may expose the Contractor to liability claims in which ContractNearMe and Cobalt will have no involvement and bear no responsibility.
7. Lead Distribution & Matching
7.1 Standard Tier — Limited Distribution
Under the Standard subscription tier, each Consumer project request is distributed to up to 2–3 qualified Contractors simultaneously in the relevant Connecticut service area and trade category. Each matched Contractor has a 6-hour window to accept or decline the lead. Contractors who do not respond within 6 hours are treated as having declined.
7.2 Lead Redistribution
If no Contractor accepts a Standard lead within the 6-hour window, ContractNearMe will notify the Consumer by email that their project is being redistributed to the next group of up to 2–3 qualified Contractors. This process may repeat until a Contractor accepts or the Consumer withdraws the request. ContractNearMe makes no guarantee that any lead will be accepted by a Contractor.
7.3 Premium Tier — Exclusive Lead Distribution
Contractors enrolled in the Premium subscription tier receive exclusive leads — the project request is sent to one Contractor only and is not simultaneously distributed to others. Premium tier exclusivity applies only to the initial distribution period. If a Premium Contractor declines a lead, the lead may be redistributed to Standard or Premium Contractors at ContractNearMe’s discretion.
7.4 No Guarantee of Lead Volume or Quality
Lead disclaimer — ContractNearMe does not guarantee: (a) any minimum number of leads; (b) that any lead will result in a booked project; (c) the Consumer’s intent, seriousness, or financial capacity; (d) the accuracy of Consumer-provided project descriptions; or (e) that leads will be free from Consumer cancellations, scope changes, or no-shows. Lead credits or refunds are not issued for Consumer changes of mind, project cancellations, or unresponsive Consumers unless expressly provided in the Contractor Subscription Agreement.
7.5 Lead Data Exclusivity
Consumer contact information provided through the Platform is for the sole purpose of facilitating the specific project for which the lead was issued. Contractors may not use Consumer contact information obtained through the Platform for any other marketing or solicitation purpose. Violation of this restriction constitutes a material breach and grounds for immediate account termination.
7.6 Off-Platform Solicitation Prohibited
Contractors may not solicit Consumers to engage their services through channels outside the Platform in a manner intended to circumvent Platform fees or Subscription arrangements. Consumers may not invite Contractors to transact outside the Platform for the purpose of avoiding Platform-associated arrangements. ContractNearMe reserves the right to suspend or terminate accounts of users who engage in off-Platform solicitation designed to circumvent the Platform’s business model.
8. Contractor Subscription & Billing
8.1 Subscription Required
Contractors must maintain an active, paid Subscription to appear in Platform search results, receive leads, and access Platform features. Subscription plans, pricing, and features are described in the Contractor Subscription Agreement, which is incorporated into this Agreement by reference.
8.2 Billing & Autorenewal
Subscription fees are billed on a recurring basis (monthly or annually, per selected plan) to the payment method on file with Cobalt. Subscriptions automatically renew at the end of each billing period unless cancelled in advance. You authorize Cobalt to charge your stored card or ACH on file for all applicable subscription fees, including any renewal fees, without additional authorization for each charge.
8.3 Background Check Fee
The cost of the onboarding background check and annual renewal screening is included in the Contractor’s Subscription fee. No separate screening charge is assessed. Cobalt retains the right to change the Subscription tier that includes background check services with 30 days’ notice.
8.4 Cancellation
Contractors may cancel their Subscription at any time through: App > Settings > Subscription > Cancel Subscription. Cancellation takes effect at the end of the current billing period. Access to Platform features continues until the period end date. No prorated refunds are issued for mid-period cancellations unless required by applicable law.
8.5 No Refunds for Lead Performance
Subscription fees are non-refundable except as required by Connecticut consumer protection law. Cobalt does not issue refunds for: (a) leads that were declined or ignored by the Contractor; (b) projects that were cancelled by the Consumer after the Contractor accepted; (c) projects where the Consumer selected a competing Contractor; or (d) dissatisfaction with lead volume or quality within the terms of the selected Subscription plan.
8.6 Failed Payments
If a Subscription payment fails, Cobalt will attempt to process the payment up to three times over a 7-day period. If payment remains unsuccessful after three attempts, the Contractor’s account will be suspended and leads will not be distributed until payment is successfully processed. Cobalt is not responsible for leads missed during a suspension period caused by payment failure.
8.7 1099-NEC Obligations
Subscription fees paid by Contractors to ContractNearMe are business expenses. If ContractNearMe pays any contractor for referral, content, or other services, a 1099-NEC may be issued where applicable. Contractors are solely responsible for all tax obligations arising from their independent contractor businesses.
9. Payment Processing
9.1 Contractor is Merchant of Record
All payments from Consumers to Contractors for home services are processed directly through the Contractor’s individual Merchant ID (MID). The Contractor is the Merchant of Record for all such transactions. ContractNearMe is not the Merchant of Record and is not party to any payment transaction between a Consumer and a Contractor.
9.2 MID Enrollment Requirement
Contractors must obtain and maintain an approved MID through Cobalt Payments Inc. (via NMI) or an approved third-party acquiring processor prior to accepting any payments through the Platform. Approved third-party processors are limited to: Fiserv (Omaha, North, and Nashville platforms) and TSYS. No other processors are currently accepted. Contractors using non-approved processors are in material breach of this Agreement.
9.3 Underwriting & Approval
MID approval is subject to Cobalt’s underwriting standards and is not guaranteed. Cobalt reserves the right to decline any MID application in its sole discretion. Contractors declined for a Cobalt MID may apply through an approved third-party processor. If a Contractor cannot obtain an approved MID from any approved source, they may not accept consumer payments through the Platform.
9.4 Billing Descriptor
The billing descriptor on a Consumer’s card or bank statement will reflect the Contractor’s full legal business name or DBA as registered with their acquiring bank. The name “ContractNearMe” or “Cobalt Payments” will not appear on Consumer payment statements for project transactions. If a Consumer sees an unexpected descriptor, they should contact the Contractor directly.
9.5 Accepted Consumer Payment Methods
Consumers may pay Contractors using credit card, debit card, ACH bank transfer, Apple Pay, or Google Pay, subject to the capabilities of the Contractor’s MID and processing platform. Availability of specific payment methods is determined by the Contractor’s acquiring bank, not ContractNearMe.
9.6 Payment Disputes & Chargebacks
Payment dispute disclaimer — ContractNearMe and Cobalt Payments Inc. have NO involvement in, liability for, or authority over any payment dispute, chargeback, refund request, or collections matter between a Consumer and a Contractor.
If a Consumer initiates a chargeback, the dispute runs entirely between the Consumer’s card issuer, the Contractor, and the Contractor’s acquiring bank. ContractNearMe is not notified of, a party to, or responsible for the outcome of chargeback proceedings.
Contractors are solely responsible for: responding to chargebacks, maintaining transaction documentation, complying with card network chargeback rules, and absorbing chargeback losses.
Cobalt Payments Inc. is not liable to any Contractor for chargebacks arising from Consumer transactions, even where the Consumer used the ContractNearMe Platform to locate the Contractor.
9.7 Tax Reporting
Because Contractors hold individual MIDs with Cobalt as the acquiring bank, Cobalt is responsible for issuing IRS Form 1099-K to qualifying Contractors under applicable federal thresholds. ContractNearMe is not the 1099-K issuer for project transactions. Each Contractor is solely responsible for all federal, state, and local tax obligations arising from their business income, including income received through Platform-generated projects.
10. Background Checks & Credential Verification
10.1 Screening Program
As a condition of Platform listing, Contractors must complete a background screening administered through Checkr, Inc. (primary CRA) or Sterling Infosystems, Inc. or Verified First, LLC (secondary CRAs). The screening includes: criminal history search, sex offender registry check, identity verification, business lien search, and open litigation search. Driving record and credit checks are not included.
10.2 FCRA Compliance
Background checks are conducted under the Fair Credit Reporting Act (FCRA). Contractors have the right to: written disclosure before screening; written authorization (required before any check begins); a copy of the consumer report upon request; a Pre-Adverse Action Notice if platform access may be denied; reasonable time to dispute inaccurate information; and a Final Adverse Action Notice if access is denied. Adverse action decisions are made by Cobalt Payments Inc. Automated adverse action notices are sent to the Contractor’s email address on file. Contractors may dispute report contents directly with the applicable CRA named in the notice.
10.3 Verified Badge Disclaimer
Verified Badge disclaimer — The Verified Badge displayed on a Contractor’s profile indicates ONLY that specific credential checks were performed on specific past dates. It does NOT mean:
- ContractNearMe endorses or recommends the Contractor
- The Contractor’s work will meet any particular quality standard
- The Contractor is currently licensed (licenses are re-checked nightly but may lapse)
- The background check results will remain accurate over time
- ContractNearMe assumes any liability for the Contractor’s past, present, or future conduct
ContractNearMe and Cobalt are NOT responsible for any harm arising from reliance on a Verified Badge. Consumers must independently verify contractor credentials before engaging any services.
10.4 Nightly Re-Verification
ContractNearMe queries Connecticut state licensing databases nightly to check the status of Contractor credentials. If a license lapses, is suspended, or insurance coverage is confirmed expired, the Contractor’s Verified Badge will be suppressed and the Contractor will receive an in-app and email notification with an opportunity to cure within a reasonable period. ContractNearMe makes no guarantee that nightly re-verification will catch all credential changes immediately and is not liable for harms arising from any gap between a credential change and the Platform’s detection of that change.
10.5 Screening Cost
The cost of onboarding and annual renewal background screening is included in the Contractor Subscription fee. Cobalt reserves the right to modify which subscription tiers include screening services with 30 days’ advance notice.
11. User-Generated Content & Intellectual Property License
11.1 Contractor Content License
Contractors retain full copyright ownership of all Contractor Content (portfolio photos, project descriptions, business information) uploaded to the Platform. By uploading Contractor Content, you grant Cobalt Payments Inc. and ContractNearMe a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual license to: use, display, reproduce, distribute, modify, adapt, create derivative works of, and market the Contractor Content for any purpose related to the Platform, including advertising, promotional materials, press, investor materials, social media, and business development. This license survives termination of your account with respect to content that has been incorporated into marketing materials prior to termination.
11.2 Content Ownership
You represent and warrant that: (a) you own all rights to Contractor Content you upload, or have obtained all necessary permissions; (b) the content does not infringe any third-party copyright, trademark, trade secret, or privacy right; (c) the content accurately depicts your own completed work and does not misrepresent your capabilities or experience; and (d) you have obtained the consent of any identifiable individuals appearing in your content.
11.3 Review Content
Consumer reviews and ratings are User Content owned by the Consumer submitting them. By submitting a review, you grant Cobalt a perpetual, royalty-free license to display, distribute, and market that review. Cobalt reserves the right, at its sole discretion, to remove, moderate, or decline to publish any review that violates these Terms, is suspected to be fraudulent, or is the subject of a pending legal dispute.
11.4 ContractNearMe Intellectual Property
The Platform, including its software, algorithms, design, trademarks, service marks, logos, trade name “ContractNearMe,” matching technology, and all Platform-generated content, are owned by or licensed to Cobalt Payments Inc. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for its intended purpose. You may not: copy, modify, distribute, sell, or lease any part of the Platform; reverse engineer or attempt to extract source code; or use the Platform’s trademarks or trade name without Cobalt’s prior written consent.
11.5 Content Removal
Cobalt reserves the right to remove any User Content or Contractor Content at any time, without notice, for any reason including violation of these Terms, receipt of a valid DMCA notice, or Cobalt’s sole editorial judgment. Removal of content does not give rise to any claim against Cobalt.
12. B2B Sub-Contractor Marketplace
12.1 Directory Nature
The B2B Sub-Contractor Directory is a premium-tier discovery and search tool enabling General Contractors to locate trade sub-contractors operating in Connecticut. Access to the Directory requires an active qualifying Subscription tier.
12.2 Reduced Verification Standard
Sub-contractors listed in the Directory are NOT required to complete the same full verification process as primary Contractors. Sub-contractor listings may not carry the Verified Badge. General Contractors using the Directory are solely responsible for independently verifying the credentials, licensing, insurance, and suitability of any sub-contractor before engagement.
12.3 Platform Non-Involvement
B2B marketplace disclaimer — ContractNearMe and Cobalt Payments Inc. are NOT party to any arrangement, contract, subcontract, communication, or transaction between a General Contractor and a Sub-Contractor discovered through the B2B Sub-Contractor Directory.
ContractNearMe does not: facilitate contracts, mediate disputes, guarantee sub-contractor performance or qualifications, or assume any liability for any arrangement between GCs and subs.
All contracts, payments, disputes, insurance obligations, and legal compliance matters between General Contractors and Sub-Contractors are exclusively the responsibility of those parties. General Contractors agree to conduct full independent due diligence before engaging any Sub-Contractor found through the Directory.
13. Prohibited Conduct
The following conduct is strictly prohibited on the Platform. Violation may result in immediate account suspension or permanent termination, and may subject you to legal action:
- Submitting false, misleading, fraudulent, or speculative project requests or Contractor applications
- Creating duplicate or fictitious accounts
- Impersonating any person, business, or entity, or misrepresenting your identity or qualifications
- Using the Platform if you are under 18 years of age
- Posting false, defamatory, or fraudulent reviews
- Soliciting or accepting compensation in exchange for reviews
- Using Consumer contact information for any purpose other than the specific project for which it was provided
- Soliciting Consumers or Contractors to transact off-Platform to circumvent fees or Subscription arrangements
- Harassing, threatening, or abusing any user of the Platform
- Uploading Contractor Content that misrepresents your work, infringes third-party intellectual property, or depicts others without consent
- Reverse engineering, scraping, or extracting Platform data or technology
- Introducing malware, viruses, or harmful code to the Platform
- Attempting to gain unauthorized access to other user accounts or Platform systems
- Violating any applicable federal, Connecticut, or local law through use of the Platform
- Using the Platform to facilitate unlicensed contracting in violation of Connecticut law
- Providing false credential information, including expired or inapplicable licenses or insurance certificates
- Discriminating against Consumers based on race, color, religion, sex, national origin, disability, age, or any other protected class in providing or refusing to provide services
- Engaging in price-fixing, bid-rigging, or any other anti-competitive conduct through the Platform
14. Platform Non-Involvement, Limitation of Liability & Damages Cap
THIS SECTION CONTAINS CRITICALLY IMPORTANT LIMITATIONS ON COBALT’S AND CONTRACTNEARME’S LIABILITY. PLEASE READ IT CAREFULLY. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14.1 Platform Non-Involvement Statement
ContractNearMe and Cobalt Payments Inc. are technology intermediaries only. They are not parties to, guarantors of, or responsible for the performance of any Service Agreement between a Consumer and a Contractor. All obligations under a Service Agreement are solely between the contracting Consumer and Contractor.
14.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CONNECTICUT AND FEDERAL LAW, COBALT PAYMENTS INC. AND CONTRACTNEARME, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY “COBALT PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, OR ANTICIPATED SAVINGS
- DAMAGE TO PROPERTY, PERSONAL INJURY, OR DEATH ARISING FROM CONTRACTOR SERVICES
- ERRORS, OMISSIONS, OR INACCURACIES IN CONTRACTOR PROFILES, CREDENTIAL DISPLAYS, OR REVIEWS
- UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR DATA
- CONTRACTOR WORK QUALITY, DEFECTS, INCOMPLETE WORK, OR NON-PERFORMANCE
- CONSUMER FAILURE TO PAY, CANCEL, OR CHANGE SCOPE OF A PROJECT
- LEAD QUALITY, VOLUME, OR CONVERSION RATE
- PAYMENT DISPUTES, CHARGEBACKS, OR FAILED TRANSACTIONS BETWEEN CONSUMERS AND CONTRACTORS
- PLATFORM DOWNTIME, OUTAGES, BUGS, OR ERRORS
- ANY CONDUCT OR CONTENT OF ANY USER OF THE PLATFORM
- BACKGROUND CHECK ACCURACY OR COMPLETENESS
- CREDENTIAL VERIFICATION ERRORS OR GAPS BETWEEN NIGHTLY CHECKS
- ANY THIRD-PARTY SERVICES, LINKS, OR INTEGRATIONS
- ANY MATTER BEYOND COBALT’S REASONABLE CONTROL
14.3 Aggregate Damages Cap
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COBALT PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO COBALT IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES TO ALL CLAIMS IN THE AGGREGATE, NOT PER INCIDENT.
14.4 Essential Basis
THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. COBALT WOULD NOT PROVIDE THE PLATFORM WITHOUT THESE LIMITATIONS. THESE LIMITATIONS APPLY EVEN IF COBALT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14.5 Disclaimer Locations
The platform non-involvement disclaimer set forth in this Section is also displayed prominently at the following locations throughout the Platform: onboarding flow (new user screens 2 and 4), project request submission confirmation screen, quote acceptance confirmation screen, payment initiation screen, project dashboard footer, contractor profile page footer, and the Privacy Policy. By proceeding past any of these screens, you reaffirm your acceptance of these limitations.
15. Warranty Disclaimer
THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COBALT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES OF TITLE, ACCURACY, RELIABILITY, AVAILABILITY, OR SUITABILITY
- WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
- WARRANTIES REGARDING THE QUALITY, WORKMANSHIP, OR FITNESS OF ANY CONTRACTOR’S WORK
- WARRANTIES THAT BACKGROUND CHECK RESULTS ARE COMPLETE, ACCURATE, OR CURRENT
- WARRANTIES REGARDING THE ACCURACY OF CONTRACTOR PROFILES, REVIEWS, OR CREDENTIAL DISPLAYS
- WARRANTIES THAT LEADS WILL RESULT IN CONTRACTED PROJECTS OR REVENUE
- WARRANTIES REGARDING THE SOLVENCY, CHARACTER, OR COMPETENCE OF ANY CONTRACTOR OR CONSUMER
NO ORAL OR WRITTEN INFORMATION PROVIDED BY COBALT CREATES A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES; IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Indemnification
16.1 User Indemnification of Cobalt
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COBALT PAYMENTS INC., CONTRACTNEARME, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY “COBALT INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, COSTS, PENALTIES, FINES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO:
- Your use of or access to the Platform
- Your violation of any provision of this Agreement or any applicable law or regulation
- Your User Content or Contractor Content, including any claim of infringement, defamation, or false review
- Any work performed by you as a Contractor, including claims of property damage, personal injury, death, defective workmanship, or failure to perform
- Any payment dispute, chargeback, or collections matter between you and another user
- Your failure to maintain required licenses, insurance, or permits
- Any TCPA violation arising from your communications with other Platform users
- Any tax liability arising from your use of the Platform or income received through it
- Any claim that you misrepresented your credentials, qualifications, or identity on the Platform
- Any dispute between you and any other user of the Platform, including B2B sub-contractor arrangements
- Any third-party claim resulting from your acts, omissions, or misconduct on or off the Platform
16.2 Defense & Control
Cobalt reserves the right, at its own expense, to assume exclusive control of any matter subject to indemnification by you. You agree to cooperate with Cobalt’s defense of such claims and not to settle any indemnified claim without Cobalt’s prior written consent.
17. Dispute Resolution Between Users
Platform non-involvement in user disputes — ContractNearMe and Cobalt Payments Inc. do NOT mediate, arbitrate, adjudicate, or resolve disputes between Consumers and Contractors, or between General Contractors and Sub-Contractors.
This means ContractNearMe will not:
- Review evidence submitted by either party in a Consumer-Contractor dispute
- Issue determinations about work quality or contract performance
- Order refunds, credits, or payments between users
- Suspend a Contractor’s account solely based on a Consumer complaint without independent grounds
- Assume responsibility for the outcome of any user-to-user dispute
Consumers and Contractors must resolve disputes directly. Options include:
- Direct negotiation between the parties
- Payment chargeback through the Consumer’s card issuer (subject to card network rules)
- Connecticut small claims court (for disputes within jurisdictional limits)
- Mediation through a mutually agreed-upon third-party mediator
- Legal action in a court of competent jurisdiction in Connecticut
ContractNearMe may, but is not obligated to, suspend a Contractor’s account if credible evidence of fraudulent, illegal, or severely harmful conduct is presented. Such action is taken at Cobalt’s sole discretion and does not make Cobalt a party to the underlying dispute.
18. Third-Party Links & Services
The Platform may contain links to third-party websites, applications, or services, including state licensing boards, insurance providers, and financing partners. ContractNearMe does not control, endorse, or assume responsibility for the content, privacy practices, or availability of any third-party service. Your use of third-party services is at your own risk and subject to their terms and privacy policies. ContractNearMe is not liable for any harm arising from your interaction with third-party services accessed through or in connection with the Platform.
19. Binding Arbitration & Class Action Waiver
IMPORTANT: THIS SECTION REQUIRES YOU TO RESOLVE DISPUTES WITH COBALT THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. IT ALSO WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS-WIDE ARBITRATION. READ THIS SECTION CAREFULLY.
19.1 Agreement to Arbitrate
Except as provided in Section 19.5 (Exceptions), any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, or any transaction or relationship between you and Cobalt — including disputes about the validity, enforceability, or scope of this arbitration provision — shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, in effect at the time of filing.
19.2 Arbitration Procedure
Arbitration shall be conducted in New Haven County, Connecticut, or by telephone, video conference, or document submission if either party requests and the arbitrator agrees. The arbitration shall be conducted by a single neutral arbitrator. The arbitrator shall apply Connecticut law and these Terms. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear their own arbitration costs unless the arbitrator determines that applicable law requires otherwise.
19.3 Informal Resolution First
Before filing any arbitration demand, the complaining party must provide written notice to the other party describing the claim and the requested relief. The parties agree to attempt to resolve the dispute informally for at least 30 days after such notice is received. This 30-day informal period is a prerequisite to arbitration. Notice to Cobalt must be sent to: support@contractnearme.com, subject line: “Dispute Notice.”
19.4 Class Action Waiver
YOU AND COBALT EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID AND THE DISPUTE SHALL PROCEED IN COURT.
19.5 Exceptions to Arbitration
The following claims are excluded from the mandatory arbitration requirement and may be brought in court: (a) claims within the jurisdictional limits of Connecticut small claims court; (b) claims for injunctive or equitable relief to prevent actual or threatened infringement of intellectual property rights; (c) claims to enforce an arbitration award; and (d) claims that applicable law expressly requires to proceed in court. Nothing in this Section prevents either party from seeking emergency injunctive relief from a court pending arbitration.
19.6 Opt-Out Right
You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to support@contractnearme.com, subject line: “Arbitration Opt-Out.” Opting out does not affect any other provision of these Terms. Opting out means disputes will be resolved in court subject to Section 20.
20. Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict-of-laws principles. For any dispute not subject to arbitration under Section 19, or if the arbitration provision is found unenforceable, the parties irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in New Haven County, Connecticut. You waive any objection to such venue based on inconvenience of forum.
21. Termination & Suspension
21.1 Termination by Cobalt
Cobalt reserves the right, at its sole discretion and without prior notice, to immediately suspend, restrict, or permanently terminate your account and access to the Platform for any reason, including but not limited to: material breach of this Agreement; violation of applicable law; fraudulent, deceptive, or harmful conduct; failure to maintain required credentials; non-payment of Subscription fees; or any conduct that Cobalt reasonably determines is harmful to the Platform, other users, or Cobalt’s reputation or business interests.
21.2 Effect of Termination
Upon termination: (a) your right to access the Platform immediately ceases; (b) Cobalt may delete your account data subject to legal retention obligations; (c) all outstanding Subscription fees become immediately due; (d) the intellectual property license granted by Contractors in Section 11 survives for content already incorporated into marketing materials; (e) Sections 14, 15, 16, 19, and 20 survive termination and remain enforceable; and (f) you remain liable for any obligations or liabilities incurred prior to termination.
21.3 Termination by User
You may terminate this Agreement at any time by deleting your account as described in Section 4.4. Termination by you does not entitle you to any refund of Subscription fees paid, except as required by Connecticut law. You remain responsible for any obligations that arose before the termination date.
21.4 Cobalt’s Right to Modify the Platform
Cobalt reserves the right to modify, suspend, or discontinue the Platform (or any feature thereof) at any time, with or without notice. Cobalt shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.
22. Modifications to Terms
Cobalt reserves the right to modify these Terms of Service at any time. Material changes will be communicated by: (a) posting the updated Terms at contractnearme.com/terms with a new effective date; (b) displaying an in-app notification on your next login; and (c) sending an email to your address on file for changes that materially affect your rights. Your continued use of the Platform after the updated effective date constitutes your acceptance of the modified Terms. If you do not agree to any modification, you must stop using the Platform and delete your account before the effective date.
23. TCPA Consent
By providing your mobile phone number and completing the consent gate during account creation or project submission, you expressly consent to receive automated SMS text messages from ContractNearMe at the number provided, for transactional purposes (OTP verification, project alerts, lead distribution notices, credential renewal reminders) and, with separate consent, marketing purposes (promotional messages about Platform features and offers). Consent is not a condition of any purchase. Message & data rates may apply. Message frequency varies. To opt out of all SMS at any time, reply STOP to any ContractNearMe message. Opt-outs are processed within 10 business days and apply across all ContractNearMe SMS channels. For help, reply HELP or contact support@contractnearme.com. Cobalt logs TCPA consent events — including date, time, IP address, and device identifier — as immutable records retained for 4 years. ContractNearMe does not use automated dialers or pre-recorded voice messages.
24. DMCA Policy
ContractNearMe respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe content on the Platform infringes your copyright, send a written DMCA takedown notice to support@contractnearme.com with subject line “DMCA Takedown Request.” Your notice must include: (1) identification of the copyrighted work claimed to be infringed; (2) identification of the allegedly infringing material and its location on the Platform; (3) your full name, address, telephone number, and email; (4) a statement that you have a good-faith belief the use is not authorized; (5) a statement under penalty of perjury that the information is accurate and you are the rights owner or authorized to act; and (6) your physical or electronic signature. Upon receiving a valid DMCA notice, Cobalt will investigate and, where appropriate, remove or disable access to the allegedly infringing content and notify the user who posted it. Repeat infringers will have their accounts terminated.
25. Miscellaneous
25.1 Entire Agreement
This Agreement, together with the Privacy Policy and Contractor Subscription Agreement (for Contractors), constitutes the entire agreement between you and Cobalt regarding the Platform and supersedes all prior agreements, representations, or understandings, whether written or oral.
25.2 Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.
25.3 Waiver
Cobalt’s failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Cobalt Payments Inc.
25.4 Assignment
You may not assign or transfer any rights or obligations under this Agreement without Cobalt’s prior written consent. Cobalt may assign this Agreement, in whole or in part, in connection with a merger, acquisition, sale of assets, corporate reorganization, or spin-out of the ContractNearMe business, without your consent but with notice as provided in the Privacy Policy.
25.5 Force Majeure
Cobalt shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, acts of government, war, terrorism, pandemic, labor disputes, internet or telecommunications failures, or third-party service outages.
25.6 No Third-Party Beneficiaries
This Agreement is solely for the benefit of you and Cobalt Payments Inc. Nothing in this Agreement creates any right or cause of action in any third party, including any Contractor claiming benefits as a result of a Consumer’s use of the Platform, or any Consumer claiming benefits as a result of a Contractor’s actions.
25.7 Relationship of Parties
Nothing in this Agreement creates an employment, agency, franchise, joint venture, or partnership relationship between you and Cobalt. No Contractor is an employee, agent, or representative of Cobalt or ContractNearMe in any capacity.
25.8 Electronic Communications
You consent to receive communications from Cobalt electronically, including through in-app notifications, push notifications, email, and SMS. Electronic communications satisfy any legal requirement that communications be in writing. You acknowledge that electronic records satisfy the writing requirements of the Connecticut Electronic Transactions Act.
25.9 Future Entity
ContractNearMe is currently operated as a division of Cobalt Payments Inc. It is anticipated that ContractNearMe will be incorporated as a separate legal entity at an undetermined future date. Any such separation will be governed by the Business Transfers provisions of the Privacy Policy and applicable provisions of this Agreement. References to “Cobalt” in this Agreement will transfer to the successor entity upon completion of any such spin-out.
25.10 Headings
Section headings are for convenience only and shall not affect the interpretation of this Agreement.
BY USING THE PLATFORM, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, THE PRIVACY POLICY, AND ALL POLICIES INCORPORATED HEREIN BY REFERENCE, INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN SECTION 19.