Terms of Service

Welcome to SameDaay. These Terms of Service ("Terms") govern your use of the SameDaay mobile application and website (collectively, the "Platform") operated by SameDaay LLC, a North Carolina limited liability company ("SameDaay," "we," "our," or "us"). By creating an account or using our Platform you agree to these Terms. If you do not agree, do not use the Platform.

1. About SameDaay

SameDaay is a two-sided marketplace that connects local service providers who have cancelled or available same-day appointment slots with buyers who wish to book those services at a discounted price. SameDaay is not a service provider. We do not employ service providers, and we are not responsible for the quality, safety or legality of services rendered by providers listed on our Platform.

2. Eligibility

You must be at least 18 years of age to use SameDaay. By using the Platform you represent and warrant that you are 18 or older and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of a business you represent that you have authority to bind that business to these Terms.

3. Accounts

3.1 Buyer Accounts

Buyers may register using their name, email address and city. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and current information.

3.2 Service Provider Accounts

Service providers must complete a full application including submission of a valid EIN number, business address, proof of social media or web presence and agreement to all compliance checkboxes. All provider accounts are subject to review and approval by SameDaay. We reserve the right to reject, suspend or terminate any provider account at our sole discretion.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, poor ratings or any conduct we deem harmful to the Platform or its users.

4. Listings and Bookings

4.1 Provider Listings

Service providers may post available same-day appointment slots on the Platform. All listings are subject to admin review and approval before becoming visible to buyers. Providers represent that all listing information including pricing, service description, location and availability is accurate and that they will honor all approved bookings.

4.2 Booking and Payment

When a buyer completes a booking and payment is successfully processed, a binding agreement is formed between the buyer and the service provider. SameDaay facilitates this transaction but is not a party to the service agreement between buyer and provider.

Payments are processed through Stripe. SameDaay collects a 15% platform commission from the provider on each completed booking. These fees are non-negotiable and are automatically deducted at the time of payment.

4.3 Cancellations and Refunds

• Due to the fact that these appointments are same day appointments, refunds will not be issued as the service provider will not likely be able to recoup their losses.

5. Ratings and Reviews

Both buyers and providers may rate and review each other following a completed appointment. Ratings must be honest, accurate and based on actual experience. SameDaay reserves the right to remove any review that violates these Terms, is fraudulent, offensive or otherwise inappropriate. Manipulation of the ratings system is grounds for immediate account termination.

6. Messaging

SameDaay provides a structured pre-booking messaging system and a post-booking messaging feature. Users may not share personal contact information including phone numbers, email addresses or social media handles through the messaging system. Violations of this policy may result in account suspension. All messages are subject to monitoring for safety and compliance purposes.

7. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose
• Circumvent the Platform by arranging off-platform payments to avoid SameDaay fees
• Post false, misleading or fraudulent listings
• Harass, threaten or abuse other users
• Manipulate ratings or reviews
• Use the Platform if you are under 18 years of age
• Attempt to hack, reverse engineer or disrupt the Platform
• Impersonate any person or entity
• Collect user data without consent

8. Provider Obligations

Service providers agree that they:

• Are legally registered and licensed to operate their business in their jurisdiction
• Comply with all applicable local, state and federal laws and regulations
• Will honor all approved bookings and arrive on time
• Will provide services as described in their listing
• Will maintain a valid Stripe Connect account to receive payouts
• Accept that payouts are released 7 days after appointment completion

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SAMEDAAY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. WE DO NOT ENDORSE, VERIFY OR GUARANTEE ANY SERVICE PROVIDER LISTED ON THE PLATFORM.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMEDAAY LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR SERVICES BOOKED THROUGH THE PLATFORM. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO SAMEDAAY IN THE THREE MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend and hold harmless SameDaay LLC and its officers, directors, employees and agents from any claims, liabilities, damages, losses and expenses including reasonable attorney fees arising from your use of the Platform, your violation of these Terms, or your violation of any rights of another party.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of North Carolina without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in Raleigh, North Carolina, except that either party may seek injunctive relief in a court of competent jurisdiction.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Platform. Your continued use of the Platform after changes take effect constitutes your acceptance of the revised Terms.

14. Contact Us

If you have any questions about these Terms please contact us at: