Terms of Service

1. Acceptance of Terms

By accessing or using the DaVinca platform ("Platform"), operated by DaVinca LLC, a Nevada Limited Liability Company ("DaVinca," "we," "us," or "our"), you ("User," "Consumer," or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform.

2. Nature of the Platform

DaVinca is a technology-based marketplace and matching platform. DaVinca connects consumers seeking real estate-related services with independent, third-party service providers ("Providers"). DaVinca is:

• NOT a general contractor, subcontractor, or employer of any Provider.
• NOT a real estate broker, agent, or licensee.
• NOT a guarantor of any Provider's work quality, timeliness, or outcome.
• NOT a party to any contract between a Consumer and a Provider.

DaVinca's role is limited to: (a) vetting Providers through our verification process, (b) matching Consumers with appropriate Providers using AI-powered technology, and (c) facilitating communication between the parties.

3. Consumer Responsibilities

As a Consumer using the Platform, you acknowledge and agree that:

• You are hiring the Provider directly. The service agreement is between you and the Provider.
• DaVinca conducts thorough vetting of all Providers on your behalf — including license verification, insurance confirmation, background checks, and portfolio review — so you can hire with confidence. However, the final decision to engage a Provider remains yours.
• You will communicate project scope, expectations, and timelines directly with the Provider before work begins.
• You will obtain written estimates or contracts from the Provider before authorizing any work.
• DaVinca's "Verified" or "Approved" status indicates that a Provider has passed our comprehensive vetting process at the time of their application. While DaVinca continuously monitors provider quality through our accountability system, this does not constitute an ongoing warranty or guarantee of future performance.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• DaVinca shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to any Provider's work, conduct, or services.
• DaVinca's total liability to any User shall not exceed the amount of fees paid by that User to DaVinca in the twelve (12) months preceding the claim.
• DaVinca does not guarantee the availability, accuracy, or completeness of any Provider information displayed on the Platform.

5. Dispute Resolution Between Consumer and Provider

If a dispute arises between a Consumer and a Provider regarding the quality, scope, or outcome of services:

1. Step 1 — Direct Resolution: Consumer and Provider should attempt to resolve the issue directly between themselves.
2. Step 2 — DaVinca Review: If direct resolution fails, either party may submit a formal complaint to DaVinca. DaVinca will review the complaint and may take action against the Provider's platform status (see Section 6).
3. Step 3 — External Resolution: If the dispute remains unresolved, parties may pursue remedies through small claims court, mediation, or other legal channels. DaVinca is not a party to such proceedings.

Note: DaVinca's complaint review process is an internal quality-control mechanism, not a legal adjudication. DaVinca's decisions regarding Provider status are final and at DaVinca's sole discretion.

6. Provider Accountability System

DaVinca maintains a structured accountability system to protect Consumers and maintain platform quality:

Severe incidents include but are not limited to: property damage, theft, no-show on paid work, harassment, fraud, or misrepresentation of credentials. A single severe incident may result in immediate permanent removal without prior warnings.

7. Binding Arbitration & Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform shall be resolved through binding arbitration administered by JAMS or the American Arbitration Association (AAA) in Clark County, Nevada.

• Both parties waive the right to a jury trial.
• Both parties waive the right to participate in a class action, collective action, or representative proceeding.
• The arbitrator's decision shall be final and binding.
• This arbitration clause shall survive termination of these Terms.

8. Indemnification

You agree to indemnify, defend, and hold harmless DaVinca LLC, its members, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform, (b) your interaction with any Provider, (c) any breach of these Terms, or (d) any violation of applicable law.

9. Privacy & Data

DaVinca collects and processes personal information in accordance with applicable privacy laws, including the California Consumer Privacy Act (CCPA). By using the Platform, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. You have the right to request access to, correction of, or deletion of your personal data.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Clark County, Nevada.

11. Modifications

DaVinca reserves the right to modify these Terms at any time. Material changes will be communicated via the Platform or email. Continued use of the Platform after modifications constitutes acceptance of the updated Terms.

12. Contact

For questions regarding these Terms of Service, contact DaVinca LLC at the address provided on the Platform or through our official communication channels.