HalpMe Global Terms of Service

1. The Platform

A. Online Marketplace

HalpMe is a technology platform that connects Customers (individuals or businesses seeking assistance, hereinafter referred to as "Halps") with Halpers (independent individuals or businesses that act as service providers offering their expertise). The Platform facilitates connections between Customers and Halpers but does not provide, manage, or supervise the Halps or Halpers directly.

Halpers operate as independent contractors who use the Platform to offer their expertise at their own rates and under their own terms. Customers and Halpers are collectively referred to as "Users."

B. Role of HalpMe

• Facilitator Only: HalpMe acts solely as a facilitator, providing the Platform as a marketplace for Users to connect and manage Halps. HalpMe is not responsible for employment tax, social contributions, or any legal obligations between Users.
• No Employment Relationship: HalpMe does not employ, supervise, or manage Halpers. HalpMe makes no guarantees regarding the quality, timing, legality, or completion of Halps performed by Halpers.
• Independent Decisions: Users are responsible for their independent decisions, including selecting Halpers or agreeing to terms for Halps.

C. User Responsibility

Users acknowledge that HalpMe is not a contracting intermediary, employer, or service provider. Customers and Halpers must resolve any disputes between themselves directly.

D. License to Use the Platform

Subject to these Terms, HalpMe grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Platform in accordance with the Terms. All rights not expressly granted are reserved. HalpMe does not guarantee uninterrupted or error-free access to the Platform. Users are solely responsible for their actions and compliance with applicable laws.

2. Use of the Platform

Users agree to comply with all applicable laws, including Estonian and EU regulations, when using the Platform.

A. Eligibility

To access and use the Platform, you must:

• Be at least 18 years old or the age of majority in your jurisdiction.
• Have the legal capacity to enter into binding agreements.
• Provide accurate and truthful information during registration.

Failure to provide updated and accurate details may result in suspension or termination of your account.

B. User Account

• Registration: Users must create an account to access certain Platform features. Registration requires providing accurate and complete information.
• Account Security: Users are responsible for maintaining the confidentiality of their account credentials and for all activities under their account.
• Prohibited Actions: Users may not:
  • Use the Platform for illegal purposes.
  • Create multiple accounts to circumvent restrictions.
  • Transfer, share, or allow others to operate their account without prior consent from HalpMe.
  • Fail to comply with payment obligations outlined in the Fees, Payments, and Cancellation Supplemental Terms.

C. User Obligations

Users must:

• Treat Halpers and Customers professionally and respectfully.
• Provide all necessary details and be available at the agreed time and location for the Halp.
• Avoid abusive, harassing, or discriminatory behaviour.
• Respect the privacy of Halpers and use their information solely for arranging and completing Halps.
• Avoid collecting or sharing sensitive Halper data without consent.

Users must not:

• Engage in fraudulent activities (e.g., posting false requests or failing to pay).
• Manipulate reviews or disrupt the Platform's functionality.

D. Halper Obligations

• Comply with all local and national laws, including those regarding professional licensing and taxation.
• Accurately describe expertise and qualifications and are solely responsible for the performance of their Halps.
• Ensure meeting all legal and professional requirements to perform Halps.
• Take responsibility for the quality of services provided and compliance with legal requisites.
• Honour all scheduled services once accepted and paid for.

E. Customer Obligations

• Profile Accuracy: Provide truthful and complete information in profiles and Halp requests.
• Payments: Responsible for all fees and charges associated with Halp requests.
• Disputes: Report disputes promptly to HalpMe.
• Prohibited Requests: Must not request illegal or unsafe Halps.
• Cancellations: Must follow Platform policies to avoid penalties.
• Halp Locations: Must guarantee safe and legally compliant locations.
• Tools and Materials: Provide necessary tools unless agreed otherwise.
• Punctuality: Must be punctual for scheduled Halps:
  • Halpers are only required to wait 10 minutes before marking as no-show.
  • Delays may result in shortened service time or additional charges.

3. Fees, Payments, and Cancellation

• Users agree to the fees, billing terms, and payment policies outlined in our Fees, Payments, and Cancellation Supplemental Terms.
• Halps will be considered provided by default unless marked as 'no-show' within 24 hours.
• Payments must be made through third-party Payment Service Providers (PSPs).
• Refunds must be requested within 24 hours of Halp completion.
• Platform fees are non-refundable unless explicitly stated.

4. Promotions and Contests

HalpMe may run promotions and contests. Participation is voluntary and subject to additional terms provided at the time of the promotion.

5. Public Areas

A. Community Features

The Platform may include public areas such as forums, reviews, or messaging tools that allow Users to share content and communicate.

B. User Content

By posting content in public areas, you grant HalpMe a non-exclusive, perpetual, royalty-free, worldwide licence to use, reproduce, and display your content for operational and promotional purposes.

C. Prohibited Content

Users must not post:

• Content that is unlawful, defamatory, or harassing.
• Content that infringes on intellectual property rights or privacy.
• Spam, advertisements, or unauthorised solicitations.

D. Monitoring

HalpMe reserves the right to monitor, edit, or remove content that violates these Terms or applicable laws but is not obligated to do so.

6. Deactivation and Suspension

A. Grounds for Deactivation or Suspension

HalpMe may deactivate or suspend your account if:

• You violate these Terms or applicable laws.
• You engage in fraudulent, abusive, or harmful behaviour.
• Your actions compromise the integrity of the Platform.

B. Notice of Suspension

HalpMe will provide notice of suspension or deactivation, unless prohibited by law, and may offer an opportunity to appeal the decision within 14 days of notice.

C. Prohibition on Re-Registration

Suspended or deactivated Users are prohibited from creating new accounts without prior written consent from HalpMe.

7. Termination

A. Termination by Either Party

Either party may terminate this Agreement at any time by ceasing use of the Platform. Users must comply with outstanding obligations.

B. Impact of Termination on Scheduled Halps

C. Outstanding Fees

Upon termination, any outstanding fees remain payable, including:

• Platform fees owed to HalpMe.
• Payment for completed or partially completed Halps.
• Cancellation fees.

8. User-Generated Content

You retain ownership of the content you post but grant HalpMe the right to use, display, and distribute it as part of the Platform's operations.

9. Intellectual Property Rights

A. Ownership

All materials and content on the Platform are the exclusive property of HalpMe or its licensors, protected by intellectual property laws.

B. Limited License

HalpMe grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Platform solely for personal, non-commercial purposes.

C. User Content

By submitting content, you grant HalpMe a worldwide, perpetual, royalty-free license to use such content for any purpose.

D. Restrictions

You may not:

• Copy, modify, or distribute any Proprietary Materials without permission.
• Reverse engineer or attempt to extract source code.
• Use Proprietary Materials in an infringing manner.

10. Links to Third-Party Websites

The Platform may contain links to third-party websites or services. These links are provided solely for convenience, and HalpMe does not endorse or control these third-party websites. You acknowledge and agree that:

• HalpMe is not responsible for the availability, accuracy, content, or practices of any third-party websites.
• Access to third-party websites is at your own risk.
• HalpMe disclaims all liability for any damages or losses arising from your use of third-party websites.

11. Copyright Complaints and Copyright Agent

HalpMe respects intellectual property rights and complies with applicable copyright laws. If you believe content on the Platform infringes your copyright, please provide a written notice to our designated Copyright Agent at [email protected], including:

• A description of the copyrighted work and the alleged infringement.
• Identification of the infringing material with sufficient detail for us to locate it.
• Your contact information (name, address, email, and phone number).
• A statement affirming your good-faith belief that the use is unauthorised.
• A declaration that the information is accurate and you are authorised to act.
• Your electronic or physical signature.

12. Disclaimer of Warranties

A. General Disclaimer

The Platform is provided "as is" and "as available," without any express or implied warranties. HalpMe disclaims:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties regarding accuracy, reliability, or availability of the Platform.

B. User Responsibility

You acknowledge that:

• HalpMe does not guarantee uninterrupted or error-free access.
• HalpMe is not responsible for verifying Halpers' qualifications or Halps quality.

13. Limitation of Liability

To the fullest extent permitted by law:

• HalpMe is not liable for indirect, incidental, consequential, or punitive damages.
• HalpMe's total liability is limited to the greater of €100 or fees paid in the previous six months.
• This limitation does not exclude liability for gross negligence or willful misconduct.

14. Indemnification

You agree to indemnify and hold harmless HalpMe from any claims arising out of:

• Your use of the Platform.
• Your breach of these Terms.
• Your violation of third-party rights.

15. Dispute Resolution

A. Governing Law

These Terms are governed by the laws of Estonia.

B. Informal Resolution

Before initiating legal proceedings, attempt to resolve disputes informally by contacting [email protected].

C. Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration in Tallinn, Estonia.

D. Consumer Rights

Nothing affects your statutory rights as a consumer under Estonian or EU laws.

16. Changes to the Agreement, Platform, and App

A. Modifications to Terms

HalpMe reserves the right to update these Terms. Changes will be communicated through the Platform or email.

B. Platform Changes

HalpMe may modify, suspend, or discontinue any part of the Platform without notice.

C. App Updates

By using the App, you agree to automatic updates that may change features or functionality.

17. No Rights of Third Parties

These Terms do not create rights enforceable by third parties. Only you and HalpMe have the right to enforce these Terms.

18. Notices and Consent to Receive Notices Electronically

A. Notices

Notices will be delivered electronically via your registered email. You are responsible for keeping contact information current.

B. Consent

By using the Platform, you consent to receive all communications electronically. Electronic notices are deemed received when sent.

19. Consent to Electronic Signatures

By accessing or using the Platform, you agree that your electronic signature has the same legal effect as a physical signature.

20. Governing Law

This Agreement is governed by the laws of Estonia. Any disputes will be resolved in Estonian courts unless otherwise required by applicable law.

21. General Provisions

These Terms constitute the entire agreement between you and HalpMe. If any provision is deemed invalid, the remaining provisions will remain in effect.

Acknowledgment

By accessing or using the Platform, you confirm that you:

• Have read, understood, and agree to these Terms and the accompanying Privacy Policy.
• Acknowledge the limitations of liability and disclaimers.