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HelloMaaS Terms of Service
Updated: October 7, 2018
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT” OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL TERMS PROVIDED BY US. If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.
The HelloMaaS Platform and Services
- The Platform and the Services may enable individuals and businesses (“Client” or “Clients”) to seek advice and consulting services directly from independent third party professionals (“Marketer” or “Freelancers”), including, but not limited to, the provision of marketing plans, execution, operations and other any other deliverables, work products, and advice (collectively, “Marketing Services”).
- HelloMaaS may make available information and interactive planners or other applications or software to you as self-help tools for your independent use. We cannot and do not guarantee their applicability or accuracy in regard to your individual circumstances. All examples are hypothetical and are for illustrative purposes. We encourage you to seek personalized advice from qualified professionals.
- All persons who use the Platform and Services are bound by this Agreement and you understand that this Agreement applies to you if you are a Client or a Freelancer.
Overview of our Service
HelloMaaS offers a service in the form of a technology platform and marketplace that empowers Clients and Freelancers to connect, communicate, buy and sell marketing services. HelloMaaS also offers a search product on the Platform, where Users can discover Service packages, Expert Advice and Freelancers using the Platform and Service to connect and transact.
HelloMaaS is not a marketing agency. We help you connect with HelloMaaS members, and are here to help you connect with Freelancers and Experts on HelloMaaS.
The Relationship between Clients, Freelancers and HelloMaaS
- You understand the Services may enable Clients to communicate with and engage with a Freelancer or Expert directly for the provision of Marketing Services (each such engagement, a “Transaction”).
- You understand that any Transaction is a binding contract between you and the Client or Marketer, as applicable, and that HelloMaaS is not a party to any such contract and is not a party to any Transaction.
- You understand that Freelancers are neither employees, nor agents, nor representatives of HelloMaaS. No agency relationship, partnership or employment relationship exists between HelloMaaS, Clients and Freelancers or can be construed by these Terms and usage of the Platform and Services. You understand that any Marketing Services obtained through the Platform and/or Services are not provided by HelloMaaS, but are provided by Freelancers directly. You are solely responsible for every Transaction that you engage in.
- You understand that HelloMaaS does not supervise, monitor, train, or manage its members, nor do we determine hours, pricing/rates or processes in which their work is performed. HelloMaaS does not provide instructions, training or tools.
- You understand that HelloMaaS encourages that you use and employ the communication tools made available through the Platform and Services to communicate directly. We recommend you strongly to glean as much information and communicate with Client and/or Marketer as possible regarding any Transaction you intend to enter into.
- Freelancers or Clients, may discuss and exchange confidential or sensitive information. Neither HelloMaaS, nor the Platform or the Services, provides counsel or advice to you as to when, to whom, and how you disclose or choose not to disclose any such information. We strongly recommend that Freelancers and Clients enter into an agreement requiring the other party to maintain the confidentiality of all nonpublic business information that may be disclosed in the process of contemplating and in the performance of a Transaction.
- HELLOMAAS IS NOT RESPONSIBLE FOR THE MARKETING SERVICES PROVIDED BY ANY MARKETER, WHETHER ONLINE OR OFFLINE, AND WILL NOT BE LIABLE FOR ANY INJURY, DAMAGE, OR CLAIM ARISING OUT OF OR IN CONNECTION WITH ANY MARKETING SERVICES PROVIDED BY ANY MARKETER OR THE CONDUCT OF ANY MARKETER, CLIENT, OR OTHER USER. BY USING THE SITE AND/OR SERVICES, YOU AGREE THAT HELLOMAAS SHALL NOT BE HELD LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES THAT MAY ARISE OUT OF THE PROVISION OR REQUESTING OF MARKETING SERVICES VIA THE SITE AND/OR SERVICES.
Terms Applicable to Freelancers
- You, and not HelloMaaS, are solely responsible for determining your fees and rates for Marketing Services, along with any additional costs (for example, the cost of content licenses) to be factored into such rate (“Transaction Fee”). HelloMaaS will add a Platform Fee for providing the Services to you (“Platform Fee”). By signing up you authorize HelloMaaS to automatically add its Platform Fee to your Transaction Fee. Therefore, when determining your Transaction Fee, you should keep in mind that our Platform Fee will be added on top of the Transaction Fee that you provide and the sum of the Transaction Fee and the Service Fee is what will be charged to the applicable Client.
- If a Transaction will require more or less time than originally anticipated, or if the scope of the Marketing Services to be provided changes, the Client and Provider may agree upon an increase or a decrease in the Transaction Fee. Upon agreement to an increase a decrease in a Transaction Fee, Marketer shall modify the Transaction Fee to reflect the change. HelloMaaS shall not be involved in any negotiations regarding Transaction Fee increases or decreases. HelloMaaS does not guarantee any minimum amount of Transactions or that you will receive any requests for Marketing Services at all.
- Freelancer will need to create a profile on the Platform (“Profile”) in order to transact. This may include but is not limited to work history, experience, availability, rates, client and other information. This Profile displays publicly on HelloMaaS but only accessible for members and behind password and login. By creating a Profile, you agree to give an accurate, current and true representation of your business offerings or needs to other Users of the Service. Any information disclosed in a Profile is considered User Content (as defined below) for purposes of these Terms.
- Users operating in the regions the Service serves can submit their Profile to HelloMaaS for review to create a Peep Account. Users acknowledge that by submitting their Profile to become a HelloMaaS member, we are not performing any background or quality checks, nor vetting any individual or business. The purpose is to ensure that Freelancers meets the eligibility requirements mentioned above.
- You are solely responsible for performing Marketing Services in connection with any Transaction, including but not limited to obtaining all information, data, content, materials, software, tools, licenses, and other items required in order to provide the Marketing Services. Each Marketer shall maintain a high standard of professionalism, including but not limited to maintaining industry standard tools and knowledge. You acknowledge and agree that Clients may rate each Marketer who performs Marketing Services, and that HelloMaaS may terminate your account if you receive low ratings or if HelloMaaS receives a complaint from a Client, in its sole discretion.
- Under no circumstances shall Freelancers solicit Clients referred to you via HelloMaaS except through the Platform and/or Services. HelloMaaS reserves the right to charge a Freelancer, or to deduct from amounts owed to Freelancer hereunder, a referral fee if a he/she successfully solicits a Client who was originally referred to Marketer via the Platform.
Terms Applicable to Clients
- You understand and agree that when you enter into a Transaction with a Freelancer, the HelloMaaS Platform Fee is automatically added to the Transaction Fee provided by the Marketer in order to pay for our operational and technology costs.
- You understand and agree that although HelloMaaS may undertake limited research and verification in connection with the Freelancers using the Platform and/or Services, HelloMaaS does not and cannot provide any guarantee regarding the qualifications, expertise, experience, training, or general work history and background of any Freelancer and Expert.
- You understand and agree that while HelloMaaS will from time to time use reasonable efforts to update information posted on the Platform and Services generally, under no circumstances will HelloMaaS be liable for any loss or damage caused by your reliance on any information, opinion, advice, or statement available on or through the Platform or Services.
- You further understand that it is your duty to confirm or verify any information provided by any Freelancers and that you bear the sole risk of relying on any such information.
- You understand and agree that HelloMaaS does not guarantee, under any circumstances, that you will receive the intended benefit or results of any Marketing Services or Transaction.
- You understand and agree that HelloMaaS does not and cannot exert any control over the accuracy, efficiency, effectiveness, or other aspects of the Marketing Services advertised or performed by a Freelancer or Expert through the Platform and/or the Services. HelloMaaS cannot provide any assurance or guarantee that any Freelancer or Expert will actually conclude any Transaction.
- Under no circumstances shall Clients solicit Freelancers referred to you via HelloMaaS except through the Platform and/or Services. HelloMaaS reserves the right to charge a Client a referral fee if a Client successfully solicits a Freelancer who was originally referred to Client via the Platform.
Fee Structure, Billing and Payment
Your account on HelloMaaS is free. We offer three different paid subscription type (“Subscription Plans”) for Clients and Freelancers. The subscription level will impact the costs for each of the Services purchased on the platform. Billing types can be Hourly or Fixed Price.
Clients and Freelancers can sign up to a paid subscription plan for a set recurring fee via the Platform. Our rates for Subscription Plans with Clients and Freelancers are available at: pricing . Subscription Plans are personal and cannot be shared between Users. Any User violating the foregoing may be removed from the Service. HelloMaaS reserves the right to update fee structures and matchmaking fees, and will inform Clients and Freelancers via the Platform with a reasonable notice period.
Disclaimer – Site and Services for Informational Purposes Only
IF YOU SET UP RECURRING PAYMENTS THROUGH A SUBSCRIPTION OR A PACKAGE FOR RETAINER SERVICES, YOU AUTHORIZE US TO CONTINUE TO CHARGE YOUR CREDIT CARD ON A MONTHLY BASIS, ACCORDING TO YOUR SUBSCRIPTION PREFERENCES, FOR THE SUBSCRIPTION LEVEL YOU SELECT. YOU CAN UPGRADE YOUR SUBSCRIPTION ANY TIME. THE PRICE INCREASE WILL TAKE INTO EFFECT AND BILLED IMMEDIATELY AFTER UPGRADING. USER CAN DOWNGRADE OR CANCEL A SUBSCRIPTION PLAN ANYTIME BUT THE SUBSCRIPTION WILL REMAIN ACTIVE FOR THE REMAINDER OF THE 30-DAY PERIOD BEFORE BEING CANCELLED. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL CYCLE.
Fixed Fee Services such as Expert Advice or Marketing Packages
Freelancers and Experts can be hired for delivering a fixed scope, fixed price service. Either on a once-off basis or as an ongoing monthly retainer fee with recurring billing. Fixed Fee Services involve fixed-priced invoicing, and for which the Client agrees upfront to a fixed payment. The Fixed Fee will be paid upfront but held in Escrow for 14 days so there is a buffer period in case of bad performance by the Expert or Freelancer. In such cases and only under proven circumstances of negligence, Client can ask HelloMaaS to return the fixed price payment.
For Fixed Fee Services, payments will be charged on the day a Client selects the option to buy the Service on the Platform and will cover the use of that service for the period indicated. Unless and until terminated by the Client, Freelancer, or HelloMaaS, Clients on an ongoing monthly retainer fees will be charged every 30 days thereafter until service is no longer required and contract closed.
Fixed Fee Services offered by HelloMaaS, such as HelloMaaS Butler
HelloMaaS offers a service to help Clients create and manage the Posting of a Project. Clients can opt-in for this service when they fill out the Brief on the Platform. This will result automatically in a monthly and recurring charge of the corresponding fixed fee until the process of managing the Posting has been finalized.
Flexible Fee Services billed on an hourly basis
Freelancers can be hired for ad-hoc or ongoing projects on a hourly basis. The Fee is comprised of the hourly rate provided by the Freelancer and an additional matchmaking fee for HelloMaaS. The matchmaking fee is a flat amount that will be automatically added on top of the hourly rate of the Freelancer, depending on the subscription status and tier of the Freelancer and the Client. See here for more details on the matchmaking fee structure pricing.
Flexible Fee Services have flexible invoicing and will be calculated and charged at the end of each month based on hours worked. HelloMaaS will invoice Clients at the beginning of each month for the hours work during the month prior. Clients have a 10 day period to pay Flexible Fee invoices. If Clients don’t pay within 10 days after invoice date a late fee of 2% of the invoice will be charged. Freelancers and Experts will be paid out through the HelloMaaS platform as soon as the Client has made the requested payment. If Clients have any issues with an invoice, they should immediately contact the Freelancer, as per our policy regarding disputes between Clients and Freelancer. Any queries on the invoice must be entered directly via the Service in order to pause any charges from processing once the Dispute Period has expired.
Payments to Freelancers and Experts
Funds become payable to Freelancers and Experts following the expiration of the Dispute Period and following receipt of payment from the Client by HelloMaaS. We have the right to hold the disbursement of payments to Freelancers or Experts if we suspects fraud, if HelloMaaS deems it necessary in connection with any investigation, or as required by applicable law.
You agree that payment for all Transactions and any taxes or additional charges that may be imposed by third parties are your sole responsibility. You understand that your purchase in connection with a Transaction may be final and non-refundable.
Payment Methods currently include online payments through Stripe for credit/debit card and IDEAL payments. We offer invoicing via HelloMaaS but only for clients can’t use Stripe as a payment method and for Flexible Free Services billed on an hourly basis. HelloMaaS reserves the right to change and expand its payment options.
You agree and ensure that a valid Payment Method needs to be provide in your HelloMaaS account. You ensure that at all times all credit card, bank account, and other payment information supplied by you is accurate, correct and kept updated. You are fully authorized to making payment or receiving payment in connection with a Transaction.
Our subscription plan will charge to the Payment Method you specify at the time of signing up and will be processed by a third-party payment processor. All payments made through Stripe are subject to the Payment Facilitator’s terms and conditions. Stripe’s terms are available at https://stripe.com/us/legal.
Cancellations and Disputes
HelloMaaS does not guarantee the quality or delivery of any work or services provided to Clients by Freelancers or Experts. In the case a dispute arises between users on the Platform, users acknowledge that it is their responsibility to come to a mutual agreement and resolution using the procedure set forth in this subsection. HelloMaaS does not act as an intermediary. If HelloMaaS does choose to mediate a dispute, HelloMaaS’s decision shall be final. If HelloMaaS determines that a refund of all or a portion of the Transaction amount is to be made, such refund shall be given in accordance with this Agreement. The maximum refund that may be awarded to a Client is the full amount of the fee for the portion of the Transaction which is disputed.
Any fee or invoice in connection with a Transaction must be disputed by a Client within fourteen (14) days after the disputed Marketing Services have been delivered to Client by Marketer by notifying the Marketer via the Platform and/or Services. Client and Marketer agree to negotiate in good faith to resolve any dispute. Once Marketer and Client have resolved the dispute, the Client and/or Marketer shall adjust the fee or invoice accordingly via the Platform and/or Services. If Client and Marketer are unable to resolve a dispute within fourteen (14) days after Client notifies Marketer of the disputed Transaction, then Client shall be responsible for payment of the full amount of the Marketer’s original fee or invoice.
Both Clients and Freelancers may cancel any Transaction. It is your responsibility to communicate directly with a Client or Marketer via the Platform and/or Services regarding any Transaction changes or cancellations. For Transactions with an hourly rate or milestone payments, Client shall pay for all Marketer Services rendered by the Marketer up until the effective cancellation date. For Transactions with a flat fee payment, the Client shall pay a pro rata amount of the Transaction fee based on the start and end date of the Transaction.
General Agreement between HelloMaaS and You
- This Agreement applies to all users of the Platform and the Services, including Freelancers and Clients.
- HelloMaaS may make changes to this Agreement from time to time without specifically notifying you.
- HelloMaaS will post the latest Agreement on the Platform, but it is up to you to review it before using the Platform or Services.
- If you continue to use the Platform or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
- In addition, some services offered through the Platform and the Services may be subject to additional terms and conditions specified by HelloMaaS from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
- HelloMaaS is committed to delivering a positive user experience and you understand that HelloMaaS reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or through the Platform and the Services in its sole discretion, without notice and without undertaking any duty to do
- If HelloMaaS provides updated versions of the Platform and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
- If you do not accept updated versions of the Platform and Services, HelloMaaS shall not bear any responsibility or liability for your decision.
What Laws and Rules You Are Responsible for Following
- You must be eighteen (18) or older to use the HelloMaaS Platform or Services. You understand that the Platform and the Services are intended solely for users who are eighteen (18) years of age or older. Any use of or access to the Platform or the Services by anyone under eighteen (18) is unauthorized.
- Users may only create one user profile on the Platform and Service, and may not request other individuals to register new Accounts on their behalf.
- You promise not to use the Platform or the Services for any purpose that is prohibited by this Agreement.
- You are responsible for all of your activity in connection with the Platform and the Services.
- You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.
- You understand that you will be fully responsible for all activities that occur under your account, username and/or password. You agree not to allow someone who is not you to use your account, username or password at any time. You agree to immediately notify HelloMaaS of any unauthorized use of your password or your user name. HelloMaaS will not be liable for any loss that you incur as a result of someone else using your account or your password.
- You understand HelloMaaS may, in its sole discretion, refuse to offer the Platform or the Services to any person or entity and change its eligibility criteria at any time and that HelloMaaS reserves the right (without undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
- While Users from any region may signup on HelloMaaS, only Users who are currently operating out of the countries we serve are able to apply for a Freelancer or Expert Account and work as independent service providers.
- You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
- You understand that your right to access the Platform or Services will be revoked where this Agreement or use of the Platform or the Services is prohibited and, if that is the case, you agree not to use or access the Platform or the Services in any way.
- While HelloMaaS respects its users, you agree that HelloMaaS may terminate your membership or use of the Platform and/or the Services and prohibit you from accessing the Platform and/or the Services, for any reason, or no reason, and with or without notice.
- We do our best to keep the Platform and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments.
- You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform.
- You will not harvest or scrape any content or materials from the Platform and Services.
- You will not threaten, intimidate or harass another user or any Client or Marketer.
- You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for unlawful purposes;
- You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you (ii) are taken by you or your friends, or (iii) are original content created by you;
- You will not knowingly transmit false or misleading information through the Platform or the Services.
- You will not use the Platform and Services in any manner or transmit any User Content that: infringes (or results in the infringement of) HelloMaaS’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause HelloMaaS to be in violation of any law or regulation, or to infringe any right of any third party.
- You will not publish falsehoods or misrepresentations that may damage HelloMaaS or any third party.
- You will not transmit any User Content and will not use the Platform and Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; pornography (including any obscene material) or material that may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
- You will not otherwise take any action in violation of HelloMaaS’s guidelines and policies.
- You understand the Platform and the Services may contain (or you may receive from HelloMaaS, third parties or users) links to other web sites (“Third Party Platforms”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
- You understand and agree that HelloMaaS is not responsible for, and does not control, Third Party Platforms and Third Party Content. You also understand and agree that HelloMaaS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Platforms and Third Party Content.
- You acknowledge and agree that HelloMaaS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Platform or Third Party Content.
Who Owns What and How You Can Use It
The copyright to all content the on the Platform and Services is owned by the provider of that content, including but not limited to Freelancers.
- All content and data related to the Platform and the Services (“Copyright Content”) are the property of HelloMaaS or may be, to a certain extent, the property of its content suppliers, including but not limited to Freelancers, and are protected under applicable copyright law, trademark law and other proprietary rights.
- You may not copy, redistribute, use or publish any part of the Platform or the Services, except as allowed by this Agreement.
- You do not acquire ownership rights to any content, document or other materials viewed through the Platform or the Services, except as otherwise set forth herein or the terms of an applicable Transaction.
You may not use trademarks appearing on the Platform or Services in an infringing manner
- You agree that HelloMaaS, HelloMaaS.com and HelloMaaS graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of HelloMaaS or its affiliates (“Trademark Content”).
- HelloMaaS trademarks and trade dress may not be used in connection with any product or service that is not HelloMaaS’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HelloMaaS.
- All other trademarks not owned by HelloMaaS or its affiliates that may appear on this Platform or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HelloMaaS or its affiliates.
You may use the HelloMaaS Platform and Services for limited, noncommercial purposes
- HelloMaaS grants you a limited license to access and make personal use of the Platform and the Services.
- HelloMaaS does not grant you the right to download (other than page caching) or modify the Platform and the Services, or any portion of the Platform and the Services.
- You understand HelloMaaS does not grant you the right to resell or make commercial use of the Platform and the Services or their contents; make any derivative use of the Platform and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- You understand the Platform and the Services or any portion of Platform and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of HelloMaaS and our affiliates without express written consent.
- You may not use any meta tags or any other “hidden text” utilizing HelloMaaS’s name or trademarks without the express written consent of HelloMaaS. Any unauthorized use terminates the permission or license granted by HelloMaaS.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at the Company’s sole discretion other items such as widgets, buttons, or other web page elements to the home page of HelloMaaS so long as the link does not portray HelloMaaS, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any HelloMaaS logo or other proprietary graphic or trademark as part of the link without express written permission.
You have the necessary rights to share content and materials should you choose to
- You understand that you may be invited to participate in blogs, online forums, social media and other such items and that, accordingly, we may provide you with the opportunity, to create, submit, post, transmit or distribute content and materials to us via the Platform, such as text, drawings, icons, photos, videos, etc. (collectively, “User Content”). You are solely responsible for all User Content submitted from your account. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the User Content
- You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to HelloMaaS as set forth herein, with full knowledge that HelloMaaS may exploit it in any manner whatsoever. You make such warranties without HelloMaaS incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
- You grant to HelloMaaS the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
- You also grant to HelloMaaS the right to sub-license and authorize others to exercise any of the rights granted to HelloMaaS.
- You authorize HelloMaaS to publish your User Content in a searchable format that may be accessed by users of the Platform and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
- By posting or sharing User Content with Clients, Freelancers, or other users of the Service, you grant those users a non-exclusive license to access and use that User Content for their internal business purposes as permitted by this Agreement and the terms of any applicable Transaction.
HelloMaaS does not condone nor authorize activities on or through the Platform and Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Service;
- Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org.
HelloMaaS reserves the right to terminate your account or any user account that it determines to be “repeat infringers.” A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Platform and/or Services.
HelloMaaS’s liability is limited
- HelloMaaS is not responsible for any Third Party Platforms, Third Party Content, or any other content posted on the Platform and the Services, whether caused by users of the Platform, Services, HelloMaaS, third parties or by any of the equipment or programming associated with or utilized in the Platform and the Services.
- HelloMaaS is not responsible for the conduct, whether online or offline, of any user of the Platform or the Services or any Client or Marketer.
- HelloMaaS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Client communications or Marketer communications.
- HelloMaaS is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or Freelancers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Platform, including injury or damage to users or to any other person’s computer and/or mobile device.
- Neither HelloMaaS nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Platform or the Services, any content posted on the Platform or the Services or transmitted to users, or any interactions between users of the Platform or the Services and between Clients and Freelancers, whether online or offline.
Disclaimer – Platform and Services for Informational Purposes Only
THE INFORMATION PROVIDED THROUGH THE SITE AND THE SERVICES IS PROVIDED FOR EDUCATIONAL AND GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR INDIVIDUAL MARKETING ADVICE. YOU RELY ON OR ACT UPON THE ADVICE OF ANY MARKETER OR OTHER USER OF THE SITE OR SERVICES SOLELY AT YOUR OWN RISK AND BY YOUR OWN ELECTION. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR ANY ACTIONS OR OMISSIONS UNDERTAKEN BY YOU IN CONNECTION WITH ANY INFORMATION OR ADVICE PROVIDED BY ANY Freelancers, CLIENTS, OR OTHER USERS.
General Disclaimer and Limitation of Liability
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL HELLOMAAS OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
HELLOMAAS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify HelloMaaS
You agree to indemnify, defend, and hold harmless HelloMaaS, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Platform and Services, (2) any User Content, Third Party Content, Third Party Platforms and any other content, (3) your use or provision of any Marketing Services, (4) your violation of this Agreement, or of any law or the rights of any third party, and (5) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that New York law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Platform and the Services, by using the Platform and/or Services, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
Your general representation and warranty
You represent and warrant that you will use the Platform and the Services so not to infringe or misappropriate the intellectual property rights of any third party.
- You and HelloMaaS agree that any cause of action arising out of or related to the Platform or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Platform or the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HELLOMAAS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- You agree any arbitration shall take place in New York County in the State of New York and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
- If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- HelloMaaS may assign its rights under this Agreement without condition.
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.
If you have any Concerns, Complaints and/or Questions,
please contact us at email@example.com