HelloTech Customer Terms of Service

Welcome to HelloTech! Your access and use of the HelloTech website located at https://www.hellotech.com (the “Site”) and features, products, and services offered by HelloTech, Inc. (“HelloTech”, “we”, “us” or “our”) on or in connection with the Site (individually and collectively, the “Service”) are subject to the terms and conditions in these Terms of Service (these “Terms”). These Terms constitute a legal agreement between you and HelloTech and are sometimes referred to herein as the “Agreement.”

The Service provides individuals or businesses seeking to obtain technical support or other home or personal services (“Customer”) with a platform where they can engage an individual seeking to provide the selected technical support, or home or personal services (“Service Professional”). A Customer will use the Service in order to select the desired services and set up a time for the Service Provider to perform these on-demand technical support services (a “Booking”). Customers and any other users of the Service are collectively referred to herein as “Users.” The Service and the Site are collectively referred to as the “Platform.”

Please note that the Platform is operated in the United States and is not available to, and should not be accessed and used by, residents of the European Economic Area.

1. Acceptance of Terms

By agreeing to these Terms, including by a click-through or other agreement, or by using any aspect of the Platform, you expressly acknowledge that (a) you have read these Terms and agree to all of their terms and conditions, (b) you are 18 years of age or older, (c) you have the right, authority and capacity to enter into this Agreement, and (d) if you are entering into this Agreement on behalf of an entity, you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further agree to receive all communications, agreements and notices that we provide in connection with the Platform electronically, including by e-mail, SMS text message, or by posting them on the Site or otherwise making them available through the Platform. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

These Terms contain important language governing your use of the Platform. They address, among other things, information about how we provide the Platform, how we or you may terminate the Service and/or access to the Platform, the requirements imposed on you when managing your User account (an “Account”) and how we handle disputes (which includes a class action waiver and binding arbitration in most cases).

You must agree to these Terms in order to use the Platform, and if you do not accept these Terms then you may not use any aspect of the Platform.

2. Modifications of Terms

HelloTech, in its sole discretion, may modify these Terms at any time effective upon posting the modified Terms on the Site. You are responsible for regularly reviewing information posted on the Site to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Site and to provide HelloTech notice to remove you from any distribution lists or other communication lists that are available to you through your use of the Site. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. YOUR CONTINUED USE OF THE SITE AND SERVICE AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF SERVICE.

3. Use of the Platform

Subject to full compliance with these Terms, HelloTech grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Platform for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms, without the express written consent of HelloTech. HelloTech may modify, update, suspend or discontinue the Platform, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. HelloTech shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

4. Termination

HelloTech may terminate your privilege to use or access the Platform immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Platform and agree not to access or make use of, or attempt to use, the Platform. Furthermore, you acknowledge that HelloTech reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Platform. You understand that HelloTech may exercise this right in its sole discretion, and this right shall be in addition to, and not in substitution for, any other rights and remedies available to HelloTech.

All provisions of these Terms that, by their nature, should survive termination shall survive the termination of your access to the Platform, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

5. User Accounts and Security

5.1. User Account

To access certain aspects of the Platform, you must have an Account. You can create an Account by completing the registration process on the Site. We may require that you provide login information such as a username and password to access and utilize your Account.

You may be required to provide information about yourself as part of the registration process or your continued use of the Platform. As a condition of your use of the Platform, you agree to (a) provide HelloTech with true, accurate, complete, and current information as prompted by HelloTech’s registration forms, when registering for or using the Platform and (b) update and maintain the truthfulness, accuracy, and completeness of such information. You shall not select or use as a username a name (a) of another person with the intent to impersonate that person; (b) subject to any rights of a person other than you without appropriate authorization; or (c) that is otherwise offensive, vulgar or obscene.

6. Cancellation and Rescheduling

The terms and conditions related to canceling or rescheduling your booked appointments are stated in our Cancellation & Reschedule Policy, which may be updated from time to time without notice. Please review the Cancellation & Reschedule Policy carefully.

7. Pricing and Payments

7.1. Fees and Payments. All prices, fees and other amounts for the Platform are set forth on the Site (the “Fees”). All amounts shall be expressed and paid in United States Dollars. All Fees are subject to change at any time without notice; no Fee is confirmed until the checkout process is complete. The Fees may include a platform fee and safety and support fee, in which case such fees will be indicated as a line item at checkout. Except as otherwise expressly set forth herein or as expressly approved by HelloTech in writing in its sole discretion, all payments made are final and non-refundable and a User shall not have the right to cancel the purchase for any reason. If you use any payment or financial mechanism (“Payment Provider”), the applicable Payment Provider agreement governs your use of such Payment Provider, and you should refer to that agreement, and not these Terms, to determine your rights and liabilities with respect thereto. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. All information that you provide to us or our third-party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make. HelloTech shall have no liability or responsibility to you or any other third party in connection with the accuracy of the Payment Provider information provided by you or your use of any Payment Provider (including any fees charged by such Payment Provider in connection with such use).

7.2. Payment Processing. When you make a Booking, we will place a hold on the credit card that you provide to us at the time of Booking, in the amount of the anticipated charge for the applicable Booking. Upon your marking the Booking as complete via the mobile app for Service Professionals or other method facilitated by HelloTech, such credit card will be charged if payment was not made via other means on the Platform. You may change the payment method at any time prior to job completion by emailing us at [email protected] or by calling us at 1-844-986-4945. Fees for cancellations and rescheduled Bookings, in accordance with the cancellation and rescheduling terms referred to in Section 6, will be charged to the credit card provided at the time of Booking.

7.3. Failed Transactions. In the event that HelloTech is unable to successfully charge any linked payment instrument, HelloTech will notify you via email and/or within the “My Account” page, and you will be unable to initiate further orders or transactions with your Account. Upon HelloTech’s notification to you of such failure, you agree to link a different, valid payment instrument as soon as possible but in any event within three (3) business days. Your HelloTech Account may be disabled until a valid payment instrument is provided and the outstanding uncharged balance is resolved by HelloTech. HelloTech is not responsible for any charges imposed by the issuer of your payment instrument as a result of any failed charge by HelloTech. To the extent that HelloTech is unable to successfully charge any payment instrument linked to your Account as payment for authorized transactions for more than thirty (30) days, you understand and agree that HelloTech may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your User Account, and you will not contest the use of a third party to collect the debt and fees owed to HelloTech. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your account and all monies owed thereunder. You agree that HelloTech, or any agency or business employed by HelloTech, has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with HelloTech, in an effort to collect any monies and fees owed under your account, whether specifically referenced in these Terms or not, and such contact may be made in a manual or automated fashion.

7.4. Subscription Plans.

• (a) Annual Subscription Plans. We offer Users the opportunity to enroll in a subscription plan (a “Subscription Plan”). All Subscription Plans are annual commitments and are billed on either an annual or monthly basis. For clarity, Subscription Plans that are billed on a monthly basis are annual commitments.
• (b) Fees. If you purchase a Subscription Plan, you will be charged the subscription fee, plus any applicable taxes, plus set-up fee (if applicable) and other charges (“Subscription Fee”), at the beginning of your Subscription Plan and monthly or annually, as specified when you purchase such Subscription Plan thereafter. Subscription Plans and Subscription Fees are described in more detail at https://www.hellotech.com/plans, and may be updated from time to time without notice (except that the monthly fee for any “Annual Plan, Pay Monthly” (if such option is selected at checkout) will remain locked in for the first year of such Subscription Plan).
• (c) Subscription Initiation. Subscription Plans become active as soon as your initial payment is processed. If you select the “Annual Plan, Pay Annually” option, the entire applicable annual Subscription Fee plus applicable taxes will be charged at the initial payment. If you select the “Annual Plan, Pay Monthly” option, the applicable first month’s Subscription Fee plus set-up fee and applicable taxes will be charged at the initial payment, and thereafter the monthly Subscription Fee plus applicable taxes will be charged each month for the duration of the applicable year for that annual Subscription Plan.
• (d) Trial Subscriptions. If you enroll in a free trial subscription, the free trial subscription will automatically convert into a paid subscription at the end of the trial period (which trial period will be indicated at the time of the enrollment in such trial period). Unless otherwise indicated, free trial subscriptions will automatically convert into HelloTech’s Online Support Annual Plan, Pay Monthly. You may cancel the automatic conversion into a paid subscription from “My Account” or by contacting HelloTech support at [email protected] at any time on or prior to the last business day before the auto-conversion is scheduled to take effect.
• (e) Renewal. Your Subscription Plan will renew automatically at the end of the applicable subscription period (i.e., at the end of the one-year period) until you turn off auto-renewal. Renewal rates are subject to change, but you will be notified of any change in your rate and be provided with the option to cancel in accordance with these Terms. Plan auto-renewal may be disabled at any time (but must be done on or prior to the last business day before the auto-renewal is scheduled to take effect in order to avoid being charged for such renewed term), however the plan will remain active for the remainder of the annual plan period and you will be responsible for the applicable charges for the remaining months of the annual plan. You may turn off the auto-renewal option from “My Account” or by contacting HelloTech support at [email protected]. If you elect not to renew, your right to use the Platforms under the Subscription Plan will continue until the end of your then current subscription period and will then terminate without further charges.
• (f) Cancellation. You may cancel your Subscription Plan only within the first 30 days of the Subscription Plan’s annual term. If you choose to cancel your Subscription, you will receive a refund of the Subscription Fees less any savings or discounts that you have received. You may cancel your Subscription Plan within the first 30 days by contacting HelloTech support at [email protected] or calling 1-833-369-1227.
• (g) Deactivation. Payment failures will result in immediate deactivation of the applicable Subscription Plan(s). HelloTech Services will not be available to Users with a deactivated plan due to payment failure. Any outstanding payments will need to be made in order to reactivate the applicable Subscription Plan and bring your account current.

7.5. Gift Cards. HelloTech may offer gift cards for purchase ("Gift Cards"). Gift Cards are redeemable only as payment for a Booking or a Subscription Plan. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented (or the applicable identification number entered) at the time of payment and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items or the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, refundable, or redeemable for cash, except to the extent required by law. Gift Cards are subject to all applicable laws and regulations. Gift Cards cannot be redeemed or exchanged for cash or applied to any other charges except as specified herein.

8. Restrictions and Conditions of Use

8.1. Use Restrictions. HelloTech permits you to view and use the Platform solely for your own personal or limited commercial use, as applicable, in either case not inconsistent with the intended purpose of the Platform. Furthermore, you agree that you will not:

• (a) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Platform;
• (b) sell, assign, rent, lease, act as a service bureau, or grant rights in the Platform, including, without limitation, through sublicense, to any other person or entity without the prior written consent of HelloTech;
• (c) make any false, misleading or deceptive statement or representation regarding HelloTech or the Platform;
• (d) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Platform (or any servers, systems or networks connected to the Platform) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Platform or any other person’s or entity’s use of the Platform (or any servers, systems or networks connected to the Platform);
• (e) attempt to gain unauthorized access to the Platform, accounts registered to other Users, or any servers, systems or networks connected to the Platform;
• (f) use the Platform for any commercial purpose unless consistent with these Terms and the intended use of the Platform;
• (g) use the Platform to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful;
• (h) use the Platform to upload, post, e-mail or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial electronic message;
• (i) breach any agreements you enter into with any third parties;
• (j) use the Platform for any unlawful, prohibited, abnormal or unusual activity as determined by HelloTech in its sole discretion;
• (k) use the Platform to engage in any activity that (i) constitutes harassment or a violation of privacy or threatens other people or groups of people; (ii) is harmful to children in any manner; (iii) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (iv) violates any applicable law, ordinance, rule, regulation, treaty or self-regulatory guidelines;
• (l) improperly obtain or attempt to improperly obtain any information or data from the Platform including, without limitation, email addresses or mobile phone numbers of other Users;
• (m) intercept, examine or otherwise observe any proprietary communications protocol used by the Platform, whether through the use of a network analyzer, packet sniffer or other device; or
• (n) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Platform.

9. Links

9.1. Links from the Platform. The Platform may contain links to websites operated by independent third parties. HelloTech provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of HelloTech and HelloTech is not responsible for the content available on the other websites or services. Such links do not imply HelloTech’s endorsement of information or material on any other website and HelloTech disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.

9.2. Links to the Platform. Unless otherwise set forth in a written agreement between you and HelloTech, you must adhere to HelloTech’s linking policy as follows:

• (a) the appearance, position and other aspects of any link to the App or the Site may not be such as to damage or dilute the goodwill associated with HelloTech’s or its licensors’ names and trademarks;
• (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with HelloTech; and
• (c) when selected by a User, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website.

HelloTech reserves the right to revoke its consent to the link at any time and in its sole discretion (including any link on any social media networking platform). Furthermore, HelloTech reserves the right to revoke or modify any link (including any vanity link) to the Platform or otherwise related to your Account (including any link on any social media networking platform).

10. HelloTech Intellectual Property

10.1. Trademarks. The HelloTech name and logo are trademarks and service marks of HelloTech. Unless permitted in a separate written agreement with HelloTech, you do not have the right to use any of HelloTech’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

10.2. Ownership. You acknowledge and agree that HelloTech, or its licensors, owns all right, title and interest in and to the Platform, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Platform is protected by United States and international copyright laws. Further, you acknowledge that the Platform may contain information that HelloTech has designated as confidential and you agree not to disclose such information without HelloTech’s prior written consent.

10.3. Feedback. You may choose to, or HelloTech may invite you to, submit comments, bug reports, ideas or other feedback about the Platform or any modifications, features or improvements thereto (“Feedback”). You agree that HelloTech shall own any and all Feedback and HelloTech shall have the right to use, in any manner and for any purpose whatsoever, any and all Feedback. You hereby assign to HelloTech all right, title and interest that you may acquire in and to any Feedback.

10.4. Repeat Infringer Policy; Copyright Complaints. In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of Users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Platform infringes any copyright that you own or control, you may notify HelloTech as follows:

To:
HelloTech Legal

Address:
1220 N. Price Road, Suite 2, Olivette, MO 63132

Telephone Number:
1-844-986-4945

E-Mail Address:
[email protected]

Such notice must contain the following information:

• your address, telephone number, and email address;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the alleged infringing material is located;
• a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• 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.

11. Privacy Policy

By accepting these Terms or using the Platform, you represent that you have read and consent to our Privacy Policy in addition to these Terms. HelloTech may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Platform. By using the Platform, you agree to the then-current versions of these Terms and Privacy Policy, which will be posted on the Site.

12. Location of Data Processing

The Platform is operated by HelloTech in the United States. In order for us to provide our Platform, you agree that we may transfer, use and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. If you choose to access the Platform from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws; provided, however, that the Platform is not available to, and should not be accessed and used by, residents of the European Economic Area.

13. Submitted Content

13.1. Responsibility for Submitted Content
HelloTech is not the source of, does not verify or endorse, and takes no responsibility for the content of communications made using the Platform or any materials submitted or made available through the Platform via any function which allows a User to post or share content (which shall include, without limitation, any photograph, image, or other visual likeness of you) (“Submitted Content”). By using the Platform, you agree that your Submitted Content may be viewable by other Users. Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Platform. In particular, you are responsible for ensuring that you do not submit material that:

• (a) is protected by copyright, contains trade secrets, or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner;
• (b) is false or is a misrepresentation;
• (c) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable;
• (d) impersonates another person.

HelloTech may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Platform or its Users, or otherwise enforce the terms of these Terms. Further, HelloTech may in its sole discretion remove such content and terminate your Account if you submit any content that is in breach of these Terms. You acknowledge that HelloTech has the right to pre-screen your Submitted Content but has no obligation to do so. At HelloTech’s sole discretion, any Submitted Content may be included in the Platform in whole or in part in modified form.

13.2. Ownership and License
HelloTech does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant HelloTech a perpetual, irrevocable, non-terminable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Platform and HelloTech’s (and its successors’ and affiliates’) business, including, without limitation, for promoting, marketing and redistributing part or all of the Platform (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User a non-exclusive license to access your Submitted Content through the Platform while the Submitted Content is made available through the Platform. You may take down any of your Submitted Content at any time; however, you acknowledge and agree that HelloTech may still have access to such Submitted Content and that the above license granted by you to HelloTech will remain in effect despite your removal of the Submitted Content from the Platform. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section.

13.3. Limitation of Liability
You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will HelloTech be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Platform.

14. Utilizing Your Computer or Other Device

Some of the benefits of the Platform require the Platform to access information on your computer or other applicable device. You hereby grant permission for the Platform to monitor your computer or other applicable device (including, but not limited to, your device's memory) and to communicate information, including, without limitation, your Account information, to HelloTech’s servers for the purposes of analyzing your device's performance during use of the Platform. Additionally, the Platform will utilize the processor, bandwidth, and hard drive (or other memory or storage hardware) and/or cache of your computer or other applicable device for the limited purpose of facilitating the communication between, and the transmittal of data, content, services or features to, you and other users, and to facilitate the operation of the network of computers running instances of the Platform.

15. NO ENDORSEMENT; DISCLAIMER OF WARRANTIES

15.1. Although HelloTech displays information about Service Professionals and Users and may collect payments of Fees for Service Professionals, such actions do not in any way constitute HelloTech’s sponsorship or approval of any Service Professional. HelloTech does not endorse or recommend any Service Professional, and you agree that HelloTech is not responsible for the accuracy or completeness of information displayed through the Platform with respect to the Service Professionals.

15.2. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT, EXCEPT AS SET FORTH IN SECTION 15.2, (A) THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HELLOTECH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, (C) HELLOTECH MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM, AND (D) HELLOTECH DOES NOT REPRESENT OR WARRANT THAT (I) YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (II) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (IV) DEFECTS IN THE OPERATION OF THE PLATFORM WILL BE CORRECTED; OR (V) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15.3. SERVICE PROFESSIONALS ARE NOT REPRESENTATIVES OR AGENTS OF HELLOTECH. EXCEPT FOR CERTAIN REMOTE TECHNICAL SUPPORT, HELLOTECH DOES NOT PROVIDE TECHNICAL SUPPORT SERVICES, AND DOES NOT EMPLOY OR ENGAGE INDIVIDUALS TO PROVIDE TECHNICAL SUPPORT SERVICES. USERS HEREBY ACKNOWLEDGE THAT HELLOTECH DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A SERVICE PROFESSIONAL’S WORK AND, EXCEPT AS SET FORTH IN SECTION 15.2, EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

15.4. CUSTOMER IS RESPONSIBLE FOR (A) OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS, IF ANY, THAT MAY BE REQUIRED TO BE OBTAINED FOR THE RESPECTIVE SERVICES TO BE PERFORMED, AND (B) CONFIRMING THAT ANY TECH PERFORMING SERVICES FOR SUCH CUSTOMER POSSESSES ALL REQUISITE PERMITS AND TRADE LICENSES THAT MAY BE REQUIRED FOR THE PERFORMANCE OF SUCH SERVICES. HELLOTECH ASSUMES NO RESPONSIBILITY FOR A CUSTOMER’S FAILURE TO OBTAIN OR CONFIRM SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE ENCOURAGE YOU TO CONFIRM ANY SUCH REQUIREMENTS AND TO ASK TO SEE A COPY OF ANY LICENSES IF APPLICABLE.

15.5. NEITHER HELLOTECH NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “HELLOTECH PARTIES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE HELLOTECH PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH HELLOTECH OR THE PLATFORM.

15.6. HELLOTECH ONLY ENABLES CONNECTIONS BETWEEN USERS AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OR COMMUNICATIONS OF USERS, NOR DOES IT HAVE CONTROL OVER THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF AGREEMENTS BETWEEN USERS, SERVICE PROFESSIONALS, CUSTOMERS, NOR OF THE INTEGRITY, RESPONSIBILITY, COMPETENCE, QUALIFICATIONS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY USERS, OR OF ANY RATINGS PROVIDED BY USERS WITH RESPECT TO EACH OTHER. HELLOTECH DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY SERVICE PROFESSIONAL(S), CUSTOMER(S) OR OTHER USER(S). ANY REPRESENTATIONS MADE TO YOU BY ANY SERVICE PROFESSIONAL(S) ARE MADE SOLELY AT THE DISCRETION OF THE SERVICE PROFESSIONAL AND HELLOTECH HAS NO WAY TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE SERVICE PROFESSIONAL(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT HELLOTECH SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE SERVICE PROFESSIONAL TO YOU AS A RESULT OF YOUR USE OF THE PLATFORM.

16. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HELLOTECH AND THE OTHER HELLOTECH PARTIES SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF HELLOTECH OR THE OTHER HELLOTECH PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE LIABILITY OF HELLOTECH OR ANY OF THE OTHER HELLOTECH PARTIES EXCEED, IN THE AGGREGATE, THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE FEES ACTUALLY PAID BY CUSTOMER YOU FOR THE SERVICES.

THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR REPRESENTATIONS SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.

17. Indemnification

You agree to defend, indemnify and hold HelloTech and the other HelloTech Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Platform; or (b) your breach of these Terms or any other policies that HelloTech may issue for the Platform from time to time. You further agree to cooperate as required by HelloTech in the defense of any claim. HelloTech reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of HelloTech.

18. Governing Law; Jurisdiction

These Terms are governed by Missouri law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and HelloTech agree that, except as otherwise provided in Section 19 below, the state and federal courts located in St. Louis, Missouri will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Platform and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, HelloTech shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

19. Binding Arbitration

19.1. Arbitration Procedures. You and HelloTech agree that, except as provided in Section 19.4 below, all disputes, controversies and claims related to these Terms or the Platform (each a “Claim”) shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 18 and the JAMS Rules, the terms in this Section 19 will control and prevail.

Except as otherwise set forth in Section 19.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and HelloTech will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and HelloTech may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

20. General

20.1. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HelloTech as a result of these Terms or your use of the Platform.