Terms of Service

Last Updated: September 19, 2023

Welcome to DIYwithHelp!

The terms and conditions of this agreement (the “Terms of Service” or “Terms”) govern the access and use of the https://diywithhelp.com/ website and the purchase or use of any online consultations through our website (collectively, the "Services"). The Services are owned and operated by Purpose Built, Inc. DBA DIYwithHelp (“DIYwithHelp,” “we,” “us,” or “our”), and these terms apply to all visitors and users of the Services (collectively, "Users," "you," or "your").

THESE TERMS OF SERVICE CONTAIN A CONSENT TO USE AND RECORD VIDEO OF YOU, A MANDATORY AND BINDING INDIVIDUAL ARBITRATION CLAUSE, CLASS ACTION WAIVER, WAIVER OF RIGHT TO A JURY TRIAL, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

Please read these Terms of Service carefully before accessing and using the Services. 

1. Acceptance  

Your access to and use of the Services is conditioned on your acceptance of these Terms. By accessing and using the Services, you agree on your own behalf and on behalf of any organization, entity, or another person on whose behalf you may act to accept and abide by these Terms for each and every use of the Services. Please do not access or use the Services if you do not agree with these Terms of Service.

By agreeing to these Terms of Service, you also agree to the terms of our Privacy Policy available at https://learn.diywithhelp.com/terms/privacy-policy.  

2. Updates to these Terms

We reserve the right to modify these Terms anytime by posting an updated version on the Services. At our sole discretion, we may also email registered Users with notification of changes. You are responsible for regularly reviewing these Terms, and your continued use of the Services after the effective date of a change constitutes your acceptance of the updated Terms. If any modification is unacceptable, you shall cease using the Services. If you have any questions about these Terms, contact us at admin@diywithhelp.com.  

3. Eligibility

You may only use the Services if you comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You must be 18 or older to use our Services and create an account on the Services. Any access or use of the Services by users under 18 violates these Terms. The Services are not targeted at children under the age of 18, and such Users are not permitted to use the Services. If you use the Services, you affirm that you are at least 18 years old. The Services may not be available to Users previously removed from the Services by us.

4. Our Services

Our Services provide a marketplace for Users to search, contact, and communicate with designers, contractors, plumbers, handymen, and others with training and experience in various trades (“Providers”). Through these connections, the Services aim to help Users with their “Do-It-Yourself” projects (“Projects”). When Users find Providers whom they want to help with their Projects, the Services allow Users and Providers to schedule one or more video consultations to help complete their Projects (“Consultations”). Users may browse the Services free of charge, but there will be a fee established solely by Providers for scheduling Consultations (“Consultation Fee”). DIYwithHelp is not responsible in any way for establishing Consultation Fees, but we do charge a technology fee related to the Consultation Fee, as further described in these Terms.

5. Specific Services Disclaimers  

We do not warrant or guarantee the accuracy, reliability, or usefulness of any information or content contained, distributed, or accessible on or through our Services. DIYwithHelp is not responsible for the level of expertise stated by a Provider in their profile. The advice given by the Provider to a User via the Services is outside the scope of DIYwithHelp. You understand and agree that DIYwithHelp is not a party to any agreements entered into between Providers and Users. DIYwithHelp has no control over the requests made by Users or the services provided by Providers or other Users of the Services, and DIYwithHelp expressly disclaims all liability in this regard to the maximum extent permitted by law. Any content on the Services provided by third parties (such as our affiliates, Providers, or other Users) is provided solely by such third parties, and we are not responsible or liable for such content.

We do not screen or otherwise verify the Providers listed on our Services or the truth and completeness of any information provided to us by a Provider, if any. We strongly encourage and recommend that Users conduct independent research about a Provider and/or Project before purchasing any Consultation through the Services. 

All Consultations purchased via the Services are done entirely at the User’s own risk. We have no liability for any claims, injuries, loss, harm, and/or damages arising from and/or in any way related to any Consultations provided through the Services, including, without limitation, any interactions or dealings between Users and Providers, whether on the Services or offline or any Project performed by a User related to a Consultation purchased through the Services. 

We do not select, recommend, or endorse any Provider featured on the Services. Certain features may allow you to enter search criteria and see filtered results based on your inputs, Project description, requested specialties, and selected preferences. Any results, or the order thereof, should not be construed as a recommendation of any Provider over another.

We do not act in any way except as a provider of technology to connect Users and Providers and to provide a means to conduct Consultations between such parties. We do not offer advice, opinions, recommendations, or referrals. We are not partners, joint venturers, employers, or affiliated in any way with any Provider listed on the Services. If you choose to purchase a Consultation through the Services, you acknowledge that such purchase will create an agreement strictly between you and the applicable Provider, and at no time shall we be liable or responsible for any disputes between you and any Provider featured on the Services.  

6. Appropriateness of the Services

The Services are intended to help Users with “DIY” Projects, but it is beyond the scope of the Services to determine what types of Projects are appropriate to “DIY.” Even with help from experienced Providers, certain activities may be beyond your capabilities and should not be attempted yourself, with or without a Consultation. Providers are available to provide information and assistance, but you remain solely responsible for implementing any advice, ideas, instructions, or any other input provided by a Provider through a Consultation. 

Specifically, Consultations are not intended to comply with and should not be used for:

• Work that may require obtaining a permit or other work authorization from city, state, or HOA officials;
• Work that requires a high level of experience and specialized training (e.g. asbestos removal);
• Work that involves a reasonable risk of personal injury (e.g. electrical work); or
• Work that involves a reasonable risk of property damage (e.g. building framing).

You assume all risks associated with your use of the Services or participation in a Consultation, and agree to hold DIYwithHelp, the Providers, and all associated affiliates or successors harmless from and against any damage to personal or real property and any personal injury, including death.

7. Access to the Services 

You may access and use the Services for its intended purpose and in accordance with the terms and conditions set forth in these Terms of Service. You are responsible for your compliance with these Terms and your own acts and omissions while using the Services and for all acts and omissions of any third party who may gain access to or use the Services under your account. Subject to these Terms, you are hereby granted a non-exclusive, non-transferable, non-sublicensable right to access and make personal use of the Services. DIYwithHelp, our licensors, or our designees reserve all rights not expressly granted in these Terms. We reserve the right to terminate and/or prevent your access and use of the Services if you violate these Terms or for any other reason, even if not expressly stated in these Terms.

8. User Accounts

Portions of the Services are accessible to Users generally without the need to create an account. Certain features of the Services, such as scheduling Consultations, are available only to Users who have registered with us and created a User account ("User Account"). Your User Account gives you access to the Services and functionality that we may establish and maintain from time to time at our sole discretion. 

When you create your User Account, you will create a user identification and a password upon completing the registration process ("Credentials") and will be asked for or will otherwise provide us with various Account Information (as defined below). You may also use third-party platforms (such as Google, Apple, and Facebook) to log in and access your User Account. "Account Information" means the information you provide to us when creating your User Account, including your username, password, name, last name, email address, and telephone number. When you use Google, Apple, or Facebook to access your User Account, we may be provided with additional Account Information about you as provided by Google, Apple, and/or Facebook.

You may edit your Account Information and how you interact with the Site by logging into your account and changing the settings on the "Edit Profile" page.

You may not transfer to, sell, or share your User Account with other Users or third parties. You are responsible for maintaining the confidentiality of your Credentials and User Account and for all activities that occur under your User Account. You agree to immediately notify us of any unauthorized use of your Credentials or User Account or any other security breach. 

9. Your Responsibilities

You are responsible for your compliance with these Terms and your own acts and omissions while using the Services. By using the Services or creating your User Account, you represent and warrant that: (i) your Account Information is accurate, complete, and updated; (ii) you have and will continue to comply with all applicable federal, state, and local laws, regulations, and ordinances; (iii) your User-Generated Content (as defined below) does not infringe upon the property rights, intellectual property rights (copyrights and trademarks), or other rights of others; (iv) you will not use the Services beyond its intended purposes and will only use the Services in accordance with these Terms; and (v) you agree to be bound by these Terms. 

10. User Conduct

In using the Services, you must not violate any applicable laws, including, without limitation, all intellectual property, non-discrimination, and privacy laws as well as all laws related to authorized and unauthorized business practices, and will not take any action that harms or violates the rights of any person or entity.  Without limitation, you agree to not:

• Use the Services in any way, including, without limitation, during a video Consultation, in any manner which violates Section 17 (User-Generated Content) of these Terms;
• Seek to circumvent the Services by exchanging personal contact information with other Users or Providers;
• Make any payment to a Provider other than as provided through the Services;
• Reproduce, duplicate, copy, sell, rent, lease, resell, or exploit for commercial purposes any portion of the Services without our express written consent;
• Share nonpublic features of the Services or any content contained on the Services with any third party;
• Use the Services in any way to discriminate against any individual or class of individuals protected under federal, state, or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist, or discriminatory activities or outcomes;
• Use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any person or that violates any applicable law;
• Modify or create derivative works based on the Services;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Remove or alter any copyright, watermark, attribution marks, or other proprietary notices on the Services or contained in the software used to provide the Services;
• Use or access the Services to provide service bureau, time-sharing, or other computer hosting services to third parties;
• Upload, download, post, email, or otherwise transmit 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, or telecommunications equipment;
• Disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers, or networks connected to or accessible through the Services or affiliated or linked to the Services;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software used to provide the Services;
• Access, tamper with, or use non-public areas of the Services. Unauthorized individuals attempting to access these areas of the Services may be subject to prosecution;
• Disrupt or interfere with other Users' enjoyment of the Services; 
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission; 
• Access the Services to build, or help others build, a similar or competitive product; or
• Frame or link to the Services except as permitted in writing by us.

11. Providers

A "Provider" is any User who makes themself available on the Services so that other Users may purchase Consultations from them. By offering Consultations on the Services, the Provider represents and warrants that:

• Provider has the skills, experience, qualifications, and other attributes that it describes on its profile or otherwise communicates through the Services;
• Provider will provide the Consultation with reasonable care and skill and in accordance with generally recognized practices;
• Provider has all necessary licenses, permits, and other legal requirements necessary in Provider’s jurisdiction to provide the Consultation, and will maintain such requirements at all times while providing Consultations;
• Provider will not make use of the Services or any Consultation for the unsolicited promotion of any goods, products, or services other than the Consultation itself. For clarity, Provider cannot offer their own products or services or the products or services of any other provider to a User unless specifically requested by such User;
• Provider shall, at all times, hold itself out to Users under its own name and not any other party, including, without limitation, DIYwithHelp;
• Provider will not make any additional representations or warranties to a User on behalf of DIYwithHelp, or otherwise represent to any person that Provider is an agent of DIYwithHelp. If Provider does so, it assumes all risks, costs, and expenses associated with such representations and warranties and agrees to indemnify and hold DIYwithHelp harmless;
• Provider will not make its personal contact information available to Users or otherwise submit messages, illustrations, or other content that would permit direct contact with a User outside of the Services; and
• Provider will not provide Consultations or related services to any person introduced to Provider directly or indirectly through the Services outside of the DIYwithHelp platform, receive payments from Users directly, or encourage or solicit payment from a User directly or through any channels other than those provided by DIYwithHelp. 

By making yourself available to provide Consultations through the Services, you acknowledge and agree that we may advertise the services that you provide via the Services to Users or the public without any additional payment or obligation to you. By providing Consultations and/or providing video content to DIYwithHelp, you acknowledge and agree that we may record, store, and modify your video at our discretion. Modification may include video editing, adding the DIYwithHelp logo, improving the sound quality, and publishing the video on the Services, our social media accounts, and any other advertising medium or platform for our marketing, advertising, quality assurance, and promotional purposes. 

12. Project Consultations

You can search Providers through the search filters provided on the Services. You may purchase a Project Consultation on the Services in accordance with the terms and conditions established by the applicable Provider. Each Provider sets its own prices for its Consultations (“Consultation Fees”) and the applicable terms and conditions, including refund policies, if any. We are not a party to such agreement, and any dispute arising out of any Consultation purchased by you is solely between you and the applicable Provider. Unless otherwise specified, Consultation Fees are non-cancellable and non-refundable once paid.

Your order is confirmed when you are provided a schedule confirmation on the Services. You may also receive confirmation of your Consultation via email at the email address provided at the time of purchase. If you experience technical difficulties following your payment submission, it is your responsibility to check your email for an email confirmation or to message the applicable Provider through the Services to determine whether or not your Consultation has been scheduled. We are not responsible for any losses (monetary or otherwise) related to your failure to verify your Consultation confirmation.

You must provide payment information through our Payment Processor (as defined in these Terms) to purchase Consultations through the Services. Payments will be processed through the Payment Processor (such as Stripe) when a Consultation is requested through the Services, and DIYwithHelp does not collect or store any financial information. You agree to pay all amounts in accordance with any terms provided to you by the applicable Provider at the time of purchase. By purchasing a Consultation on the Services, you authorize DIYwithHelp to charge you the full amount at the time of purchase. We are not a party to any transaction on the Services and are not responsible for any disputes regarding amounts paid or services provided between a Provider and you. 

The purchase of Consultations may be subject to applicable federal, state, or local taxes. The prices of the Consultation displayed on the Services are exclusive of any taxes, and any applicable taxes will be specified and charged to you at the time of checkout. If DIYwithHelp is later required to collect or withhold taxes related to the purchase of Consultations on the Services, we reserve the right to collect such taxes from the applicable User and/or Provider.

13. Provider Payouts

When a Consultation is purchased through the Services, we will charge a service fee per Consultation that may be specified at the time of purchase or through other documentation made available to Provider by DIYwithHelp (“Service Fee”). Service Fees are subject to change at any time at our discretion. In addition to Service Fees, our Payment Processor (defined below) assesses a processing fee at the time of purchase (“Processing Fees”)(collectively, Service Fees and Processing Fees, “Fees”).

Before a Provider may provide Consultations, they must connect a Stripe account through the Services (“Connected Account”). The Connected Account is subject to the Stripe Connected Account Agreement (located here: https://stripe.com/legal/connect-account). Consultation Fees are collected from the User upon scheduling a Consultation, and Consultation Fees, less the applicable Service Fee and Processing Fees, are made available to you through the Provider’s Connected Account. Funds are accumulated in the Provider’s Connected Account, and payouts occur in accordance with the schedule set forth through Stripe’s Connected Account Agreement and other applicable agreements. Providers must keep their Connected Account information updated in order to receive any payments through the Services, and we are not responsible for any other method of payment if a Provider no longer maintains a Connected Account.

If a Provider cancels a scheduled Consultation, the Provider will not receive Consultation Fees. If Consultation Fees have already been paid out to Provider, then such funds will be debited through the Provider’s Connected Account. Additionally, DIYwithHelp reserves the right to charge such Provider’s Connected Account the applicable Service Fees and/or Processing Fees upon Consultation cancellation. 

14. Consultation Videos and Recording

All Consultations will be conducted through the Services using virtual conference tools provided by third-party service providers, such as Daily.co (“Video Hosting Provider”). The Video Hosting Provider may have its own terms and conditions, privacy policy, and other legal agreements applicable to your use of their platform. By scheduling a Consultation, you consent to the use of the Video Hosting Provider and their applicable terms and conditions, which may differ from these Terms. In case of a conflict, the applicable Video Hosting Provider terms control. 

You acknowledge that we cannot and do not guarantee the confidentiality, privacy, or security of the communications conducted during your Consultation. All use of the Video Hosting Provider and all communications with a Provider during a Consultation is entirely at your own risk. 

You acknowledge and agree that, from time to time, DIYwithHelp may monitor, review, and record your Consultations. This recording is intended for the purpose of ensuring the quality of the Services and enforcing the terms of our legal agreements and will not be shared externally, used for individual targeting, or used for any sales, marketing, or other promotional purposes without your prior consent. By scheduling a Consultation, you expressly consent to recordings for the expressed purposes and without any obligation from us, whether momentarily or otherwise.

You may opt out of any recordings or request deletion of any recordings by emailing us at admin@diywithhelp.com. 

15. Non-Circumvention

You acknowledge that we use substantial labor and effort to connect Users with Providers through the Services. As such, you agree that you will not circumvent or attempt to circumvent the Services. If you are a Provider, this means that you will not provide Consultations to Users, and if you are a User, you will not solicit Consultations from a Provider, other than through the Services. In furtherance of this provision, you agree that all communications with Users and/or Providers introduced to you through the Services will be conducted solely through the Services. You acknowledge and agree that we may monitor communications on the Services, and may flag violations of these Terms. Without limiting our other rights or remedies available under these Terms or at law, we may suspend or terminate your access to the Services at any time if we reasonably believe that you are attempting to circumvent the Services.

16. Rescheduling and Refunds

Unless stated otherwise by the Provider, all Consultation sales are final, and refunds are only allowed in limited circumstances, as explained in these Terms. If we process a refund in error to you, we reserve the right to recharge the original method of payment used at the time of purchase, limited to the amount issued in error. All refunds will be provided to the payment method used for the original purchase, and neither we nor the Provider is responsible for providing refunds to an alternative payment source.

If a Provider reschedules a Consultation that was purchased by you through the Services, your purchased Consultation will still be valid for the new date, and no further action is required. The Provider may approve refunds for canceled or rescheduled Consultations entirely at its discretion. If you are notified that the Provider has authorized a refund for the Consultation that you have purchased, and you would like to request a refund, you shall submit a refund request to the applicable Provider responsible for the Consultation.

If a Provider approves a refund, all associated Consultation Fees will be refunded to the payment method provided at the time of purchase. Refunds for cancellations include the return of the Consultations Price, but applicable Fees will only be refunded on a case-by-case basis.

We reserve the right to cancel, without notice, the Consultation you purchased on the Services if: (i) the amount you paid for a Consultation is incorrect; (ii) if the Provider you purchased the Consultation from is no longer available on the Services; and (iii) in any other situation where an error has occurred, whether because of a human error or a transactional malfunction on the Services. Our right to cancel your Consultation does not exclude all other rights and remedies available to us under these Terms or at law. If we exercise our right to cancel your Consultation, you will receive a refund for the amount paid by you, including the Consultation Fee and all Fees incurred in the transaction.

17. User-Generated Content

Our Services may allow you to create Projects, including Project descriptions, imagery, and related information, and the Services may also contain blogs, message boards, chat rooms, and other interactive features that allow you to upload, create, link, share, access, and otherwise submit information and content (collectively, “User-Generated Content”). User Generated Content additionally includes any content that you make available during a Consultation. User-Generated Content will be treated as non-confidential and may be viewable by Providers and other Users. You are solely responsible for the accuracy, quality, integrity, and legality of your User-Generated Content.

You agree not to upload, download, post, email, or otherwise transmit any content that includes, without limitation, any content that:

• Contains personal contact information or other information that permits contact with another User outside of the Services;
• May infringe any intellectual or proprietary rights of any third party; 
• May be considered false or misleading information;
• Violates another person’s rights of celebrity or privacy, which includes, without limitation, uploading a picture of another person without such person’s consent;
• Contains images, content, or illustrations of animal violence or cruelty;
• Promotes illegal activities, including, without limitation, illegal drug use, illegal gambling, or unaccepted business practices;
• Contains raffles, sweepstakes, giveaways, or otherwise promotes commercial products or services;
• Misrepresents your association, or lack thereof, with another person, organization, or business entity;
• Contains images, content, or illustrations that promote weapons or firearms;
• Is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously or otherwise objectionable;
• May be considered unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
• Would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, or national law; or
• Would likely incite, promote, or support discrimination, hostility, or violence.

Without limiting the foregoing, we or our designees shall have the right (but not the obligation), at our sole discretion, to reject or remove User-Generated Content that is available via the Services if it violates these Terms or is otherwise objectionable to us, and we may do so without any obligation to you, monetarily or otherwise. 

18. Data Security

You understand that the technical processing and operation of the Services, including the processing of your Personal Information (as defined below), may involve transmissions over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices. We will maintain commercially reasonable administrative, physical, and technical safeguards designed for the protection, confidentiality, and integrity of your Personal Information. You recognize and agree that hosting content online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Services, you assume such risks. We offer no representation, warranty, or guarantee that your information will not be exposed or disclosed through errors or actions of third parties or us, including negligence. “Personal Information” means any information relating to an identified or identifiable natural person; an identifiable natural person can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. Specifically, and without limitation, Personal Information includes your username, image, and any other personally identifiable information or content that you make available to the Services or on or through a Consultation.

19. User Privacy

Your privacy is very important to us. Our Privacy Policy (https://learn.diywithhelp.com/terms/privacy-policy) sets out the categories of personal information and other data we collect and how we collect, store, and use it. By accepting these Terms, you expressly consent to our disclosure and use of your Personal information as described in our Privacy Policy. We encourage you to read our Privacy Policy before you submit any Personal Information to the Services. Without limiting the terms of our Privacy Policy, you acknowledge and agree that we may disclose your Personal Information, including your name, email address, and account activity, when we believe, in our sole discretion, that such disclosure is necessary or appropriate to: (i) comply with legal processes; (ii) enforce these Terms; (iii) respond to claims that your User-Generated Content violates the rights of third-parties; (iv) to investigate the use of or respond to alleged violations or infringement of Third-Party Content (defined herein); or (v) to protect our rights, property, or personal safety or that of other Users or the public.

20. Term and Termination

We, without prior notice, may suspend or terminate your use of the Services at any time if, in our sole discretion, your use of the Services is in violation of these Terms or applicable laws or if we otherwise reasonably believe that your use of the Services could cause damage to the Services, the rights of other Users or Providers, or for any other reason, even if not expressly set forth in these Terms. Our right to suspend and/or terminate your access to or use of the Services does not limit our right to seek any other remedy through these Terms or at law.

Suspension or termination of your right to access the Services may result in the deletion of your User Account and all associated Personal Information and User-Generated Content. Upon notice of suspension or termination of your User Account, you agree to stop accessing or using the Services immediately. If we terminate your access or use of the Services for cause, your right to access any scheduled and incomplete Consultations will cease, and we will have no obligation to refund any Consultation Fees or provide you with any other refund, credit, or other benefit.

21. Preservation of Your Account Information. 

We reserve the right, but not the obligation, to maintain your Personal Information, even after you terminate your account. You acknowledge and agree that we may preserve your Personal Information and may also disclose your Personal Information for as long as necessary to enforce our legal agreements, including these Terms, and maintain a record of transactions on the Services, such as the purchase by you of Consultations, and for any other purposes unless expressly prohibited by applicable law.

22. Our Proprietary Rights

You acknowledge and agree that the Services contain proprietary information protected by applicable intellectual property and other laws. We retain all rights, title, and interest in and to the Services, including, without limitation, our trademarks (all names and logos) and all other content provided on the Services by us (collectively, “DIYwithHelp IP”). These Terms do not grant you any right to reproduce, copy, modify, distribute, license, sell, transfer, publicly display, perform, or otherwise exploit the DIYwithHelp IP. No rights are granted to you other than as expressly set forth in these Terms.

23. Licenses in User-Generated Content

You agree that any User-Generated Content that you post or make available through the Services is your original content or that you otherwise have all necessary rights and permission to user or post such User-Generated Content. By making your User-Generated Content available to any part of the Services, you automatically grant us, and you represent and warrant that you have the right to grant us, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, and worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute User-Generated Content for any legitimate business purpose, and to prepare derivative works of, or incorporate into other works, your User-Generated Content, and to grant and authorize sub-licenses of the foregoing. Notwithstanding the foregoing, we agree not to use the User-Generated Content that you make available during a Consultation for any purpose other than expressly provided in these Terms without your express consent.

24. Feedback

You may provide us or make public on the Services notes, emails, postings, letters, suggestions, reviews, concepts, or other written materials related to the Services (collectively, “Feedback”). You acknowledge and agree that you do not maintain and will not assert any ownership, intellectual property right, or other rights to the Feedback. You further agree that any Feedback provided to us will not be considered confidential information and that we are permitted to freely share, disclose, modify, create derivative works of, or otherwise use the Feedback for any purpose. Should the ownership of the Feedback be found under applicable law not to be our property, you hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into any of our products or services any Feedback provided by you relating to the provision of the Services. 

25. DMCA Notice

We respect the intellectual property rights of others. Per the Digital Millennium Copyright Act (“DMCA”), we will respond expeditiously to claims of copyright infringement on the Services if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action we deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

If you believe that your intellectual property rights have been violated by a third party who has uploaded materials to our Services or by us, please provide the following information to the designated Copyright Agent listed below:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Services;
• An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not we, can contact you;
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and
• Your electronic or physical signature.

We may request additional information before removing any allegedly infringing material. If we remove the allegedly infringing materials, we may notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so they may respond to your allegations.

For questions regarding this DMCA Notice or to notify us of possible copyright infringement on our Services, please contact us at admin@diywithhelp.com. 

26. Parental Controls

Our Services are intended for Users over 18. As such, we do not implement technological controls intended to prevent minors from visiting our Services and must rely on parents and guardians to decide what content and materials are appropriate for children to view and purchase. There are parental control protections available that may assist parents in limiting access to contents and materials that may be harmful to minors, and if you are a parent or guardian of a User of our Services, you are encouraged to determine the applicability of parental controls for use with the Services.

27. Third-Party Content

The Services may contain content or links to third-party websites, advertisements, and other content not owned or controlled by us (“Third-Party Content”). We do not endorse or assume any responsibility for any such Third-Party Content. If you access Third-Party Content from the Services, you do so at your own risk and understand that these Terms and our Privacy Policy do not apply to your use of Third-Party Content. You expressly relieve us from any and all liability arising from your use of Third-Party Content, and any terms related to Third-Party Content are solely between you and the Third-Party Content provider. You agree that we will not be responsible for any reliance or damages relating to your use of Third-Party Content.

28. Third-Party Services

The Services may provide access to or integrate with third-party applications, services, websites, and other services that are not owned or controlled by us (“Third-Party Services”). Third-Party Services include, without limitation, our Payment Processor, Stripe, and our hosted video service provider, Daily.co. You may reference Stripe’s legal agreements at https://stripe.com/legal/ssa and the Daily.co terms of service at https://www.daily.co/legal/terms-of-service/. All Third-Party Services are provided “As-Is,” and we do not warrant any Third-Party Services, regardless of whether they are required to use our Services. We do not endorse or assume any responsibility for Third-Party Services, and you expressly relieve us from any and all liability arising from your use of Third-Party Services. If you access Third-Party Services from the Services, you do so at your own risk and understand that any use by you of Third-Party Services is solely between you and the applicable Third-Party Services provider and that these Terms do not apply to your use of Third-Party Services. We shall not be responsible for any disclosure, modification, or deletion of your Personal Information or User-Generated Content resulting from access by Third-Party Services. Additionally, we are not responsible for downtime or unavailability of Third-Party Services outside our reasonable control. Under no circumstances will we be liable for any indirect, special, incidental, punitive, or consequential damages, including loss of data, business interruption, or loss of profits arising from the use or the inability to use Third-Party Services.

29. Payment Processor

All payments made through the Services are processed through Stripe, a third-party payment processor (“Payment Processor”), and we do not access or store any financial information, including, without limitation, credit card numbers, bank account numbers, or any other information by which a charge can be made. By utilizing Stripe or any third-party Payment Processor, you agree to their separate terms of service and/or privacy policy. We reserve the right to change the Payment Processor at any time. You understand and agree that we will not be held liable for your failure to complete a transaction through a Payment Processor on the Services. We are in no way responsible for resolving any dispute, support, penalty, or issue that may occur between you and the Payment Processor or any Provider.

30. Disclaimer of Warranties  

WE PROVIDE THE SERVICES ON AN "AS-IS'' AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; OR (III) DEFECTS, IF ANY, WILL BE CORRECTED. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. THE INFORMATION AND ANY CONTENT PROVIDED BY US ON THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT AND IS NOT INTENDED TO CONSTITUTE SPECIFIC ADVICE. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, YOUR COMPUTER, OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO OUR SERVICES OR ANY CONTENT CONTAINED THEREIN.

31. Limitation of Liability  

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, OUR OWN NEGLIGENCE, SHALL WE OR OUR OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, USER DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE OUT OF OR RELATE TO THE SERVICES OR THESE TERMS. THIS LIMITATION APPLIES TO, WITHOUT LIMITATION: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY ELECTRONIC MESSAGES YOU SEND US; (III) STATEMENTS OR CONDUCT OF ANY OTHER USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE; (IV) ANY LOSS RELATED TO THE ADVICE, RECOMMENDATIONS, OR OTHER INFORMATION GAINED OR PROVIDED THROUGH A CONSULTATION; (V) ANY PROPERTY OR PERSONAL DAMAGES (INCLUDING PERSONAL INJURY AND DEATH) YOU SUFFER AS A RESULT OF YOUR PROJECT OR RELATED TO A CONSULTATION (WHETHER OCCURRING BEFORE, DURING OR AFTER THE CONSULTATION); OR (VI) ANY OTHER MATTER RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES OR TO COMPLETE A CONSULTATION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.  

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED $100 OR THE AMOUNT YOU HAVE PAID US IN SERVICES FEES RELATED TO THE CONSULTATION AND/OR PROJECT GIVING RISE TO OUR LIABILITY, IF ANY. ANY CLAIM ARISING UNDER THESE TERMS MUST BE BROUGHT BY YOU WITHIN 12 MONTHS AFTER THE CONSULTATION GIVING RISE TO THE CAUSE OF ACTION ARE DISCOVERED OTHERWISE YOU RELEASE US OF ANY SUCH CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

32. Indemnification  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS DIYWITHHELP AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND EACH PARTY’S RESPECTIVE SUCCESSORS AND ASSIGNS (“INDEMNIFIED PARTIES'') FROM ANY THIRD-PARTY CLAIM, SUIT, PROCEEDING, OR GOVERNMENT ENFORCEMENT ACTIONS ARISING OUT OF, RELATED TO, OR ALLEGING AN INJURY OR LOSS CAUSED BY YOUR ACCESS AND USE OF THE SERVICES THAT, WITHOUT LIMITATION, INCLUDES: (I) YOUR ACCESS TO OR USE OF THE SERVICES FOR ILLEGAL, FRAUDULENT, OFFENSIVE, OR TORTIOUS PURPOSES; (II) YOUR INTERACTION WITH OTHER USERS AND PROVIDERS; (III) YOUR VIOLATION OF THESE TERMS; OR (IV) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD-PARTY. IN ANY EVENT, WE WILL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH PROCEEDING THROUGH COUNSEL OF OUR OWN CHOOSING AT OUR OWN EXPENSE. YOU WILL ALSO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN RESPONDING TO ANY LEGAL ACTION, SUBPOENA, SEARCH WARRANT, OR COURT ORDER REQUIRING THE PRODUCTION OF INFORMATION OR DOCUMENTS RELATED TO (I) THROUGH (IV) ABOVE.

33. Release

If you have a dispute with one or more Users or Providers, you release DIYwithHelp (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR REQUIREMENT IN ANY OTHER JURISDICTION, WHICH STATES: "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."

34. Dispute Resolution

For any dispute between you and a Provider and/or User, you are advised to contact the Provider directly. You may also contact us at admin@diywithhelp.com, and we may, but are not obligated to, attempt to resolve the dispute informally by contacting the applicable Provider. All dispute decisions by us are final and are at our sole discretion. If you disagree with our decision, then you may pursue whatever option is available to you with respect to the User and/or Provider, but you acknowledge and agree that DIYwithHelp will not be a party to such a dispute and has no obligation to provide assistance or otherwise take part in the dispute resolution process beyond the actions specified in this subsection.

For any dispute with us, you agree first to contact us at admin@diywithhelp.com and attempt to resolve the dispute for at least thirty (30) days before initiating any arbitration or court proceeding. If we are unable to resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this provision to arbitrate, shall be determined solely and exclusively by binding arbitration before a single arbitrator. You and we also agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and that such arbitration will be conducted in Los Angeles, California, unless you and we agree otherwise. Each party will be responsible for paying AAA filing, administrative, and arbitrator fees per AAA 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. This arbitration provision is governed by the Federal Arbitration Act.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THESE TERMS. 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 WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

35. Governing Law

The laws of the United States and the State of California shall govern these Terms without regard to the principles of conflict of laws. Any dispute between the parties excluded from the arbitration provision or that cannot be heard in small claims court shall be resolved in the United States District Court for the Central District of California, and the parties submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the Central District of California, then the exclusive forum and venue for any such action shall be the courts of the State of California, located in Los Angeles County, and the parties hereby submit to the personal jurisdiction of that court.

36. General Provisions

Contact

For questions regarding these Terms of Service, contact us at admin@diywithhelp.com.