THOYEN Terms of Use 

1. Introduction

    1. Students - WELCOME to the THOYEN Community! These Terms of Use constitute a legally binding agreement (“Agreement”) between you and THOYEN, LLC (“Company” or “THOYEN” or “us”, “we” or “our”) governing your use of the THOYEN Platform (as defined below). The THOYEN mobile application for iOS and Android devices (the "App"), and your access to and use of THOYEN’s website located at http://www.THOYEN.com (the "Website") including any content, functionality and services offered on or through the App or Website, is collectively referred to as the "THOYEN Platform".

    2. The THOYEN Platform is provided to you subject to this Agreement as well as our Privacy Policy ("Privacy Policy") which is available at https://THOYEN.com/privacy-policy and is incorporated in this Agreement by this reference.

    3. You agree that by clicking “Sign Up” or similar, registering, accessing or using our Platform and Tasks (described in section 3), you are agreeing to enter into a legally binding contract with THOYEN. If you do not agree to this contract (“Terms of Use”), do not click “Sign Up” (or similar) and do not access or otherwise use any of our Tasks. If you wish to terminate this Agreement at any time you can do so by closing your account and no longer accessing or using our Platform.

    4. THOYEN Platform including the App is licensed, not sold, to you for use only under these Terms of Use. Subject to your complete and ongoing compliance with these Terms of Use, THOYEN hereby grants you a personal, limited, revocable, non-transferable license to use the THOYEN Platform on compatible devices that you own or control.

    5. THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND THOYEN HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 35 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THOYEN TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR STUDENT GROUP OR PROCEEDING. AS A PROVIDER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 35.

 

  1. Eligibility

The THOYEN Platform may only be used by Students (defined as currently enrolled students at University of Southern California at Los Angeles, California, Texas A&M University at College Station including Blinn College at Bryan, University of Houston at Houston, and Univeristy of Texas at Austin – together these four Universities will henceforth be referred to as “The Universities or University”) who can form legally binding contracts under applicable law. Customers and Providers together are called Users as defined below. “Customers” are Students seeking to obtain “Tasks” (as defined in Section 3) from Providers and are therefore customers of Providers, and “Providers” are Students seeking to perform Tasks for Customers. Customers and Providers together are called “Users.” The THOYEN Platform is not available to minors (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and a Student enrolled at the University and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. Further, if you are signing up to be a Provider you represent and warrant you are legally allowed to work in the USA. In addition, you may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. You enter into this Agreement on your own behalf and no one else or company. Students who are enrolled as Providers are automatically enrolled as Customers.  Such Providers have the option to use the Customer App if they so choose; otherwise they can be just Providers.

 

  1. Tasks

THOYEN Platform connects Providers and Customers and provides a communication platform. The Tasks listed and as defined by this Platform in Section 40 include the following major categories: Apartment Cleaning, Housework, Laundry, Special Skills, Pickup & Delivery, Buy & Sell Items, Carpool, Pack & Move, Vehicle Cleaning & Name your Task with exceptions detailed in various places as applicable in the THOYEN Platform. If you agree on the terms of a Task with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 9 below.

 

  1. Highlights of these Terms of Use

    1. The THOYEN Platform is provided “as is” and without warranty (Section 31);

    2. The THOYEN Platform including the App is licensed, not sold to you (Section 1);

    3. You represent that you are able to form a binding contract in your jurisdiction (Section 2);

    4. You will comply with our Terms of Use (Section 41);

    5. You will provide accurate and complete information when creating an account (Section 19e);

    6. You give us permission to use your name, profile picture, and information about your actions without any compensation to you (Section 19a);

    7. You give us permission to update THOYEN Platform or software you use or download.  If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it (Section 19f);

    8. You are solely responsible for the activity that occurs while signed in to or while using THOYEN Platform (Section 10);

    9. As a Provider, once you accept a Task you are contractually bound to complete it in accordance with this Agreement and any specifications provided to you by the Customer (Section 9);

    10. Company has no liability regarding the Tasks or THOYEN Platform (Section 32);

    11. Company does not supervise, direct or control a Provider’s work or the Tasks in any manner (Section 6);

    12. Customers are responsible for determining if the Provider they hire is qualified to perform the Task. COMPANY does not determine whether any particular Provider holds a license, certification, accreditation or insurance (Section 9.4); You release Company from liability based on claims between Users (Section 17);

    13. You indemnify Company from claims due to your use or inability to use the THOYEN Platform or content submitted from your account to the THOYEN Platform (Section 33);

    14. You have sole responsibility for your User Submissions, including discussion posts, profile information, links, pictures, and other such content (Section 26);

    15. You affirm that you own or have the necessary licenses, rights, permissions, and consent to use and authorize THOYEN to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across THOYEN (Section 29);

    16. You grant each THOYEN User, whether using THOYEN or an application developed via a third-party developer, a non-exclusive license to access your submissions through THOYEN and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through THOYEN's functionality and under these Terms of Use (Section 26);

    17. You will not submit material that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such materials to THOYEN (Section 26);

    18. You affirm we have the right to determine whether any of your submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice (Section 23).

    19. You consent to accord safety (meaning to eliminate or minimize the occurrence or risk of injury, danger, or loss to property or life) a top priority (Section 8);

    20. Account access is provided only if you have not previously been suspended or removed from the Platform (Section 2);

    21. You consent to submit any claims against Company to binding arbitration on an individual basis only (Section 35).

 

  1. Changes to Terms of Use

    1. Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the THOYEN Platform or any content or information through the THOYEN Platform at any time, effective with or without prior notice and without any liability to Company. We may modify this Terms of Use, our Privacy Policy and our Cookies Policies. If we make material changes to it, we will provide you notice through our Platform, or by other means, but will not be liable for any failure to do so or reach you in a timely manner.

    2. We hope that you will continue using our services, but if you do not agree to our current or updated Terms of Use and no longer want to be a part of the THOYEN community, you can delete your account at any time. Should you owe anything, that amount will be settled as agreed prior to deletion of your account. Your continued use of our services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

    3. Company may also impose limits on certain features or restrict your access to parts or all of the THOYEN Platform without notice or liability.

 

  1. THOYEN Platform is a technology driven college bulletin board and enables connections or introductions between Users for the various Tasks as indicated in Section 3

    1. THOYEN Platform is only a venue. Company does not take part in the interaction between Users. THOYEN does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Tasks, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Providers. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested and provided by Users identified through the Platform whether in public, private, or offline interactions. Company does not assume any responsibility for the accuracy or reliability of this information or any information on the Platform.

    2. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. COMPANY IS NOT RESPONSIBLE FOR THEFT OF ANY ITEMS. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE THOYEN PLATFORM AND YOU HEREBY RELEASE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE THOYEN PLATFORM.

    3. PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF COMPANY. COMPANY DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A PROVIDER’S WORK AND IS NOT RESPONSIBLE FOR THE WORK PERFORMED OR THE TASKS IN ANY MANNER.

    4. The Company makes no claims of User vetting. This platform is restricted to currently enrolled Students at the University. Company will make its best efforts to enroll only Students at the University. Should it come to its notice that the User is not a current student, then Company will remove the User from its Platform. In general, the Company does not perform background checks. In Company’s sole discretion, certain Users may be subject to an extensive vetting process before they can register for or after they register and during their use of the THOYEN Platform, including but not limited to a verification of identity and a comprehensive criminal background check, using third party services as appropriate. Users hereby give consent to Company to conduct background checks and agree to provide all necessary information needed to conduct the background check when required and as often as required in compliance with federal and state laws, including, without limitation, the Fair Credit Reporting Act.

    5. Although Company may perform background checks of certain Users from time to time, as outlined above, Company is not required to do so and cannot confirm that each User is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the THOYEN Platform.

Identity Authentication - You hereby authorize the Company, directly or through third parties or your University, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes. Should the Company be not satisfied with the Identity, the Company at its sole discretion may remove the User from the THOYEN platform. This decision is exercised at our sole discretion and we are not obligated to provide an explanation as to the action taken against your account, nor are we liable to a User in any way with respect to deactivating or canceling his or her account.

 

YOU ACKNOWLEDGE AND AGREE THAT THOYEN IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF USING THE THOYEN PLATFORM. THOYEN IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROVIDERS AND CUSTOMERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES. Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person you do not know.  Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification process and nothing else. Any such description is not an endorsement, certification or guarantee by THOYEN about any User, including of the User's identity or background or whether the User is trustworthy, safe or suitable.

 

We disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

 

  1. User Representations and Warranties

    1. You represent and warrant that you have read, understand and agree to be bound by this Agreement in order to access and use the THOYEN Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, roommates, apartment mates, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or Company in connection with THOYEN Platform without the prior written consent of any relevant User. You further represent and warrant that you will fulfill the commitments you make to other Users including paying/receiving payment through the THOYEN Platform ONLY, communicating clearly and promptly through the chat thread and/or respond to invitations promptly, being present and/or available at the time you agree upon with your Provider or Customer as the case may be and not using cash but only utilizing the third party payment processing system specified or approved by us to make or receive payment for Tasks provided through the THOYEN Platform. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. Providers additionally represent and warrant that you will provide timely, safe and high-quality work to your Customers. Further, you will only offer and provide Tasks for which you have the necessary skills, expertise or work experience.

    2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH ITS REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

    3. Company does not VERIFY, and is not responsible for verification of, any licenses including driver’s licenses and certification.

 

  1. Safety

    1. Provider: As a Provider you will render your work in a safe manner. Safety takes priority over work, and you promise not to compromise on safety.

    2. Customer: As a Customer, you will provide a safe work environment.

    3. Company is NOT responsible for ensuring the safety of Users.

 

  1. Service Agreement between Customers and Providers

    1. A “Service Agreement” is formed when you agree on the terms of a Task with another User. The Service Agreement includes the terms set forth in this Agreement, the engagement terms proposed and accepted on the THOYEN Platform, and any other contractual terms accepted by both the Provider and their Customer to the extent such terms do not conflict with the terms in, and do not expand Company’s obligations or restrict Company’s rights under, this Agreement. You agree that Company is not involved in the actual transactions between Users and is not a party to any Service Agreement, and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Provider.

    2. Where approved in advance by the Customer, the Provider is obligated to personally perform the Tasks. Should the Provider use the help of any assistants or helpers, the Provider shall require any such individuals to become registered Providers on the THOYEN Platform pursuant to Company policies as described on the THOYEN Platform. A Provider’s failure to bring an assistant who is not a registered Provider could lead to removal from the THOYEN Platform. The Provider assumes full and sole responsibility for the payment of all compensation, benefits and expenses of assistants, if any, and for all required and applicable state and federal income tax withholdings as to the Provider and all persons engaged by the Provider in the performance of the Tasks.

    3. You may not be a Provider for yourself (Customer).

    4. Customers are responsible for determining if the Provider they hire is qualified to perform the Task. COMPANY does not determine whether any particular Provider holds a license, certification, accreditation or insurance.

    5. The Customer shall pay their Provider directly for completed Task through the Payment Service Provider (PSP) as indicated on the THOYEN Platform at the rates agreed to by the parties in the Service Agreement. Each party agrees to comply with this Agreement during the engagement, performance and completion of a Task. Both parties agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate and resolve any dispute informally. Company while not obligated to, may at its discretion, assist the parties for thirty (30) days to resolve the dispute.

 

  1. Responsibility for User’s Use of THOYEN Platform

    1. You, as the User, are solely responsible for any information or content posted or privately transmitted through the THOYEN Platform by you or through a device linked to you, and you access all such information and content at your own risk.

    2. Company is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.  We cannot control and have no duty to take any action regarding how you may interpret and use any items or information posted, uploaded, shared, stored, or otherwise provided by other Users (“Content”) or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the THOYEN Platform.  We can't guarantee the identity of any Users with whom you interact in using the Platform and are not responsible for which Users gain access to the THOYEN Platform. Company reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the THOYEN Platform at any time and for any reason without notice.

    3. You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that Company is not responsible for any errors or omissions that you make in connection with the THOYEN Platform. By submitting or posting User Content, you hereby grant to Company a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name and any other information you submit with the User Content, in connection with the THOYEN Platform. The use of your or any other User’s name, likeness, or identity in connection with the THOYEN Platform does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.

 

  1. Excluded Tasks

Users hereby agree not to schedule or perform any of the following Tasks or transactions through the THOYEN Platform (collectively, the "Excluded Tasks"):

 

  1. Tasks that require a permit, including, but not limited to, remodeling, plumbing and electrical projects;

  2. Tasks that are professional Tasks, including, but not limited to, Tasks performed by lawyers, actuaries, accountants, architects, engineers, health professionals, medical professionals, financial advisers, management consultants, or investment advisors – unless you have an authorized certificate and experience to offer the Task and take full liability for your Task;

  3. Tasks related to childcare (e.g., babysitting), eldercare or lifeguarding Tasks;

  4. Tasks related to massage or escort;

  5. Tasks related to pet care;

  6. Tasks that are performed on roofs or higher levels that make the User uncomfortable and unsafe;

  7. Tasks that make the User unsafe or uncomfortable;

  8. Tasks that involve the handling of weapons, explosives or hazardous materials;

  9. Tasks or transactions involving alcohol or drugs;

  10. Any Task that is illegal or criminal or sexual in nature in the state or locality.

 

If you are involved in the purchase, sale, pickup, delivery or moving of items, you also agree to adhere to the Prohibited Items which is accessible via this link and is incorporated in this Agreement by this reference.

 

  1. Access to the THOYEN Platform, Outages and Browser Incompatibilities

The THOYEN Platform may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. Company cannot be held liable for any perceived or actual damages arising from content, operation, or use of this Platform. Company is not responsible for any damages to your mobile phone due to usage of THOYEN services.

 

  1. Typographical Errors

While we try to make sure that all prices posted on the THOYEN Platform are communicated accurately, we cannot be responsible for the typographical and other errors that may appear on the Platform. If there is incorrect information given about a price, Item, or Task due to a typographical error, Company is not responsible for such error or its correction; but will attempt to correct such error promptly. We reserve the right to refuse or cancel any orders for Items or Tasks listed at an incorrect price.

 

  1. Billing and Payment

    1. Users of the THOYEN Platform contract for Tasks directly with other Users. Company will not be a party to any contracts for Tasks. Payment for Tasks through the THOYEN Platform is made directly from the Customer to the Provider and not by Company. If a Customer fails to pay a Provider for Tasks provided through the THOYEN Platform, Company may, in its sole discretion, pay the Provider for such Tasks but Company is not obligated to do so.

    2. Payment processing services on THOYEN are provided by Stripe (and subject to change at a later date) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to use THOYEN, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of THOYEN enabling payment processing services through Stripe, you agree to provide THOYEN accurate and complete information about you, and you authorize THOYEN to share it and transaction information related to your use of the payment processing services provided by Stripe.

    3. Task Payment and fees must be paid through the Payment Service provider (PSP) as indicated on the THOYEN Platform.

    4. Users of the THOYEN Platform will be liable for any taxes required to be paid on the Tasks provided under the Agreement.

    5. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment through another method, including a mailed statement.

    6. Company charges a fee for its services and may change the fees for our services as we deem necessary or appropriate for our business.

 

  1. Vouchers and Promotional Codes

Vouchers or promotional codes (Vouchers) may be available and can be used to pay Task payments associated with a Task provided through the THOYEN Platform. Vouchers are an offer (subject to the terms of the voucher) by Company to reduce the amount a Customer has to pay in relation to a Task payment and/or our Task fee, and Vouchers will not affect the amount of the Task Payment a Provider ultimately receives. You agree that you will only use one Voucher per person, and will comply with Voucher terms. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Voucher by you or any other User in the event that Company determines or believes that the use or redemption of a Voucher was in error, fraudulent, illegal, or in violation of the applicable Voucher terms or these Terms.

 

  1. Digital Gift Cards

Digital Gift cards are now available for users.  GiftUp company has been selected by Thoyen.  All such Gift cards are subject to the terms of use of GiftUp.  Please see https://help.giftupapp.com/article/39-terms-conditions

 

  1. Release

    1. The THOYEN Platform is only a venue for connecting Users. Any dispute that Users (Customers and Providers) may have regarding the performance of any Tasks, including any dispute related to the time, place, and manner of doing so, is between Customer and Provider. Company is not a mediator in disputes between Customer and Provider.

    2. Because Company is not involved in the actual contact between Users or in the completion of the Task, in the event that you have a dispute with one or more Users, you release Company and its affiliates (and their respective officers, directors, agents, investors, and employees and independent contractors) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

    3. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS THOYEN PLATFORM.

    4. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

  1. Public Areas; Acceptable Use

The THOYEN Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. For the safety and integrity of the THOYEN Platform, you may not share your personal contact information with other Users.

 

  1. COMPANY “Dos and Don’ts”

THOYEN is a community of College or University Students living on or off campus. THOYEN Platform encourages communication in a climate of mutual respect. Any action by a User that infringes on another User's right to use and enjoy THOYEN’s Platform is prohibited. Company reserves the right, but does not assume any obligation, to monitor your online conduct to enforce these Terms of Use. This list of “Dos and Don’ts” limits what you can and cannot do on the platform or with our Tasks or Services.

 

You agree that you will:

    1. Use your real name on your profile and create only one account that will be used for Provider or Customer or both;

    2. Be a current student and over 18 years of age enrolled at the University;

    3. Deactivate your account when you are no longer a student at the University;

    4. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and tax laws;

    5. Provide accurate information to us and keep it updated;

    6. Give us permission to update or modify features to improve, enhance, and further develop the THOYEN Platform or software you use or download;

    7. Use the services in a professional manner; and

    8. As a User, keep safety at the top of your priority.

 

You agree that you will NOT:

    1. Create a false identity on THOYEN Platform, misrepresent your identity, create a User profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

    2. Register under different usernames or identities, after your account has been suspended or terminated or register under multiple usernames or identities;

    3. Interfere with or disrupt the use and enjoyment by others of the THOYEN Platform, including without limitation attempting, in any manner, to obtain the password, account, or other security information of any other User;

    4. Provide any information that is false, incomplete, misleading or inaccurate;

    5. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Company staff, or use information learned from the THOYEN Platform or during the performance of Tasks to otherwise defame, abuse, harass, discriminate, sexually harass, use violence, stalk, threaten, intimidate or mislead, or otherwise violate the legal rights of any other User or Company staff inside or outside of the THOYEN Platform;

    6. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the THOYEN Platform;

    7. Copy, use, disclose or distribute any information obtained from the Platform, whether directly or through third parties (such as search engines), without the consent of Company;

    8. Use the THOYEN Platform for any purpose, including, but not limited to posting or completing a Task, in violation of local, state, national, or international law;

    9. Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party;

    10. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer;

    11. Override any security feature or bypass or circumvent any access controls or use limits of the THOYEN Platform;

    12. Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;

    13. Advertise or offer to sell any Tasks for any commercial purpose through the THOYEN Platform which are not relevant to the Tasks offered through the THOYEN Platform;

    14. Post or complete a Task requiring a User to (i) purchase or obtain gift cards, money orders or high value items (over $999) without notifying Company, (ii) post ratings or reviews on any third-party website in breach of such third-party website’s terms of use, or (iii) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Company in its sole discretion;

    15. Conduct or forward surveys, contests, pyramid schemes, or chain letters;

    16. Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;

    17. Transfer, use, or sell your THOYEN account and/or ID to any another student or party;

    18. Post the same Task repeatedly (“spamming”) or duplicate postings;

    19. Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the THOYEN Platform;

    20. Restrict or inhibit any other User from using and enjoying the Public Areas;

    21. Imply or state that any statements you make are endorsed by Company, without the prior written consent of Company;

    22. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to copy the services or otherwise copy profiles and other data from the THOYEN Platform in any manner;

    23. Hack or interfere with the THOYEN Platform, its servers or any connected networks.

    24. Attempt to probe, test, hack, or otherwise circumvent any security measures;

    25. Adapt, alter, license, sublicense or translate the THOYEN Platform for your own personal or commercial use;

    26. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Company;

    27. Use Company’s intellectual property; 

    28. Upload content to the THOYEN Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;

    29. Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;

    30. Have any physical contact between Users, beyond that customarily involved in introductions and greetings;

    31. Use the THOYEN Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the THOYEN Platform as set forth herein;

    32. Use the THOYEN Platform to collect usernames and or/email addresses of Users by electronic or other means;

    33. Use the THOYEN Platform for any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;

    34. Use the THOYEN platform to discriminate or harass anyone on the basis of race, national origin, religion, gender, marital status, age or sexual orientation in violation of any State or Federal Law or State or Federal Constitution;

    35. Advertise links to or information about flea markets, yard sales, garage sales; URLs or links to websites; timeshares; multi-level marketing schemes and related promotional materials; employment postings; lost pet ads; help wanted ads; solicitations and trading;

    36. Post unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");

    37. Use the THOYEN Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes;

    38. Use the THOYEN Platform in a manner to create transactions that are not genuine including manipulating the pricing of the Tasks;

    39. Attempt to circumvent the payments system in any way including, but not limited to, processing payments outside of the THOYEN Platform, including inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;

    40. Attempt or create any fraudulent activities;

    41. Take any action that: (i) imposes or may impose, in Company’s sole discretion, an unreasonable or disproportionately large load on its infrastructure; (ii) interferes or attempts to interfere with the proper working of the THOYEN Platform; or (iii) disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of THOYEN Platform;

    42. Attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the App, any other software, products, models, prototypes, or other items provided by Company that use, embody, or contain Confidential Information;

    43. Cause any third party to engage in the restricted activities above;

    44. Carry any weapons;

    45. Use THOYEN for any purpose that’s fraudulent or unlawful including the sale of counterfeit or stolen items;

    46. Use THOYEN in any way to facilitate gambling and/or gaming activities, regardless of the location or type of gambling activity;

    47. Trade, barter, buy, sell or create sexually obscene material;

    48. Trade, barter, buy, sell or create illegal narcotics and other controlled substances;

    49. Trade, barter, buy, sell or create counterfeit or stolen items;

    50. Infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy;

    51. Engage in activities that in any way violate any law, statute, ordinance, contract or regulation, including, but not limited to, those governing financial services; consumer protection, unfair competition, anti-discrimination, or false advertising;

    52. Find parties and engage in and sales transactions removed from the THOYEN system, with the purpose of avoiding paying THOYEN fees;

    53. Put services or listings to link to other websites;

    54. Encourage others to violate this Agreement;

    55. Disclose the personal information of any User of the App without the permission of that User;

    56. Create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers; or

    57. Use, or attempt to use the THOYEN Platform for purposes other than its intended purpose, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of its service.

 

Use of the THOYEN Platform or the Tasks in violation of this Agreement will lead to your account being terminated and you will be subject to damages and other penalties, including criminal prosecution. To register a complaint about another User's conduct, please email support@THOYEN.com.

 

  1. Communication

    1. By accessing and using the THOYEN Platform you acknowledge and agree that you may receive certain communications from the Platform (such as SMS, text messages, emails, or other electronic communications means, collectively “Mobile Communications”). Please note that by accessing and using the Platform, or by using certain mobile features, such as receiving or sending Mobile Communications via your mobile device, you may incur fees from the provider or carrier of the mobile services that you use and you are solely responsible for the payment of such fees. By using the Platform, you expressly agree to receive Mobile Communications from the Platform including the App. You may manage Mobile Communications in the settings tab of your profile; however, some basic communications are a necessary part of the App and may not be disabled.

    2. When you use the App, we may collect location information from the GPS functionality on your device. You hereby authorize us and to take such actions and access such data. You can grant or revoke your consent at any time and prevent us from continuing to access your GPS information by changing the settings on your device. You hereby authorize the App to access such components of your mobile device. Should you revoke your consent, then you may not be able to use the features of the Platform including the App as intended.

 

  1. Item Listings for Buy and Sell

    1. The THOYEN Platform includes a forum where Users may post and browse listings for items, including second-hand items (“Items”) for sale purposes. Such listings and Items are provided by Users, and not by us. WE DO NOT SELL OR OTHERWISE MAKE AVAILABLE ANY ITEMS. WE DO NOT BUY OR OTHERWISE ACQUIRE ANY ITEMS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH LISTINGS OR ITEMS, FOR ANY TRANSACTIONS OR TRANSFERS INVOLVING ITEMS, INCLUDING THE DELIVERY OF ANY ITEMS OR FOR ANY DISPUTE BETWEEN USERS RELATING TO ANY SUCH LISTINGS OR ITEMS. PLEASE USE CAUTION AND COMMON SENSE WHEN BUYING, SELLING OR OTHERWISE TRANSFERRING ANY ITEM, OR MAKING OR RECEIVING PAYMENT FOR ANY ITEM.

    2. Neither the availability through the Platform of any such listing, nor any promotional services that we may make available to the User who posted such listing, implies our endorsement of the listed item or the Provider of such Item, or any affiliation with such Provider. We make no representations as to any Items or listings, or any Providers of Items. Such information and the availability of any Item is subject to change at any time without notice. You must ascertain and obey all applicable laws regarding the marketing, promotion, sale, purchase, delivery, receipt, possession and use of any Item. We reserve the right to remove any Item listing for any reason.

    3. You must ensure that you have the necessary authority and permissions to post any Item listing, and to enter into any transaction or make any transfer relating to an Item.

    4. By entering into this Agreement, you also agree to follow and adhere to the section on Prohibited Items.

 

  1. Task Cancellation

    1. Cancellation by Customer: As a Customer, you may cancel your scheduled Task appointments at any time provided no Provider has accepted your posting. Should a Provider accept your posting, you are subject to the following

       

       

 

The above policy is subject to change from time to time.

 

    1. Cancellation by Provider: As a Provider, although you may cancel your scheduled Task appointments if absolutely necessary, please understand that your cancellations are serious matters and may result in the suspension or deactivation of your Provider Account. If you are more than 15 minutes late for a scheduled appointment (note: the scheduled time for a “Request Now” appointment is within 1 hour from the time you are selected by your Customer) or fail to complete a scheduled Task, you shall be deemed to have cancelled such appointment. When you cancel a scheduled Task appointment, the THOYEN Platform generally notifies your Customer to resubmit the request for Task. THOYEN cannot guarantee that a cancelled Task appointment will be selected by another Provider and rescheduled or that the Task request will be completed. Thus, your cancellation or failure to timely show up to perform a scheduled appointment could negatively impact your Customer and the THOYEN Platform. As a result, such conduct may adversely impact your rating among Customers. PLEASE BE ADVISED THAT YOUR CANCELLATION OF (A) ANY “REQUEST NOW” APPOINTMENTS, (B) ANY SCHEDULED APPOINTMENTS ON LESS THAN 24 HOURS NOTICE, OR (C) TWO OR MORE SCHEDULED APPOINTMENTS WITHIN A 60-DAY PERIOD IS A VIOLATION OF THE TERMS OF THIS AGREEMENT, AND MAY RESULT IN THE SUSPENSION OR DEACTIVATION OF YOUR PROVIDER ACCOUNT.

 

  1. Termination and Suspension

    1. Company may terminate, limit or suspend your right to use the THOYEN Platform in the event we believe that you have breached this Agreement (a “User Breach”) at any time with or without notice. Company has the sole right to decide whether you are in violation of any of the restrictions set forth herein. Company’s decision is binding. We also reserve the right to add, modify or discontinue any of the Tasks offered by Company at any time (including by adding, limiting or discontinuing certain features of the Task) without notice to you. We will have no liability whatsoever on account of any change to the Task or any suspension or termination of your access to or use of the Task.

    2. If Company terminates, limits, or suspends your right to use the THOYEN Platform as a Provider for a User Breach, you will not be entitled to any refund of any unused balance in your account, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating, limiting, or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing arbitration, criminal, and injunctive redress in accordance with Section 35.

    3. Even after your right to use the THOYEN Platform is terminated, limited, or suspended, this Agreement will remain enforceable against you.

    4. Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the THOYEN Platform at its sole discretion and without notice. Company is not liable to you for any modification or discontinuance of all or any portion of the THOYEN Platform. Notwithstanding anything to the contrary in this Section, Company has the right to restrict anyone from completing registration as a Provider if Company believes such person may threaten the safety and integrity of the THOYEN Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.

    5. You may terminate this Agreement at any time by ceasing all use of the THOYEN Platform. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement. Account termination, deletion, or deactivation may result in destruction of any and/or all User Submissions (as defined in Section 26) or Content associated with your account, so keep that in mind before you decide to terminate your account.  We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's right, safety or security, or otherwise harmful to the rights or property of Company.

 

  1. Account, Password, Security, Mobile Phone Use, Texts & Calls and E-Mails

    1. You must register with Company and create an account to use the THOYEN Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Company for accessing the THOYEN Platform. You are solely and fully responsible for all activities that occur under your password or account. Company has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact Company immediately.

    2. By providing your mobile phone number and using the THOYEN Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and texts (including prerecorded and/or by automatic telephone dialing systems) in order to (a) perform and improve upon the THOYEN Platform, (b) facilitate the carrying out of Tasks through the THOYEN Platform, (c) provide you with information and reminders regarding your registration, upcoming Tasks, changes and updates and service outages. These calls and texts may include, among other things, reminders about uncompleted or upcoming Tasks and/or in follow up to any push notifications delivered through our mobile application. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on the Platform. Should you opt out, then you may not experience the full benefits of the THOYEN Platform.

    3. E-mail communications sent from us or through us are designed to make your THOYEN experience more efficient. By becoming a User, you specifically agree to accept and consent to receiving e-mail communications initiated from us or through us, which include, without limitation: message notification e-mails, e-mails informing you about potential available Tasks, e-mails informing you of promotions we run and emails informing you of new and existing features we provide. If you do not wish to receive any of our e-mail communications you may opt out but may not be able to avail yourself of all the benefits of THOYEN.

 

  1. Rate and Review

    1. The THOYEN Platform provides User generated reviews and ratings of Providers and Customers (“Feedback”). The ratings of Providers and Customers is on a scale from 1 (Worst) to 5 (Best). Such Feedback is the User’s opinion and not the opinion of Company, has not been verified or approved by Company, and each Customer should undertake their own research to be satisfied that a specific Provider is the right person for a Task. Similarly, each Provider should undertake their own research to be satisfied that a specific Customer is the right person for the Provider to do the Task. You agree that Company is not liable for any Feedback or other User Submission. Company encourages each User to give objective, constructive and honest feedback about the other Users with whom they have transacted. Company does not investigate any remarks posted by Users for accuracy or reliability. The ratings and feedback you provide shall be made in good faith. Company reserves the right to edit or remove comments in the event that such comments include obscenities, objectionable content, personal information, or violate any privacy laws, other applicable laws or this Agreement.

    2. You must maintain an average rating (3 or above) as may be notified to you from time to time by Company in its sole discretion. In the event your rating falls below the Minimum Rating (defined as below 3), Company may notify you, and may provide you, in Company’s discretion, a limited period of time to raise your rating above the Minimum Rating. In the event you fail to raise your rating above the Minimum Rating within the time period specified by Company, Company reserves the right to deactivate your access to the THOYEN Platform.

 

  1. User Submissions


The THOYEN Platform may contain profiles and other features that allow Users to post, submit, publish, display or transmit to other Users content, photographs, images, or other related materials (collectively, "User Submissions"). Any User Submission you post to the site is subject to the governing provisions set forth in our Privacy Policy (See section 1.2).

 

    1. User Submissions will be considered non-confidential and non-proprietary. By providing any User Submission on the THOYEN Platform, you hereby grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. By posting or sharing User Submissions with other Users, to the fullest extent permitted under applicable law, you grant those Users a non-exclusive license to access and use those User Submissions as permitted by these Terms of Use and the functionality of the THOYEN Platform.

    2. You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright, publicity rights, and any other rights you have, in any media now known or not currently known in order to perform and improve upon the THOYEN Platform.

    3. Each Provider or Customer who provides to Company any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the THOYEN Platform, hereby irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:

      1. Use any videotape, film, record or photograph that such Provider or Customer provides to Company and use, reproduce, modify, or create derivatives of such Provider or Customer picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”), in and in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such Provider or Customer in connection with the THOYEN Platform.

      2. Reproduce in all media any recordings of such Provider’s or Customer’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the THOYEN Platform.

      3. Use, and permit to be used, such Provider’s or Customer’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the THOYEN Platform in any media.

      4. Use, and permit to be used, such Provider’s or Customer’s name and identity in connection with the THOYEN Platform.

    4. Each User hereby waives all rights and releases Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personally or any similar matter, or based upon or relating to the use and exploitation of such Provider’s or Customer’s identity, likeness or voice in connection with the THOYEN Platform.

    5. Each Provider or Customer acknowledges that Company shall not owe any financial or other remuneration for using the recordings provided hereunder by such Provider or Customer, either for initial or subsequent transmission or playback, and further acknowledges that Company is not responsible for any expense or liability incurred as a result of such Provider’s or Customer’s recordings or participation in any recordings, including any loss of such recording data.

 

  1. Links to Other Websites

THOYEN may contain links to other websites. We are not responsible for the practices, privacy policies or the content of such third-party websites. We encourage our Users to read the terms of use and privacy statements of each and every website they visit. The ability to access information of third-parties from THOYEN, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third-parties, their Items, their services, other websites, locations or their content. By using THOYEN you expressly relieve us from any and all liability arising from your use of any third-party website.

 

  1. Intellectual Property Rights & Complaints

    1. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the THOYEN Platform is owned by Company, excluding User Submissions that Company has the right to use as described in Section 26. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the THOYEN Platform without Company's express prior written consent and, if applicable, the holder of the rights to the User Submissions. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Company and, if applicable, the holder of the rights to the User Submissions.

 

    1. Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the THOYEN Platform infringe upon your copyright or other intellectual property right, please send the following information to Company at: THOYEN LLC, 2603 Cottage Creek Ct., Pearland TX 77584 or support@THOYEN.com.

      1. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the THOYEN Platform where the material you claim is infringed is located. Include enough information to allow Company to locate the material, and explain why you think an infringement has taken place;

      2. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

      3. Your address, telephone number, and e-mail address;

      4. 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;

      5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

      6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

  1. Trademarks and Service Marks

All service and Item names and other terms, logos, or symbols used as source indicators for services of Company or affiliates, or a third party, as the case may be, are registered or unregistered trademarks or service marks owned by THOYEN LLC or the applicable entity (collectively, “Marks”). The absence of a name, trademark or logo in this list does not constitute a waiver of any intellectual property rights that Company has established in any of its services or Marks. All Marks used in connection with the software are the property of Company or third parties, as the case may be, and shall remain the property of Company and such third parties. Nothing contained in the software shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of Company or such third party that may own such Marks. Your misuse of any such Marks, or any other Content, is strictly prohibited.

 

  1. Confidential Information

    1. You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Company and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information. You shall promptly notify Company in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Company upon termination of this Agreement for any reason whatsoever.

    2. The term “Confidential Information” shall mean any and all of Company’s trade secrets, confidential and proprietary information and all other information and data of Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to Company’s business, operations and properties, including information about Company’s Users or the App, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

 

  1. No Warranty

    1. THE THOYEN PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE THOYEN PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE THOYEN PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE THOYEN PLATFORM, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE THOYEN PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF ITEMS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF AN ITEM OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE THOYEN PLATFORM WILL BE UNINTERRUPTED OR THAT THE THOYEN PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE THOYEN PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY TASK, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE THOYEN PLATFORM. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. COMPANY DOES NOT WARRANT THAT THE THOYEN PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

    2. EACH CUSTOMER IS RESPONSIBLE FOR DETERMINING THE TASK AND SELECTING THEIR PROVIDER, AND COMPANY DOES NOT WARRANT ANY ITEMS OR TASKS PURCHASED BY A CUSTOMER AND DOES NOT RECOMMEND ANY PARTICULAR PROVIDER. COMPANY DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY PROVIDER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.

 

  1. No Liability

    1. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE THOYEN PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE THOYEN PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

    2. UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE THOYEN PLATFORM OR THE TASKS, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. The User agrees that he or she shall not have a remedy of punitive, special, exemplary, TREBLE, indirect or consequential damages against any other party to this Agreement in connection with any claim or dispute arising hereunder and hereby waives any right or claim to any such damages that such User now has or which may arise in the future in connection with any such claim or dispute, whether such claim or dispute is resolved by arbitration or judicially. This contract shall be governed and construed in accordance with the laws of Texas, excluding Texas’s choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Texas, excluding Texas’s choice-of-law principles.

    3. COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE THOYEN PLATFORM.

    4. Further, Company shall not be liable for failure or delay in fulfilling its obligations due to any causes beyond its control, including without limitation - INTERNET ISSUES, severe weather, earthquake, transportation difficulties, riots, war, fire, system failures, explosions and epidemics.

    5. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COMPANY OR ITS PARTNERS IN PROMOTIONS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

 

  1. Indemnification

You hereby agree to indemnify, defend, and hold harmless Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, successors and assigns, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use the THOYEN Platform or Tasks, or (ii) your breach or violation of this Agreement; (iii) your violation of any law the rights of any User or third party (iv) any content submitted by you or using your account to the THOYEN Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company.

 

THE INDEMNIFICATION, RELEASE AND ASSUMED OBLIGATIONS PROVISIONS PROVIDED FOR IN THIS CONTRACT SHALL BE APPLICABLE WHETHER OR NOT THE LIABILITIES, LOSSES, COSTS, EXPENSES AND DAMAGES IN QUESTION AROSE OR RESULTED SOLELY OR IN PART FROM THE GROSS, SOLE, ACTIVE, PASSIVE, CONCURRENT OR COMPARATIVE NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT OR VIOLATION OF LAW OF OR BY COMPANY, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, successors and assigns, subsidiaries, and affiliates . COMPANY AND USER ACKNOWLEDGE THAT THIS STATEMENT COMPLIES WITH THE EXPRESS NEGLIGENCE RULE AND IS CONSPICUOUS.

 

  1. Disclaimer

    1. While Company strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does Company warrant or guarantee that any files available for downloading will be free of defects. Neither Company nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published in THOYEN.

    2. The content, Tasks, and features of THOYEN Platform are subject to change without notice. The inclusion of any content, Tasks, and features on THOYEN Platform at a particular time does not imply or warrant that these Items or Tasks will be available at any time.

    3. While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of THOYEN Platform and the accuracy and completeness of any information is with you.

    4. Opinions, advice and all other information expressed on THOYEN forums, comment sections, blogs, and any other area where user-generated Content is displayed, represent the individual's own views and are not necessarily those of Company. Company does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Company spokespersons.

 

  1. Disputes with Company - Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND COMPANY CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND THOYEN TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

Disputes between you and Company regarding our services may be reported by emailing us at the following email address: support@THOYEN.com.

    1. Informal Negotiations:

      1. To expedite resolution and reduce the cost of any dispute, controversy or claim between you and Company (each a “Claim” and collectively “Claims”), you and Company agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration. This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to THOYEN LLC, 2603 Cottage Creek Ct., Pearland, Texas. Attention: Legal. If necessary to preserve a Claim under any applicable statute of limitations, you or Company may initiate arbitration while engaging in the informal negotiations.

      2. During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.

      3. After a good faith effort to negotiate, if you or Company believe a Claim cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the Commercial Arbitration Rules (the “AAA Rules”).

 

    1. Agreement to Binding Arbitration

      1. IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND COMPANY MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS BETWEEN YOU (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

      2. This agreement to arbitrate contained in this Section 35 (“Disputes with Company – Arbitration & Class Action Waiver”) is governed by the Federal Arbitration Act and survives the termination of this Agreement and your relationship with Company.

      3. Generally, in the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, YOU AND COMPANY MUTUALLY AGREE THAT EVERY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Arbitrators shall resolve the dispute by applying this Terms of Use Agreement and the Laws of Texas. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

 

    1. Arbitrator

      1. If there is a dispute about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and Company agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disputes, except as expressly provided below.

      2. Any arbitration between you and Company will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting THOYEN.

 

    1. Notice

      1. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice").  Company's address for Notice is: THOYEN LLC 2603 Cottage Creek Ct, Pearland Texas 77584 Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.

 

    1. Fees

      1. If you commence arbitration in accordance with this Agreement, Company will reimburse you for your payment of the filing fee, unless your claim is for more than $3,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Brazoria County Texas, but if the claim is for $3,000 or less, you may choose whether the arbitration will be conducted: (i) solely based on documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

 

    1. No Class Actions

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permitted under applicable law.

 

    1. Enforceability

If any part of this section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in this Agreement will govern any action arising out of or related to this Agreement. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

 

    1. Provider Opt-Out of Arbitration

If you are a Provider, you may opt out of the Arbitration Agreement by notifying Company in writing within thirty (30) days of your agreement to these Terms of Service. To opt out, you must send a written notification to Company at THOYEN LLC 2603 Cottage Creek Court, Pearland Texas 77584 Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.

 

    1. Governing Law; Jurisdiction

Except as set forth in this Section 35 entitled "Dispute with Company; Arbitration & Class Action Waiver,” this Agreement is governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflict of law. For all disputes not subject to arbitration under Section 35 hereof, you agree to submit to the personal jurisdiction and venue of the courts located within Brazoria County, Texas, and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

    1. Severability

In the event that any portion of this Section 35 is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Section shall be given full force and effect.

 

  1. Special Promotions

Company may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified or removed at any time by Company without advance notification and no liability to Company or any of Company’s office bearers.

 

  1. THOYEN is neither an Employment Service nor an Employer

    1. Company is not an employment service and does not serve as an employer of any User. Providers on the platform are not employees of THOYEN; rather, they are independent contractors. Providers set their own hourly rates for work, set their own schedules, and determine their own work areas. 

    2. As such, Company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of Users' services. You understand and agree that if Company is found to be liable for any tax or withholding tax in connection with your use of Users' services, then you will immediately reimburse and pay to Company an equivalent amount, including any interest or penalties thereon.

    3. All payments are made through a trusted third-party payment system, and income received through the platform is not taxed.  According to the IRS, all income is taxable. The best practice is to always report your income; however, Company will not be able to provide any additional tax advice. We recommend contacting a Certified Public Accountant if you need any advice on how to correctly report your income.

    4. THOYEN employees are not tax professionals and will not be able to answer additional questions regarding filing taxes. If you have questions, we recommend checking out the IRS website or asking a tax professional. With that in mind, Company does not give out 1099 forms unless you earn more than $20,000 in a calendar year and have more than 200 transactions. If you meet these qualifications, you will receive a 1099 from the PSP (Stripe).

 

  1. No Other Relationship

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

 

  1. General Provisions

Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Company with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, (iii) to any other successor or acquirer or (iv) to a partner. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Company, its successors and assigns.

 

  1. Task Categories and Additional Requirements as applicable to each Category

 

  1. SAFETY - ALL INTERACTIONS BETWEEN USERS ARE AT THE USER’S RISK. At all times during the use of our services and the THOYEN Platform you must exercise caution and use your common sense. As a User you agree to keep safety at the top of your priority. While THOYEN strives for a safe environment through these Terms of Use, THOYEN is not responsible for the safety for the Users.

 

  1. PROVIDER EQUIPMENT & MATERIALS FOR THE TASK-  As a Provider, you are solely responsible for any costs or expenses incurred by you in connection with the performance of the Tasks, and in no event, shall THOYEN reimburse, or be required to reimburse, you for any tools, materials, costs or expenses used in connection with the Tasks. You shall furnish and maintain, at your own expense, the tools, equipment, supplies, and other materials used to perform the Tasks. You, at your sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Tasks, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials. In the event, the Customer agrees to provide any tools and materials, the agreement is solely between the Customer and the Provider. THOYEN has no part or responsibility in this aspect.

 

  1. USER PERFORMANCE - Company has no control over and is not responsible for the performance, actions or inactions of any User, whether identified through our services, our applications, in public, private, or offline interactions, or otherwise. You acknowledge and agree that Company does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any User, or the failure of any User to provide the Tasks requested, or for any other aspect whatsoever of the service nor for the integrity, responsibility or any of the actions or omissions whatsoever of any Users.

 

  1. HOURLY TASKS – Tasks including Apartment Cleaning, Housework, Laundry, Special Skills, Pack & Move, Vehicle Cleaning and Name your Task are hourly Tasks. The minimum time for each of these Tasks is 1-hour, subject to maximum of 8 hours at a stretch. The Provider warrants to work on the Task(s) until the pre-agreed time frame with the customer is up. Should the Task require the provider to stay past the originally agreed length of time in order to complete the Task, then both the customer and provider should mutually agree to extend the time frame. Should the Provider finish their task in less than one hour for the Task, the Customer shall pay for the minimum of 1 hour.

 

  1. DAMAGE - If there is damage done to the Customer’s property, it is the customer’s responsibility to notify the Provider immediately of the damage following the Task. THOYEN IS NOT LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LIABILITY, LOST PROPERTY, PERSONAL INJURY, OR PROPERTY DAMAGE arising from the use of the THOYEN Platform.

 

As a Customer or Provider, you agree to the following additional Terms as applicable, depending on the type of Task you choose.

 

    1. APARTMENT CLEANING

 

Apartment Cleaning includes the following subcategories – normal cleaning, heavy cleaning, empty apartment cleaning and party cleaning.

 

      1. THOYEN is not responsible for any belongings that may be lost or otherwise disposed of in the course of performing cleaning by the Provider.  We strongly recommend that the Customer remove or keep safe any belongings they consider to be of value prior to starting work.

 

    1. HOUSEWORK

 

Housework includes organizing and assembling in the apartment or house.

 

      1. THOYEN is not responsible for any belongings that may be lost or otherwise disposed of in the course of performing housework by the Provider.  We strongly recommend that the Customer remove or keep safe any belongings they consider to be of value prior to starting work.

 

    1. LAUNDRY

 

Laundry includes washing, drying, folding and ironing clothes.

 

Customer is responsible for providing the specific requirements for the laundry work; while the provider warrants to do the job in a safe manner meeting the requirements of the Customer. While THOYEN strives for a safe environment through these Terms of Use, THOYEN is not responsible for the safety of the Users nor the clothes.

 

      1. THOYEN is not responsible for any clothes that may be lost or damaged in the course of performing laundry, including ironing by the Provider.  We strongly recommend that the customer check the clothes prior to the completion of the work.

 

    1. SPECIAL SKILLS

Special skills include certain specialized skills that only certain students have due to their education or training or talent. These skills may include singing, artwork etc. THOYEN gives an opportunity for student Providers to showcase their special skills and get paid in the process. Users warrant to adhere to section 11 (excluded Tasks) and the Prohibited Items List.

 

      1. THOYEN is not responsible to any injuries or property damage as a result of performing this Task, to the Users. THOYEN reserves the right to review any skills proposed by the Provider and reject them at its sole discretion if they violate the intent of THOYEN Terms of Use. THOYEN’s decision is final and binding. THOYEN further reserves the right to modify or eliminate this special skills category or sub categories as appropriate.

 

    1. PICK UP & DELIVERY

 

Pickup & Delivery Tasks includes pickup and delivery of Items (items that one student can typically carry without the help of others and does not include oversize or heavy items. Oversize items are those items that require more than one person to carry; and heavy items are items over 50 pounds.) from nearby stores, restaurants and running errands.

      1. Providers are responsible to know what the contents are inside the package or delivery they make. As a result, we have no control over and, to the extent permitted by law, make no representations, warranties or conditions in relation to the merchantability, suitability, quality, safety or legality of any Items picked up or delivered on THOYEN Platform although we do aim to ensure a safe place through these Terms, our Policies and the requirements of our Prohibited Items list which all Users under pickup & delivery must adhere to.

      2. Provider satisfies any and all legal requirements necessary to perform the pickup & delivery Tasks contemplated by this Agreement. Provider agrees to perform all deliveries in compliance with any and all applicable federal, state, and local laws, rules and regulations, including but not limited to applicable food and health safety laws, rules, and/or regulations. Additionally, Provider agrees that all Items delivered, including food, shall arrive to the Customer uncontaminated, free from tampering and in a timely manner.

      3. Provider shall be solely responsible for determining the most effective, efficient, satisfactory, and safe manner to perform deliveries, including determining the manner of pickup, delivery, and route selection. Provider agrees, for safety purposes, that Provider solely will personally pick up and drop off all Items accepted for delivery.

      4. Company requires that all Providers maintain an up-to-date, personal auto insurance policy.  Damages sustained to your vehicle or another vehicle or person(s) in an auto accident are your responsibility and should be addressed by your personal auto insurance carrier. Company does not provide auto insurance for Providers.   

 

    1. BUY & SELL

 

Buy & Sell Items includes all those items that students typically use such as books, calculators etc. subject to the Prohibited Items list. Also see section 21.

 

      1. Company does not pre-screen or vet the items offered by sellers through the site. Buyers should do their own due diligence. In other words – buyer beware.

      2. Sellers must be legally able to sell the Item(s) posted for sale. Sellers represent and warrant that they are the sole owners of Items they offer for sale on the THOYEN Platform.

      3. Sellers are solely responsible for pricing their items, and for calculating, remitting and repaying all applicable taxes in respect of items they sell through the THOYEN Platform.

      4. Disputes between buyers and sellers must be resolved between them. Company is not responsible for any disputes between Users. Users may elect to inform Company of disputes. Company at its own discretion, may or may not help resolve disputes as an informal mediator, however responsibility for resolution of disputes remains solely with buyers and sellers.

      5. If a User is reported or found to be selling Prohibited Items, Company reserves the right to remove the item and/or, subject to the severity of the breach, the User from THOYEN Platform.

      6. The THOYEN Platform is used for the posting of Items by sellers. As a result, we have no control over and, to the extent permitted by law, make no representations, warranties or conditions in relation to the merchantability, suitability, quality, safety or legality of any items advertised for sale on THOYEN Platform although we do aim to ensure a safe marketplace through these Terms, our Policies and the requirements of our Prohibited Items list which all Users must adhere to.

 

    1. CARPOOL

 

The THOYEN Platform provides a bulletin board for Customers who seek transportation (Passengers) with Providers who provide transportation (Drivers) who are heading in the same direction to and from the University area. We have no control over and make no representations or warranties in relation to the safety or legality of any drivers and automobiles available on THOYEN, although we do aim to ensure a safe place through these Terms, our Policies and the below requirements which all Drivers must adhere to.

 

THOYEN IS NOT A TRANSPORTATION NETWORK COMPANY OR A TRANSPORTATION SERVICE; THOYEN DOES NOT PROVIDE TRANSPORTATION SERVICES, AND THOYEN IS NOT A TRANSPORTATION CARRIER. THOYEN DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON DRIVERS, PERFORM VEHICLE INSPECTIONS ON VEHICLES USED FOR TRIPS, OR PROVIDE INSURANCE FOR TRIPS.  IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A CARPOOL TO A PASSENGER CONTACTED THROUGH THE THOYEN PLATFORM, AND IT IS UP TO THE PASSENGER TO DECIDE WHETHER OR NOT TO ACCEPT THE CARPOOL FROM ANY DRIVER CONTACTED THROUGH THE THOYEN PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE THOYEN PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. 

If you choose to be a Driver, then you shall adhere and warrant to the following. Company does not verify the below and is absolutely not responsible for checking or implementing the following and has no liability whatsoever in this regard.

 

      1. Company requires that all Drivers maintain an up-to-date, personal auto insurance policy.  Damages sustained to your vehicle or another vehicle or person(s) in an auto accident are your responsibility and should be addressed by your personal auto insurance carrier. Company does not provide auto insurance for Drivers.   

      2. You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses and authority to provide carpooling Tasks to passengers.

      3. You own, or have the legal right to operate, the vehicle you use when providing carpooling Tasks, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.

      4. You have a valid vehicle insurance policy (in coverage amounts consistent with all applicable legal requirements) that names you for the operation of the vehicle you use to provide carpooling Tasks.

      5. You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of carpooling Tasks, including, but not limited to personal injuries, death and property damages.

      6. In the event of a motor vehicle accident, the Driver is solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, for reporting the accident to THOYEN and your insurer in a timely manner, and for all necessary contacts with your vehicle insurance policy carrier.

      7. You will comply with all applicable laws, rules and regulations while providing carpooling Tasks, and you will be solely responsible for any violations of such provisions.

      8. You are responsible for all applicable federal, state and local taxes;

      9. You will not make any misrepresentation regarding THOYEN or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

      10. You will not attempt to defraud Company in connection with your provision of carpooling Tasks. If we suspect that you have engaged in fraudulent activity, we may suspend or terminate your access to the App and take any legal action if needed;

      11. You shall not be under the influence of alcohol or drugs and drive;

      12. Respect the privacy of fellow customers;

      13. You shall not text and drive;

      14. You agree that we may obtain information about you the Driver at our own discretion, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

 

THOYEN may suspend or stop providing THOYEN Carpool to you if you do not comply with these terms.

 

    1. PACK & MOVE

 

      1. Pack & Move involves packing and moving Items and is subject to our Prohibited Items list which all Users must adhere to.

      2. Company requires that all Providers maintain an up-to-date, personal auto insurance policy.  Damages sustained to your vehicle or another vehicle or person(s) in an auto accident are your responsibility and should be addressed by your personal auto insurance carrier. Company does not provide auto insurance for Providers.   

 

    1. VEHICLE CLEANING

 

Vehicle cleaning involves cleaning (inside and/or outside) of the personal vehicles such as cars and pick-ups. Providers under this section are referred to as Detailers.

 

      1. If there is damage done to a vehicle by a Detailer, it is the Customer’s responsibility to notify the Detailer immediately of the damage following the Task. THOYEN IS NOT LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LIABILITY, LOST PROPERTY, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM THE USE OF THE THOYEN PLATFORM.

      2. THOYEN is not responsible for any belongings that may be lost or otherwise disposed of in the course of cleaning your vehicle.  We strongly recommend that the Customer remove any belongings they consider to be of value prior to vehicle cleaning.

 

    1. NAME YOUR TASK

 

Name Your Task involves Tasks that Users can come up with or a combination of Tasks that are already listed under the THOYEN Platform, subject to this Terms of Use, and warrant that they adhere to section 11 (excluded Tasks) and the Prohibited Items List.

 

      1. THOYEN reserves the right the review the Task proposed by the Customer or Provider and reject it at its sole discretion if it violates the intent of THOYEN Terms of Use. THOYEN’s decision is final and binding. THOYEN further reserves its right to modify or eliminate this category as appropriate.

 

  1. The THOYEN Platform and your Consent to this Agreement

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND ASSOCIATED PRIVACY POLICY AND AGREE THAT MY USE OF THE THOYEN PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.