Terms of use

Last Modified: May 25, 2024

1)   Introduction

These terms of use (“Terms”) describe your rights and responsibilities regarding the HelpyFinder websites and it’s subdomains (https://helpyfinder.com, https://helpyfinder.ai, https://helpyfinder.io, https://helpyfinder.org) and its mobile applications (collectively “Platform”) owned and operated by HelpyFinder, Inc, a Delaware corporation (the “Company” or “we”, “our”, “us”, and “HelpyFinder”). The terms “you” refer to the person using the Platform. Use of the Platform is governed by these Terms and our Privacy Policy. By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and our Privacy Policy. If you do not want to agree to any of these Terms, you must not access or use the Platform.

2)   Modification

The Company reserves the right, in its sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Platform to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. Your continued use of the Platform will be deemed acceptance to the amended or updated terms. If any of the provisions of these Terms are not acceptable to you, your only remedy is to discontinue your use of the Platform.

3)   Description of HelpyFinder

HelpyFinder operates as a mobile application facilitating connections between users seeking assistance and nearby volunteers or professionals (“Providers”) willing to offer help. The Platform utilizes geolocation technology to enable users to submit requests for aid, spanning various categories such as roadside assistance and medical emergencies. Upon posting a request, users receive real-time notifications where and when Providers offer assistance. The Platform emphasizes community engagement, encouraging users to extend support to one another, thereby establishing a network of mutual aid and solidarity. To uphold user safety and platform integrity, the Platform implements features including user verification and secure messaging. Additionally, a rating and review system fosters transparency, accountability, and trust among users. The Platform empowers individuals to contribute positively to their communities, fostering an environment of compassion and assistance.

4)   Eligibility

To use the Platform, the following must be true:

  1. You are at least 13 years of age or older.
  2. You live in the United States or India, where the Platform is available.
  3. You agree to be legally bound by and comply with these Terms and the Privacy Policy 
  4. You must have compatible computing or mobile devices, access to the Internet, and certain necessary software required to use the Platform.

You understand and agree that satisfying the above requirements does not guarantee that you will receive access to the Platform from the Company.

5)   Registration and User Accounts

Although certain parts of the Platform are accessible by any individual, to access the Platform, you must first enroll to establish an individual user account (“Account”). You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your access to the Platform you agree to:

  1. provide true, accurate, current, and complete information about yourself as prompted by our Account registration form;
  2. to maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, the Company reserves the right to terminate your Account;
  3. certify that you are (1) over the age of 18 or have the legal ability to consent to use of the Platform or have your Parent/Guardian consent to use of the Platform (for US users only), and (2) physically located or are a resident of the Country you have chosen as your current residency when creating your Account;
  4. remain responsible for maintaining the confidentiality of your Account password and username (if any), and any other security information related to your Account at all times. The Company will not be liable for any loss that you incur because of someone else accessing and using your Account, either with or without your knowledge; and
  5. provide an emergency contact information (name and telephone number) for your personal contact or a close family member, to be used in case of an emergency where knowledge of your location is crucial, and you agree to obtain their consent before providing their contact information to the Company. 

6)   Your Responsibilities and Acknowledgement

As a condition of your use of the Platform, you agree to the following:

  1. all the information you provided is accurate, complete and correct, and you will accurately maintain and update it as needed;
  2. your permission to use the Platform is personal (the Platform will be used only by you), and your identification information is accurate and truthful;
  3. you will keep confidential your Account password and that you will exit from your Account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone or create more than one account. You may not use anyone else’s account at any time;
  4. you will immediately notify the Company of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the use of the Platform by emailing contact@helpyfinder.com;
  5. you understand and agree that the provision of the use of the Platform depends on the completeness and accuracy of your Information. The Company is unable to verify all of your Information. Therefore, the Company is not responsible for any consequences if your Information is inaccurate or incomplete. If your Information is inaccurate, incomplete, or not maintained, or HelpyFinder has reasonable grounds to suspect as much, HelpyFinder has the right to suspend or terminate your account and your use of the Platform. In addition, the Company may take all actions it deems necessary or reasonable to maintain the security of the Platform and your Account; and
  6. we are not intended to be, and you understand and agree that the use the Platform does not constitute, the provision or practice of medical, nursing, or professional health care advice or service in any jurisdiction. To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures provided through the Platform. The Content (including, without limitation, advice and recommendations) is intended solely as a general educational aid. The Content is not intended nor implied to be, and you will not use it as, a substitute for professional medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

7)   Restrictions on Use

You will not use or encourage or permit others to use the Platform except as expressly permitted in these Terms. Specifically, you will not:

  1. access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;
  2. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or related materials in any way;
  3. use or access the Platform to create or develop competing products or services or for any other purpose that is to the Company’s detriment or commercial disadvantage;
  4. take any action or use the Platform in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Platform or any content, in whole or in part;
  5. disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Platform or any computer network;
  6. bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by HelpyFinder or any of our service providers to protect the Platform;
  7. input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or the Platform, or any other system, device, or property;
  8. remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform or any content made available to you on or through the Platform;
  9. use any manual process or automated device to monitor or copy any content made available on or through the Platform for any unauthorized purposes;
  10. copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to HelpyFinder or third-party content from the Platform; or
  11. encourage or enable any other individual to do any of the foregoing.

8)   Device Compatibility

The Company does not promise that the Platform are compatible with all devices and with all versions/updates of all operating systems or firmware. If you update your operating system or firmware, your version of the application may not function properly. Company may, but is not obligated to, provide updates to the application that improve compatibility with updated devices. It is your sole responsibility to confirm compatibility before purchasing any sessions.

9)   Disclaimer of Warranties

The Platform are available “as is” and “as available” and without any warranties of any kind. Without limiting the generality of the foregoing:

  1. All content, materials, information, software, products, tools, and Platform included in or available through the Platform are provided “as is” and “as available” without warranty of any kind, express or implied. To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
  2. The content (“Content”) contained in the Platform includes matters related to emergency or routine medical care, community safety, roadside assistance, child, and elderly care. All such information is presented for discussion purposes only and is not advice and should not be treated as medical, safety, or caregiving advice. All information presented on emergency or routine medical care, community safety, roadside assistance, child, and elderly care is general in nature and has not been personalized for you or any individuals in your care. The information provided in the Content is provided “as is” without any representations or warranties, express or implied. Each individual may react differently to the topics covered. Individual results may vary. From time to time, existing conditions may worsen prior to improving. Existing conditions may worsen by applying the information provided in the Content. We do not guarantee the results of any information provided in the Content, and you must not rely on such information as an alternative to individualized advice from a medical professional, safety expert, or caregiver. You should never delay seeking medical, safety, or caregiving advice, disregard such advice, or discontinue treatment or assistance for yourself or an individual in your care as a result of any information provided in the Content.
  3. In no event shall we be liable to you or anyone else for any decision made or action taken in reliance on any content in the Platform.
  4. We do not in any way endorse or recommend any product or service offered through the Platform and make no representations or guarantees related to the reliability or accuracy or such product or service.
  5. We make no guarantees, representations or warranties, whether expressed or implied, with respect to completeness, accuracy, reliability, or availability of the Platform.
  6. We do not in any way endorse or recommend any healthcare provider accessible through the Platform, any specific tests, procedures, opinions, or other information that may appear through the Platform; or that any particular drug or treatment is safe, appropriate, or effective for you.
  7. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any website linked to it.
  8. Neither the Company nor anyone associated with the Company represents or warrants that the Platform nor its content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Platform or the server that makes it available are free of viruses or other harmful components, or that the Platform will otherwise meet your needs or expectations.
  9. You understand and agree that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content, user communications or personalization settings.

10)       Intellectual Property

  1. Ownership: All intellectual property rights in the Platform, including but not limited to software, design, text, images, graphics, logos, trademarks, and service marks, are owned by the Company, its licensors, or other content providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

 

  1. License: Subject to these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform for your personal, non-commercial use. This license does not include any right to:

 

    1. copy, modify, or distribute the Platform or any portion thereof;
    2. use the Platform for any commercial purpose without the Company’s prior written consent;
    3. reverse engineer, decompile, or disassemble the Platform or any part thereof; or
    4. remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed in the Platform.

 

  1. User Content:

 

    1. License: By posting, submitting, or transmitting any content through User Content, you grant the Company a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly perform, and publicly display your User Content in connection with the operation and promotion of the Platform. You represent and warrant that you have all necessary rights and permissions to grant this license.’

 

    1. Social Media Platforms; Third-party Websites:

(a)  Permission to Post: You may choose to share User Content generated or obtained through the Platform on social media platforms or other third-party websites (“Outside Platforms”). By posting User Content on Outside Platforms, you represent and warrant that you have the necessary rights, permissions, and authorizations to do so, including but not limited to any rights related to intellectual property, privacy, and publicity.

(b)  Responsibility for Content: You are solely responsible for any User Content you post on Outside Platforms and for complying with the terms of use and community guidelines of such platforms. The Company does not endorse or control User Content posted on Outside Platforms and disclaims any liability arising from such content.

(c)  Third-Party Terms: Posting User Content on Outside Platforms may be subject to the terms of use, privacy policies, and other policies of those platforms. You are responsible for reviewing and complying with such terms and policies before posting User Content on Outside Platforms.

(d)  Indemnification: You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with your posting of User Content on Outside Platforms, including but not limited to any claims of infringement, defamation, or violation of third-party rights.

(e)  Modification or Removal: the Company reserves the right to modify or remove any User Content posted on the Platform or shared on Outside Platforms in its sole discretion, without prior notice or liability.

    1. Content Monitoring: We reserve the right to monitor and review all content posted, submitted, or transmitted through the Platform, including but not limited to text, images, videos, and any other materials (“User Content”). While we do not assume any obligation to monitor User Content, we may, in our sole discretion, review, edit, remove, or refuse to post any User Content that violates these Terms of Use or is otherwise objectionable. We may also access, preserve, and disclose User Content if required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process or requests from law enforcement or governmental authorities; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) protect the rights, property, or personal safety of our users, the public, or our company and its affiliates; or (e) respond to user support inquiries. By using the Platform, you acknowledge and agree that we may monitor and review User Content as described herein, and you hereby consent to such monitoring and review. We are not responsible or liable for the accuracy, completeness, legality, or decency of User Content, and any reliance on User Content is at your own risk. We reserve the right to remove or disable access to any User Content at any time and for any reason without prior notice.

 

  1. Feedback: If you provide any feedback, suggestions, or ideas regarding the Platform (“Feedback”), you hereby grant the Company a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly perform, and publicly display such Feedback for any purpose without any obligation or compensation to you.

 

  1. Third-Party Content: The Platform may contain content provided by third parties, including but not limited to text, images, videos, and links to third-party websites or Platform. All such third-party content is the property of its respective owners and may be subject to separate terms of use and privacy policies.

 

  1. Copyright Infringement: The Company respects the intellectual property rights of others and expects users of the Platform to do the same. If you believe that any content in the Platform infringes your copyright, please contact us at contact@helpyfinder.com with the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of the infringing material and its location on the Platform; (c) your contact information, including name, address, telephone number, and email address; (d) 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; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

  1. Reservation of Rights: Except as expressly provided herein, no license or right is granted to you by implication, estoppel, or otherwise under any intellectual property rights owned or controlled by the Company or its licensors.

 

  1. Trademarks: The Company’s logos, trademarks, and service marks are trademarks of the Company. All other trademarks, logos, and service marks displayed in the Platform are the property of their respective owners. Nothing contained in the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Platform without the written permission of the trademark owner.

 

  1. Enforcement: The Company reserves the right to enforce its intellectual property rights to the fullest extent permitted by law, including but not limited to seeking injunctive relief and damages for any unauthorized use of the Platform or its content.

 

  1. Contact Us: If you have any questions about this provision or our intellectual property rights, please contact us at contact@helpyfinder.com

11)       Limitation on Liability

To the fullest extent provided by law, in no event will HelpyFinder, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Platform, any websites linked to it, any content on the Platform, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, the Company’s liability in such jurisdictions shall be limited to the extent permitted by applicable law.

12)        Indemnification

You agree to defend, indemnify, and hold harmless HelpyFinder, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.

13)       Governing Law and Jurisdiction

All matters relating to HelpyFinder, Privacy Policy, these Terms, and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.

We encourage you to contact HelpyFinder’s Customer Service department via email at contact@helpyfinder.com if you have concerns or complaints about the HelpyFinder Platform. Generally, user complaints can be satisfactorily resolved this way. If we cannot resolve your concerns informally, disputes between you and HelpyFinder shall be resolved pursuant to this section.

At the Company’s sole discretion, it may require you to submit any disputes arising out of or relating to any aspect of your relationship with HelpyFinder, first to mediation in the Los Angeles County, California, U.S., then next to final and binding confidential arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of California, without regard to its choice of law provisions. Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys’ fees, if the applicable law allows. You and the Company each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

PLEASE BE AWARE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. YOU AND THE COMPANY AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. 

14)  Waiver and Severability

No waiver by HelpyFinder of any term or condition set out in these Terms should be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure of HelpyFinder to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15)       Entire Agreement

These Terms and the Privacy Policy constitute the sole and entire agreement between you and HelpyFinder regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform, unless otherwise set forth in a written agreement between you and HelpyFinder.

16)        Contact Information

All notices of copyright infringement claims should be sent by the means set out above. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to contact@helpyfinder.com.