User Terms, Policies, Data, and Privacy.
Section 1. Introduction
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
Welcome to Hallo Helper’s updated terms of service! In these highlighted boxes, you'll find our plain-english terms of service. This part isn’t legally binding, so please use this column only as an aid when reviewing the legal language.
Hallo technologies, llc., a Delaware corporation, registered operations headquarters in puerto rico, usa, ("Hallò", “hallo”,“hallo helper”, “hallo puerto rico”, “company”, “us”, or “we”), provides technology products via its hallo application, helper application, www.Hallopr.Com platform and other technology or websites owned by hallo technologies llc and hallopr.Com domain (collectively, the “digital products”), and our marketplace, product, software, tools, and any related services (together with the digital products, the “platform”) all subject to your compliance with all terms, conditions, and notices contained or referenced herein (the “terms of service” or the “user agreement”).
We've tried hard to keep this agreement as readable and straightforward as possible. We’ve also added a series of short explanations of the legal language in plain english (they all start with "Basically...") to aid in understanding, but that part isn’t legally binding. If you have suggestions that can help us improve it or any questions about this agreement, please email us at legal@hallopr.com. This agreement explains our obligations to you, and your obligations to us in using our digital products and platform. Except as noted otherwise below, this agreement is the entire agreement between you and us. By using the digital products and the platform in any way, you are agreeing to comply with these terms of service, our privacy policy and any other legal notices or conditions or guidelines posted on internet web sites owned by us.
If you have questions regarding this agreement or about hallo technologies llc, please contact us by email at legal@hallopr.com, or by certified mail:
Hallo Technologies San Juan HQ: 1250 Avenida Juan Ponce de León, suite 600, San Juan, PR, 00907
Section 2. Acknowledgement and Acceptance
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
In addition, when using the service, you shall be subject to any posted guidelines or rules applicable to the service that may contain terms and conditions in addition to those in the terms of service. By using the service or accessing the sites, you agree to the terms of service, privacy policy, which is incorporated herein by reference, and any other applicable guidelines. If you do not agree, do not use the service.
Our platform may integrate with other services on a number of platforms provided by third parties, including payment processors (as defined in this user terms of service & conditions page). Please be aware that your activities on each of these platforms may be subject to additional terms of service for that particular platform.
Certain parts of the service may be subject to additional terms and conditions specified by us from time to time; your use of such platform is subject to those additional terms and conditions, which are incorporated into these terms of service by this reference. Prices are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the hallo site or the platform itself. Hallo shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the platform.
Basically...
Please review our terms, as you must agree to them to use hallo platform and our products.
You should also review our privacy policy and our user guidelines (if applicable). We may change our terms of service or our pricing from time to time. If we do, we'll post a note on our website or email you.
If you or we integrate any of the hallo services with a third-party service (e.g. Stripe, Paypal, Google products, Voximplant), you should review their terms of service because you might need to agree to additional or different terms.
Section 3. Account Eligibility & Restrictions
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
The platform and the digital products are available only for individuals aged 13 years or older. If you are age 13 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these terms of service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these terms of service.
You agree to have your parent or guardian review and accept these terms of service on your behalf. If you are a parent or guardian agreeing to these terms of service for the benefit of a child over the age of 13, then you agree to and accept full responsibility for that child’s use of theplatform, including all financial charges and legal liability that he or she may incur. We may, in our sole discretion, refuse to offer the platform to any person or entity and change the eligibility criteria for using the platform at any time. The right to access the platform is revoked where these terms of service or use of the platform is prohibited or to the extent offering, sale, or provision of the platform conflicts with any applicable law, rule or regulation.
If you are entering into these terms of service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the platform through your account to these terms of service, in which case the terms “you” or “your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these terms of service, you must not accept these terms of service and you may not use the platform. You further agree that you assume all responsibility and liability in connection with your use of the platform on behalf of such a company or other legal entity, and you shall be solely responsible for all disputes, if any, that arise due to your use of the platform on behalf of such a company or other legal entity.
Basically...
You must be at least 13 (and have your parent's permission if you are under 18) to use hallo helper platform applications.
If you’re using hallo on behalf of your business, make sure you're authorized to agree to our terms of service on its behalf.
Section 4. Account Creation & Moderation
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
Registering for an account— To use the platform, you will need to register and create an account (including your full name, password, and email address, mobile phone number and payment information). Hallo accounts will give you access to the platform and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users, such as client accounts or hallo provider accounts. If you open a hallo account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this agreement, and that you agree to this agreement on the entity’s behalf. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Your responsibility for your account— You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password. When creating your account, you must provide accurate and complete information. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lowercase letters, numbers, and symbols) with your account. It is your sole responsibility to: (i) control the dissemination and use of your account and password, and (ii) promptly inform us of any need to deactivate an account or password. We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach security of another account.
How to control your account— You may control your account and how you interact with the platform by changing your settings. By providing us with your email address, you consent to our using the email address to send you platform-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and other provided contact information to send you critical communications, such as changes to features of the service. You may not opt out of these messages unless you cancel your account. We may also use your provided account contact information for promotional and/or other marketing uses. For more information, please read our privacy policy.
Basically...
You need to sign up for an account to use the platform. Choose a hallo app customer account or a helper app service provider account.
Keep your password safe and let us know if you detect any unusual behavior on your account immediately. Use the settings to make any changes to your account or just contact us.
We may send you occasional emails and/or text messages about hallo helper updates or service changes. You can always opt out of receiving non-critical communication by replying "Unsubscribe" to any non-critical communication received.
Section 5. Content & Information Protection
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
Except otherwise defined, all information & content shown and used on the platform and the digital products, including 3rd-party integrated software and services and the platform itself and all intellectual property rights contained therein or related thereto, including text, graphics, user generated content, user interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, the “content”), including but not limited to the design, structure, arrangement, and “look and feel” of such content, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other intellectual property rights and laws.
Other than as defined or explicitly stated herein, hallo does not grant to user any license, express or implied, to the intellectual property of hallo or its licensors. Except as expressly provided in the terms of service, no part of the service and no content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.
Subject to the terms and conditions of this agreement, hallo provides you with a non-exclusive, revocable license to use the service, as expressly permitted by the features and functionality of the platform and the terms of service. Hallo may terminate this license at any time for any reason or no reason.
Basically...
Unless otherwise stated by us, any content you see or interact with on the platform and the digital products constitutes copyrighted works of hallo or our licensors.
Don't abuse or mistreat what we built for you to use, otherwise may take it away from you.
Third-party software or other integrated service generated information, such as data accessed through hallo, are additionally subject to the copyrights of those third-party systems. Hallo assumes no liability for any mis-use of information by its users or any parties involved.
Section 6a. Your Data & Content Ownership
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
You own all of the user content or data you upload or publish (“post”) on the platform. You grant us a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, worldwide license to use, modify, reproduce, display, and distribute your user content on the service for the purposes of operating and providing the service to you and other users (“user content license”). You understand and agree that the service is a public platform and other users may search for, see, use, and/or re-post any user content that you make publicly available through the service.
We may now or in the future allow you to post or publish content on or upload content to the platform, including but not limited to advertisements, slogans, website templates, blog or forum posts, images, photos, among others. Any content a user submits, posts, displays, or otherwise makes available on the platform, including all intellectual property rights (defined below) therein, is referred to as “user content.” you retain ownership of your user content. We have no obligation to store, maintain, or provide you a copy of your user content. You alone are responsible for any of your user content that may be lost or unrecoverable through your use of the platform. You are encouraged to archive your user content regularly and frequently.
Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the platform, including without limitation about how to improve the platform or our products (“feedback”). By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place hallo under any fiduciary or other obligation, and that we are free to use the feedback without any additional compensation to you, and/or to disclose the feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, hallo does not waive any rights to use similar or related feedback previously known to hallo, or developed by its employees, or obtained from sources other than you. Additionally, you acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property.
For the purposes of this agreement, “intellectual property rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
Basically...
You own your data. The data you post, publish, or upload to the platform and/or digital products may or may not be stored or copied.
In the event of user data lost and/or deletion, we cannot guarantee providing you of any backup data stored, as copies of your data may not have been stored. In using the platform, you grant us us a legal license to access and use your data for the purposes of system operation and better user experience, as determined by the platform analytics and/or by us.
Any feedback, survey response, testimonials, reviews, or any similar content you send us is owned by us and may be used or distributed in any manner, without cost or claims against us.
Section 6b. Site Partners & Content Contributors
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
User-generated content: submitting for site publication— hallopr.com domain and any web content distribution platforms it owns or is affiliated with publishes material submitted by approved and verified content contributors. We accept no liability should any any publication or content published on our sites violate any copyright laws or wrongdoing. Authors and contributors of any publication or content we publish are required, as stated herein, to ensure all publications are free of any legal or violations, and/or wrongdoings (intentional or otherwise). We are not held responsible for checking any content or publication on behalf of its author. Authors and content contributors hold all responsibilities for their own content, and are hereby given no rights to include, mention, or take legal action against hallo technologies and any of its products and services with regards to any violation incurred or harm caused by their own content.
The views expressed are the personal opinions of the experts, authors, and/or content contributors named in any corresponding published content. They may not represent the views of hallopr.Com or any of its associated products, brands, organizations, or partners, unless specifically stated. Hallopr.Com attempts to provide a range of views from the academic and research community.
All publications are subject under these terms and conditions:
Publication of any material you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication.
You grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license (licence) to publish and communicate to the public any material you submit to us in any format, including without limitation print and electronic format. You also agree that we may permit other parties to publish and communicate to the public any material you submit to us in any format.
You warrant that any material you submit is your own original work and that you own the copyright and any other relevant rights. If you would like to tell us about material that isn’t your copyright and which we may want to use, please tell us who owns it so we can ask permission to republish.
You warrant that the material you submit is not obscene, offensive or otherwise illegal.
You agree not to submit material that is deliberately intended to upset other users.
You agree to take all necessary actions to ensure that any material you submit is not defamatory of any person. If you suspect that material may be defamatory (or if you are not sure), you must tell us at the time you submit the material to us.
You acknowledge that any breach of these conditions may cause us damage or loss. You agree to indemnify us in full and permanently against any third-party liabilities, claims, costs, loss or damage we incur as a result of your breach of any conditions listed above. You are required to act honestly and in good faith in any dealings with us and (if requested) you must provide us with all necessary assistance and compliance documents to settle, defend or investigate any claims made as a result of any content publication you submit to us.
We reserve the right to remove your access to any of our digital products and platform and to take necessary legal action, if we believe any of your content or actions are causing us harm in any way.
Interactions with our platform and our digital products are governed by our community policies & standards, which expand on the points above and are incorporated in these terms of service. You will be deemed to consent to these guidelines if you choose to post any content or comments to the site.
General principles for authors, disclosure and peer review— Hallo Helper and its other affiliated domains and platforms are committed to the highest standards of integrity and professional conduct. Authors have a duty to ensure that their work maintains the good name of hallopr.com and that of the academic and research community.
Hallo Helper and its other affiliated domains and platforms requires authors to disclose any potential conflict of interest. A conflict exists where an individual’s interests diverge from their professional responsibilities such that an independent observer might reasonably conclude that the author has been unduly influenced by their own interest.
As legally required, all cited or copied publications or any content within, must include information on the sources of financial and in-kind support for the research, and must reveal actual or potential conflicts of interest.
Research, as a general principle, should not be reported before it has been subjected to a recognized process of peer review.
Submissions and methods of communication— If we wish to publish your submitted content onto hallopr.Com and its other affiliated domains and platforms,
We will contact you solely via electronic mail (email). Please beware of any phone or social media communications claiming to be us.
We reserve the right to do choose when, where, and how we wish to publish any of your content. We may be notified of any decisions and publications made regarding your decisions. All communications will be done by emailing you at the address you have provided during the submission process. Please accept only approved emails from hallo helper administrators and moderators regarding submissions.
Complaints and corrections— Hallo helper and its other affiliated domains and platforms strives to maintain the highest editorial standards at all times. However, we do not always get things right. Should you feel it necessary to correct or complain about an article, contact us only via the email address we used in previous communications.
Hallo helper and its other affiliated domains and platforms strives for fairness and accuracy at all times, and we encourage users to advise us of any significant errors.
When sharing, or adding comments/reactions to content published on hallo helper and its other affiliated domains and platforms publications, you are like our guest at our dinner party. You’ve been invited into our space and we ask that you behave with respect and courtesy to help us create a positive fact-based discussion.
These are the ground rules:
We treat our comments streams as a curated editorial product. We reserve the right to publish or remove comments to make hallopr.Com publication pages better
Comments are only open on selected articles and are typically open for 72hrs
We require your real name and we reserve the right to delete comments made under aliases. If you’ve signed in via twitter, please change your twitter handle to your real name using your conversation profile page.
Stay on-topic. Comments should be relevant to the article and replies relevant to the initiating post. We reserve the right to delete off-topic comments
We reserve the right to delete any comments including, but not limited to:
Business, organization, or personal online attacks, abuse, & threats
All forms of discrimination against any person(s) and/or entities.
Posts identifying or sharing the personal information of another person (including children).
Comments that are commercial or repeatedly-shared external links.
Comments that are defamatory, breach copyright or put us in legal jeopardy.
Deliberate attempts of misinformation, distort facts, provoke or misrepresent the opinions of others.
All reply threads are deleted, should the original comment has been removed.
We reserve the right to moderate and block and/or lock users, in particular where a user's comments repeatedly breach our listed standards above.
All admin and moderator decisions are final, but if you do need to discuss anything, contact our community manager at community@hallopr.com
Section 7. Platform Content & Third-Party Content
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
A. User content
We are not responsible for and do not necessarily hold the opinions expressed by our users, content contributors, and third parties; such opinions and other statements are theirs alone, not opinions of hallo. Content created by users or third parties is the sole responsibility of such users or third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and post content through our platform, hallo is not undertaking any obligation or liability relating to the content. Hallo and its affiliates, successors, assigns, employees, agents, directors, officers, and stockholders (i) do not undertake or assume any duty to monitor our site for inappropriate or unlawful content and (ii) assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, hallo reserves the right to block or remove communications, postings, or materials at any time at our sole discretion.
Hallo takes no responsibility and assumes no liability for any user content that you or any other user or third party posts or sends over the platform. Hallo assumes no liability for your interactions with other users, or for any user’s action or inaction. You are solely responsible for your user content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your user content. You understand and agree that you may be exposed to user content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that hallo shall not be liable for any damages you allege to incur as a result of user content. Hallo reserves the right, but has no obligation, to monitor disputes between you and other users.
B. Links
We may provide links to third-party websites. We do not recommend or endorse the content of any third-party website. We are not responsible for the content of linked third-party websites and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such a website. You expressly release us from any and all liability arising from your use of any third-party website.
Hallo may need to link your account with online accounts you may have with third party service providers (such as facebook, google, linkedIn or other such provider) (each such account, a “third-party account”) by either: (i) providing your third-party account login information through the hallo platform; or (ii) allowing hallo to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account. You represent that you are entitled and authorized to disclose your third-party account login information to hallo and/or grant hallo access to your third-party account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without obligating hallo to pay any fees or making hallo subject to any usage limitations imposed by such third-party service providers. By granting hallo access to any third-party accounts, you understand that (i) hallo may access, make available and store (if applicable) any content that you have provided to and stored in your third-party account (the “tp content”) so that it is available on and through the hallo platform via your account and (ii) hallo may submit and receive additional information to your third-party account to the extent you are notified of this when you link your account with the third-party account. Unless otherwise specified in these terms of service, all tp content, if any, shall be considered to be user generated content. Depending on the third-party accounts you choose, and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through your account on the hallo helper platform. Please note that if a third-party account or associated service becomes unavailable or hallo’s access to such third-party account is terminated by the third-party service provider, then tp content may no longer be available on and through the hallo platform. You will have the ability to disable the connection between your account on the hallo platform and your third-party accounts at any time, as set forth below.
Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third party service providers.
Company makes no effort to review any third-party ("tp") content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and company is not responsible for any third-party ("tp") content.
C. Service Providers and Workers on hallo helper platform
Hallo helper does not perform the services offered in the platform by hallo helper helpers. Hallo posts on the platform availability of hallo helper helpers to complete pre-approved services and tasks . The platform provides information on the hallo helper helpers and their vetted and approved services or skills. Hallo helper does not endorse, work with, recommend, or guaranty any of these hallo helper helpers or the accuracy or completeness of the work done by such. You, the client, agree that it is your responsibility to vet such a helper before you work with them and that you assume all liability for any work done by them. Hallo shall make a good faith effort to investigate hallo helpers who receive multiple complaints from multiple users, but hallo does not guarantee that they will investigate such complaints brought forth by users.
Social ("Peer-to-peer") platforms, such as hallo helper, provide information sharing space for its users. Such platforms contain content generated ("all information provided by") by its users and/or any technology used for data collection and storage. Hallo helper, does not claim to generate content for its users independently. Hallo may use tp technologies and/or softwares we deem beneficial to providing improvements and/or opportunities for any and/or all users of Hallo Helper platform, proprietary technology ("products"), and any software owned by and/or operated by us.
You, the client, indemnify and hold hallo and affiliates harmless, and if a hallo helper provider of service, you fully and finally release hallo and affiliates, from all liabilities, claims, causes of action, demands, damages, losses, fines, penalties or other costs or expenses that provider may incur or become entitled to, whether under contract, common law, civil law, statute or otherwise, in respect of skills/talents or service agreements or the use of the hallo platform, including with respect to misclassification of hallo helper and the termination or cessation of any services, service agreements, this agreement or the use of the hallo helper platform.
The hallo helper platform is not an employment agency service or business and hallo helper is not a registered employer entity of any user. As such, hallo helper is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, social security, disability insurance or any other applicable federal, provincial or state withholdings in connection with a user’s use of the hallo helper platform. Hallo helper helpers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into service agreements and performing tasks/gigs and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
Basically...
We're a user-generated content platform. It means we're not responsible for any user or any content that you or any other user or third party posts or sends through our platform.
We allow you to link your account platform to other accounts like facebook, instagram, google. They have their own terms of service, which you agree to outside of Hallo Helper. Please read their terms carefully before agreeing.
We are the platform that makes it easy for you to get on-demand services. Think of us as your market space where service providers come in to offer their services, and customers like you come in to hire them.
All active service providers aka "Helpers" have completed our proprietary vetting and security verification process before activation. See what we check for here.
But, as a peer-to-peer platform, we can't provide any guarantee for anything past that. That includes insuring any service provider you hire on our platform.
Helpers are their own boss, not our employees. Just like you, the customer, decide who you want to hire, not us.
We make it easy for Helpers to get hired by you on-demand by giving you all the information you need to choose the one that's right for what you need done.
As a customer, Hallo gives you more power over what and how you can get local services!
Having said that, a friendly reminder...
"With great power comes great responsibility". —Spiderman
Please use platforms and hire responsibly . For hiring, use the information we show you to make the best decision.
Section 8. Platform Use Rules & Restrictions
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
User obligations while using our platform—
Respect each user roles
Hallo is an online marketplace that allows individual service providers to offer and advertise their services to on-demand customers upon successful completion of account activation requirements. Any natural persons contacting you and contracting with you by using your hallo account, its pages, features, or content created by you on our platform are deemed your “client.” hallo does not have a direct relationship with any of your clients, therefore hallo is not responsible for how you handle client’s information.
Follow applicable laws
You may have additional obligations under local law other than those described in this terms of service, particularly if you or your client are located outside of the united states. Such obligations may be more restrictive than this terms of service. Use of the services does not ensure compliance with such laws, nor is hallo responsible for your compliance with such laws. To the extent hallo has any obligations to assist you with handling client’s information, such obligations are enumerated within a data processing agreement executed between hallò and you.
Follow user security safeguards
You will use all reasonable efforts to protect the information collected from clients via your use of the platform, including any personal information obtained from unauthorized access or use. In the event you discover that the client information collected by you has been breached, compromised, or inadvertently exposed to non-authorized third parties, you shall notify hallo promptly of such a breach or exposure including the root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future.
Security notification
You are responsible for providing notification to your clients, third parties, or authorities under the applicable breach notification statutes and any other applicable data protection laws. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of the platform.
Content ownership and privacy
You acknowledge and agree that you are solely responsible for providing any required notices and obtaining all required consents from client in connection with any use of the platform. Your notice and consent must be compliant with all applicable data protection and security laws and regulations. Without limiting the foregoing, before collecting or using any client information, you must provide adequate notice of the client information you collect, how it will be used and/or shared, and obtain any necessary consents required under the applicable data protection laws and regulations. You agree to comply with all data protection laws and regulations (including those applying to personal information) in connection with your access and use of the services.
Transparency requirement
You will provide and adhere to a privacy policy for your use of the platform that complies with all applicable laws, rules, and regulations.
Privacy rights
You will respond to any client wishing to exercise their privacy rights, under the applicable law, as it relates to any information collected via your use of the services. For example, if clients located in certain jurisdictions may exercise a “right to be forgotten” (or “erasure”) to the information you have collected about them, you shall comply with their request as required by applicable law. For clarity, you are directly responsible (or, the “data controller”) for the information processed by your use of the platform, including any information processed via third-party applications available on the platform. Hallo is not a data controller to such information and is not responsible for responding to client on your behalf. To the extent hallo receives a request from a client or authority about your use of the platform, hallo will notify you as permitted by law.
User data—
Your user content
You agree that any user content that you post and/or share does not and will not violate any law or infringe any rights of any third party, including without limitation any intellectual property rights, publicity rights, or rights of privacy. If you think any user content infringes your rights, or if you want to challenge user content that has been taken down from the site, please refer to hallo’s copyright policy in section 13 below. We reserve the right, but are not obligated, to reject and/or remove any user content that we believe, in our sole discretion, violates the agreement.
Known user terms violations:
Use or sharing of information or actions that may create a risk of harm, loss, damage, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, to any animal or to any property;
Use or sharing of information or actions that seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
Use or sharing of information or actions that may constitute or contribute to a crime or tort;
Use and/or sharing of any information or actions that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
Use and/or sharing of any information or actions using software or other material that violates or invades the intellectual property rights (or rights of privacy or publicity) of any third party;
Use and/or sharing of any information or content to which you have not obtained any necessary rights or permissions to use accordingly or to make available under any law or under contractual or fiduciary relationships;
Use and/or sharing of any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
Use and/or sharing of any information or content that you know is not correct and current, or is adult in nature, such as any nudity in a sexual context, exposed genitalia, or any content classed as adult, containing and/or alluding to nudity, or sexual-related services.
Use of the platform—
Your use of the platform is subject to all applicable laws and regulations, as well as, hallo helper terms listed below.
You may not:
Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy, or monitor any portion of the platform or any content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the platform;
Attempt to gain unauthorized access to any portion of the platform or any content, or any systems or networks connected to the platform, by hacking, password “mining”, or any other illegitimate means;
Probe, scan, or test the vulnerability of the platform or any content, or any system or network connected to the platform;
Reverse look-up or trace any information of any other user or visitor or otherwise use the platform for the purpose of obtaining information of any other user or visitor;
Transmit spam, chain letters, or other unsolicited email;
Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
Upload invalid data, viruses, worms, or other software agents through the service;
Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide, or attempt to hide your identity;
Disclose any information that you do not have the consent to disclose (such as confidential information of others, including their personally identifiable information);
Use any device, software, or process to interfere with, or attempt to interfere with the proper working of the platform or any content, or any systems or networks connected to the platform, or with any other person’s use of the platform;
Conduct, engage in or otherwise process client information or data to analyze individuals or groups of natural persons for unlawful or discriminatory purposes;
Use the platform or any content for any purpose that is unlawful or prohibited by the terms of service, or;
Collect and/or store any user information that is deemed sensitive or requires special protections under applicable laws. For example, id, social security numbers, passwords, and any payment information to use outside of the platform.
Any unauthorized use of the platform or any content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Use of software—
Any software that is accessed via the platform shall be governed by the terms of the license agreement that accompanies the software or is posted with the software on the sites where the software can be accessed; however, if no such license agreement is made available, we grant you a limited, revocable, worldwide, royalty-free, non-assignable, non-exclusive license to use the software for your personal, noncommercial use in accordance with the terms of service. In the event of any inconsistency between the terms of service and any license agreement, the license agreement shall govern in relation to the software.
You may not decompile, reverse engineer, or otherwise attempt to discover the source code of the software. You do not have the right to sublicense the platform, download or modify any portion of the platform, or resell the platform. If you violate the terms of service, we reserve the right to terminate your license to the platform without notice.
The software may automatically update from time to time. These updates are designed to improve, enhance, and further develop the software and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit us to deliver these to you with or without your knowledge) as part of your use of the software.
Basically...
Don't ruin it for others. Please respect our intellectual property. We worked really hard in building it for you to use.
Don’t do these:
Do not publish or share any information that are harmful, exploitative, illegal, or otherwise damaging to how our app products operate and to other users.
Do not act in violation of our platform's terms of use, or use other third parties that are not allowed or approved for use with our platform.
Do not try to illegally access our platform or digital products, nor should you use it for anything other than its intended purpose.
Do not illegally try reverse engineer our site or software. Don’t try to resell any part of our site or software.
Instead, do these:
Protect the info you gather on your sites.
Let people know if their data may have been accessed in the event of a security breach.
Let site visitors know what info you gather and how it will be used.
Get consent to said gathering and usage.
Publish a privacy policy that clearly and accurately describes the info you collect and how you’ll use it.
Respond appropriately to users wishing to exercise their privacy rights, such as the right to be forgotten.
If you are found in violation of any of the above, your account access will be removed.
We reserve the right to take any necessary legal action against you either for compensation to any damages, or to report any illegal action to the right authorities.
Section 9. Platform Transactions & Payments
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
Buying services on our platform
Users may be required to provide their credit card and/or bank details to hallo or the payment service provider retained by company (the “psp”). Users will be responsible for paying agreed-upon fees for the service agreement. Users will be liable for any taxes (“taxes”) required to be paid on the service agreement (other than taxes on the company’s income).
There is no membership fee for creating an account on hallo helper. At any time, a hallo helper user may choose to close their free account. Hallo helper charges a service fee per transaction made on the platform. This includes, but not limited to, service fees, taxes on service fees, any applicable taxes and payment processing fees. Users are responsible for any pending charges on their account while the account is/was active. Hallo reserves the right to charge accounts or credit cards on file for outstanding balances due from users if not paid within 48 hours.
We reserve the right to change our fees and to institute new charges at any time (including, for clarity, for any renewal), upon notice to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by hallo technologies, in our sole discretion. Your use of the platform following such notification constitutes your acceptance of any new or increased fees. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only united states (federal or state) taxes legally required to be paid for by us. United states includes us territories , such as, puerto rico.
Basically...
Booking a service on your app is like buying something online.
Make sure you can pay for it, and...
pay taxes to the tax man.
It's free to Create an account. Before you book on-demand services, know that...
We only charge fees when you book and pay for a service. See our fees here.
Our fees are paid for by the Customer and the Service Provider when completing any job using our apps.
We collect, pay, and report all taxes we are legally required for. Please make sure you do the same, especially if you're the one getting paid.
For more information, visit our Knowledge Base. For any communications regarding billing, payments, and reporting, contact legal@hallopr.com
Section 10. The Hallo Helper Platform
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
Overview
The hallo helper platform is an app and web-based marketplace platform, which enables a person (“client”) looking to hire for a specific service or task help to connect and contract with an independent provider, also referred to as "helper" ("hallo helper, helper, gig worker), for that service. The client and the hallo helper may be referred to as “users”.
Agreements
When a client agrees to use the services of a helper, the client and the user enter into a legally binding contract (“service agreement”, "booking agreement"). The service agreement is between the client and the helper. Helper is not an employee, nor a company hired independent contractor, nor associated in any way with us. Hallo does not perform nor supervise the helper in their performance of the service. Hence, hallo is not responsible for the service. Hallo expressly disclaims any responsibility and liability for the work performed and the service in any manner, including all possible warranties. Hallo is only acting as an information sharing service, and, as a limited payment collection agent to facilitate payment for the services.
Liabilities and Restrictions
In order to use the platform and engage in a service agreement or booking, you must be 18 years or older or at least the age of majority in your country of residence and you must provide your full legal name, current address, valid email address, and any other information requested by us. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership.
We are not a party to, and we are not liable for the booking. All Hallo Helper platform helpers are solely responsible for their services and performance, and must ensure that they are in compliance with any laws or regulations related to it, including without limitation the following:
As a helper ("service provider"), you are solely responsible for:
(a) all taxes and fees associated with the booking agreement, including without limitation any sales taxes related to the purchase or sale of services in connection with your services;
(b) collecting, reporting and remitting required taxes to relevant government authorities;
(c) informing your clients of required taxes, and providing them with invoices as required by applicable law; you also agree that any tax estimates, reporting or related materials that we may provide via the services are for illustration purposes only, and you may not rely on them to comply with your tax obligations. We do not give tax advice, and nothing we say should be interpreted as such.
You are solely responsible for fulfilling and delivering your services to your clients.
You are solely responsible for any claims or warranties you make in connection with your services and any claims made by clients against you.
You are solely responsible for handling any comments or complaints related to your services, including without limitation any issues related to payments, promotions, refunds or chargebacks.
You agree to provide accurate and complete contact information on your sites so that your clients can submit comments or complaints to you.
You are also responsible for complying with any consumer’s best practices along with any and all related laws and regulations that may affect your services.
If you have an assistant that will perform the services, the assistant must create an account as a helper on the Hallo Helper platform and pass all vetting and verification checks. Failure to do so may result in suspension of your account. The helper hired by the client assumes all responsibility for acts and omissions of the assistant(s), and is responsible with any and all tax obligations.
You may not offer or sell any services which, in our sole discretion:
We consider hazardous, counterfeit, stolen, fraudulent, abusive or adverse to our interests or reputation;
Are prohibited for sale, distribution or use;
Are manufactured as, or primarily intended to be used as weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in our sole discretion, whether any product constitutes a “weapon” for purposes of this agreement;
Use images or names of any third party (including notable personalities or celebrities) when offering or selling products without first obtaining that third party’s permission; or
Otherwise fail in any way to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, trade secrets, privacy or publicity rights, consumer protection, product safety or trade regulations or export controls, regulations or sanctions.
A client may choose not to be present and assign another person (“client agent”) to be present when the helper is performing the service. The helper will then follow all instructions from client agent as if the direction was given by client him or herself. Any client using a proxy client agent assumes all responsibilities or acts and omissions of the client agent(s), and is responsible with any and all legal obligations.
We may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove your account, your sites or your services, without any liability to you or to any client, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). For example, we may suspend your services if you are violating this agreement.
All payments from client to helper shall be completed directly on the hallo platform. To accept payments from your clients in connection with services, you must connect your bank via creating a Stripe connected account provided by Hallo. Your relationship with the third party payment processor (the “payment processor”) is governed by the payment processor’s terms and policies. By registering with the payment processor, you are confirming that you will not accept payments via payment processor in connection with any prohibited business or business practices , which may vary from country to country. We do not control and are not liable for any payment processor, or for any transaction you may enter into with or through the payment processor. The payment processors is a third party service, as described in section 2 of this agreement. The payment processor may provide invoices for any transaction fees associated with your service transactions.
Hallo is not obligated to pay service provider in the event the client does not pay. Provider is responsible for invoicing the client no more than 24 hours after completing the work, or as agreed with the client. The invoice must contain: (i) the agreed price, (ii) any out of pocket expenses or additional skills or tasks agreed with and submitted in connection with the task, (iii) any tip or gratuity, if applicable or desired, (iv) the service charge hallo assesses to the client as payable for the use of the hallo platform, variable based on the service payment amount, and (v) any additional platform fee hallo assesses to the client, which is used to offset hallo’s cost of providing users with customer support and other various business objectives, and (vi) cancellation fees, if applicable. All invoicing must be done, without any exceptions, via hallo platform or any approved invoicing service.
Company reserves the right to charge helper connected accounts for any chargebacks, fees, and/or penalties incurred while using the hallo helper platform.
When a client receives confirmation through the hallo platform or via email that the service has been completed, client automatically authorizes the payment processor to process the invoice, if not done so already.
Company reserves the right to suspend any payment or to refund any amount in its sole discretion, upon notice of potential fraud or misuse of the hallo helper platform.
All users are responsible for all tax liabilities required to be paid.
For more information, visit our Knowledge Base. For any communications regarding billing, payments, and reporting, contact legal@hallopr.com
Section 11a. User Privacy
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
Our privacy policy applies to the use of the service and its terms are made a part of the terms of service by this reference. You understand that by using the platform you consent to the collection, use, and disclosure of your personal information and aggregate data as set forth in our privacy policy, and to have your personal information collected, used, transferred to, and processed in the United States and its territories, such as Puerto Rico. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
Basically...
Check out our privacy policy (embedded below). It is also in easy to read plain-english sections.
Section 11b. Use of Site Cookies
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
Section 12. Disclaimer of warranties and limitation of liability
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
The platform and all content are provided on an "As is" and “as available” basis without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, freedom from interruption, viruses or other defect, and non-infringement.
Your sole remedy against us for dissatisfaction with the service or any content is to stop using the platform or any such content. In no event shall we or our subsidiaries, officers, directors, employees, agents, licensors, or content providers (our “affiliates”) be liable for any damages, including, without limitation, indirect, consequential, special, incidental, or punitive damages, resulting from the use or inability to use the service or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we or our affiliates are advised on the possibility of such damages.
To the maximum extent permitted by applicable law, hallo 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 or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all information, including personal information or financial information, stored therein; (iv) any errors, mistakes, losses, damage or unauthorized access resulting from the use of third party applications by you, by your end users, or by hallo on your behalf; (v) any interruption or cessation of transmission to or from the service; (vi) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (viii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Hallo, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding one dollar.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Hallo has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. Disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
If, notwithstanding the foregoing exclusions, it is determined that hallo and affiliates or their corporate partners are 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, to the extent permitted by applicable law.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so certain aspects of the limitations above may not apply to you.
Hallo is only a venue for connecting users. Because hallo is not a party to or otherwise involved in the actual contract between users or in the completion of the task in the event that you have a dispute with one or more users, you hereby release hallo and affiliates and their corporate partners from any and all claims, demands, damages (including direct, indirect, incidental, actual, consequential, economic, special, or exemplary), expenses, losses, governmental obligations, suits and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
Basically...
We try to make sure Hallo is in optimum condition all the time and are constantly releasing fixes and optimizations to make sure it stays 100% for you. Hallo is provided as-is. View our latest updates here
But if something goes wrong, whether with our products or with services you book on our peer--to-peer platform, we need to protect our company from any liability.
Remember that we, as a company, are not the ones you have booked for any on-demand service, we are just the space making that possible for you. So please use the platform knowing your risks.
Section 13. Changes to the platform, termination, and indemnity
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
Hallo is constantly innovating and finding ways to provide our users with new features and services. Therefore, we may, without prior notice, change the platform, add features, stop providing the platform or features of the platform to you or to users generally, or create usage limits for the platform. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the platform without prior notice and liability for any reason, including if, in our sole determination, you violate any provision of this agreement, or for no reason. Upon termination of your use of the platform, you continue to be bound by this agreement.
You agree to defend, indemnify, and hold us and our affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or related to (a) your user content; (b) use of the platform (including your activities); (c) any claims by, on behalf of or against your clients; (d) your violation of any law or regulation or the rights or good name of any third party; (e) any claims from tax authorities in any country in relation to your activities operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which hallo may be held jointly and severally liable; and (f) violation of these terms of service, or violation of any rights of another.
Basically...
We can change or terminate the service and/or your access to it for any reason. If someone brings a claim against us related to your content or use of the service, you promise to pay for the cost of legal expenses and any loss or damages we incur.
Section 14. Copyright policy
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
Hallo 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 service infringe upon your copyright or other intellectual property right, please send the following information to hallo’s copyright agent at: hallo technologies llc 1250 Ave. Ponce de Leon, Suite 600, San Juan PR 00907 or email: legal@hallopr.com (subject line: dmca takedown request”).
A description of the copyrighted work or other intellectual property that you claim has been infringed, including the url (internet address) or other specific location on the service where the material you claim is infringed is located. Include enough information to allow Hallo to locate the material, and explain why you think an infringement has taken place.
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
Your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
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
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.
Counter-notice
If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a written counter-notice containing the following information to the copyright agent:
Your physical or electronic signature
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content, and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the district court of puerto rico and a statement that you will accept service of process from the person who provided notification of the alleged infringement
If a counter-notice is received by the copyright agent, hallo will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat-infringer policy
In accordance with the dmca and other applicable law, hallo has adopted a policy of terminating, in appropriate circumstances and at hallo’s sole discretion, the membership of users who are deemed to be repeat infringers. Hallo may also at its sole discretion limit access to the service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Basically...
We can change or terminate the service and/or your access to it should any person or entity bring a claim against us or any of our proprietary properties in result of your copyright infringement, you promise to pay for the cost of legal expenses and any loss or damages we incur.
Any copyright infringement claims must follow our instructions for filing and notifying listed above. Hallo will only notify businesses that infringe any of our copyrights via official electronic mail using "@hallopr.com" email domain.
Section 15. Amendments, notification procedures, and changes to the agreement
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
We reserve the right, in our sole discretion, to modify, update, or change the terms of service ("Updated terms") from time to time, so you should review this page periodically. When we change the agreement in a material manner, we will update the “last modified” date at the top of this page. Your continued use of the platform after any such change constitutes your acceptance of the new terms of service. If you do not agree to any of these terms or any future terms of service, do not use or access (or continue to access) the platform. Hallo is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the updated terms become effective. Hallo may provide such notifications, whether the notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us at our sole discretion. Hallo reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification by contacting us at help@hallo.com. You agree that we may notify you of the updated terms by posting them on the platform, and that your use of the platform after the effective date of the updated terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated terms. Therefore, you should review these terms of service and any updated terms before using the platform. The updated terms will be effective as of the time of posting, or such later date as may be specified in the updated terms, and will apply to your use of the platform from that point forward. The terms of service will govern any dispute arising before the effective date of the updated terms.
Basically...
We may change our terms of service from time to time. If these terms of use change, we'll notify you, and give you a chance to opt out. We won’t change the terms back to a previous version.
Section 16. Dispute resolution
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
Informal negotiations— To expedite resolution and reduce the cost of any dispute, controversy or claim related to this agreement (“dispute”), you and hallo agree to first attempt to negotiate any dispute (except those disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to hallo. Hallo’s address for such notices is Hallo Technologies, 1250 Ave. Ponce de León, suite 600, San Juan, PR 00907.
Binding arbitration— If you and hallo are unable to resolve a dispute through informal negotiations, all claims arising from the use of the service (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. The arbitration will be commenced and conducted under the commercial arbitration rules (the “aaa rules”) of the American Arbitration Association (“aaa”) and, where appropriate, the aaa’s supplementary procedures for consumer related disputes (“aaa consumer rules”), both of which are available at the aaa website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the aaa rules (and, where appropriate, limited by the aaa consumer rules). If your claim for damages does not exceed $10,000, hallo will pay all such fees unless either hallo legal representation or the arbitrator finds that either the substance of your claim or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in federal rule of civil procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this agreement, you and Hallo may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Exceptions to alternative dispute resolution— Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court located within the commonwealth of puerto rico with respect to any dispute related to the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or proprietary rights.
Waiver of right to be a plaintiff or class member in a purported class action or representative proceeding— You and hallo agree that any arbitration will be limited to the dispute between hallo and you individually. You acknowledge and agree that you and hallo are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and hallo, otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “dispute resolution” section will be deemed null and void.
Location of arbitration— Arbitration will take place in San Juan, Puerto Rico. You and hallo agree that for any dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the commonwealth of puerto rico and federal courts located in San Juan, Puerto Rico have exclusive jurisdiction and you and hallo agree to submit to the personal jurisdiction of such courts.
Basically...
If something goes wrong, contact us and we'll negotiate the problem. If that doesn’t work, we will figure it out in arbitration in San Juan. We don’t want a legal fight. Having said that, should we be forced to, we will do so with our best legal counsel.
Section 17. Miscellaneous
Effective as of 07/20/2022. This section does not limit other sections in these terms of service.
A. Assignment
This agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by hallo without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Governing law, international use, and users
The terms of service will be governed by and construed in accordance with the laws of the commonwealth of puerto rico, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Juan, Puerto Rico, and waive any objection to such jurisdiction or venue.
The platform is controlled and operated from its facilities in the united states. Although the platform may be accessible worldwide, we make no representation that the platform or the materials on the platform are appropriate or available for use in locations outside the united states, and accessing the platform from territories where its use is illegal is prohibited. Those who access or use the platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable united states and local laws and regulations, including but not limited to export and import regulations. You may not use the platform if you are a resident of a country embargoed by the united states, or are a foreign person or entity blocked or denied by the united states government. Unless otherwise explicitly stated, all materials found on the service are solely directed to individuals, companies, or other entities located in the united states.
C. Entire agreement/severability
The terms of service represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. The terms of service shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.
D. No waiver
Any failure by us to enforce or exercise any provisions of the terms of service shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.
E. Attorneys’ and accountants’ fees, remedies
In any action to enforce the terms of service, the prevailing party shall be entitled to attorneys’ and accountants’ fees and costs.
You agree that hallo’s remedy at law for any actual or threatened breach of this agreement would be inadequate and that hallo shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that hallo may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of hallo shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees, and expenses.
No instance of waiver by hallo of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.
F. No agency, no employment
There is no agency, partnership, joint venture, employer-employee or franchise-franchisee relationship is intended or created between your and hallo in this agreement.
G. Notices
You agree to receive any and all communications in regard to these terms of service electronically including without limitation by email or by posting notices on this site, and that they are legal satisfactory.
If you have any questions about these terms of service or about the hallo platform, please contact us by email at admin@hallopr.Com or by mail to Hallo Technologies llc, 1250 Ave. Ponce de Leon, Suite 600, San Juan, PR 00907.
By continuing to use Hallo Helper Apps, I hereby acknowledge that I have read and understand the foregoing terms of service, as well as the privacy policy, and agree that my use of the hallo platform is an acknowledgment of my agreement to be bound by the terms and conditions of this agreement.