United States: Terms & Conditions
The terms and conditions set forth herein (collectively, this “Agreement”) constitute a legal agreement between you and Pink Helper LLC (the “Company”). By using or receiving any services supplied through Pink Helper (together with the website located at https://pinkhelper.com, collectively, the “Service”), and downloading, installing, or using any associated software supplied by the Company which enables you to use the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments or additions to this Agreement as published from time to time at https://pinkhelper.com/terms or through the Service.
The Company reserves the right to modify this Agreement or its policies relating to the Service or Software at any time, effective upon posting an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. If you require any additional information or have any questions about these Terms and Conditions, please feel free to contact us at support@pinkhelper.com
THE COMPANY DOES NOT PROVIDE CLEANING SERVICES, NOR IS THE COMPANY A CLEANING SERVICE PROVIDER
The Company operates as a digital platform to facilitate connections between independent third-party cleaning service providers (“Service Providers”) and individuals or businesses seeking cleaning services (“Customers”). The role of the Company is limited to providing access to its technology and software tools, which allow Customers to request cleaning services and Service Providers to respond to those requests. The Company itself does not perform, manage, supervise, or oversee any cleaning services, nor does it employ or control the Service Providers who offer such services.
The Company does not guarantee or warrant the reliability, suitability, professionalism, or quality of any cleaning services provided by Service Providers. Customers are solely responsible for verifying the credentials, suitability, and abilities of any Service Provider before engaging their services. By using the Platform, you expressly acknowledge and agree that the Company’s role is limited to that of a neutral facilitator, and the Company is not involved in the actual transaction between Customers and Service Providers, except to the extent of processing payments and providing tools for communication.
The cleaning services scheduled or performed through the Platform are provided by independent contractors, not employees, agents, or affiliates of the Company. These independent contractors have no direct employment, partnership, or joint venture relationship with the Company, and the Company disclaims all liability for any acts or omissions by the Service Providers, including but not limited to property damage, personal injury, or unsatisfactory service outcomes.
By using the Platform, you expressly acknowledge that the Company is not a party to the contract between the Customer and the Service Provider, and you agree to release the Company from any and all claims, demands, or damages arising from disputes between you and a Service Provider.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY
These Terms of Service (“Agreement”) govern your use of the Platform and constitute a legally binding agreement between you (“User,” “Customer,” or “Service Provider”) and the Company. By accessing or using the Platform, you agree to be bound by these Terms of Service and all other policies referenced herein, including our Privacy Policy, Refund Policy, and Cancellation Policy. If you do not agree to any of these terms, you must discontinue use of the Platform immediately.
This Agreement contains provisions that impact your legal rights, including but not limited to:
1. An Agreement to Arbitrate, requiring you to resolve disputes through binding arbitration rather than in court.
2. A Class Action Waiver, limiting your ability to participate in collective legal actions.
3. A Payment Policy, requiring payments to be made in advance of services being rendered.
By using the Platform, you acknowledge and agree to these terms.
AGREEMENT TO ARBITRATE
All disputes, claims, or controversies arising out of or related to this Agreement, your use of the Pink Helper Platform, or the services facilitated through the Platform must be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules or any other rules mutually agreed upon by the parties. By entering this Agreement, you acknowledge and agree that arbitration replaces your right to bring disputes before a court or jury. You further agree that you are waiving your right to participate in any class action, collective action, or similar legal proceeding.
Arbitration will be conducted strictly on an individual basis. The arbitrator shall have no authority to hear or resolve claims on a class, collective, or representative basis or to consolidate the claims of multiple individuals into a single proceeding. Both you and Pink Helper expressly agree that any arbitration will take place in the jurisdiction of New York County, New York, unless a different venue is mutually agreed upon in writing by both parties.
The arbitrator’s decision shall be final, binding, and conclusive, and judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitration proceedings, including any awards, will remain confidential to the maximum extent permitted by law.
By using the Pink Helper Platform, you agree that all claims must be resolved through this arbitration process, and you waive the right to bring any disputes before a court, except as may otherwise be required by law for injunctive or equitable relief.
INDIVIDUAL BASIS ONLY
To the fullest extent permitted by law, any claims, disputes, or proceedings must be brought on an individual basis and not as part of a class or representative action. You expressly waive any right to participate as a plaintiff or class member in any purported class, collective, or representative proceeding.
If this waiver of class actions or representative proceedings is found unenforceable or invalid, you agree that any claims or disputes will proceed in a court of competent jurisdiction and not in arbitration.
PAYMENT TERMS
All payments for cleaning services facilitated through the Platform must be made in advance of the services being performed. Upon booking a cleaning service, the payment amount will be charged to the payment method on file. Payments are processed securely through a third-party payment processor, and the Company does not store or have access to your full payment details.
The Service Provider will not commence any services until payment has been successfully processed and confirmed by the Company. You acknowledge that any failure to complete payment will result in the cancellation of your booking.
Refunds and cancellations are governed by the Company’s Refund and Cancellation Policy, which may be updated from time to time and can be found on the Platform. You agree to review and abide by this policy before making any bookings.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY
These Terms of Service (“Agreement”) govern your use of the Platform and constitute a legally binding agreement between you (“User,” “Customer,” or “Service Provider”) and the Company. By accessing or using the Platform, you agree to be bound by these Terms of Service and all other policies referenced herein, including our Privacy Policy, Refund Policy, and Cancellation Policy. If you do not agree to any of these terms, you must discontinue use of the Platform immediately.
This Agreement contains provisions that impact your legal rights, including but not limited to:
1. An Agreement to Arbitrate, requiring you to resolve disputes through binding arbitration rather than in court.
2. A Class Action Waiver, limiting your ability to participate in collective legal actions.
3. A Payment Policy, requiring payments to be made in advance of services being rendered.
By using the Platform, you acknowledge and agree to these terms.
THE COMPANY IS A FACILITATOR
The Platform acts solely as a facilitator, providing a space for communication and transactions between Customers and Service Providers. The Company does not directly provide, manage, or supervise the cleaning services offered by Service Providers. All responsibilities related to the cleaning services—including scheduling, service quality, and adherence to applicable laws and regulations—are solely between the Customers and Service Providers. Customers and Service Providers must independently negotiate and fulfill the terms of their agreements. The Company holds no liability for the actions, services, or agreements made between the parties.
The Company conducts background checks on Service Providers through third-party services but does not guarantee the accuracy, completeness, or reliability of the results. Customers are encouraged to exercise caution and due diligence when selecting Service Providers.
By using the Platform, you agree that the Company is not responsible for the conduct, performance, or actions of any User, whether online or offline. You release the Company from any and all liability for damages, losses, or disputes arising out of your interactions with other Users.
REPRESENTATIONS AND WARRANTIES
By using the Platform, you represent and warrant the following:
1. You are at least 16 years old and capable of entering into legally binding contracts.
2. You will use the Platform only for lawful purposes and in compliance with all applicable laws and regulations.
3. You will not use the Platform to harm, harass, or infringe upon the rights of others.
4. You will provide accurate, truthful, and up-to-date information when creating an account, making bookings, or offering services.
5. You will maintain the confidentiality of your account credentials and notify the Company immediately if you suspect unauthorized use.
MODIFICATIONS TO THE TERMS
The Company reserves the right to update or modify these Terms of Service at any time. Changes will take effect upon posting the revised Terms of Service on the Platform, and continued use of the Platform constitutes your acceptance of the updated terms. You are encouraged to review these Terms regularly to stay informed about your rights and responsibilities.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Platform or the cleaning services facilitated through the Platform. The Company’s total liability, if any, shall be limited to the amount paid by you for the specific service giving rise to the claim.
The Company is not liable for:
• Property damage or personal injury caused by a Service Provider.
• Failure of a Service Provider to perform services as agreed.
• Disputes between Customers and Service Providers.
nsurance Responsibility and Liability Disclaimer
1. No Insurance Provided by the Company
Pink Helper LLC (“Company”) does not provide insurance coverage for Service Professionals or Service Requesters. All risks, damages, or liabilities arising from services facilitated through the Platform are the sole responsibility of the respective parties.
2. Insurance Recommendation
While insurance is not mandatory, the Company strongly recommends the following:
• For Service Professionals: Commercial liability insurance, professional liability insurance, and workers’ compensation insurance (where required by law) to protect against potential risks during service delivery.
• For Service Requesters: Property insurance or related policies to safeguard against potential damages during service.
3. Acceptance of Risks
By using the Platform, Service Professionals and Service Requesters acknowledge and agree that:
• They are solely responsible for any risks, including property damage, personal injury, or other liabilities, that may occur during service transactions.
• They waive any legal claims against Pink Helper LLC arising from such risks.
4. Company Liability Waiver
Pink Helper LLC disclaims all liability for:
• Actions of Service Professionals: Any personal injury, property damage, or other harm caused by Service Professionals during the performance of services.
• Actions of Service Requesters: Any damages or losses caused by Service Requesters to Service Professionals or their equipment.
• Service Transactions: Disputes, damages, or liabilities arising between Service Professionals and Service Requesters during or after services facilitated through the Platform.
5. Assumption of Risk When Using the Platform
Both Service Professionals and Service Requesters acknowledge that interactions facilitated through the Platform involve inherent risks. The Company does not guarantee the behavior, reliability, or conduct of any party. Use of the Platform is at the sole discretion and risk of the users.
LIMITATION OF LIABILITY
1. No Insurance Provided by the Company
Pink Helper LLC (“Company”) does not provide insurance coverage for Service Professionals or Service Requesters. All risks, damages, or liabilities arising from services facilitated through the Platform are the sole responsibility of the respective parties.
2. Insurance Recommendation
While insurance is not mandatory, the Company strongly recommends the following:
• For Service Professionals: Commercial liability insurance, professional liability insurance, and workers’ compensation insurance (where required by law) to protect against potential risks during service delivery.
• For Service Requesters: Property insurance or related policies to safeguard against potential damages during service.
3. Acceptance of Risks
By using the Platform, Service Professionals and Service Requesters acknowledge and agree that:
• They are solely responsible for any risks, including property damage, personal injury, or other liabilities, that may occur during service transactions.
• They waive any legal claims against Pink Helper LLC arising from such risks.
4. Company Liability Waiver
Pink Helper LLC disclaims all liability for:
• Actions of Service Professionals: Any personal injury, property damage, or other harm caused by Service Professionals during the performance of services.
• Actions of Service Requesters: Any damages or losses caused by Service Requesters to Service Professionals or their equipment.
• Service Transactions: Disputes, damages, or liabilities arising between Service Professionals and Service Requesters during or after services facilitated through the Platform.
5. Assumption of Risk When Using the Platform
Both Service Professionals and Service Requesters acknowledge that interactions facilitated through the Platform involve inherent risks. The Company does not guarantee the behavior, reliability, or conduct of any party. Use of the Platform is at the sole discretion and risk of the users.
Insurance Responsibility and Liability Disclaimer
1. No Insurance Provided by the Company
Pink Helper LLC (“Company”) does not provide insurance coverage for Service Professionals or Service Requesters. All risks, damages, or liabilities arising from services facilitated through the Platform are the sole responsibility of the respective parties.
2. Insurance Recommendation
While insurance is not mandatory, the Company strongly recommends the following:
• For Service Professionals: Commercial liability insurance, professional liability insurance, and workers’ compensation insurance (where required by law) to protect against potential risks during service delivery.
• For Service Requesters: Property insurance or related policies to safeguard against potential damages during service.
3. Acceptance of Risks
By using the Platform, Service Professionals and Service Requesters acknowledge and agree that:
• They are solely responsible for any risks, including property damage, personal injury, or other liabilities, that may occur during service transactions.
• They waive any legal claims against Pink Helper LLC arising from such risks.
4. Company Liability Waiver
Pink Helper LLC disclaims all liability for:
• Actions of Service Professionals: Any personal injury, property damage, or other harm caused by Service Professionals during the performance of services.
• Actions of Service Requesters: Any damages or losses caused by Service Requesters to Service Professionals or their equipment.
• Service Transactions: Disputes, damages, or liabilities arising between Service Professionals and Service Requesters during or after services facilitated through the Platform.
5. Assumption of Risk When Using the Platform
Both Service Professionals and Service Requesters acknowledge that interactions facilitated through the Platform involve inherent risks. The Company does not guarantee the behavior, reliability, or conduct of any party. Use of the Platform is at the sole discretion and risk of the users.
AUTORENEWAL TERMS
Pink Helper platform subscriptions are designed for convenience, offering seamless access to the tools and services necessary for Customers and Service Providers to connect. Subscriptions automatically renew on a monthly basis unless canceled prior to the end of the current billing cycle. Renewal charges will be processed using the payment method provided at the time of registration.
Important Details About Renewal:
1. Payment Processing: Payment for the renewal period will be processed on the renewal date without prior notice. It is the responsibility of the subscriber to ensure that their payment method is up-to-date to avoid service interruptions.
2. Non-Refundable Charges: Once a renewal has been processed, the subscription fee is non-refundable. No exceptions will be made for unused services or early cancellation within a renewed cycle.
3. Access During Active Subscription: Subscribers will retain full access to their account features and functionalities for the entirety of the paid billing cycle, regardless of whether the subscription is later canceled.
Managing Your Subscription:
• Subscribers may cancel their subscriptions at any time through their account settings.
• Cancellations must occur at least 24 hours before the renewal date to avoid charges for the subsequent billing period. Once processed, charges for the new billing period cannot be reversed.
• Pink Helper provides reminders and billing transparency through the account dashboard, allowing users to view and manage their subscription status.
EXAMPLES AND SCENARIOS FOR CLARITY
1. Cancellation Before Renewal: If a subscription renewal is scheduled for the 15th of the month, cancellation must be completed by 11:59 PM on the 14th. No further charges will apply, and the subscription will remain active until the end of the current billing cycle.
2. Cancellation After Renewal: If cancellation occurs after the renewal date, the subscription will remain active for the full billing cycle, but no refunds will be provided for that period.
3. Payment Issues: If a payment method is invalid or rejected, the platform reserves the right to suspend the account until a valid payment method is provided.
Pink Helper is committed to providing flexibility and transparency in subscription management. Subscribers are encouraged to review their account regularly to avoid misunderstandings or unexpected charges.
If you have additional questions or require assistance with subscription management, you can contact our support team through the help center.
Theft and Damage Policy
In the event of potential theft or damage occurring during a service booked through the Pink Helper platform, the Customer must first contact the Service Provider to resolve the issue. Pink Helper offers the option for Customers to request mediation between the Customer and the Service Provider within 30 days of the service completion. Upon submitting a request for mediation, the Customer will receive a confirmation email. By engaging Pink Helper’s mediation services, you agree that the platform’s decisions regarding resolutions are final and binding.
If mediation is requested, the Customer must complete and submit a Theft and Damage Claim Form within 30 days of receiving the form to qualify for resolution assistance.
Coverage Eligibility
A Customer is eligible for coverage under the Theft and Damage Policy only if all the following conditions are met:
1. The service was booked and fully paid for through the Pink Helper platform.
2. The Customer adhered to the Terms and Conditions of the platform.
3. The claim was reported within 30 days of the service’s completion.
4. The Customer took reasonable precautions, such as securing valuables before the service began.
Exclusions from Coverage
The following scenarios are not covered under the Theft and Damage Policy:
• Services not booked or paid directly through the Pink Helper platform.
• Items already recovered by the police or replaced by the Service Provider.
• Loss of cash, third-party gift cards, vouchers, and securities.
• Loss or damage to fine arts, including but not limited to:
• Paintings, photographs, sculptures, antiques, or other valuable collectibles.
• Rugs, jewelry, precious metals, or items with historical or sentimental value.
• Damage or loss caused by pre-existing conditions of the property or item.
• Items that retain functionality despite minor cosmetic damage, such as scratches or normal wear and tear.
• Damages or losses involving pets, personal liability, or shared/common areas.
• Loss of income, market value, or interruptions to business operations caused by the incident.
• Costs related to shipping, taxes, or replacement fees.
• Claims of theft without a valid police report when requested by Pink Helper.
• Claims with insufficient documentation to verify the loss or damage.
• Losses resulting from the negligence or misconduct of the Customer, Service Provider, or a third party.
• Services or items prohibited by law or services not explicitly booked through the platform.
Resolution Process
Pink Helper facilitates the collection of information and coordinates communication between the Customer and the Service Provider. Once sufficient documentation is received from both parties, the platform will assess the claim based on:
1. The fair market value of the lost or damaged item.
2. The cost of the service provided.
The resolution process generally takes up to one week, depending on the complexity of the claim and the cooperation of both parties. The platform may assist in determining compensation, which will either cover the cost of the claim or up to three times the service fee, whichever is lower.
Pink Helper’s role is limited to mediation and coordination. The platform does not assume liability for damages or theft caused by Service Providers. For additional support, you can contact our help center.
Pink Helper is Only a Venue
Pink Helper serves solely as a communications platform that enables the connection between individuals seeking services and independent Service Providers offering those services. The platform facilitates these interactions, allowing Service Providers and Customers to establish contractual agreements independently.
Pink Helper does not, and cannot, guarantee or warrant the reliability, quality, or suitability of the Service Providers. While the platform may utilize third-party services to perform background checks on Service Providers, this process is limited in scope, and the results are not exhaustive. Pink Helper does not employ, train, or directly manage the Service Providers listed on the platform. It is important to note that any agreement regarding services, including the scope and execution of such services, is between the Customer and the Service Provider.
By using the platform, you acknowledge that Pink Helper is not responsible for the actions, conduct, or performance of the Service Providers or Customers. The platform merely provides a medium for communication and connection. Pink Helper shall not be liable for any issues arising from the services rendered or the interactions between parties. Customers and Service Providers are encouraged to exercise their judgment, practice caution, and maintain professional conduct during all interactions.
Pink Helper, its affiliates, and licensors disclaim all responsibility for the conduct, whether online or offline, of any users of the platform. Any liability, claim, or damage resulting from your use of the platform is your sole responsibility.
Representations and Warranties
By accessing and using Pink Helper’s platform and services, you represent and warrant the following:
1. Eligibility and Legal Capacity:
You affirm that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of such services by age or other factors, you must comply with those restrictions. Pink Helper’s platform and services are not available to individuals under the age of 18 or those unable to enter binding contracts.
2. Personal Use Only:
Your account and participation on the Pink Helper platform are for personal use only. You are not permitted to authorize others to access your account or use your user status on the platform. Transferring or assigning your account to another person or entity is strictly prohibited.
3. Compliance with Laws:
You agree to comply with all applicable laws and regulations in the jurisdiction where you use the platform. This includes laws regarding online transactions, consumer rights, and service provision.
4. Proper Access:
You agree to use the platform through authorized means only. Pink Helper is not responsible for errors, malfunctions, or incompatibilities caused by the use of unsupported devices or unauthorized software versions.
5. Truthful Information:
You agree to provide accurate and truthful information when creating your account, submitting service requests, or communicating with Service Providers. Falsifying information or impersonating others is strictly prohibited.
6. Service Limitations:
You acknowledge that Pink Helper does not control or guarantee the availability or performance of any services. All services arranged through the platform are the responsibility of the independent Service Providers. Pink Helper is not involved in the management or oversight of the services provided.
Platform Use Agreement
By using the Pink Helper platform, you agree to the following conditions:
• Lawful Intent:
You will use the platform exclusively for lawful purposes. Any attempt to engage in fraudulent, unlawful, or malicious activities is prohibited.
• Respectful Communication:
You will not use the platform to harass, threaten, or intimidate other users. Respectful communication is expected at all times.
• No Resale or Redistribution:
You may not resell, sublicense, or redistribute the platform’s software, content, or features without prior authorization.
• Data Protection:
You agree to keep your account information, including login credentials, secure and confidential. You are solely responsible for any activity conducted through your account.
• Notification of Issues:
You must promptly notify Pink Helper of any unauthorized use of your account or other security concerns. The platform reserves the right to suspend or terminate accounts in cases of suspected misuse.
• Fair Use:
Excessive or abusive use of the platform’s resources, such as frequent cancellations or inappropriate service requests, may result in account restrictions.
Communication and Consent
By engaging with the Pink Helper platform, you consent to the following:
1. Communication Preferences:
You agree to receive communications via email, phone, or SMS regarding account updates, service confirmations, and other relevant matters. Standard messaging and data rates may apply for SMS communications.
2. Contact Information Accuracy:
It is your responsibility to maintain accurate and current contact information in your account settings. Any failure to receive important notifications due to outdated contact information is your responsibility.
3. Opt-Out Policy:
You may opt out of promotional messages or marketing emails at any time. However, certain critical account and service-related communications cannot be disabled, as they are necessary for the operation of the platform.
4. Third-Party Communication Services:
Pink Helper may use third-party services to facilitate communication between Customers and Service Providers. This includes temporary phone numbers for anonymous contact. By using the platform, you agree to these methods of communication.
By agreeing to these terms, you acknowledge that Pink Helper facilitates communication and connection but does not take responsibility for any aspect of the service agreements established between Customers and Service Providers.
Pink Helper Communications
Pink Helper is committed to ensuring secure and efficient communication between customers and Service Providers using our platform. Alongside booking confirmations and appointment reminders sent to the email address and phone number provided during registration, customers may contact our support team at support@pinkhelper.com for inquiries or assistance. Additionally, Pink Helper may assign optional phone numbers to facilitate communication between customers and Service Providers while maintaining both parties’ privacy. These numbers are exclusively owned and managed by Pink Helper to ensure confidentiality and seamless interactions.
By providing your phone number, you consent to its use for communication with Pink Helper, your Service Provider, and other necessary communications related to the Service. This consent includes receiving calls, pre-recorded or artificial voice calls, and text (SMS or MMS) messages sent via autodialer technology to assist in facilitating the requested services. You are responsible for ensuring the number provided is current, belongs to you, and is free from unauthorized use by others. You also agree to promptly update your contact details with Pink Helper should your number change. Standard messaging rates and carrier fees may apply.
For customers who opt into additional communication options, such as Short Code notifications, message frequency may vary depending on the Service’s requirements. Message and data rates may apply as determined by your mobile carrier. To stop receiving these messages, reply STOP to any message or email us at support@pinkhelper.com. Assistance can also be requested by replying HELP to any received message. Please note that opting out of SMS communications may restrict access to certain features or notifications critical to your Service experience.
Pink Helper works with a third-party communication provider to manage and facilitate interactions between customers and Service Providers. When you communicate via phone calls or text messages using the platform’s assigned phone numbers, Pink Helper, along with its communication partner, may store essential data such as the date and time of interactions, phone numbers used, and the content of any messages exchanged. This information is stored for security, dispute resolution, and quality assurance purposes and is handled in strict compliance with Pink Helper’s privacy policies. Calls and texts sent via the assigned numbers are relayed to the recipient, ensuring that no personal contact information is shared directly between parties unless explicitly permitted.
To enhance service quality and safeguard user interests, Pink Helper may monitor and record phone calls, text (SMS or MMS) messages, or other communications transmitted through the platform. These recordings may be used for quality control, training purposes, dispute mediation, or ensuring compliance with applicable laws and regulations. By using the platform, you acknowledge and consent to such monitoring and recording practices without the need for additional notice at the time of recording, as allowed by law.
Pink Helper’s communication system is designed to prioritize privacy, reliability, and user convenience. Our platform ensures that all interactions between customers and Service Providers are secure, professional, and managed efficiently to deliver the best possible service experience. If you have questions or need further clarification about communication features, please reach out to our support team at the email address provided.
License Grant & Restrictions
Pink Helper grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Pink Helper platform, software, and related services (collectively referred to as “the Service”) solely for personal, non-commercial purposes. This license is granted subject to the terms and conditions outlined in this Agreement. All rights not explicitly granted to you are reserved by Pink Helper and its licensors. By using the Service, you acknowledge and agree to these limitations and understand that any violation of the terms may result in the suspension or termination of your account, as well as potential legal action.
Restrictions on Use
You are expressly prohibited from engaging in the following activities with respect to the Service and Software:
1. Commercial Use Prohibited: You may not sell, resell, license, sublicense, transfer, assign, distribute, or otherwise commercially exploit or make the Service or Software available to any third party without prior written consent from Pink Helper.
2. Unauthorized Modifications: You may not modify, adapt, translate, create derivative works, or make unauthorized improvements to the Service or Software.
3. Reproduction and Distribution: You may not reproduce, copy, frame, mirror, or host the Service or Software on any other server, website, or device without written authorization.
4. Reverse Engineering: You are strictly prohibited from reverse engineering, decompiling, disassembling, or attempting to extract the source code of the Software.
5. Competing Services: You may not access the Service or Software to build or assist in building a competitive product or service, or to replicate the ideas, features, functions, or graphics of the Service or Software.
6. Automated Tools: You may not use automated systems such as robots, web crawlers, spiders, scrapers, or similar technologies to access, scrape, or interact with the Service in a manner that overburdens or disrupts its operations.
7. Illegal or Harmful Content: You are prohibited from using the Service to store, transmit, or distribute material that is infringing, obscene, threatening, defamatory, or otherwise unlawful. This includes content that violates the privacy or intellectual property rights of third parties, or content that is harmful to minors.
8. Malicious Software: You may not upload, store, or transmit malicious software, including viruses, worms, Trojan horses, ransomware, or any other code designed to damage or disrupt systems.
9. Interference and Disruption: You may not interfere with the integrity or performance of the Service or Software, nor may you attempt to gain unauthorized access to the Service, its related systems, or networks. This includes attempting to bypass security measures or access accounts, data, or features you are not authorized to use.
10. Spam and Misuse: You may not use the Service to send unsolicited or bulk communications, including spam or promotional content, in violation of applicable laws and regulations.
Additional Safeguards and Monitoring
To ensure the security and functionality of the Service, Pink Helper employs various monitoring tools and protocols. By using the Service, you acknowledge and consent to the following:
1. Monitoring and Audits: Pink Helper may monitor your use of the Service to ensure compliance with this Agreement. Any activities deemed suspicious or in violation of these terms may result in immediate suspension or termination of your access.
2. Data Integrity: Pink Helper reserves the right to limit or restrict activities that may compromise the security, performance, or reliability of the platform. This includes blocking excessive server requests, mitigating distributed denial-of-service (DDoS) attacks, and addressing unauthorized data scraping.
3. Legal Enforcement: In cases of suspected abuse or violations, Pink Helper may cooperate with law enforcement agencies and provide necessary information to assist in investigations or legal actions.
4. Accountability for Damages: You agree to be held accountable for any damages or disruptions caused by your misuse of the Service. This includes but is not limited to technical disruptions, loss of data, or legal liabilities resulting from your actions.
Protection of Intellectual Property
All intellectual property rights, including copyrights, trademarks, and trade secrets associated with the Service and Software, are owned by Pink Helper or its licensors. By using the Service, you acknowledge that:
1. The Pink Helper name, logo, and associated branding are protected by law and may not be used without written permission.
2. Suggestions, feedback, or ideas you submit to Pink Helper become the exclusive property of Pink Helper, with no obligation to compensate you for their use.
Indemnification
You agree to indemnify, defend, and hold harmless Pink Helper, its affiliates, employees, contractors, and agents from and against any claims, damages, losses, or liabilities arising from:
1. Your violation of this Agreement.
2. Unauthorized or unlawful use of the Service.
3. Any third-party claims related to your actions while using the Service.
Termination of License
Pink Helper reserves the right to revoke or terminate your license to use the Service at any time, with or without notice, for any reason, including but not limited to violations of this Agreement or actions that compromise the integrity or security of the platform.
By continuing to use the Service, you acknowledge your understanding of these restrictions and your agreement to comply fully with them. Failure to adhere to these terms may result in legal action, including civil or criminal penalties.
Intellectual Property Ownership
Pink Helper and its licensors (where applicable) shall retain exclusive ownership of all rights, title, and interest in and to the platform, its associated software, and any related services (“the Service”), including all intellectual property rights therein. This includes, but is not limited to, copyrights, trademarks, trade secrets, patents, and any other proprietary rights.
By using the Service, you acknowledge and agree that:
1. Ownership of Intellectual Property: All designs, functionalities, code, and other elements of the platform are the exclusive property of Pink Helper. This Agreement does not constitute a sale or grant of ownership rights to you in any form.
2. Assignment of Feedback: Should you provide any feedback, suggestions, ideas, or recommendations regarding the Service, you automatically and irrevocably assign all rights, title, and interest in such submissions to Pink Helper. This includes any rights to use, adapt, or commercialize these suggestions without further compensation to you.
3. Trademarks and Branding: The Pink Helper name, logo, and any associated branding elements are protected trademarks. You may not use, reproduce, or display these trademarks without prior written consent from Pink Helper.
4. No License Granted: Use of the Service does not grant you a license or any implied rights to utilize Pink Helper’s intellectual property beyond the intended personal use of the platform as outlined in this Agreement.
Privacy Policy and DMCA Compliance
For information on how Pink Helper collects, uses, and protects your personal information, please review our Privacy Policy at [Insert Link to Privacy Policy]. Your privacy and security are of the utmost importance to us, and all data is handled in compliance with applicable privacy laws.
Digital Millennium Copyright Act (DMCA) Compliance
Pink Helper respects intellectual property rights and complies with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that any content available on the platform infringes your copyright, you may file a written notice with Pink Helper’s designated Copyright Agent, containing the following information:
1. Identification of Infringed Work: A clear description of the copyrighted work that you believe has been infringed.
2. Location of Infringing Material: Specific URLs or locations on the platform where the allegedly infringing material is found.
3. Your Contact Information: Name, address, phone number, and email address to facilitate communication.
4. Statement of Good Faith Belief: A statement asserting that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, their agent, or applicable law.
5. Declaration of Accuracy: A declaration under penalty of perjury that the information provided is accurate and that you are authorized to act on behalf of the copyright owner.
6. Signature: A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
DMCA notices and counter-notices must be sent to:
By Mail:
Copyright Agent
9560 Queens Blvd, Unit #2027
Rego Park, NY 11374
United States
By Email: support@pinkhelper.com
Failure to include all required information in your DMCA notice may result in a delay or denial of processing. Pink Helper reserves the right to remove or disable access to content alleged to be infringing and will notify the user responsible for the content of the claim.
Pink Helper also complies with applicable laws governing counter-notices. If you believe that your content was wrongly removed, you may submit a counter-notice with the necessary information, as outlined in the DMCA.
By using the platform, you agree to these terms and understand that Pink Helper is committed to protecting both its intellectual property and that of third parties while maintaining a secure and lawful environment for its users.
Third-Party Interactions
While utilizing the Pink Helper platform (the “Service”), you may engage in interactions with third-party service providers, advertisers, or sponsors who display, promote, or offer their goods and/or services through the platform. These interactions may include correspondence, purchases, promotional activities, or contractual agreements. It is important to understand that these engagements are conducted solely between you and the respective third party. Pink Helper is not a party to these interactions and assumes no responsibility, liability, or obligation for any outcomes, disputes, or issues that may arise.
Independence of Third-Party Services
1. No Endorsement or Guarantee: Pink Helper does not endorse, guarantee, or vouch for the reliability, quality, legality, or suitability of third-party providers or their offerings. All content, products, services, and materials provided by third parties remain their sole responsibility.
2. Separate Terms and Conditions: Any agreements, terms, or warranties related to third-party services are solely between you and the respective provider. Pink Helper disclaims all responsibility or liability for these terms and advises users to review and understand any additional agreements required by third-party providers before proceeding with transactions or engagements.
3. Links to External Sites: The platform may include links to third-party websites. These links are provided for convenience and informational purposes only. Pink Helper does not control or endorse the content, products, or services provided by these external websites, nor do we accept any liability for damages or issues resulting from your use of such sites.
Advertising and Marketing
1. Advertising Content: Pink Helper may display advertisements, promotions, or marketing content provided by third-party advertisers on its platform. By using the Service, you agree to receive such advertising and marketing unless you explicitly opt out by notifying Pink Helper in writing.
2. Anonymous Data Sharing: Pink Helper may aggregate and anonymize user data to generate customer profiles, market analyses, or similar reports. This information is shared with third-party advertisers and sponsors solely for statistical or marketing purposes and does not include personally identifiable information unless you have provided explicit consent.
User Responsibility
1. Caution in Interactions: Users are solely responsible for taking reasonable precautions when engaging with third parties through the platform. This includes evaluating the legitimacy, safety, and reliability of third-party services or products.
2. Risk of Transactions: Any risks associated with transactions, correspondence, or other engagements with third-party providers rest solely with the user. Pink Helper does not mediate or intervene in disputes or issues arising from these interactions unless explicitly required by applicable laws.
3. Liability Limitation: Pink Helper disclaims all liability arising from your reliance on third-party services, products, or representations. This includes, but is not limited to, financial loss, data breaches, product defects, or service dissatisfaction.
Consent and Communication
By using Pink Helper, you acknowledge and agree that:
1. You are responsible for reviewing and understanding the terms and conditions of any third-party providers before entering into transactions or agreements.
2. You consent to receive advertisements, promotions, and marketing messages unless you opt out by contacting Pink Helper via email or other written communication.
3. You waive any claims against Pink Helper for disputes, issues, or damages arising from third-party interactions.
Pink Helper remains committed to providing a safe and secure platform. However, all users must exercise due diligence and caution when engaging with external providers, as the company cannot guarantee the outcomes of third-party services or interactions.
Cash Back Program
Rewards Overview
Pink Helper offers users the opportunity to earn rewards in the form of platform credits (“Credits”) or cash back (“Cash Back”) (collectively, “Rewards”) when using eligible services facilitated through the platform. Participation in this program is entirely at the discretion of Pink Helper and contingent upon compliance with these Terms and Conditions.
Eligibility and Submission of Receipts
To qualify for Rewards, you must upload valid proof of payment (a “Receipt”) through Pink Helper’s designated portal. The receipt must meet the following criteria:
1. Reflect a transaction completed with an eligible service provider through the Pink Helper platform.
2. Be valued at less than $1,000 per transaction.
3. Be issued directly by the service provider and paid by the user uploading the receipt.
Pink Helper reserves the right to verify the authenticity of all submitted receipts. By submitting a receipt, you consent to the use of your data for validation and administration of Rewards. The company retains sole discretion to determine eligibility for Rewards based on submitted documentation.
Exclusions and Conditions
Rewards will not be issued for the following:
• Transactions not booked and completed through Pink Helper’s platform.
• Taxes, fees, shipping costs, discounts, refunds, cancellations, or other deductions as determined by Pink Helper.
• Fraudulent, altered, or misrepresented receipts.
• Transactions completed outside the geographical regions supported by the platform.
• Accounts not in good standing, including those with unresolved payment issues or cancellations.
Payment and Redemption
1. Redemption Process: Users can elect how they wish to redeem Rewards via the Rewards portal. Available options include direct cash transfers via PayPal or Venmo, or credits to be used for future service bookings through Pink Helper.
2. Minimum Payment Amount: Cash Back payments are issued in U.S. dollars, and the minimum redemption amount is $5.00.
3. Accuracy of Information: Users are responsible for providing accurate email addresses and payment details. Pink Helper will not be liable for errors arising from incorrect user-submitted information.
4. Use of Credits: Platform Credits may only be used for services booked through Pink Helper and cannot be applied to subscription or membership fees.
Adjustments and Termination
Pink Helper reserves the right to adjust or revoke Rewards under the following circumstances:
• If the receipt corresponds to a returned or canceled service.
• If fraud, abuse, or unethical activity is detected.
• If discrepancies or irregularities in the account are identified.
Users must report any discrepancies in their Rewards balance within 30 days of the transaction. Pink Helper is not obligated to reissue Rewards after this period.
Tax Obligations
Users are responsible for understanding and meeting their tax obligations regarding Rewards. Tax liability, if any, rests solely with the recipient. Pink Helper is not responsible for determining or withholding applicable taxes.
Fraudulent Activity and Program Termination
Pink Helper has a zero-tolerance policy for fraudulent activity. Any suspected or verified fraudulent actions will result in immediate suspension or termination of the user account, forfeiture of accrued Rewards, and possible legal action. Pink Helper retains the right to pursue all remedies available under applicable law for negligence, fraud, or malfeasance.
By participating in the Rewards program, users agree to abide by these Terms and Conditions. Pink Helper reserves the right to amend or terminate the program at any time without prior notice. It is the responsibility of users to stay informed of any changes.
Indemnification
By entering into this Agreement and using the Software or Service provided by Pink Helper, you agree to defend, indemnify, and hold Pink Helper, its affiliates, licensors, parent organizations, subsidiaries, officers, directors, employees, agents, and legal representatives harmless from and against any and all claims, damages, losses, costs, liabilities, and expenses (including but not limited to attorneys’ fees and legal costs) arising out of or in connection with:
(a) Your violation or breach of any provision of this Agreement or applicable law or regulation, whether or not explicitly mentioned in these terms;
(b) Your infringement of the rights of any third party, including but not limited to intellectual property rights, personal privacy rights, or contractual obligations;
(c) Your improper use or misuse of the Software or Service, including fraudulent activities or negligence that results in harm to Pink Helper or any other parties involved.
This indemnity includes all legal fees, damages, and related expenses incurred by Pink Helper due to your actions or omissions, and it remains in effect even if your account is terminated or suspended.
If you are a resident of New Jersey, the above indemnification clause is intended to be interpreted as broadly as allowed under New Jersey law. Should any part of this section be found invalid under New Jersey law, the remaining portions shall continue to be valid and enforceable to the fullest extent permissible.
Termination
Pink Helper reserves the right to:
(i) Modify or discontinue the Software or Service, in whole or in part, temporarily or permanently;
(ii) Refuse, restrict, or terminate your access to the Service, your account, or any associated functionality at any time for any reason, including, but not limited to:
• Violation of these Terms of Service or any applicable law;
• Abusive, harassing, or vulgar language or conduct in any form, whether spoken, written, or electronic;
• Threatening or violent behavior towards employees, service providers, or other users;
• Fraudulent activities or attempts to deceive Pink Helper, its service providers, or other parties;
• Theft or unauthorized use or removal of Pink Helper’s or any service provider’s property;
• Engaging in unsafe actions or practices that endanger others;
• Falsification, alteration, or destruction of any records or information related to your use of the Service.
Pink Helper will make reasonable efforts to notify you of the termination or suspension of your account unless such notification is not feasible due to the nature of the violation or legal obligations.
Pink Helper shall not be held liable to you or any third party for any suspension, termination, or modification of the Software or Service. By using the Software or Service, you acknowledge that your account or access may be terminated without prior notice if you fail to comply with these terms or engage in any activity that Pink Helper deems inappropriate or harmful to its operations, service providers, or users.
Disclaimer of Warranties
PINK HELPER MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE RELIABILITY, TIMELINESS, ACCURACY, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SOFTWARE OR SERVICE PROVIDED. THE SERVICE IS OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINK HELPER DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING THE SOFTWARE, SERVICE, AND ANY CLEANING SERVICES SCHEDULED THROUGH THE PLATFORM.
PINK HELPER DOES NOT WARRANT OR GUARANTEE THAT:
(A) THE SERVICE OR SOFTWARE WILL OPERATE ERROR-FREE, WITHOUT INTERRUPTION, OR BE FREE FROM DEFECTS, DELAYS, OR MALFUNCTIONS;
(B) THE SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH YOUR HARDWARE, SOFTWARE, SYSTEMS, OR DATA, OR THAT IT WILL WORK IN COMBINATION WITH THIRD-PARTY APPLICATIONS OR SERVICES;
(C) THE DATA STORED, TRANSMITTED, OR RECEIVED VIA THE SOFTWARE OR SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, OR SECURE;
(D) ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SOFTWARE OR SERVICE (INCLUDING CLEANING SERVICES) WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS;
(E) ERRORS OR DEFECTS IN THE SOFTWARE OR SERVICE WILL BE IDENTIFIED OR CORRECTED IN A TIMELY MANNER; OR
(F) THE SERVICE OR SOFTWARE, OR THE SERVERS THAT HOST IT, WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
By using the Software and Service, you acknowledge that your use is at your sole risk. PINK HELPER DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ISSUES ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE, INCLUDING BUT NOT LIMITED TO DELAYS, INTERRUPTIONS, DATA LOSS, OR SYSTEM FAILURES.
Further, Pink Helper provides a platform to connect individuals seeking cleaning services with independent service providers. THE QUALITY, RELIABILITY, SAFETY, OR TIMELINESS OF THE SERVICES PROVIDED BY THIRD-PARTY CLEANING PROVIDERS IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL PROVIDERS. Pink Helper does not verify or guarantee the qualifications, conduct, or suitability of any service provider and shall not be held liable for any harm, damage, or dissatisfaction caused by their actions or omissions. It is your responsibility to exercise caution and due diligence when engaging with any service provider through the platform.
You agree that any reliance you place on information or services obtained through the Software or Service is done at your own discretion and risk. PINK HELPER DISCLAIMS ALL LIABILITY FOR DAMAGES ARISING FROM SUCH RELIANCE, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM NEGLIGENCE OR MISUSE OF THE PLATFORM.
If you are a New Jersey resident, the above disclaimer of warranties is intended to comply with the laws of the state of New Jersey and shall be interpreted as broadly and inclusively as allowed under New Jersey law. In the event that any portion of this disclaimer is found to be invalid or unenforceable under New Jersey law, the remainder shall remain valid and enforceable to the fullest extent permitted.
By agreeing to these terms, you acknowledge that Pink Helper is not liable for any dissatisfaction, inconvenience, or damages resulting from your use of the platform, including but not limited to third-party services accessed through it. Your continued use of the platform constitutes acceptance of these limitations of liability and acknowledgment of the risks associated with using the Service and Software.
Network Delays
PINK HELPER’S PLATFORM, INCLUDING THE SOFTWARE AND SERVICE, RELIES ON THE USE OF THE INTERNET, TELECOMMUNICATION NETWORKS, AND ELECTRONIC COMMUNICATIONS SYSTEMS, ALL OF WHICH ARE INHERENTLY SUBJECT TO LIMITATIONS, INTERRUPTIONS, AND POTENTIAL FAILURES. WHILE PINK HELPER STRIVES TO PROVIDE A RELIABLE AND SEAMLESS SERVICE EXPERIENCE, WE CANNOT GUARANTEE THAT THE PLATFORM WILL ALWAYS FUNCTION WITHOUT INTERRUPTIONS, DELAYS, OR OTHER NETWORK-RELATED ISSUES.
Such disruptions may result from a variety of factors outside of Pink Helper’s control, including but not limited to:
• Internet connectivity issues, including bandwidth limitations or outages from your service provider;
• Server downtimes due to maintenance, unexpected technical failures, or cyberattacks;
• Issues within telecommunications networks, including disruptions caused by natural disasters, system overloads, or hardware malfunctions;
• Electronic communication errors, such as delays in email notifications, text messages, or other forms of communication facilitated through the platform; and
• Other unforeseen technical issues inherent in digital systems, such as software bugs, hardware failures, or third-party integration problems.
By using Pink Helper’s platform, you acknowledge and agree that such network-related delays or failures are a natural aspect of internet-based services, and Pink Helper is not liable for any inconvenience, disruption, or damages arising from these issues. This includes, but is not limited to, delays in scheduling services, interruptions in communication between users and service providers, or the inability to access your account or relevant information during these periods.
Pink Helper endeavors to mitigate these risks through regular maintenance, security upgrades, and reliance on reputable third-party infrastructure. However, no digital platform can completely eliminate the possibility of technical issues or interruptions. We recommend that users ensure stable internet connections, up-to-date software, and functioning communication devices to minimize the impact of these disruptions.
Further, in the event of prolonged or severe interruptions, Pink Helper will make reasonable efforts to notify users and restore functionality as quickly as possible. However, Pink Helper cannot guarantee specific timeframes for resolution and will not be held responsible for losses incurred due to delays in service restoration.
By agreeing to these terms, you accept that any disruptions, delays, or other network-related issues do not constitute a breach of this Agreement by Pink Helper. Your continued use of the platform during or after such events serves as your acknowledgment of these risks and acceptance of the limitations outlined herein.
If you are a resident of New York, California, Texas, Florida, Illinois, Pennsylvania, or Georgia, the language in this section (Network Delays) is intended to be as broad and inclusive as permitted by the laws of these states. If any portion of this section is found to be invalid under the applicable state laws, the remaining provisions shall remain valid and enforceable to the fullest extent permissible.
Limitation of Liability
IN NO EVENT SHALL PINK HELPER’S AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU FOR SERVICES PROVIDED THROUGH THE PLATFORM IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. UNDER NO CIRCUMSTANCES SHALL PINK HELPER, ITS AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES.
Third-Party Service Providers
PINK HELPER FACILITATES CONNECTIONS BETWEEN USERS AND INDEPENDENT SERVICE PROVIDERS BUT DOES NOT PROVIDE CLEANING SERVICES DIRECTLY. WE DO NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY SERVICE PROVIDERS, AND YOU EXPRESSLY WAIVE AND RELEASE PINK HELPER FROM ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICE PROVIDER. ANY DISPUTES BETWEEN YOU AND SUCH THIRD-PARTY PROVIDERS ARE TO BE RESOLVED SOLELY BETWEEN YOU AND THE PROVIDER.
Assumption of Risk
BY USING THE PINK HELPER PLATFORM, YOU ACKNOWLEDGE THAT CLEANING SERVICES MAY CARRY INHERENT RISKS, AND BY PARTICIPATING IN SUCH SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, THE SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE SERVICES.
Legal Disclaimer
THE INFORMATION PROVIDED ON THE PINK HELPER PLATFORM DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE LEGAL ADVICE; INSTEAD, ALL INFORMATION, CONTENT, AND MATERIALS AVAILABLE ON THIS SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. YOU SHOULD CONTACT YOUR ATTORNEY TO OBTAIN ADVICE WITH RESPECT TO ANY PARTICULAR LEGAL MATTER.
Reasonableness of Limitations
BY ACCESSING AND USING THE PINK HELPER PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THE PLATFORM OR SERVICES.
Compliance with State Laws
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES. IF YOU ARE A RESIDENT OF NEW YORK, CALIFORNIA, FLORIDA, TEXAS, ILLINOIS, OR ANY OTHER STATE WITH SPECIFIC CONSUMER PROTECTION LAWS, THE LIMITATIONS OUTLINED IN THIS SECTION WILL BE INTERPRETED TO COMPLY WITH APPLICABLE STATE LAWS. FOR NEW YORK RESIDENTS, THIS AGREEMENT IS INTENDED TO BE CONSISTENT WITH NEW YORK GENERAL BUSINESS LAW, INCLUDING SECTIONS 349 AND 350. IF ANY PART OF THIS SECTION IS DEEMED INVALID UNDER NEW YORK LAW, THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
BY USING THE PINK HELPER PLATFORM, YOU AGREE TO RELEASE THE COMPANY FROM LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE ANY QUESTIONS REGARDING YOUR LEGAL RIGHTS OR THE APPLICABILITY OF THESE LIMITATIONS, YOU ARE ENCOURAGED TO SEEK LEGAL COUNSEL.
Notice
Pink Helper may provide notice to you using any of the following methods: a general announcement through the Service, an email sent to the email address listed in your account information, or a written notice sent via first-class mail or pre-paid post to the physical address provided in your account records. Any such notice will be considered delivered after 48 hours if sent by mail or after 12 hours if sent by email. It is your responsibility to ensure that your contact information, including email and mailing addresses, is up-to-date in your account records to receive such notices.
If you wish to provide notice to Pink Helper, you may do so through one of the following methods:
1. Sending an email to support@pinkhelper.com.
2. Mailing a written notice via first-class postage or a nationally recognized overnight delivery service to the following address:
Pink Helper
[Your Business Address]
Attn: Chief Operations Officer
Such notices will be deemed received upon actual delivery and acknowledgment by the Company.
Pink Helper reserves the right to update its communication methods at any time, and any changes will be communicated through the Service or via email. For clarity, you agree that electronic communications, such as emails or notices posted on the Service, satisfy any legal requirement for communication in writing.
By using Pink Helper’s platform, you agree to regularly check for updates to your contact details and acknowledge the timelines outlined for receiving notices.
Controlling Law and Jurisdiction
This Agreement shall be governed by, and interpreted exclusively in accordance with, the laws of the State of New York, United States of America, without regard to its conflict-of-law principles. By using the Pink Helper platform, you expressly agree that any disputes, claims, or controversies arising from or related to this Agreement, the Service, or the Software shall fall under the exclusive jurisdiction of the courts located in New York County, New York.
For any legal actions requiring injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights, you agree to submit to the jurisdiction of the United States District Court for the Southern District of New York or the appropriate state court located in New York County.
Exclusive Jurisdiction in New York
By agreeing to these terms, you acknowledge and consent that New York shall serve as the sole governing jurisdiction for all legal matters related to Pink Helper. This includes, but is not limited to:
• Claims related to the interpretation or enforcement of this Agreement.
• Disputes regarding transactions, services, or interactions facilitated through the Pink Helper platform.
• Any legal remedies sought under the applicable New York state laws.
You further agree that:
1. Forum Selection: New York County, New York, will serve as the exclusive venue for any disputes or legal actions.
2. Waiver of Jurisdictional Objections: You waive any objections to the jurisdiction or venue of these courts, including claims of inconvenient forum.
3. Application of New York Law: The laws of New York State will govern all legal claims, without consideration of any conflicting legal principles from other jurisdictions.
International Users
If you access or use the Pink Helper platform outside of the United States, you are responsible for complying with the laws of your jurisdiction. However, any legal disputes related to your use of the Service shall be governed by U.S. law, with exclusive jurisdiction and venue in New York County, New York.
Severability of this Clause
If any portion of this section is found to be invalid or unenforceable under New York law, the remaining provisions will continue to have full force and effect.
By using the Pink Helper platform, you agree to adhere to these terms and conditions and consent to the exclusive jurisdiction of New York courts. This Agreement represents your waiver of any objections related to forum or venue and confirms your acknowledgment that all legal matters will be resolved under New York law.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
INFORMAL NEGOTIATIONS. To facilitate the resolution of disputes efficiently and cost-effectively, you and the Company agree to attempt to resolve any dispute, controversy, or claim related to this Agreement (“Dispute”) informally for at least thirty (30) days prior to initiating arbitration or any legal action. Such informal negotiations shall commence upon written notice from one party to the other, detailing the nature of the Dispute and the requested relief. The Company will engage in good faith efforts to resolve the issue during this period.
BINDING ARBITRATION. Should informal negotiations fail, any Dispute arising out of or related to this Agreement or the Service (with the exceptions noted below) will be resolved exclusively and finally by binding arbitration. By agreeing to these Terms, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO A COURT TRIAL, INCLUDING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. Arbitration will be conducted by a neutral arbitrator under the Federal Arbitration Act, which governs the enforceability of this arbitration agreement.
Arbitration shall be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA Rules”). These rules are available at www.adr.org. Unless otherwise required by applicable law, arbitration may be conducted in person, via document submission, over the phone, or online. The arbitrator shall issue a binding written decision, which may include a statement of reasons if requested by either party.
The Company will bear the arbitration fees for claims under $10,000, unless the arbitrator determines that the claim is frivolous or filed in bad faith. For claims exceeding $10,000, arbitration costs will be apportioned in accordance with the AAA Rules. Any dispute over the arbitration costs will be resolved by the arbitrator. Judgment upon the arbitration award may be entered in any court with jurisdiction.
EXCEPTIONS TO BINDING ARBITRATION. This arbitration clause does not apply to:
1. Small claims brought individually in small claims court.
2. Injunctive or equitable relief claims for the infringement, misappropriation, or violation of intellectual property or proprietary rights, which must be brought in the courts outlined in the “Governing Law and Jurisdiction” section of this Agreement.
WAIVER OF CLASS ACTION AND REPRESENTATIVE PROCEEDINGS. You and the Company agree that any Dispute will be resolved individually and not as part of a class action or representative proceeding. YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR REPRESENTATIVE ACTION. Furthermore, the arbitrator shall not consolidate claims or preside over any representative action without the express consent of all parties. If this waiver is deemed unenforceable, the entirety of this arbitration agreement shall be null and void.
ARBITRATION LOCATION. Unless both parties agree otherwise, arbitration proceedings shall occur in New York County, New York. For Disputes not subject to arbitration, jurisdiction shall be exclusively in the state and federal courts of New York County, New York.
CONFIDENTIALITY. All arbitration proceedings, including rulings, awards, and decisions, are confidential and may not be disclosed by any party except as required by law or necessary to enforce or challenge the arbitration decision.
SEVERABILITY. If any part of this arbitration clause is found to be invalid or unenforceable, the remaining provisions shall remain in effect. However, if the waiver of class action rights is found invalid, this entire arbitration provision shall be null and void, except as required to preserve claims for public injunctive relief.
FUTURE CHANGES TO THIS ARBITRATION AGREEMENT. The Company reserves the right to amend this arbitration agreement, but any changes will not apply to Disputes already submitted to arbitration. If you object to any future changes, you must notify the Company in writing within thirty (30) days of the update to reject the revised terms.
By agreeing to these Terms and using the Service, you affirm your understanding of and agreement to this Dispute Resolution by Binding Arbitration clause, and you acknowledge that it governs all Disputes between you and the Company. This arbitration clause is intended to comply fully with applicable federal and state arbitration laws and shall be construed accordingly.
Governing Law
You and the Company agree that, aside from the provisions outlined in the section titled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding”, if any portion of the “Dispute Resolution” section is determined to be illegal or unenforceable, that portion shall be severed from this Agreement, and the remainder of the section shall continue to have full force and effect. However, if the subsection titled “Exceptions to Binding Arbitration” is found to be illegal or unenforceable, neither you nor the Company will be obligated to arbitrate any Dispute falling under that subsection. Such Disputes shall instead be resolved by a court of competent jurisdiction within New York County, New York, and you and the Company expressly consent to the personal jurisdiction of that court.
Unless explicitly stated otherwise, this Agreement is governed by, and will be construed in accordance with, the laws of the State of New York, without regard to its conflict-of-law principles. By agreeing to these terms, you acknowledge that the laws of New York shall exclusively govern the interpretation, enforcement, and resolution of any disputes arising under this Agreement, except where preempted by applicable federal law.
In the event of any dispute or claim that cannot be resolved through arbitration or informal negotiations, you agree to submit to the jurisdiction of the state and federal courts located in New York County, New York, as the exclusive forum for resolving such disputes. You waive any objection to such jurisdiction or venue, including objections based on inconvenience.
This Governing Law clause ensures clarity and consistency in the resolution of disputes, aligning with the Company’s commitment to transparency and compliance with applicable laws. By using the Service, you agree to these terms as part of your binding Agreement with the Company.
General
This Agreement establishes the terms governing your relationship with the Company and does not create any joint venture, partnership, employment, or agency relationship between you, the Company, or any third-party service provider. Any interaction or collaboration between you and the Company remains strictly as an independent contractual relationship, with no implied or explicit authority to act on behalf of one another.
If any provision of this Agreement is deemed invalid, illegal, or unenforceable under applicable law, such provision shall be removed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. This ensures that the intent and functionality of the Agreement remain intact, even if a specific clause is nullified.
Failure by the Company to enforce any term, condition, or provision of this Agreement at any time shall not constitute a waiver of that provision or any other rights. Such rights and provisions may still be enforced at a later time, and any waiver or modification must be explicitly agreed upon in writing by the Company.
This Agreement constitutes the entire understanding between you and the Company, superseding all prior or contemporaneous communications, representations, or agreements—whether oral, written, or implied—relating to the subject matter herein. Any amendments to this Agreement will be communicated to you in accordance with the terms outlined herein, and your continued use of the Service or Software will indicate your acceptance of such amendments.
This provision underscores the importance of adhering to the established terms and ensures clarity and consistency in the relationship between you and the Company.
Other Parties
As a corporate entity, the Company maintains a vested interest in protecting its officers, employees, and representatives from personal liability. By entering into this Agreement, you acknowledge and agree that you will not bring any claims, lawsuits, or legal actions personally against the Company’s officers, employees, agents, or representatives for any losses, damages, or issues arising from your use of the Service or Software.
This Agreement explicitly establishes that the limitations of warranties and liabilities outlined herein extend to safeguard not only the Company but also its officers, employees, subsidiaries, successors, assigns, agents, and subcontractors. This protection ensures that the Company’s representatives are shielded from personal legal exposure for actions taken within the scope of their roles on behalf of the Company.
Furthermore, this provision does not prejudice your rights to seek resolution or remedies directly from the Company itself in accordance with the terms of this Agreement. However, it underscores that such claims must be addressed through the Company as a corporate entity, not its individual representatives. This structure ensures the continuity of the Company’s operations and the protection of its personnel while maintaining your ability to resolve legitimate grievances through appropriate channels.
Breaches of These Terms and Conditions
Without limiting any other rights or remedies available to the Company under this Agreement, applicable law, or equity, any breach of these terms and conditions by you may prompt the Company to take appropriate and immediate action to address and mitigate the violation. Such actions may include, but are not limited to:
• Suspending or Terminating Access: Temporarily or permanently suspending your access to the Service or Software, or completely prohibiting your use of the platform.
• Blocking Access: Blocking devices or accounts associated with your IP address from accessing the Service or Software.
• Notifying Service Providers: Alerting your internet service provider (ISP) to request restrictions on your access to the Service or Software.
• Legal Recourse: Initiating legal action against you, including but not limited to, pursuing damages, injunctions, or other court-ordered remedies.
These actions are taken at the sole discretion of the Company and aim to preserve the integrity, security, and lawful use of the Service and Software for all users. You acknowledge and agree that the Company shall not be liable to you or any third party for any consequences arising from the enforcement of this provision, including loss of access or any related inconvenience.
If you wish to contest any action taken by the Company in response to a breach, you may contact the Company through the appropriate dispute resolution process as outlined in this Agreement. However, the Company reserves the right to uphold its decisions and continue enforcement if the breach is deemed harmful, deliberate, or in violation of applicable laws.