Last updated: September 2022
Welcome to EazyDone Inc. (“Company”, “we”, “our”, “us”), also doing business as “Done, ” and headquartered at 294 Woodcliff Rd. Newton MA 02461.
The terms “you,” or “your,” refer to the person or legal entity accessing or using the Service.
Please take the time to carefully review and consider the following terms. It is important that you do so as they affect your rights and obligations.
If you do not agree with (or cannot comply with) the Agreement, then you may not use the Service. If this is the case, please let us know your reservations by emailing us at Done@eazydone.com so that we can try to address those in real-time. These Terms apply to all visitors, users and others who wish to access or use the Service.
The Service is currently controlled and operated from facilities in the United States and Israel. Company makes no representations that the Service is appropriate or available for use in jurisdictions other than the jurisdictions where the Company has made the Service available. You may only use the Service if the Company has made the Service available in your country/city; any other use is prohibited.
The Platform is essentially a web-based system for connecting local recommended service providers (“Do’er,” as defined below) with Service Bookers (defined below) seeking applicable services (hereinafter the “Platform”). The Platform is a one-stop solution for obtaining a recommended helper in your own community fast and easy. The Platform serves as a marketplace enabling Users (defined below) to find and transact directly with each other regarding different services. The Platform neither selects any Do’er for a Service Booker nor selects a Service Booker for a Do’er. Through the Platform, any User may be exposed to services provided by Do’ers and other Users seeking for such services (Service Bookers). At all times, however, Users are responsible for evaluating and determining the suitability of any services on their own. If Users decide to enter into an engagement, any such engagement is directly between the Users and we are not a party to that agreement.
TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR PLATFORM, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE, UNDERSTAND AND ACCEPT THESE TERMS. IF YOU ARE UNDER THE LEGAL AGE, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS.
“Do’er” means local individual offering his/her services on the Platform. For being a Do’er, we may perform background checks before authorizing you to be presented on the Platform. In addition, a Do’er must open an account in the Platform.
“User” means any individual using the Services. Such User may have an account on the Platform or will be browsing and using our Services without an account. The purpose of using the Services may vary due to the roll of the applicable User: a Service Booker (as defined below), a Do’er or a Recommender.
“User Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to us by or on your behalf in relation to the use of the Services.
“Fair Use Policy” means the limits placed on usage as described in Sections 3.2 and 3.3 below.
“Third-Party Services” means products, services, applications, or websites made available by third parties through the Services (i.e., companies or people who are not the Company).
“Recommender” means an individual recommending a Do’er’s services. A Recommender may be a Do’er or a Service Booker as well, if such individual uses the Services in such position.
“Service” – the functionalities provided while and by using the Platform and the Website, regardless of the devices it’s been used on, by a User. Such Service may include (but are not limited to) listing of Do’ers’ services and Service Bookers, offers of Do’ers’ services, posting requests for services, creating connections between Do’ers and Service Bookers, all as set forth herein.
“Service Booker” means an individual seeking for Do’er’s services through the use of the Platform.
“Authorized users” means, individuals or entities permitted by a User to use the Service or any part thereof on behalf of the User and at User’s risk and responsibility.
2.1 Using the Services – During the Term, subject to the terms and conditions of these Terms, and solely for your personal purposes, we grant you, the User, and your authorized users, a limited, fully revokable, non-exclusive, non-sublicensable, right to access and use the Services in accordance with these Terms.
2.2 Platform Functionalities:
2.2.1 User Account. Unless you’re a Do’er, a User does not have to open an account in the Platform in order to use its Services. However, the Platform may offer you to create an account in the Platform (“Account”).
2.2.2 In using the Platform and the Service, you agree to (a) provide true, accurate, current and complete information (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree not to provide any false or misleading information about your identity or location, business, or availability and to correct any such information that is or becomes false or misleading. You acknowledge and agree that Registration Data may be shared with other Users in connection with the Services, and you hereby grant us a non-exclusive, worldwide, royalty free license to use, display, perform, transmit, and otherwise use your Registration Data in connection with the Service. You are responsible for all activities that occur under your Account and may not share Account or password information with anyone. You agree to notify us immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You may not have more than one Account at any given time. You may not create an Account or use the Service if you have been previously removed by us or previously banned from the Service. We reserve the right to decline a registration to join the Platform or to add an Account type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
2.2.4 Validating Existence. If the need arises, we may validate the existence of a User once a User registers for an Account on the Website. We may also ask for recommendations from other community members before posting your Account and details on the Website. However, we do not make any representations about or guarantee the truth or accuracy of any Do’ers or Service Bookers’ listings or other User Content on the Website; do not verify any feedback or information provided by Users about Do’ers or Service Bookers or Recommenders; and do not perform any background checks on or guarantee the work (or its quality) of Do’er or Service Booker. You acknowledge, agree, and understand that we do not, in any way, supervise, direct, control, or evaluate Do’ers or their work and are not responsible for any of their services, service terms, work ethics, attitude or work product. We make no representations about and do not guarantee, and you agree not to hold us responsible for, the quality, safety, or legality of Do’er’s services; the qualifications, licensing, background, or identities of Users; the ability of Do’ers to deliver their services; the ability of Service Booker to pay for Do’ers’ services; User Content and statements or posts made by Users; or the ability or willingness of a Do’er or Service Booker to actually complete any agreement.
2.2.5 Recommenders’ Contact Information. When providing us contact information regarding your recommendations, you hereby agree and confirm that such recommenders exist, they agree to provide their information to our Platform for the purpose of performing your identity checks, and the information you provided us regarding them is true and accurate. Please note, contact information (as phone number, names, address, emails etc) is considered as personal information, and providing such information without the consent of the applicable person is a violation of privacy laws. Therefore, you will be liable for such violation if recommenders’ consent was not given to you prior to providing it to us, and we shall not be liable if it received such information from you due to your violation of the law.
2.2.6 Once a User establishes an account in the Platform, User will be able to use the following features of the Platform:
184.108.40.206 Offer his/her services;
220.127.116.11 Request to book a Do’er’s services as listed on the Platform. For avoidance of doubt, a Do’er may refuse to provide his/her services to a Service Booker according to her/his own discretion;
18.104.22.168 Once a Service Booker has requested to book a Do’er’s service (the “Booking”), the platform would then connect the Service Booker and the Do’er and allow them to liaise directly to finalize the Booking, including times, locations, pricing, payment and any other details relevant for completing the Booking.
2.3 Updates and Functionalities:
You acknowledge that, from time to time, we may apply updates to the Service and that such updates may result in changes in the appearance and/or functionality of the Service (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of new products or features, we shall provide, implement, configure, install, support, and maintain at our own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Services (collectively, the “Updates”).
2.4 Service Limitation:
We will not have any liability or obligations under or related to the Booking and/or User performance of the Services under the applicable Booking, for any acts or omissions by you or any other User. We do not, in any way, supervise, direct, or control a User or any User’s services; do not impose quality standards or a deadline for completion of any undertakings of parties to a Booking; and do not dictate the performance, methods or process used to execute a Booking. We do not set or have any control over schedules or any amount of any pricing that Do’er may ask with respect to his/her services.
3.User’s Representation and Undertakings
3.1 Evaluating and Verifying a Booking.
You, and not us, are responsible for evaluating and determining the suitability of: (i) if you are a Service Booker – any Do’er and her/his services to your needs on your own; (ii) if You are a Do’er – your will and availability to provide your services to the applicable Service Booker. If You decide to use a Do’er services such Booking is directly between the parties of such Booking (Service Booker and a Do’er) and we are not a party to the relationship between the parties or the performance of the undertaking of the parties to the Booking.
3.2 Limitations on Use.
You undertake to use the Service solely for Your personal purposes and subject to the terms of the Agreement. You shall (i) be responsible for your and your authorized users’ compliance with these Terms, including the Fair Use Policy; (ii) be solely responsible for the accuracy, quality, integrity, and legality of User Content and of the means by which you acquired or generated User Content; (iii) use reasonable efforts to prevent unauthorized access to or use of the Service, including keeping your password and username confidential and not permitting any third party to access or use your user name, password, or account for the services; (iv) be solely responsible and liable for all activity conducted through your Account in connection with the Service; (v) promptly notify us if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any authorized user’s) username, password, or account; (vi) use the Service only in accordance with applicable laws and government regulations; (vii) comply in all respects with all applicable terms of the Third-Party Services that you subscribe to or otherwise access in connection with your use of the Services; (viii) be responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Service. You must not (a) make the services available to anyone other than to your authorized users; (b) use the Service to store or transmit any content, that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law; (e) upload to, or transmit from, the Service any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (f) attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Service, any third-party use of the Service, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (g) access the Service in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Service; (h) attempt to gain unauthorized access to the Service or its related platforms or networks; or (i) authorize, permit, or encourage any third party to do any of the above.
If you provide any service or recommendation through the Platform you further represent and warrant as follows: (i) you do not need and/or have obtained any and/or all necessary licenses, permits, approvals and consents of every person and/or entity for providing such services or recommendations, (ii) you have the ability, experience and proficiency to provide the services or the recommendation, (iii) the execution, delivery and performance of the services by you does not and will not constitute a default under, a conflict of interest with, or breach of any duty, obligation or undertaking to which you are a party or are otherwise bound.
3.3 Fair Use Policy.
We may suspend your access to the Service for abusive practices that degrade the performance of the Service for you and/or other Users and/or authorized users.
3.4 Third-Party Products and Services.
You acknowledge that the Service may enable or assist you to access, interact with, and/or purchase Third-Party Services and other third parties. When you access the Third-Party Services, you will do so at your own risk. These Third-Party Services may also allow you to store your User Content with the provider or operator of the Third-Party Services. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services (and you shall comply with all such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not us. We make no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by you with any such third party.
3.5 Relationship with Us.
The Platform merely makes the Service available to enable Service Bookers and Do’ers to find and transact directly with each other. Through the Platform, you may be notified of the services a Do’er may provide, and a Service Booker may be notified of your services. Though we are not part of the relationship between the Users, we will appreciate to (and may contact you to) receive your feedback with respect to the Booking, the process of booking, the Service and/or recommendations regarding the Platform, Do’er’s services, Service Bookers and any Booking made through the Platform, for the purpose of improving the Platform, Website and Service.
- Interaction with Others.
You are solely responsible for your interactions with other Users and any other parties with whom You interact with; provided, however, that we reserve the right, but have no obligation, to intervene in such disputes. You agree that we will not be responsible for any liability incurred as the result of such interactions.
- Intellectual Property
6.1 Ownership of Proprietary Rights.
The Service, including without limitation any underlying data, software, platforms, algorithms, technology, application and website design, any information, services, texts, feedback, files, sound, music, videos, various applications, social graphs, organization, structure, specifications, features and any modifications, enhancements and derivatives thereof and all Intellectual Property Rights related thereto (“Platform’s IPR”) are our property and/or the property of any company which we may incorporate for owning and managing the Platform, which shall retain all right, title and interest in connection therewith. No transfer or grant of any rights by us is made or is to be implied by any provision of these Terms or by any other provision contained in the Service with respect to the Platform’s IPR or otherwise, except for the limited license set forth in Section 2 above. “Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
You may from time to time provide suggestions, comments or other feedback to us with respect to the Services (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for us notwithstanding anything else. You shall, and hereby do, grant to us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
6.3 User Content.
You grant us a limited, worldwide, non-exclusive, non-transferable license, without a right of sublicense, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the User Content for the purpose of supporting your use of the Service and providing services to you. We may also use User Content for the purpose of supporting and developing the Service, provided that when doing so, we shall only use User Content in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, you and your authorized users shall retain all right, title and interest in and to the User Content and all intellectual property rights therein. Nothing in this Agreement will confer on us any right of ownership or interest in the User Content or the intellectual property rights there.
6.4 Responsibility for User Content.
- Consideration and Payment.
Currently the use of the Platform and the Service is free of charge. We reserve the right to change this section and to ask for service fees for the use of the Platform and the Services in any time in the future, according to our own discretion. Any requirement to pay fees shall not be applied retroactively, only prospectively.
- Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON INFRINGEMENT, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. IN ADDITION, WE DO NOT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THE PLATFORM OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICE, INCLUDING OFFERS, THE USER CONTENT, RECOMMENDATIONS AND MENTIONS, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. WE DO NOT CONTROL OR VET USER CONTENT AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICE. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES. WE EXPRESSLY DENY ANY RESPONSIBILITY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
- Limitation of Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL WE AND YOU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS, ON ANY THEORY OF LIABILITY THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
We expressly disclaim any liability that may arise between Users. Because we are not a party to the actual contracts between or among Users, in the event that you have a dispute with one or more Users, you release the Company, its employees, investors, agents, partners and licensors, but excluding any Users (collectively, the “Indemnified Parties”) from any and all claims, demands, or damages (actual or consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Your Indemnification: You agree to defend, indemnify and hold each of the Indemnified Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) User Content; (b) your use of the Service and/or the Platform; (c) any Booking between Users; (d) payment or nonpayment of amounts incurred in connection with the Service; (e) your violation of these Terms or of any rights of another party, including any other Users; or (e) your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. For purposes of this Section 12, you include any person who has apparent authority to access or use your Account.
- Term and Termination
13.1 Term of the Agreement (“Term”).
The term shall commence on the day you first use the Platform and shall continue until your Account is canceled and/or you cease using our Service.
If you breach the provisions of these Terms, abuse the Service, or otherwise create risk or possible legal exposure to us of the Platform, we can terminate or suspend your access to the Service at our sole discretion. We will use commercially reasonable efforts to notify you by email or at the next time you attempt to access your Account.
13.3 Effects of Termination.
Termination of these Terms does not terminate or otherwise impact any Booking agreement or offer entered into between you and another User(s). Without derogating the above, upon termination of these Terms for any reason, (i) you will immediately cease all use of the Service; and (ii) you will have no further access to your accounts provided by us.
If we decide to temporarily or permanently close your Account, we have the right where allowed by law but not the obligation to: (a) notify other Users that have entered into Booking agreement with you to inform them of your closed account status, and (b) provide those Users with a summary of the reasons for your Account closure. You agree that we will have no liability arising from or relating to any notice that it may provide to any User regarding closed account status or the reason(s) for the closure.
Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.
14.1 (i) Nothing in these Terms will prevent us from transferring all the Platform’s IPR and our rights and obligations under these Terms to a company or other corporation (wherever it will be incorporated) in our control; (ii) these Terms shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of New York, New York. The parties irrevocably waive their right for trial by jury. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (iii) If any provision of these Terms is held by a court to be unenforceable under applicable law, then such provision shall be excluded from this Terms and the remainder of this Terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; (iv) the failure of a party to enforce in any one or more instances any of the terms and conditions of this Terms shall not be construed as a waiver of future performance of any such term or condition; (v) the failure of a Party to enforce any one or more instances of the terms and conditions of these Terms shall not be construed as a waiver of future performance of any such term or condition.
Depending on who cancels and how much notice was provided, you could receive a refund, if applicable. If you need to cancel your Booking, be sure to cancel the appointment as soon as you can. If you cancel at least twenty four (24) hours before your appointment is scheduled to start, you shall receive a full refund. If you cancel within twenty four (24) hours of your appointment’s scheduled start time, you’ll be charged a nonrefundable cancellation fee of fifteen dollars ($15), but you’ll be refunded the rest of your payment. If the Do’er (Service provider) cancels at least twenty four (24) hours before the scheduled appointments, we will do our best to find you someone else. If we can’t find another suitable Do’er that is available, we’ll cancel the Booking and refund the full amount back to your card. If the Do’er doesn’t show up you will get a full refund and we investigate to make sure this does not happen again.