TERMS AND CONDITIONS

Last updated on the 27th day of March, 2024

Welcome to Instahelps™, a platform provided by Catalyst Labs OÜ. Before accessing or using our website, please carefully read the following Terms and Conditions ("Terms") governing your use of our services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website.

Background

Catalyst Labs OÜ ("Instahelps"), a company incorporated under the laws of Estonia, with its principal place of business at Tallinn, Estonia.

Providers, being individuals and companies who have registered to use the Instahelps platform and provide services to customers.

Definitions

Catalyst Labs OÜ ("Instahelps") operates an online web and mobile platform that enables customers to post job requests and connect with providers for tasks such as repairs, installations, and general labor ("Platform"). Providers wish to access and use the Platform to obtain job requests from customers and provide services to such customers.

This Agreement sets out the terms and conditions under which Providers may access and use the Platform.

The relationship between Instahelps and each Provider is non-exclusive and on an independent contractor basis. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between Instahelps and any Provider.

This Agreement and the relationship between the parties shall be governed by the laws of Canada.

Scope of Work

"Agreement" means this agreement between Instahelps and each "Provider governing access to and use of the Platform.

"Platform" means Instahelps' online web and mobile platform that enables Customers to post Job Requests and connect with Providers, as described in the Background.

"Services" means any tasks or work performed by a "Provider for a Customer pursuant to a Job Request obtained via the Platform.

""Provider" means an individual or company who has registered with Instahelps to use the Platform to provide Services to Customers.

"Customer" means a user of the Platform who posts a Job Request.

"Job Request" means a request for Services posted by a Customer on the Platform.

"Confidential Information" means any information disclosed by one party to the other party which is marked as confidential or should reasonably be understood to be confidential.

"Intellectual Property" means copyrights, trademarks, patents, designs, and other proprietary assets, whether registered or unregistered.

"Fees" means any amounts required to be paid by a "Provider to Instahelps for the use of, or access to, the Platform.

Terms of Use

Permitted Use of Platform

• Providers may use the Platform only to obtain job requests from customers and provide services in accordance with this Agreement.

• Providers must maintain a valid registration and profile on the Platform to access and use the Platform.

Prohibited Use of Platform

• Providers shall not use the Platform for any purpose other than obtaining job requests and providing services in accordance with this Agreement.

• Providers shall not engage in any fraudulent, abusive, or illegal activities while accessing the Platform. This includes phishing, spamming, spreading computer viruses or other malicious code.

• Providers shall not disclose their login credentials (username and password) to any third party.

• Providers shall not scrape or copy content from the Platform for any commercial purposes.

User Obligations

• Providers shall comply with all applicable laws and regulations in relation to their use of the Platform and provision of services, including privacy laws such as the Personal Information Protection and Electronic Documents Act.

• Providers shall maintain required qualifications, licenses, and insurance necessary to lawfully provide services to customers.

• Providers shall not discriminate against any customer on any grounds protected by law such as race, religion, gender, or disability.

• Providers shall maintain customer confidentiality and privacy and shall not disclose customer personal information except as required by law.

Privacy and Data Protection

Collection of Personal Information. Instahelps shall collect the following personal information from Providers and Customers: name, contact details (including address, phone number and email address), location, and other information voluntarily provided through their user profiles, job requests or other communications through the Platform. Such personal information will be collected and used for the purposes of facilitating the provision and receipt of Services through the Platform. By using the Platform, Providers and Customers consent to the collection, use and disclosure of their personal information as set out in this Agreement.

Use and Disclosure of Personal Information. Instahelps may use personal information collected through the Platform to facilitate job requests, payments to Providers, communications between Providers and Customers, and to enforce the terms of this Agreement. Instahelps shall not use or disclose personal information for any other purpose without the consent of the individual. Instahelps may disclose personal information to third party services providers (such as payment processors) as necessary to fulfill the purposes set out in this Agreement. Instahelps may also disclose personal information if required by law or to investigate suspected fraudulent or illegal activity.

Security of Personal Information. Instahelps shall implement reasonable security safeguards, consistent with industry standards, to protect personal information from unauthorized access, collection, use, disclosure, copying, modification or disposal. Such safeguards shall include encryption of financial information, access restrictions and regular security audits.

Access, Correction and Complaints. Upon request, Instahelps shall provide individuals with access to their personal information held by Instahelps and the ability to correct any inaccuracies in such information. Instahelps shall also establish a procedure for individuals to lodge complaints about Instahelps' handling of personal information and shall address any such complaints within 30 days.

Retention and Destruction of Personal Information. Instahelps shall retain personal information only for as long as necessary to fulfill the purposes for which it was collected or as otherwise required by law. Instahelps shall securely destroy personal information in its possession or control thereafter using industry standard practices.

Intellectual Property

Ownership of Platform IP. Instahelps owns all rights, title and interest in and to the Platform and all related materials, including all intellectual property rights in the Platform. This includes copyrights, trademarks, patents, designs, and other proprietary rights.

License to Platform. Instahelps grants Providers a limited, non-exclusive, non-transferable license to access and use the Platform solely for the purpose of obtaining job requests from Customers and providing Services. Instahelps reserves the right to modify or discontinue any aspect of the Platform from time to time.

Ownership of Job Content. All content uploaded by Customers or generated through the provision of Services, including all photos, descriptions, reviews and ratings, is owned exclusively by Instahelps. Providers are granted a limited license to use such content solely for the purpose of providing the relevant Services.

Branding and Marketing Restrictions. Providers shall not use Instahelps' trademarks, logos or other brand features for any purpose without Instahelps' prior written consent. Any marketing or advertising by Providers shall not imply an endorsement by Instahelps.

Intellectual Property Indemnity. Providers shall indemnify, defend and hold Instahelps harmless from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys' fees and court costs) arising out of or related to (i) any breach or alleged breach of Sections 4.1 to 4.4; or (ii) any third party claim that the Services infringe or misappropriate any intellectual property or other rights of such third party.

Payment

Pricing Models. Instahelps shall charge Providers a fee of fifteen percent (15%) of the total cost of each job obtained through the Platform ("Service Fee"). Instahelps may also charge additional transaction or payment processing fees to customers and/or Providers.

Payment Processing. Payments from customers to Providers for jobs obtained through the Platform shall be made by credit card, debit card or PayPal only. All such payments shall first be made to Instahelps who will then distribute payment to Providers in accordance with this Agreement.

Payment Timelines. Subject to any amounts owing under this Agreement or in the event of a bona fide dispute, Instahelps shall pay Providers the amount received from the customer, less the Service Fee and any transaction fees, within thirty (14) days of the completion date of the relevant job.

Payment Disputes. In the event a customer or "Provider disputes a payment, written notice of such dispute must be provided to Instahelps within five (5) calendar days of the payment date. Instahelps shall determine the appropriate resolution of any payment dispute in good faith. Instahelps may withhold payment of any disputed amounts pending resolution of the dispute.

Taxes. Providers shall be solely responsible for payment of any applicable taxes relating to payments received for jobs obtained through the Platform, including income taxes, sales taxes or other taxes or levies imposed under applicable law.

Term and Termination

Term. This Agreement shall commence on the date the "Provider agrees to these terms and continue indefinitely, unless terminated in accordance with this Section 6.

Termination by Instahelps. Instahelps may terminate this Agreement at any time if the "Provider breaches any terms of this Agreement. Instahelps may also terminate this Agreement for convenience by giving 30 days' written notice to the "Provider.

Termination by "Provider. The "Provider may terminate this Agreement at any time by giving 30 days' written notice to Instahelps.

Effect of Termination. Upon termination of this Agreement:

The "Provider's access to the Platform will be disabled;

The parties shall promptly return or destroy all Confidential Information of the other party; and

The terms relating to intellectual property ownership, warranty, liability and those surviving termination shall continue in full force and effect.

Warranties and Disclaimers

Warranties by Providers

Each "Provider represents and warrants that it has the necessary skills and qualifications to perform the Services.

Each "Provider warrants that it will perform the Services in a competent and workmanlike manner and in accordance with any agreed specifications and relevant laws.

Each "Provider warrants that it will comply with all laws applicable to the provision of the Services.

Warranties by Instahelps

Instahelps represents and warrants that it has the right to make the Platform available and to grant access and use rights to Providers as set out in this Agreement.

Instahelps will use commercially reasonable efforts to ensure the Platform is available at least 99% of the time, excluding scheduled maintenance.

Disclaimer of Warranties

Except as expressly set out in this Agreement, the Platform and Services are provided on an “as is” basis and Instahelps disclaims all warranties, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement or quiet enjoyment.

Instahelps does not warrant that the functions contained in the Platform or Services will meet any requirements or needs or that the operation of the Platform or Services will be uninterrupted or error-free.

Limitation of Liability

• Neither party shall be liable to the other for any indirect, incidental, special, punitive or consequential losses or damages.

• Instahelps' total aggregate liability arising out of or relating to this agreement, regardless of the cause of action, will not exceed the total Fees paid by the "Provider to Instahelps in the 6 months preceding the claim.

• Each "Provider shall indemnify and hold harmless Instahelps from and against any and all third party claims arising from the provision of Services by the "Provider.

Relationship of Parties

Relationship of parties. The relationship between Instahelps and each "Provider is that of an independent contractor.

Control. Providers shall be free from control or direction over the performance of Services. Providers have sole control over the manner and means of performing the Services.

Non-exclusivity. The relationship between the parties is non-exclusive. Providers are free to perform services for other platforms or customers. Instahelps may engage other Providers as it determines.

Equipment and expenses. Providers shall be solely responsible for providing any equipment, tools, facilities and assistants required to perform the Services. Providers shall be responsible for all expenses incurred in performing the Services.

Taxes. Providers shall be solely responsible for payment of all taxes, deductions, and any other payments required by applicable laws to be made on their behalf or collected from them with respect to the Fees paid under this Agreement. Instahelps will not withhold taxes and will report payments on tax information forms as required by law.

No employee benefits. Providers shall not be eligible for any of the employee benefits that Instahelps may provide to its employees, such as insurance benefits, paid time off or pension contributions.

Dispute Resolution

Mediation. The parties shall first attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the "Provider and a representative of Instahelps who has authority to settle the controversy. If the matter has not been resolved within sixty (60) days of the initiating party's notice, or if the parties fail to meet within thirty (30) days, either party may initiate mediation of the controversy in accordance with the World Intellectual Property Organization (WIPO) Mediation Rules. The place of mediation shall be Saskatchewan, Canada.

Arbitration. If the dispute has not been settled pursuant to the mediation procedure described in Clause 9.1 herein within thirty (30) days of the commencement of the mediation, the dispute shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc.

• The number of arbitrators shall be one (1).

• The place of arbitration shall be Saskatchewan, Canada.

• The language to be used in the arbitration proceedings shall be English.

• The costs of the arbitration shall be borne equally by the parties unless the arbitration award provides otherwise.

• The arbitration award shall be final and binding on both parties.

Governing Law. The arbitration agreement in Clause 9.2 above and the arbitration proceedings shall be governed by the laws of Canada.

Small Claims. Notwithstanding the foregoing, either party may bring an action in small claims court for disputes or claims within the designated jurisdiction of the small claims court.

Confidentiality. All negotiations, mediation and arbitration relating to a dispute shall be confidential and without prejudice. 

Errors And Omissions Disclaimer

While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, Instahelps is not responsible for any errors or omissions or for the results obtained from the use of this information. All information in this site is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

In no event will Instahelps, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Logos And Trademarks Disclaimer

All logos and trademarks of third parties referenced on © Instahelps are the trademarks and logos of their respective owners. Any inclusion of such trademarks or logos does not imply or constitute any approval, endorsement or sponsorship of Instahelps by such owners.

Contact Us

Should you have any feedback, comments, requests for technical support or other inquiries, please contact us by email: info@instahelps.com and telephone number +13068079974.