Thesmiles Terms of Service

1. Introduction

Welcome to Thesmiles, where connecting Users with Smilers to fulfill short-term service needs is our mission. These Terms of Service (the "Terms") serve as the legal framework governing your access to and use of the Thesmiles platform ("Platform"). By engaging with the Platform, you agree to abide by these Terms in their entirety. Should you disagree with any provision herein, please refrain from accessing or using the Platform.

2. Definitions

To ensure clarity throughout these Terms, the following definitions apply:

• "Thesmiles": Refers to the online web- and app-based marketplace operated by Thesmiles Inc., facilitating connections between Users and Smilers.
• "User(s)": Individuals or businesses seeking short-term services through the Platform.
• "Smiler(s)": Businesses offering services to Users through the Platform.
• "Service Agreement": The legally binding contract formed between a User and a Smiler for the performance of a Task.
• "Chat Hub": The communication platform within the Thesmiles app enabling Users and Smilers to discuss and finalize Task details.

3. Use of the Platform

By accessing or using the Platform, you agree to:

• Fully comply with the terms outlined in the Agreement, including these Terms and any supplemental policies referenced.
• Utilize the Platform only in countries where Thesmiles operates and offers its services.
• Respect the privacy, property, and data protection rights of fellow Users.
• Conduct yourself professionally and responsibly in all interactions with other Users.
• Solely employ the designated payment service provider ("PSP") for all financial transactions on the Platform.
• Adhere to all applicable local, national, and international laws and regulations while using Thesmiles.

4. Smiler Onboarding

(a) Background Checks: Thesmiles may require Smilers to undergo identity verification and criminal background checks before gaining registration on the Platform.

(b) Professional Licensing: It is the responsibility of Smilers to ensure they possess the necessary licenses, permits, and registrations required to perform their services lawfully.

5. Service Agreement

Upon selecting a Smiler to perform a Task, Users and Smilers form a legally binding Service Agreement via the Chat Hub. Thesmiles is not a direct party to this agreement, and Users and Smilers are expected to adhere to its terms and conditions.

6. Fees, Billing, Invoicing, and Payment; Cancellation

Please refer to the detailed Fees, Payments, and Cancellation Supplemental Terms for comprehensive information on fee structures, invoicing procedures, accepted payment methods, and cancellation policies.

7. Contests and Promotional Codes

Thesmiles occasionally provides promotional codes, opportunities, and contests to Users at its discretion. These promotional activities are subject to specific terms and conditions as outlined by Thesmiles.

8. Deactivation and Suspension

In the event of a breach of the Agreement or other reasonable business concerns, Thesmiles reserves the right to suspend or deactivate User accounts. Users have the right to appeal such decisions, which will be reviewed by Thesmiles.

9. Termination

Users may terminate their agreement with Thesmiles at any time by discontinuing the use of the Platform. Thesmiles retains the right to terminate the Agreement in cases of breaches or violations of applicable laws.

10. Intellectual Property Rights

All intellectual property rights pertaining to materials provided by Thesmiles are the exclusive property of Thesmiles. Users are prohibited from using or reproducing these materials without prior authorization.

11. Copyright Complaints and Copyright Agent

Users can report instances of copyright infringement by contacting Thesmiles's Copyright Agent and providing specified information as outlined in this section.

12. Limitation of Liability

Thesmiles disclaims liability for any damages arising from the use of the Platform, subject to applicable law. By using the Platform, Users agree to release Thesmiles from any claims or liabilities arising from their use of the Platform.

13. Dispute Resolution

Users are encouraged to resolve disputes with Thesmiles informally before pursuing legal action. Should formal dispute resolution become necessary, mediation, arbitration, or court proceedings may be pursued in accordance with applicable laws and regulations.

14. App Store-Sourced Apps

Users accessing or downloading Apps from third-party app stores agree to comply with the respective terms and conditions of those stores, including those of the Apple App Store and Google Play Store.

15. Changes to the Agreement, the Platform, and the App

Thesmiles reserves the right to modify the Agreement, the Platform, and Apps with prior notice to Users. Users are encouraged to review any updates or changes to the Terms and conditions.

16. Acknowledgment and Consent

By utilizing the Platform, Users acknowledge and agree to be bound by the terms and conditions set forth in the Agreement, including these Terms of Service.

For inquiries or concerns regarding these Terms, please reach out to us at:

Tel.: 6475619369 Email: thesmiles@thesmiles.io