terms and conditions - Odlay Services

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Terms & conditions

END USER LICENSE AGREEMENT

Last updated November 15, 2022

Odlay Services is licensed to You (End-User) by Aricrypta Oy, located and registered at Kala-Matti 3 C65, Espoo, Uusimaa 02230, Finland (“Licensor”), for use only under the terms of this License Agreement. Our VAT number is 2829676-3.

By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Aricrypta Oy, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules”). Aricrypta Oy acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

Odlay Services when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Odlay Services is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).

TABLE OF CONTENTS

Contents

THE APPLICATION
SCOPE OF LICENSE
Service Providers
Customers
Hiring & Forming Contract and Job Cycle
Payments of Service
Odlay Services Platform Fee
Release of Payments to the Service Providers
Work Agreement between Users
Jobs & Tasks Qualifications
Tasks Cancellation
Fair Usage and Prohibited Activities
Dispute Resolution
NON-DISCRIMINATION POLICY
LIABILITY
TECHNICAL REQUIREMENTS
MAINTENANCE AND SUPPORT
USE OF DATA
USER-GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
WARRANTY
PRODUCT CLAIMS
LEGAL COMPLIANCE
Acceptance of Odlay Services Terms
CONTACT INFORMATION
TERMINATION
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
INTELLECTUAL PROPERTY RIGHTS
APPLICABLE LAW
MISCELLANEOUS

1. THE APPLICATION

Odlay Services (“Licensed Application”) is a piece of software created to enable connecting service providers with customers. Customers are individuals or businesses who seek to obtain short-term or long terms services from other individuals or businesses who want to perform such services and are thus called service providers. The customers define the scope, description, and terms of the tasks or services and provide the initial budget. The service providers may help correctly define the budget, scope, and detail of the task or service but it is eventually the client’s decision to decide the final details about the requirement.

Once the customer and service provider agree on the terms of the service/task, the customer awards the job to the service provider and thus a legally binding services contract is formed between them. The customer hires the service provider through the Odlay Services platform. The customer immediately deposits the agreed amount to the Odlay Services platform through the payment methods provided. When the service provider finishes the job according to the defined terms, he requests the customer to approve the job. When the customer approves the job completion, the job is marked completed. The money is released to the service provider’s wallet which can be transferred to his bank account according to the billing cycle defined in the application. The payment to the service provider from Odlay services platform can be made during the middle of the month or the end of the month.

Both the customers and service providers are considered users of the Odlay Services platform. As a user of the Odlay Services platform, you acknowledge that Odlay Services platform only enables the connection between service providers and customers who seek to get their tasks done. Odlay Services helps in ensuring a smooth payment transaction upon the completion of the task. When you start using Odlay Services platform as a user, you acknowledge that Odlay Services does not take responsibility for the accuracy, authenticity, description, or other details about the jobs posted through Odlay Services. The platform does not guarantee the behavior of its users. The platform does its best to verify the authenticity of the users. However, it cannot guarantee the verification or accuracy of the data available about the users on Odlay Services platform.

As a user of Odlay Services, you acknowledge that the Odlay Services platform is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect of Tasks, services, projects service providers, Customers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions of any Users, or of any ratings provided by Users with respect to each other. Odlay Services makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the jobs, projects or tasks requested or services provided by, or the communications of or between, Users identified through the Odlay Services Platform, whether in public, private, or offline interactions or otherwise. — and customized for iOS and Android mobile devices (“Devices”).

You acknowledge and understand that Your name and profile photo will be publicly available on the Odlay Services platform. When you register as a Service Provider, your business addresses and business contact info will be publicly available. When you post a job on Odlay Services, the job details and job location will be publicly available for open jobs. For private jobs, only the invited users will be able to see the details about the job.

Aricrypta or Odlay Services is not responsible for any action or behaviors of users with respect to any content, conversation, communication, material, or information posted on the Odlay Services platform.

2. SCOPE OF LICENSE

You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Aricrypta Oy’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Aricrypta Oy’s prior written consent).
You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
Licensor reserves the right to modify the terms and the conditions of license.
Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. Service Providers

Service Providers are the users of Odlay Services platform who seek to use their skills & expertise to provide services to the customers and complete tasks and work needed by other users (customers) of the Odlay Services platform. As a user of the Odlay Services platform, you acknowledge that

Odlay Services web and mobile platform enables Service Providers to connect with customers to perform tasks and jobs
Service Providers are solely and fully responsible to determine which jobs or tasks they choose to accept and when, how, and where to perform the tasks and jobs
Service Provider is an independent contractor; Aricrypta Oy, Odlay Services platform, or its partner companies are not a temporary employment agency or an employer and therefore do not provide the Service Provider with employee benefits, workers’ compensation or withhold taxes from his/her fees.
Service Provider only works as an independent contractor, entrepreneur, light entrepreneur, or independent business entity and takes care of his own bookkeeping, taxation, or other financial or business matters. Aricrypta or Odlay Services platform will not be responsible for the way Service Providers carry their business through the Odlay Services platform. Odlay Services only enables to connect Services Providers with customers and processes the payment of the tasks carried out through the Odlay Services platform
Aricrypta Oy does not pay a salary or hourly rate to the Service Providers; the Odlay Services Platform only facilitates the Customer’s payment of the rates set by the Customer and the Tasker
Aricrypta Oy company or Odlay Services platform will not provide a performance assessment for the Service Provider, does not oversee the actual work, and will not instruct the Service Providers as to how the work will be performed, or the method, time, or process The Service Providers should use to perform Tasks;
Aricrypta Oy or Odlay Services platform does not provide training, tools, equipment, employee benefits, or expense reimbursements to the Service Providers.
The Odlay Services platform Service Provider is solely responsible for any costs or expenses incurred by him/her in connection with the performance of the Services, and in no event shall Aricrypta reimburse, or be required to reimburse, him/her for any tools, materials, costs, or expenses used in connection with the Services. The Service Provider shall furnish and maintain, at his/her own expense, the tools, equipment, supplies, and other materials used to perform the Services. The Service Provider, at his/her sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials.
The Service Provider is responsible to determine what skills, qualifications, expertise, and certifications are required to perform a job and whether he/she has the right qualifications to fulfil the job. Aricrypta will not provide any training, certification, or any other tutorial for performing a job.
Aricrypta may advise or alert/inform a Service Provider about a potential job matching his/her registered skills and expertise. However, it is the Service Provider’s responsibility to determine whether he/she has the right qualifications to perform the job.
Aricrypta sends alerts/information to the Service Provider about matching jobs according to the registered skills, interests, and expertise. However, Aricrypta does not endorse or suggest a Service Provider’s qualification for a job. The Service Provider agrees that he will only agree to the jobs that he/she is fully qualified for.
You use the Odlay Services platform at your own risk, the Odlay Services Platform is provided “as is” and without any warranties; Aricrypta Oy is not responsible for, and you release us from, any claims or losses resulting from your use of the Odlay Services Platform or a users’ conduct.
You shall have no legal authority to enter contracts on Aricrypta Oy or Odlay Services platform behalf or otherwise bind Odlay Services in any way, and you shall not hold yourself out as having such authority
Service Providers are fully responsible to ensure their capacity and capability to perform the job or task requested by the customer. The Service Provider should ensure that he/she has the required training, certifications, or any needed expertise and experience to perform the tasks, projects, and jobs requested by the customer. Aricrypta Oy or Odlay Services platform does not tell the Service Providers which jobs to take or how to perform the tasks
If the task, job, or project requires any work or other related insurance then it is the Service Provider’s responsibility to take care of the insurance. Aricrypta or Odlay Services platform does not provide any personal or work-related insurance to its users
When interacting with Customers, the Service Providers will exercise caution and common sense to protect their personal safety, data, and property, just as they would when interacting with other persons whom they don’t know.

4. Customers

Customers are the users of the Odlay Services platform who seek to obtain the services of the Service Providers to fulfill the tasks. As a user of Odlay Services platform, you agree that

Odlay Services web and mobile platform enables you to connect with the Service Providers to perform tasks and jobs
When the customer awards a job to a Service Provider, a contract is formed between the customer and the Service Provider. Aricrypta Oy or Odlay Services is not a party to this contract and will not be responsible for any compliance or non-compliance of this contract
It’s the customer’s responsibility to assess the capacity, capabilities, expertise, training, skills, or the needed qualification of the Service Provider to perform the tasks or jobs of the customer
The data provided about the Service Provider on the Odlay Services platform is provided by the users and is on “as-is” bases. Odlay Services has a basic process of verifying the data about the users but cannot guarantee the accuracy or authenticity of the data.
You use the Odlay Services platform at your own risk, the Odlay Services Platform is provided “as is” and without any warranties; Aricrypta Oy is not responsible for, and you release us from, any claims or losses resulting from your use of the Odlay Services Platform or a users’ conduct.
Aricrypta Oy or the Odlay Services platform is not responsible for any loss or damage due to the task performed by the Service providers.
When interacting with the Service Providers, the customers will exercise caution and common sense to protect their personal safety, data, and property, just as they would when interacting with other persons whom they don’t know.

5. Hiring & Forming Contract and Job Cycle

As a user of Odlay Services platform, you acknowledge that when a customer and service provider agree on the rate, description, and terms of the service or job then a contract is formed between the customer and service provider. The terms of the job are communicated either through

Description of the job: A customer should provide as much detail as possible in the description of the job
Chat: Further questions can be answered, or further details can be provided through the chat option in the odlay Services platform.
Through an attachment option given in the chat

Once both parties agree on the description, detail, duration, terms, and price of the job then the contract can officially start by the customer clicking on the “award” button to award the job to the service provider. The Service provider must accept the offer from the customer by clicking on the accept button. The customer must make the agreed payment after the service provider has accepted his offer. Once the payment has been made, the service provider must start working on the job according to the agreed terms. The job status can be changed to start by clicking the “start” button appearing on the job

Once the service provider finishes the job, he should mark the job finished by clicking on the “Finish” button. The customer must review the work and ensure that the job has been delivered according to the agreed terms. If the customer is satisfied with the job quality, then he must click on “Yes, work is delivered”. Once the customer approves the job, the job cycle is complete

The term of the task includes the description given by the customer, any other terms agreed upon in the chat by both the service provider and customers, and any other terms proposed by the service provider and approved by the customer. The service provider and customer may use any methods to agree on the terms to the extent that such terms do not conflict with the terms in this Agreement, and do not expand Aricrypta Oy and Odlay Services’ obligations or restrict Aricrypta or Odlay Service’s rights under this Agreement.

You agree that Aricrypta is not a party to any Task Agreement and the formation of a Task Agreement will not, under any circumstance, create an employment or other service relationship between Aricrypta and you, nor will it create an employment relationship between the Customer and yourself. Aricrypta’s role is providing the Odlay Services Platform and acting as a limited payment and exclusive collection agent for you to facilitate payments to you through the Odlay Services Platform acting as an escrow in respect of Tasks you perform. The Customer shall pay you directly for completed Tasks through the escrow as indicated on the Odlay Services Platform at the rates agreed to by the Users in the Task Agreement.

6. Payments of Service

The Odlay Services platform is only used for connecting customers with the service provider and facilitating the payments of tasks and jobs carried out on the Odlay Services platform. When a customer and service providers agree on the terms and price of the job, the customer must deposit the agreed amount of the job through the Odlay Services platform. When the service provider completes the task and job according to the agreed terms, the customer must approve the job. After the job is marked complete, the payment is released to the wallet of the service provider

Customers shall not pay any Service Provider for any Task, Job, Project, or Service directly or indirectly, through any other means.

Aricrypta reserves the right (but not the obligation), in its sole discretion, upon request from Customer or Service Provider, or upon notice of any potential fraud, unauthorized charges or any other misuse of the Odlay Services Platform, to

Place on hold any Task payment,
Refund or provide credits
Barring the Customer or the Service Provider from using the Odlay Services Platform.

Without the customer making the payment and a notification/information from Odlay Services, the Service Provider must not start working on the job. In case the Service Provider finishes the job without getting prior payment confirmation from Odlay Services, Aricrypta will not make the payment on the customer’s behalf. The users of the Odlay Services platform should understand that the platform does not guarantee payment if the customer has not made the payment for the job. For the avoidance of doubt, Aricrypta is not obligated to pay you for the Customer’s failure to pay for services

The Service Provider gets the confirmation of the payment from the customer in three ways

Getting a system notification
Getting a message in the chat/conversation
Getting an information message in the job manager that the customer has made the payment and the Service Provider can start working on the job

Once the customer makes the agreed payment for a job to Odlay Services, the Service Provider gets an alert and the status of the job changes in the job manager. The Service Provider can see a message that a payment has been made for the job and he must now proceed with the job and start working on it

The Service Provider will be liable for any taxes required to be paid on the Tasks provided under the Agreement.

7. Odlay Services Platform Fee

Odlay Services platform may charge a platform fee to both Service Provider and the Customer. The detail of the platform is given below

A platform usage fee is payable to Odlay Services in respect of services received on the Platform. When a customer accepts a Service Provider’s offer or proposal, a job Contract is formed between the two parties. At this time the Customer will be charged the Agreed Price plus the platform fee.
When a Service Provider bids for a job, a Service Provider fee is included in the bid price. The Service Provider fee is visible when applying for the job
When a customer releases the job Payment to the Service Provider, the platform fee for Service Provider and the customer will be retained by Odlay Services.
The customer Fee and the Service Provider Service Fee include GST (or equivalent tax on supplies, including VAT).
All Fees and charges payable to Odlay Services are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
If Aricrypta introduces a new service on the Odlay Services Platform, the Fees applying to that service will be payable from the launch of the service.
Aricrypta reserves the right to amend the amount of the customer Fee and the Service Provider fee from time to time and any changes will be updated on Odlay Services platform and/or on the website

8. Release of Payments to the Service Providers

If a Service Provider completes a job according to the agreed term and the customer approves the job, then the Service Provider will receive the Job fee (bid amount) minus the Odlay Services platform fee. The amount will be initially visible in the wallet. The wallet amount will be paid out to the Service Provider on the defined schedule.

9. Work Agreement between Users

Aricrypta Oy does not perform tasks or jobs, nor does it employ individuals, partners, or other entities or perform tasks on its behalf. Each customer and service provider assumes all liabilities regarding the status of the Service Provider as an independent contractor and not an employee of Aricrypta. The service provider is responsible to ensure the right qualifications and expertise to perform a task. The customer is responsible for the assessment of the Service Provider’s qualifications and expertise. The customer is responsible for monitoring and tracking the progress of the job

You indemnify and hold Aricrypta Oy harmless from all liabilities, claims, causes of action, demands, damages, losses, fines, penalties, or other costs or expenses that you or the Service Provider may incur or become entitled to, whether under contract, law, statute or otherwise, in respect of tasks, services, projects, jobs or service agreements or the use of the Odlay Services platform, including with respect to misjudgement of the Service Provider qualification and abilities and the termination or cessation of any job, service, service agreements, contract, this agreement or the use of the Odlay Services platform.

10. Jobs & Tasks Qualifications

Aricrypta does not oversee, supervise, or monitor the scope, description, detail, pricing, status, progress, or performance of the contract, job, task, or project between the customer and service provider. Aricrypta provides the detail of the status updated by the Service Provider and Customers, but Aricrypta does not take the responsibility for any monitoring, tracking, or supervising of the actual status of the job

Customers and Service Providers are responsible for identifying and obtaining any required licenses, permits, or registrations before undertaking tasks, jobs, or projects. Certain types of jobs and services may be prohibited altogether, and it is each Customer’s and the Service Provider’s responsibility to avoid such prohibited activities, jobs, and services. Penalties may include fines, legal proceedings, or other enforcement. If you have questions about the local laws and regulations about your jobs and services on the Odlay Services Platform, you should seek legal advice from local attorneys.

11. Tasks Cancellation

The Odlay Services Platform is committed to providing a reliable, consistent, and highly responsive experience to Customers and Service Providers. While we know that a change of schedule can happen at any time due to multiple reasons, cancelling a job with short notice causes inconvenience to the other party. Therefore, no-shows or cancellations without notice within twenty-four (24) hours of job start can result in penalties, or a direct impact on your rating and placement of your account under review, respectively. Repetition of a bad experience to the other party can result in account suspension or ban. There are two kinds of job cancellation

Customer Initiated the job cancellation:

When a customer cancels a job after it has been awarded then the Odlay Services platform will decide about a refund of the job amount. Not all scenarios are eligible for a refund and they are all explained below

The general formula for refund is Paid amount – customer platform fee – job cancellation fee.
When the customer cancels the job before twenty-four(24) from the start of the job, Then the cancellation fee is 10% of the Service Provider bid amount. The upper limit for the cancellation fee is 30 euros in this case.

o Example: Service Provider’s bid amount was 100 euros. The customer pays 105 euros (100 euro bid amount plus 5 euro customer platform fee)

Customer platform fee is 5% so for the 100 euros bid amount, the customer platform fee is 5 euros.
Cancellation fee is 10% of the bid amount which is 10 euro
Refund amount is 105 – 5- 10 = 90

o Example: Service Provider’s bid amount was 400 euros. The customer pays 420 euros (400 euro bid amount plus 20 euro customer platform fee)

Customer platform fee is 5% so the customer platform fee is 20 euros.
Cancellation fee is 10% of the bid amount which becomes 40 euros in this case. However, the upper limit is 30 euros for this cancellation, so we use 30 euros
Refund amount is 420 – 20- 30 = 370 euros

The customer cancels the job within twenty-four hours but at least three hours before the start of the job then the cancellation fee is 30% of the bid amount. The upper limit, in this case, is 60 euros.

o Example: Service Provider’s bid amount was 100 euros. The customer pays 105 euros (100 euro bid amount plus 5 euro customer platform fee)

Customer platform fee is 5% so for the 100 euros bid amount, the customer platform fee is 5 euros.
Cancellation fee is 30% of the bid amount which is 30 euro
Refund amount is 105 – 5 – 30 = 70

o Example: Service Provider’s bid amount was 400 euros. The customer pays 420 euros (400 euro bid amount plus 20 euro customer platform fee)

Customer platform fee is 5% so the customer platform fee is 20 euros.
Cancellation fee is 30% of the bid amount which becomes 120 euros in this case. However, the upper limit is 60 euros for this cancellation so we use 60 euros
Refund amount is 420 – 20- 60 = 340 euros
The customer cancels the job three hours – a few minutes before the start of the job then the cancellation fee is 50% of the bid amount. The upper limit, in this case, is 150 euros.

o Example: Service Provider’s bid amount was 100 euros. The customer pays 105 euros (100 euro bid amount plus 5 euro customer platform fee)

Customer platform fee is 5% so for the 100 euros bid amount, the customer platform fee is 5 euros.
Cancellation fee is 50% of the bid amount which is 50 euro
Refund amount is 105 – 5 – 50 = 45

o Example: Service Provider’s bid amount was 400 euros. The customer pays 420 euros (400 euro bid amount plus 20 euro customer platform fee)

Customer platform fee is 5% so the customer platform fee is 20 euros.
Cancellation fee is 30% of the bid amount which becomes 120 euros in this case. However, the upper limit is 60 euros for this cancellation so we use 60 euros
Refund amount is 420 – 20- 60 = 340 euros
The customer cancels the job after the job has been started, then the matter will be taken through dispute resolution. Based upon the review of the situation, the customer may or may not get a refund.
The cancellation fee to the customer refund amount only applies if the customer cancels a job without a practical reason. If the reason of the cancellation is in any sense related to the expertise or ability of the Service Provider and Aricrypta finds this reason to be of solid grounds, then the customer may be eligible for a full refund.

The Service Provider Initiated the job cancellation:

When a Service Provider cancels a job then the customer will get a full refund of the paid amount. The impact of Job cancellation on the Service Provider’s profile reputation is normally huge and will impact the ability to get more jobs form the customers. The impact on the profile will depend upon

The Notice time before the job start date/time
The grounds and reasons for cancellation of the job
Impact of cancellation on the customer
Repeat count of the cancellation.

As a Service Provider, although you may cancel your scheduled jobs through the App if necessary, please understand that your cancellations are serious matters and may result in the suspension or deactivation of your Service Provider Account.

12. Fair Usage and Prohibited Activities

The purpose of the Odlay Services platform is to give our users a smooth, enjoyable, useful, and safe experience. The rules and regulations of the Odlay Services platform are designed so that our users can have a high-quality experience when using the Odlay Services platform.

The Odlay Services platform contains profile data, photos, addresses, phone numbers of Service Providers, direct chat & conversation, and other contact methods to enable easy communication between users. You may only use the data available on the Odlay Services platform to communicate with other users of the Odlay Services platform for the purposes that are relevant to the Odlay Services platform.

While using the Odlay Services platform, the following activities and actions are prohibited:

Dating: Odlay Services platform is not a dating application and must not be as such. Communicating with other users of the Odlay Services platform must be purely professional and for allowed business activities
Defaming, harassing, stalking, threatening, intimidating, misrepresenting, misleading, or otherwise violating the legal rights (such as but not limited to, privacy, confidentiality, reputation, and publicity) of others, including Users of the platform and Aricrypta staff.
Using the Odlay Services platform to publish, distribute, upload or communicate any profane, defamatory, infringing, obscene, or unlawful topic, name, material, or information (including pornography of any kind);
Using the Odlay Services platform for any unauthorized purpose, including, but not limited to completing a Task in violation of local, state, national, European Union, or international law.
Uploading, distributing, publishing, or transferring software, digital content, or any material that violates intellectual property rights or privacy rights of any individual, group, business entity, firm, or any private or public organization.
Uploading viruses, malware, Trojan horses, corrupted files, or any files or software that may harm the operation of other computers. Mobile devices and other machines
Posting, distributing, downloading, or uploading any content to which you have not obtained any necessary rights, licenses, or permissions to use accordingly.
Using the Odlay Services platform for illegal activities, criminal activities, or any other activities that violate any local, national or international law
Faking or impersonating another user’s identity for any purpose
Uploading, downloading, or distributing any data, or digital content that you should reasonably know that cannot be legally downloaded, uploaded, or distributed
Causing inconvenience or hurdles and preventing other users from having a comfortable and usable experience in the Odlay Services platform
Representing, or acting to represent Odlay Services or Aricrypta in any official capacity without prior approval from Aricrypta
Making statements on behalf of Aricryota or Odlay Services without a written permission
Using Robots, bots, crawlers, automatic agents, hidden scripts, or text to extract, mine, collect, crawl, sell, transmit, distribute or publish any data, content, or material from the Odlay Services platform
Hacking or interfering with any software, process, machine, device, service, infrastructure, or any platform owned by Aricrypta
Promoting any content that contains abuse of any kind, religious hatred, ethnic hatred, racism, physical harm, violence, child abuse, pornography, or mental stress
Promoting prostitution or any sexual activity
Any explicit content that is sexually gratifying
Collecting phone numbers, names, business addresses, or any other data without prior consent from the individuals to whom the data is related and written permission from Odlay Services
Providing false or fake data that is used by other users for tasks and jobs evaluation on the Odlay Services platform
Modifying or attempting to modify the platform fee, payment processing, or circumvent the payment system or other algorithms of Odlay Services
Using false identity for registration or providing false or fake data including but not limited to a phone number, names, addresses, and other identity-related data
Using false data for expertise, experience, qualification, and certification for providing services and performing jobs and tasks

Performing any prohibited activities as mentioned above may lead to and may lead to penalties, account suspension, ban, and legal proceedings

13. Dispute Resolution

You acknowledge that any interaction, dealing or contract between you and other users of Odlay Services platform, including without limitation, any project, job contract, service contract or any agreement is solely between you and the other party. Any problems, disputes, claims or disagreements due to any interaction, communication or contract must be resolved between you and the other relevant or applicable user. Aricrypta encourages all users to try and resolve disputes (including without any limitation, any payments, the release of payments, refunds claim for losses or any other claims) directly with the other relevant users.

Aricrypta oy or Odlay Services is not responsible for any loss, harm, or damage of any sort incurred because of any such interactions, dealings, or contracts. You hereby expressly release, discharge, and hold Aricrypta and Odlay Services and its employees, management, board members, and shareholders (the “released parties”) harmless from, and waive any and all claims (including but not limited to claims for property damage, personal injury, or death), demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. This release includes, for example, and without limitation, any disputes regarding the performance, functions, and quality of the Expert Services provided to the Client by an Expert and requests for refunds based upon Payment Disputes.

Aricrypta may in good faith try to assist and resolve disputes between the two users of Odlay Services. Aricrypta may assign a member of its staff to investigate and resolve the dispute between the two users. When a user is not happy with the ongoing progress of the job or there arises a dispute about the terms of the job, the user should first talk to the other applicable user and explain the situation and share as much detail as possible. It is always efficient, faster, and cheaper to resolve the dispute directly with the other user.

If the user is still not happy about the way a job has progressed or is progressing, he/she may raise a dispute about the job by clicking on the “File Complaint” button in the job manager. Both parties (the customer and service provider) must stop working further on the job until Aricrypta has acted on the dispute. Aricrypta will assign a member of its staff to review the dispute. Both parties will be asked to share as much detail as possible. After a careful review of the situation, Aricrypta will decide about the dispute.

If any of the users are not happy with the decision of Aricrypta, they may take the dispute to the local court at their own cost. Please remember that the dispute is between the two users and Aricrypta will not be a party to the dispute If it is taken to the court by any of the involved parties. Aricrypta may however share all the available information to the court of law if asked.

14. NON-DISCRIMINATION POLICY

Aricrypta and its affiliates prohibit discrimination against Customers or Service Providers based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under local, national, or international law. Such discrimination includes, but is not limited to, refusing to provide or accept services based on any mentioned form or known form of discrimination. Any user found to have violated this prohibition will have his or her account suspended or terminated, and may face further legal proceedings under applicable law

15. LIABILITY

ARICRYPTA OY OR IT’S SOFTWARE INCLUDING ODLAY SERVICES WILL NOT BE LIABLE FOR ANY FALSE OR MISLEADING STATEMENTS MADE BY USERS OF THE ODLAY PLATFORM.
NEITHER ODLAY SERVICES NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS (TOGETHER, “AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ODLAY SERVICES PLATFORM AND YOU HEREBY RELEASE ARICRYPTA AND ITS AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ODLAY SERVICES PLATFORM.
THE ODLAY SERVICES PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
ARICRYPTA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE ODLAY SERVICES PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE ODLAY SERVICES PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE ODLAY SERVICES PLATFORM.
The Odlay Service platform and its developers take the privacy and security of your personal data very seriously. However, in the event of any unauthorized access or data leak, the app and its developers shall not be liable for any damages, losses, or harm that may arise from such access or leak.
You acknowledge and accept that the Odlay Services and its developers cannot guarantee a 100% security of your personal data, and that you use the app at your own risk
Aricrypta and Odlay Services platform shall not be liable for any damages, losses, or harm arising out of any unauthorized access to your personal data, including but not limited to your username, password, or any other personal information.
You agree to indemnify and hold harmless the Aricrypta and its Odlay Services platform from any and all claims, liabilities, damages, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way related to any unauthorized access to your personal data or violation of these terms
Aricrypta and Odlay Services accept no liability for any aspect of the customer and Service Provider interaction, including but not limited to the description, performance, or delivery of Services
Aricrypta and Odlay Services have no responsibility and make no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of the Service Providers to perform tasks, services, jobs or supply items, or the honesty or accuracy of any information provided by the customers or the customer’s ability to pay for the Services requested.
Aricrypta has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve the User experience.
You understand and agree that Aricrypta does not undertake any investigation in relation to any Service Provider or third-party service provider before or after they are registered to the platform, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a Service Provider or third-party service provider to perform any task which they may claim to be able to provide on the platform
You understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a Service Provider to perform services
You further understand and agree that you are solely responsible for making your own evaluations, decisions, and assessments about choosing a Service Provider.
You agree to assume all risks and you agree to expressly release, indemnify, and hold harmless Odlay Services from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.
Aricrypta takes no accountability or responsibility for any damages caused due to a breach of duties agreed between the users of the platform. To avoid data loss, you are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
Aricrypta takes no accountability and responsibility in case of Data loss or any other issue

16. TECHNICAL REQUIREMENTS

3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

17. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

4.2 Aricrypta Oy and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

18. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information and that the Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://odlay.com/privacy-policy/.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

19. USER-GENERATED CONTRIBUTIONS

The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
You have the written consent, release, and/or permission ofeach and everyidentifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

20. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

21. WARRANTY

Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, or used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Aricrypta Oy’s sphere of influence that affect the executability of the Licensed Application.
You are required to inspect the Licensed Application immediately after installing it and notify Aricrypta Oy about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
If we confirm that the Licensed Application is defective, Aricrypta Oy reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply to users who are consumers.

22. PRODUCT CLAIMS

Aricrypta Oy and the End-User acknowledge that Aricrypta Oy, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

23. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.

24. Acceptance of Odlay Services Terms

By installing the Odlay Services App, using the Site, clicking to accept or agree to these Terms of Use, or by otherwise accessing and using any aspect of the Odlay Services Platform, you agree and acknowledge that:

You are at least 18 years old and are of legal age to form a binding contract with the other users of the Odlay Services Platform.
You are not subject to any contract or duty that would be violated by entering into a contract under this Agreement, or that is otherwise inconsistent with this Agreement.
You will act professionally and responsibly in your interactions with other Users.
You will respect the privacy, property, and data protection rights of Users and you will not record video or audio of any Task or any interaction by or with any User and/or Aricrypta in connection with the Odlay Services Platform without the prior written consent of Aricrypta and/or the relevant User, as applicable.
You will fulfill your commitments to the other users of the Odlay Services platform
You acknowledge that if you are using or will or intend to use the Odlay Services Platform for any journalistic or investigative purpose, or any unlawful purpose; you will inform Aricrypta in writing any such motivation, status, or interest, whether existing prior to registration or as arises during your use of the Odlay Services Platform
You have read, understood, and agreed to be bound by these Terms of Use, the Privacy Policy, and the General Terms of Use to access and use the Odlay Services Platform
You agree that you will use the Odlay Services platform in good faith and will abide by the local laws, policies, and regulations
You agree that Aricrypta may change or update the terms & conditions

25. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Syed Arif Ullah Shah

Kala-Matti 3 C65

Espoo, Uusimaa 02230

Finland

syed.shah@aricrypta.com

26. TERMINATION

The license is valid until terminated by Aricrypta Oy or by You. Your rights under this license will terminate automatically and without notice from Aricrypta Oy if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

27. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Aricrypta Oy represents and warrants that Aricrypta Oy will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

28. INTELLECTUAL PROPERTY RIGHTS

Aricrypta Oy and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Aricrypta Oy, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

29. APPLICABLE LAW

This License Agreement is governed by the laws of Finland excluding its conflicts of law rules.

30. MISCELLANEOUS

If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
Collateral agreements, cha,nges and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
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