Terms of Service

For purposes of these Terms:

Account means a registered user account created to access and use the Platform.

Content means all text, photographs, videos, reviews, ratings, profile information, messages, files, and other materials submitted or uploaded through the Platform.

Customer means a User who posts or requests a Task through the Platform.

Helper means an independent individual who voluntarily accepts and performs Tasks through the Platform.

Payment Processor means Stripe, Inc. and its Stripe Connect services, or any successor third-party payment processor designated by Simply Help.

Platform means the Simply Help website, mobile applications, software, messaging systems, payment systems, communications, and all related services operated by Simply Help.

Platform Fee means the service fee charged by Simply Help in connection with use of the Platform, as described in Section 18.

Privacy Policy means Simply Help's privacy policy, as published on the Platform and updated from time to time.

Task means any job, project, request, service, errand, chore, or other work posted through the Platform.

User means any person accessing or using the Platform, including Customers and Helpers.

Simply Help is an online technology marketplace that connects Customers seeking assistance with independent Helpers willing to perform Tasks.

Simply Help currently makes the Platform available throughout Pinellas County, Florida. Simply Help may expand the Platform to additional counties, states, and mobile applications at any time, and these Terms are intended to apply to all present and future service areas and Platform features.

Simply Help's sole role is providing an online marketplace through which Users may connect and voluntarily enter into agreements with one another. In furtherance of that limited role, Simply Help:

• does not perform Tasks;
• does not employ Helpers;
• does not supervise, direct, manage, inspect, train, schedule, or control Helpers or their work;
• does not guarantee the quality, safety, legality, or completion of any Task;
• does not guarantee the conduct, identity, qualifications, or reliability of any Customer or Helper;
• does not provide insurance;
• does not verify professional licenses; and
• is not a contractor, subcontractor, staffing agency, employment agency, or provider of home or other services.

Any agreement regarding the performance of a Task exists solely between the Customer and the Helper. Simply Help is not a party to any agreement between Users regarding the performance of a Task, and Simply Help assumes no responsibility or liability for the acts or omissions of any User.

Your use of the Platform is subject to Simply Help's Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how Simply Help collects, uses, stores, and discloses information in connection with the Platform.

By using the Platform, you acknowledge that you have reviewed the Privacy Policy and consent to Simply Help's collection, use, and disclosure of information as described in the Privacy Policy.

Helpers are independent contractors.

Nothing contained in these Terms creates any employment, partnership, joint venture, agency, franchise, or fiduciary relationship between Simply Help and any User. Helpers are not employees, agents, representatives, partners, or joint venturers of Simply Help.

Helpers:

• determine whether to accept a Task;
• determine how to perform the Task;
• provide their own labor;
• provide their own tools and equipment;
• provide their own transportation;
• determine the methods used to complete the Task;
• are responsible for paying their own taxes;
• are free to perform services outside the Platform;
• may maintain independent clients; and
• are solely responsible for complying with applicable laws.

Simply Help does not direct or control whether or how Helpers perform their work.

Helpers are independent contractors and are solely responsible for all taxes and reporting obligations arising from amounts they earn through the Platform. This includes, without limitation:

• federal income tax;
• self-employment tax;
• state and local taxes where applicable;
• all related tax reporting and filings; and
• obtaining and maintaining any business licenses or registrations required by applicable law.

Simply Help does not withhold taxes from amounts paid to Helpers, does not provide payroll services, and does not act as an employer for tax purposes. Simply Help may issue tax forms, or cause its Payment Processor to issue tax forms, where required by applicable law.

Simply Help does not provide tax, accounting, or legal advice. Users are responsible for consulting their own advisors regarding their tax obligations.

You must be at least eighteen (18) years of age to use the Platform.

By using the Platform, you represent and warrant that:

• you are at least eighteen years old;
• you have the legal capacity to enter into binding contracts;
• all information you provide is truthful and accurate;
• you will keep your information current; and
• your use of the Platform complies with all applicable laws.

Simply Help reserves the right to suspend or terminate any Account if eligibility requirements are no longer satisfied.

An Account is required to use most features of the Platform.

You agree to:

• provide accurate information;
• maintain current information;
• maintain the confidentiality of your login credentials;
• immediately notify Simply Help of any unauthorized access; and
• accept responsibility for all activity occurring under your Account.

You are responsible for all activity occurring under your Account unless and until you promptly notify Simply Help of any unauthorized access to or use of your Account.

You may not:

• create multiple Accounts to avoid suspension;
• impersonate another person;
• use false identity information;
• create Accounts for fraudulent purposes; or
• transfer your Account to another person without Simply Help's written consent.

Simply Help may refuse registration or terminate any Account that it reasonably believes threatens the safety, integrity, or operation of the Platform.

Simply Help currently utilizes face verification as part of its verification process. Helpers are required to complete face verification before accepting Tasks, and Simply Help may require Helpers to complete face verification again periodically thereafter.

Face verification compares a facial image submitted by the Helper to the profile photograph provided by that same Helper. Face verification is not proof of a Helper's legal identity and should not be relied upon as identity verification.

Without limiting the foregoing, face verification does not constitute, and Simply Help does not perform through face verification:

• a criminal background check;
• verification of a Helper's legal identity;
• employment or work-eligibility screening;
• licensing verification;
• insurance verification;
• character evaluation;
• qualification verification; or
• any endorsement, guarantee, or recommendation of any Helper.

Simply Help makes no representation or warranty regarding any Helper based upon completion of face verification. Simply Help reserves the right to require additional or repeated verification at any time.

Simply Help does not currently perform criminal background checks, credit checks, reference checks, driving-record checks, or any similar screening of any User.

You should not assume that any User has been screened, vetted, or investigated by Simply Help in any way. Users are solely responsible for evaluating, and assume all risks associated with, the Customers and Helpers with whom they choose to interact.

If Simply Help elects to offer background checks or additional screening in the future, it will describe those features on the Platform, and any such screening will be subject to its own terms and limitations.

Simply Help does not provide, and is not, an insurer. Simply Help provides no insurance coverage of any kind to any User, and no insurance policy of any kind is offered, arranged, or guaranteed by Simply Help in connection with any Task.

Helpers are solely responsible for obtaining and maintaining any insurance required by applicable law, requested by a Customer, or otherwise appropriate for the Tasks they choose to perform. Customers are solely responsible for maintaining any insurance appropriate for their property and circumstances.

Users acknowledge that any loss, damage, or injury arising from a Task is a matter solely between the Customer and the Helper, and is not covered or indemnified by Simply Help.

Customers are solely responsible for:

• accurately describing each Task;
• setting the initial Task price;
• providing accurate locations;
• maintaining a reasonably safe work environment;
• ensuring lawful access to the property;
• ensuring they possess authority to request the Task; and
• complying with applicable laws.

Customers may post Tasks for themselves or on behalf of another individual or property, provided they possess authority to do so. The Customer creating the Task remains responsible for all communications, payments, instructions, and obligations arising from the Task.

Customers acknowledge that Simply Help does not inspect work sites or verify the safety of any location. Customers voluntarily determine whether to permit a Helper to enter their property.

Helpers represent and warrant that they:

• possess the skills reasonably necessary to perform accepted Tasks;
• accept only Tasks they are willing and able to complete;
• provide their own equipment unless otherwise agreed with the Customer;
• provide their own transportation;
• comply with all applicable federal, state, and local laws;
• maintain any licenses legally required to perform accepted Tasks;
• maintain any insurance legally required to perform accepted Tasks; and
• perform accepted Tasks professionally and safely.

Helpers are solely responsible for determining whether a Task requires professional licensing or permits. Nothing in these Terms shall be interpreted as Simply Help representing that any Helper possesses any license, certification, insurance, experience, or qualifications.

Certain Tasks may require professional licenses, certifications, permits, or registrations under applicable law.

Simply Help does not determine whether a Task requires a professional license and does not verify professional licenses. Users are solely responsible for determining whether applicable law requires licensure for a given Task.

If a Task legally requires a professional license, certification, permit, or registration, the Helper is solely responsible for independently possessing such credentials before performing the Task and for showing proof of those credentials directly to the Customer upon request. Customers are solely responsible for requesting and reviewing any credentials they consider necessary.

Simply Help does not monitor or confirm compliance with professional licensing requirements.

Users may not use the Platform for Tasks involving:

• illegal activities;
• controlled substances;
• unlawful firearm transactions;
• hazardous materials;
• explosives;
• Tasks that Simply Help reasonably determines present an unreasonable safety risk;
• medical or nursing services;
• legal representation or legal advice;
• financial, investment, accounting, or tax advice;
• fraudulent activity;
• human trafficking;
• prostitution or adult services;
• identity theft;
• harassment;
• violence;
• discrimination prohibited by law; or
• any activity violating applicable law.

Licensed work is permitted only if the Helper independently possesses the required license and provides proof of that license directly to the Customer. Simply Help does not verify licenses or determine whether a Task requires one.

Subject to the foregoing and to applicable law, general assistance is generally permitted, including moving, lifting, yard work, cleaning, pressure washing, junk removal, errands, technology help, furniture assembly, dog walking, feeding pets, and basic pet care.

Simply Help may prohibit additional categories of Tasks in its sole discretion whenever necessary to protect Users or the Platform.

Users acknowledge that participating in a marketplace for in-person Tasks involves inherent risks, including risks of property damage, personal injury, financial loss, and interactions with other Users whom Simply Help does not screen, supervise, or control.

You knowingly and voluntarily assume all risks arising from or related to your use of the Platform and your participation in any Task, whether as a Customer or a Helper.

To the fullest extent permitted by applicable law, you release Simply Help and its officers, directors, members, employees, and agents from any and all claims, demands, damages, losses, liabilities, and expenses of every kind arising out of or in any way connected with any Task, any interaction between Users, or the acts or omissions of any User.

All payments made through the Platform are processed through the Payment Processor designated by Simply Help, currently Stripe and its Stripe Connect services.

By posting a Task, the Customer authorizes Simply Help and its Payment Processor to authorize, charge, and process payments in accordance with these Terms.

All payments are processed in United States Dollars (USD). Simply Help does not directly hold Customer funds except as permitted through its Payment Processor and applicable law. Use of the Payment Processor is also subject to the Payment Processor's own terms of service.

Customers determine the initial price for each Task. Helpers voluntarily decide whether to accept a Task based upon the posted price.

Once a Helper accepts a Task:

• the Customer may voluntarily increase the Task price at any time before payment is released;
• the Customer may not reduce the accepted Task price;
• the Helper may not demand additional compensation as a condition of completing the Task; and
• all payment adjustments must occur through the Platform.

Any increase in the Task price must be initiated solely by the Customer through the Platform. No User may request, require, or accept additional payment outside the Platform for a Task originating through Simply Help.

Simply Help charges Customers a Platform Fee in connection with each completed Task.

Unless otherwise stated on the Platform, the Platform Fee equals ten percent (10%) of the posted Task price.

Example:

• Task Price: $100
• Platform Fee: $10
• Customer Pays: $110
• Helper Receives: $100
• Simply Help Receives: $10

The Platform Fee is charged to the Customer and is not deducted from the Helper's accepted Task price. Simply Help reserves the right to modify Platform Fees in the future by updating these Terms or publishing updated pricing on the Platform.

When a Helper accepts a Task:

• the Customer's payment method may be authorized for the Task price, Platform Fee, approved reimbursable expenses, and any applicable cancellation fees;
• authorization is not necessarily an immediate charge; and
• authorized funds may remain temporarily unavailable depending upon the Customer's financial institution.

Payment is generally captured after:

• the Helper marks the Task complete;
• the Customer confirms completion; or
• Simply Help otherwise determines payment should be released under these Terms.

Helpers receive payments through the Platform's designated Payment Processor. Helpers must establish and maintain any Payment Processor account, including any Stripe Connect account, required by Simply Help.

Payment timing depends upon factors including the Payment Processor, banking institutions, fraud review, disputes, and applicable law. Simply Help is not responsible for delays caused by financial institutions, payment processors, governmental agencies, or circumstances beyond its reasonable control.

Certain Tasks may require materials or other reimbursable expenses. Helpers may not incur reimbursable expenses unless approved by the Customer.

Approved reimbursable expenses:

• are charged separately;
• are paid entirely to the Helper; and
• are not subject to Simply Help's Platform Fee.

Simply Help may require receipts or supporting documentation before reimbursing expenses.

Customers may cancel a Task at any time before a Helper accepts the Task without penalty. For scheduled Tasks, Customers may cancel more than twenty-four (24) hours before the scheduled start time without penalty.

If a Customer cancels after a Helper has accepted the Task, Simply Help may charge a cancellation fee. Unless otherwise stated by Simply Help, the cancellation fee shall equal the greater of:

• Three Dollars ($3.00); or
• Ten Percent (10%) of the Task price.

Cancellation fees belong solely to Simply Help and compensate the Platform for reserved resources, administrative costs, and marketplace operations.

If a Helper cancels an accepted Task:

• no cancellation fee is charged;
• the Task may become available for other Helpers to accept; and
• repeated cancellations may result in Account restrictions.

Simply Help reserves the right to waive cancellation fees in extraordinary circumstances.

Refund requests are reviewed individually. Simply Help may consider refunds in situations including duplicate charges, payment processing errors, confirmed fraud, Platform malfunction, and other circumstances determined appropriate by Simply Help.

Disputed completed Tasks are generally resolved through one of two outcomes:

• full payment released to the Helper; or
• full refund issued to the Customer.

At this time, Simply Help generally does not provide partial refunds for disputed completed Tasks. Nothing in this section obligates Simply Help to issue a refund.

Maintaining transactions on the Platform protects Customers, Helpers, and Simply Help.

Users may not:

• request payment outside the Platform;
• accept payment outside the Platform;
• encourage another User to avoid Platform Fees;
• divert Tasks away from Simply Help; or
• use Platform communications to facilitate off-platform transactions.

Attempts to circumvent Platform Fees or move payments off the Platform constitute material violations of these Terms. Simply Help may immediately suspend or terminate Accounts engaging in fee circumvention.

Customers and Helpers are expected to communicate professionally and attempt to resolve disputes directly whenever possible.

Simply Help may, but is not obligated to, review communications, review photographs, review supporting documentation, request additional information, temporarily delay payment, and determine whether payment should be released or refunded.

Simply Help is not obligated to investigate, mediate, arbitrate, or resolve disputes between Users. Any determination made by Simply Help regarding payment under this section is made solely for purposes of administering the Platform and does not constitute a legal determination regarding liability.

The Platform includes messaging functionality to facilitate communication regarding accepted Tasks. Messaging generally becomes available after a Helper accepts a Task and may become unavailable after payment has been released.

Users agree to use messaging professionally. Users may not use Platform messaging to harass or threaten another User, transmit unlawful content, solicit off-platform payments, spam other Users, or engage in fraud.

Simply Help reserves the right, to the extent permitted by law, to review communications for purposes of fraud prevention, safety, Platform integrity, enforcement of these Terms, and customer support.

Customers and Helpers may rate one another following completion of a Task. Ratings are intended to promote trust within the marketplace. Users agree to submit only truthful and honest reviews based upon their actual experience.

Simply Help may remove, edit, decline to publish, or otherwise moderate reviews that it reasonably determines are fraudulent, are submitted by someone who did not participate in the Task, contain threats or harassment, contain hate speech or unlawful discrimination, disclose personal information, violate another person's privacy, contain spam or promotional material, are submitted in exchange for compensation, are retaliatory or extortionate, are misleading, or otherwise violate these Terms or applicable law.

Simply Help will not remove a review solely because it is negative.

As between you and Simply Help, you retain ownership of the Content you submit or upload to the Platform.

By submitting or uploading Content, you grant Simply Help a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Content for purposes including operating and improving the Platform, marketing, advertising, social media, and current and future promotional materials. This license continues for as long as necessary to operate, promote, and maintain the Platform, and as otherwise required or permitted by applicable law.

This license extends to Content including profile photos, Task photos, completion photos, reviews, and messages, in each case to the extent permitted by applicable law.

You represent and warrant that you have all rights necessary to grant this license and that your Content does not infringe or violate the rights of any third party or any applicable law. Simply Help may remove any Content that violates these Terms or that it otherwise deems objectionable in its reasonable discretion.

The Platform and all related software, source code, website design, user interfaces, text, graphics, logos, trademarks, service marks, trade names, and other materials created or provided by Simply Help (excluding User Content) are owned by Simply Help or its licensors and are protected by intellectual property and other laws.

Subject to your compliance with these Terms, Simply Help grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for its intended purposes. No other rights are granted.

You may not, and may not permit others to:

• reverse engineer, decompile, or disassemble any part of the Platform;
• scrape, harvest, or index the Platform or its data;
• use bots, crawlers, or automated means to access the Platform;
• copy, reproduce, or create derivative works of the Platform;
• create fake Accounts; or
• introduce malware or otherwise interfere with the Platform's operation or security.

All rights not expressly granted to you are reserved by Simply Help.

The Platform relies on and may integrate with third-party services, including the Payment Processor and other service providers. Your use of those third-party services may be subject to separate terms and privacy policies maintained by those third parties.

Simply Help does not control and is not responsible for the acts, omissions, products, or services of any third party. Any dealings between you and a third party are solely between you and that third party.

Simply Help may modify, suspend, discontinue, or remove any feature, functionality, or component of the Platform, in whole or in part, at any time and for any reason, with or without notice, and without liability to you or any third party.

Simply Help does not guarantee that the Platform will be available at all times, uninterrupted, or error-free.

Simply Help may, from time to time, introduce additional features, products, or offerings, including subscriptions, memberships, premium services, promotional credits, and coupons. Any such feature or offering may be subject to additional terms, conditions, and pricing presented at the time it is made available.

Promotional credits and coupons have no cash value except as required by law, may be subject to expiration and usage limitations, and may be modified or discontinued by Simply Help at any time. Your use of any additional feature or offering constitutes your acceptance of any additional terms applicable to it.

Simply Help may investigate suspected fraud. Fraud includes, but is not limited to, fake Accounts, stolen payment methods, identity misrepresentation, fraudulent Tasks, fraudulent chargebacks, false refund requests, manipulation of ratings, collusion between Users, and repeated abuse of Platform policies.

Simply Help may suspend payments, freeze Accounts, or terminate Accounts while investigating suspected fraud.

If a Customer initiates a chargeback or payment dispute in bad faith after receiving services, Simply Help reserves the right to suspend the Customer's Account, recover amounts owed, contest the chargeback through the Payment Processor, and pursue any other remedies available under these Terms or applicable law.

Users remain responsible for all legitimate amounts owed under these Terms.

Simply Help reserves the right, in its sole discretion, to immediately restrict, suspend, or terminate any Account or any User's access to the Platform, with or without notice, for reasons including:

• fraud, fake Accounts, harassment, illegal activity;
• off-platform payments, violations of these Terms;
• repeated complaints, and repeated cancellations.

No prior investigation is required before a temporary suspension. Simply Help may, in its discretion, offer a User an opportunity to appeal a suspension or termination, but is not obligated to do so.

You may stop using the Platform and close your Account at any time. Termination does not relieve you of any obligations incurred before termination, including payment obligations, and the provisions of these Terms that by their nature should survive termination will survive as described in Section 50.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIMPLY HELP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, SIMPLY HELP MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: THE AVAILABILITY, ACCURACY, OR RELIABILITY OF THE PLATFORM; THE QUALIFICATIONS, IDENTITY, LICENSING, INSURANCE, OR CONDUCT OF ANY HELPER; THE CONDUCT OR IDENTITY OF ANY CUSTOMER; THE QUALITY, SAFETY, LEGALITY, OR COMPLETION OF ANY TASK; AND ANY INTERACTION OR TRANSACTION BETWEEN USERS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SIMPLY HELP OR THROUGH THE PLATFORM CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIMPLY HELP AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, DEATH, ECONOMIC LOSS, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, THE PLATFORM, ANY TASK, OR ANY INTERACTION BETWEEN USERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIMPLY HELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SIMPLY HELP SHALL NOT BE LIABLE FOR ANY INTERRUPTION, SUSPENSION, OR UNAVAILABILITY OF THE PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF SIMPLY HELP ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF PLATFORM FEES ACTUALLY PAID BY THE APPLICABLE USER TO SIMPLY HELP DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, SIMPLY HELP'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Simply Help and its officers, directors, members, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• your conduct or use of the Platform;
• any Task you post, accept, or perform;
• your violation of any law or the rights of any third party;
• any Content you submit or upload;
• your negligence or willful misconduct; and
• your breach of these Terms.

Simply Help reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Simply Help's defense of that matter.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Agreement to Arbitrate. Except as expressly provided below, you and Simply Help agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration on an individual basis, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act.

Exceptions. Notwithstanding the foregoing, either party may (a) bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property or unauthorized access to the Platform.

Arbitration Procedure.The arbitration shall be administered by a nationally recognized arbitration provider under its applicable consumer or commercial rules then in effect. The arbitration shall take place in Pinellas County, Florida, or be conducted by telephone or video where permitted by the arbitration provider's rules. The arbitrator shall apply the substantive law described in Section 41.

Informal Resolution First. Before initiating arbitration, the party raising a dispute agrees to first send a written notice describing the dispute and allow the other party sixty (60) days to attempt to resolve it informally.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to Simply Help at the contact address in Section 53 within thirty (30) days after first accepting these Terms. If you opt out, neither party will be required to arbitrate, and disputes will be resolved in the courts identified in Section 42.

If any portion of this Section 39 is found to be unenforceable, that portion shall be severed and the remainder shall continue to apply, except that if the Class Action Waiver in Section 40 is found unenforceable as to a particular claim, that claim shall proceed in court rather than in arbitration.

To the fullest extent permitted by applicable law, you and Simply Help agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this Class Action Waiver is found to be unenforceable as to a particular claim, that claim shall be severed and adjudicated in a court of competent jurisdiction identified in Section 42.

These Terms and any dispute arising out of or relating to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Florida and applicable federal law, without regard to conflict-of-laws principles.

Subject to Section 39 (Dispute Resolution and Binding Arbitration), any court proceeding permitted under these Terms shall be brought exclusively in the state or federal courts located in Pinellas County, Florida, and you consent to the personal jurisdiction of those courts.

Simply Help may modify these Terms from time to time. When Simply Help makes material changes, it will update the Effective Date and provide notice through the Platform or by other reasonable means.

Your continued use of the Platform after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.

By using the Platform, you consent to receive communications from Simply Help electronically, including by email, text message, and postings on the Platform. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

You agree that your electronic acceptance of these Terms, and your electronic actions on the Platform, constitute your electronic signature and have the same legal force and effect as a handwritten signature.

Simply Help shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, severe weather, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action, utility or internet failures, or failures of third-party service providers, including the Payment Processor.

You may not assign or transfer these Terms, or any of your rights or obligations under these Terms, without Simply Help's prior written consent. Simply Help may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Simply Help may provide notices to you through the Platform, by email, or by other reasonable means. You may provide notices to Simply Help at the contact address set forth in Section 53. Notices are deemed given when sent or posted.

No waiver of any provision of these Terms shall be effective unless in writing, and no failure or delay by Simply Help in exercising any right under these Terms shall constitute a waiver of that right or any other right.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions shall continue in full force and effect.

The provisions of these Terms that by their nature should survive termination will survive, including the provisions governing Taxes, payments owed, User Content and License, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution and Binding Arbitration, Class Action Waiver, Governing Law, Venue, and these general provisions.

These Terms are for the benefit of you and Simply Help only. Except as expressly provided in these Terms, these Terms do not create any third-party beneficiary rights in any person.

These Terms, together with the Privacy Policy and any other policies, guidelines, or additional terms referenced in or incorporated into these Terms and posted on the Platform, constitute the entire agreement between you and Simply Help regarding the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the same subject matter.

If you have questions about these Terms or need to provide notice to Simply Help, you may contact us at:

Simply Help L.L.C.
Email: support@getsimplyhelp.com