Terms of Service

Effective Date: August 01, 2023

Terms of Service for Non-European Users

These Terms of Service (“Terms”) constitute a legally binding agreement between you and OnlyMaids, governing your use of our platform (“OnlyMaids Platform”). In these Terms, “OnlyMaids,” “we,” “us,” or “our” refers to the OnlyMaids entity identified in Schedule 1, which you are entering into an agreement with.

The OnlyMaids Platform serves as an online marketplace that facilitates the connection between users (“Members”) to list, find, and book professional services. Members who offer services are referred to as “Service Providers,” and Members who seek, book, or utilize services are “Customers.” Service Providers offer a range of professional services (“Services”), each represented as a “Listing.” To access and utilize the features of the OnlyMaids Platform, you must register for an account and ensure the accuracy of your account information. OnlyMaids, as the provider of the platform, does not own, control, offer, or manage any Listings, Services, or related professional services. OnlyMaids is not a party to any agreements directly entered into between Service Providers and Customers. OnlyMaids does not act as an employment agency, service agency, or insurer. OnlyMaids does not act as an agent on behalf of any Member, unless explicitly outlined in the Payment Terms of Service (“Payment Terms”). For more details regarding OnlyMaids’ role, please refer to Section 16.

We also maintain additional terms and policies that complement these Terms, including our Privacy Policy, outlining our practices concerning the collection and usage of personal information, and our Payment Terms, governing payment services extended to Members by OnlyMaids payment entities, collectively referred to as “OnlyMaids Payments.”

If you are a Service Provider, it is your responsibility to understand and adhere to all applicable laws, regulations, rules, and agreements with third parties pertaining to your provision of Services.

Table of Contents

End User (“Customer”) Terms

1. Our Mission.
2. Searching and Booking on OnlyMaids.
3. Cancellations, Service Issues, Refunds, and Booking Adjustments.
4. Your Responsibilities and Assumption of Risk.

Service Provider (Maids, etc) Terms

5. Offering Services on OnlyMaids.
6. Managing Your Listing.
7. Cancellations, Service Issues, and Booking Adjustments.
8. Taxes.

General Terms

9. Reviews.
10. Content.
11. Fees.
12. OnlyMaids Platform Rules.
13. Termination, Suspension, and other Measures.
14. Modification.
15. Resolving Complaints and Damage Claims.
16. OnlyMaids’s Role.
17. Member Accounts.
18. Disclaimer of Warranties.
19. Limitations on Liability.
20. Indemnification.
21. Contracting Entities.
22. United States Governing Law and Venue.
23. United States Dispute Resolution and Arbitration Agreement.
24. China Governing Law and Dispute Resolution.
25. Brazil Governing Law and Venue.
26. Rest of World Dispute Resolution, Venue and Forum, and Governing Law.
27. Miscellaneous.

Schedule 1 – Contracting Entities

End User Terms

1. Our Mission.

Our mission at OnlyMaids is to connect you with professional services that fit your needs. Whether you’re looking for cleaning, maintenance, or other professional services, browse through our Listings to find the ones that suit your requirements. Learn more about a Listing by reviewing its description, service details, and provider profile. If you have questions, don’t hesitate to reach out to the Service Provider.

2. Searching and Booking on OnlyMaids.

2.1 Searching. You can search for professional services on OnlyMaids using various criteria such as the type of service, location, dates, and the number of service providers needed. Additionally, you can use filters to refine your search results. Search results are displayed based on their relevance to your search, considering factors like service availability, reviews, provider ratings, pricing, and other criteria. For more information on search results, please refer to our Help Center.

2.2 Booking. When you book a professional service, you agree to pay all charges associated with your booking, including the service price, applicable fees, taxes, and any other costs specified during the booking process (collectively, the “Total Cost”). You also consent to OnlyMaids, through OnlyMaids Payments, charging the payment method (as defined in the Payment Terms) you used for booking, to collect any Damage Claim (as defined in Section 15) amounts. Upon receiving the booking confirmation, a contract for professional services (a “Reservation”) is established directly between you and the Service Provider. In addition to these Terms, you are obligated to adhere to and comply with all terms outlined in the Reservation, including but not limited to the cancellation policy and any other rules, standards, policies, or requirements provided in the Listing or during the booking process. It is your responsibility to read and comprehend these regulations before booking a service. Please note that some Service Providers may work with assistants or teams to deliver their services.

2.3 Service Reservations. A Service Reservation permits you to access and utilize the professional service booked. The Service Provider retains the right to access the service location during your appointment if it is reasonably necessary, permitted by your agreement with the Service Provider, and in accordance with applicable laws. If you exceed the scheduled service duration, the Service Provider may request that you vacate the premises in accordance with applicable laws, including imposing reasonable fees for extended service. You must not exceed the maximum number of service recipients specified.

2.4 Reservations for Other Professional Services. A Reservation for other professional services entitles you to engage in or use those services. You are responsible for verifying that you and any individuals you invite meet the minimum requirements such as age, skill level, fitness, or other prerequisites specified. You must inform the Service Provider of any medical conditions, physical limitations, or other factors that could affect your ability to participate or use the professional service. Unless explicitly authorized, you may not include any person in the service unless they are added as an additional recipient during the booking process.

3. Cancellations, Service Issues, Refunds, and Booking Adjustments.

3.1 Cancellations, Service Issues, and Refunds. Generally, if you, as a Customer, need to cancel a Reservation, the refund amount is determined by the applicable cancellation policy for that Reservation. However, in certain circumstances, other policies may take precedence in determining the refund amount. If unforeseen circumstances beyond your control force you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Service Provider cancels or you encounter a Service Issue (as defined in our Rebooking and Refund Policy), you may be eligible for rebooking assistance or a partial or full refund in accordance with the Rebooking and Refund Policy. Different policies apply to specific categories of services; for instance, reservations for special services are subject to the Special Services Customer Refund Policy. Please refer to each Additional Legal Term or Policy for detailed information regarding coverage and refund eligibility in various situations.

3.2 Booking Adjustments. Customers and Service Providers are responsible for any booking adjustments they agree to make through the OnlyMaids Platform or by contacting OnlyMaids customer service for assistance (“Booking Adjustments”). They also agree to pay any additional charges, fees, or taxes associated with any Booking Adjustments.

4. Responsibilities and Assumption of Risk.

4.1 Your Responsibilities. You are solely responsible and accountable for your own actions and inactions, as well as for the actions and inactions of anyone you invite to engage in or access any Professional Service offered through OnlyMaids. This includes, but is not limited to, the following: (i) ensuring that the location where the service is provided, and any related personal property, is left in the same condition as when the service commenced, (ii) covering all reasonable amounts associated with Damage Claims to compensate for any damage caused by you, your guests, or your pets during the service, and (iii) conducting yourself with honesty, respect towards others, and adherence to all applicable laws. If you make a booking for a minor or bring a minor to a Professional Service, you must have the legal authority to act on behalf of the minor and are solely responsible for supervising them.

4.2 Your Assumption of Risk. You acknowledge that many professional services inherently involve certain risks. To the fullest extent allowed by applicable law, you accept full responsibility for any risks associated with your use of the OnlyMaids Platform and any Content (as defined in Section 10), which includes your engagement with any Professional Service, whether it involves service delivery at your location, participation in any service-related activity, or any other interaction you have with other Members, whether in person or online. Consequently, it is your obligation to thoroughly assess the suitability of a Professional Service for your needs. For instance, some Professional Services may entail the risk of illness, bodily harm, disability, or even death, and you willingly and knowingly assume these risks by choosing to utilize such Professional Services.

Service Provider Terms

5. Offering Services on OnlyMaids.

5.1 Service Provider. As a Service Provider, OnlyMaids provides you with the opportunity to utilize the OnlyMaids Platform to share your professional services with our vibrant community of Customers—and earn income while doing so. It’s a straightforward process to create a Listing, and you have complete control over how you provide your services—set your rates, availability, and service specifications for each Listing.

5.2 Agreement with Customers. When you accept a service request or receive a service confirmation through the OnlyMaids Platform, you are establishing a direct contractual relationship with the Customer. You are responsible for delivering your professional service in accordance with the terms and pricing indicated in your Listing. Additionally, you agree to pay any relevant fees, including OnlyMaids’s service fee (and applicable taxes) for each service engagement. OnlyMaids Payments will deduct any amounts due from your earnings unless we mutually agree to an alternative method. Any terms, policies, or conditions that you include in any supplementary agreement with Customers must: (i) align with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

5.3 Independence of Service Providers. Your association with OnlyMaids is that of an independent individual or entity, not an employee, agent, partner, or joint venturer of OnlyMaids. The exception to this is when OnlyMaids Payments acts as a payment collection agent, as described in the Payments Terms. OnlyMaids does not direct or oversee your provision of services, and you maintain complete discretion regarding whether to provide services, when to offer them, and at what price and terms.

6. Managing Your Listing.

6.1 Creating and Managing Your Listing. The OnlyMaids Platform provides tools to facilitate the setup and management of your Listing. Your Listing must contain accurate and comprehensive information about your professional service, your rates, any additional charges (such as cleaning fees or equipment rental fees), and any rules or requirements applicable to your Customers or Listing. You are responsible for keeping your Listing information (including availability on your calendar) and content (e.g., photos) current and accurate at all times. We recommend that you obtain appropriate insurance for your professional services and advise you to carefully review policy terms and conditions, including coverage details and exclusions. You may maintain only one Listing per professional service, but you may have multiple Listings for a single service category if you offer variations. Any offer of a unique service experience is subject to our Additional Terms for Experience Service Providers.

6.2 Understand Your Legal Obligations. You are responsible for comprehending and adhering to any applicable laws, regulations, rules, and agreements with third parties that pertain to your Listing or professional services. For instance: Some provinces or municipalities may restrict or prohibit cooking, cleaning, or other services without proper certifications or approval. Certain cities have regulations or other ordinances that impose restrictions on certain services. In some jurisdictions, Service Providers may be required to register, obtain permits, or secure licenses before offering specific professional services (e.g., food preparation, alcohol service, guided tours, or vehicle operation). In some regions, the professional services you intend to provide may be completely prohibited. Some jurisdictions may mandate that you register Customers who utilize your service. Certain areas have legislation establishing tenancy rights for Customers and additional obligations for Service Providers. Please check your local regulations to determine the applicable rules for the professional services you intend to offer. Any information provided by us concerning legal requirements is for informational purposes only, and you should independently verify your responsibilities. You are responsible for handling and managing the personal data of Customers and other individuals in compliance with applicable privacy laws and these Terms, including our Service Provider Privacy Standards. If you have questions regarding the application of local laws, we recommend seeking legal counsel.

6.3 Search Ranking. The positioning of Listings in search results on the OnlyMaids Platform is determined by several key factors, which include:

• Customer search criteria (e.g., the number of Customers, service timing and duration, price range).
• Listing attributes (e.g., service price, availability on the calendar, the quantity and quality of service-related images, Customer Reviews, type of professional service, Service Provider status, Listing age, Customer popularity).
• Customer booking experience (e.g., the Service Provider’s customer service track record and cancellation history, ease of booking).
• Service Provider requirements (e.g., minimum or maximum service durations, booking cutoff times).
• Customer preferences (e.g., past service engagements, saved Listings, the location from which the Customer is conducting the search).

Search results may vary between our mobile application and website. OnlyMaids may allow Service Providers to promote their Listings in search results or elsewhere on the OnlyMaids Platform by paying an additional fee. For more detailed information on the factors affecting your Listing’s appearance in search results, the current promotional programs (if any), and how promoted content is identified, please consult our Help Center.

6.4 Your Responsibilities. You are accountable and legally liable for your own actions and those of any individuals you permit to participate in delivering your professional services. You are also responsible for setting your service rates and establishing rules and requirements for your Listing. You must clearly detail all fees and charges in your Listing description and should not collect any additional fees or charges outside the OnlyMaids Platform, unless explicitly authorized by our Offline Fee Policy. You should not encourage Customers to create third-party accounts, submit reviews, share their contact information, or engage in activities outside the OnlyMaids Platform that violate our Off-Platform Policy.

6.5 Offering Services as a Team or Organization. If you collaborate with a Co-Provider or operate as part of a team, business, or another organization, both the entity and each individual involved in providing professional services assume responsibility and liability as Service Providers under these Terms. If you accept terms or enter into contracts, you affirm that you have the authority to enter into contracts on behalf of your team, business, or organization, and that each entity you represent is in good standing under the laws of its jurisdiction. If you perform other functions, you assert that you have the authorization to perform those functions. If you instruct OnlyMaids to transfer a portion of your earnings to a Co-Provider or other Service Providers or to send payments to another party, you must have the necessary authorization to do so, and you bear responsibility and liability for the payment amounts and the accuracy of any payout information you provide.

6.6 Your Assumption of Risk. You acknowledge that providing professional services entails inherent risks, and you agree that you assume full responsibility for any risks associated with your access to and use of the OnlyMaids Platform, the provision of your professional services, and any interactions you have with other Members, whether in person or online. You confirm that you have had the opportunity to explore the OnlyMaids Platform, as well as any applicable laws, regulations, rules, or obligations that may pertain to your Listings or professional services, and that you are not relying on any legal statements made by OnlyMaids.

8. Taxes.

8.1 Service Provider Taxes. As a Service Provider, it is your responsibility to ascertain and meet your obligations under applicable laws regarding the reporting, collection, remittance, or inclusion in your pricing of any relevant VAT or other indirect taxes, occupancy taxes, tourist taxes, income taxes, or any other taxes (“Taxes”).

8.2 Collection and Remittance by OnlyMaids. In locations where OnlyMaids facilitates the collection and/or remittance of Taxes on behalf of Service Providers, you authorize and instruct OnlyMaids to collect Taxes on your behalf and/or remit these Taxes to the relevant Tax authority. Any Taxes collected and/or remitted by OnlyMaids are clearly indicated on the transaction records of Members, as appropriate. In case the Taxes collected and/or remitted by OnlyMaids are insufficient to fully cover the Member’s tax obligations, OnlyMaids may seek additional amounts from Members (which could include deducting such amounts from future earnings). You agree that your sole recourse for Taxes collected by OnlyMaids is a refund from the applicable Tax authority. You acknowledge and consent that we retain the right, with advance notice to affected Members, to discontinue the collection and remittance of Taxes in any jurisdiction for any reason.

8.3 Tax Information. In specific jurisdictions, Tax regulations may necessitate that we collect and/or report Tax-related information about you, or withhold Taxes from your earnings, or both. Should you fail to furnish us with documentation that we determine to be adequate to support any obligation to withhold Taxes from your earnings, we may withhold payouts to the extent required by law until adequate documentation is provided. You grant OnlyMaids permission to issue invoices or similar documentation for VAT, GST, consumption taxes, or other Taxes for your professional services to facilitate precise tax reporting by you, our Customers, and/or their organizations.

8.4 Quebec Sales Tax. Regarding taxes applicable to services rendered to Service Providers or Customers under the Act respecting Quebec sales tax, unless (i) the consideration paid or payable for the services rendered to you, and (ii) the amount of Quebec sales tax payable (if any) for such services, are distinctly displayed and presented to you, the service fees are considered to include any Quebec sales tax payable for such services. No VAT invoice will be issued concerning taxes applicable to services provided to Service Providers or Customers under the Act respecting Quebec sales tax.

General Terms

9. Reviews.

Following each professional service engagement, Customers and Service Providers will have an opportunity to review each other. Your Review must be truthful and may not contain any discriminatory, offensive, defamatory, or other language that contravenes our Content Policy or Review Policy. Reviews are not verified by OnlyMaids for accuracy and may potentially be erroneous or misleading.

10. Content.

Certain sections of the OnlyMaids Platform allow you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, regardless of its format or the method used, you grant OnlyMaids a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, create derivative works from, distribute, publish, and otherwise utilize that Content, without any limitations. If your Content includes personal information, our Privacy Policy outlines how we handle such personal information. In cases where OnlyMaids finances or facilitates the creation of Content, OnlyMaids may possess ownership of that Content, in which case additional terms or disclosures will indicate this. You bear sole responsibility for all Content that you furnish and assert that you either own it or have the authorization to grant OnlyMaids the rights described in these Terms. You are liable and accountable if any of your Content violates or infringes upon the intellectual property or privacy rights of any third party. Content must adhere to our Content Policy and Non-Discrimination Policy, which forbid, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You consent to OnlyMaids offering services or automated tools for the translation of Content, and acknowledge that your Content may be translated using such services or tools. OnlyMaids does not guarantee the accuracy or quality of translations, and Members are responsible for verifying the accuracy of such translations.

11. Fees.

OnlyMaids may impose fees (and relevant Taxes) on Service Providers and Customers for the use of the OnlyMaids Platform. Additional details about when service fees are applicable and their calculation can be found on our Service Fees page. Unless otherwise indicated on the OnlyMaids Platform, service fees are non-refundable. OnlyMaids retains the right to modify service fees at any time and will provide Members with advance notice of fee changes prior to their effective date. Fee adjustments will not impact bookings made before the effective date of the fee alteration. If you disagree with a fee modification, you have the option to terminate this agreement at any time in accordance with Section 13.2.

12. OnlyMaids Platform Rules.

12.1 Rules. You are required to adhere to these rules and must not aid or encourage others to violate or circumvent these rules.

Act with integrity and treat others with respect:

• Be honest and transparent; do not misrepresent yourself or others, or impersonate someone else.
• Maintain politeness and respect when communicating or interacting with others.
• Abide by our Non-Discrimination Policy and refrain from discriminating against or harassing others.

Do not compromise the integrity or security of the OnlyMaids Platform:

• Do not employ scraping, hacking, reverse engineering, or any other methods to gain unauthorized access, collect data, or interact with the OnlyMaids Platform.
• Do not engage in hacking, evasion, removal, impairment, or any other attempts to bypass security or technological measures in place to safeguard the OnlyMaids Platform or its content.
• Do not attempt to decipher, decompile, disassemble, or reverse engineer any software or hardware used to provide the OnlyMaids Platform.
• Avoid any actions that may harm or adversely affect the performance or proper operation of the OnlyMaids Platform.

Use the OnlyMaids Platform only as authorized by these Terms or other agreements with us:

• Access another Member’s personal information solely for the purpose of facilitating a transaction through the OnlyMaids Platform, as permitted by these Terms.
• Obtain explicit consent from the recipient before sending commercial messages via the OnlyMaids Platform, our messaging tools, or Members’ personal information.
• Utilize Content provided by the OnlyMaids Platform solely as necessary to enable your use of the platform as a Customer or Service Provider.
• Seek permission from the Content owner before using Content or use it as authorized in these Terms or any other agreement with us.

Conduct all transactions within the OnlyMaids Platform:

• Do not request, make, or accept bookings or payments outside of the OnlyMaids Platform to evade fees, taxes, or for any other reason, unless outlined in our Offline Fee Policy.
• Do not compel or encourage Customers to engage with third-party websites, applications, or services before, during, or after a service request, unless approved by OnlyMaids.
• Do not engage in practices aimed at manipulating our search algorithm.
• Book services through the OnlyMaids Platform only when you intend to use them.

Respect legal obligations:

• Comply with applicable laws, including privacy, data protection, and export laws.
• When providing another person’s personal information, ensure compliance with applicable laws, obtain the necessary authorization, and grant us permission to process the information in accordance with our Privacy Policy.
• Familiarize yourself with and adhere to our Terms, Additional Legal Terms, Policies, and Standards.
• Refrain from organizing or facilitating unauthorized parties or events during your service engagement, as outlined in our rules for parties and events.
• Obtain permission before using OnlyMaids’ name, logo, branding, or trademarks, following the guidelines set forth in our Trademark Guidelines.
• Avoid using or registering domain names, social media handles, trade names, trademarks, branding, logos, or other source identifiers that may be confused with OnlyMaids branding.
• Do not offer services that violate applicable laws or agreements.
• Do not engage in or facilitate prostitution, human trafficking, or related activities.

12.2 Reporting Violations. If you believe that a Member, Listing, or Content presents an immediate risk of harm to a person or property, you should promptly contact local authorities before reaching out to OnlyMaids. Moreover, if you suspect that a Member, Listing, or Content has violated our Standards, please report your concerns to OnlyMaids. In cases where you have reported an issue to local authorities, OnlyMaids may request a copy of the report. Unless required by law, you acknowledge that we are not obligated to take action in response to every report.

12.3 Copyright Notifications. If you believe that Content on the OnlyMaids Platform infringes upon copyrights, kindly notify us in accordance with our Copyright Policy.

13. Termination, Suspension, and Other Measures.

13.1 Term. The agreement between you and OnlyMaids, as reflected in these Terms, commences when you access the OnlyMaids Platform (for example, by creating an account) and remains in effect until either party terminates the agreement as per these Terms.

13.2 Termination. You have the right to terminate this agreement at any time by sending us an email or by deleting your account. OnlyMaids reserves the right to terminate this agreement and your account, providing you with a 30-day notice via email or by using any other contact information you have supplied for your account. Furthermore, OnlyMaids may terminate this agreement immediately, without notice, and cease providing access to the OnlyMaids Platform if you violate these Terms, breach our Additional Legal Terms or Policies, infringe applicable laws, or if termination is deemed necessary to safeguard OnlyMaids, its Members, or third parties. In cases where your account has remained inactive for over two years, we may terminate your account without prior notice.

13.3 Member Violations. If (i) you violate these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you infringe upon applicable laws, regulations, or third-party rights, or (iii) OnlyMaids deems it reasonably necessary to protect OnlyMaids, its Members, or third parties, OnlyMaids may, with or without prior notice:

• Suspend or restrict your access to the OnlyMaids Platform and/or your account.
• Suspend or remove Listings, Reviews, or other Content.
• Cancel pending or confirmed bookings.
• Suspend or revoke any special status linked to your account.

For minor violations or where deemed appropriate at OnlyMaids’ sole discretion, you will receive notice of any intended action by OnlyMaids and an opportunity to resolve the issue. You may contest actions taken by us under this Section by contacting customer service. In the event of a Reservation cancellation under this Section, the amount paid to the Service Provider will be reduced by the amount refunded to the Customer, and any additional costs incurred due to the cancellation.

13.4 Legal Mandates. OnlyMaids may undertake any action it deems reasonably necessary to comply with applicable law, or pursuant to a court order, request from law enforcement, or another administrative agency or governmental entity, including the measures detailed in Section 13.3.

13.5 Effect of Termination. If you are a Service Provider and decide to terminate your OnlyMaids account, any confirmed bookings will be automatically canceled, and Customers will receive full refunds. Should you terminate your account as a Customer, any confirmed bookings will be automatically canceled, and the refund will be subject to the terms of the Reservation’s cancellation policy. Upon termination of this agreement, you are not entitled to the reinstatement of your account or any of your Content. In cases where your access to the OnlyMaids Platform has been limited, or your OnlyMaids account has been suspended, or this agreement has been terminated by us, you are prohibited from registering a new account or accessing or using the OnlyMaids Platform through another Member’s account.

13.6 Survival. Provisions of these Terms that, by their nature, should survive termination will continue to apply even after the termination of this agreement. These include Sections 2 through 26.

14. Modification.

OnlyMaids reserves the right to modify these Terms at any time. When significant changes are made to these Terms, we will post the revised Terms on the OnlyMaids Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any significant changes via email at least 30 days before they take effect. If you disagree with the revised Terms, you have the option to terminate this agreement immediately, as outlined in these Terms. Failure to terminate your agreement before the effective date of the revised Terms implies your continued acceptance of these updated Terms and your continued access to or use of the OnlyMaids Platform.

15. Resolving Complaints and Damage Claims.

If a Member provides valid evidence that you, your staff, or your equipment caused damage to the complainant’s real or personal property, or to real or personal property for which the complainant is responsible, including consequential damages (“Damage Claim”), the complainant can notify OnlyMaids and/or seek compensation through the Resolution Centre. You will be informed of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to OnlyMaids and OnlyMaids, at its sole discretion, determines that the Damage Claim is valid and you are liable for it, OnlyMaids, through OnlyMaids Payments, may collect the amount of the Damage Claim from you. You acknowledge that OnlyMaids may also seek to recover from you under any insurance policies you hold and may pursue any remedies available under applicable law, including referring the matter to a collections agency and pursuing available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information requested by OnlyMaids, execute necessary documents, and take other reasonable actions in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of professional services.

16. OnlyMaids’ Role.

We provide you with a platform that enables Members to publish, offer, search for, and book professional services. While we strive to ensure that Members have excellent experiences using OnlyMaids, we cannot control the conduct of Customers and Service Providers. You acknowledge that OnlyMaids has the right, but not the obligation, to monitor the use of the OnlyMaids Platform and verify the information provided by our Members. For instance, we may review, disable access to, remove, or edit Content in order to: (i) operate, secure, and enhance the OnlyMaids Platform (including for purposes such as fraud prevention, risk assessment, investigation, and customer support); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or a court order, law enforcement request, or other administrative or governmental body’s order or requirement; (iv) address Content that we determine is harmful or objectionable; (v) take actions as outlined in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, which may include removing Listings that do not meet quality and eligibility criteria. Members acknowledge and agree that OnlyMaids administers its Additional Legal Terms, Policies (such as our Dispute Resolution Policy), and Standards (such as basic requirements for Service Providers) at its sole discretion, including decisions regarding whether and how to apply them to a particular situation. Members pledge to cooperate with and assist OnlyMaids in good faith and to provide OnlyMaids with the necessary information and actions reasonably requested by OnlyMaids regarding any investigations conducted by OnlyMaids concerning the use or misuse of the OnlyMaids Platform. OnlyMaids does not act as an agent for any Member, except when OnlyMaids Payments serves as a collection agent, as outlined in the Payments Terms.

17. Member Accounts.

To access and utilize many features of the OnlyMaids Platform, you must register an account. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years of age or older. By registering, you represent and warrant that you are not prohibited from using the OnlyMaids Platform by the laws of the United States, your place of residence, or any other applicable jurisdiction. During registration, you must provide accurate, current, and complete information and ensure that your account information remains up to date. You may not create more than one account or transfer your account to another individual. You are responsible for maintaining the confidentiality and security of your account credentials and must not disclose them to any third party. You are accountable and liable for any activities conducted through your account and must promptly notify OnlyMaids if you suspect that your credentials have been lost, stolen, or if your account is otherwise compromised. To the extent permitted by applicable law, we may, but have no obligation to, take measures such as (i) requesting identification or other information from you; (ii) conducting checks designed to verify your identity or background; (iii) screening you against third-party databases or other sources and requesting reports from service providers; and (iv) obtaining reports from public records concerning criminal convictions or sex offender registrations or their local equivalents.

18. Disclaimer of Warranties.

OnlyMaids offers the OnlyMaids Platform and all Content “as is,” without any form of warranty, whether expressed or implied. This means, among other things: (i) we do not endorse or guarantee the existence, behavior, performance, safety, quality, legality, or suitability of any Service Provider, Customer, Service, Listing, or third party; (ii) we do not warrant the continuous operation or uninterrupted use of the OnlyMaids Platform; and (iii) we do not warrant that any verification, identity checks, or background checks (if conducted) on Service Providers or Customers will identify past or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) only indicate that the Member, Listing, or OnlyMaids has completed a relevant verification or identification process and nothing more. These disclaimers in these Terms apply to the fullest extent permitted by law. If you have statutory rights or warranties that we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the fullest extent permitted by law.

19. Limitations on Liability.

Neither OnlyMaids (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the OnlyMaids Platform or any Content will be liable for any indirect, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, or the cost of substitute products or services, or for any damages for personal injury, bodily harm, or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the OnlyMaids Platform or any Content, (iii) any communications, interactions, or meetings you may have with someone you interact or meet with through, or as a result of, your use of the OnlyMaids Platform, or (iv) publishing or booking of a Listing, including the provision or use of professional services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not OnlyMaids has been informed of the possibility of such damage, even if a limited remedy as outlined in these Terms is found to have failed in its essential purpose.

Except for our obligation to facilitate payments to Service Providers under these Terms or make payments under the OnlyMaids Service Protection or any applicable insurance, in no event will OnlyMaids’ aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the OnlyMaids Platform, any Content, or any professional service, exceed: (A) to Customers, the amount you paid as a Customer during the 12-month period prior to the event giving rise to the liability, (B) to Service Providers, the amount paid to you as a Service Provider in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred US dollars ($100 USD).

These limitations of liability and damages are fundamental elements of the agreement between you and OnlyMaids. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

20. Indemnification.

To the fullest extent permitted by applicable law, you agree to release, defend (at OnlyMaids’ option), indemnify, and hold OnlyMaids (including OnlyMaids Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms applicable to a product or feature) or our Additional Legal Terms, Policies, or Standards, (ii) your improper use of the OnlyMaids Platform, (iii) your interaction with any Member, service provided through a Listing, participation in a professional service, or other Professional Service, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, service, participation, or use, (iv) your failure, or our failure at your direction, to accurately report, collect, or remit Taxes, or (v) your breach of any laws, regulations, or third-party rights such as intellectual property or privacy rights.

21. Contracting Entities.

Depending on your country of residence or establishment and your activity on the OnlyMaids Platform, Schedule 1 below specifies the OnlyMaids entity with which you are entering into an agreement. If, through the OnlyMaids Platform, we identify an OnlyMaids entity other than the one indicated on Schedule 1 as responsible for a product, feature, or transaction, that OnlyMaids entity will be your contracting entity for that product, feature, or transaction. If you change your country of residence or establishment, the OnlyMaids company you contract with (as indicated on Schedule 1) and the relevant version of the Terms of Service will be determined by your new country of residence or establishment, starting from the date on which your country of residence or establishment changes.

22. Governing Law and Venue.

If you reside or have your place of establishment in the United States, these Terms will be governed by and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (excluding small claims actions) exempted from the arbitration agreement in Section 23 must be brought in a state or federal court in San Francisco, California, unless both parties agree to another location. You and we both consent to the jurisdiction and venue of courts in San Francisco, California.

23. Dispute Resolution and Arbitration Agreement.

If you are a resident of the Province of Quebec, the arbitration agreement and class action waiver in this Section do not apply to any legal proceeding you bring against OnlyMaids in the Province of Quebec; nor does this Section apply to any resident of Canada or resident of any country other than the United States, subject to Section 23.1. Disputes involving residents of Canada are governed by Section 26.

23.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against OnlyMaids in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

23.2 Overview of Dispute Resolution Process. OnlyMaids is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with OnlyMaids’ customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and OnlyMaids each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

23.3 Mandatory Pre-Dispute Resolution and Notification. At least 30 days before initiating arbitration, you and OnlyMaids both agree to inform the other party about the dispute in writing and make good-faith efforts to negotiate an informal resolution. You must send your dispute notice to OnlyMaids by mail to OnlyMaids’ service agent: 314 W Cordova St #211, Vancouver, BC V6B 1E8. OnlyMaids will send its dispute notice to the email address associated with your OnlyMaids account. Your dispute notice should include your name, contact information, a brief description of the dispute, and the relief you seek. If the parties cannot resolve the dispute within the 30-day period, either party may then commence arbitration by filing a written Demand for Arbitration (available at www.adr.org)  with the American Arbitration Association (AAA) and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

23.4 Agreement to Arbitrate. You and OnlyMaids mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the OnlyMaids Platform, professional services, or any Content (collectively, “Disputes”) will be resolved through binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and OnlyMaids agree that the arbitrator will decide that issue.

23.5 Exceptions to Arbitration Agreement. You and OnlyMaids both agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be pursued through judicial proceedings in a court with competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief due to exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for public injunctive relief; or (iv) any individual claim related to sexual assault or sexual harassment arising from your use of the OnlyMaids Platform or professional services. You and OnlyMaids agree that public injunctive relief will proceed after arbitration of all arbitrable claims, remedies, or causes of action and will be stayed pending the outcome of the arbitration as per Section 3 of the Federal Arbitration Act.

23.6 Arbitration Rules and Governing Law. This Arbitration Agreement demonstrates a transaction in interstate commerce, and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator following the Consumer Arbitration Rules and/or other AAA arbitration rules determined applicable by the AAA (the “AAA Rules”) in effect at the time, except as modified herein. You can initiate arbitration by filing a completed written demand (available at www.adr.org)  with the AAA and providing it to the other party as specified in the AAA Rules.

23.7 Modification to AAA Rules – Arbitration Hearing/Location. For your convenience, OnlyMaids agrees that any necessary arbitration hearing may be conducted, at your choice: (a) in the county within Canada where you reside; (b) in Vancouver province; (c) via phone or video conference. If the dispute involves $5,000 CAD or less, the parties agree to proceed solely based on document submissions to the arbitrator.

23.8 Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may request the arbitrator to award attorneys’ fees and costs upon demonstrating that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for harassment purposes, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

23.9 Arbitrator’s Decision. The arbitrator’s decision will include essential findings and conclusions on which the award is based. The arbitration award may be entered in any court with proper jurisdiction. The arbitrator may grant any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be granted only on an individual basis and only as necessary to provide relief warranted by the claimant’s individual claim.

23.10 Jury Trial Waiver. You and OnlyMaids acknowledge and agree that both parties are waiving the right to a trial by jury for all arbitrable Disputes.

23.11 No Class Actions or Representative Proceedings. You and OnlyMaids acknowledge and agree that, to the maximum extent allowed by law, both parties are waiving the right to participate as a plaintiff or class member in any alleged class-action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless mutually agreed in writing, the arbitrator may not consolidate claims from multiple parties or preside over any form of class or representative proceeding. If there is a final judicial determination that applicable law prevents enforcement of the waiver outlined in this paragraph concerning any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy, but only that one, will be severed from this agreement to arbitrate and will be brought in a court with competent jurisdiction. In such an event, both parties agree that the claims, causes of action, or requested remedies not subject to arbitration will be stayed until all arbitrable claims, causes of action, and requested remedies are resolved through arbitration.

23.12 Severability. Except as outlined in Section 23.11, in the event that any part of this Arbitration Agreement is considered unlawful or unenforceable, that portion will be severed, and the remainder of the Arbitration Agreement will remain in full force and effect.

23.13 Changes to Agreement to Arbitrate. If OnlyMaids amends this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by providing written notice to us (including via email) within 30 days from the effective date of the change. However, rejecting a new change does not revoke or alter your prior consent to any previous agreements to arbitrate Disputes between you and OnlyMaids (or any subsequent changes to them), which will remain effective and enforceable regarding any Dispute between you and OnlyMaids.

23.14 Survival. Except as outlined in Section 23.12 and subject to Section 13.6, this Section 23 will remain in effect following any termination of these Terms, and will continue to apply even if you cease using the OnlyMaids Platform or close your OnlyMaids account.

24. Governing Law and Dispute Resolution for China.

24.1 Domestic Transactions in China. If you reside or have your place of establishment in China and are entering into an agreement with OnlyMaids China, these Terms and Section 24.1 are governed by the laws of the People’s Republic of China. In such cases, any dispute arising from or in connection with these Terms or the use of the OnlyMaids Platform shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration in accordance with the Commission’s arbitration rules prevailing at the time of application for arbitration. The arbitral award is final and binding on both parties. The tribunal shall consist of three (3) arbitrators. The seat of arbitration shall be Beijing, and the arbitration language shall be English.

24.2 Cross-border Transactions. If you reside or have your place of establishment in China and are engaging with OnlyMaids, Inc., or any other non-China entity, these Terms and this Section 24.2 are governed by the laws of Singapore. In this case, any dispute arising from or in connection with these Terms or the use of the OnlyMaids Platform, including questions about the existence, validity, or termination of these Terms, shall be referred to and ultimately resolved through arbitration administered by the Singapore International Arbitration Centre (“SIAC”) following the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) currently in force, which rules are considered integrated into this clause. The arbitration proceedings shall be conducted in Singapore, and the tribunal shall consist of three (3) arbitrators. The arbitration shall be conducted in the English language.

24.3 Without Limitation Provisions. Sections 24.1 and 24.2 mentioned above are intended to be independent of any conflict-of-laws provisions and should not be construed to restrict any rights that OnlyMaids may have to seek any court of competent jurisdiction to compel you to perform or prohibit you from performing certain acts and other interim relief allowed under the laws of Singapore, the People’s Republic of China, or any other applicable laws that may apply to you.

25. Brazil Governing Law and Venue. If you reside or have your place of establishment in Brazil, these Terms will be construed in accordance with the laws of Brazil, without consideration of conflict-of-law provisions. Any legal actions you may bring against us arising from or related to these Terms must be initiated in a court located in Brazil.

26. Rest of World Dispute Resolution, Venue and Forum, and Governing Law. If you reside or have your place of establishment outside of the United States, China, and Brazil, this Section applies to you, and these Terms will be construed in accordance with Irish law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not be applied. As an individual consumer, you may bring any legal actions related to these Terms to the competent court in your place of residence or the competent court in OnlyMaids’ registered office in Ireland. If OnlyMaids wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of your place of residence. If you are acting as a business, you consent to the exclusive jurisdiction of the Irish courts.

27. Miscellaneous.

27.1 Other Terms Incorporated by Reference. Our Professional Services Damage Protection, Japan Host Insurance Terms, Rebooking and Refund Policy, Professional Services Customer Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards, and other supplemental policies and terms linked to in these Terms are applicable to your use of the OnlyMaids Platform, are integrated by reference, and constitute part of your agreement with OnlyMaids.

27.2 Interpretation of these Terms. These Terms (including those elements incorporated by reference), unless supplemented by additional terms, conditions, policies, guidelines, standards, and in-product notices, constitute the entire agreement between OnlyMaids and you regarding your access to or use of the OnlyMaids Platform, and supersede all prior oral or written agreements or understandings between OnlyMaids and you. These Terms do not and are not intended to confer any rights or remedies on anyone other than you and OnlyMaids. If any provision of these Terms is deemed invalid or unenforceable, it will be removed, and it will not affect the validity and enforceability of the remaining provisions. In these Terms, the use of the word “will” implies an obligation with the same meaning as “shall.”

27.3 No Waiver. OnlyMaids’ failure to enforce any right or provision in these Terms will not constitute a waiver of that right or provision unless we acknowledge and agree to it in writing. Except as expressly stated in these Terms, the exercise of any remedies by either party under these Terms will not prejudice other remedies available under these Terms or permitted by law.

27.4 Assignment. You may not assign, transfer, or delegate this agreement or your rights and responsibilities under it without the prior written consent of OnlyMaids. OnlyMaids, at its sole discretion and with 30 days’ prior notice, may assign, transfer, or delegate this agreement and any rights and obligations under it without restriction.

27.5 Notice. Unless stated otherwise, all notices or other communications to Members that are permitted or required under this agreement will be provided electronically and communicated by OnlyMaids through email, notifications on the OnlyMaids Platform, messaging services (including SMS and WeChat), or any other contact method we enable and you provide. If a notice pertains to a booking or Listing in Japan, you acknowledge and agree that electronic notifications, in lieu of a written statement, fulfill OnlyMaids’ obligations under Article 59 (1) of the Japanese Housing Accommodation Business Act.

27.6 Third-Party Services. The OnlyMaids Platform may include links to third-party websites, applications, services, or resources (“Third-Party Services”) that are governed by their distinct terms and privacy practices. OnlyMaids holds no responsibility or liability for any aspect of these Third-Party Services, and the presence of links to such Third-Party Services does not imply endorsement.

27.7 Translation Disclaimer. Some translations on the OnlyMaids Platform are powered by Google. Google disclaims all warranties related to these translations, whether express or implied, including warranties of accuracy, reliability, merchantability, fitness for a particular purpose, and non-infringement. Certain sections of the OnlyMaids Platform may use Google Maps/Earth mapping services, including Google Maps API(s). Your utilization of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

27.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to abide by Apple’s Licensed Application End User License Agreement.

27.9 OnlyMaids Platform Content. Content accessible through the OnlyMaids Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights related to this Content are the exclusive property of OnlyMaids and/or its licensors. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices. Except as expressly permitted in these Terms or when you are the legal owner of the Content, you may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Content accessed through the OnlyMaids Platform. Subject to your compliance with these Terms, OnlyMaids grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the OnlyMaids Application on your personal device(s); and (ii) access and view the Content made available on or through the OnlyMaids Platform and accessible to you, solely for your personal and non-commercial use.

27.10 OnlyMaids.org. OnlyMaids.org is a non-profit corporation exempt from income taxation under US Internal Revenue Code Section 501(c)(3), operating as a public charity. OnlyMaids.org is not owned or controlled by OnlyMaids. OnlyMaids.org manages various charitable programs that benefit our Service Providers, Customers, and the public.

27.11 Force Majeure. OnlyMaids will not be held liable for any delay or failure to perform resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, epidemics, or disease, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

27.12 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your OnlyMaids account. Subscribing to additional email programs will not affect the frequency of these administrative emails, although you may expect additional emails related to the subscribed programs. You may also receive promotional emails from us. While there is no charge for these promotional emails, third-party data rates may apply. You have control over receiving promotional emails by adjusting your notification preferences in your account settings. Please be aware that disabling specific communication settings or not having an OnlyMaids account may prevent you from participating in certain promotions. In the US, if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.

27.13 Contact Us. If you have any inquiries about these Terms, please reach out to us via email.