Terms of Service

1.What Help is

Help introduces people who need a short job done ("posters") to people willing to do it ("workers"). Averentium operates the marketplace, collects the payment for a job and pays the worker. Averentium is not a party to the contract between a poster and a worker, does not employ workers, does not supervise, direct or control how a job is performed, and does not guarantee the quality, safety or legality of any job or the conduct of any person.

2.Your account

You must be at least 18 years old, able to enter a binding contract, and located in the United States. You must give your true legal name and date of birth and keep your contact details current. One account per person; you may not share, sell or transfer it. You are responsible for everything done through your account and for keeping your sign-in method secure. Tell us at once if you believe someone else has used it.

3.Two ways to use Help

When you create an account you choose to post jobs only, or to work and post jobs, and you may change that choice at any time from your profile. Posting a job needs nothing more than a way to pay. Working paid jobs needs worker setup: a payout account, identity information and tax information, collected as section 6 describes. Until setup is complete you may post jobs but you may not accept a paid job.

4.Posting a job

When you post a job you describe the work honestly and completely, including anything a worker should know to do it safely, and you set the amount you will pay. You agree to pay that amount plus the Help service fee and the payment cost shown to you before you post, as the Payment Agreement sets out. Posting the job authorises the charge. You confirm completion honestly and promptly when the work is done as described, because confirming is what releases the worker's payment.

5.Doing a job

When you accept a job you agree to do it as described, to start it only when you are at the address, to capture the required completion photographs in the app, and to obey the law and any licensing rule that applies to the work. You are an independent contractor and not an employee of Averentium or of the poster. The Independent Contractor Agreement governs your work in more detail.

6.Payments and Stripe

Payments through Help are processed by Stripe, Inc. and its affiliates ("Stripe"). A poster pays Averentium; Averentium pays the worker by a separate transfer after the poster confirms completion. Payout accounts for workers are provided by Stripe. Averentium never sends you to Stripe's website and never asks you to create a Stripe login: everything happens inside Help.

By completing worker setup you agree to the Stripe Connected Account Agreement, available at https://stripe.com/connect-account/legal, which incorporates the Stripe Services Agreement. You authorise Averentium to record your acceptance of it on your behalf, including the date, the network address and the device it was given from, and to provide Stripe the information Stripe requires to open and maintain your payout account. If Stripe updates the Stripe Connected Account Agreement, your continued use of the payout account is your acceptance of the update, as that agreement provides.

Identity, tax and bank details are collected by Stripe directly, inside screens Stripe provides within Help. Averentium receives the result of Stripe's checks and the status of your account. It never receives or stores your Social Security number or your bank account number. Averentium may share information about you and your jobs with Stripe as needed to process payments, verify identity, prevent fraud, meet tax reporting obligations and comply with the law. The Payment Agreement sets out fees, timing, refunds, disputes and reversals.

7.Taxes

Workers are independent contractors and are responsible for their own taxes. Where the law requires, Averentium, through Stripe, reports payments made to workers to federal and state tax authorities and provides the applicable tax documents. The Independent Contractor Agreement and the Payment Agreement say how tax information is collected, when a Form 1099 is issued, and what happens if valid tax information is not provided. Averentium does not prepare or file anyone's personal tax return and does not give tax advice.

8.Conduct

No unlawful, unsafe, dishonest, harassing or discriminatory behaviour. No jobs that involve illegal activity, weapons, controlled substances, sexual services, harm to a person under 18, or work that requires a licence you do not hold. No moving a job, or its payment, outside Help once it has been arranged through Help. No use of another person's identity, no false reports, and no interference with the app, the site or the records they keep.

9.Ratings, reports and enforcement

Posters and workers rate each other and may report a job. Averentium may review the record kept for a job, including its photographs, times and positions, and may warn, suspend or close an account, refuse a job, hold a payment that is under dispute, or take any other step it considers necessary to keep the marketplace safe. Repeated reports of poor work lead to suspension and may lead to a permanent ban, which is enforced against your legal name and date of birth. We may report unlawful conduct to law enforcement.

10.Disputes between users

Disputes about a job are between the poster and the worker. Averentium may review the record and may decide whether a payment is released, refunded or reversed under the Payment Agreement, but it does not adjudicate claims between users and owes no duty to either side to do so.

11.Electronic communications and delivery

You agree that agreements, notices, disclosures, receipts, statements and other communications may be provided to you electronically, in the app, on averentium.com or by email to the address on your account, and that electronic delivery satisfies any requirement that they be in writing. Keep your email address current. You may ask for a paper copy of any document, or withdraw this consent, by writing to the support address published on averentium.com; withdrawing it may mean you can no longer use Help. Your consent to receive an official tax form electronically is given separately, in the tax information screens, and can be withdrawn there.

12.Intellectual property and your content

Help, its design, its software and its marks belong to Averentium or its licensors, and you may use them only as Help offers them. You keep what you create. You grant Averentium a licence to store, display and use the descriptions, photographs and other content you submit as needed to operate Help, to keep the record of a job, to resolve a report and to comply with the law.

13.Disclaimers

Help is provided as is and as available. To the fullest extent the law allows, Averentium disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and makes no promise that Help will be uninterrupted, error-free or secure, that any job will be posted, accepted or completed, or that any person is who they say they are.

14.Limitation of liability

To the fullest extent the law allows, Averentium and its members, managers, officers, employees and agents are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profit, data or goodwill, arising out of or in connection with Help or any job arranged through it, however caused and under any theory of liability, even if advised of the possibility. To the same extent, Averentium's total liability for all claims arising out of or relating to Help or these terms is limited to the greater of the Help service fees you paid to Averentium in the twelve months before the event giving rise to the claim and one hundred United States dollars.

15.Indemnity

To the fullest extent the law allows, you agree to defend, indemnify and hold harmless Averentium and its members, managers, officers, employees and agents from any claim, demand, loss, liability, damage or expense, including reasonable legal fees, brought by a third party and arising out of your use of Help, a job you posted or performed, your content, or your breach of these terms or of the law.

16.Arbitration and class action waiver

Read this section carefully. It affects your rights.

Before starting a formal proceeding, you and Averentium agree to try to resolve any dispute informally: the party raising it sends the other a written notice describing the claim and the relief sought, and both negotiate in good faith for thirty days. Averentium's address for notices is the one published on averentium.com.

If the dispute is not resolved, you and Averentium agree that any claim arising out of or relating to Help, these terms or any of the other four documents, or the relationship between us, will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, rather than in court. The Federal Arbitration Act governs this section. The arbitrator decides all questions of arbitrability, except that a court decides whether the class action waiver below is enforceable. The arbitration takes place in the county where you live or by video, at your choice, and the arbitrator may award the same individual relief a court could.

Class action waiver: you and Averentium each agree to bring claims 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 or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim proceeds in court under section 17 and the rest of this section still applies to everything else.

Either of us may bring an individual claim in small claims court instead of arbitrating, if it qualifies. You may opt out of this section by sending a written notice with your name, your Help User ID and a clear statement that you opt out of arbitration to Averentium's address for notices within thirty days of first accepting these terms. Opting out does not affect any other part of these terms.

17.Governing law and venue

These terms and any dispute between us are governed by the laws of the State of Florida and the federal law of the United States, without regard to conflict of laws rules. Anything that is not subject to arbitration under section 16 will be brought only in the state or federal courts located in Florida, and you consent to their jurisdiction.

18.Rights that cannot be waived

Nothing in these terms or in the other four documents waives, limits or excludes any right or remedy that cannot be waived, limited or excluded under the law that applies to you, including any consumer protection right, and nothing in them limits Averentium's liability for fraud, or for death or personal injury caused by its own gross negligence or wilful misconduct, where the law does not allow that liability to be limited. Where a provision goes further than the law allows, it applies to the fullest extent the law does allow.

19.Suspension and termination

You may close your account at any time from your profile. Averentium may suspend or close your account, or refuse you access to Help, at any time for breach of these terms, for conduct that puts others at risk, or where the law or a payment partner requires it. Sections 6, 7 and 12 to 21, and every payment, tax and record-keeping obligation, survive closure. Signed documents, the photographic record of completed jobs and tax records are kept after closure as the Privacy Policy describes.

20.Changes

We may change these terms and the other four documents. A change is published with a new version and effective date, and you will be asked to read and agree to the changed document before you continue to use Help. Your previous acceptance stays on record.

21.General

These terms and the other four documents are the whole agreement between you and Averentium about Help and replace any earlier one. If any provision is held unenforceable, it is limited to the extent necessary and the rest continues to apply. Our not enforcing a provision is not a waiver of it. You may not assign this agreement; Averentium may assign it to a successor of its business. Nothing in it creates a partnership, joint venture, agency or employment relationship. Questions go to the support address published on averentium.com.