Chrysmo Name and Logo

Privacy Policy & Terms of Use

Last updated: December 6 2016

Summary

  • Chrysmo connects homeowners (aka “Users”) with home improvement DIY experts (aka “Experts”) and home improvement service providers/contractors (aka “Service Providers”).
  • We help Users obtain guidance with their DIY projects, understand project costs, obtain an estimate, and select an Expert or Service Provider based on requirements the Users have identified.
  • Chrysmo is not responsible for any Expert’s or Service Provider’s products, services or advice. We simply provide the platform to connect. Charges, payment, and refunds for Users:
    • We charge Users to get connected and to use the platform. These charges are on a per-use basis.
    • We charge Users if an Expert is able to advise them.
    • We notify Users in advance of each session how much we will charge the User. User may choose to “cancel” the session.
    • We charge Users at the end of the session. If for any reason a User feels we should not charge them, we are happy to hear about the problem and may choose to issue a refund.
    • We don’t charge Users if they chose to connect with a Service Provider.
    • When Users get connected to a Service Provider, our interaction with the User ends. Any agreement or contract with a Service Provider is strictly between User and the Service Provider.

The above summary is not intended to be a substitute for reading the full terms of use below. This summary is not comprehensive. We thank you for using Chrysmo!

Agreement to Terms

IMPORTANT NOTICE: READ THESE TERMS OF USE CAREFULLY. THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU.

Agreement to Terms

This terms of use agreement (these “Terms”) constitutes a legally binding contract between Chrysmo, LLC (“Chrysmo,” “we,” “us”) and you, with respect to your use of Services owned or operated by Chrysmo. By accessing or using our Services through Chrysmo’s app, you acknowledge that you have read, understood, and agree to be bound by, these Terms, our Privacy Policy and, if applicable, the Additional Program Terms (as defined below), including any updates posted here or otherwise communicated to you. If you do not agree to the Terms, the Privacy Policy and the Additional Terms (if applicable), please do not use the Services.

Modifications

We reserve the right to modify these Terms at any time by posting a revised version with a revised Effective Date. Any changes to the Terms will be effective immediately upon posting. Your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.

You affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.

Our Privacy Policy

Our Privacy Policy, which describes how we collect and use information from our users, is available at https://chrysmo.com/privacy-policy/, through the link titled “Privacy” on our homepage, as well as in section below.

Our Services

Services We Provide

Chrysmo connects homeowners and other third parties (individually, “User,” collectively, “Users”) with home improvement DIY experts (individually, an “Expert”, collectively, ‘Experts’) and home improvement service providers / contractors (individually, a “Service Provider,” collectively, “Service Providers”). We help Users obtain guidance with their DIY projects, understand project costs, obtain a quote in advance, and select an Expert or Service Provider based on requirements the Users have identified.

User Charges, Payments, and Refunds

Chrysmo will charge Users only when a User successfully solves a home improvement DIY project with the help of an Expert. Users will not be charged by Chrysmo under any of the following circumstances: if Customer chooses to interact with a Service Provider after communicating with an Expert; if an Expert was unable to help a User solve the DIY project; if an Expert was unable to connect User with a local Service Provider; or if User rates the interaction with an Expert with 2-stars or less. Payments from User to Chrysmo for a Successful Interaction are immediately due and payable to Chrysmo upon provision of the applicable Chrysmo Services and, except as set forth in these Terms, are final and non-refundable. Payment terms for Service Provider charges will be as agreed upon between you and the Service Provider. You acknowledge and agree that your interactions and purchases of services and/or products from a Service Provider are transactions between you and that Service Provider, and not with Chrysmo. After the User is connected with a Service Provider, Chrysmo is no longer involved with the interactions or agreements between Users and Service Providers in any way.

No Responsibility, Endorsement or Guarantee for Experts or Service Providers

Chrysmo does not deliver, and is not responsible for, any Expert’s or Service Provider’s products, services or advice. The Experts and Service Providers are not employees or agents of Chrysmo, and Chrysmo is not an agent of any Expert or Service Provider. The ratings of Experts and Service Providers are a product of other Users’ experiences working with Experts and Service Providers. While we try to confirm that Experts and Service Providers meet certain requirements, we cannot and do not represent or warrant that any Expert or Service Provider is licensed, qualified, bonded, insured or capable of performing any service. We do not make any guarantees, warranties or representations of any kind regarding any Expert or Service Provider, any advice or other information that an Expert or Service Provider provides or the products or services that an Expert or Service Provider provides, and we are not responsible for any action or inaction of any Expert or Service Provider. We do not guarantee that using of our Services can match a User’s service needs with an Expert or Service Provider or that there are Experts or Service Providers in a User’s area that are capable of and willing to meet a User’s service needs. When you choose to work with a Service Provider, your rights will be governed by your contract with the Service Provider and by applicable federal, state and local laws.

User Submissions and Other Collected Information

If you are a User, you will be asked to disclose certain information about yourself and your service requirements when you submit a request for Expert or Service Provider services and when you open or confirm your account. You agree to provide us with accurate, complete and up to date information and to keep it updated, complete and correct. You agree you won’t disclose your password to anyone and you’ll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.

If you are an Expert or Service Provider, you will be asked to open an account and may be asked to complete a profile in connection with the Services. You agree to promptly complete your profile and to provide us with such additional information as we reasonably request; to provide accurate, complete and up to date information in connection with the Services; and keep that information updated, complete and correct.

User Account

Account registration is required for Users to receive or use Services. When you open or confirm an account, you will be required to provide us with specified personal information, which may include, without limitation, your name, email, zip code, and credit card payment details. You must keep your account information complete, accurate and current at all times. You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account. By creating your account, you agree that communication may be made with you via email, app notifications as part of the normal business operation of the Services.

Collected Data Definition

You agree and acknowledge that during your use of Chrysmo’s Services, Experts, and Service Providers may collect text, photos, videos, measurements, comments, data or other information (individually and collectively, “Information”) during and after the provision of Services, or otherwise in connection with the Services, relating to you, your business, your real or personal property or otherwise (individually and collectively, “Collected Information”).

Users Are Responsible for Their Submissions

The Services may permit you and other Users, Experts, and Service Providers to submit Information (individually and collectively, “User Submissions”). The person submitting a User Submission, and not Chrysmo, is solely responsible for that person’s User Submission and the consequences of submitting it. By way of example and not limitation, if an Expert or Service Provider provides you with advice or other information, the Expert or Service Provider (and not Chrysmo) is solely responsible for that advice and information. You acknowledge and agree that Chrysmo has no obligation to prescreen your or any other persons User Submissions.

License to User Submissions

With respect to both User Submissions and Collected Information, you grant Chrysmo a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in any form and any medium. We will not pay you or otherwise compensate you for User Submissions or Collected Information.

Do Not Post Illegal or Harmful Content

You agree not to post, submit or link to any User Submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Submissions or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Chrysmo.

Do Not Post Improper Content

You agree not to post, submit or link to any User Submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.

Reviews of Service Providers

You may only post a review of an Expert or Service Provider if you have first-hand knowledge of the services provided by such Expert or Service Provider (that is, such Expert or Service Provider provided products or services to you). You may not accept anything of value from an Expert or Service Provider in exchange for posting a review. You agree that any review that you post or submit will be honest and factually accurate.

Review of User Submissions

We do not approve, control or endorse your or anyone else’s User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Submissions for any reason, in our sole discretion.

Suggestions

If you elect to provide or make available to Chrysmo any suggestions, comments, ideas, improvements or other feedback relating to the Services or otherwise “Suggestions”, Chrysmo will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.

Telephone Calls and Other Communications

When you contact us, when we contact you, or when you communicate with an Expert, Service Provider, or a User through the Services, we may monitor and/or record those video and/or audio communications for quality assurance, customer satisfaction and other purposes. You consent to this monitoring and recording.

Additional General Terms for Experts

If you are an Expert, the terms in this section also apply to you.

Licenses and Obligations

As an Expert you agree that you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to advise the User on the specifics of the project.

Response Time

You agree that, if you receive a homeowner’s request for an Expert, that you will need to instantly respond to the homeowner. If you do not respond to the homeowner’s incoming request, Chrysmo will send that request to another Expert and terminate your right to respond to it.

Informational Requests

You agree to comply with Chrysmo’s informational requests from time to time in connection with the Services, including providing information to be used by Chrysmo (or its third party service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments, and to confirm status if we have connected you with a User.

Expert Payments

Experts earn for every successful interaction with a User. The following interactions qualify as successful interactions:

  • the Expert helps the User resolve the problem and Expert receives at least a 3-star rating by the User;
  • the Expert was unable to help the User resolve the problem, but the User engaged in additional communications with one of the Service Providers presented by Expert to User, and Expert receives at least a 3-star rating by the User

Experts don’t earn if User gives Expert a rating of 2 stars or fewer.

Experts are paid on a weekly basis through Chrysmo’s standard payment channel – PayPal.

Independent Contractor

You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship with Chrysmo is intended or created by these Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of Chrysmo, and that Chrysmo has no power or authority to make any commitments on your behalf.

Updated Information

You agree to immediately notify us if: (i) any information you have provided to Chrysmo, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.

Expert Communications

You agree that we may monitor and/or record communications with Users that you make through the Chrysmo app.

No Guarantee

As an Expert, you agree and acknowledge that Chrysmo cannot and does not guarantee the exposure you will receive or the number or quality of potential customers with whom you will have contact. You acknowledge that Chrysmo may impose limits on the type and/or number of Experts that can participate in particular programs, which Experts are notified about particular requests and the timing of such notification, and the type and/or number of Experts who can respond to particular request.

Expert Profile

You understand and acknowledge that the amount and quality of your Expert information (including the amount and quality of profile data, project activity and endorsements) will affect your exposure within the Services. You agree to immediately complete an Expert profile on the Chrysmo website upon signing up for a Product and to populate such profile with as much information as possible.

Agreeing to Terms

Chrysmo and you may agree to the terms, fees and other terms in writing, telephonically or electronically, including, but not limited to, by email or within Chrysmo’s communication platform.

Suspension and Termination

Chrysmo reserves the right to suspend or terminate any Expert’s ability to use the Services at any time for any reason.

Additional General Terms for Service Providers

If you are a Service Provider, the terms in this section also apply to you.

Licenses and Obligations

As a Service Provider you agree that you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required by current good and sound professional procedures and practices in accordance with applicable industry standards. You also agree that you have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding required by all applicable authorities for any work you solicit, accept or perform.

Response Time

You agree that, if you receive a homeowner’s request for a Service Provider, that you will need to instantly respond to the homeowner. If you do not respond to the homeowner’s incoming request, Chrysmo will send that project request to another Service Provider and terminate your right to respond to it.

Informational Requests

You agree to comply with Chrysmo’s informational requests from time to time in connection with the Services, including providing information to be used by Chrysmo (or its third party service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments, and to confirm status if we have connected you with a User.

Service Provider Charges, Payments, and Refunds

Chrysmo shall charge to Service Provider, and Service Provider agrees to pay, a flat fee for every User lead. The flat fee is charged when Service Provider “accepts’ a User’s request through the Chrysmo platform. If for any reason you feel we shouldn’t charge you, we’ll be glad to hear from you and may choose to refund.

Updated Information

You agree to immediately notify us if: (i) any information you have provided to Chrysmo, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.

Information Regarding Users

After the initial user lead, Chrysmo will NOT provide you with any personal information relating to users that are seeking products or services. Any further information required must be collected by you, the Service Provider. All interactions between Service Providers and Users that occur after you, the Service Provider, accepts UserÕs request to connect, are between the Service Provider and User. Chrysmo has no control or stake in any agreements or interactions between Service Providers and Users beyond the initial connection.

Quality Control

Chrysmo representatives and our service providers may confirm status of project requests with the users when we have connected you with a User, to investigate complaints or to verify information you or Users have provided.

Independent Contractor

You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship with Chrysmo is intended or created by these Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of Chrysmo, and that Chrysmo has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.

Permissible Use and Chrysmo Intellectual Property

Limited License for Users

Subject to your compliance with these Terms, we hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only.

Limited License for Experts

Subject to your compliance with these Terms, we hereby grant you, as an Expert acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing information and services as contemplated by Chrysmo’s Services.

Limited License to Service Providers

Subject to your compliance with these Terms, we hereby grant you, as a Service Provider acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing information, products and services as contemplated by Chrysmo’s Services.

More about How Our Services are Protected

The Services, including all materials and information, and the selection, arrangement and composition of such information (“Materials”) are proprietary property of Chrysmo are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law). You may not use or access the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Chrysmo, its service providers, suppliers, other Users or any other person.

Third-Party Intellectual Property

Third-Party Intellectual Property

All non-Chrysmo trademarks, product names and logos appearing on our Services are property of their respective owners.

If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to Chrysmo at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.

Notification pursuant to the DMCA should be submitted to:

Chrysmo, LLC Attn: Chrysmo Support [email protected] (980)-500-9766

Release, Warranty, Limitation of Liability, and Indemnification

Release

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE CHRYSMO, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE “CHRYSMO PARTIES”) FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, CHRYSMO, USERS, SERVICE PROVIDERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

Warranty Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CHRYSMO PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH CHRYSMO, USERS, SERVICE PROVIDERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.

Limitation of Liability

IN NO EVENT WILL THE CHRYSMO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, CHRYSMO, USERS, SERVICE PROVIDERS OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CHRYSMO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT WILL THE COLLECTIVE LIABLITY OF THE CHRYSMO PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, CHRYSMO, USERS, SERVICE PROVIDERS OR OTHER THIRD PARTIES EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID TO CHRYSMO FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR (B) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CHRYSMO, TEN DOLLARS (IF YOU ARE A USER).

Any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.

Indemnification

IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FALSE INFORMATION, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CHRYSMO PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) DUE TO OR ARISING OUT OF (1) YOUR ACCESS TO OR USE OF THE SERVICES, (2) YOUR USE OF, OR TRANSACTIONS WITH, CHRYSMO, USERS, SERVICE PROVIDERS OR OTHER THIRD PARTIES, OR (3) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. CHRYSMO RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH CHRYSMO IN ASSERTING ANY AVAILABLE DEFENSES.

Disputes, Arbitration, and Class Action Waiver

Binding Arbitration

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR THE PROPERTIES OR ANY RELATIONSHIP BETWEEN US (ANY OF THESE, A ÒDISPUTEÓ) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAAÕs rules. The arbitration shall be conducted in the English language by a single, independent, and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Mecklenburg County, North Carolina. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

Class Action Waiver

ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MECKLENBURG COUNTY, NORTH CAROLINA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

Notwithstanding anything to the contrary, you and Chrysmo may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.

Governing Law

You agree that these Terms, the Privacy Policy and any Dispute will be governed only by United States and North Carolina state law, without regard to conflict of law provisions. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Mecklenburg County, North Carolina for the purpose of entering judgments on arbitral awards. A UserÕs rights under an agreement with a Service Provider will be governed by the terms of that agreement and by applicable federal, state, and local laws.

Miscellaneous

Assignment

These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Chrysmo’s prior written consent, but may be assigned by Chrysmo without restriction and without notice to you.

Entire Agreement and Severability

These Terms, include any applicable Additional Program Terms, constitute the entire agreement between you and Chrysmo concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Chrysmo with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.

Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Chrysmo’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Modification of Services

We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that result in a change the current Services shall be subject to these Terms.

Termination

We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent any Users or Experts Service Providers future access to and use of the Services, for any at any time and for any reason (including but not limited to those specifically described in these Terms).

Third Party Beneficiaries

Neither these Terms nor the Privacy Policy create any right of action on the part of any third party, except for the Chrysmo Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.

Attorney Fees

If any of the Chrysmo Parties take legal action against you as a result of your violation of these Terms, the Chrysmo Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Chrysmo Parties.

Contact Us

If you have questions about these Terms, please contact us by email at [email protected]

Additional Apple Required Terms for iOS Apps

The following additional terms apply if you access or use the Services through an Apple iOS product:

Acknowledgement

Chrysmo and you acknowledge that these Terms are concluded between Chrysmo and you only, and not with Apple, and Chrysmo, not Apple, is solely responsible for the Services and the content thereof.

Scope of License

The license granted to you for the Services is limited to a non-transferable license to use the Services on any iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

Maintenance and Support

As between Apple and Chrysmo, Chrysmo is solely responsible for providing maintenance and support services, if any, with respect to using Chrysmo’s platform, as specified in these Terms, or as required under applicable law. Chrysmo and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Chrysmo’s platform..

Warranty

As between Apple and Chrysmo, Chrysmo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Chrysmo’s platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Chrysmo’s platform to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Chrysmo’s sole responsibility.

Product Claims

Chrysmo and you acknowledge that Chrysmo, not Apple, is responsible for addressing any claims by you or any third party relating to the Chrysmo’s platform or your possession and/or use of the platform, including but not limited to: (i) product liability claims; (ii) any claim that the platform fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights

Chrysmo and you acknowledge that, in the event of any third party claim that the platform or your possession and use of the Chrysmo’s platform infringes that third party’s intellectual property rights, Chrysmo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

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

Third-Party Beneficiary

Chrysmo and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to access or use of the Chrysmo’s platform through an iOS product, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Last updated: December 6 2016

Thank you for choosing to use Chrysmo! We understand that your privacy is important and this policy explains how we protect that privacy, the data we collect, and how we use that data when you use our website, software, or services (“Services”;). We may revise this Privacy Policy at any time and will post the date of the latest update above.

What we Collect

We collect and use the information below to provide and improve the Services of Chrysmo:

User Account Info

We collect the information you provide when setting up your account with Chrysmo. Such information includes your name, email address, phone number, address, and payment information.

Services

We collect information when you use the Services, such as video and photographs and the information related to these items. We monitor and may record your video and/or audio interactions while using our Services for quality assurance and to improve customer satisfaction. You consent to such recordings, if you live in a jurisdiction where consent it required.

Usage

When you use the Services, we collect information related to the devices on which you are using our Services. Examples of such information include the type of device, type of browser, IP addresses, and other identifiers associated with your device, including your location.

Cookies and similar technologies

Similar to many other Services, we use cookies and other similar technologies such as web beacons to collect information. You have the right and ability to tell change the settings on your browser to refuse cookies, but note that if you do so, you may not be able to access our Services with full functionality.

Who may see your information

Chrysmo may share your information as discussed below. We will not sell your information to third parties.

Other Service Providers

Chrysmo uses other service providers to help give you the best experience with Chrysmo. Examples of such other service providers we may use include payment processors, customer services providers, and marketing service providers. These other service providers only have access to the information they need to work for Chrysmo and are prohibited from using the information for any other purpose.

Other users

Other users may also see information listed on your user profile based on your sharing preferences.

We may share your information to third parties if we determine that a disclosure is required to comply with the law, protect persons from death or serious injury, or prevent fraud.

In the event that Chrysmo decides to sell, buy, merge, or engage in another strategic transaction involving our business and other businesses, such transaction may involve disclosing your information. While we would seek protections for all information disclosed, the information would likely be one of the transferred assets in such a transaction.

How we protect your information

We maintain security measures that are standard in the industry and regularly examine and update those measures to stay current and protect your information. Please note that no method of storing or transmitting information on the internet is completely secure, and therefore we cannot guarantee the security of information you share with us.

General

These services are not directed at children under 13, we will not intentionally collect or store any personally identifiable information of children under 13. If you are a child under the age of 13, please do not use our Services or submit any personally identifiable information to us.

This Privacy Policy and the privacy practices of our Services will be subject exclusively to the laws of the State of North Carolina within the United States of America, without regard to conflict of law principles. If you reside outside of the United States, you are responsible for complying with local laws in connection with your use of the Services, and you consent to the collection, transfer, storage, and use of your personal information in the United States of America in accordance with this Privacy Policy.

Contact

If you have any questions or concerns about Chrysmo, the Service Chrysmo provides, or this privacy policy, please contact us at [email protected].