Terms & conditions

Attachly Users or Customers

ATTACHLY provides on-demand personal services through the mobile app available at App Store in compliance with the Terms and Conditions. The terms & conditions (“Agreement”) apply to all ATTACHLY users who are registered members of ATTACHLY mobile application and the website http://www.attachly..co. The users who agree to use the at-home on-demand services provided by ATTACHLY are subject to the terms and conditions (“Agreement”) and our legal policies set forth in this agreement.

These Terms and Conditions form a legally binding agreement (the “Agreement”) between you and Attachly, Inc., including its subsidiaries, representatives, affiliates, officers, and directors (collectively referred to as “ATTACHLY,” “we,” “us,” or “our”). This Agreement governs your use of the ATTACHLY applications, websites, technology, facilities, and platform (collectively known as the “ATTACHLY”).

With the use of ATTACHLY services, the users agree to have the right and authority to accept the legal binding terms and conditions including the arbitration policies as well. Users also agree and accept that ATTACHLY is a platform that connects users with the independent providers via the mobile App to arrange at home on demand personal services and doesn’t hold any responsibility or liability related to the information and services provided by the providers as explained in the terms and conditions. 
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By accepting the terms and conditions, you agree that you have fully understood the policies stated under the terms and conditions and agree to comply with the ATTACHLY services through the mobile app. If you do not accept the terms and conditions of this agreement, you are not permitted to use or access the platform or any services offered through it.

1. The attachly platform

The ATTACHLY Platform offers a marketplace for on demand personal services where individuals seeking certain services can book the services instantly and receive those services at their desired location and time. ATTACHLY users have the option to request services from providers who are willing to provide those services as per their flexibility and availability by driving to the locations.  The services provided by providers to the users are known as “Personal Services.” “ATTACHLY Services” refers to any services provided by Attachly through the Attachly Platform, excluding Third-Party Services.

As a User, you authorize ATTACHLY to match or re-match you with providers based on various factors, including your service request type, location, requested time, preferences, membership status, regulatory requirements, user statistics, and overall platform efficiency. Attachly may also cancel an existing match based on these or other considerations. Decisions to accept at home Services are made solely at the discretion of each User. When a User accepts Services from a Provider, a separate agreement is formed between them.

2. Modification to the T&C

ATTACHLY reserves the right to modify the terms of this Agreement at any time, with changes becoming binding only upon your acceptance of the updated Agreement. Additionally, ATTACHLY may periodically update information on linked pages, and those changes will take effect as soon as they are posted. Continued use of the ATTACHLY Platform after any updates signifies your acceptance of those changes. Changes to the Agreement do not grant a new opportunity to opt out of arbitration, unless significant alterations are made to the arbitration provisions.
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By using ATTACHLY services through the mobile app, you agree to review any changes. You can choose to accept or comply with these updates; if you disagree, you may stop using ATTACHLY services.
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This document may be revised as needed. Changes will take effect upon notification via email or a notice banner in the app. You acknowledge your agreement to the latest Terms and Conditions by periodically reviewing this document or when informed of new changes via email or notice.

3. Eligibility for attachly Users or Customers

The ATTACHLY platform is intended solely for individuals who have the authority and capability to enter into this Agreement and fulfill its terms and obligations. By registering as a User, you confirm and guarantee that you are at least 18 years of age. Access to the ATTACHLY platform is not permitted for users whose accounts have been temporarily or permanently deactivated. You must not allow anyone else to use your account; you are the only authorized user, and you cannot use your account on behalf of others unless explicitly allowed by ATTACHLY. To access the ATTACHLY platform, each user must create a single account. ATTACHLY reserves the right to deactivate any additional or duplicate accounts. Participation in certain ATTACHLY programs and the use of specific services may also have additional eligibility requirements set by ATTACHLY.

4. Account registration for users

To access ATTACHLY and its services, the users must create an account or register with ATTACHLY. To create an account, certain information like your name, email and contact is required to verify your identity as a true person. The information provided should be true and accurate as no fake accounts are allowed on ATTACHLY. Only one person can create an account for his/her identity and is not allowed to create an account for someone else. Users can delete their account at any given time by simply following the instructions provided for deleting the account.

5. Responsibility for ATTACHLY Users or Customers

When the user books an on-demand service through ATTACHLY, users or customers are liable and responsible for their safety, belongings, and any valuable items. Although ATTACHLY ensures that the service providers are properly vetted with their background checks, it is the sole responsibility of the user or customers to take care of them, their family, and belongings when they accept the allowance of a service provider at their home or office. In addition to this, the users are required to follow the requirements below:

1. Dedicated space - Choose a space at home or at the office where the services will be provided
2. Hygiene – the space should be neat and hygienic
3. Safe – the space should be safe of any hazardous materials
4. Conversation – the customers should not involve service providers with any personal discussions. They should refrain from any derogatory, harassing, or intimidating words and actions.
   a. If the users are involved in any interaction with the providers other than service related, they own the responsibility for those interactions and their consequences. ATTACHLY is not accountable for such interactions.
   b. ATTACHLY doesn’t perform any background check on their users that are registered through the App.
   
5. Intrusion – the customer should avoid any intrusion from their children, toddlers, or any other family member.
6. Electric outlet – the space should have a power or electric outlet as some equipment may require the use of electricity.
7. Water accessibility – the space should have accessibility to water sink or tap with hot or cold water for the services that requires water access.
8. Children – if you have children or toddlers under the age of 13, you should keep them under supervision or childcare.
9. Pets – The client should keep their pets at a distance or in a separate room from the provider to avoid any interruption to the work.
10. Respect – Users should avoid any abusive and foul language. Any violent, aggressive, bully, hate, derogatory or disrespectful behavior towards the providers will not be accepted. 
11. Providers – Users should understand that the providers are not employees or agents of ATTACHLY. They are independent contractors providing their specialized services to ATTACHLY users or customers by using the ATTACHLY platform.

6. ATTACHLY platform

7. ATTACHLY platform restrictions

With respect to the use of the ATTACHLY Platform, ATTACHLY Services, Third-Party Services, and participation in the Services, it is agreed that the following actions will not be taken:

1. Violations of any law, statute, rule, permit, ordinance, or regulation will not take place.  
2. Interference with or disruption of the ATTACHLY Platform or the servers or networks connected to the ATTACHLY Platform will not happen.
3. Impersonation of any person or entity will not occur.  
4. Stalking, threatening, or harassing any person, or carrying any weapons will not be permitted.
   
5. Any part of the ATTACHLY Platform will not be “framed” or “mirrored” without prior written authorization, nor will meta tags or code or other devices containing any reference to us be used to direct any person to any other website for any purpose.  
6. Any portion of the ATTACHLY Platform will not be modified, adapted, translated, reverse engineered, deciphered, decompiled, or disassembled.  
7. The ATTACHLY Platform or access to any portion of the ATTACHLY Platform will not be rented, leased, lent, sold, redistributed, licensed, or sublicensed.
8. Posting Information or interacting on the ATTACHLY Platform, ATTACHLY Services, Third-Party Services, or Services in a manner that is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal will not be allowed.  
9. The ATTACHLY Platform will not be used in any way that infringes upon any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy.  
10. Posting, emailing, or otherwise transmitting any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of the ATTACHLY Platform or any computer software, hardware, or telecommunications equipment, or to surreptitiously intercept or expropriate any system, data, or personal information will not be allowed.  
11. Headers will not be forged, nor will identifiers be manipulated to disguise the origin of any information transmitted through the ATTACHLYPlatform.    
12. User accounts, passwords, and/or identifications will not be transferred, lent, or sold to any other party.  
13. A false email address or other identifying information will not be used, nor will any person or entity be impersonated or misrepresented, or affiliations with any person or entity omitted, misrepresented, or misled regarding the origin or source of any entity accessing the ATTACHLY Platform.  
14. Discrimination against or harassment of anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age, or sexual orientation will not occur.  
15. Referral Program rules will not be violated if participation in the Referral Program takes place.  
16. Misuse or abuse of the Services, Third-Party Services, or ATTACHLY Services in violation of eligibility requirements, as determined by ATTACHLY, will not take place.  
17. ATTACHLY’s Policy Against Sexual Assault, Misconduct, and Harassment will not be violated. 
18. Any measures implemented by ATTACHLY to prevent or address violations of this Agreement will not be circumvented.  
19. No third party will be caused to engage in the restricted activities listed above.
20. No robot, spider, site search/retrieval application, or other manual or automatic device or process will be used to retrieve, index, scrape, “data mine,” copy, access, acquire information, generate impressions or clicks, input or store information, search, or monitor any portion of the ATTACHLY Platform, or to reproduce or circumvent the navigational structure or presentation of the ATTACHLY Platform or its contents.  
21. Linking directly or indirectly to any other websites will not be permitted.  
22.  The Services, Third-Party Services, or ATTACHLY Services will not be commercialized without a direct agreement with ATTACHLY.  

If any unauthorized party is suspected to be using your User account or if any other breach of security or violation of this Agreement is suspected, immediate notification to us will be agreed upon.

8. Payment Terms

To effectively use ATTACHLY services like booking a provider, you must provide a valid mode of payment like Debit or Credit card as accepted by ATTACHLY. The card must belong to you and this information can be entered, updated, edited, or deleted anytime within your account section. Once you book an appointment with a provider through ATTACHLY, your debit or credit card will be charged right away for the services. You agree and give consent to ATTACHLY to access your card information to bill you for the services. You also agree to keep your billing address information current.

9. Cancelation Terms

ATTACHLY allows its users to cancel their appointment based on the cancellation terms and conditions stated here. You may cancel your appointment within an allocated time window to avoid no charge. If the appointment is canceled within 15 minutes of the booking, they will not be charged any fee, however, if they cancel their appointment within 15 to 30 minutes, they will be charged a 25% penalty. And, if the appointment is canceled after 1 hour, they will be full 100% fee as a penalty for cancellation. To avoid any penalty, and if the users want to change their appointment, they will always have an option to modify or reschedule their appointment within the 5 minutes of their original booking. If the service provider cancels an appointment at any given time, the users will receive their full refund, however, the service provider will be charged a penalty of 25% cancellation fee. ATTACHLY will schedule and recommend another provider as acceptable by the user.

10. Confidentiality

You agree not to use any technical, financial, strategic, or other proprietary and confidential information related to ATTACHLY’s business, operations, and properties, as well as information about Providers made available to you through the ATTACHLY Platform—such as the Provider’s name, vehicle details, contact information, and photos (“Confidential Information”)—for your own purposes or any other uses not specified in this Agreement. You will not disclose or allow the disclosure of any confidential Information to third parties, nor will you store any confidential Information separately from the ATTACHLY Platform. As a User, you acknowledge that some of the confidential Information you receive may be protected under federal and state confidentiality laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which governs the privacy and security of protected health information.
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If you know a Provider, you must not disclose their identity or vehicle information, as doing so could violate HIPAA. You understand that any breach of the confidentiality provisions in this Agreement may also violate HIPAA or state confidentiality laws, potentially leading to civil or criminal penalties against you. You agree to take all reasonable precautions to safeguard the secrecy of ATTACHLY’s confidential Information and prevent it from becoming public.
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However, you will not be held liable to ATTACHLY for any Confidential Information if you can demonstrate that it: was in the public domain when disclosed by Attachly or has entered the public domain through no fault of your own; was known to you, without restriction, at the time of disclosure, as shown by existing files; is disclosed with ATTACHLY’s  prior written consent; becomes known to you, without restriction, from a source other than ATTACHLY, without breaching this Agreement; or is disclosed as required by a court, administrative agency, or other governmental entity. In such cases, you must promptly notify ATTACHLY of the court order or requirement to allow ATTACHLY the opportunity to seek a protective order or limit the disclosure.

11. Indemnification

You agree to indemnify and hold harmless Attachly and its affiliates, subsidiaries, parent companies, successors, assigns, and each of their respective officers, directors, employees, agents, and shareholders (collectively referred to as the “Indemnified Parties”). You will also defend Attachly, at its discretion, against any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Attachly Platform, Attachly Services, Third-Party Services, or participation in the Services. This includes:

1. Your breach of this Agreement or any documents it references.
2. Your violation of any law or the rights of third parties, including Providers, other motorists, and pedestrians, due to your interactions with them.
3. Any claims that materials or information you submit to us or transmit through the Attachly Platform infringe upon or violate the copyright, trademark, trade secret, or other intellectual property rights of any third party.
4. Your ownership, use, or operation of a motor vehicle or passenger vehicle, including your role as a Provider.
   
5. Any other activities related to the Attachly Platform, Attachly Services, or Third-Party Services.

This indemnity applies regardless of any party’s negligence, including that of any Indemnified Party. You will not settle any claims on behalf of any Indemnified Party without Attachly’s prior written consent, especially if the settlement involves monetary payments or admissions of liability, whether civil or criminal.

12. Limitation of Liability

In no event shall liability be incurred by ATTACHLY, including its affiliates, subsidiaries, parent companies, successors, assigns, and each of its respective officers, directors, employees, agents, or shareholders (collectively referred to as “ATTACHLY” for this section), for any incidental, special, exemplary, punitive, consequential, or indirect damages. This includes damages related to deletion, corruption, loss of data, loss of programs, failure to store any information or content maintained or transmitted by the ATTACHLY Platform, service interruptions, or the costs of procuring substitute services, arising from or in connection with the ATTACHLY Platform, ATTACHLY Services, or this Agreement, regardless of how they arise, including negligence, even if ATTACHLY or its agents or representatives have been informed of the possibility of such damages.
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The ATTACHLY Platform may be utilized by you to request and schedule services at home or any desired location, with the  providers, but it is agreed that ATTACHLY holds no responsibility or liability related to any services and travel liabilities outlined in this Agreement. For clarity, and without limiting the foregoing, no responsibility or liability shall be held by ATTACHLY for any damages arising from or in connection with your use of or reliance on the services and transport used by the provider described in this Agreement, or any transactions or relationships with third-party providers. Certain jurisdictions may not permit the exclusion or limitation of specific damages; if such laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not be applicable, and you may have additional rights.

13. User Agreement Termination

This Agreement becomes effective upon your acceptance. It may be terminated as follows: (a) by the User, without cause, with seven (7) days’ written notice to ATTACHLY; or (b) by either Party immediately, without notice, in the event of a material breach by the other Party, including but not limited to breaches of Section 7.
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Additionally, ATTACHLY reserves the right to terminate this Agreement or deactivate your User account immediately under the following circumstances: (1) if you are no longer eligible to be a User; (2) if you are no longer qualified to receive Services under applicable laws or regulations; or (3) if ATTACHLY reasonably believes that such action is necessary to ensure the safety of the ATTACHLY community or third parties. In cases of deactivation under (1)-(3), you will be notified of the potential or actual deactivation and given an opportunity to address the issue to ATTACHLY satisfaction before the Agreement is permanently terminated.
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For other breaches of this Agreement, you will receive notice and a chance to remedy the breach. If the breach is resolved promptly and to ATTACHLY’s satisfaction, the Agreement will not be permanently terminated. 

14. Arbitration Agreement and Dispute Resolution

The arbitration terms and conditions or otherwise the Agreement is stated to manage the dispute resolution process. ATTACHLY disclaimer and arbitration:
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To the maximum extent permitted by law in no event shall the ATTACHLY parties be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are any way connected with (1) this agreement, (2) any use of the ATTACHLY member services by the ATTACHLY member (3) any failure or delay (including, but not limited to, the use or inability to use any component of the ATTACHLY booking engine), or (4) an ATTACHLY professional’s acts or omissions at a ATTACHLY member’s residence or other location whether related to the ATTACHLY professional’s provision of personal, wellness and fitness services to an ATTACHLY member or otherwise.
ATTACHLY expressly disclaims all representations, warranties, conditions, or indemnities, express or implied in respect of the ATTACHLY member services, including, without limitation, any representation or warranty as to the information provided about ATTACHLY professionals and the acts or omissions of ATTACHLY professionals.
The foregoing disclaimers apply to the maximum extent permitted by law. you may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

You and ATTACHLY understand and agree that the disclaimers, exclusions, and limitations set forth herein are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that ATTACHLY would be unable to make the ATTACHLY Member Services available to you except these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
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If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by ATTACHLY Members, but may be freely transferred, assigned, or delegated by ATTACHLY.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
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Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and ATTACHLY shall exclusively be settled through binding and confidential arbitration.
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Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American ArbitrationAssociation (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
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You and ATTACHLY must abide by the following rules:(1) ANY CLAIMS BROUGHT BY YOU OR ATTACHLY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, ATTACHLY will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) ATTACHLY also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of ATTACHLY and its privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content orresults of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or ATTACHLY may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Dallas, TEXAS. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Dallas, TEXAS in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dallas, TX for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor ATTACHLY shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Dallas, TEXAS.

For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
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The terms and conditions (“Agreement”) are governed under the laws of the state of Texas in compliance with the Federal Arbitration Act

15. Disclaimer

The following disclaimers are made on behalf of ATTACHLY, along with our affiliates, subsidiaries, parents, successors, assigns, and each of our respective officers, directors, employees, agents, and shareholders.
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ATTACHLY is a marketplace and does not directly provide beauty, fitness, wellness, or transportation services; these services are offered by independent contractors through the use of ATTACHLY platform. Providers decide whether to offer a service to Users, while Users choose whether to accept a service from Providers. We cannot guarantee that a Provider will fulfill any booked service, nor can we control the quality or safety of services provided at home or other locations. Any safety measures implemented by ATTACHLY do not imply an employment or agency relationship with Users.

The ATTACHLY platform is offered on an “as is” basis without any express, implied, or statutory warranties. We do not promise specific outcomes from using the ATTACHLY platform, ATTACHLY Services, or Third-Party Services, including the ability to access on-demand services at a particular time or location. ATTACHLY reserves the right to limit or restrict access to the platform based on commercial viability, public health concerns, or legal changes. To the fullest extent permitted by law, we disclaim any implied warranties, including those of merchantability and fitness for a particular purpose. Some jurisdictions may not allow such disclaimers, so this may not apply to you.
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We do not guarantee that your use of the ATTACHLY platform or related services will be accurate, complete, reliable, secure, uninterrupted, or free from errors, or that it will meet your needs. You are responsible for your conduct and its consequences while using the ATTACHLY platform.

Although we take measures to verify the identity of providers during the registration process, we cannot confirm the identity of providers when they arrive at your location. Please exercise caution when using the platform and verify the identity of Providers by checking their photos. There are risks associated with interacting with underage individuals or those misrepresenting themselves, and we are not liable for any content or interactions involving Users under the age of 18. We encourage direct communication with Providers before arranging any services.
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ATTACHLY is not responsible for the conduct of any User, online or offline. You are solely accountable for your interactions with Providers. We do not provide insurance for personal belongings in your space during these services. By using the ATTACHLY platform, you accept these risks and acknowledge that ATTACHLY is not liable for any actions or omissions of Users.
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You are responsible for your User account, and ATTACHLY disclaims any liability for unauthorized use of your account. Others may access information you share on the ATTACHLY platform, which could be misused to harass or harm you. We are not responsible for how your personal information is handled by Providers on the ATTACHLY platform. Be mindful of the information you disclose or post.
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Opinions, advice, and other content regarding ATTACHLY, not directly provided by us, are the responsibility of their respective authors and should not be solely relied upon. We are not liable for any losses resulting from reliance on third-party content. We reserve the right to monitor and remove materials that violate this Agreement or applicable laws.
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Location data provided by the ATTACHLY platform is for general purposes only and should not be relied upon in critical situations. Neither ATTACHLY nor its content providers guarantee the accuracy or reliability of this location data. Any geolocation information you provide may be accessible to ATTACHLY and other Users.
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ATTACHLY recommends using the platform with an unlimited or high-data plan, as we are not responsible for any fees associated with your data plan.
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This paragraph pertains to any version of the ATTACHLY platform acquired from the Apple App Store. This Agreement is solely between you and ATTACHLY; Apple is not a party to it and has no obligations concerning the ATTACHLY platform. However, Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you. This Agreement incorporates Apple’s Licensed Application End User License Agreement, and in case of any conflicts between the two, this Agreement shall take precedence.
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Users may also utilize Google Maps while using the ATTACHLY platform. By doing so, you consent to Google collecting your location data, which may also be shared with ATTACHLY for operational improvements. Google’s terms and privacy policy will apply.
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ATTACHLY is not liable for any delays or failures in fulfilling obligations under this Agreement due to events beyond its reasonable control, including natural disasters, labor disputes, government actions, pandemics, and other similar causes. Service dates affected by force majeure will be postponed for the duration of the event. The parties agree to reschedule obligations as soon as possible after the force majeure condition ends.

16. Intellectual Property

All intellectual property rights related to the ATTACHLY Platform are owned entirely by ATTACHLY, including patents, copyrights, trademarks, and other proprietary rights. Any trademarks or logos present on the platform belong to their respective owners.
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You acknowledge that any feedback or information (“Submissions”) you provide to ATTACHLY is non-confidential and becomes the property of ATTACHLY, which may use it for any purpose without compensation to you. This Agreement does not transfer any intellectual property rights.
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ATTACHLY and its logos are registered trademarks. You agree to adhere to ATTACHLY’s Brand Guidelines and cease any non-conforming use upon request. You must not create unauthorized materials using ATTACHLY Marks, impair their validity, or challenge ATTACHLY’s ownership. You cannot register any trademarks similar to ATTACHLY Marks or use them in illegal activities.
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You may not sell or redistribute ATTACHLY materials except as provided by ATTACHLY. Violating these terms may lead to immediate termination of your license, takedown requests, or legal proceedings. Any unauthorized materials created using ATTACHLY Marks are owned by ATTACHLY, and you agree to assign any rights to ATTACHLY.
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ATTACHLY respects intellectual property rights and expects Users to do the same. If you believe any materials on the ATTACHLY Platform infringe your copyrights, please refer to our Copyright Policy for complaint procedures.

17. Queries, Comments, Complains

If you would like to report to us about any complain regarding the services or have any questions in general, you can send us an email at: info@attachly.co
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Our support team will thoroughly review your request and contact you back at the email provided by you. Our team will do their best to address your concerns and guide you with the next steps. Please ensure that you provide us with your most current email address so we can communicate with you in an efficient way. This agreement also states that you give consent to receive the email communication.

Attachly Contractors/Providers

ATTACHLY provides on-demand personal services through the mobile app available at App Store in compliance with the Terms and Conditions. The terms & conditions (“Agreement”) apply to all ATTACHLY Contractors/Providers  who are registered members of ATTACHLY mobile application and the website http://www.attachly.co. The Contractors/Providers who agree to provide the location based or at-home on-demand services provided by ATTACHLY are subject to the terms and conditions (“Agreement”) and our legal policies set forth in this agreement. 
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These Terms and Conditions form a legally binding agreement (the “Agreement”) between you and Attachly, Inc., including its subsidiaries, representatives, affiliates, officers, and directors (collectively referred to as “ATTACHLY,” “we,” “us,” or “our”). This Agreement governs your use of the ATTACHLY applications, websites, technology, facilities, and platform (collectively known as the “ATTACHLY”).
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With the use of ATTACHLY services, the Contractors/Providers agree to have the right and authority to accept the legal binding terms and conditions including the arbitration policies as well. Contractors/Providers also agree and accept that ATTACHLY is a platform that connects Contractors/Providers with Users/Customers via ATTACHLY mobile App to arrange at home on demand personal services and doesn’t hold any responsibility or liability related to the information and services provided by the Contractors/Providers as explained in the terms and conditions. 
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By accepting the terms and conditions, you agree that you have fully understood the policies stated under the terms and conditions and agree to comply with the ATTACHLY services through the mobile app. If you do not accept the terms and conditions of this agreement, you are not permitted to use or access the platform or any services offered through it.

1. The ATTACHLY platform

The ATTACHLY Platform offers a marketplace for on demand personal services where individuals seeking certain services can book the services instantly and receive those services at their desired location and time. ATTACHLY Contractors/Providers have the option to provide services as per their flexibility and availability by driving to the locations.  The services provided by Contractors/Providers to the Users/Customers are known as “Personal Services.” “ATTACHLY Services” refers to any services provided by ATTACHLY through the ATTACHLY Platform, excluding Third-Party Services.
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As a Provider, you authorize ATTACHLY to match or re-match you with Users/Customers based on various factors, including your service  offerings, location, requested time, preferences, membership status, regulatory requirements, user statistics, and overall platform efficiency. ATTACHLY may also cancel an existing match based on these or other considerations. Decisions to accept at home Services are made solely at the discretion of each Provider. When a Provider accepts Services from a User/Customer, a separate agreement is formed between them.

2. Modification to the T&C

ATTACHLY reserves the right to modify the terms of this Agreement at any time, with changes becoming binding only upon your acceptance of the updated Agreement. Additionally, ATTACHLY may periodically update information on linked pages, and those changes will take effect as soon as they are posted. Continued use of the ATTACHLY Platform after any updates signifies your acceptance of those changes. Changes to the Agreement do not grant a new opportunity to opt out of arbitration, unless significant alterations are made to the arbitration provisions.
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By using ATTACHLY services through the mobile app, you agree to review any changes. You can choose to accept or comply with these updates; if you disagree, you may stop using ATTACHLY services.
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This document may be revised as needed. Changes will take effect upon notification via email or a notice banner in the app. You acknowledge your agreement to the latest Terms and Conditions by periodically reviewing this document or when informed of new changes via email or notice.

3. Eligibility for ATTACHLY Contractors/Providers 

The ATTACHLY platform is intended solely for individuals who have the authority and capability to enter into this Agreement and fulfill its terms and obligations. By registering as a Contractor/Provider you confirm and guarantee that you are at least 18 years of age. Access to the ATTACHLY platform is not permitted for Contractors/Providers whose accounts have been temporarily or permanently deactivated. You must not allow anyone else to use your account; you are the only authorized Contractor/Provider, and you cannot use your account on behalf of others unless explicitly allowed by ATTACHLY. To access the ATTACHLY platform, each Contractor/Provider must create a single account. ATTACHLY reserves the right to deactivate any additional or duplicate accounts. Participation in certain ATTACHLY programs and the use of specific services may also have additional eligibility requirements set by ATTACHLY.

4. Account registration for Contractors/Providers

To access ATTACHLY and its services, the Contractors/Providers must create an account or register with ATTACHLY. To create an account, certain information like your name, email and contact is required to verify your identity as a true person. The information provided should be true and accurate as no fake accounts are allowed on ATTACHLY. Only one person can create an account for his/her identity and is not allowed to create an account for someone else. To maintain the integrity of the ATTACHLY platform , providers are required to provide their accurate information including their background information and professional licenses during the onboarding process with ATTACHLY. Contractors/Providers can delete their account at any given time by simply following the instructions provided for deleting the account.

5. Responsibiltiy for ATTACHLY Contractors/Providers

When the user books an on-demand service through ATTACHLY, Contractors/Providers  are liable and responsible for their safety, belongings, and any valuable items. Although ATTACHLY ensures that the Users/Customers are properly verified, it is the sole responsibility of the Contractor/Provider to take care of them and belongings when they accept to provide service at the requested location of the User/Customer’s home or office. In addition to this, the Contractors/Providers are required to follow the requirements below:

1. Professionalism
   Integrity: Always act honestly and ethically in all interactions.
   ‍Respect: Treat all ATTACHLY Users/Customers with respect and dignity.
   ‍Competence: Maintain a high level of expertise and stay informed about relevant industry standards and practices.
2. Quality of Service
   ‍Commitment to Excellence: Strive to provide the highest quality of service at all times.
   ‍Accountability: Take responsibility for your actions and the services provided.
   ‍Feedback: Welcome and actively seek feedback to improve services.
3. Communication
   ‍Transparency: Communicate openly and honestly about services and policies.
   ‍Responsiveness: Respond to inquiries and concerns promptly and professionally.
   ‍Confidentiality: Protect the privacy of ATTACHLY Users/Customers and sensitive information.
4. Punctual
   The Contractors/Providers should be punctual and arrive early or on time of the service and respect their client’s time.
5. Equipment & tools
   The Contractors/Providers should carry all their tools that are essential for providing the service.
6. Decorum
   ‍The Contractors/Providers should maintain proper code of conduct and decorum and should not involve in any side conversations.
7. Comfortable
   ‍The Contractors/Providers should feel comfortable in providing service. In case, when they feel unsafe or uncomfortable at a client location, they have the full right to exit the location and terminate their service.
8. Compliance and Legal Standards
   ‍Adherence to Laws: Comply with all relevant local, state, and federal laws and regulations.
   ‍Licensing and Certification: Maintain all necessary licenses and certifications required for the services provided.
9. Fairness and Equity
   ‍Non-Discrimination: Provide services without discrimination based on race, gender, age, disability, religion, or any other status.
   ‍Accessibility: Ensure that services are accessible to all clients, including those with special needs.
10. Cancellations
    In an event of emergency or critical situation where the provider is unable to travel or provide service, the Contractors/Providers should inform their client in advance about their situation and can suggest a different time. And inform the ATTACHLY team so we can work on their substitution.
11. Conversation
    ‍The Contractors/Providers should not involve Users/Customers with any personal discussions. They should refrain from any derogatory, harassing, or intimidating words and actions.
    a) If the Contractors/Providers are involved in any interaction with the Contractors/Providers other than service related, they own the responsibility for those interactions and their consequences. ATTACHLY is not accountable for such interactions.ATTACHLY doesn’t perform any background check on their Users/Customers that are registered through the App.
    b)ATTACHLY doesn’t perform any background check on their Users/Customers that are registered through the App.
12. Children
    If you have children or toddlers under the age of 13, you should keep them under supervision or childcare, but do not take them to User/Customer location.
13. Pets
    ‍The Contractors/Providers should keep their pets at home and should not carry them to the User/Customer location to avoid any interruption to the work.
14. Reporting and Accountability
    ‍Reporting Violations: Encourage the reporting of unethical behavior or violations of this code.
    ‍Disciplinary Action: Outline the consequences for breaches of this code, including possible disciplinary action.
15. Respect towards Users/Customers
    ‍Contractors/Providers should avoid any abusive and foul language. Any violent, aggressive, bully, hate, derogatory or disrespectful behavior towards the Users/Customers will not be accepted.
16. Sustainability and Responsibility
    ‍Environmental Awareness: Actively seek to minimize the environmental impact of services provided.
    ‍Social Responsibility: Engage in practices that contribute positively to the community and society.

6. ATTACHLY platform

7. ATTACHLY platform restrictions

With respect to the use of the ATTACHLY Platform, ATTACHLY Services, Third-Party Services, and participation in the Services, it is agreed that the following actions will not be taken:

1. Violations of any law, statute, rule, permit, ordinance, or regulation will not take place.
2. Interference with or disruption of the ATTACHLY Platform or the servers or networks connected to the ATTACHLY Platform will not happen.
3. Impersonation of any person or entity will not occur.  
4. Stalking, threatening, or harassing any person, or carrying any weapons will not be permitted.
   
5. Any part of the ATTACHLY Platform will not be “framed” or “mirrored” without prior written authorization, nor will meta tags or code or other devices containing any reference to us be used to direct any person to any other website for any purpose.  
6. Any portion of the ATTACHLY Platform will not be modified, adapted, translated, reverse engineered, deciphered, decompiled, or disassembled.
7. The ATTACHLY Platform or access to any portion of the ATTACHLY Platform will not be rented, leased, lent, sold, redistributed, licensed, or sublicensed.
8. Posting Information or interacting on the ATTACHLY Platform, ATTACHLY Services, Third-Party Services, or Services in a manner that is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal will not be allowed.  
9. The ATTACHLY Platform will not be used in any way that infringes upon any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy.  
10. Posting, emailing, or otherwise transmitting any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of the ATTACHLY Platform or any computer software, hardware, or telecommunications equipment, or to surreptitiously intercept or expropriate any system, data, or personal information will not be allowed.  
11. Headers will not be forged, nor will identifiers be manipulated to disguise the origin of any information transmitted through the ATTACHLYPlatform.    
12. Contractor/Provider accounts, passwords, and/or identifications will not be transferred, lent, or sold to any other party.  
13. A false email address or other identifying information will not be used, nor will any person or entity be impersonated or misrepresented, or affiliations with any person or entity omitted, misrepresented, or misled regarding the origin or source of any entity accessing the ATTACHLY Platform.  
14. Discrimination against or harassment of anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age, or sexual orientation will not occur.  
15. Referral Program rules will not be violated if participation in the Referral Program takes place.  
16. Misuse or abuse of the Services, Third-Party Services, or ATTACHLY Services in violation of eligibility requirements, as determined by ATTACHLY, will not take place.  
17. ATTACHLY’s Policy Against Sexual Assault, Misconduct, and Harassment will not be violated.  
18. Any measures implemented by ATTACHLY to prevent or address violations of this Agreement will not be circumvented.  
19. No third party will be caused to engage in the restricted activities listed above.
20. No robot, spider, site search/retrieval application, or other manual or automatic device or process will be used to retrieve, index, scrape, “data mine,” copy, access, acquire information, generate impressions or clicks, input or store information, search, or monitor any portion of the ATTACHLY Platform, or to reproduce or circumvent the navigational structure or presentation of the ATTACHLY Platform or its contents.  
21. Linking directly or indirectly to any other websites will not be permitted.  
22. The Services, Third-Party Services, or ATTACHLY Services will not be commercialized without a direct agreement with ATTACHLY.  

If any unauthorized party is suspected to be using your Contractor/Provider account or if any other breach of security or violation of this Agreement is suspected, immediate notification to us will be agreed upon.

8. Payment Terms

• Service Fee
  ATTACHLY platform may impose a “Service Fee” for each service provided, as specified by ATTACHLY.
• Express Service
  ‍During specific times, including express services and peak demand periods (“Prime Time”), you understand that additional fees may apply.
• Cancellation Fee
  ‍You can cancel a booking/ service request that you have accepted via the ATTACHLY Platform. However, be aware that a cancellation fee may be applicable in certain situations. Additionally, ATTACHLY may charge a fee if you do not provide the service after accepting it and you might not be paid for a non-completed or unfinished service. Please refer to the cancellation policy for more details.
• Abuse Fee
  If we receive credible reports of misuse or abuse of the ATTACHLY  Platform, you agree to pay an “Abuse Fee” of up to $500, as determined solely by ATTACHLY. ATTACHLY reserves the right, though is not obligated, to verify or require documentation of abuse before processing the Abuse Fee.
• Tips
  ‍ATTACHLY allows you to receive tips from your Users/Customers through the ATTACHLY Platform. All tips will be fully directed to the respective provider.
• Promotions, Referrals and Membership program
  ‍Promotions, referral programs, and loyalty programs with various features may be made available by ATTACHLY, at its sole discretion, to any Contractors/Providers or prospective Contractors/Providers. The right is reserved by ATTACHLY to withhold or deduct credits or benefits obtained through a promotion or program if it is determined or believed by ATTACHLY that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. The right is also reserved by ATTACHLY to terminate, discontinue, modify, or cancel any promotions or programs at any time and at its sole discretion without notice to you.
  Incentives may be provided by ATTACHLY’s referral program to encourage you to refer friends and family to become new Contractors/Providers of the ATTACHLY Platform in your country (the “Referral Program”). Participation in the Referral Program is subject to this Agreement and the additional terms that may be provided in the Referral Program.

9. Cancelation Terms

10. Contractor/Provider Representations, Warranties, and Agreements

By offering services as a Contractor/Provider on the ATTACHLY Platform, you agree to the following:

1. You have a valid Contractor/Provider license and certificate from Texas government and are licensed to provide services to the Users/Customers.
2. You have a valid driver's license and are fit to drive, holding all necessary ATTACHLY approvals to provide services in every area where you operate.
3. You own or have the legal right to use your vehicle, which is in good condition, meets industry safety standards, and complies with all relevant regulations. Any safety recalls will be addressed as per the manufacturer's instructions.
4. You commit to driving safely and responsibly to the User/Customer location, avoiding reckless behavior. You will not operate under the influence of alcohol or drugs, or engage in actions that could endanger others.
   
5. While providing services, you will not act as a separate individual, accept charge fees outside of what’s outlined in this Agreement. You won’t request cash payments or use credit card readers to collect payments.
6. You will not attempt to defraud ATTACHLY or its users. If we suspect fraudulent activity, we may withhold payments for the relevant services and take appropriate legal action.
7. You will treat all Users/Customers fairly and will follow the ATTACHLY’s Anti-Discrimination Policies. You will make reasonable accommodations or way of providing services for Users/Customers with disabilities.
8. You consent to us obtaining your criminal and driving records and agree to provide any necessary authorizations for this during the Agreement term.
9. You have valid liability insurance that meets legal requirements and covers your services. You agree to provide proof of this insurance upon request.
10. You will handle all ATTACHLY applicable taxes based on the services you provide and any payments you receive.
11. You will comply with reasonable requests from the ATTACHLY for information related to user complaints, law enforcement inquiries, or any other incidents.

11. Confidentiality

You agree not to use any technical, financial, strategic, or other proprietary and confidential information related to ATTACHLY’s business, operations, and properties, as well as information about Customers made available to you through the ATTACHLY Platform—such as the Customer’s name, vehicle details, contact information, and photos (“Confidential Information”)—for your own purposes or any other uses not specified in this Agreement. You will not disclose or allow the disclosure of any confidential Information to third parties, nor will you store any confidential Information separately from the ATTACHLY Platform. As a Contractor/Provider, you acknowledge that some of the confidential Information you receive may be protected under federal and state confidentiality laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which governs the privacy and security of protected health information.
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If you know a Customer, you must not disclose their identity or vehicle information, as doing so could violate HIPAA. You understand that any breach of the confidentiality provisions in this Agreement may also violate HIPAA or state confidentiality laws, potentially leading to civil or criminal penalties against you. You agree to take all reasonable precautions to safeguard the secrecy of ATTACHLY’s confidential Information and prevent it from becoming public.
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However, you will not be held liable to ATTACHLY for any Confidential Information if you can demonstrate that it: was in the public domain when disclosed by Attachly or has entered the public domain through no fault of your own; was known to you, without restriction, at the time of disclosure, as shown by existing files; is disclosed with ATTACHLY’s  prior written consent; becomes known to you, without restriction, from a source other than ATTACHLY, without breaching this Agreement; or is disclosed as required by a court, administrative agency, or other governmental entity. In such cases, you must promptly notify ATTACHLY of the court order or requirement to allow ATTACHLY the opportunity to seek a protective order or limit the disclosure.

12. Indemnification

You agree to indemnify and hold harmless ATTACHLY and its affiliates, subsidiaries, parent companies, successors, assigns, and each of their respective officers, directors, employees, agents, and shareholders (collectively referred to as the “Indemnified Parties”). You will also defend ATTACHLY, at its discretion, against any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the ATTACHLY Platform, ATTACHLY Services, Third-Party Services, or participation in the Services. This includes:

1. Your breach of this Agreement or any documents it references.
2. Your violation of any law or the rights of third parties, including Contractors/Providers, other motorists, and pedestrians, due to your interactions with them.
3. Any claims that materials or information you submit to us or transmit through the ATTACHLY Platform infringe upon or violate the copyright, trademark, trade secret, or other intellectual property rights of any third party.
4. Your ownership, use, or operation of a motor vehicle or passenger vehicle, including your role as a Provider.
   
5. Any other activities related to the ATTACHLY Platform, ATTACHLY Services, or Third-Party Services.

This indemnity applies regardless of any party’s negligence, including that of any Indemnified Party. You will not settle any claims on behalf of any Indemnified Party without ATTACHLY’s prior written consent, especially if the settlement involves monetary payments or admissions of liability, whether civil or criminal.

13. Limitation of Liability

In no event shall liability be incurred by ATTACHLY, including its affiliates, subsidiaries, parent companies, successors, assigns, and each of its respective officers, directors, employees, agents, or shareholders (collectively referred to as “ATTACHLY” for this section), for any incidental, special, exemplary, punitive, consequential, or indirect damages. This includes damages related to deletion, corruption, loss of data, loss of programs, failure to store any information or content maintained or transmitted by the ATTACHLY Platform, service interruptions, or the costs of procuring substitute services, arising from or in connection with the ATTACHLY Platform, ATTACHLY Services, or this Agreement, regardless of how they arise, including negligence, even if ATTACHLY or its agents or representatives have been informed of the possibility of such damages.
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The ATTACHLY Platform may be utilized by you to provide services at home or any desired location, but it is agreed that ATTACHLY holds no responsibility or liability related to any services and travel liabilities outlined in this Agreement. For clarity, and without limiting the foregoing, no responsibility or liability shall be held by ATTACHLY for any damages arising from or in connection with your use of or reliance on the services and transport used by the provider described in this Agreement, or any transactions or relationships with third-party Contractors/Providers. Certain jurisdictions may not permit the exclusion or limitation of specific damages; if such laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not be applicable, and you may have additional rights.

14. Contractor/Provider Agreement Termination

This Agreement becomes effective upon your acceptance. It may be terminated as follows: (a) by the Contractor/Provider, without cause, with seven (7) days’ written notice to ATTACHLY; or (b) by either Party immediately, without notice, in the event of a material breach by the other Party, including but not limited to breaches of Section 7.
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Additionally, ATTACHLY reserves the right to terminate this Agreement or deactivate your Contractor/Provider account immediately under the following circumstances: (1) if you are no longer eligible to be a Contractor/Provider; (2) if you are no longer qualified to receive Services under applicable laws or regulations; or (3) if ATTACHLY reasonably believes that such action is necessary to ensure the safety of the ATTACHLY community or third parties. In cases of deactivation under (1)-(3), you will be notified of the potential or actual deactivation and given an opportunity to address the issue to ATTACHLY satisfaction before the Agreement is permanently terminated.
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For other breaches of this Agreement, you will receive notice and a chance to remedy the breach. If the breach is resolved promptly and to ATTACHLY’s satisfaction, the Agreement will not be permanently terminated. 

15. Arbitration Agreement and Dispute Resolution

The arbitration terms and conditions or otherwise the Agreement is stated to manage the dispute resolution process. ATTACHLY disclaimer and arbitration:
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To the maximum extent permitted by law in no event shall the ATTACHLY parties be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are any way connected with (1) this agreement, (2) any use of the ATTACHLY member services by the ATTACHLY member (3) any failure or delay (including, but not limited to, the use or inability to use any component of the ATTACHLY booking engine), or (4) an ATTACHLY professional’s acts or omissions at a ATTACHLY member’s residence or other location whether related to the ATTACHLY professional’s provision of personal, wellness and fitness services to an ATTACHLY member or otherwise.
ATTACHLY expressly disclaims all representations, warranties, conditions, or indemnities, express or implied in respect of the ATTACHLY member services, including, without limitation, any representation or warranty as to the information provided about ATTACHLY professionals and the acts or omissions of ATTACHLY professionals.
The foregoing disclaimers apply to the maximum extent permitted by law. you may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
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You and ATTACHLY understand and agree that the disclaimers, exclusions, and limitations set forth herein are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that ATTACHLY would be unable to make the ATTACHLY Member Services available to you except these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
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If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
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This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by ATTACHLY Members, but may be freely transferred, assigned, or delegated by ATTACHLY.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and ATTACHLY shall exclusively be settled through binding and confidential arbitration.
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Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American ArbitrationAssociation (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
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You and ATTACHLY must abide by the following rules:(1) ANY CLAIMS BROUGHT BY YOU OR ATTACHLY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, ATTACHLY will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) ATTACHLY also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of ATTACHLY its privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content orresults of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or ATTACHLY may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Dallas, TEXAS. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Dallas, TEXAS in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dallas, TX for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
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With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor ATTACHLY shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Dallas, TEXAS.
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For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
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The terms and conditions (“Agreement”) are governed under the laws of state of Texas in compliance with the Federal Arbitration Act.

16. Disclaimer

The following disclaimers are made on behalf of ATTACHLY, along with our affiliates, subsidiaries, parents, successors, assigns, and each of our respective officers, directors, employees, agents, and shareholders.
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ATTACHLY is a marketplace and does not directly provide beauty, fitness, wellness, or transportation services; these services are offered by independent contractors through the use of ATTACHLY platform. Contractors/Providers decide whether to offer a service to Contractors/Providers, while Contractors/Providers choose whether to accept a service from Contractors/Providers. We cannot guarantee that a Provider will fulfill any booked service, nor can we control the quality or safety of services provided at home or other locations. Any safety measures implemented by ATTACHLY do not imply an employment or agency relationship with Contractors/Providers.
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The ATTACHLY platform is offered on an “as is” basis without any express, implied, or statutory warranties. We do not promise specific outcomes from using the ATTACHLY platform, ATTACHLY Services, or Third-Party Services, including the ability to access on-demand services at a particular time or location. ATTACHLY reserves the right to limit or restrict access to the platform based on commercial viability, public health concerns, or legal changes. To the fullest extent permitted by law, we disclaim any implied warranties, including those of merchantability and fitness for a particular purpose. Some jurisdictions may not allow such disclaimers, so this may not apply to you.
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We do not guarantee that your use of the ATTACHLY platform or related services will be accurate, complete, reliable, secure, uninterrupted, or free from errors, or that it will meet your needs. You are responsible for your conduct and its consequences while using the ATTACHLY platform.
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Although we take measures to verify the identity of Users during the registration process, we cannot confirm the identity of Users when you arrive at their location. Please exercise caution when using the platform and verify the identity of Users by checking their photos. There are risks associated with interacting with underage individuals or those misrepresenting themselves, and we are not liable for any content or interactions involving Users under the age of 18. We encourage direct communication with Users before arranging any services.
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ATTACHLY is not responsible for the conduct of any User, online or offline. You are solely accountable for your interactions with Users. We do not provide insurance for personal belongings during these services. By using the ATTACHLY platform, you accept these risks and acknowledge that ATTACHLY is not liable for any actions or omissions of Contractors/Providers.
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You are responsible for your Provider account, and ATTACHLY disclaims any liability for unauthorized use of your account. Others may access information you share on the ATTACHLY platform, which could be misused to harass or harm you. We are not responsible for how your personal information is handled by Users on the ATTACHLY platform. Be mindful of the information you disclose or post.
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Opinions, advice, and other content regarding ATTACHLY, not directly provided by us, are the responsibility of their respective authors and should not be solely relied upon. We are not liable for any losses resulting from reliance on third-party content. We reserve the right to monitor and remove materials that violate this Agreement or applicable laws.
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Location data provided by the ATTACHLY platform is for general purposes only and should not be relied upon in critical situations. Neither ATTACHLY nor its content Contractors/Providers guarantee the accuracy or reliability of this location data. Any geolocation information you provide may be accessible to ATTACHLY and other Contractors/Providers.
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ATTACHLY recommends using the platform with an unlimited or high-data plan, as we are not responsible for any fees associated with your data plan.
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This paragraph pertains to any version of the ATTACHLY platform acquired from the Apple App Store. This Agreement is solely between you and ATTACHLY; Apple is not a party to it and has no obligations concerning the ATTACHLY platform. However, Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you. This Agreement incorporates Apple’s Licensed Application End User License Agreement, and in case of any conflicts between the two, this Agreement shall take precedence.
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Contractors/Providers may also utilize Google Maps while using the ATTACHLY platform. By doing so, you consent to Google collecting your location data, which may also be shared with ATTACHLY for operational improvements. Google’s terms and privacy policy will apply.
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ATTACHLY is not liable for any delays or failures in fulfilling obligations under this Agreement due to events beyond its reasonable control, including natural disasters, labor disputes, government actions, pandemics, and other similar causes. Service dates affected by force majeure will be postponed for the duration of the event. The parties agree to reschedule obligations as soon as possible after the force majeure condition ends.

17. Intellectual Property

All intellectual property rights related to the ATTACHLY Platform are owned entirely by ATTACHLY, including patents, copyrights, trademarks, and other proprietary rights. Any trademarks or logos present on the platform belong to their respective owners.
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You acknowledge that any feedback or information (“Submissions”) you provide to ATTACHLY is non-confidential and becomes the property of ATTACHLY, which may use it for any purpose without compensation to you. This Agreement does not transfer any intellectual property rights.
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ATTACHLY and its logos are registered trademarks. You agree to adhere to ATTACHLY’s Brand Guidelines and cease any non-conforming use upon request. You must not create unauthorized materials using ATTACHLY Marks, impair their validity, or challenge ATTACHLY’s ownership. You cannot register any trademarks similar to ATTACHLY Marks or use them in illegal activities.
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You may not sell or redistribute ATTACHLY materials except as provided by ATTACHLY. Violating these terms may lead to immediate termination of your license, takedown requests, or legal proceedings. Any unauthorized materials created using ATTACHLY Marks are owned by ATTACHLY, and you agree to assign any rights to ATTACHLY.
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ATTACHLY respects intellectual property rights and expects Contractors/Providers to do the same. If you believe any materials on the ATTACHLY Platform infringe your copyrights, please refer to our Copyright Policy for complaint procedures.

18. Queries, Comments, Complains

If you would like to report to us about any complain regarding the services or have any questions in general, you can send us an email at: info@attachly.co
Our support team will thoroughly review your request and contact you back at the email provided by you. Our team will do their best to address your concerns and guide you with the next steps. Please ensure that you provide us with your most current email address so we can communicate with you in an efficient way. This agreement also states that you give consent to receive the email communication.