AsystYou LLC (“AsystYou”) provides an Internet-enabled, membership-style service dedicated to assisting you with many facets of your day to day activities (“Services”). We offer this assistance at a low cost, enabling our customers to save both time and money.
2. ACCOUNT AND SERVICES. To receive our Service, you must first establish an account with us through the Site or App (“Account”). This involves you accurately and completely providing and maintaining all requested information, materials and items requested for the Account. An Account is available only to individuals or entities that can form legally binding contracts under applicable law, which in the case of an individual requires you to be at least 18 years old. When signing up for our Services, you authorize us, whether directly or through third parties, to make any inquiries we consider necessary to validate your identity and information. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and/or verifying your information against third party databases or through other sources. Our Account for you will not be deemed active until approved by us and is subject to suspension or termination by us at any time for any reason.
Each request for Service from us (a “task”) must be submitted online using our Account for you through our online Site or App. Each such request should be submitted on its own as a single task. If you have several tasks that need to be done, submit each request separately so as to ensure quick turnaround and clear communication. Service requests that are illegal, harassing, threatening, dangerous, or otherwise prohibited or declined by us will not be considered. If it is necessary to cancel a scheduled service, AsystYou requests a 24 hour notice. Failure to provide notice in an advance will result in you being accessed and owe us our then-current Service Cancellation fee.
Our Services are intended for only registered, authorized users that have a current and valid Account. Tasks that are requested using our Account for you are intended for your benefit only, and we will not be held accountable for any task, information or Service provided to or used by a third party not privy to this Agreement. Accounts are not to be shared in any way, which means that you are prohibited from requesting or assigning tasks or Services that are to be provided on behalf of you to other people.
You may close your Account at any time by logging in to the Site or App and following the instructions to cancel membership or by contacting a AsystYou authorized Representative. Before your request to close your Account will become effective, you must pay AsystYou and all third-parties, if any, all such amounts that are due or will become due as a result of Services provided during the current billing cycle. All payments are final and no refund will be provided upon the closing of your Account.
3. THIRD PARTY VENDORS AND SERVICES. Requests for the purchase of merchandise and/or services from third party vendors made of us by or for you will involving third-party charges. You are responsible for paying all such amounts, whether we initially pay them or instead arrange (or have you arrange) to pay them directly. In particular, if a task will involve the spending of more than $300 with a third-party vendor, you authorize us to pre-charge your card credit card for the amount that is estimated to be owed. We shall not purchase any item on your behalf from a third party vendor unless first authorized by you to do so. Unless we arrange for you to make a pre-payment or direct payment, purchases and expenses with third party vendors that are paid by us in performance of our Services for you will be added to your invoice as made.
Whenever a third party vendor performs a requested service or provides a requested product (i.e. dry cleaning, car detailing, household contractors, handymen, etc.), you acknowledge and agree that neither AsystYou nor its owners, managers, employee, or representatives shall be responsible for any damages whatsoever caused by the third party vendor and that you shall look only to that third party vendor, and not us, in case of any liability, loss or damage. AsystYou does not guarantee, and expressly disclaims all warranty for, products or services provided by third party vendors.
4. FEES AND PAYMENTS. You are required to enroll in a bill plan and will be charged a fee at the beginning of each billing period for the plan that you have selected. Additionally, you will be charged at that time for all By-the-Task requests incurred in the just completed month. Please note, to maintain service levels, we engage staff based upon the number or enrolled members, so no refunds will be given for unused hours or requests. Membership renewal is automatic unless you provide us with written notice of cancellation at least 15 days prior to the then-current expiration date for your membership.
You are responsible for, and agree to pay promptly, all fees and charges to your Account, including (without limitation) for all amounts due because we paid (or are being charged) for third-party products, services, expenses and/or charges arising from our provision of Services, or the purchase by us of products or services for you from third-party vendors, as well as any and all applicable taxes and duties, third-party shipping & handling fees and third-party processing/service fees. All fees and amounts are to be paid in US Dollars.
We reserve the right to require the payment of our fees or amounts due third-party vendors at any time, including in advance. Changes in basic membership Plan fees become effective at the beginning of their next billing period. Changes to our fee schedule otherwise, including for By-the-task Services, become effective immediately as soon as we provide notice by posting the changes on the Site or contacting you by sending you notice, whether by email, text, phone or traditional mailing.
We accept payment by cash, check, MasterCard, Visa, American Express and PayPal. In the event that you have provided us with multiple charge cards or payment accounts, whether through a single Account or multiple Accounts, you hereby authorize us to make charges against any and all such cards and Accounts in the event that the primary charge method provided should either: not be available, be declined, or not have sufficient funds. By giving your electronic signature, you authorize your credit card company to accept the charges in lieu of an imprinted sales draft. When you specify a payment method, we will continue to use such method unless you tell us otherwise.
Regarding our use of third-party payment processors to bill you through a payment account linked to our Account for you on the Site. The processing of such payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to those contain in this Agreement and our Policies. We are not responsible for error by the payment processor. By choosing to use paid services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such paid services in accordance with the applicable payment terms and you authorize us, through the payment processor, to charge your payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your Payment Method. If we, through the payment processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.
5. WARRANTY DISCLAIMER. AsystYou, ON BEHALF OF ITSELF AND ITS CONTRACTORS AND SUPPLIERS, MAKES NO WARRANTY OF ANY KIND REGARDING THE SERVICES, SITE, APP AND/OR ANY CONTENT OR MATERIALS PROVIDED, ALL OF WHICH ARE PROVIDED “AS IS.” NEITHER THIS SITE, THE APP, THE SERVERS NOR ANY COMMUNICATION SENT FROM AsystYou IS REPRESENTED OR WARRANTED TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, NEITHER AsystYou NOR ITS CONTRACTORS AND SUPPLIERS WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF DELIVERABLE, INFORMATION, MATERIAL OR SERVICE PROVIDED OR FOUND (WHETHER ON THE SITE, APP OR FROM RESULTS OF SERVICES OTHERWISE), AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. AsystYou assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site, App or your receiving or downloading any materials, data, text, images, video or audio from the Site, App or as a result of Services. We are also not responsible for any loss attributed to our failure to provide timely reminders to you. To the maximum extent permitted by applicable law, in no event shall AsystYou or any contractor or supplier be liable for any injury, loss, liability, claim, expense, damage including, without limitation, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of the Site, App or content found therein, or (ii) the performance or non-performance by AsystYou or our contractors or suppliers for any Service, including (without limitation) for non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if you were advised of the possibility of damages. Regardless of the claim, the maximum liability of AsystYou and its contractors and suppliers to you, or anyone claiming through you, for any breach of this Agreement shall be the amount of fees paid to us by you during the month in which your claim first arose.
7. OWNERSHIP. The Site, App and content appearing thereon or otherwise arising from the Services that we provide, is the copyrighted property of AsystYou. Nothing contained on the Site or App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrights without the written permission of AsystYou. “AsystYou.com,” “AsystYou,” and all related logos, products and services appearing or described on the Site or App or appearing with our materials are copyrighted, trade name and/or trademarked materials of AsystYou. You may not copy, imitate or use them without AsystYou’s prior written consent. We and our licensors own all right, title and interest, including intellectual property rights, in the Service, Site and App. All limited use rights not expressly granted to you are reserved to and by us and our licensors.
You, from time to time, may submit comments, information, questions, data, ideas, description of processes, or other information provided to us or our licensors or suppliers (“Feedback”). For any and all Feedback, you grant to us and our licensors and providers a non-exclusive, worldwide, perpetual, irrevocable license to use, exploit, reproduce, incorporate, distribute, disclose, and sublicense any Feedback in its products, solutions and services. You represents that you hold all intellectual or proprietary rights necessary to grant such license and that the Feedback will not violate the personal, proprietary or intellectual property rights of any third party.
8. INDEMNIFICATION. You agree to defend, indemnify and hold AsystYou and its owner, managers, officers, employees and representatives harmless from any liability, loss, claim, investigation, damage, cost, expense or demand (including reasonable attorneys’ fees) owed to or made or incurred by any third-party due to or arising out of your breach of this Agreement, requests for our Services, actions or omission arising from or relating to the Services, and/or your use of the Site or App.
9. DISPUTES. If a dispute arises between you and AsystYou please contact us first. Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and AsystYou regarding our Services may be reported to customer service through the Site or App or by calling AsystYou at the number provided on the Site or App.
FURTHERMORE, YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IF THE AMOUNT IN DISPUTES EXCEEDS $250,000 AND ITS JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES WHEN LESSER AMOUNTS ARE IN ISSUE. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. THE ARBITRATOR SHALL ISSUE A WRITTEN REASONED DECISION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
10. GOVERNING LAW AND ENFORCEMENT. This Agreement and its performance shall be governed by the laws of the state of Georgia, USA, without regard to its conflict of laws provision. You consent and submit to the exclusive jurisdiction of the state of Georgia, USA, in all questions and controversies arising out of your use of this Site, the Services and this Agreement and its subject matter, including all questions and controversies subject to binding arbitration. To the extent allowed by applicable law, any claim or cause of action arising from or relating to this Agreement, its subject matter, your access or use of the Site or App, or the Services must be brought within one (1) year from the date on which such claim first accrued. If AsystYou takes any action to enforce this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees, costs, and any cost of arbitration, in addition to any other relief, at law or in equity, to which we may be entitled.
11. WAIVER AND SEVERABILITY. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
12. TERMINATION. AsystYou may terminate this Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this Site or our Services as well as for your failure to comply with the terms and conditions of this Agreement or our policies. Such termination shall not affect any right to relief to which AsystYou may be entitled, at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to you will terminate and revert to AsystYou as applicable.
13. ASSIGNMENT PROHIBITION. You may not assign, convey, transfer, subcontract or delegate this Agreement, your Account or any tasks, Services, rights, duties or obligations hereunder.
14. ENTIRE AGREEMENT AND MODIFICATION. This Agreement, together with any terms and conditions incorporated herein or referred to herein, constitutes the entire understanding, arrangement and agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site. AsystYou may at any time modify the terms and conditions of this Agreement and your continued use of this Site and the Services will be conditioned upon the terms and conditions in force at the time of your use.
15. NOTICE. AsystYou may provide notices to you of changes to our Agreement or Policies, or of issues AsystYou may have, by website postings, emails to the email address listed with us for your account, text message to the contact information that we have listed for you, or by mail to the street address listed with us for your account. Such notices shall be considered to be received by you within 24 hours of the time they are posted to our website or sent by email to you unless we receive notice that the email was not delivered. Any notice sent by mail will be considered to have been received by you three business days after it is sent.
16. FORCE MAJEURE. AsystYou shall not be liable for any delay or failure to perform any service or for the Site if the delay or failure results from events or circumstances outside its reasonable control, including (without limitation) acts of God, acts of nature, strikes, lock outs, accidents, war, acts of terrorism, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and AsystYou shall be entitled to a reasonable extension of its obligations.