Because we're allergic to legalese, here's a plain English summary of the updates we've made to our Terms of Service. We've made three primary changes:
Welcome to the Eden ("Eden") website located at www.eden.io (the "Site") and mobile application ("App") offered by Eden Technologies, Inc. ("Eden"). These Terms of Service (these "Terms") govern your access to and use of our Site and App (collectively, the "Platform") and our provision of a variety of services, including, cleaning, task, handyman and technology support services (each, a "Service" and collectively, the "Services") to you. The Services are performed by "Wizards", some of whom are employees of Eden and some of whom are independent contractors. If you book a Service through the Platform, you are a "Customer".
Eden is willing to provide the Services to you only upon the condition that you accept these Terms. By accessing or using the Platform, and/or booking a Service, you agree to these Terms. If you do not accept these Terms, then you may not access or use the Platform, or utilize the Services. If you are accessing and using the Platform and the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity.
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site, App or through other communications. It's important that you review the modified Terms because if you continue to use the Platform and the Services after we've let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms then you may no longer use the Platform and the Services. Because the Platform and the Services are evolving over time we may change or discontinue all or any part of the Platform or the Services, at any time and without notice, at our sole discretion.
Eden provides Services to businesses as set out on the Site. These Services include:
Our Platform enables Customers to book a Service, and Eden will assign an applicable Wizard to perform the Service.
When you request to book a Service, Eden will assign a Wizard who is capable of performing that Service. Some of the Wizards are (i) employees of Eden; (ii) employees of businesses with which Eden contracts; or (iii) independent contractors engaged by Eden under a separate agreement. Eden is careful in selecting Wizards - as employees, contractors and independent contractors. Irrespective of whether a Wizard is an employee, contractor or an independent contractor of Eden, Eden represents that each Wizard assigned to perform a Service for you is legally authorized to work in the United States.
We welcome feedback, comments and suggestions for improvements to the Platform and the Services ("Feedback"). You can submit Feedback by emailing us at firstname.lastname@example.org or through the functionality available on the Platform. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sublicenses, under any and all intellectual property rights that you own or control to copy, modify, create derivative works based upon and otherwise use the Feedback for any purpose.
You agree not to do any of the following:
Although we're not obligated to monitor access to or use of the Platform or content or to review or edit any content, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including any Customer Materials, you provide to us via the Platform, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform or the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Platform may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, EDEN EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
You will indemnify, defend and hold harmless Eden and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) bodily injury, personal injury (including death) to any person, or damage to tangible property resulting from the negligent or willful acts or omissions of Customer or its personnel; (ii) your access to or use of the Platform; or (iii) your violation of these Terms.
IN NO EVENT WILL EDEN BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES OR THE PLATFORM, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF EDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EDEN'S TOTAL LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO EDEN BY CUSTOMER UNDER THIS AGREEMENT IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
During the term of these Terms and for a period of twelve (12) months thereafter, you will not directly or indirectly solicit the services of any Wizard who participated in the performance of Services for your own benefit or for the benefit of any other person or entity. If any such unauthorized solicitation occurs and results in Customer hiring for employment, or engaging for services, one or more Wizards, you agree to pay Eden liquidated damages in the amount of $20,000 for each such successful solicitation, in addition to any other remedies available to Eden at law.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Any claim, cause of action or dispute between you and Eden arising out of or relating to these Terms, the Platform, the Services and the Customer Materials will be brought exclusively in the federal or state courts located in the Northern District of California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
These Terms constitute the entire and exclusive understanding and agreement between Eden and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Eden and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Eden's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Eden may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Eden under these Terms, including those regarding modifications to these Terms, will be given by Eden: (i) via email; or (ii) by posting to the Site or App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Eden's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Eden. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services please contact Eden at email@example.com.