Terms and Conditions of Use

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires:

• "Account" means a registered user account on the Platform.
• "Commission Fee" means the fee charged by Serbiz on completed transactions between Listers and Hustlers, as displayed on the Platform at the time of the transaction.
• "Company," "Serbiz," "we," "us," or "our" means Serbiz Tech Pte. Ltd., a company incorporated in Singapore, with its registered office at 32 Pekin Street, #05-01, Singapore 048762.
• "Content" means any text, images, videos, reviews, ratings, listings, or other materials uploaded, posted, or transmitted through the Platform.
• "Hustler" means a User who offers and provides services through the Platform.
• "Listing" means a service request or task posted on the Platform by a Lister.
• "Lister" means a User who posts service requests or tasks on the Platform.
• "Platform" means the Serbiz mobile application, website (serbiz.app), and all related services, features, and tools.
• "Service Agreement" means the terms agreed upon between a Lister and a Hustler for a specific transaction, including but not limited to the scope of work, timeline, deliverables, and compensation.
• "Transaction" means a completed or in-progress engagement between a Lister and a Hustler facilitated through the Platform.
• "User," "you," or "your" means any individual who accesses or uses the Platform, whether as a Lister, Hustler, or both.

2. Acceptance of Terms

2.1. By creating an Account, accessing, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, our Privacy Policy, and any additional guidelines, policies, or rules posted on the Platform.

2.2. Serbiz reserves the right to modify these Terms at any time. We will notify you of material changes through the Platform or via email. Your continued use of the Platform after such notification constitutes acceptance of the modified Terms.

2.3. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Eligibility

3.1. You must be at least eighteen (18) years of age to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

3.2. You must not have been previously suspended or removed from the Platform.

3.3. You must comply with all applicable laws and regulations in your jurisdiction, including but not limited to labor laws, tax obligations, and licensing requirements applicable to the services you offer or request.

4. Account Registration and Security

4.1. To access certain features of the Platform, you must register for an Account by providing accurate, current, and complete information as requested during registration.

4.2. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to immediately notify Serbiz of any unauthorized use of your Account.

4.3. You may not create more than one Account, impersonate another person, or use another person's Account without authorization.

4.4. Serbiz may require identity verification, including submission of government-issued identification documents, as a condition of using certain Platform features. You consent to this verification process.

4.5. Serbiz reserves the right to refuse registration, suspend, or terminate any Account at its discretion if it determines that you have violated these Terms or that your use of the Platform poses a risk to the community.

5. Platform Services

5.1. Serbiz provides an online peer-to-peer marketplace that connects Listers who seek services with Hustlers who offer services. Serbiz is not a party to the Service Agreement between Listers and Hustlers and does not itself provide the underlying services listed on the Platform.

5.2. Serbiz acts as a facilitator and intermediary for Transactions, including facilitating communication, matching, payment processing, and dispute resolution. However, Serbiz does not guarantee the quality, safety, legality, or availability of any services listed on the Platform.

5.3. The Platform utilizes AI-assisted technology, including automated matching features ("Earnie" and "Scout"), to recommend and connect Listers with Hustlers. These recommendations are provided as suggestions only and do not constitute endorsements.

5.4. Serbiz may offer additional services from time to time, including but not limited to in-app boosting or spotlight services that allow Users to promote their Listings or profiles for a fee, and advertising services for third-party clients.

6. Fees and Payments

6.1. Serbiz charges a Commission Fee on completed Transactions between Listers and Hustlers. The applicable Commission Fee rate will be clearly displayed on the Platform prior to the confirmation of any Transaction. Serbiz reserves the right to modify Commission Fee rates at any time, with advance notice to Users.

6.2. Payment processing is facilitated through third-party payment service providers, including Stripe and 2C2P, depending on your jurisdiction. By using the Platform's payment features, you agree to be bound by the applicable payment processor's terms of service in addition to these Terms.

6.3. Serbiz may hold funds in connection with a Transaction until the Lister confirms satisfactory completion of the service or the applicable release conditions are met.

6.4. Users acknowledge that Serbiz does not provide escrow services and is not a bank, financial institution, or money services business. Funds held in connection with Transactions are held by our payment processing partners in accordance with their regulatory obligations.

6.5. All fees are non-refundable unless otherwise specified in these Terms or required by applicable law.

6.6. You are solely responsible for any taxes, duties, or levies applicable to payments you receive or make through the Platform in your jurisdiction.

6.7. Users who purchase boosting, spotlight, or promotional services agree that such fees are charged separately from Commission Fees and are non-refundable once the promotional service has been activated.

7. Service Agreements and User Obligations

7.1. When a Lister and a Hustler agree to a Transaction, they enter into a Service Agreement that sets out the specific terms of the engagement, including but not limited to the scope of work, timeline, deliverables, location, and compensation. This Service Agreement constitutes a binding agreement between the Lister and the Hustler.

7.2. Users are solely responsible for the accuracy and completeness of the information they provide in their Listings, profiles, and Service Agreements.

7.3. Hustlers represent and warrant that they possess the necessary skills, qualifications, licenses, and permits required to perform the services they offer. Serbiz does not verify professional qualifications unless explicitly stated.

7.4. Listers agree to provide accurate descriptions of the services requested, including any special requirements, conditions, or hazards that may be relevant to the Hustler's performance.

7.5. Both parties agree to act in good faith and to communicate promptly and professionally throughout the Transaction.

8. Prohibited Conduct

8.1. You agree not to use the Platform for any unlawful, harmful, or prohibited purpose. The following conduct is strictly prohibited:

Prohibited Services and Content:

• Offering, requesting, or facilitating sexual services, escort services, or any form of sex work.
• Offering, requesting, or facilitating any services involving minors (persons under 18 years of age), including but not limited to child labor or exploitation of any kind.
• Offering, requesting, or facilitating any services related to weapons, firearms, ammunition, explosives, or any regulated arms.
• Offering, requesting, or facilitating services involving illegal drugs, controlled substances, drug paraphernalia, or any illicit narcotics.
• Offering, requesting, or facilitating services involving gambling, betting, or any other vice-related activities prohibited by applicable law.
• Offering, requesting, or facilitating counterfeit goods, stolen property, or any goods or services that infringe upon intellectual property rights.
• Offering, requesting, or facilitating services involving human trafficking, forced labor, or modern slavery.
• Offering, requesting, or facilitating any services that violate export control laws, sanctions, or trade restrictions.
• Offering, requesting, or facilitating services involving the production, distribution, or promotion of hate speech, extremist content, or terrorism-related materials.
• Offering, requesting, or facilitating services intended to deceive, defraud, or mislead others, including phishing, scams, Ponzi schemes, or pyramid schemes.

Prohibited Behavior:

• Sexual harassment, including unwelcome sexual advances, requests for sexual favors, or any verbal or physical conduct of a sexual nature.
• Bullying, intimidation, threats of violence, or any form of harassment directed at any User, Serbiz employee, or third party.
• Hate speech, discrimination, or abuse based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic.
• Stalking, doxing, or publishing another person's private information without their consent.
• Impersonation of another person, entity, or Serbiz representative.
• Manipulation of ratings, reviews, or feedback systems, including soliciting or providing fake reviews.
• Circumventing or attempting to circumvent Platform fees by conducting Transactions outside the Platform after initial contact was made through the Platform.
• Using automated systems, bots, scrapers, or other software to access, extract data from, or interact with the Platform without prior written authorization.
• Transmitting viruses, malware, or any other harmful code through the Platform.
• Interfering with the operation of the Platform, including through denial-of-service attacks or other disruptive activities.
• Engaging in money laundering, terrorist financing, or any other financial crime.

8.2. Serbiz reserves the right to investigate and take appropriate action against any User who violates this section, including removal of Content, suspension or termination of Accounts, reporting to law enforcement authorities, and pursuit of legal remedies.

9. Dispute Resolution Between Users

9.1. In the event of a dispute arising from a Transaction, including but not limited to payment disputes, service quality issues, or non-performance, either party may file a report through the Platform's in-app reporting system.

9.2. Upon receipt of a dispute report, Serbiz will review the matter by examining the Service Agreement, the terms and conditions agreed upon by both parties prior to the commencement of the service, transaction records, communication logs, and any supporting evidence submitted by the parties.

9.3. Serbiz will use reasonable efforts to adjudicate the dispute fairly and in accordance with the Service Agreement. The adjudication process will consider whether the Hustler fulfilled the obligations set out in the Service Agreement, including specific sub-terms such as timelines, deliverables, and agreed-upon conditions.

9.4. Serbiz's determination in a dispute shall be final and binding on both parties, subject to applicable consumer protection laws. Users acknowledge that by using the Platform and its payment processing features, they consent to Serbiz's role as adjudicator in payment-related disputes.

9.5. Serbiz reserves the right to withhold, release, or refund payments in connection with a disputed Transaction based on the outcome of its review.

9.6. Users agree to cooperate in good faith with Serbiz during the dispute resolution process, including providing requested information and evidence in a timely manner.

9.7. Serbiz's dispute resolution process is provided as a service to Users and does not create any fiduciary, agency, or legal advisory relationship between Serbiz and the parties to the dispute.

10. Intellectual Property

10.1. All intellectual property rights in the Platform, including but not limited to trademarks, logos, software, algorithms, designs, text, and graphics, are owned by or licensed to Serbiz and are protected by applicable intellectual property laws.

10.2. By posting Content on the Platform, you grant Serbiz a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform such Content in connection with the operation and promotion of the Platform.

10.3. You retain ownership of your Content, subject to the license granted above. You represent and warrant that you have all necessary rights to grant such license and that your Content does not infringe the rights of any third party.

11. Limitation of Liability

11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERBIZ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.

11.2. SERBIZ'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO SERBIZ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100.00).

11.3. Serbiz does not guarantee the identity, qualifications, competence, or conduct of any User. You acknowledge and agree that Serbiz is not responsible for the acts or omissions of any User, including but not limited to any injury, damage, or loss arising from a Transaction.

11.4. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Indemnification

12.1. You agree to indemnify, defend, and hold harmless Serbiz, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any Content you post or transmit through the Platform.

13. Account Termination and Deletion

13.1. You may request deletion of your Account at any time by submitting a deletion request through the Platform. Account deletion requests are subject to review by our team to ensure that you do not have any ongoing Transactions, outstanding payments, unresolved disputes, or other pending obligations.

13.2. Upon clearance by our team, your Account will be deactivated and your personal data will be handled in accordance with our Privacy Policy, including a retention period of ninety (90) days post-deletion.

13.3. Serbiz may suspend or terminate your Account immediately and without prior notice if: (a) you materially breach these Terms; (b) your conduct poses a risk to the safety or security of other Users or the Platform; (c) your Account is subject to a legal or regulatory requirement, law enforcement request, or government order; or (d) your Account has been inactive for an extended period as determined by Serbiz.

13.4. Upon termination, your right to use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 10, 11, 12, 14, 15, and 16.

14. Governing Law and Jurisdiction

14.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of laws principles.

14.2. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be Singapore.

Multi-Jurisdiction Provisions:

Philippines: For Users located in the Republic of the Philippines, nothing in these Terms shall be construed to limit or waive any rights afforded under the Consumer Act of the Philippines (R.A. 7394), the Data Privacy Act of 2012 (R.A. 10173), the Electronic Commerce Act of 2000 (R.A. 8792), or any other applicable mandatory consumer protection legislation. To the extent any provision of these Terms conflicts with mandatory Philippine law, such mandatory law shall prevail.

Vietnam: For Users located in the Socialist Republic of Vietnam, these Terms are subject to and shall be interpreted in compliance with the Civil Code 2015, the Law on Consumer Rights Protection 2023, the Cybersecurity Law 2018, and any other applicable Vietnamese legislation. Mandatory provisions of Vietnamese law that cannot be excluded by agreement shall apply notwithstanding any contrary provision in these Terms.

United States: For Users located in the United States of America, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California (without regard to choice of law provisions) shall apply to the extent they govern the enforceability and interpretation of the arbitration clause. Notwithstanding the foregoing, Users in the United States retain any non-waivable rights under applicable state and federal consumer protection statutes.

15. Dispute Resolution with Serbiz

15.1. In the event of a dispute between you and Serbiz, you agree to first attempt to resolve the dispute informally by contacting us at support@serbiz.app. If the dispute is not resolved within thirty (30) days, either party may pursue formal resolution as set out in Section 14.

15.2. You and Serbiz agree that any dispute resolution proceedings shall be conducted on an individual basis and not as part of a class, consolidated, or representative action.

16. General Provisions

• Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Serbiz with respect to the Platform.
• Waiver. The failure of Serbiz to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Serbiz. Serbiz may assign its rights and obligations without restriction.
• Force Majeure. Serbiz shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, government actions, or internet or telecommunications failures.
• Notices. Notices to Serbiz should be sent to support@serbiz.app or to our registered office at 32 Pekin Street, #05-01, Singapore 048762. Notices to Users will be sent to the email address associated with their Account.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Serbiz Tech Pte. Ltd.
32 Pekin Street, #05-01, Singapore 048762
Email: support@serbiz.app
Website: https://serbiz.app