Terms of Service
Last Updated: February 11, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING ADVICEHUB. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE PLATFORM.
These Terms of Service (the "Terms") govern your access to and use of Advicehub website, mobile application, and/or online services (collectively, the "Platform"). Advicehub facilitates an online marketplace where organizations, businesses, or individuals seeking AI consulting or related professional services ("Clients") can connect with independent service providers specializing in AI-related work ("Consultants"). These Terms affect your legal rights and obligations, so it is important that you read them carefully. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our [Privacy Policy]. If you do not agree, you should not use the Platform.
1. DEFINITIONS
1.1 "Client" refers to any individual, company, or entity that uses the Platform to seek and hire AI consulting services from Consultants.
1.2 "Consultant" refers to any individual, company, or entity that offers AI consulting or related professional services through the Platform.
1.3 "User" or "you" refers to any person who accesses or uses the Platform, whether as a Client, Consultant, or a visitor without a registered account.
1.4 "Services" refers to the services provided by Consultants to Clients through the Platform.
1.5 "Agreement" refers to these Terms of Service, along with any applicable policies referenced herein.
2. ELIGIBILITY AND ACCOUNT REGISTRATION
2.1 Eligibility Requirements
To use the Platform, you must:
- Be at least 18 years old (or the age of majority in your jurisdiction if older)
- Have the legal capacity to enter into a binding contract
- Agree to comply with these Terms and all applicable laws, rules, and regulations
2.2 Account Creation
- Users must create an account by providing accurate, complete, and current information
- You are responsible for updating your Account information to keep it accurate and current
- You are responsible for maintaining the confidentiality of your Account login credentials
2.3 Account Security
- You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
- We are not liable for any loss or damage arising from your failure to protect your login credentials.
3. SERVICES OVERVIEW
3.1 Platform Role
- TThe Platform allows Consultants to offer AI consulting or related services and Clients to find and hire such Consultants.
- Advicehub is not a party to any contractual agreements between Clients and Consultants; we solely provide an online venue.
- Each user is solely responsible for the services they provide or receive.
3.2 No Endorsement
- We do not endorse any particular Consultant or Client.
- We do not guarantee the suitability, legality, or ability of any Consultant or Client.
- Any references to a Consultant "being qualified" or "certified" are provided for informational purposes only and do not constitute an endorsement or guarantee.
3.3 Service Contracts
- When a Client and a Consultant enter into a direct contract for Services, that contract is solely between the Client and the Consultant.
- Advicehub is not responsible for disputes, claims, losses, or damages of any kind that might arise between Users out of such contracts.
4. USER OBLIGATIONS AND CONDUCT
4.1 Prohibited Conduct
You agree not to:
- Use the Platform for any illegal purpose, or in violation of any local, state, national, or international law.
- Provide false, misleading, or inaccurate information (including impersonating another person).
- Post or transmit any content that is unlawful, harassing, defamatory, obscene, fraudulent, or otherwise objectionable.
- Attempt to gain unauthorized access to the Platform, other user accounts, or computer systems or networks connected to the Platform.
- Interfere with the operation of the Platform or another user's enjoyment of the Platform in any manner.
- Use any automated means, such as robots, spiders, or data mining tools, to download or scrape data from the Platform unless explicitly authorized in writing by us.
4.2 Compliance with Laws
Users shall comply with all applicable local, state, national, and international laws and regulations in connection with their use of the Platform and Services.
5. FEES AND PAYMENTS
5.1 Fees for Clients
- Some features or functionalities of the Platform may be subject to fees. Any such fees will be disclosed to you before you utilize the paid features.
5.2 Consultant Payments
- Consultants are responsible for any service fees, transaction fees, or other applicable charges as communicated during the sign-up or payment process.
- Consultants will receive payment for Services provided to Clients after completion of the Services, subject to any dispute or refund processes established on the Platform.
- Advicehub may withhold payments to Consultants for any reason, including but not limited to disputes, claims, or unresolved issues.
- Advicehub will charge a commission of 10-30% on the total bill amount charged to Clients.
5.3 Taxes
- Users are responsible for all applicable taxes (including VAT, sales tax, service tax, etc.) that may be levied on payments or Services.
- Advicehub is not responsible for determining or collecting any taxes on behalf of Consultants or Clients unless required by law.
5.4 Refund Policy
- Any refunds or partial refunds for work not completed, unsatisfactory Services, or other concerns are governed by the separate agreement between the Client and the Consultant.
- Advicehub may provide limited dispute resolution assistance but does not guarantee any refund to the Client.
6. USER CONTENT
6.1 Content Ownership
- Users retain ownership of all text, images, files, or other content ("User Content") they upload or transmit via the Platform.
- By posting or transmitting any User Content on the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content solely for the purpose of operating and improving the Platform.
6.2 Content Responsibilities
- You acknowledge that you are solely responsible for the User Content you submit or display on the Platform.
- You represent and warrant that you have all necessary rights to upload or transmit User Content and that no User Content will infringe upon the intellectual property rights of any third party.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Platform Ownership
- All content and materials on the Platform (excluding User Content), including trademarks, logos, service marks, text, graphics, images, software, and code, are owned or licensed by Advicehub and are protected by copyright, trademark, and other intellectual property laws.
- You may not use, copy, modify, or distribute any materials found on the Platform for any commercial purposes without our express written consent.
7.2 Trademarks
- All trademarks, logos, and service marks displayed on the Platform are our property or the property of other third parties. You are not permitted to use these trademarks without prior written consent from us or such third party that may own the trademark.
8. CONFIDENTIALITY
8.1 Mutual Confidentiality
- Users may receive confidential or proprietary information ("Confidential Information") from each other in the course of using the Platform (e.g., project requirements, data sets, algorithms, or business strategies).
- Each user agrees not to disclose any Confidential Information to third parties without the explicit written permission of the disclosing party.
8.2 Exceptions
- Confidential Information does not include information that:
- Is or becomes generally available to the public without breach of any obligation
- Was known by the receiving party prior to disclosure
- Is lawfully disclosed by a third party.
9. DISCLAIMER OF WARRANTIES
9.1 As-Is Basis
YOUR USE OF THE PLATFORM AND ANY SERVICES OBTAINED THROUGH IT ARE AT YOUR OWN RISK. THE PLATFORM, INCLUDING ALL CONTENT, FEATURES, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH IT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADVICEHUB AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 No Guarantee of Accuracy or Reliability
ADVICEHUB DOES NOT WARRANT THAT THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.3 Third-Party Content
ADVICEHUB IS NOT RESPONSIBLE FOR ANY CONTENT POSTED BY THIRD PARTIES AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING SUCH CONTENT.
10. LIMITATION OF LIABILITY
10.1 Indirect Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, ADVICEHUB AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
10.2 Aggregate Liability
IN NO EVENT SHALL ADVICEHUB'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PLATFORM AND THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL FEES PAID TO ADVICEHUB BY YOU DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100).
10.3 Jurisdiction Limits
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, ADVICEHUB'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold Advicehub, its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to (i) your violation of these Terms, (ii) your use of the Platform or Services provided through the Platform, (iii) your User Content, or (iv) your violation of any third-party rights.
12. TERMINATION
12.1 Right to Terminate
We may, at our sole discretion, terminate or suspend your Account or access to the Platform for any reason, including for breach of these Terms or if we believe you are infringing or violating someone else's rights or the law.
12.2 User Responsibilities
- You may terminate your Account at any time by following the instructions on the Platform.
- Termination does not relieve you of your obligations to pay any fees or resolve any pending disputes.
12.3 Effect of Termination
- Upon termination, your right to use the Platform and any Content will immediately cease.
- Certain provisions of these Terms will survive termination, including intellectual property rights, disclaimers, and limitations of liability.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 Governing Law
These Terms and any dispute arising out of your use of the Platform shall be governed by and construed in accordance with the laws of the State of Ontario, Canada, without regard to its conflict of law provisions.
13.2 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof, shall be settled by binding arbitration administered by the Canadian Arbitration Association in accordance with its rules. The place of arbitration shall be Toronto, Ontario, and the arbitration shall be conducted in English.
13.3 Exceptions
Either party may seek injunctive or equitable relief for matters relating to data security or intellectual property rights in any court of competent jurisdiction.
13.4 Waiver of Class Actions
You agree that any arbitration shall be conducted in your individual capacity only, and not as a class action or other representative action.
14. CHANGES TO THESE TERMS
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice (e.g., by email to registered users or posting on the Platform). Your continued use of the Platform after any such changes indicates your acceptance of the new Terms.
15. MISCELLANEOUS
15.1 Entire Agreement
These Terms, together with any other legal notices and agreements published by us on the Platform, constitute the entire agreement between you and Advicehub regarding your use of the Platform.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
15.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
15.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.
15.5 Relationship
Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, or agency relationship between you and Advicehub.
15.6 Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including mechanical, electronic, or communications failure.
16. CONTACT US
If you have any questions about these Terms or wish to report any violation, please contact us at:
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.
Disclaimer: This document is provided for informational purposes only and does not constitute legal advice. We recommend that you consult with a licensed attorney to ensure that any legal document meets all applicable legal requirements in your jurisdiction.