About

Introduction

WELCOME to the THOYEN Community! These Terms of Use constitute a legally binding agreement (“Agreement”) between you and THOYEN, LLC (“Company” or “THOYEN” or “us”, “we” or “our”) governing your use of the THOYEN Platform (as defined below). The THOYEN mobile application for iOS and Android devices (the "App"), and your access to and use of THOYEN’s website located at http://www.THOYEN.com (the "Website") including any content, functionality and services offered on or through the App or Website, is collectively referred to as the "THOYEN Platform".

The THOYEN Platform is provided to you subject to this Agreement as well as our Privacy Policy ("Privacy Policy") which is available at https://thoyen.com/privacy-policyand is incorporated in this Agreement by this reference.

You agree that by clicking “Sign Up” or similar, registering, accessing or using our Platform and Tasks (described in section 3), you are agreeing to enter into a legally binding contract with THOYEN. If you do not agree to this contract (“Terms of Use”), do not click “Sign Up” (or similar) and do not access or otherwise use any of our Tasks. If you wish to terminate this Agreement at any time you can do so by closing your account and no longer accessing or using our Platform.

THOYEN Platform including the App is licensed, not sold, to you for use only under these Terms of Use. Subject to your complete and ongoing compliance with these Terms of Use, THOYEN hereby grants you a personal, limited, revocable, non-transferable license to use the THOYEN Platform on compatible devices that you own or control. THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND THOYEN HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 35 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THOYEN TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR STUDENT GROUP OR PROCEEDING. AS A CUSTOMER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 35.

Eligibility

The THOYEN Platform may only be used by Local Community Members (defined as people who live in and around the college campus) and businesses (henceforth referred as businesses) located in USA and Students (defined as currently enrolled students at select colleges and universities in USA (list found in thoyen.com website) will henceforth be referred to as “The Universities or University”) and who can form legally binding contracts under applicable law. “Customers” are Students or Local Community Members or Companies seeking to obtain “Tasks” (as defined in Section 3) from Providers and are therefore Customers of Providers, and “Providers” are Students seeking to perform Tasks for Customers. Customers and Providers together are called “Users.” The THOYEN Platform is not available to minors (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. Further, if you are signing up to be a Provider you represent and warrant you are legally allowed to work in the USA. In addition, you may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. You enter into this Agreement on your own behalf and no one else or company. Students who are enrolled as Providers are automatically enrolled as Customers. Such Providers have the option to use the Customer App if they so choose; otherwise they can be just Providers.

Tasks

THOYEN Platform connects Providers (College Students)and Customers and provides a communication platform. The Tasks listed and as defined by this Platform in Section 40 include the following major categories: House Cleaning, Housework, Laundry, Pickup & Delivery, Buy & Sell Items, Carpool, Pack & Move, Vehicle Cleaning, Seasonal, Event Planning, Tutoring, Outdoors, IT Support & Name your Task, Freelance, Student Consulting and College Advice with exceptions detailed in various places as applicable in the THOYEN Platform. If you agree on the terms of a Task with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 9 below.

Highlights of these Terms of Use

The THOYEN Platform is provided “as is” and without warranty (Section 31);

The THOYEN Platform including the App is licensed, not sold to you (Section 1);

You represent that you are able to form a binding contract in your jurisdiction (Section 2);

You will comply with our Terms of Use (Section 41);

You will provide accurate and complete information when creating an account (Section 19e);

You give us permission to use your name, profile picture, and information about your actions without any compensation to you (Section 19a);

You give us permission to update THOYEN Platform or software you use or download. If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it (Section 19f); You are solely responsible for the activity that occurs while signed in to or while using THOYEN Platform (Section 10);

As a Provider, once you accept a Task you are contractually bound to complete it in accordance with this Agreement and any specifications provided to you by the Customer (Section 9);

Company has no liability regarding the Tasks or THOYEN Platform (Section 32);

Company does not supervise, direct or control a Provider’s work or the Tasks in any manner (Section 6);

Customers are responsible for determining if the Provider they hire is qualified to perform the Task. COMPANY does not determine whether any particular Provider holds a license, certification, accreditation or insurance (Section 9.4); You release Company from liability based on claims between Users (Section 17); You indemnify Company from claims due to your use or inability to use the THOYEN Platform or content submitted from your account to the THOYEN Platform (Section 33);

You have sole responsibility for your User Submissions, including discussion posts, profile information, links, pictures, and other such content (Section 26);

You affirm that you own or have the necessary licenses, rights, permissions, and consent to use and authorize THOYEN to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across THOYEN (Section 29);

You grant each THOYEN User, whether using THOYEN or an application developed via a third-party developer, a non-exclusive license to access your submissions through THOYEN and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through THOYEN's functionality and under these Terms of Use (Section 26);

You will not submit material that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such materials to THOYEN (Section 26);

You affirm we have the right to determine whether any of your submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice (Section 23).

You consent to accord safety (meaning to eliminate or minimize the occurrence or risk of injury, danger, or loss to property or life) a top priority (Section 8);

Account access is provided only if you have not previously been suspended or removed from the Platform (Section 2);

You consent to submit any claims against Company to binding arbitration on an individual basis only (Section 35).

Changes to Terms of Use

Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the THOYEN Platform or any content or information through the THOYEN Platform at any time, effective with or without prior notice and without any liability to Company.

We may modify this Terms of Use, our Privacy Policy and our Cookies Policies. If we make material changes to it, we will provide you notice through our Platform, or by other means, but will not be liable for any failure to do so or reach you in a timely manner.

We hope that you will continue using our services, but if you do not agree to our current or updated Terms of Use and no longer want to be a part of the THOYEN community, you can delete your account at any time. Should you owe anything, that amount will be settled as agreed prior to deletion of your account. Your continued use of our services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

Company may also impose limits on certain features or restrict your access to parts or all of the THOYEN Platform without notice or liability.

THOYEN Platform is a technology driven college bulletin board and enables connections or introductions between Users for the various Tasks as indicated in Section 3

THOYEN Platform is only a venue. Company does not take part in the interaction between Users. THOYEN does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Tasks, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Providers. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested and provided by Users identified through the Platform whether in public, private, or offline interactions. Company does not assume any responsibility for the accuracy or reliability of this information or any information on the Platform.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know.

COMPANY IS NOT RESPONSIBLE FOR THEFT OF ANY ITEMS. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE THOYEN PLATFORM AND YOU HEREBY RELEASE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE THOYEN PLATFORM. PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF COMPANY. COMPANY DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A PROVIDER’S WORK AND IS NOT RESPONSIBLE FOR THE WORK PERFORMED OR THE TASKS IN ANY MANNER.

The Company makes no claims of User vetting. This platform is restricted to currently enrolled Students at the University. Company will make its best efforts to enroll only Students at the University. Should it come to its notice that the User is not a current student, then Company will remove the User from its Platform. In general, the Company does not perform background checks. In Company’s sole discretion, certain Users may be subject to an extensive vetting process before they can register for or after they register and during their use of the THOYEN Platform, including but not limited to a verification of identity and a comprehensive criminal background check, using third party services as appropriate. Users hereby give consent to Company to conduct background checks and agree to provide all necessary information needed to conduct the background check when required and as often as required in compliance with federal and state laws, including, without limitation, the Fair Credit Reporting Act.

Although Company may perform background checks of certain Users from time to time, as outlined above, Company is not required to do so and cannot confirm that each User is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the THOYEN Platform. Identity Authentication - You hereby authorize the Company, directly or through third parties or your University, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes. Should the Company be not satisfied with the Identity, the Company at its sole discretion may remove the User from the THOYEN platform. This decision is exercised at our sole discretion and we are not obligated to provide an explanation as to the action taken against your account, nor are we liable to a User in any way with respect to deactivating or canceling his or her account.

YOU ACKNOWLEDGE AND AGREE THAT THOYEN IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF USING THE THOYEN PLATFORM. THOYEN IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROVIDERS AND CUSTOMERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES. Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person you do not know. Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification process and nothing else. Any such description is not an endorsement, certification or guarantee by THOYEN about any User, including of the User's identity or background or whether the User is trustworthy, safe or suitable.

We disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

User Representations and Warranties

You represent and warrant that you have read, understand and agree to be bound by this Agreement in order to access and use the THOYEN Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, roommates, apartment mates, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or Company in connection with THOYEN Platform without the prior written consent of any relevant User. You further represent and warrant that you will fulfill the commitments you make to other Users including paying/receiving payment through the THOYEN Platform ONLY, communicating clearly and promptly through the chat thread and/or respond to invitations promptly, being present and/or available at the time you agree upon with your Provider or Customer as the case may be and not using cash but only utilizing the third party payment processing system specified or approved by us to make or receive payment for Tasks provided through the THOYEN Platform. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. Providers additionally represent and warrant that you will provide timely, safe and high-quality work to your Customers. Further, you will only offer and provide Tasks for which you have the necessary skills, expertise or work experience.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH ITS REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Company does not VERIFY, and is not responsible for verification of, any licenses including driver’s licenses and certification.

Safety

Customer: As a Customer, you will provide a safe work environment.

Company is NOT responsible for ensuring the safety of Users.

Service Agreement between Customers and Providers

A “Service Agreement” is formed when you agree on the terms of a Task with another User. The Service Agreement includes the terms set forth in this Agreement, the engagement terms proposed and accepted on the THOYEN Platform, and any other contractual terms accepted by both the Provider and their Customer to the extent such terms do not conflict with the terms in, and do not expand Company’s obligations or restrict Company’s rights under, this Agreement. You agree that Company is not involved in the actual transactions between Users and is not a party to any Service Agreement, and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Provider. Where approved in advance by the Customer, the Provider is obligated to personally perform the Tasks. Should the Provider use the help of any assistants or helpers, the Provider shall require any such individuals to become registered Providers on the THOYEN Platform pursuant to Company policies as described on the THOYEN Platform. A Provider’s failure to bring an assistant who is not a registered Provider could lead to removal from the THOYEN Platform. The Provider assumes full and sole responsibility for the payment of all compensation, benefits and expenses of assistants, if any, and for all required and applicable state and federal income tax withholdings as to the Provider and all persons engaged by the Provider in the performance of the Tasks.

You may not be a Provider for yourself (Customer).

Customers are responsible for determining if the Provider they hire is qualified to perform the Task. COMPANY does not determine whether any particular Provider holds a license, certification, accreditation or insurance. The Customer shall pay their Provider directly for completed Task through the Payment Service Provider (PSP) as indicated on the THOYEN Platform at the rates agreed to by the parties in the Service Agreement. Each party agrees to comply with this Agreement during the engagement, performance and completion of a Task. Both parties agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate and resolve any dispute informally. Company while not obligated to, may at its discretion, assist the parties for thirty (30) days to resolve the dispute.

Responsibility for User’s Use of THOYEN Platform

You, as the User, are solely responsible for any information or content posted or privately transmitted through the THOYEN Platform by you or through a device linked to you, and you access all such information and content at your own risk.

Company is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use any items or information posted, uploaded, shared, stored, or otherwise provided by other Users (“Content”) or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the THOYEN Platform. We can't guarantee the identity of any Users with whom you interact in using the Platform and are not responsible for which Users gain access to the THOYEN Platform. Company reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the THOYEN Platform at any time and for any reason without notice.

You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that Company is not responsible for any errors or omissions that you make in connection with the THOYEN Platform. By submitting or posting User Content, you hereby grant to Company a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name and any other information you submit with the User Content, in connection with the THOYEN Platform. The use of your or any other User’s name, likeness, or identity in connection with the THOYEN Platform does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.

Excluded Tasks

Users hereby agree not to schedule or perform any of the following Tasks or transactions through the THOYEN Platform (collectively, the "Excluded Tasks"):

Tasks that require a permit, including, but not limited to, remodeling, plumbing and electrical projects; Tasks that are professional Tasks, including, but not limited to, Tasks performed by lawyers, actuaries, accountants, architects, engineers, health professionals, medical professionals, financial advisers, management consultants, or investment advisors – unless you have an authorized certificate and experience to offer the Task and take full liability for your Task;

Tasks related to childcare (e.g., babysitting), eldercare or lifeguarding Tasks;

Tasks related to massage or escort;

Tasks related to pet care;

Tasks that are performed on roofs or higher levels that make the User uncomfortable and unsafe;

Tasks that make the User unsafe or uncomfortable;

Tasks that involve the handling of weapons, explosives or hazardous materials;

Tasks or transactions involving alcohol or drugs;

Any Task that is illegal or criminal or sexual in nature in the state or locality.

If you are involved in the purchase, sale, pickup, delivery or moving of items, you also agree to adhere to the Prohibited Items which is accessible via this link and is incorporated in this Agreement by this reference.

Access to the THOYEN Platform, Outages and Browser Incompatibilities The THOYEN Platform may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. Company cannot be held liable for any perceived or actual damages arising from content, operation, or use of this Platform. Company is not responsible for any damages to your mobile phone due to usage of THOYEN services.

Typographical Errors

While we try to make sure that all prices posted on the THOYEN Platform are communicated accurately, we cannot be responsible for the typographical and other errors that may appear on the Platform. If there is incorrect information given about a price, Item, or Task due to a typographical error, Company is not responsible for such error or its correction; but will attempt to correct such error promptly. We reserve the right to refuse or cancel any orders for Items or Tasks listed at an incorrect price.

Billing and Payment

Users of the THOYEN Platform contract for Tasks directly with other Users. Company will not be a party to any contracts for Tasks. Payment for Tasks through the THOYEN Platform is made directly from the Customer to the Provider and not by Company. If a Customer fails to pay a Provider for Tasks provided through the THOYEN Platform, Company may, in its sole discretion, pay the Provider for such Tasks but Company is not obligated to do so.

Payment processing services on THOYEN are provided by Stripe (and subject to change at a later date) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to use THOYEN, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of THOYEN enabling payment processing services through Stripe, you agree to provide THOYEN accurate and complete information about you, and you authorize THOYEN to share it and transaction information related to your use of the payment processing services provided by Stripe. Task Payment and fees must be paid through the Payment Service provider (PSP) as indicated on the THOYEN Platform.

THOYEN Privacy Policy

Effective Date: January 02, 2019

This privacy policy ("Policy") describes how THOYEN LLC ("THOYEN" or "we" or "us" or "our" or Company) treats information collected or provided in connection with transactions, activities, and data gathered when you ("User") visit or use the THOYEN Platform. The THOYEN mobile application for iOS and Android devices (the "App"), and your access to and use of THOYEN’s website located at www.thoyen.com (the "Website") including any content, functionality and Tasks offered on or through the App or Website, is collectively referred to as the "THOYEN Platform".

“Terms of Use” refers to our terms, which can be found at http://www.thoyen.com/terms-of-use This Privacy Policy is incorporated into, and considered a part of, the Terms of Use. Any capitalized terms used and not defined in this Policy shall have the meaning given to them in the Terms of Use.

Please note that the use of the THOYEN Platform constitutes your acceptance of this Policy. If you do not agree with how we have determined to handle your information, please do not visit or use the THOYEN Platform. The THOYEN Platform is only intended for use at the Texas A&M University at College Station and University of Southern California in Los Angeles.

Effective Date and Changes

This Policy applies to all information collected by or provided to us on or after the Effective Date. THOYEN will periodically review and revise this Policy as THOYEN modifies the Platform and will update the Effective Date above upon any such changes. We will treat your continued use of the THOYEN Platform following such changes as your acceptance of them. We encourage you to periodically review this Policy.

If our practices change regarding previously collected User Information in a way that would be materially less restrictive than those policies in effect at the time we collected the information, we will make reasonable efforts to provide notice and to obtain consent to any such uses as may be required by law, but we will not be liable for any failure to do so.

Important

By creating an account on the THOYEN Platform, you confirm that you have read, understand, and agree to any and all terms listed in this Privacy Policy.

User Information Collected on the THOYEN Platform

“User Information,” is hereby defined as “your full name (to verify your identity), your university affiliated student email (to ensure you are a currently enrolled student at your University), your date of birth (to confirm that you are over 18 years of age), address, profile photo, phone number and any information that could be used to identify, contact, or locate you directly without using the THOYEN Platform.”

We can’t help you find the Task without collecting some basic information from you. At various times you may give other personal data. Such information collected is called “Personal Information” and may include, but is not limited to full name, local address, email address, telephone number and any information that could be used to identify, contact, or locate you directly without using the THOYEN Platform. We receive your User Information when you register on the Platform or when you set up financial account information for payment processing or during posting or applying for Tasks. We may also gather information from cookies or web beacons. You can find out more about how they operate in the relevant section of this policy below. We may also collect IP addresses, mobile device identifier details, your location, navigation and click-stream data, the time of accessing the THOYEN Platform, what you searched for, the duration of your visit, surveys and other details of your activity on the Platform. In connection with electronic communications we facilitate through the THOYEN Platform we use electronic or manual checks to monitor such communications for trust and security purposes. We obtain data from you either by your inputting your personal details, by the automatic collection of information about you as you use the THOYEN Platform, when we speak to you, or from third parties. Third party information may include financial information from our payment processor partners that we use to update our records and to prevent and detect fraud, and information from your mobile provider if you are accessing the THOYEN Platform over a mobile device.

The User Information may be visible to all Users and the general public subject to the privacy choices you make within your Profile. If you choose to post a Task via the THOYEN Platform, the contents of such listing will be publicly viewable.

By using the THOYEN Platform, you are authorizing us to collect, parse, and retain data related to the provision of the THOYEN Platform. However, we also provide Users with options and choices regarding how we use and disclose some or all of your Personal Information, as set forth specifically below, including how to access, correct, and/or remove it. You may avoid further said data collection by uninstalling the App from your mobile device and not otherwise using the THOYEN Platform.

When you visit or use the THOYEN Platform, we collect information about you in the following general categories.

GPS/Location Information: When you visit the THOYEN Platform via a mobile application, we use GPS technology (or other similar technology) to determine your current location. We collect precise location data through the App when it is used by Providers if the Providers' devices permit such information collection. We may collect this information when Providers use certain functionality, such as navigating to a location to provide the Tasks, and we may also collect the precise location of a Provider’s device when the App is running in the foreground or background. We may derive a Provider’s approximate location from the Provider’s IP address. The THOYEN Platform utilizes GPS features to update Customers on the status of Providers in route to perform Tasks, to confirm that a Provider performed Tasks, and to improve the services on the THOYEN Platform.

We also may use and disclose GPS location data we collect through the THOYEN Platform for other business purposes, including for legal purposes (such as to enforce our agreements) and in the event of a proposed or actual merger, sale, or other business asset transfers. The location information obtained about a User will be retained in an identifiable manner, along with location data about Task sites where Providers performed Tasks.

Transaction Information: We may collect transaction details related to your use of the THOYEN Platform, such as type of Task requested, date and time of Task, amount charged, distance traveled, intra-User communications, ratings and reviews, and other related transaction details.

Provider Registration and Payment: To register as a Provider, you may need to provide other Personal Information, including your social security number and bank account to the Payment Services Provider (PSP) i.e. Stripe. To make sure Providers get paid, PSP obtains information about Provider’s bank routing numbers, tax information, and any other payment information provided by Providers. Customers may also have to provide the above information if they receive money for any transactions. To keep your data secure, we do not store your full bank account information or social security number on our servers.

THOYEN Payment Method: When you add a credit card or bank payment method to your THOYEN account, a third party i.e. Stripe that handles payments for us will receive your card or bank payment information. To keep your financial data secure, we do not store full credit card or bank payment information on our servers.

Communications Between Users: As an enhanced privacy feature, we use a third-party service called Sinch to mask the telephone numbers used during calls between Users. Please see Sinch privacy policy at https://www.sinch.com/legal/privacy-policy

Device Information: We may collect information about your mobile device, including the following examples: the hardware model, operating system/version, software names/versions, file names/versions, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.

Log Information: When you interact with the THOYEN Platform, we may collect server logs, which may include device IP addresses, access dates and times, app features or pages viewed, app crashes and other system activity, browser type, and the third-party site/service accessed immediately prior to interacting with the THOYEN Platform.

Use of Information

We only use your Personal Information for THOYEN Platform related purposes. Specifically, the purposes of our “use” include platform-analytics, marketing, advertising, and other purposes designed to help us efficiently operate and improve the THOYEN Platform in the following manner:

to contact you in connection with your THOYEN-related activities (including, but not limited to, confirmation emails, account verification text messages, push notification alerts, or important alerts that could affect your relationship with THOYEN),

for identification and authentication,

for security and fraud prevention,

to perform background checks if needed,

to investigate potential unauthorized use of your information by a Provider,

to communicate Task requests from you to other Users, and/or

to suggest potential Customers for your Tasks.

Advertising and Advertising Opt-Out Provisions

We may use your Personal Information to provide advertising on/for the THOYEN Platform. Constant Contact is used to help us send you email communications. You can view their privacy policy at https://www.constantcontact.com/forward/privacy-center. At THOYEN, however, we do not rent, sell, or share your Personal Information with other parties or nonaffiliated companies for their direct marketing purposes without your express consent.

We may also send you email and other messages with personalized offers and information about products and Tasks, and we may use Personal Information to show you online advertising on the THOYEN Platform, other websites, and other online services.

THOYEN provides Users the opportunity to opt out of receiving email marketing communications from us and our partners and gives Users the option to remove their information from our database, not to receive future email marketing communications, or no longer to receive our service. If you receive an unsolicited marketing email from a THOYEN email address, please contact legal@thoyen.com.

You may also be able to change your mobile device settings to opt out of personalized advertising through apps. For example, for iOS mobile devices, go to “Settings” from your device’s home screen; scroll down to “Privacy”; select “Advertising”; and turn on “Limit Ad Tracking.” Also, for location-based ads, you may go to “Settings” from your device’s home screen; select “Privacy”; select “Location Services”; select “System Services”; and de-select “Location-Based Apple Ads.” For Android mobile devices, go to “Google Settings” on your device; select “Ads”; and check the box labeled “Opt Out of Interest-Based Ads.”

Please note that when you opt out of personalized advertising, you may continue to see online advertising on the THOYEN Platform and/or our ads on other Internet websites.

We may anonymize or aggregate data collected through the THOYEN Platform and use it for any authorized purpose or research or understanding the trends.

Use of Your Profile Photos and Other Task-related Photos

“Photos” is defined as any photograph(s), image(s), or graphic(s) or picture(s) that we obtain from Users through the THOYEN Platform, including those uploaded by you or other Users, such as profile photos and Task-related photos.

THOYEN enables Users to post Task-related photos, including “before” and “after” Task photos and has the right to use them for THOYEN related marketing, advertising and other similar purposes. THOYEN will not share your Photos with other third parties for their direct marketing purposes.

Disclosure of Information to Others

When you use the THOYEN Platform, our third-party partners, such as analytics providers, use tracking technologies to collect information about how the THOYEN Platform is used and about the devices used to access the THOYEN Platform. Our partners also may collect information about your online activities over time and on other websites or apps. When our third-party partners provide such features, they are governed by the privacy policies of their governing organizations. You may be able to change browser or app settings to block and delete these technologies when you access the THOYEN Platform, but that might interfere with the THOYEN Platform’s proper functioning.

To operate the THOYEN Platform, including processing your transactions and supporting your activities on the THOYEN Platform, we may share your Personal Information with vendors, agents, and third-party service providers in exchange for their support services like email origination, receipt/support services, and other user relationship management services.

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes unless we have your permission. We may allow access to other data collected by the THOYEN Platform to enable the delivery of our online advertising on the THOYEN Platform and on other websites and online services, or to send you information we think may be useful or relevant to you. The following are examples of how we share your information with third-party service providers.

Data Analytics: We retain third-party service providers to help us perform data analytics regarding your interactions with the THOYEN Platform. For example, we use Google Analytics Service for purposes of analyzing usage of the THOYEN Platform. You can find information about Google's privacy practice at: https://www.google.com/policies/privacy/partners.

Payment Processing: We use STRIPE to process any billing information between Users and between Users and us, including credit card information Users submit. You can find information about STRIPE's privacy practice at https://stripe.com/us/privacy. THOYEN does not process payments from Users and instead relies on STRIPE. STRIPE handles and store your payment details. Neither THOYEN nor merchants, if any, on the Platform have access to this information.

Platform Features: We use Sinch to mask your telephone number when you call another User through the App. You can find information about Sinch's privacy practice at: https://www.sinch.com/legal/privacy-policy

We also use the Google Maps service, and you agree to the Google Maps/Google Earth Additional Terms of Service located at https://maps.google.com/help/terms_maps.html and Google's privacy policy located at http://www.google.com/policies/privacy.

Other Users: When you agree to provide Tasks as a Provider, we will display certain information about you to the Customer who requested the work, including your name, photograph, location, and rating. When you submit a Task request as a Customer, we will display certain information about you to Providers, including your name, address, photograph (if any), rating, and photographs of the Task site.

Legal and Similar Disclosures: We may access, preserve, and disclose collected information if we believe doing so is required or appropriate in the following situations: to comply with law enforcement requests and legal process, such as a court order or subpoena; to respond to your requests; or to protect your, our, or others' rights, property, or safety. We may also disclose your Personal Information as part of a dispute among Users or between Users and THOYEN as well as to an attorney in the process of obtaining legal advice.

Merger, Sale, or Other Asset Transfers: If we are involved in a merger, acquisition, financing, due diligence, reorganization, bankruptcy, receivership, sale of THOYEN assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

With Your Permission: We may also disclose your Personal Information with your permission as set forth herein.

Information Collected by Cookies and Other Technologies

Like most online services and mobile applications, we and our third-party service providers may use cookies, web beacons, and similar tracking technologies to collect information about your activity from the computer or devices you use to access the THOYEN Platform. A cookie is a file saved on a user’s hard drive that stores certain information about user activity. Users must agree to let cookies be saved for them, and most web browsers are set to accept cookies by default. You can instruct your browser/device, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the THOYEN Platform.

Any third party with whom we are allowed to share your Personal Information is authorized to use your Personal Information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control. You agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your Personal Information by them.

How to Edit Your Personal Information

THOYEN provides you with the ability to access and edit your Personal Information: Sign into the app, access the More menu, and then view and update/correct your Edit Profile. So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your name, that you cannot alter yourself. Please contact us at support@thoyen.com to change information you cannot access through your account.

Information Retention

We retain personal data for as long as you are a User in order to meet our contractual obligations to you, and for such longer period as may be in our legitimate interests and to comply with our legal obligations. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes.

Children’s (Under 18 years) Information

We do not knowingly collect information from children under 18, as the THOYEN Platform is not directed at Users under 18. If we become aware that we have unknowingly collected User Information from a child under the age of 18, we will delete or disable such information.

Our Security Precautions

Your THOYEN profile is password-protected so that only you and authorized THOYEN employees have access to your account information. In order to maintain this protection, do not give your password to anyone. THOYEN staff will never proactively reach out to you and ask for any personal account information, including your password. If you share a computer or mobile device, in order to protect your information entered on public terminals from disclosure to third parties, you should sign out of your THOYEN account and close the browser window before someone else logs on. THOYEN has security measures in place intended to help protect against the loss, misuse, and alteration of the information under our control.

THOYEN takes steps to ensure that your information is secure on its system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, THOYEN cannot guarantee the security of any information you transmit to us, and you do so at your own risk. THOYEN EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING, OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION OR USAGE INFORMATION AND FURTHER DISCLAIMS ANY LIABILITY THAT MAY ARISE SHOULD ANY OTHER INDIVIDUALS OBTAIN THE INFORMATION YOU SUBMIT TO THE THOYEN PLATFORM.

Links to Third-Party Websites and Online Services

This Policy applies solely to information collected by the THOYEN Platform. The THOYEN Platform may contain links to other websites or online services; and we of course are not responsible for other websites’ privacy practices. We advise Users upon leaving the THOYEN Platform to review carefully the privacy statements of any website that collects personally identifiable information.

Note that, as set forth herein, we do not provide your personal information to third parties for their own marketing purposes without your consent.

Contacting THOYEN

If you have any questions about this Policy, the practices of THOYEN, or your dealings with THOYEN, you may contact us by email at legal@thoyen.com or by mail at THOYEN LLC., Attn: Policy, 2603 Cottage Creek Ct., Pearland Texas 77584.

THOYEN originates from the Indian word meaning Friend. Further, THOYEN is an acronym that stands for To Help Others & Yes Exactly Now. THOYEN’s inspiration is from student Vishnu who found the need for such services.

THOYEN's Vision - To enhance the quality of life of college students, local communities and businesses.

THOYEN's Mission – One stop App, exclusively for college students, local communities and businesses.

THOYEN's Value Proposition - The college student and local community's easiest way to get tasks done through their local college students.

Users can participate in one or more of the following 4 ways:

Local Task request by Customer: Apartment Cleaning, Housework, Laundry, Special Skills, Pack & Move, Vehicle Cleaning, Name Your Task, Pick Up & Delivery and Carpool; Remote Task request by Customer: Tutoring, Freelance, Consulting, and Advice to high schoolers

Task response by Providers to Customer Requests: Apartment Cleaning, Tutoring, Pick Up & Delivery (Food delivery, errands), Housework, Laundry, Event Planning, Pack & Move, Vehicle Cleaning, Outdoors (Yard work & Lawn mowning), Name Your Task, IT Support and Carpool; Tutoring, Freelance, Consulting, and Advice to high schoolers Market Place: Buy & Sell Items;

Task initiation by the Provider: On My Way Tasks I.e. Pick Up & Delivery and Carpool.

THOYEN is based out of Texas and has a set of highly motivated and passionate individuals making this vision a reality.

Note: If you believe in our vision and mission, – send an email to support@thoyen.com to see how you can get involved.

THANK YOU