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TERMS OF SERVICES

Welcome to 2wayMe

Important Notice

You will be subscribing to our Platform (defined below) as a Host (defined below), or a Client or a User (defined below). A Host, Client and a User shall be collectively known as a “2wayMe User”. 2wayMe Users hereby agree to accept the Terms of Service (“Terms”) stipulated herein. These Terms form an agreement and you agree to contract with us electronically. Therefore, please read the Terms below carefully before subscribing, accessing or using our Services (defined below).

“2wayMe”, “We”, “Us” means the2wayMe Platform.

2wayMe, Host or Client and a User shall individually be referred to as a “Party” and collectively referred to as “Parties”.

Our Terms includes various other policies including our Privacy policy. All of these policies together with the Terms form part of the entire agreement (“Agreement”). Therefore, we recommend that you read the entire agreement before subscribing, accessing or using our Services. In a case, if you do not agree to any of the provision of this Agreement, please do not subscribe to the Platform.

  1. Introduction
    1. 2wayMe is a video platform. It connects people anywhere in the world to offer services. The 2wayMe platform operates as the bridge between a Host and a Client or User to avail the services offered by a Host.
    2. The 2wayMe Platform is available to Hosts at https://www.2wayme.com. This will be an exciting opportunity for anyone to connect with Host and receive an array of services or a Host to offer their services to a wider audience.

    3. “Host” shall be known as a person who uses this Platform to render a service. The services rendered by a Host can be diverse.

    4. A “Client” shall be known as a person who registers with 2wayMe and subscribes to avail the services offered by a Host.

      5. We wish you an enjoyable journey with 2wayMe.

  2. Registration
    1. How to register with us?
      • The Host or Client will be required to login and create an account on the 2wayMe platform. Login to the platform can be via the ‘social login option’ - via 3rd Party social media accounts, i.e. Instagram or Facebook or through their Gmail account.
      • Creating an account on 2wayMe is 100% free. It is the sole responsibility of the Host to create and develop his/her profile under his/her 2wayMe account. Under no circumstances shall 2wayMe be held liable for any contents published in the profile of the Host.
      • The Host may create listings to offer his/her services to the Clients. For this purpose, the Host may need to provide information with regard their expertise and preferred pricing for the time they spend providing services on 2wayMe. Listings will be made publicly available via the Platform, and as such, the Host hereby gives us the consent to publish the information made available in the Host’s account.
      • To avail the services provided by a Host, it is mandatory become a Client of our Platform. A Client shall be required to create a Client account on 2wayMe.
      • You may only create only one account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
    2. Who is eligible to use this Platform?
      • You must be a legal entity, a sole proprietor or an individual with at least 18 years old to use this Platform. If you are an individual between the ages of 13 to 18, you must have your parent/guardian’s or authorized representative’s permission to use this Platform. In the event, if you are a minor, by signing up to this Platform, you will only get access on the basis that you have the required parental/guardian’s or authorized representative’s (“Representative”) consent. In that case, your Representative also will be bound by the Terms.
      • In the event of a complaint being brought to the attention of 2wayMe, the platform reserves the right to inquire further about the age of the Host or Client as well as the expertise/qualifications of the Host. If 2wayMe confirms that a minor lacks the required consent or the Host’s expertise/qualifications are at a dispute, 2wayMe reserves the right to terminate this Agreement and cancel your account.
      • You also agree to honor any request of such Integrated Service Providers pertinent to any additional documentation requirements, update the details as and when required by the Integrated Service Providers, and acknowledge that the 2wayMe acts independently to the Integrated Service Providers.
      • You are not authorized to use our Platform if you are under the age of 13.
  3. Usage and 2wayMe benefit.
    1. Our Platform speaks a two-way success story
    2. In brief to fix a video meeting, the following steps has to be adhered:
      • The Client can browse the Platform and reserve a time slot on the Host’s calendar. The Client, during reservation will be required to fill mandatory details such as the date and time of the consultation and acceptance of the fee. Following reservation, the Client, through the user friendly messaging option provided in the Platform will be able to communicate with the Host.
      • Once the Host receives the reservation request, they can either accept or decline the reservation within 24 hours of receiving such a request.
      • In the event, if a Host does not accept the request within 24 hours of sending such a reservation request, the reservation request will be cancelled automatically.
      • If the Host accepts the reservation request within 24 hours, the Client then can proceed to make the Host’s Fee and once the Fee is being paid by the Client, the Client and the Host accept that there cannot be any fee deductions and changes. The Host’s fee paid shall be final. (“Fixed Appointment”).
      • 2wayMe is dedicated in providing a platform to ensure a two success. Given that, we have incorporated a messaging feature on the platform via which the Host and Client can communicate. By this way, in the event, if a Client or the Host requires to alter the date or times of a Fixed Appointment, the Client or Host shall be able to discuss the same via this feature. However, the Client accepts that any alteration of a date and time will be at the absolute discretion of the Host.
      • The Member shall receive three emails from the 2wayMe platform. i.e. a payment reminder email, acceptance or rejection notification by the Host, and a reminder of the meeting. By this way 2wayMe platform will assist you to keep your activities organized.
      • 2wayME understands that time is of essence. In the event, if a Client is delayed to a Fixed Appointment, the Host shall wait for 15 minutes time period following which it will be considered a “No Show” by the Client. After the lapse of 15 minutes, as it is a No Show from the Client’s end, the Client accepts and agrees that the Client shall not be eligible for a refund. Similarly, if the Host is delayed for a Fixed Appointment, the Member shall wait for 15 minutes time period, following which it will be considered a No Show by the Host. After the lapse of the 15 minutes, and hence a No Show by the Host, the Client may claim a refund as per the terms and conditions mentioned in clause 6 hereof.
      • The 2wayMe Users agree that this Platform has no recording option, and as such, it would be the duty of the Host or the Client to take down any requisite notes. Host and Client agree that since there is no recording feature available, the 2wayMe will not be able to provide any recordings to the Host or Client.
  4. Prohibited and Restricted Businesses

    1. The 2wayMe Users agree not to use this Platform to feature, engage, publish, promote or deliver any slanderous, sexually explicit or, obscene, unlawful, threatening, promoting or supporting terrorism, depicting self-harm or extreme violence, promoting animal cruelty, defamatory, or any content that violates any party’s intellectual property, trademark or copyright or any other part of the Terms stated herein or stated in the law. (“Prohibited Business”)

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    2. The 2wayMe also agrees that you may not use the Platform to develop, publish, feature, deliver or engage in a business that may be considered as a “Restricted Business” by an Integrated Party Service Provider. In such a situation where the Integrated Service Provider has considered that the Platform has been used to conduct a Restricted Business, the 2wayME Users shall be solely liable for any suspension or termination of the Stripe account or any loss or damages arising out of such suspension and termination to an Intergraded Service Provider or to 2wayME.

    3. The 2wayMe Users agree that 2wayMe is not responsible in any such conduct of Prohibited or Restricted Business activities. 2wayMe hereby makes no representations or guarantees as to its merchantability or fitness of use of the content developed, published, features, delivered by a Host. The fitness of use of the content delivered, developed, published, featured and delivered by the Host shall be the sole responsibility of the Host.
    4. 2wayMe is at a liberty to suspend and remove the account of the Host without making any payments due to the Host upon being informed or directed by a court of law or a regulatory authority of any of such violations on the part of a 2wayMe User under clause 3 hereof.
  5. Payment Structure
    1. The 2wayMe uses an Integrated Service Providers, i.e. Stripe as the selected payment portal to collect payments from Clients and payout to Hosts. This is achieved via the Stripe Connect feature. 2wayMe will act as a ‘Connect Platform’ and Stripe will facilitate the transfer of funds to Hosts as given below. Stripe does not offer Hosts any services, including, but not limited to, payment services, and the Stripe Services Agreement does not apply to Hosts.
    2. The Host agrees that the Host shall receive the Client’s payment after the deduction of the 2wayMe platform commission and Stripe Fee to the Host’s account 24 hours after the conclusion of the Fixed Appointment. The 2wayMe commission stands at 16% per each Appointment Fee paid by the Client.
    3. The Host agrees that the Host’s accumulated fees in the connected account should be more than USD 100 in order for the Host to be eligible for a payout under the Terms stipulated herein.
  6. Refund
    1. 2wayME Users agree not to hold 2wayMe liable for any refund claims or disputes or issues arising related to the deletion of the 2wayMe User account. The Host also agrees to indemnify 2wayMe and any relevant Client with regard to losses or expenses incurred due to the deletion of a Host’s account.
    2. We do not offer refunds to the Host or to the Clients. 2wayMe will not be held liable to pay any refund that should be payable by the Host to the Client in case of occurrence of the event mentioned in clause 3.2 – g.
    3. The Client agrees not to hold 2wayMe liable for any refund claims or disputes or issues related to Refunds. The Host also agrees to indemnify 2wayMe and any relevant Client with regard to losses or expenses incurred by 2wayMe due to a dispute in refunds.
  7. Intellectual Property Rights.

    1. All information including software, technology, data, logos, marks, trade secrets, patent and patent applications, designs, text, graphics, pictures, video files, other data or copyrightable material related to the Platform are the Intellectual Property of the 2wayME (“Intellectual Property of the 2wayMe”). 2wayMe holds exclusive right for the Intellectual Property of 2wayMe including but not limited to copyrights and the trade mark rights. You will not claim any proprietary or intellectual property right over the Intellectual Property rights of 2wayMe.

    2. If there is any content that is published, developed, delivered and featured by the 2wayMe User through the account of the 2wayMe shall be the intellectual property of the 2wayMe User. The 2wayMe User warrants that he holds exclusive rights to the content developed published, delivered or featured by him. As such, 2wayMe will also not be held liable for any claims arising from any content developed, published, delivered or featured by the 2wayMe User.
    3. The Host and Client are granted with a limited, non-exclusive license to access and use the Platform through the Host’s or the Client’s account. The Host and the Client hereby undertakes not to assign or sublicense this license to anyone else.
    4. 2wayMe Users also agrees not to engage in an activity that would amount to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform or use any data mining, robots or similar data gathering or extraction methods in the Platform, downloading, screen recording (except page caching) of any portion of the Platform.
    5. 2wayMe User also acknowledges that the content published, delivered, featured or expressed by the 2wayMe User does not infringe any of the trademarks, copyrights intellectual property rights of any third party. In the event, if a 2wayMe User is using any of the third party’s intellectual property, 2wayMe user hereby warrants the adequate prior permission to use the same.
    6. In a case where a third-party contact us in relation to a complaint regarding the violation of intellectual property right, we will take all reasonable steps to respond to such notices pertaining to the alleged violation. Please note that we only entertain notices that comply with the Digital Millennium Copyright Act (“DMCA”).
    7. The 2wayMe User hereby agrees to indemnify 2wayMe for all losses, injuries claims, damages and expenses arising out of claims that infringes the Intellectual Property of 2wayMe or a Third Party.
  8. Rights of 2wayMe
    1. 2wayMe reserves the right to carry out necessary modifications and updates to the Platform to provide you with a seamless and efficient service. 2wayMe in all reasonable circumstances will try to give you notice regarding such updates and modifications. However, you agree that in certain instances our Platform will not be available to you without a prior notice. You also agree that from time to time we have the right to restrict access to the Platform with the prior written notice provided to you.
    2. 2wayMe shall not be monitoring, reviewing or investigating on the content shared by the Hosts or Clients. However, if there is any violation of law and it is brought to our notice 2wayMe reserves the right to suspend or cancel the accounts of the Host or the Client without making any payment and bring the matter to the attention of the law enforcement authorities.
    3. 2wayMe shall have the right to suspend or terminate the 2wayMe User’s accounts in the event a complaint is brought to the attention in connection with the distribution of unsolicited commercial email ("spam") or advertisements or issues related to "stalk" or harass any other user of the Platform or collect or store any personally identifiable information.
  9. Limitation of liability
    1. 2wayMe does not guarantee that the Platform or any services offered through the Platform will be error-free. However, 2wayMe will take all reasonable efforts and measures to make the Platform reliable and error free.
    2. 2wayMe only provides you with the Platform. Therefore, by acting as a Platform provider, there will not be any employer employee or agency relationship created between us and you. We are also not responsible for any interactions that takes place between the Host and the Client. We also exclude our liability for any disputes, claims, losses, injuries or damages arising out of the relationship between the Host and the Members.
    3. Except where otherwise inapplicable or prohibited by law, in no event shall 2wayMe or any of its officers, employees, directors, affiliates shall be liable for any indirect, incidental, consequential, punitive, or any other damages, fees, costs or claims arising from or related to the Terms including the Privacy Policy. You or a third party’s use or attempted use of the Platform regardless of whether 2wayMe has had notice of the possibility of such damages, fees, costs, or claims.
    4. 2wayMe will not be liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer codes. Malicious computer codes means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
    5. The Platform may contain links to Third Party websites and services to which the 2wayMe assumes no responsibility and has no control over such websites.
    6. 2wayMe shall not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
    7. 2wayMe shall not be liable for any No Show event or delay in the commencement of a Fixed Appointment either by the Host or the Client.
    8. 2wayMe does not endorse any of its Hosts or Clients. In addition, although these Terms require 2wayMe Users to provide accurate information, we do not attempt to confirm, and do not confirm, the identity or credentials of the 2wayMe Users.
    9. 2wayMe Users understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. We will not be advising 2wayMeUsers regarding any tax related inquiries.
    10. The Platform may contain links to third-party websites or resources. You acknowledge and agree that 2wayMe is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by 2wayMe.
  10. Disclaimer of Warranties
    1. Except where otherwise inapplicable or prohibited by law, the Platform is provided on an “as is”, basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose.
    2. 2wayMe will not undertake to carry out any marketing or promotional activities for 2wayMe. Therefore, 2wayMe will not provide any sales leads or referrals. The Host thereby understands that it would be their duty to guarantee his/her own success.
    3. The Host agrees and understands that there could be situations where the Host might not earn his/her time investment back, as expected. In the said context, the Host agrees not to hold 2wayMe liable for any losses, damages or expenses for the loss of expectations.
    4. 2wayMe make no, and expressly disclaim any and all, representations and warranties as to the reliability, timelines, quality, suitability, availability, accuracy, and/or completeness of any information on this Portal. We do not represent or warrant, and expressly disclaim that: (a) the website, software, or services will meet your requirements or expectations, (b) the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your requirements or expectations, (c) errors or defects in the Platform will be corrected, or (d) the website or the server(s) that make the website available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and non infringement of third party rights, are hereby disclaimed to the maximum extent permitted by the applicable law.
    5. We hereby exclude our liability for any impact, losses, expenses, claims or disputes that could arise due to a failure, omission or negligence to perform any services by an Integrated Service Provider.
    6. 2wayMe User’s relationship with the third party service providers such as Facebook, Instagram and Google, associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We hold no control over the content published in the third party service accounts.
    7. The Host agrees that you are solely responsible for any and all listings he/she posts on the Host’s account. Accordingly, Host agrees that the listing will not breach any agreements the Host has entered into with any third parties and (i) will comply with all applicable laws, tax requirements, and rules and regulations that may apply to the Host and (ii) not conflict with the rights of third parties. Please note that 2wayMe assumes no responsibility in this regard.
  11. Indemnification

      To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless 2wayMe, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Platform, or the software, (2) information you submit or transmit through the Platform or the respective accounts (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties in this Agreement, or (4) your violation of any law or the rights of a third-party.

  12. Termination
    1. However, you acknowledge that amidst the termination of the Terms, your obligation pertinent to confidentiality and applicable provisions stipulated in the Privacy Policy will be valid for an indefinite period of time.
  13. Remedies for the violation of this Agreement

      You Understand and agrees that a breach or violation of the Terms will be deemed a material breach of this Agreement and will cause irreparable injury to 2wayMe, and that it would be difficult to ascertain the amount of monetary damages for such violation. In the event you violate the Terms or the provisions of this Agreement, 2wayMe reserves the right to seek all available remedies at law and in equity in relation to the violation of this Agreement.

  14. Governing law and Dispute Resolution Mechanism

      The United States law will govern all disputes arising out of or relating to these terms or the Service, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Florida, USA, and you and 2wayMe consent to personal jurisdiction in those courts.

  15. Severability

      If any article, provision or section of this Agreement is rendered invalid by any court of a competent jurisdiction, or any legislation or an amendment thereto, the invalidity of such article, provision or section shall not affect any of the remaining provisions of this Agreement. In any such case the Parties will negotiate in good faith with a view to agreeing on one or more provisions to be substituted of such invalid, illegal or unenforceable provision as nearly as is practicable in all the circumstances to appropriate balance of the commercial interests of the Parties.

  16. No waiver

      Unless expressly provided in this Agreement, there will be no waiver by any Party of any of the provisions of this Agreement. No failure by either Party hereto to exercise, and no delay by such Party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either Party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.

  17. Third Party Communications and Offerings

      2wayMe is not responsible for the offerings and communications that the 2wayMe Users receives from any third parties or outsiders of the Platform. We will not be held liable for such communications and offerings that the 2wayMe Users receive from third parties/outsiders. Your use of any third-party offerings is at your own risk. We do not monitor or make any control or make any representation with regard to any third-party communications or offerings.

Communication

If you have any questions or inquiries concerning any of the Terms, you may contact 2wayMe by email at support@2wayme.com.

Last updated on – 08/02/21