Profy Terms and Conditions

Terms and Conditions of use of the platform

This “Terms and Conditions of use of the platform” is an agreement that is legally binding for the “Company” and the “Customer” to the extent provided in the same agreement. You, as a "Customer", are obliged to read this text carefully before using the “Profy platform”.

As soon as you start using the “Profy platform”, you automatically become a party to this “Terms and Conditions of use of the platform” and accordingly, the rights, obligations, prohibitions and responsibilities described therein apply to you to the full extent.

Definition of Terms The terms and definitions used in this “Terms and Conditions of use of the platform” have the meanings defined below, unless something else is clearly derived from the context of the document: “Company” - "Home Genie" LLC (identification number 405259401), which is registered and operates on the basis of the legislation of Georgia, represents www.profy.ge, as well as the copyright owner of the Profy app and which conducts entrepreneurial activities by connecting "Customers" and "Professionals". “Profy platform” - a platform operated by "Home Genie" LLC, which includes without any limitation the website www.profy.ge, the Profy app and/or all other alternative channels available, with the help of which the “Professional” and the “Customer” are connected, to provide the "service" desired by the “Professional” and to receive the "service" desired by the "Customer". “Professional” - a natural or legal person (except "Home Genie" LLC) who is registered on the “Profy platform” as a service-providing craftsman or cleaner and is ready to provide the services offered by them in case of receiving a corresponding order. “Customer” - a legal or natural person, who registers on the “Profy platform” in accordance with this “Terms and Conditions of use of the platform” in order to receive the desired service from the “Professional”, orders the desired service from the “Professional” through the “Profy platform”, pays the cost of the service, makes a change or cancels the order. “Customer” is also defined as any person who visits the “Profy platform” for any other purpose, regardless of registration on the platform. “Terms and Conditions of use of the platform” - this legally binding document (agreement) that regulates the terms and conditions of use of the “Profy platform”, Profy's Privacy Policy and "Order Cancellation Policy" posted on the website - www.profy.ge, as well as any annex to this Agreement, the text of which is included or may be included in the future as a link in this document. "Service" - services to be provided/provided by the “Professional” for the benefit of the “Customer” on the basis of “Terms and Conditions of use of the platform” and the corresponding "Service Agreement", which is offered to the public by the “Professional” through “Profy platform” and which includes a craftsman, cleaner and/or any other household service ordered by the “Customer” using the “Profy platform”. “Profy platform service” – intermediary service provided by the “Company” to the “Customer” and the “Professional”, the purpose of which is to facilitate the conclusion of the “Service Agreement” between the “Customer” and the "Professional". “Service Agreement” – the legal relationship established between the “Customer” and the “Professional” through the “Profy platform”, which arises from the moment of placing an order by the “Customer” on the “Profy platform” and its confirmation by the “Professional”, and which may exist between the parties in oral or written form. In order to avoid any misunderstandings, the provisions regulating the relations between "Customers" and "Professionals" in this “Terms and Conditions of use of the platform” are unconditionally part of the “Service Agreement” concluded between the “Customer” and the “Professional” in oral or written form. The essential terms of the “Service Agreement” that are not covered by this “Terms and Conditions of use of the platform” may be regulated by an oral or written “Service Agreement” concluded between the “Customer” and the "Professional". "Account" - means an account registered by the “Customer” or “Professional” on the “Profy platform” used to fill in personal information, offer "services" to be provided to the public, manage the "Professional's" calendar, report claims, evaluate the “Professional” and perform other functions offered by the platform. "Order" - a specific offer made by the “Customer” through the “Profy platform” to receive the "service" of the “Professional”, on which the “Service Agreement” is concluded by the “Professional” through the statement of acceptance. "Fee" - the amount paid by the “Customer” and/or “Professional”, namely: "service fee", "commission", "technical support commission" and/or "additional services commission". "Service fee" - the amount that the “Customer” pays to the “Professional” in exchange for the "service" provided by the latter in the form of non-cash payment. "Commission" - the amount of money paid in favor of the “Company” from the "service fee", the payer of which, for the purposes of this agreement, is the “Professional” and the "Customer". "Technical support commission" - a commission paid by the “Customer” for the support of the "Customer Service Center" on the “Profy platform”, which is a fixed amount of 90 (ninety) tetri. "Additional services commission" – the commission that the “Customer” pays for additional services, including the "Professional's" Professional liability insurance fee and night shift fee. The said commission(s) are determined or will be determined in the future by the "Company", its choice is the right of the "Customer", the content and amount of each of them is determined on the “Profy platform” and the “Customer” has the opportunity to get acquainted when choosing the desired service, before placing the "order".

"Profy platform service"

1.1. The provision of “Profy platform service” by the “Company” implies the creation and operation of a technological platform for "Customers" and "Professionals" which provides "Customers" to use the platform to plan and order desired services with independent third parties - "Professionals". Also, the “Profy platform” allows "Professionals" to receive orders and perform relevant "services" using it.

1.2. By agreeing to this “Terms and Conditions of use of the platform”, you, as a "Customer", acknowledge that the “Company” does not offer or provide the "service" (craftsman, cleaner, or other household services), nor does it provide the operation of logistics services related to the "service" and that all such "services" are offered and provided by an independent third party - a “Professional” who is not an employee of the “Company” or any person affiliated with the "Company".

1.3. The relationship between the “Customer” and the “Professional” regarding the provision of the "service" is completely regulated by the respective “Service Agreement” concluded between them, which is concluded between the respective parties after the “Customer” places an order using the “Profy platform” and its confirmation by the "Professional".

1.4. The “Customer” confirms that the “Company” is not a party to such “Service Agreement” and, except for the “Terms and Conditions of use of the platform” and the cases provided by law, it is not subject to obligations and responsibilities arising from the provision of the "service" or its non-fulfillment, including “Company” is not responsible for: • "Professional's" qualification; • Materials used by the “Professional” in the provision of the "service" and their quality; • The accuracy of personal data provided by the “Customer” to the "Company"; • The proper execution of the “Service Agreement” concluded between the “Customer” and the "Professional"; • The existence of a permit/license/certificate, if the legislation of Georgia provides for the provision of the relevant "services" ; • Compensation for damages caused by the "Professional".

1.5. In case of any kind of misunderstanding/claim between the “Customer” and the “Professional”, except for the “Terms and Conditions of use of the platform” and the cases provided for by law, the “Company” is completely exempt from any claims that the parties may have against each other. The “Company” is entitled, at its own will, to be involved in the resolution of such misunderstanding/claim/dispute.

Purpose of use of the “Profy platform” by the "Customer"

2.1. The use of the “Profy platform” by the “Customer” is intended to provide them with more means to receive the "service" contained in the subject of their interest.

2.2. For the "Customer", the purpose of using the “Profy platform” is:

a) Use of appropriate and simplified virtual space for finding the “Professional” providing the necessary "service"; b) Getting more information when selecting “Professional” and "service";

c) Calling the “Professional” easily, quickly, at the desired time;

d) Receiving more information about a properly qualified “Professional” based on feedback from other "Customers".

Terms of use of “Profy platform”

3.1. In order for the “Customer” to be able to use the main resources of the “Profy platform”, they are required to register on the platform and maintain an active "account". During the registration process, the “Customer” is obliged to declare their consent to the “Terms and Conditions of use of the platform” and to Profy's privacy policy, otherwise they are not granted the right to use the resources provided by the platform.

3.2. Registration on the “Profy platform” is allowed for natural persons (regardless of their citizenship) who have reached the age of 18 or legal entities.

3.3. Registration on the “Profy platform” requires the submission, through the Platform, of personal data of the “Customer” to the "Company", including name, surname, address, telephone number, age, email address, and any other data deemed appropriate by the “Company” to provide services to the “Customer” by the "Professional".

3.4. When registering on the “Profy platform” it is mandatory that the data submitted to the “Company” through the platform be complete, accurate and valid for the date of registration. In failure to fulfill such an obligation, including specifying an expired bank account as a payment method, may restrict the “Customer” from accessing the “Profy platform” and using its resources. Violation of the obligation provided for in this paragraph may result in unilateral termination of this agreement by the “Company” and a claim for compensation for the damage caused.

3.5. The “Company” has the right to request from the “Customer” at any time confirmation of the correctness of the information or presentation of documents or other evidence.

3.6. After completing the registration, the “Company” is authorized to identify and verify the “Customer” through the e-mail address or phone number specified by them. Once the “Company” verifies the "Customer", they are given full access to the “Profy platform” and the features it offers. 3.7. Identification data of the "account" is available only to the “Customer” individually on the "account" created by them, therefore they themself are responsible for the consequences of unauthorized access to their "account" by third parties. The “Company” is not responsible (but at the same time ensures the implementation of all adequate measures to prevent such unauthorized access) for the damage caused to the owner of the "account" as a result of unauthorized access from third parties.

3.8. The “Customer” is obliged to change their password and immediately contact the Profy Customer Service Center, in the event that the “Customer” reasonably suspects that their personal account login information, password or other security access code(s) or means have been stolen, lost, misappropriated, used without permission or otherwise appropriated.

3.9. The “Customer” is entitled to submit, upload, publish or otherwise make available textual, audio or visual data and information on the “Profy platform”, which may include comments or feedback regarding the service. Any such information and data is the property of the "Company", therefore the “Company” has the opportunity to use such data without additional consent from the “Customer” based on its goals, including marketing goals.

3.10. The “Customer” is entitled to terminate their registration on the “Profy platform” at any time. The “Company” is obliged to delete all bank account data of the “Customer” in case of cancellation of registration by the latter.

Promo codes, referral codes and other discounts

4.1. The “Company” is authorized to assign a promo code(s) to "Customers" upon registration on the “Profy platform” which can be used when placing an order through the “Profy platform” and thus the “Customer” can receive a discount on the "service".

4.2. The “Company” is entitled to unilaterally cancel such promo codes at its discretion without prior notice or justification to the "Customer".

4.3. When registering on the “Profy platform”, the “Customer” is assigned a referral code. A referral code is a unique combination of numbers or letters that allows the “Customer” to participate in a “Professional” order discount program.

4.4. When ordering the "service" through the referral code, the respective “Customer” receives the "service" at a discount. At the same time, the "Customer", whose referral code was sent to another “Customer” and the latter made a "service" order, receives credit on their account, which they can use when placing an order on the “Profy platform”.

4.5. In order to encourage the placing of an "order" by the "Customers", the “Company” may, at its discretion, make other types of discounts as well.

Actions prohibited on the “Profy platform”

5.1. Any content submitted by the “Customer” to the “Profy platform” must not violate the rights of the “Professional” and/or a third party and must not contain hate speech, obscene terminology, incitement to violence, illegal or false information, pornographic images. The “Company” is authorized to monitor and review the compliance of such data and information with these terms and at any time based on its unilateral will to delete or otherwise cancel any data that is in conflict with these rules.

5.2. It is strictly prohibited to offer or demand "services" intended for the purchase or sale of the following types of products: • Narcotic drugs or related attributes; • Firearms or ammunition; • Weapons and knives; • Signal jamming devices for cable and satellite television; • Pornographic material; • Unlicensed lottery and gambling related services; • Multilevel marketing, pyramid style trading or Ponzi schemes, Matrix programs or other rapid enrichment schemes or high-yield investment programs; • Goods or services that violate the intellectual property rights of third parties, which, without limitation, include unlawful use of electronic download programs; • Any other products or goods that the “Company” considers incompatible with the purposes of using the platform.

5.3. In the event that the “Customer” performs, or attempts to carry out the operation in violation of the prohibitive provisions specified in their article, the “Company” reserves the right unilaterally: • Stop or suspend the functioning of the “Customer” "account"; and/or • Inform law enforcement agencies about the operation carried out; and/or • Demand compensation for damage caused by the "Customer".

5.4. Violation of the obligations defined by the “Terms and Conditions of use of the platform” by the “Customer” will result in their responsibility. The “Company” reserves the right to block the "Customer's" "account" at the first violation, with the possibility of the latter applying to the “Company” with the request to unblock the "account" after the expiration of 1 (one) month, and in case of repeated violation, for an indefinite period, without the possibility of recovery.

"Services" to be provided by “Professional” to "Customers" through the “Profy platform”

6.1. The right to offer and provide "services" using the “Profy platform” is given to a “Professional” who has adequate knowledge, qualifications and experience in tidying up/cleaning, computer technology or household services and is registered on the platform.

6.2. A “Professional”, when offering a "service" through the “Profy platform”, assumes full responsibility that they have the appropriate qualifications, knowledge and experience, necessary equipment and inventory in connection with the "service" provided by them and that as a result of the "service" provided by them they are fully responsible for the issues that arise.

6.3. The offer or provision of a "service" by a “Professional” through the “Profy platform” shall not be considered as an offer or provision of a service by the "Company". In relations with "Customers", the "service" provider is represented only by the "Professional". The "Company", except for the “Terms and Conditions of use of the platform” and the cases provided for by law, is free from any liability that may result from the provision of "services" by the “Professional”, including improper service, damage/destruction of the item by the “Professional” in the process of providing the "service", violation of the “Service Agreement” and warranty terms, non-compliance with current legislation and regulations, etc.

6.4. In order to exclude any uncertainty, the parties declare that the “Professional” is an independent person from the “Company” and they are not employees, agents or representatives of the "Company", as well as the legislation regulating labor relations and/or representation does not apply to the relations between the “Company” and the "Professional".

6.5. A “Professional”, using the “Profy platform”, is authorized to offer and provide the following "services": a) Cleaner service, which includes: • Regular cleaning; • Post-renovation cleaning; • General cleaning; • Performing the functions of an assistant housewife; b) Craftsman services, which include: • Plumbing; • Electricity; • Technique; • Furniture; • Other universal household services; c) IT services, which include: • Windows installation; • Installing antivirus; • Installing additional programs; • Network installation; • Installation of operating systems; • Recover lost files or other computer related assistance; d) Other household services.

6.6. During the execution of the "order", the “Professional” is prohibited from: changing the "service fee" without prior warning to the "Customer", except in cases where additional work beyond what was previously agreed upon is to be performed; as well as sharing their own contact data with "Customers" they were connected with through the “Profy platform”.

Choosing the service desired by the “Customer” and placing an "order"

7.1. The “Profy platform” allows the “Customer” after passing authorization to go to the main page, from where they can access various information through the located navigation buttons.

7.2. “Customer” selects "category" from the main menu to place the order, after which several windows with clarifying questions appear in sequence on the screen. After marking the desired answers, “Profy platform” will select the desired "service" for the "Customer".

7.3. After selecting "service", a window with open questions appears on the screen, where the “Customer” has the opportunity to describe the specific characteristics of the "service" they want, including uploading the appropriate photographs (if necessary).

7.4. After specifying the "service", the “Customer” determines the place and period of providing the "service".

7.5. After the “Customer” enters the data, a list of "Professionals" available to the “Customer” at the desired period and location will appear on the screen. In the upper right corner of each "Professional's" "window" by clicking on the "info" (!) button, the “Customer” has the opportunity to get acquainted with the following information about the "Professional": name, surname, personal number, address, contact data (“Profy platform” chat, with which you can communicate directly with the “Professional” of your choice). Along the data of each “Professional”, the value of the "service", the rating of the “Professional” and its schedule are placed on the platform.

7.6. After selecting the desired “Professional” and the time to provide the "service", the “Customer” will be redirected to the billing page, through which the “Customer” will pay the "fee". 7.7. The “Customer” is authorized to indicate the promo code on the billing page. The promo code is valid only for the period specified by the "Company", and it gives the “Customer” the opportunity to obtain the "service" of the "Professional " at a discount to the amount specified by the promo code. 7.8. "Order" will be considered placed only after the “Customer” has paid the corresponding "fee". In case of failure to pay the corresponding remuneration, the "order" in the waiting mode will be considered canceled and the claims of the “Customer” regarding the provision of "service" will not be accepted.

7.9. After paying the "fee", the "order" is considered fixed and information about the "order" is sent to the corresponding “Professional” through the mobile app. The “Professional” has an obligation to provide "services" at the time, place and in the volume specified by the "Customer", except when the “Professional” has the authority to cancel the "order" based on the honorable grounds.

Payment of the "fee" by the “Customer”

8.1. When "ordering" services through the “Profy platform”, the “Customer” pays a "fee" using a bank plastic card through non-cash payments, which without any restrictions consists of a remuneration receivable by the “Professional”, as well as a “Company” commission, "technical support commission", "additional services commission" (if any) and a bank commission.

8.2. When paying by credit card, the recipient of the transfer is a payment system that sends the amount received (excluding part of the "fee" (if any, also part of the "Tip") receivable by the "Company") to the "Professional".

8.3. The “Company” will provide support to "Customers" in solving the problem arising from payment by credit card through the customer service center. 8.4. The obligation of the “Customer” to pay the "fee" to the “Professional” will be considered fulfilled from the moment when the receivable part of the "fee" by the “Customer” is fully reflected in the bank account of the “Professional”, and the remaining part of the "fee" is fully reflected in the corresponding bank account of the "Company".

8.5. The “Customer” pays the "fee", including the "service fee", in advance, during the "order" placement process. The "service fee" is divided into 2 parts, one part of which represents the "service fee" receivable by the “Professional” (excluding the "commission"), and the other part - the "commission" acceptable by the "Company".

8.6. In the process of providing "services", at the origin of the need to buy materials, the “Professional” and the “Customer” may agree to reimburse the cost of materials, the amount of which will not be taken into account in the "service fee".

8.7. During the provision of "services", compensation for a "Professional's" travel expenses to purchase materials is facilitated through the Profy platform using the appropriate service - "transportation".

8.8. If, in accordance with the "order cancellation policy", there is an obligation to return the "fee" or part of it to the "Customer", no later than 5 (five) working days, the amount paid will be returned to the “Customer” to the same account in accordance with the conditions established by the "order cancellation policy".

Commission

9.1. From the "service fee", the “Professional” and the “Customer” pay a "commission" in favor of the "Company".

9.2. The amount of the "commission" is determined from the full tax free "service fee" received from the "order" made through the “Profy platform” and its amount may be less than or equal to the "service fee", as well as the "commission" will be considered any additional fee received (the so called "Tip" or the fee received from the sale of chemical solutions during the provision of "service" by the cleaner) in the amount from 18% to 27%. The exact amount of the "commission" is determined individually, and when determining its amount, the “Company” takes into account such circumstances as the number of "orders" made by the “Professional”, the rating, positive reviews of "Customers", etc.

9.3. The amount of "commission" for “Professional” and “Customer” is distributed in the following proportions: • 70% of the "commission" is the remuneration paid by the “Professional” for finding the “Customer” through the “Profy platform”; • 30% of the "commission" represents the remuneration paid by the "Customer", which the latter pays in exchange for obtaining the services of organizing the connection to the “Professional” through the “Profy platform”.

9.4. When the “Company” receives the total "commission", it is believed that the “Customer” and the “Professional” paid their part of the "commission" for the benefit of the "Company".

Cancellation of "order" by “Customer” or “Professional”

10.1. After fixing the "order" and paying the "fee" by the "Customer", the “Professional” is prohibited from canceling the received "order" if they do not have a valid basis for cancellation. 10.2. Any objective circumstances (for example: health condition of one's own or family member, death of a family member) that make it impossible for the “Professional” to fulfill the "order" may be a valid basis for canceling the "order".

10.3. After the “Customer” has recorded the "order" and paid the "fee", in the event of the “Professional” failing to appear to provide the "service" at the appropriate time and place, the “Customer” will be refunded the "service fee" in full. On return, the “Professional” will refund the "service fee" they received (excluding the "commission"), and the “Company” will refund the "commission" and other "fees" it received.

10.4. The “Customer” is entitled within 14 calendar days after placing the "order", without specifying any grounds, to cancel the "order" by clicking on the "cancellation of placed order" button in the "orders" box on the personal page.

10.5. The “Customer” will not be charged any costs for canceling the "order" within 14 calendar days after placement.

10.6. The cancellation of the "order" by the "Customer", according to what time has elapsed since the "order" was placed, or by what status the "order" is, results in the full or partial return of the paid "service fee" to the “Customer” or its non-return. The issues of reimbursement of "service fees", "commissions" and/or other "fees" when canceling the "order" are additionally regulated in accordance with the "order cancellation policy", which is located on the “Profy platform” and is a constituent and integral part of the "Terms and Conditions of use of the platform".

10.7. The “Customer” cannot cancel the "order" if the “Professional” has provided the "service" in full and/or in accordance with the current legislation, the contract cannot be refused (cancellation of the "order").

10.8. For the purposes of this article, the cancellation of the "order" by the “Customer” shall also be considered a case when the “Professional” who has arrived at the place to fulfill the "order" is unable to contact the “Customer” within 15 minutes and therefore the relevant rule of the "order cancellation policy" will be applied in connection with the return of the "fee".

10.9. The “Company” reserves the right to restrict their use of the “Profy platform” within 24 (twenty-four) hours in case of cancellation of 3 (three) "orders" by the "Customer". The restriction on the use of the “Profy platform” can be extended for up to 6 (six) months, after which the “Customer” is entitled to reactivate the account with the help of the customer service center.

10.10. When the “Customer” cancels the "order", the "fee" paid or part of it is refunded to the "Customer": a) In case of full refund - both from the “Professional” (the corresponding part of the "service fee" received by the latter, excluding the "commission") and from the “Company” (the corresponding part of the "commission" received by the "Company") and other "fees"; b) In case of partial refund - the corresponding part of the refundable amount is covered by the “Professional” from the "service fee" received by them.

Evaluation of the "Professional"

11.1. After completing the "service", the “Customer” receives a message from the “Company” through their personal account, which contains the instructions and form for evaluating the "Professional".

11.2. Evaluation can be carried out immediately after receiving the notification, as well as at any time by selecting the appropriate "service" on the "completed orders'" page.

11.3. For the sake of efficiency of "service", “Professional” is rated on a scale from 1 to 5 stars, where 1 means unsatisfactory quality of "service", and 5 - the best quality "service".

11.4. The “Customer” has the opportunity to leave comments (public and/or anonymous – which only the "Company " will get acquainted with) and explain the specific reasons on which their evaluation is based.

11.5. After checking the "Confirm" button, the “Customer” cannot change the evaluation and/or posted comments.

11.6. Each new “Professional” registered on the “Profy platform” is automatically awarded with a 5-star rating by the platform, which should not be viewed as a rating based on “Customer” satisfaction.

Warranty period and service

12.1. The “Customer” and the “Professional” may agree on the existence of a warranty period under the "service agreement", during which the “Professional” is obliged to eliminate any defects related to the implementation of the "service" within a reasonable time at its own expense, at the request of the "Customer".

12.2. In case of refusal and/or improper correction of the defect by “Professional” during the warranty period, “Company” is entitled to deduct "service fee" from “Professional” account in favor of “Customer” with the rule without acceptance.

12.3. The “Professional” undertakes to provide the “Customer” with "services" corresponding to the conditions provided for in the "service agreement".

12.4. In the event of the exceeding the term stipulated by the “Service Agreement” or finding a defect, the “Customer” should provide the “Professional” with a reasonable additional period for provision/eliminating the defect of the "service", unless this is impossible due to the nature of the "service" or involves a disproportionate or inappropriately high cost. The following conditions must be taken into account to determine a disproportionate or inappropriately high cost: a) "Service fee" in case of compliance with the conditions provided for by the "service agreement"; b) The degree of non-compliance with the conditions provided for by the "service agreement".

12.5. In case of unsuccessful expiration of the additional term, the “Customer” has the right: a) To offer to another person providing "services" or eliminating the defect at the expense of a "professional"; b) To request adequate reduction of "service fee"; c) To refuse the “Service Agreement” and demand compensation from the “Professional” in accordance with the rule established by the legislation of Georgia.

12.6. 12.4 of this article. It is not mandatory to determine the additional term provided for by the paragraph if it is obvious that this will not have any effect, or the “Customer” linked the fulfillment of the “Service Agreement” with the timely receipt of the "service".

12.7. If the “Professional” did not start the "service" on time or the "service" process is groundlessly delayed, which makes it impossible to provide the "service" within the specified period, the “Professional” has no right to demand reimbursement of the costs incurred during the "service" process, as well as the "service fee", if the “Customer” has lost interest in partial fulfillment of the "service contract".

12.8. The “Customer” has the right to use the rights provided for in this article if the defect of the "service" is found within 2 years after the provision of the "service".

Rights on the “Profy platform”

13.1. The copyright on the “Profy platform” belongs to the “Company” - "Home Genie" LLC. Any rights related to the “Profy platform”, its use, utility, etc., as well as any content, including audio/video, photographs, including photographs containing images of "Customers" and "Professionals" are the exclusive property of the "Company".

13.2. You as a “Customer” do not have the right to: a) Reproduce a computer program by any means and form, in whole or in part; b) Transfer, adapt, systematize or otherwise modify a computer program from one programming language to another and reproduce the results obtained; c) Create derivative works through a computer program, alienate, issue a license, publicly display, transfer or otherwise infringe the copyright of the “Company” on the “Profy platform”; d) Copy data, create databases based on them, or perform other unauthorized and unsanctioned actions on the program.

13.3. Provided that the “Customer” complies with the “Terms and Conditions of use of the platform”, the “Company” gives you a limited, non-exclusive, unlicensed, revocable license to use the platform owned by the “Company” on your personal devices only for the purpose and to the extent necessary to fulfill the purpose(s) of the "Customer's" use of the Profy Platform and to have access and use any information that is available in connection with the "service" solely for personal and non-commercial use.

13.4. Any rights not referred to in this paragraph belong to the “Company” without limitation.

Responsibilities of the parties

14.1. By agreeing to the “Terms and Conditions of use of the platform”, the “Customer” acknowledges that the “Company” is not an entity offering or providing "services" that are "ordered" by the “Customer” through the “Profy platform”. Accordingly, in addition to the “Terms and Conditions of use of the platform” and the cases provided for by law, the “Company” is not liable, including: • for delaying the implementation of "services"; • For improper performance of or failure to perform "services"; • For refusal or partial reimbursement of "service fees"; • For damage to the property of a “Customer” or third party by a “Professional” in the provision of "services"; • Also, for all actions or inactivities for which only the “Professional” or “Customer” may be responsible in connection with the "service".

14.2. “Customer” and “Professional” are responsible for relations arising between each other on the basis of the “Service Agreement” concluded between them (oral or written) and current legislation. 14.3. “Customer” is responsible to the full extent for failure to comply with the objectives, principles, obligations or prohibitions set forth in the “Terms and Conditions of use of the platform”, to the "Company", which, among others, includes direct damage, indirect damage, consequential damage, reputational damage, etc., in accordance with the legislation of Georgia.

14.4. If the “Professional” provides the “Customer” with their own contact details for receiving subsequent orders without the “Profy platform”, the “Company” is entitled to charge the “Professional” a fine of 2 000 gels.

Changes to the "Terms and Conditions of use of the platform"

15.1. The “Company” is authorized to periodically unilaterally make changes and additions to the "Terms and Conditions of use of the platform". The “Customer” will be able to accept the change through the “Profy platform” and/or a message sent to the phone/e-mail, otherwise the “Customer” will no longer be able to receive the "Profy platform services".

Processing of personal data

16.1. The personal information obtained by the “Company” from the "Customers" is processed in accordance with the Privacy Policy defined in this “Terms and Conditions of use of the platform” and posted on the “Profy platform”.

16.2. By registering on the “Profy platform”, you agree that the “Company” is authorized to process your personal data in accordance with the legislation and for the purposes permitted by the legislation. 16.3. The “Company” reserves the right, and the “Customer” consents to transfer the personal data of the “Customer” to the “Professional” providing the relevant "service" for the purposes of providing the relevant "service".

16.4. The “Customer” has the right to request the “Company” and the “Company” has the right to provide them with the personal data of the “Professional”, which may not be related to the purpose of providing the "service"(e.g.: name, surname, residence address, telephone number, personal number of the "Professional"), if the “Customer” needs to receive such personal data in order to apply to the relevant law enforcement agencies (e.g.: for appeals to the court, appeals to investigative bodies, etc.) and in addition, if the “Customer” with a high degree of probability justifies the “Company” that the “Professional” has violated the requirements established by the “Terms and Conditions of use of the platform”, prohibitions and obligations under the “Service Agreement” or legislation.

16.5. Transfer of the personal data of the “Customer” to third parties for purposes other than those specified in this article is allowed only in cases provided for by legislation, on the basis of an app of the competent authority (e.g.: court order, judgment, etc.).

16.6. The “Customer” agrees, in order to provide and offer effective services, after opening the "account", before terminating the contract, the "Company", in accordance with the legislation, to access, verify and process any personal information specified by the “Customer” or related to it, including personal information.

Other provisions of the “Terms and Conditions of use of the platform”

17.1. Georgia is the place of fulfillment of the obligation on relations arising on the basis of this "Terms and Conditions of use of the platform".

17.2. Declaring any article or part of it, belonging to “Terms and Conditions of use of the platform”, void or invalid by force of law does not result in voiding/invalidating the entire agreement or the remaining paragraphs of the agreement. In addition, in case the article or its part is invalidated, the parties shall regulate the relationship with the actual regulation closest in content to the invalidated provision.

17.3. This “Terms and Conditions of use of the platform” is regulated and interpreted in accordance with the legislation of Georgia.

17.4. All disputes and disagreements arising in connection with the "Terms and Conditions of use of the platform" will be resolved through negotiations between the parties, otherwise, the parties apply to the court of Georgia. In addition, the possibility of resolving the dispute by agreement between the parties does not deprive either party of the right to apply to the court for the protection of their rights until the relevant negotiations are held.

LTD Homegenie (Identification Number 405259401),

Contact information

address: Tbilisi, Universiteti street N24

Facebook: https://www.facebook.com/ProfyApp

The type of Order Cancellation

Description

1.1 Canceling an order within 14 calendar days of placing it - 100% of the amount paid by the customer when canceling an order is refunded if 14 calendar days or less have passed since it was placed.

1.2 Cancellation of the order after 14 calendar days of placing it – the amount paid by the customer when canceling the order, in addition to the insurance fee, is reimbursed by 50% if the order is canceled after 14 calendar days of placement. 1.3 Cancellation of the order, when the status is "Professional is on the way," and for each subsequent statuses - from the amount paid by the customer when canceling the order, except for the insurance fee, the deduction is made by 50% (not more than 30 (thirty) GEL), if the status of the order is "Professional on the way" or the order has some status after that.

1.4 Change of time and/or date in the order - change of date and/or time, does not occur. At such a time, the order must be canceled and a new order must be placed. The amount will be refunded in accordance with paragraphs 1.1, 1.2, and 1.3.

1.5 Choosing the wrong service in the order - it is important for the customer to choose the service correctly, and in case of a wrong selection, the order will be canceled and the money will be refunded in accordance with paragraphs 1.1, 1.2, and 1.3. (To select the correct service, the costumer must read the description of the service to avoid the risks of choosing the wrong service.).

1.6 Cancellation of the order by the professional - the professional is entitled to cancel the order in case of a problem. In addition to the insurance fee, 100% of the amount paid in the order will be reimbursed to the customer.

1.7 Non-fulfillment of the order - if at least 15 minutes have passed since the announcement of the professional's actual execution of the order at the appropriate time and location and both the professional and the professional's support team try to contact the customer during this time and cannot contact the customer, the order will be canceled and the money will be refunded in accordance with paragraph 1.3.

1.8 Refund period - the refund will be made no later than 5 (five) working days to the customer's account from which the payment was made.

Professional - a service provider that is registered on the platform, and the customer connects to them through PROFY.

The professional has the right to cancel the order received through the platform in the event of a problem, for which they are obliged to contact the Customer Support Department and immediately inform them of the problem. The Customer Support Department makes the decision to cancel the order and informs the customer at the earliest opportunity.

We reserve the right to restrict the customer's right to use the platform in case of cancellation of 3 (three) orders within 24 (twenty-four) hours. Restriction of the use of the website and app for the customer can be extended for a period of up to 6 (six) months, after which the customer is entitled to reactivate the account with the help of the Customer Service Center.

9. Limitation of Liability
No Warranty: The Service is provided on an "as is" and "as available" basis. Profy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Liability Limit: In no event shall Profy or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Service, even if Profy or a Profy authorized representative has been notified orally or in writing of the possibility of such damage.

Privacy Notice Customers

Home Genie LTD (Company Registration Number 405259401) located at 95 Nutsubidze street , Tbilisi, Georgia is the controller of personal data of customers and has appointed a Data Protection Officer ([email protected]).

The term 'us' or 'we' refers to the owner of the Profy app, Home Genie LTD, a private limited company, founded in the Republic of Georgia.

1. Personal data we process

Name, phone number, e-mail address.

Geolocation of the customer, to pick up order location.

Payment information.

Information about disputes.

Identification data of the device on which the Profy app has been installed.

2. Purpose of the process

We collect and process personal data for the purpose of connecting customers with Service providers to help them manage errands more efficiently.

We display picked address geolocation data of customers to service providers to enable service providers get to location efficiently. Geolocation data is collected only when the Profy app is looking for address. The collection of geolocation data stops after closing the Profy app.

We may use geolocation data to resolve quality issues related to address.

We use contact details to notify customers of updates to the Profy app.

Your name, phone number and e-mail will be used to communicate with you.

We obtain payment details to process customer's payment on behalf of service providers for handyman services.

Customer support data is collected on a case-by-case basis and stored for the purpose of resolving disputes and service quality issues.

3. Legal Basis

Personal data is processed in order to provide the service contracted with customers. We collect and processes the personal data submitted by the customers in the course of installation and use of the Profy app. The prerequisite for the use of Profy app services is customer’s agreeing to the processing of identification data.

Personal data may be also processed on legitimate interest grounds, for example in investigating and detecting fraudulent payments.

4. Recipients

The personal data of customer is only disclosed to service provider who has activated Profy app; in such case, service provider will see the name, and address data of the order.

After providing the handyman service, the name and the chat functionality of the customer will remain visible to the service provider for 48 hours. This is necessary for service providers & customers to resolve any issues associated with service provision.

“Secret review” Feedback given by customers regarding the quality of the service is anonymous and service providers do not receive names of customers who provided rating and feedback.

Depending on the location of the customer, the personal data may be disclosed to the Profy group companies and partners (local subsidiaries, representatives, affiliates, agents etc). Processing of personal data by Profy group companies and partners will occur under the same conditions as established in this privacy notice.

5. Security and access

Any personal data collected in the course of providing the services is transferred to and stored in the data centres of Zone Media Ltd. and/or Amazon Web Services, Inc., which are located in the territories of a Member States of the European Union. Only authorised employees of Profy group companies and partners have access to the personal data and they may access the data only for the purpose of resolving issues associated with the use of the services (including disputes regarding handyman services).

For research and scientific purposes, the data is used in unidentified form (anonymized)

6. Access and correction

You can access and update your personal data via the Profy app.

7. Retention

Your personal data will be stored as long as you have an active customer account. If your account is closed, personal data will be deleted (according to the policies set out in this section) from the databases, unless such data is required to be retained for accounting, dispute resolution or fraud prevention purposes.

Financial data regarding services provided to customers will be stored for 3 years after the last order.

Data required for accounting purposes will be stored for 7 years [after the last order].

In the event that there are suspicions of a criminal offence, fraud or false information having been provided, the data will be stored for 10 years.

In case of payment disputes, data will be retained until the claim is satisfied or the expiry date of such claims.

Order history data will be stored for 3 years, after which the data will be anonymized.

Please note that the deinstallation of Profy app in your device does not cause the deletion of your personal data.

If the Profy app has not been used for 3 years, we will notify you and ask you to confirm whether account is still active. If no reply is received, the account will be closed and personal data will be deleted unless such data is required to be stored for accounting, dispute resolution or fraud prevention purposes.

8. Deletion

You should also bear in mind that any request to delete your personal data is possible only if we delete your account. As a result of that you will not be able to use Profy app via an account which has been deleted.

We respond to any request for to delete personal data submitted by e-mail within a month and will specify the period of data deletion.

9. Portability

We will respond to any request for transfer of personal data submitted by e-mail within a month and specify when the data transfer will take place. After we have verified the customer in question, we will provide you with you personal data, which includes: contact information, last 3 years’ journey history and payment information.

10. Direct marketing

We will only use your e-mail address and/ or phone number to send direct marketing messages if you have given us permission to do so via the Profy app. We may personalize direct marketing messages using the information how you use Profy services (frequency of use, orders, payments).

If you no longer wish to receive direct marketing messages, please click the “Unsubscribe” link in the footer of our e-mail or in profile section of the Profy app.

11. Dispute resolution

Disputes relating to the processing of personal data are resolved through customer support ([email protected])

The supervisory authority is the Georgian Data Protection Inspectorate (https://personaldata.ge/ka) which can be contacted by email [email protected].