Your access and use of the 10 Deca website located at www.10deca.com (the “Site”) and the features, products, and services provided by 10 Deca, Inc. (“10 Deca,” “we,” “us,” or “our”) through the Site (individually and collectively, the “Service”) are subject to the terms and conditions in these Terms of Service (these “Terms”). These Terms constitute a legal agreement between you and 10 Deca and are sometimes referred to herein as the “Agreement”.
By agreeing to these Terms, you expressly agree to arbitration of all disputes. You and 10 Deca agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.
The Service provides individuals or businesses seeking to obtain technical support services (“Customer”) with a platform where they can engage an individual seeking to provide the selected technical support service (“Tech”). A Customer will use the Service to select the desired services and set up a time for the Tech to perform on-demand technical support services (a “Booking”). Customers and any other users of the Service are collectively referred to herein as “Users”. The Services and the Site are collectively referred to as the “Platform”.
Please note that the Platform is operated in the United States and is not available to, and should not be accessed and used by, residents of the European Economic Area.
By agreeing to these Terms, including by a click-through or other agreement, or by using any aspect of the Platform, you expressly acknowledge that (a) you have read these Terms and agree to all of their terms and conditions, (b) you are 18 years of age or older, (c) you have the right, authority and capacity to enter into this Agreement, and (d) if you are entering into this Agreement on behalf of an entity, you have the authority to act on behalf of that entity and to bind that entity to this Agreement.
You further agree to receive all communications, agreements, and notices that we provide in connection with the Platform electronically, including by e-mail, SMS text message, or by posting them on the Site or otherwise making them available through the Platform. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You must agree to these Terms in order to use the Platform, and if you do not accept these Terms then you may not use any aspect of the Platform.
These Terms contain important language governing your use of the Platform. They address, among other things, information about how we provide the Platform, how we or you may terminate the Services and/or access to the Platform, the requirements imposed on you when managing your User account (an “Account”), and how we handle disputes (which includes a class action waiver and binding arbitration in most cases).
10 Deca firmly asserts its status as an independent third-party service provider and clarifies that it is not linked, endorsed, or affiliated with any particular brand, product, or entity. We operate autonomously to deliver technical support services to our users without any exclusive partnerships or associations.
By choosing 10 Deca, users can trust in our commitment to delivering support that is focused solely on their needs, free from any external influences or affiliations.
It is important to note that any use of brand names, trademarks, or logos on our platform is solely for descriptive and identification purposes. Such usage does not imply an endorsement or sponsorship by the respective brand or entity.
10 Deca may update these Terms at any time in its sole discretion, and 10 Deca will post the updated version of these Terms on the Site. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Platform after the updated Terms are posted. If at any point you do not agree to any portion of these Terms, you must immediately stop using the Platform. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
You are responsible for any Internet connection, data usage, and telecommunications fees and charges that you incur when accessing the Platform. You acknowledge and agree that 10 Deca may make changes to any aspect of the Platform at any time without notifying you in advance.
10 Deca reserves the right to deny use of the Platform to any person or entity at 10 Deca’s sole and absolute discretion. You acknowledge and agree that 10 Deca may stop providing any aspect of the Platform or restrict your use of the Platform at any time, without notifying you in advance, for any reason or no reason. If 10 Deca disables your access to your Account, you may be prevented from accessing the Platform, your Account details, or any materials contained in your Account.
To access certain aspects of the Platform, you must have an Account. You can create an Account by completing the registration process on the Site.
You may be required to provide information about yourself as part of the registration process or your continued use of the Platform. You agree that any registration information that you submit to 10 Deca will be correct, accurate, and up-to-date. You shall not select or use as a username a name (a) of another person with the intent to impersonate that person; (b) subject to any rights of a person other than you with appropriate authorization; or (c) that is otherwise offensive, vulgar, or obscene.
Maintaining your Account security is very important. You are solely responsible for maintaining the confidentiality of your Account password and for all activities that are conducted via your Account. You agree to notify 10 Deca immediately if you become aware of any unauthorized use of your password or your Account.
Accounts are registered to you personally and may not be transferred at any time under any circumstances. You should not share your Account with or disclose your password to anyone else.
You have the right to deactivate your account at any time. You may deactivate your account by emailing us at support@10deca.com. We may maintain a record of account and order history for deactivated accounts.
10 Deca may terminate your Account at any time for any reason or no reason, including if: (a) 10 Deca determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to 10 Deca; (b) 10 Deca determines it is required by law to terminate your Account; or (c) 10 Deca decides to stop providing the Platform or critical portions of the Platform. When terminating your Account, 10 Deca may delete the Account and all the information in it. You have no ownership rights to your Account.
If you voluntarily deactivate your Account, you may reactivate that Account at any time by contacting us via email at support@10deca.com. Accounts terminated by 10 Deca for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated for any reason without the consent of 10 Deca, which may be withheld in 10 Deca’s sole and absolute discretion.
All prices, fees, and other amounts for the Platform are set forth on the Site (the “Fees”). All amounts shall be expressed and paid in United States Dollars. All Fees are subject to change at any time without notice; no Fee is confirmed until the checkout process is complete. The Fees may include a platform fee, in which case such a platform fee will be indicated as a line item at checkout. Except as otherwise expressly set forth herein or as expressly approved by 10 Deca in writing in its sole discretion, all payments made are final and non-refundable, and a User shall not have the right to cancel its purchase for any reason. If you use PayPal or any other payment or financial mechanism (“Payment Provider”), the applicable Payment Provider agreement governs your use of such Payment Provider, and you should refer to that agreement, and not these Terms, to determine your rights and liabilities with respect thereto. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. All information that you provide to us or our third-party payment processors must be accurate, current, and complete. You will also be responsible for paying any applicable taxes relating to payments that you make. 10 Deca shall have no liability or responsibility to you or any other third party in connection with the accuracy of the Payment Provider information provided by you or your use of any Payment Provider (including any fees charged by such Payment Provider in connection with such use).
When you make a Booking, we will place a hold on the credit card that you provide to us at the time of Booking, such hold in the amount of the anticipated charge for the applicable Booking. Upon your marking, the Booking is complete via the mobile app for Techs or other methods facilitated by 10 Deca, such credit card will be charged if payment was not made via other means on the Platform. You may change the payment method at any time before job completion by emailing us at support@10deca.com. Fees for cancellations and rescheduled Bookings, in accordance with the cancellation and rescheduling policies referred to in Section 5, will be charged to the credit card provided at the time of Booking.
In the event that 10 Deca is unable to successfully charge any linked payment instrument, 10 Deca will notify you via email and/or within the “My Account” page, and you will be unable to initiate further orders or transactions with your Account. Upon 10 Deca’s notification to you of such failure, you agree to link a new, valid payment instrument as soon as possible but in any event within three (3) business days. Your 10 Deca Account may be disabled until a valid payment instrument is provided and the outstanding uncharged balance is resolved by 10 Deca. 10 Deca is not responsible for any charges imposed by the issuer of your payment instrument as a result of any failed charge by 10 Deca. To the extent that 10 Deca is unable to successfully charge any payment instrument linked to your Account as payment for authorized transactions for more than thirty (30) days, you understand and agree that 10 Deca may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your User Account, and you will not contest the use of a third party to collect the debt and fees owed to 10 Deca. You agree that you will be responsible for any legal, court, arbitration, or collection agency fees associated with rectifying your account and all monies owed thereunder. You agree that 10 Deca, or any agency or business employed by 10 Deca, has the right to contact you and your heirs via telephone, email, or in-person using the information you provided upon registration or during any contact with 10 Deca, in an effort to collect any monies and fees owed under your account, whether specifically referenced in these Terms or not, and such contact may be made in a manual or automated fashion.
You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you are accessing or using the Platform on behalf of an entity, you further represent and warrant that you have the authority to bind that entity to these Terms.
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not use the Platform in any way that violates any applicable federal, state, local, or international law or regulation. Additionally, you agree not to:
(a) Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform;
(b) Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform;
(c) Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
(d) Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent;
(e) Use any device, software, or routine that interferes with the proper working of the Platform;
(f) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform; or
Otherwise, attempts to interfere with the proper working of the Platform.
You may have the ability to submit, post, or display content on the Platform, including but not limited to text, images, and other materials ("User Content"). You are solely responsible for any User Content you provide, and you represent and warrant that you have the right to provide such User Content.
By submitting User Content, you grant 10 Deca a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Content on the Platform and 10 Deca's marketing materials.
10 Deca reserves the right to remove any User Content that violates these Terms or is otherwise objectionable in its sole discretion.
The Platform, including its text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of 10 Deca or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Platform is the exclusive property of 10 Deca and is protected by U.S. and international copyright laws. You may not systematically extract and/or re-utilize parts of the Platform without express written consent from 10 Deca. All rights not expressly granted herein are reserved to 10 Deca.
Your use of the Platform is also governed by our Privacy Policy, which can be found at [insert link to Privacy Policy]. By using the Platform, you agree to the terms of our Privacy Policy.
The Platform may contain links to third-party websites or resources that are not owned or controlled by 10 Deca. 10 Deca assumes no responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that 10 Deca is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or resources.
Any dispute arising out of or in connection with these Terms or your use of the Platform shall be resolved through binding arbitration as outlined in Section 19 below.
You agree to indemnify, defend, and hold harmless 10 Deca and its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your use of the Platform.
The Platform is provided "as is" and "as available" without any warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, 10 Deca disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall 10 Deca be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Platform; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Platform; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not 10 Deca has been advised of the possibility of such damages.
These Terms shall be governed by and construed in accordance with the laws of the State of [insert state], without regard to its conflict of law principles.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The failure of 10 Deca to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and 10 Deca regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
Any dispute arising out of or in connection with these Terms or your use of the Platform shall be resolved through binding arbitration, which shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in [insert city], [insert state], and the laws of the State of [insert state] shall apply. The decision of the arbitrator shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.