Last Updated: August 11th, 2023
These terms and conditions (hereinafter referred to as the "Terms") govern the access to and use of the platform (hereinafter referred to as the "Services") provided by Shouter ApS (DK40020179), Marselisborg Havnevej 30 ST, 8000 Aarhus C, Denmark (hereinafter referred to as "Shouter") made available to its members. Members are referred to as "you," "your," "yours," etc.
Your access to and use of the Services can only be done with your prior consent. Shouter kindly requests and advises you to carefully read these Terms before using the Services. Additional terms apply to specific services. You must accept such special terms before using them. In addition to these Terms, additional terms apply, and in case of inconsistency, the Additional Terms shall prevail over these Terms. These and additional terms may be unilaterally amended by Shouter. You will be notified upon login to the Services, and by continuing to use the Services after such notification, you automatically accept the changes. Information may also be sent via email or other contact details you may have provided to Shouter ApS.
The Services constitute a technology platform that allows members to utilize their individual personal skills and time by creating tasks and finding help for them through Shouter. In this regard, it is made clear that Shouter merely facilitates the overall contact between the members, as the members themselves arrange and plan all tasks (shouts) individually and together (hereinafter referred to as the "Final Agreement"). Any Final Agreement is entered into between users without any liability on Shouter.
All information about tasks and transactions offered through Shouter is based solely on the information provided by the users who offer the necessary personal and task-related information, and Shouter assumes no obligation to review individual members' accounts and qualifications to either carry out projects and tasks or engage with each other through the Services. However, Shouter always ensures that only identity-verified users can bid on tasks. The Services are provided as a limited, non-exclusive, revocable, non-transferable license. The license includes access to and use of the services provided by Shouter. You may not modify the content, bypass the system, or remove copyright, trademark, or other protected messages from any part of the Services, reproduce, distribute, license, or otherwise exploit and use the Services, except as expressly permitted for the purposes described above. The Services are provided as-is; this means that Shouter does not guarantee that the Services or any part thereof will work on specific devices. No specific uptime is guaranteed, and you must provide your own protection against viruses, malware, etc. Shouter implements the necessary and reasonable protection of its own data in the software. There is no compensation for malfunctions and delays.
2. Member Accounts
You must create a member account (user) and provide the information that Shouter may require from time to time. You must be at least 18 years old, and Shouter may require ID verification with valid photo ID. Account registration requires you to submit certain personal information as well as at least one valid payment method (either a credit card or an accepted payment partner). You are responsible for updating your data at any time, which must be done through your personal access to your profile on the Services (platform).
When signing up as a member, we ask for personal member information, such as name, address, email, phone number, etc. As a member, you expressly consent to the processing, storage, and disclosure of this information by Shouter to our internal subsidiaries, as stated in the section on third-party services and content.
The Services and platform must not be used by individuals under the age of 18, and you must not delegate the use to others. If you wish to delete your user account, please do so individually and manually under your profile.
If there is suspicion that a person has wrongfully become aware of the User's user account information or has access to the User's user account, the User must immediately notify Shouter. The User is solely responsible for any use of the Shouter Service and any activity on the User's user account.
3. Final Agreements
Final agreements govern the relationship between members (Shouters and Doers) regarding one or more tasks. If a final agreement is not complied with, including its additional applicable conditions, Shouter may close one or more members' profiles without notice.
The service serves as a place where members can connect with each other, and Shouter is not a party to the final agreement between the members. Specific terms for a task that has been successfully completed by a member are set out in the final agreement.
Members are fully responsible for all information, such as images, text, and other content advertised and subsequently provided in a final agreement. If a member wishes to enter into an agreement, the member can send a request and a message in a bid. When a Doer wants to make an agreement, they can send an offer with a message and price. All communication regarding the task must take place via chat for both the Shouter (task owner) and the Doer (task taker). It's important to note that exchanging phone numbers, addresses, and other personal details, as well as attempts to pay outside the app, are strictly prohibited. Shouter reserves the right to review all communication between users if there's suspicion of violating these rules. Violations can lead to users being suspended from the platform without prior notice. These guidelines ensure that members are not cheated, left behind, or try to circumvent the service Shouter offers.
The final agreement is entered into through the Services, and if online payment is enabled, members will be able to pay by credit card via a secure payment terminal provided by Shouter's third-party payment provider.
4. Access and Communications
All communication regarding tasks must take place via chat for both the Shouter (task owner) and the Doer (task taker). It's important to note that exchanging phone numbers, addresses, and other personal details, as well as attempts to pay outside the app, are strictly prohibited. Shouter reserves the right to review all communication between users if there's suspicion of violating these rules. Violations can lead to users being suspended from the platform without prior notice. These guidelines ensure that members are not cheated, left behind, or try to circumvent the service Shouter offers.
Any communication through the Services may be reviewed and read by employees and/or representatives of Shouter. Shouter may remove or edit various information from and in the communication, and Shouter may, from time to time, use third-party email servers to send and track the receipt of email messages, email queries and to analyze the pattern of use of query functions reported by these tracking systems from third parties.
The use of Shouter's services involves payment to the users with whom you enter into a final agreement. In addition to this, there may be payment fees and costs for Shouter. Shouter uses Stripe as a payment solution, and by using Shouter as a Doer, you accept the creation of a Stripe Connect account, which handles payments to your account or card. By using Shouter's platform, you consent to us as Shouter making payments on your behalf in connection with a task. The payment will be automatically charged to your credit card account (or invoiced) upon acceptance of the task. Shouter is entitled, on behalf of the Partner, to reserve the amount on your credit card account or to make an authorization when the order is placed through our service.
6. Third Party Services and Contents
Submitted member data is recorded and stored by Shouter as a data controller and, if necessary, made available to you and other members who wish to conclude a final agreement. In order to protect personal data and protect privacy, member data is treated strictly confidential, except as mentioned above, and Shouter continuously ensures that IT solutions are sound and processed in accordance with good data processing practices.
You must not disclose sensitive information about eg. religion, race, political affiliation, union relations, sexual orientation, health information, etc., as we may not be authorized to process and disclose such information. If you expect to provide information in this respect, Shouter reserves the right to delete these without notice.
You may be informed at any time what information is registered about you and you have the right at any time to request that the registered information be deleted.
It is important to emphasize that Shouter acts as the sole agent and in no way guarantees payment or assumes responsibility for any part of the final agreement. If you cancel a final agreement with another member, there may be a cancellation fee that you are required to pay. The responsibility for arranging any refund of an amount lies between the Shouter and the Doer. The options and terms are specified in the individual final agreement you enter into with the other member.
7. Taxes and Fees
You are solely responsible for paying all taxes and fees related to any earnings accumulated through Shouter. Furthermore, Shouter may be required to withhold, collect, and settle taxes and/or fees. By using Shouter, you agree that Shouter will fulfill these obligations and settle any amounts to the relevant tax authorities as required.
Additionally, you are responsible for managing your own tax matters, including advance tax registration, tax statements, and maintaining tax-related records.
When you create a member account, you consent to receiving important messages and information regarding your profile and usage through the contact information you provide (email, SMS, address, etc.). You have the option to modify your preferences at any time, taking into consideration the minimum requirements, by accessing your personal profile.
9. Disclaimer and Limitation of Liability
To ensure a high level of credibility regarding the Services, Shouter reserves the right to delete, suspend, or modify your profile at any time without notice and without assuming any responsibility if you provide incorrect information, violate these Terms, or any other applicable law.
The services are provided "as is" and "as available." Shouter disclaims all responsibility and obligations. The final agreement is solely entered into between the members, and Shouter bears no responsibility for the reliability, quality, quantity, condition, or any other aspect of the services provided, offered, and agreed upon by a member.
11. Limited Liability
Under no circumstances will Shouter be liable for any direct or indirect losses, incidental, punitive, or consequential damages, including lost profits, data, personal injury, or property damage related to the Services and/or the results of using the Services.
You agree to indemnify and hold Shouter, its employees, directors, and management harmless from any claims, liabilities, obligations, losses, responsibilities, and expenses (including attorney's fees) arising out of or in connection with the use of the Services.
You must regularly keep up to date with the applicable conditions that can occur due to changes in Shouters services, legislation and etc.
If you have any questions about Shouters systems and the Services or Terms & Conditions, please don’t hesitate but feel free to contact Shouter by email firstname.lastname@example.org
If a dispute arises regarding the Services, the website and services, or related matters in the relationship between you and Shouter, it shall be resolved in accordance with Danish law and by the Danish courts with Aarhus City Court as the agreed venue.
In case of dissatisfaction with our services or our handling of a given matter, you should never hesitate but feel free to contact us directly. If we cannot find a mutual solution, complaints can be submitted to the "forbrugerklagenævnet" (Danish Consumer Complaints Board) if you are a consumer. Read more at www.forbrug.dk
We wish everyone a great experience using Shouter and our services.
Best regards from everyone in and around Shouter.
Shouter ApS DK40020179, Marselisborg Havnevej