Terms of Service

The following terms of service (hereinafter referred to as the "Terms of Service", “TOS”), govern your access and use of the BIYRO website, including any content, functions and services provided on biyro.com (“platform”) by SaaS Factory OÜ, (Harju maakond, Tallinn, Kesklinna linnaosa, Sakala tn 7-2, 10141) referred to as "Biyro", "we" or "us", "you" or "user" refers to you as a user of this platform.

Before you start using this website, please read the terms of service carefully. By using this website, opening an account or clicking to provide you with this option, click to accept or agree to the terms of service, which means that you represent yourself or represent your employer or any other entity (if any, accept and agree to apply) , In order to be bound and followed by these terms of service, Payment Terms (available here) ("Payment Terms") and our Privacy Policy (available here), each of which is included by reference. If you do not agree to these terms of service or privacy policy, you may not access or use this website. For more detailed policies regarding website activity, actions and usage, please visit the appropriate support article specified.

This website is available to users over 18 years old. If you are under 18 years old, you must not use this website or Biyro services. By using this website, you declare and warrant that you have reached the legal age, are binding, and meet all the above eligibility requirements. If you do not meet all these requirements, you must not access or use this website.

Our customer support team is available at working hours every business day if you have any questions regarding the website or the Terms of Service. You can contact our customer support team by submitting a request via email [email protected].

The first language of these Terms of Service, like all other texts on the Platform, is English. If there is a disagreement between the first English version and any interpretation, the English version will win.

Definitions, key terms

Buyers are users who purchase services on Biyro.

Sellers are users who perform and provide services through Biyro platform.

Parties are Sellers and Buyers together

Projects are services offered on Biyro.

Project snippets is a structured text describing the details of the Project

Project timeline is a proposed step-by-step working process of the Project

Project description is a formal agreement between a Buyer and Seller. This includes Project snippets and Project timeline

Project main page is where Buyers and Sellers communicate with each other about the ordered project.

Quotas are an internal option how Sellers can evaluate their additional services for Buyers.

Project milestone - is a project step. One single project may contain many milestones.

Add-ons - additional services provided by Sellers to Buyers within one single project.

Enqueued project - is a concept when the project is confirmed and paid by a Buyer, and Seller will start working on the project in a specified time. In other words - a period of time required for Seller to prepare for work.

Main terms

• The projects managed using BIYRO are electronic services, physical items are not permitted by this Terms of Service and the usage of our platform.

• Projects on BIYRO may be offered at a base starting price of $5 or 5€.

• We care about your privacy. Please read our Privacy Policy. The Privacy Policy is a part of these Terms of Service and included herein by reference.

• Sellers must provide the services they offer, and may not cancel orders on a regular basis or without a reason. Cancelling orders may lead to blocking the account.

• Orders are purchased through the Order payment page by confirming these Terms of Service with your signature.

• When purchasing a Project, Buyers are granted all rights for the delivered work, unless otherwise specified by the Project description.

• These Terms of Service may be updated from time to time without a prior notice.

• You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not responsible for any action or omission on your part in connection with your account.

• Users may not offer or accept payments, partial payments or any other method other than placing an order through Biyro.com.

• Buyers pay BIYRO in advance to create an order (more detailed in Payment Terms).

• On BIYRO only registered users can buy and sell. Registration is free and has no set-up fees. By registering for an account, you agree to provide the accurate, complete and updated information and you cannot create an account for fraudulent or deceptive purposes.

• BIYRO’s service fees and payments are displayed in Payment Terms

• Sellers have to provide a warranty for their services (“Support services”) for at least 7 days after the project is finished. This period includes basic support services such as consultations, answers to Buyers questions, explanations.

Sellers on BIYRO

Key terms

• For more information about the receiving payments, fees and taxes see the Payment Terms.

• Sellers create individual Projects on BIYRO to allow buyers to purchase their services.

• BIYRO credits Sellers after an order is completed.

• For the security reasons, BIYRO may temporarily disable a Seller’s account or an ability to withdraw revenue to prevent fraudulent or suspicious activity. This may come as a result of security issues, suspicious behavior reported by other users, or a connection with multiple BIYRO accounts to a single withdrawal provider.

• Project consists of general description, milestones (including title, description and payment terms) and buyers contact information.

• Sellers are responsible to cover all risks associated with the performance of their services.

• When a project is handled by BIYRO itself, it has the right to fulfil the order processing itself or by delegating the process to it’s affiliates. In some cases this may be an automated process.

Projects

Sellers are allowed to create a specific amount of active Projects based on their account level status.

• 1 active project for Free accounts

• 3 active projects for Beginner accounts

• 5 active projects for Pro seller accounts

• Unlimited number of projects for Agency accounts

Projects and / or users may be removed by BIYRO from the platform for violations of these Terms of Service, which may include (but are not limited to) the following violations and / or materials:

• Highly low quality Projects

• Misleading to Buyers or others

• Spam, nonsense, or violent or deceptive Projects

• Illegal or Fraudulent services

• Promoting BIYRO and / or Projects through activities that are prohibited by any laws, regulations, and / or third parties' terms of service. Including any marketing activities that may negatively affect our relationships with our users or partners.

• Adult oriented services, Pornographic, Inappropriate / Obscene

• Copyright violation, Trademark violation, and violation of a third party's terms of service reported through our Intellectual Property Policy

Projects that are removed due to a violation of above, may lead to account suspension.

Recurring deliveries that don’t match the project description or have a low quality level may lead to the Seller’s account suspension.

Project Add-ons

• Add-ons are additional services offered during an active project for an additional price defined by the Seller.

• Add-ons may be removed for violations of our Terms of Service.

• The amount of Add-ons, which can be offered in one active project, is based on your account level.

• Services offered through Project Add-ons must be related to the base Project.

• Sellers have the option to extend the Project delivery time specifying this on the Add-on creating process.

• Add-ons may be provided as a paid service or may be exchanged for quotas.

Seller Features

We provide the following services for sellers in order to extend the services that can be offered.

Projects

• Sellers can send a custom made project addressing a specific Buyer

• Project contains the title, description and may include attached files

• In order to provide accurate and detailed information about the provided service, you may need to meet the minimum description length requirements.

• Projects are sent from the New Project dialogue.

• Projects provided through BIYRO cannot violate the Terms of Service.

• Project Offer:

By default the project consists of a number of milestones. The number of milestones is based on your account level.

Each milestone is paid and delivered to the buyer separately. In accordance with the general Project description and the specific Milestone description and timeline.

Each milestone contains the title, description, payment terms, timeline terms and other additional information. Such as Quotas, number of revisions, requirements form.

Once a milestone has been delivered, Buyer may choose to accept or reject the delivered work.

If Buyer accepts the delivered work and your project contains multiple milestones, Buyer will need to complete the payment for the next milestone. Alternatively, Buyer may ask for a revision in order to ask a modification of the delivered work.

If Buyer does not provide any feedback either to confirm the delivery or ask a modification, a milestone will be automatically marked as completed within at least 7 days after the delivery date.

Seller support period

When the project is finished and completed, Seller provides a support period for the Buyer. This support period is limited according to the Project Description and Project settings and is at least 7 days.

Seller agrees to provide consulting services, answer to Buyer’s questions, comment or explain Buyer’s requests according to the and limited by the Project.

Seller is not obligated to provide any additional services during the support period.

It is not allowed to exploit the support period to pull more services from a Seller beyond the Project Description or Project requirements.

Buyers on BIYRO

Key terms

• You may not offer any direct payments to Sellers using any payment systems outside of the BIYRO platform.

• You can communicate with a seller outside the platform.

Payments

For more detailed information please refer to the Payment Terms for making payments and to learn about fees and taxes.

The total price of a project or of a specific milestone is set by a seller only.

You may not offer Seller / Buyer to pay or make a payment using any method outside the biyro.com platform. If you have been asked for an alternative payment method, please report it to our Customer Support here immediately.

Orders on BIYRO

Once the project is created, your project will be given a unique BIYRO order number. The Project details (including the title, description, milestone description, delivery terms) cannot be changed.

Sellers must deliver a proof of work and / or completed files using the Project Delivery dialog (located on the Project page) according to the Project and a specific milestone description.

The Project is marked as completed after it is delivered and accepted by the Buyer.

The Project or its milestone will be marked as completed automatically if it is not accepted by the Buyer and there are no modification requests received within at least 7 days after the Delivery time.

When the project or its milestone is completed, the acceptance certificate is signed automatically according to these Terms of Service.

We ask Buyers and Sellers to solve any conflicts themselves. If there is no option to solve the conflict, users can contact BIYRO’s Customer Support for assistance. To learn more about the cancellation policy, please refer to our Payment Terms

By default the Projects are prepaid for the Buyer according to the BIYRO’s invoices.

If the project contains multiple milestones, and a certain milestone was marked as completed automatically, the project will marked as finished automatically.

Please note that if you don’t want to continue the project, the completed (by Buyer or automatically) milestone will not be cancelled or refunded.

Handling Orders on BIYRO

For any important actions of the Project, Seller and Buyer will be notified via email notifications. Users may change the notification settings on the Profile page. In addition, users may set-up third party notification services using BIYRO integration mechanisms.

Sellers are required to meet the Project timeline and the delivery time specified in the Project Description and Project Timeline. If Seller does not start working on the Project within a specified deadline or does not deliver the Project within a specified time, this may allow the Buyer to cancel the Project.

Sellers must include a proof of work using the Project Delivery dialogue. Sellers should upload screenshots or / and source code or any other information related to a specific Project.

Users are solely responsible for scanning, opening, transferring any attachments for malware and viruses. BIYRO is not responsible for any uploaded attachments and its contents.

When Seller delivers a complete Project or a milestone, Buyer may request a modification to their order using the Project Revision dialogue on the Project Page only. Users may not make any updates to the Project (including modifications, revisions and any other improvements) outside the BIYRO platform. By asking a Seller to revise the delivered project, Buyer must confirm that the delivered work differs from the original Project Description.

Both Seller and Buyer agree that services provided by Seller are limited by the Project Description. In the event when Buyer requests any additional work during the active project, these additional works must be handled using an Add-on to the project (with its own payment and delivery terms) or using a new Project.

Seller warrants that services within a Project are provided in accordance with Project description, and Buyer agrees to accept the project according to the Project description only. Seller is obligated to provide services according to the Project description and related to the Project Add-on description. This applies for such terms (but not limited to) like: “by default”, “it goes without saying”, “by this I thought something different.

Parties agree to provide services according to the Project description.

By default, if the project contains multiple milestones, parties agree that works according to a certain milestone are limited by its description.

Using quotas

• Sellers may provide quotas in their project settings by selecting a number of quotas provided for Buyer after a specific milestone confirmation. Quotas can be used for a “purchase” of additional services (Add-ons) issued by Seller within a single active Project.

• By confirming the project, the number of quotas provided will be shown on the Project Timeline.

• Quotas allow Buyers to receive additional services from a Seller without a purchase, but exchange the quotas provided.

• BIYRO is not responsible if Seller decides to provide quotas within a project or not. In addition to it, BIYRO is not responsible for a number of quotas, their expiration period and the number of quotas used for a certain Add-on.

• Quotas are assigned to the Buyer after the milestone confirmation.

• Quotas can be used for a purchase only providing an Add-on within a single project.

• Quotas can be terminated if the project was cancelled for any reason.

• Quotas do have an expiration date and become unavailable when they expire.

Order cancellations and disputes

We ask Buyers and Sellers to solve any conflicts themselves. If there is no option to solve the conflict, users can contact BIYRO’s Customer Support for assistance. To learn more about the cancellation policy, please refer to our Payment Terms

BIYRO Buyer and Seller Protection

The mission of the BIYRO project management platform is to connect freelancers, agencies to businesses around the world. With our platform we structure the project agreements between Buyers and Sellers. We want to provide a clear image of the project and make the development process clear, predictable and fair.

Using our visualization tools, we show to the Buyers and Sellers a complete image for the maintained project. Including the delivery timeframes, payment terms and the complete and accurate description of the work that needs to be done.

We build a friendly community and a professional environment. We trust our users and do not force anyone: you can communicate with each other even outside the platform.

To report any violation of our Terms of Service, please contact our Customer Support team here.

General Terms

• Users may have an option to enable the two factor authentication to protect their account.

• BIYRO has the right to put your account on hold, suspend or terminate your account due to any illegal or unfair use of the platform or due to violation of our Terms of Service

• Any disagreements regarding the Project must be handled using Customer Support on the Project page or contacting the BIYRO customer support.

• In the reason for our Terms of Service violation may get your account blocked permanently. Users with suspended accounts will not be able to sell or buy on BIYRO again.

• You confirm and agree that if you use BIYRO after the Terms of Services have been changed, BIYRO will treat you using the updated version of Terms of Service.

• We may make changes to these Terms of Service from time to time without a prior notice.

• Users who have violated the Terms of Service may contact our Customer Support for assistance and additional information about the status of their account.

  Key terms

To protect our users privacy, we keep all your personal information anonymous.

• Sellers may use a “Business name” nickname in order to display themselves for the Buyers
• Buyers may use their initials as a nickname in order to display themselves for the Sellers

Both sellers and buyers may communicate with each other outside the platform.

All the key actions including the Project description, payment terms, amounts, delivery terms, timelines, timeframes, proof or work, delivery time extension, add-ons, order cancellation (but are not limited to) must be exchanged within the Project Page.

BIYRO does not guarantee the level of the service provided to Buyers. Buyers should be responsible for reading and understanding the project description, timeline and delivery terms. You may use the Support tools provided on the Project page.

BIYRO does not provide any protection for the conditions agreed outside the BIYRO platform. All the provided services must be included in the Project Description.

Violent messages, improper language or any rude, abusive content may lead to account suspension.

BIYRO is a global platform opened for everyone. Any discriminations against other users is not acceptable and may lead to account suspension.

Projects

Users are to refrain from spamming each other using the BIYRO messaging systems.

Users may report Projects to Customer Support that may be in violation of Terms of Service.

Sellers guarantee that any content included in the Project description and the Delivered work is their own original work. If the project contains any third party related content, Seller guarantees that they hold a valid license to use, distribute and include this content in their Project.

Violations and reports

In the case of violations of our Terms of Service, users may receive a warning to their account. Such warnings will be sent to the users email address.

You should report any violations of our Terms of Service. All the cases are reviewed by our Support team. You can review our Privacy Policy for more information.

Prohibited usage

Fake Profile - you may not create a fake profile on BIYRO. We reserve the right to require users to go through a verification process in order to use the platform (including the ID, phone, video conference)

Pornography and Adult Services - BIYRO does not allow any exchange of prnographic materials and any other adult oriented services.

Spam and phishing - users' security has highest priority. It is strictly prohibited to publish or send any fraudulent or suspicious content with the intent to compromise another user. We ask all the users to respect the privacy and professional communication by not contacting about anything which is not directly related to the Project or order.

Unlawful use and fraud - you may not use BIYRO for any illegal activities, fraud or for any unlawful purposes.

Selling Accounts - You may not buy or sell BIYRO accounts.

Identity and privacy - You may not publish any other user private or personal information. Any private information, including the personal information, access credentials or any other information must be exchanged through the Requirements form on the Project page. Sellers confirm that whatever information becomes available during the Project, which is not a public domain, shall not be used for any other purpose.

Inappropriate Language and Behavior - any communication between users should be constructive, friendly and professional.

Multiple Accounts - Users are limited to have one active account on BIYRO in order to prevent fraud and abuse. Mass account creation leads to disabling of all the related accounts.

Other Restrictions

The Platform including the general layout, content and design is owned by the BIYRO. User have no right to: (a) copy, modify, adapt, distribute or reproduce it in any manner; (b) decompile, derive its source code, algorithms, structure; (c) remove any identification, copyright notice or any other notices; (d) use the Platform in any manner that could disable, damage or impact the Platform.

Confidential information and user generated content

Sellers and Buyers should recognize that there might be a need to disclose a certain confidential information in order to complete the Project and make the ordered work. Therefore Sellers and Buyers agree that any information received from both parties is highly confidential.

According to that, Sellers agree to (a) keep this information confidential; (b) do not disclose this information to any third parties; (c) do not use this information for any purpose without the other party permission.

All the content uploaded to BIYRO by our users (Sellers and Buyers) is user generated content. BIYRO does not check user uploaded content for any violations of copyrights, trademarks, or other rights. Users are solely responsible for the content they use, disclose, store or transmit.

When you upload any content to BIYRO platform, you confirm that you have obtained rights, license, permissions or any other necessary rights to use such content. You agree that (a) it does not violate any of intellectual properties, privacy; (b) any local, state, federal or international laws, regulations and conventions; (c) any other third party terms and conditions.

We ask users to report for any inappropriate content and have a right to permanently remove this.

BIYRO is not responsible for any content provided by the user including the quality of the service provided by a Seller.

BIYRO does not provide any warranty regarding the quality of the delivered work. We ask users to agree on the project description and pay attention to the project details before confirming the project.

By providing a service, the Seller confirms that he / she has all the necessary permissions, licenses and rights to provide, sell and distribute the offered service to the Buyer. All the provided graphical materials must comply with the laws.

Ownership and commercial use

By default, Buyer is granted all intellectual property rights of the purchased project delivery, unless it is clearly stated otherwise on the Project Description. According to that, Seller assigns to the Buyer the copyrights of the made and delivered work. The assignment of the intellectual property is transferred to the Buyer after the full payment for the Project and may not be used if the Project was cancelled or delivered partially for any reason.

By default, Seller grants an exclusive worldwide license to use delivered work for commercial purposes, unless it is clearly stated otherwise on the Project Description. Commercial license means any business related use, such as (by way of example) promotion, advertising, creating websites, integrations, software and other business related tools. This excludes any immoral and illegal purposes. Neither the Seller nor BIYRO will be responsible for any claims or other damages arising out of this license, the Project Delivery or your use of the Project Delivery.

Warranty disclaimer

THE USE OF THE PLATFORM, BIYRO AND ANY OF OTHER SERVICES, ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. ALL THE SERVICES ARE PROVIDED ON “AS IS'' AND “AS AVAILABLE” BASIS, WITHOUT ANY KIND OF WARRANTIES, EITHER IMPLIED OR EXPRESS. NEITHER ANY PERSON ASSOCIATED WITH BIYRO PLATFORM NOR BIYRO MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE SECURITY, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR AVAILABILITY OF THE PLATFORM. THIS DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.

BIYRO INCLUDING ITS AFFILIATES, EMPLOYEES, AGENTS ARE NOT RESPONSIBLE FOR ANY KIND OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USAGE, OR INABILITY TO USE THE PLATFORM, ANY WEBSITES LINKED TO IT. THIS INCLUDES ANY CONTENT ON THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM INCLUDING ANY INDIRECT, SPECIAL, DIRECT, CONSEQUENTIAL DAMAGES. INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USAGE, LOSS OF GOODWILL, LOSS OF DATA. THIS DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWS.

Claims

The content of BIYRO is based on User generated content. Which means BIYRO does not verify, check or control the content uploaded and created by users for any copyright violations of any kind, including copyrights and other intellectual property rights. If you believe that any of the uploaded content violates certain copyright laws, you should report this to BIYRO Support Service.