Terms of Use Agreement
Notice: This Terms of Use Agreement governs your use of the DOMA website/app and includes the Terms and Conditions, Privacy Policy, and other relevant policies. By using this service, you enter into a legally binding contract with DOMA Expert Corp. Please review these terms carefully before use. In case of disagreement with any of its provisions, the use of the service is not allowed.
The last amendment to this Terms of Use Agreement is dated: 20.04.2024.
1. Definitions and General Conditions
a) Definitions
“DOMA”: Website/app of the registered brand "DOMA Expert Corp.," located in Delaware, USA, 108 W. 13th Street, Suite 100 duly registered under the Employer Identification Number (EIN) 992460026 specific to DOMA Expert Corp.
“Client(s):” Those who use the DOMA website/app to place orders for the provision of specific services by professionals registered for this purpose.
“Customer Information:” Any information provided by the Client, both during the registration phase on the Website/app and regarding the description of their requests, the evaluation of Professionals, or other information resulting from the use of the w website/app ebsite/app.
“Privacy Policy:” Description of the types of information collected from the simple user, the Client, and the service provider, and the respective processing.
“Request:” A description made by the Client of the service they want to be provided by a professional registered on the website/app.
“System:” Refers to the computing equipment, data storage and transmission systems, computer software, command sequences, and automated processes used by DOMA for data analysis and processing. This includes, but is not limited to, our servers, databases, and related technology.
“Terms and Conditions:” The rules to which DOMA, Clients, Professionals, and simple users are bound, as stated in this Terms of Use Agreement and the Privacy Policy terms.
“Professional:” Individuals or legal entities providing services, registered on the DOMA website/app, who wish to receive requests from potential interested parties in providing those services.
“User”: Any natural or legal person who accesses the website/app until they become a Client or a service provider.
“Website/app (DOMA)”: Internet site and its domain, hosting space, page, or set of pages on the internet, their contents, graphics, and other information contained therein, whose content is managed by DOMA.
b) General Conditions
DOMA website/app is an online platform where Clients state their requests and interest in the provision of a particular service, and where professionals providing various services register to access the presented requests.
Each request must represent a real need of the Client. DOMA may, at its sole discretion, exclude all requests and/or content published on the platform that do not comply with the terms and conditions or content that may harm the DOMA brand or the image of professionals and clients using the services.
The requests submitted by Clients are disclosed to registered Professionals whose activity is compatible with them, so they can, if they wish, present proposals and budgets directly to Clients for the requested services.
It is the Client's responsibility to evaluate the budget proposals and services presented by Professionals, and the selection of the Professional is entirely and exclusively the responsibility of the Client.
DOMA role is limited to collecting Clients' requests and registrations of service provider Professionals, disclosing the requests to them to enable the Client's selection process. Whenever DOMA presents or refers a Professional to a Client, it is solely and ultimately the Client's decision to accept the budget proposal and services presented, including those received through DOMA. There is no employment or subordination relationship between the Professional and DOMA.
The Client may choose not to select any of the Professionals who contact them to present their respective budgets, recognizing that DOMA is a third party in the contractual relationship established between the Client and the Professional. DOMA cannot guarantee the fulfillment of the service by the Professional or any transaction agreed upon between them.
The information regarding requests and Professionals on the website/app is provided by Clients and Professionals, respectively.
Despite the above, DOMA does not select specific Professionals; the acquisition of the budget request occurs whenever Professionals decide to use their credits for that purpose.
Clients have the right to evaluate, signing or anonymously, the contact made and/or service provided by any Professional registered on DOMA who chooses to contact them through the platform. Clients can leave a "Review" on DOMA, and Professionals have the right to respond with a "Comment." Reviews and Comments reflect the opinions of users (Clients and Professionals, respectively) and not the opinion of DOMA. Reviews and Comments are not verified or filtered by DOMA, and it is not responsible for ensuring their accuracy; they may be incorrect or misleading.
Reviews and Comments made by Clients and Professionals must be fair, true, and factual, and cannot contain defamatory or offensive language.
Users (clients and professionals) are prohibited from manipulating the review and comment system, such as giving instructions to a third party to write a positive or negative comment about another member.
Clients and Professionals undertake to include on the website/app only true and correct information and, whenever necessary for the service to be provided, documentary evidence for the exercise of their respective activities.
DOMA is not responsible for the information mentioned above, and the Client must, before selecting the Professional, assess and verify its truthfulness, correctness, and integrity.
The presentation by the Professional to the Client of fraudulent proposals or false or incorrect documents can never be attributed to DOMA, and the Client is responsible for selecting Professionals and confirming the information provided by them.
DOMA is committed to ensuring that its services are accessible to everyone, including individuals with disabilities, in accordance with the Americans with Disabilities Act (ADA). DOMA also adheres to non-discrimination policies that protect all categories under U.S. federal law.
2. Removal of Experts with a Rating Lower than 2.5/5
We reserve the right to remove any expert registered in DOMA who maintains an average rating lower than 2.5 on a 5-point scale. This decision will be made at our sole discretion and will be based on the ratings and comments from the website/app's users. Affected parties will receive notice and have the opportunity to respond before removal, aligning with principles of fairness and due process customary in the United States
This measure applies especially to experts who have been identified as scams or providers of false or misleading information. The identification of fraudulent practices will result in the immediate and permanent removal of the expert, without the possibility of reconsideration.
By using our website/app, you agree to comply with the rules and standards established by the community, including maintaining a positive reputation and providing honest and high-quality services to users.
We reserve the right to take legal action or necessary measures to protect the interests of users in the case of suspected fraudulent activity by an expert.
By continuing to use our website/app, you agree to this policy and acknowledge that violation of the established conditions may result in the immediate and permanent removal of your profile as an expert, without the right to appeal.
3. Privacy Policy
The Privacy Policy is detailed here.
4. Guarantees
DOMA guarantees the continuous and correct operation of your website/app, except in situations where, for reasons beyond its control, such compliance cannot be demanded.
Notwithstanding the above, DOMA reserves the right, as the owner of the website/app, to suspend or cease its operation whenever it deems justified by reasonable grounds (related to third parties or its business model), which, in any case, will be communicated to its users as soon as possible.
Clients and Professionals are required, when including information, to consider compliance with current legislation, particularly regarding competition, consumer rights protection, misleading advertising, and discrimination. Additionally, information of an obscene or indecent nature, offensive to good morals, or pornographic is prohibited. References and links to other website/apps, of any nature, are also strictly prohibited.
Clients and Professionals undertake to ensure that none of the information provided to DOMA contains computer viruses, macro viruses, Trojan horses, worms, or anything that may interfere or disrupt the operational procedures of a computer.
They are also prohibited from accessing the system without explicit authorization, as well as intercepting or clandestinely intercepting data or information of any kind, especially personal data.
DOMA does not consider itself responsible for any errors, omissions, inaccuracies, or falsehoods in the information transmitted by Clients and Professionals.
DOMA reserves the right not to use, in any form, any information that violates this Terms of Use Agreement.
5. Rights and Obligations
Joining as a Client or Professional under the Terms of Use Agreement constitutes the conclusion of a contract between them and DOMA, resulting in rights and obligations for each party, namely:
The Client has the right to enjoy the website/app, under the terms and conditions of this Terms of Use Agreement, respecting the corresponding privacy policy.
DOMA is obligated to collect the Clients' requests and other information related to them and communicate them to registered Professionals who provide services corresponding to those desired by the Clients.
Professionals' access to Clients' requests depends on the prior acquisition of credits for receiving requests according to Chapter 8.
Clients undertake not to submit requests not allowed by law or the terms of this Terms of Use Agreement.
Clients are solely responsible for the content and accuracy of any information provided.
Clients and Professionals undertake not to copy, reproduce, modify, or in any way use any content from the website/app They also agree not to use works and requests they have become aware of through this means for purposes other than the negotiated and/or contracted agreement through the contacts provided by the website/app. They are further obligated not to send to third parties or otherwise disclose requests from the website/app, distribute, or publicly display any content from the website/app without the prior and express authorization of DOMA.
Clients and Professionals undertake not to use the DOMA website/app, its content, or services for a purpose other than its intended use, especially for illegal, illicit, or any other purposes capable of conflicting with legally protected third party rights.
Professionals undertake to provide services and perform work according to the good practices of their respective professional activities and to respect the ethical
codes and technical regulations that govern them.
Professionals undertake not to use any personal data and information of Clients for purposes other than the provision of services intended through the platform.
DOMA is committed to adhering to all applicable consumer protection laws to ensure that all transactions and interactions on our platform are fair and transparent. We strive to ensure that all service descriptions are accurate and that all advertised services meet their described standards.
6. Responsibility
DOMA is not a party, in any capacity, to the contractually established relationship between the Client and the Professional. Therefore, the Client and the Professional acknowledge that no responsibility can be attributed to DOMA, particularly regarding the fulfillment of the contract and the compliance with contractual duties by the parties, or even for the presentation of a Professional to the Client or the submission of a quote to the Client on behalf of the Professional.
Similarly, no responsibility can be attributed to DOMA for the contractual non compliance of either party or for any non-contractual liability. Moreover, no responsibility can be imputed for any losses or damages that may result for either party.
DOMA does not make any statement or provide any guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services provided by Professionals. DOMA does not guarantee the quality, suitability, safety, or capacity of the Professionals. The Client bears the full risk arising from the hiring of a Professional, in accordance with the maximum limits allowed by applicable law, except as otherwise established herein.
7. Complaints and Dispute Mediation
Conflicts arising from the relationships established between Clients and Professionals must be reported to DOMA.
The information collected as a result of the previous paragraph is intended to enable DOMA to improve and update the information related to those registered on its website/app.
We strive to provide a safe and reliable environment for our users. In case disputes or complaints arise regarding the services provided by the registered on our
platform, we are willing to act as mediators in an attempt to resolve the dispute and achieve a satisfactory outcome for all parties involved. However, we emphasize that we do not assume responsibility for issues arising from interactions between and users.
Unacceptable Behavior: In the event of unacceptable behavior by an, including but not limited to fraudulent practices, provision of false or misleading information, unethical conduct, or disrespect towards users, we reserve the right to permanently block the on the platform, with no possibility of recovery. This measure is taken to protect the integrity and safety of our user community.
Commitment to Integrity: By using our platform, both and users agree to act ethically, respectfully, and professionally in all interactions. Any violation of these principles may result in disciplinary measures, including the permanent blocking of the user's or profile.
Notice: We emphasize that while we strive to provide a safe and transparent environment, we cannot guarantee the conduct of all registered on our platform. We recommend that users use their own discretion when selecting an and report any inappropriate behavior to our support team for investigation and appropriate action.
By continuing to use our platform, you agree to these conditions and acknowledge that failure to comply with them may result in disciplinary action, including the permanent blocking of your profile as an or user.
In the event of disputes, DOMA offers mediation or arbitration as alternatives to court proceedings, providing a cost-effective and efficient resolution method.
8. Penalties
DOMA has the right to clarify and investigate, on its own initiative and whenever it deems necessary, complaints of which it becomes aware, with the aim of assessing and deciding on the continued presence of Clients and professionals on its website/app.
The use of the website/app may be suspended for a certain period whenever a violation of the obligations of clients and/or professionals under this user agreement is demonstrated. In such cases, the possibility of using the credits of the involved Professionals is also suspended during the same period. The use of available credits is suspended until there is confirmation that the issue is resolved by both parties – professional and client. In case of non-resolution of the problem,
the available credits will remain suspended.
Clients and Professionals may be permanently prevented from using the website/app whenever a violation of this User Agreement is demonstrated to have been sufficiently serious, either in terms of behavior, means used, or damages caused. DOMA also reserves the right to withhold acquired credits in other accounts created by Professionals who are prevented from using the platform.
DOMA reserves the right to suspend or terminate the service provided by the use of its website/app to a Client or Professional whenever there is suspicion that they are violating or intending to violate the provisions of this User Agreement or applicable legislation.
The possibility of withholding already paid credits and the cases in which the return of the same to the respective professionals is anticipated are outlined in the credit return policy, which can be found here.
9. Payments
Subscription Model for Professionals:
While the use of the DOMA website/app remains free for Clients, Professionals are required to pay a subscription fee to access and respond to client requests. Details about the subscription fees, including different tiers and benefits, are outlined on our pricing page. These fees are structured to maintain fairness and transparency in transactions between DOMA and registered Professionals.
Trial Period for Professionals:
A trial period is available exclusively for first-time Professional subscribers. This trial allows Professionals to use our services without charge for a limited time as specified on our platform. Unless the subscription is canceled before the trial period expires, Professionals will be automatically charged the subscription fee at the end of the trial.
Automatic Renewal and Cancellation Rights:
Subscriptions for Professionals automatically renew at the end of each subscription period, at the current rate, until canceled. Professionals can manage or cancel their subscriptions at any time by accessing their account settings on the DOMA website/app.
Professionals, especially those from the European Union, have the right to cancel their subscriptions at any time. Under EU law, Professionals are entitled to a full refund within 14 days of the subscription start date, provided no service has been utilized.
Payment Authorization and EU Consumer Rights:
By clicking the 'Purchase' button, Professionals agree to subscribe to DOMA's services at the stated rate and confirm that they have read and agreed to our Terms of Use and Privacy Policy. Professionals in the EU are reminded of their rights under EU consumer protection laws, including the right to a "cooling-off" period as previously mentioned.
Billing Practices:
All billing and invoicing at DOMA are conducted electronically, adhering to both U.S. and EU electronic invoicing standards. Invoices are generated using software compliant with applicable tax legislation and are sent to Professionals via email.
Compliance:
Despite being based in Delaware, DOMA ensures compliance with relevant EU regulations concerning electronic transactions, consumer rights, and data protection. This commitment includes adherence to the General Data Protection Regulation (GDPR) for the protection of personal data of clients and professionals within the EU.
Additional EU-Specific Provisions:
For services offered within the European Union, DOMA commits to complying with mandatory local consumer protection laws that may supersede other provisions of this agreement.
10. Transitional and Final Provisions
In the event that one or more clauses and provisions of this User Agreement are considered invalid, such invalidity does not affect the validity and application of the remainder.
The implicit or explicit violation by a Client or Professional of any provision of this Agreement determines the immediate cessation of access to the website/app.
This User Agreement constitutes the entire agreement between DOMA and Clients and Professionals, superseding all other preceding documents, including communications, exchanges of intentions, or any other agreements related to the same content.
Any communication made within the scope or for the purpose of the execution or compliance with this Agreement can be made via email, regular mail, or fax to the contacts listed on the website/app and the information collected from users.
Any changes to the terms of this User Agreement must be in writing and brought to the attention of the counterparty. Acceptance is presumed if, after becoming aware of them, the use of the website/app continues.
No provision of this Agreement constitutes or is capable of being confused with the establishment of any partnership, joint ventures, mandate, commission, or other relationship beyond that arising from the contractual bond established by adherence to this agreement.
11. Applicable Law and Jurisdiction
This Terms of Use Agreement is governed by the laws of the State of Delaware, United States of America. Nonetheless, if you are accessing our services from within the European Union or any other region with mandatory consumer protection laws, such local laws are acknowledged and will take precedence if they offer greater consumer protection than those stipulated here.