Terms of Use Agreement
Last Updated: February 6, 2024
Welcome to aresassist.com, the official website and online service of Ares Assist LLC (“Ares Assist,” “we,” “our,” or “us”). This page outlines the terms and conditions (“Terms”) governing your use of our website and services (“Service”). By accessing or using our Service, or by clicking “I Agree” or a similar button, you confirm that you have read, understood, and accepted these Terms.
These Terms apply to all visitors, users, and others who access our Service (“Users”). Users of our Service must also comply with our Acceptable Use Policy and Privacy Policy. Ares Assist reserves the right to modify these Terms at any time, and notice of such changes will be provided as described below.
We recommend reviewing these Terms periodically to stay informed of any updates. Your continued use of the Service constitutes acceptance of any changes.
These Terms govern all aspects of our Service, including but not limited to virtual assistant solutions, website features, and related tools.
Ares Assist is committed to making its website accessible to all users, in compliance with standards established by the World Wide Web Consortium (W3C) and applicable laws. If you encounter any difficulties accessing our website or require assistance, please contact us at [email protected]. We are dedicated to addressing any accessibility issues promptly.
Mandatory Arbitration and Class Action Waiver
Important Notice: Please Read Carefully
This Agreement contains provisions that affect your legal rights, including:
- Mandatory Individual Arbitration: As detailed in Section 10.2, any disputes between you and Ares Assist must be resolved through binding arbitration on an individual basis. This Arbitration Agreement prohibits the use of a court trial to resolve disputes.
- Class Action/Jury Trial Waiver: As outlined in Section 10.3, by agreeing to these Terms, you waive your right to participate in any class action or collective legal proceedings, including as a plaintiff or class member.
Key Implications:
- You expressly waive your right to seek relief in a court of law or have a jury trial for your claims.
- Arbitration will be the exclusive means of resolving disputes between you and Ares Assist.
- To the fullest extent permitted by law, these provisions apply to all claims, including those arising before you agreed to these Terms.
If you wish to opt-out of the Arbitration Agreement or Class Action/Jury Trial Waiver, please refer to the instructions in Section 10.2.
1. Our Service
Ares Assist provides a platform enabling users to hire skilled personal assistants for various services (“Requests”) fulfilled by personal assistants (each referred to as an “Assistant”).
If you experience any issues accessing our website or platform, please contact us at [email protected]. We are committed to resolving any accessibility or service-related concerns promptly.
1.1 Eligibility
This Agreement establishes a binding contract between you (“User”) and Ares Assist. By accessing or using the Service, you confirm that you:
- Have read, understood, and agreed to these Terms.
- Are capable of entering into a legally binding agreement in accordance with local, state, national, and international laws, rules, and regulations.
Age Restrictions
- The Service is not available to individuals under 13 years of age (or under 16 in Europe, as required by applicable laws).
- Some Requests may not be available to users under the age of 18 or 21, depending on regional regulations.
Users previously removed or banned from the platform by Ares Assist are prohibited from accessing the Service.
Identity Verification
In certain circumstances, Ares Assist may request proof of identity to create an account, access the platform, or use specific features of the Service. Refusal to provide proof of identity may result in the denial of access to the platform.
1.2 Limited License
Subject to the terms of this Agreement, Ares Assist grants you a non-exclusive, non-transferable, and freely revocable license to access and use the Service in accordance with its intended purpose and features.
Termination of License
Ares Assist reserves the right to:
- Modify or revoke this license at any time without prior notice.
- Restrict or terminate your access to the Service for any reason, including violations of these Terms.
Users acknowledge and agree that all rights not expressly granted in this Agreement are reserved by Ares Assist, including rights to any Ares Assist Content (as defined in Section [X]).
The Service may not be used for unlawful purposes or in violation of any regulations applicable to your jurisdiction.
For additional details, please review our Privacy Policy and Acceptable Use Policy.
1.3 User Accounts
Your account on the Service (“User Account”) provides access to the features and functionality we offer, which may change or expand at our discretion. Ares Assist may establish different types of User Accounts for various User categories based on service needs or usage.
Accounts for Entities
If you create a User Account on behalf of a company, organization, or other entity:
- Representation and Authority: You confirm that you are authorized to act on behalf of the entity, bind it to this Agreement, and agree to these Terms on its behalf.
- Third-Party Services: If you connect your User Account to a third-party service, you grant us permission to access and use information from that service as permitted by its terms. We may also securely store your login credentials for that service.
Account Responsibilities
Account Usage:
- You may not use another User’s account without explicit permission.
- You are solely responsible for all activity conducted through your User Account and must ensure your password remains secure.
Information Accuracy:
- When creating your User Account, you must provide accurate, complete, and up-to-date information.
- Failure to maintain accurate information may result in restricted access, termination of your account, or breach of this Agreement.
Password Security:
- We encourage you to use strong passwords (a mix of uppercase, lowercase, numbers, and symbols) for added security.
- Notify Ares Assist immediately of any unauthorized access or security breaches involving your User Account. Ares Assist is not liable for losses resulting from unauthorized use of your account.
Communication and Email Notices
- Service-Related Communication:
- By providing your email address, you consent to receiving Service-related notices electronically, including notices required by law. These communications may replace traditional postal mail.
- Marketing and Updates:
- We may use your email address to inform you about updates, new features, or special offers. If you wish to opt-out of non-essential communications, email us at [email protected].
Important: Opting out of non-essential emails may prevent you from receiving notifications about important updates or improvements to the Service.
1.4 Service Rules
To ensure a safe and functional environment for all users, you agree not to engage in any of the following prohibited activities while using the Service:
Prohibited Activities
Unauthorized Access and Distribution:
- Copying, distributing, or disclosing any part of the Service in any medium, including automated or non-automated “scraping.”
- Using unauthorized automated systems (e.g., “robots,” “spiders,” or “offline readers”) to access the Service, except as permitted for public search engine operators.
Excessive or Disruptive Use:
- Sending more request messages to the Ares Assist servers than a human could reasonably produce using a standard web browser.
- Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, at Ares Assist’s sole discretion.
System Integrity and Security:
- Interfering with, compromising, or attempting to decipher any transmissions to or from the servers running the Service.
- Uploading invalid data, viruses, worms, or other harmful software agents through the Service.
Spam and Unsolicited Communications:
- Transmitting spam, chain letters, or other forms of unsolicited email, SMS, or other messages through the Service.
Data Collection and Privacy Violations:
- Collecting, harvesting, or attempting to harvest any personally identifiable information (PII), including account names or other personal information, from the Service.
Misrepresentation and Fraud:
- Impersonating another person or misrepresenting your affiliation with any individual or entity.
- Engaging in fraudulent activity or attempting to hide your identity.
Unauthorized Use of Content:
- Accessing content through unauthorized technologies or methods not provided or approved by Ares Assist.
- Bypassing security measures or restrictions designed to prevent unauthorized access, copying, or use of content on the Service.
Commercial Solicitation:
- Using the Service for any unauthorized commercial solicitation, including promotional activities or advertisements.
Interference with Operations:
- Taking actions that interfere with the proper functioning of the Service, including its infrastructure and user experience.
Permitted Exceptions
Ares Assist grants operators of public search engines revocable permission to use automated systems (e.g., spiders) solely for the purpose of creating publicly available searchable indices of the materials on the Service. This permission excludes the creation of caches or archives of such materials.
Enforcement and Consequences
Violations of these Service Rules may result in:
- Suspension or termination of your User Account.
- Legal action, including claims for damages.
- Restriction of access to the Service or its features.
If you identify or suspect any prohibited activity on the Service, please report it to [email protected].
1.5 Changes to the Service
Ares Assist reserves the right to modify, suspend, or discontinue the Service or any of its features at any time, with or without notice, and without liability to you or any other User. These changes may include, but are not limited to:
- Adjusting or removing features of the Service.
- Imposing or modifying usage limits for the Service.
- Discontinuing the Service entirely.
Suspension or Termination of Access
We may suspend or terminate your access to the Service, permanently or temporarily, at our sole discretion, without prior notice or liability, for any reason or no reason. This includes, but is not limited to:
- Violations of this Agreement.
- Actions that compromise the security or integrity of the Service.
- Any other reason we deem necessary.
Upon termination, you remain bound by the provisions of this Agreement, including all representations, warranties, and indemnifications you have made.
1.6 Disputes with Other Users
You are solely responsible for your interactions with other Users of the Service. Ares Assist:
- Monitoring of Disputes: Reserves the right, but is not obligated, to monitor disputes between Users.
- No Liability: Is not liable for any damages, harm, or disputes arising from your interactions with other Users, including but not limited to:
- User actions or inactions.
- Claims resulting from communications, transactions, or relationships between Users.
If you experience issues with another User, we encourage you to resolve the matter amicably. You may also report inappropriate behavior or violations of this Agreement to [email protected], but Ares Assist assumes no responsibility for intervening or resolving such disputes.
2. Ownership and Intellectual Property Rights
Ares Assist Content
All components of our Service, including but not limited to:
- Software,
- Graphics,
- Images,
- Text,
- Logos,
- Trademarks,
- Copyrights, and
- Any other proprietary information
(collectively referred to as “Ares Assist Content”) are the exclusive property of Ares Assist or its licensors.
By accessing or using the Service, you acknowledge and agree that:
- Ownership Rights: No ownership or proprietary rights are transferred to you.
- Prohibited Use: You are prohibited from using, distributing, modifying, reproducing, or creating derivative works of Ares Assist Content for any purpose not explicitly permitted by this Agreement.
- Unauthorized Use: Any unauthorized use of Ares Assist Content, including for commercial purposes or in violation of this Agreement, is strictly prohibited and may result in legal action.
User Contributions
If you submit ideas, feedback, or suggestions (“Ideas”) to Ares Assist for improving our services, you agree to the following:
- No Compensation or Obligation:
- Ares Assist may use, disclose, or implement your Ideas freely without any obligation to compensate you.
- Pre-Existing or Similar Ideas:
- Ares Assist reserves the right to use similar or related ideas already known, developed internally, or obtained from other sources.
Intellectual Property Protections
- Trademark and Copyright Notices:
- All Ares Assist trademarks, service marks, and copyrights displayed on the Service are protected under applicable intellectual property laws. Unauthorized use or reproduction is a violation of these laws.
- Licensing Limitations:
- Any limited license granted to you under this Agreement does not include rights to copy, distribute, modify, or publicly display Ares Assist Content without explicit written consent.
3. Paid Services
3.1 Payment and Billing
Certain features of the Service require payment. By accessing or using any paid Service, you agree to:
- The applicable pricing and payment terms, which may be updated at Ares Assist’s discretion.
- Notifications of pricing changes, which will be communicated to you in advance.
Ares Assist reserves the right to introduce new services or adjust the pricing of existing services as needed.
3.2 Refund Policy
You may cancel your account or any specific service at any time. However:
- Refund Eligibility: Ares Assist is not obligated to provide refunds for cancellations.
- Discretionary Refunds: Any refunds issued will be at Ares Assist’s sole discretion and on a case-by-case basis.
3.3 Hiring Personal Assistants
You agree not to directly or indirectly solicit, employ, or contract with any personal assistant provided by Ares Assist without prior written consent. If you wish to hire a personal assistant independently:
- Independent Hiring Fee: A fee of $3,000 per assistant will be required, payable within ten (10) days.
- Enforceability: This clause remains effective after the termination of your account or contract with Ares Assist.
3.4 Free Trials
Ares Assist may offer free trials for specific services. By enrolling in a free trial, you agree to the following terms:
- Billing Post-Trial: Unless canceled before the trial period ends, your payment method will be billed on the last day of the trial period.
- Notification: No additional notifications will be provided before the charge.
- Cancellation: To avoid charges, you must cancel the service before the trial concludes.
3.5 Auto-Renewal
All paid services are subject to automatic renewal unless canceled. By subscribing to our services, you authorize:
- Ares Assist or an authorized third-party payment processor to charge recurring fees to your payment method on file.
- Cancellation requests:
- Submit your cancellation request through your account settings or via written notice.
- Cancellation will take effect at the end of the current billing cycle.
3.6 Accurate Payment Information
To ensure uninterrupted service, you must:
- Provide accurate, complete, and up-to-date payment information when purchasing services.
- Cover any charges made using your payment method, including applicable taxes.
Failure to maintain accurate payment information may result in service interruptions or termination of your account.
4. No Professional Advice
The information provided through our Service is for general informational purposes only. It should not be interpreted or relied upon as professional advice, including but not limited to legal, financial, or medical advice. By using the Service, you agree that:
- Risk of Use: Any decisions or actions you take based on the information provided through our Service are at your own risk.
- Consulting Professionals: Ares Assist strongly encourages you to seek advice from qualified professionals for specific issues related to your situation.
5. Security
At Ares Assist, we prioritize the security and confidentiality of your personal information. However, despite implementing industry-standard security measures:
- No Absolute Guarantee: We cannot guarantee complete protection from unauthorized access, data breaches, or misuse of your information.
- Acknowledgment of Risk: By using our Service, you acknowledge and accept the inherent risks associated with sharing personal information online.
- User Responsibility: You are responsible for taking precautions, such as using secure passwords and avoiding sharing sensitive information in unsecured environments.
6. Third-Party Links and Resources
Our Service may include links to third-party websites, services, or content not controlled or operated by Ares Assist. These links are provided solely for your convenience.
Third-Party Interactions
- No Endorsement: Ares Assist does not endorse or assume responsibility for any third-party content, products, or services linked through our Service.
- User Responsibility: Any engagement with third-party websites, advertisers, or promotions is at your own risk, and you agree that:
- Ares Assist is not liable for any damages, losses, or issues arising from these interactions.
- It is your responsibility to review the terms and policies of any third-party site or service.
Advertising and Promotions
Your interactions with advertisers or promotions featured within the Service are solely between you and the advertiser. Ares Assist is not responsible for any issues, disputes, or claims resulting from those dealings.
7. Indemnification
You agree to defend, indemnify, and hold harmless Ares Assist, including its affiliates, employees, officers, and agents, from any and all claims, damages, losses, or expenses (including reasonable legal fees) arising out of or related to:
- Your Use of the Service:
- Any activity or content associated with your account.
- Your violation of this Agreement or any applicable law.
- Third-Party Rights Violations:
- Claims resulting from your infringement or alleged infringement of intellectual property or other rights of a third party.
- Unauthorized Use:
- Acts or omissions of third parties using your account or login credentials, whether authorized by you or not.
Scope of Indemnity
This indemnity obligation also applies to:
- Claims related to your content or actions.
- Any unauthorized use of the Service by a third party.
You agree to cooperate fully with Ares Assist in defending any claim. Ares Assist reserves the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.
8. Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied. By using the Service, you acknowledge and agree that:
General Disclaimers
- No Warranty of Performance: Ares Assist disclaims all express or implied warranties, including but not limited to:
- Implied warranties of merchantability.
- Fitness for a particular purpose.
- Non-infringement of intellectual property rights.
- No Guarantee of Service Quality: We do not warrant that:
- The Service will be uninterrupted, secure, or error-free.
- Any defects will be corrected promptly.
- The Service or its content will meet your expectations.
Assumption of Risk
- You assume full responsibility for any risk associated with:
- Downloading or using materials from the Service.
- The use of any third-party links, products, or services provided through the platform.
- Ares Assist does not guarantee the qualifications, skills, or suitability of personal assistants provided through the Service.
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of implied warranties. If this applies to you, parts of this disclaimer may not apply.
9. Limitation of Liability
To the maximum extent permitted by law, Ares Assist and its affiliates, employees, officers, and licensors are not liable for any damages arising out of your use or inability to use the Service. This includes, but is not limited to:
Types of Damages
- Indirect or Incidental Damages:
- Loss of profits, revenue, or business opportunities.
- Loss of data or goodwill.
- Any intangible losses.
- Special or Consequential Damages:
- Damages resulting from unauthorized access to or use of your personal information.
- Harm caused by viruses, malware, or other harmful components transmitted through the Service.
Liability Cap
Our total liability for any claim, whether in contract, tort, or otherwise, will not exceed:
- The amount you paid for the Service.
- $100, whichever is greater.
Responsibility for Personal Assistants
- No Guarantee of Skills: Ares Assist does not guarantee that personal assistants provided through the Service possess specific skills or meet your requirements.
- User Responsibility: You acknowledge that it is your responsibility to manage and assess the performance of personal assistants.
- Limitation of Accountability: Ares Assist is not liable for:
- Acts or omissions of personal assistants.
- Issues arising from their performance.
Enforceability and Jurisdictional Exceptions
- If any part of this limitation of liability is found unenforceable, the remaining portions will continue to apply.
- Some jurisdictions may not allow the exclusion or limitation of damages. If this applies to you, certain limitations may not apply.
Ares Assist shall not be held liable for any delays or failures in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, cyberattacks, or governmental actions.
Ares Assist disclaims liability for any harm resulting from third-party advertisements, products, or services accessible through the platform.
10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
10.1 Governing Law
This Agreement is governed by the laws of the State of Arizona, without regard to conflict of law principles. By using the Service, you acknowledge and agree that:
- Jurisdictional Basis:
- The Service is operated from Arizona, and using it does not establish personal jurisdiction in any other state or jurisdiction.
- Exclusive Jurisdiction for Certain Claims:
- Claims involving intellectual property rights or requests for injunctive relief will fall under the exclusive jurisdiction of courts located in Scottsdale, Arizona.
- You agree to submit to the jurisdiction of these courts for any such claims.
- Federal Arbitration Act (FAA):
- The FAA governs the interpretation and enforcement of Section 10.2 (Arbitration Agreement).
10.2 Arbitration Agreement
Please read this section carefully, as it requires you to resolve disputes through binding arbitration rather than in court.
This Arbitration Agreement applies to any disputes between you and Ares Assist, including but not limited to those related to:
- This Agreement.
- Your use of the Service.
- Any transactions or interactions with Ares Assist.
Opt-Out Option
- If you are a new user, you may opt out of this Arbitration Agreement within 30 days of accepting these Terms by emailing [email protected] with your name and a statement of intent to opt out.
Informal Resolution
Before initiating arbitration, both parties agree to:
- Attempt to resolve disputes informally by contacting each other.
- Allow up to 60 days for resolution. If a resolution cannot be reached, the dispute may proceed to arbitration.
Arbitration Process
- Conducted by JAMS:
- Disputes will be resolved exclusively through binding arbitration conducted by JAMS in Scottsdale, Arizona, unless both parties agree to an alternative location.
- Rules Governing Arbitration:
- Arbitration will follow the JAMS Comprehensive Arbitration Rules, except where this Arbitration Agreement conflicts with those rules.
- Costs:
- If you are an individual using the Service for personal, non-commercial purposes, you may only be responsible for paying JAMS fees if you cannot obtain a fee waiver.
- Alternatively, you may pursue claims in small claims court if they qualify.
Arbitrator’s Authority
The arbitrator has the exclusive authority to resolve disputes related to:
- The interpretation of this Arbitration Agreement.
- Its enforceability or applicability.
Finality of Arbitration
Arbitration decisions are final and binding, with limited rights of appeal as provided by law.
10.3 Class Action/Jury Trial Waiver
By accepting this Agreement, you waive the following rights:
- Right to a Jury Trial:
- You waive the right to have disputes resolved by a jury.
- Right to Participate in Class Actions:
- All claims must be brought on an individual basis.
- You agree not to participate in any class action, collective proceeding, or representative lawsuit against Ares Assist.
11. Additional Terms for Mobile Applications
11.1 Mobile Applications
Ares Assist provides mobile applications for access to the Service via mobile devices. By using these applications, you agree to the following:
- Applicability of Terms:
- All terms and conditions outlined in this Agreement apply to your use of mobile applications.
- Prohibited Activities:
- You must not modify, reverse engineer, decompile, or distribute the mobile applications.
- Data Usage Charges:
- You are responsible for any additional charges incurred from your wireless provider for data usage or related expenses.
- Updates and Upgrades:
- Ares Assist may issue updates or upgrades to the mobile applications. By using the applications, you consent to receive and use these updates or upgrades.
- Export Laws:
- You agree to comply with all applicable U.S. export laws when using the mobile applications.
11.2 Mobile Applications from Apple App Store
If you access the Service via an application sourced from the Apple App Store, the following terms apply:
- Acknowledgment of Agreement:
- This Agreement is between you and Ares Assist, not Apple.
- Compliance with Apple’s Terms:
- Your use of the Apple-sourced application must comply with the App Store’s Terms of Service.
- Apple’s Limited Responsibility:
- In case of any application failure, Apple’s responsibility is limited to providing a refund for the purchase price (if applicable).
11.3 Mobile Applications from Google Play Store
If you download the Service via the Google Play Store, the following terms apply:
- Acknowledgment of Agreement:
- This Agreement is between you and Ares Assist, not Google.
- Compliance with Google’s Terms:
- Your use of the Google-sourced application must comply with the Google Play Store’s Terms of Service.
12. General
12.1 Assignment
- User Restrictions:
- You may not assign or transfer this Agreement or any rights or obligations under it without Ares Assist’s prior written consent.
- Ares Assist’s Rights:
- Ares Assist reserves the right to assign or transfer this Agreement, including its rights and obligations, without restriction.
12.2 Notifications and Agreement Updates
1. Communication Methods:
Ares Assist may provide notices regarding updates to this Agreement or other important information via:
- Email to the address provided in your account.
- Written notices.
- Notifications within the Service.
2. Responsibility for Updates:
You are responsible for maintaining a valid and current email address to receive notifications.
3. Modification of Terms:
Ares Assist reserves the right to modify or update this Agreement at any time. Continued use of the Service constitutes your acceptance of the updated terms.
12.3 Entire Agreement and Severability
1. Entire Agreement:
- This Agreement constitutes the entire understanding between you and Ares Assist regarding the Service, superseding any prior agreements.
2. Severability:
- If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
12.4 No Waiver
Ares Assist’s failure to enforce any part of this Agreement does not constitute a waiver of its rights to enforce any provision at any time.
12.5 Contact Information
For questions or concerns about this Agreement, please contact us at:
Email: [email protected]
PROMOTIONAL TERMS
1. Overview of the Promotion
The “25 Free VA Hours” promotion offers new clients 25 complimentary virtual assistant hours, distributed over five months, as part of their subscription to Ares Assist’s prepaid plans. These terms and conditions outline the eligibility, usage, and limitations of the promotion.
2. Eligibility
- This promotion is available to new clients only who sign up for a prepaid plan during the promotional period.
- Clients must purchase one of the following prepaid plans to qualify:
- Starter Plan (20 hours/month)
- Pro Plan (50 hours/month)
- Premium Plan (100 hours/month)
- All prepaid plans are eligible.
- Only one promotional offer per client or business.
3. Promotional Period
- The promotion is valid from January 1, 2025, to April 1, 2025, or until 20 clients have signed up, whichever occurs first.
4. Distribution of Free Hours
- Free hours will be distributed as 5 free VA hours per month over a 5-month period.
- Free hours are added to the client’s account with each successful monthly payment for their prepaid plan.
5. Usage of Free Hours
- Free hours must be used within the month they are issued.
- Free hours are exhausted first, meaning any unused paid hours from the client’s plan will roll over according to the standard rollover policy.
- Free hours cannot be transferred to other clients, accounts, or months beyond the promotional period.
6. Plan Modifications or Cancellations
- If a client cancels their subscription, any remaining free hours will be forfeited.
- Clients may upgrade or downgrade their plan during the promotional period and still retain their free hours, as long as there is a successful monthly payment.
7. Abuse and Misuse
- Free hours are tied to successful monthly payments for prepaid hours.
- Ares Assist reserves the right to revoke free hours in cases of suspected abuse or misuse of the promotion.
8. Future Promotions
- After the conclusion of this promotion, a new “10 Free VA Hours” offer will run from April 1, 2025, to July 1, 2025.
- This promotion will operate similarly, with free hours distributed as 2 free hours per month for 5 months, contingent on successful monthly payments.
9. General Terms
- Free hours have no monetary value and cannot be exchanged for cash, credit, or refunds.
- This promotion is subject to Ares Assist’s standard terms and conditions for prepaid plans and service agreements.
- By participating in this promotion, clients agree to these terms and conditions.
