Last Update: November 2020

Welcome to ProCharm.me

The following terms of service (these “Terms of Service”), govern your access to and use of the ProCharm website and mobile application, including any content, functionality and services offered on or through www.procharm.me or the ProCharm mobile application (the “ProCharmMe”) by Wisdom Logic LLC are collectively referred hereto as “ProCharmMe” “we” or “us” and “you” or “user” means you as an user of the ProCharmMe.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, ProCharm Payment Terms, found here (“Payment Terms”), and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the ProCharm App. By using this Site or App, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site or App.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

Key Terms
Sellers (referred as “Pros”, Professional) are users who offer their services (referred as “ProCharms”) on ProCharmMe.

Buyers are users who purchase services on the ProCharmMe.

Enrolling is the process of buyer purchasing or ordering Pro’s services

Overview (Main terms, in a nutshell)

Only registered users may buy and sell on ProCharmMe. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.

Pros will register service offerings (ProCharms) on ProCharmMe.

Buyers will enroll or purchase or order ProCharms (see Payment Terms).

Buyers can search their specific ProCharms on ProCharmMe.

ProCharms are purchased through the Enroll button found on ProCharmMe.

For fees and payments please read the Payment Terms.

Pros must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Pros’ reputation and status.

Pros gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits.

Users may not offer or accept payments using any method other than placing an order through ProCharmMe.

When purchasing a ProCharm, Buyers are granted all rights for the delivered work, unless otherwise specified by the Pro on his offering. 

ProCharmMe retains the right to use all published delivered works for marketing and promotion purposes.

We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

SELLERS or PROS

Basics

Pros create their offerings called ProCharms on ProCharmMe to allow Buyers to purchase their services.

Pros may also offer Custom Offers to Buyers in addition to their registered ProCharms.

Before creating ProCharms, they need to set their ProCharmMe calendar availability dedicated to ProCharmMe services.

Buyers orders or enrollments for registered ProCharms are automatically accepted based on your calendar availability (Use settings in the ProCharmMe). It is important that Pros keep their ProCharmMe calendar up to date. Pros can set temporary unavailabilities such as appointments on the calendar. 

On scheduled time slot (Date and Time), session status will be updated as “Started”.

Once session is started, Pro can start information exchange with Buyer via chat and/or video.

Session status automatically updated as “Completed” once the session is successfully completed or after 24 hours of the start time.

Each ProCharms you sell and successfully complete, accredits Pro’s account with a revenue equal to 80% of the purchase amount.

ProCharmMe accredits Pro once an order is completed. See our “Orders” section below for a definition of a completed order.

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

Pros can not promote their ProCharms on any others marketing platforms.

The Pro’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Pros to obtain advanced Pro levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Pro’s abilities.

For security concerns, ProCharmMe may temporarily disable a Pro’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple ProCharmMe accounts to a single withdrawal provider.

Pros are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

ProCharms

Pros are allowed to register a select amount of ProCharms based on their Level status.

ProCharms created on ProCharmMe are “User Generated Content” (see section below).

ProCharms and/or users may be removed from ProCharmMe for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:

Illegal or Fraudulent services

Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service 

Adult oriented services, Pornographic, Inappropriate/Obscene

Intentional copies of ProCharms

Spam, nonsense, or violent or deceptive ProCharms

ProCharms misleading to Buyers or others

Reselling of regulated goods

Offering to prepare academic works on behalf of Buyers

Exceedingly low quality ProCharms

Promoting ProCharmMe and/or ProCharms through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

ProCharms that are removed for violations mentioned above, may result in the suspension of the Pros’ account.

ProCharms that are removed for violations are not eligible to be restored or edited.

ProCharms may be removed from our Search feature due to poor performance and/or user misconduct.

ProCharms may include pre-approved website URLs contained within the ProCharm description and requirements box. ProCharms containing websites promoting content, which violates ProCharmMe‘s terms of service will be removed.

ProCharms are required to have an appropriate image related to the service offered. Pros must deliver the same quality of service as shown on their ProCharm images. Recurring deliveries that don’t match the quality shown on the ProCharm images may lead to the Pros’ account losing status or becoming permanently disabled.

ProCharm may contain an approved video uploaded through the ProCharmMe.

Statements on the ProCharm Page that undermine or circumvent these Terms of Service is prohibited.

Eligible ProCharms in select Categories may set up as Packages to offer their services in structured formats with multiple price points for the selected ProCharms.

Certain categories are available only to higher level Pros to create ProCharms. If you are not a higher level Pro, creating a ProCharm for services available to higher level Pro only may result in removal of your ProCharm.

Levels

ProCharmMe is all about helping Pros leverage their skills. We seek to empower top performing Pros with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, ProCharmMe may reward them with new statuses, special opportunities, benefits, and tools that come with it.

Pros can gain account Levels based on their activity, performance and reputation. 

Advancement in Levels are updated periodically by an automated system.

The current Levels a Pro can achieve are, Level 1, 2, 3, 4 and 5.

Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, missed deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.

Advanced levels provide their owners with additional benefits, including offering ProCharms for higher prices, or selling ProCharms in multiples.

Top Rated Pros

Levels of Pros are chosen manually by the ProCharmMe through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Higher Level Sellers gain access to more extensive features than previous levels.

Higher Pro Level eligibility is constantly evaluated by ProCharmMe to ensure that the quality standards and expectations of the Higher Level selection is kept. ProCharmMe retains the right to change a Higher Level Pro status in light of such evaluation. In addition, Higher Level Pros who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Top Rated status and the benefits that come with it.

Pros

Pros are pre-verified professionals who undergo a vetting process by ProCharmMe. Pros can register their ProCharms provided they are a verified by ProCharmMe. Pro can submit their experience letters, certificates and references via ProCharmMe.  

Pros eligibility is constantly evaluated by ProCharmMe to ensure that the quality standards and expectations of the Expert Pro selection is kept. ProCharmMe retains the right to change Pro status in light of such evaluation. In addition, Pros who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Expert status and the benefits that come with it.

BUYERS

Basics

You may not offer direct payments to Pros using payment systems outside of ProCharmMe.

Buyer can search specific ProCharm using search feature in ProCharmMe or navigate through the category.

Buyer can select the ProCharm and Enroll. User will able to pick the available slot/s (Date and Time) for the Pro and make the payment.

Enrollment is automatically accepted by Pro.

On scheduled time slot (Date and Time), session status will be updated as “Started”.

Once session is started, Buyer can start information exchange with Pro via chat and/or video.

Session status automatically updated as “Completed” once the session is successfully completed or after 24 hours of the start time.

ProCharmMe retains the right to use all publicly published delivered works for ProCharmMe marketing and promotional purposes.

Buyers may request a specific service from the Post a Request Service. Services requested on ProCharmMe must be an allowed service on ProCharmMe. Please see section “ProCharms” for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on ProCharmMe.

Purchasing

Please refer to the Payment Terms for making Payments through ProCharmMe and to learn about fees and taxes.

In addition, Buyers can request a Custom ProCharm which addresses specific Buyer requirements, and receive a Custom Offer from Pros through ProCharmMe.

You may not offer Pros to pay, or make payment using any method other than through ProCharmMe. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

ORDERS

Basics

Buyer enrollment or order is created once payment is confirmed (Payment Terms).

Pro must satisfy or meet the requirements stated in the Buyer enrolled ProCharm. 

Completion of enrolled ProCharm may not be abused by Pros to circumvent Order guidelines described in these Terms of Service. Using the “Complete Work” button will indicate that you fulfilled the enrollment. Unfulfilled enrollment will result in a cancellation of that Order, which will affect the Seller’s rating and result in a warning to Pro.

An Enrollment is marked as Complete after it is marked as Complete Work and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted within 24 hours after the scheduled start time.

We encourage our Buyers and Pros to try and settle conflicts amongst themselves. If for any reason this fails, please contact us. 

Reviews

Feedback reviews provided by Buyers while completing an Enrollment or Order are an essential part of ProCharmMe‘s rating system. Reviews demonstrate the Buyer’s overall experience with the Pros and their ProCharms. Buyers are encouraged to communicate to the Pro any concerns experienced during their active scheduled session.

Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.

To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through ProCharmMe from users within our Community. Purchases arranged, determined to artificially enhance Pro ratings, or to abuse ProCharmMe with purchases from additional accounts, will result in a permanent suspension of all related accounts.

Feedback comments given by Buyers are publicly displayed on ProCharmMe.

Work Samples can be delivered images and videos to a Buyer in a delivery message. 

Withholding the delivery of services, files, or information required to complete the ProCharm with the intent to gain favorable reviews or additional services is prohibited.

Responding and posting a review: Once work is delivered, the Buyer has 24 hours to respond. If no response is provided within the response period, the Order will be considered completed.

Users are allowed to leave reviews on Orders up to 10 days after an Enrollment is marked as complete. No new reviews may be added to an Order after 10 days.

Pros may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

User Conduct and Protection

ProCharmMe enables people around the world to create, share, sell and enroll nearly any ProCharms they need at an unbeatable value. ProCharmMe maintains a friendly, community spirited, and professional environment. Users should keep that spirit while participating in any activity or extensions of ProCharmMe. This section relates to the expected conduct users should adhere to while interacting with each other on ProCharmMe.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact us.

Basics

To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of ProCharmMe in order to circumvent or abuse ProCharmMe messaging system is not permitted.

Any necessary exchange of personal information required to continue a service may be exchanged within scheduled session.

ProCharmMe does not provide any guarantee of the level of service offered to Buyers. 

ProCharmMe does not provide protection for users who interact outside of ProCharmMe.

All information and file exchanges must be performed exclusively on ProCharmMe.

Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

ProCharmMe is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

Users may not submit proposals or solicit parties introduced through ProCharmMe to contract, engage with, or pay outside of ProCharmMe.

Orders

Users with the intention to defame competing Pros by ordering from competing ProCharms will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.

Users are to refrain from spamming or soliciting previous Buyers or Pros to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Pro statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – ProCharmMe does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on ProCharmMe should be friendly, constructive, and professional. ProCharmMe condemns bullying, harassment, and hate speech towards others. 

Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their registered or enrolled ProCharms.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Pro further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of ProCharmMe will not be protected by our Terms of Service.

Authentic Profile – You may not create a false identity on ProCharmMe, misrepresent your identity, create a profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. ProCharmMe reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – ProCharmMe will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use ProCharmMe for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active ProCharmMe account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the ProCharmMe community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Terms of Service and/or our standards is a cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on ProCharmMe. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell ProCharmMe accounts.

Feedback Rights

To the extent that you provide ProCharmMe with any comments, suggestions or other feedback regarding ProCharmMe or the Site as a whole, as well as other ProCharm products or services (collective, the “Feedback”), you will be deemed to have granted ProCharmMe an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. ProCharmMe is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Pros should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Pros for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

ProCharmMe reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or standards or due to any illegal or inappropriate use of the Site or services.

Violation of the ProCharmMe‘s  Terms of Service may get your account disabled permanently.

Users with disabled accounts will not be able to sell or buy on ProCharmMe.

Users who have violated our Terms of Service or standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

Users have the option to enable account Security features to protect their account from any unauthorized usage.

Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

ProCharmMe may make changes to its Terms of Service from time to time. When these changes are made, ProCharmMe will make a new copy of the terms of service available on this page.

You understand and agree that if you use ProCharmMe after the date on which the Terms of Service have changed, ProCharmMe will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to ProCharmMe by our users (Buyers and Pros) is User Generated Content. ProCharmMe does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, ProCharmMe, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, ProCharmMe is not responsible for the content, quality or the level of service provided by the Pros (even if they are Expert Pro, Top Rated Pros,  or otherwise). We provide no warranty with respect to the ProCharms offered, their delivery, any communications between Buyers and Pros. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate ProCharms.

By offering a ProCharm service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on ProCharmMe. Pros advertising online their ProCharms must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may lead to the suspension of Pro’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When purchasing a ProCharm on ProCharmMe, unless clearly stated otherwise on the ProCharm’s page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Pro, and the Pro waives any and all moral rights therein. Accordingly, the Pro expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the ProCharm, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work, the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Pro agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. 

Furthermore, users (both Buyers and Pros) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to ProCharmMe, including ProCharm texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by ProCharm for no consideration for marketing and/or other purposes