1. Terms Applicability

Welcome to Pelly, offered by Pelly Inc. (“Pelly,” “we,” or “us”). These Terms of Service (the “Terms”) govern your access to and use of our property and asset management, communication, and service marketplace platform, as made available via mobile app or web app (the “Platform”); our websites, including http://getpelly.com and its subdomains, and any blogs, community forums or other discussion or information websites (collectively, the “Site”); and any other services, products, and sites we may offer from time to time (together with the Platform and the Site, collectively the “Services”). Users of the Services are referred to in these Terms as “users,” “you,” and “yours”.

If you use our Services on behalf of another person or entity, (a) all references to "you" throughout the Terms will include that person or entity, (b) you represent that you are authorized to accept the Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates the Terms, the person or entity agrees to be responsible to us.

By accessing or using the Services, or by clicking a button or checking a box marked “I Agree” (or similar), you confirm that you have read, understood, and agree to be bound by these Terms, and that you have read, understand, and acknowledge our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

UNLESS YOU OPT-OUT, THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING LEGAL@GETPELLY.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

2. Eligibility

You must be at least 18 years of age to use our Services. By accessing or using the Services, you represent to us that you are the age of 18 or older (or the age of majority in your jurisdiction, whichever is older) and that you are fully able and competent to enter into these Terms.

3. Changes to these Terms

We may update or otherwise modify these Terms from time to time. If we make material changes, we will post the updated Terms on this page with a “Last Updated” effective date of the revisions. Your continued use of the Services after an update will constitute acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

4. Pelly Intellectual Property Rights & Limited License

The Services, including the design, text, graphics, images, data, software, source code, and other content contained therein (and their selection, arrangement, and presentation), are owned by Pelly or our licensors and are protected by law, including copyright and trademark law. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Pelly may freely use and incorporate into the Services any suggestions, comments, or other feedback you provide regarding the Services or Pelly without restriction or payment of any kind to you.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for their intended purpose and for no other purpose.

5. Your Content

You hereby grant Pelly a non-exclusive, worldwide, sublicensable, royalty-free right and license to use, host, reproduce, modify, transmit, and make derivative works of any any nonpublic data captured through the Services, or otherwise made available to Pelly, by or on behalf of you or an Authorized User (as defined below) (collectively, “Customer Content”) (a) for the purpose of hosting, operating, improving and providing the Services and Pelly’s other current and future products, services and technologies; and (b) on a perpetual basis, for purposes of developing and deriving Aggregate Data. Subject to the foregoing, you have and retain ownership of Customer Content, and any intellectual property rights therein. “Aggregate Data” means any data that is derived or aggregated in deidentified form from (i) any Customer Content, or (ii) your and/or your Authorized Users’ use of the Services, including, without limitation, any usage data or trends with respect to the Services.

The Services may include functionality to enable you and your Authorized Users to upload comments, feedback, or other public-facing content ("User Generated Content"). By contributing User Generated Content to any of the Services, you understand and acknowledge that this information is available to the public and you hereby grant Pelly (on your behalf and on behalf of your Authorized Users) a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license to reproduce, distribute, perform and display, create derivative works of, adapt, modify and otherwise use and exploit such User Generated Content for any purpose (including promotional purposes, such as testimonials).

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that the Customer Content and User Generated Content does not violate any applicable law or any right of any third party.

6. Account Creation and Security; Authorized Users

To access certain parts of the Services, you must create an account with us. To create an account, you will be required to provide us with certain personal information (as described in our Privacy Policy). You agree that the information that you provide to us during account creation in your use of the Services is accurate and that you will keep it accurate, current, and complete. The Services may allow you to associate multiple roles or organizations within a single account or, as an administrator, to issue accounts to Authorized Users. “Authorized User” means any natural person who is your employee or contractor and who: (a) you authorize to use the Services; and (b) receives an account issued by you to use the Services. You may not transfer or share your account password with anyone or otherwise create more than one account with Pelly.

You will not permit any person or entity other than your Authorized Users to access, use or operate the Services. You are fully and directly responsible to Pelly for: (a) any act or omission by each such Authorized User in connection with the Authorized User’s use of the Services; and (b) any use of the Services through your account, whether authorized or unauthorized. You will use, and will require all Authorized Users to use all reasonable means to secure usernames and passwords, hardware and software used to access the Services, and will promptly notify us if you or any Authorized User knows or reasonably suspects that any user name and password has been compromised. Each account for access to and use of the Services may only be accessed and used by the specific Authorized User for whom such account is created.

You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account, which includes the accounts of any Authorized Users issued by you. You also agree to promptly notify us of any unauthorized use of your or any Authorized User’s username, password or any other breach of security that you become aware of involving or relating to the Services by contacting us at support@getpelly.com. We reserve the right to take any and all action, as we deem necessary or reasonable, regarding the security of the Services and your account information.

7. Your Use of the Services

In your use of the Services, you agree (including on behalf of your Authorized Users):

• to only use the Services in a lawful manner and only for its intended purposes;

• to keep your account secured, and not share your account credentials or otherwise allow unauthorized access to your account;

• not to copy, publish, display, publicly perform, or distribute any portion of the Services, including reproduction on any computer network or broadcast or publication media;

• not to resell or make commercial use of the Services, nor to use or access the Services to build a similar or competitive product or service;

• not to reverse engineer, disassemble, make derivative uses of the Services, or otherwise attempt to create or derive the source code underlying the Services;

• not to use, frame or utilize framing techniques to embed any trademark, logo or other proprietary information of Pelly;

• not to express or imply that any statements you make are endorsed by us;

• not to use the Services or any of our systems or servers to infringe on any intellectual property rights, or other proprietary rights, including, but not limited to, trademark, copyright, patent, and trade-secret rights;

• not to violate or breach in any way the security of Services, or networks or systems operated or provided by us, including but not limited to disseminating or planting viruses, causing a denial-of-service attack which interferes with access by individuals, retrieving personal or proprietary information, or causing the transmission of any other program, information, code or command that may damage the integrity or availability of data, a program, a system or information. Such intrusions may result in criminal or civil liability.

• that any information you submit to Pelly or through the Services (including but not limited to your contact information, Customer Content, and any User Generated Content) will be accurate, current and truthful to the best of your knowledge;

• not to interfere with our provision of, or any other user’s use or enjoyment of, the Services;

• not to engage or participate in communications or conduct of an abusive, pornographic, lewd, obscene, harassing, fraudulent, or unlawful nature while using the Services;

• not to use the Services to transmit “spam” or other unauthorized commercial communications.

8. Vendor Marketplace

Pelly offers an online services marketplace (the “Marketplace”) through which property residents or owners (“Requesters”) can find, interact with, and book services (“Marketplace Services”) with third-party vendors (“Third-Party Vendors”). Your use of the Marketplace as a Requester or Third-Party Vendor is subject to the terms set forth in Appendix 1, and any other terms agreed to between you and Pelly.

9. Subscription & Fees

When you sign up for a paid subscription for Pelly, you will be enrolled in a plan that automatically renews for equivalent periods (each, a “Subscription Period”) until your subscription is cancelled or terminated. You may cancel, upgrade, or downgrade your subscription at any time through your account. Cancellation or downgrades of a paid subscription will take effect at the end of the current Subscription Period. Upgrades to a paid subscription will take effect immediately.

You authorize your payment method to be charged at the beginning of each Subscription Period for the fees applicable to your subscription type, including any applicable taxes (the “Fees”). You are responsible for providing a valid payment method and keeping your payment method up-to-date. If your Fees are not fully paid when due, we may suspend or terminate your subscription until all amounts are received. Further, if Pelly is unable to collect the Fees owed to us, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees.

Unless expressly stated otherwise, all Fees are non-refundable, including for partial use of the Services or any credits. You may not set off, discount or otherwise reduce or refuse to pay any amounts due to Pelly under these Terms. You are responsible for all sales, use, ad valorem or other taxes on any amount payable by you to Pelly hereunder, other than any taxes imposed on Pelly’s income.

10. Payment Processing

Payments on the Services are processed by our third-party payment processor and are subject to its associated terms, conditions, and policies. We currently use Stripe as our primary third-party payment processor. Payment processing by Stripe is subject to the Stripes Services Agreement, available at https://stripe.com/legal/ssa.

11. Suspension & Termination

We reserve the right (a) to immediately and without notice suspend or terminate your or any Authorized User’s access to or use of the Services if we reasonably believe that you or any Authorized Users have violated these Terms, that your or any Authorized User’s conduct on or use of the Services is inappropriate, unsafe, or dishonest, or that your suspension or termination is necessary to protect Pelly, its users, or the public and (b) to modify the Services or to suspend or stop providing all or portions of the Services at any time, to the extent permitted by law. You also have the right to stop using the Services at any time. We are not responsible for any loss or harm related to your inability to access or use the Services.

12. Privacy

Our collection and use of your personal information via the Services is described in our Privacy Policy. By accessing or using the Services, you acknowledge that you have read and understand the Privacy Policy, as updated from time to time.

13. Communications

When you use the Services or send emails to us, you are communicating with us electronically. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, "Communications") through electronic means including but not limited to: (1) by email, using the email address that you provided to us related to your account, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration (subject to the next paragraph), (3) push notifications on your mobile device, or (4) by posting the Communications on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your account. You can opt-out of future Communications through SMS text message by replying “STOP,” or emailing us at support@getpelly.com.

By agreeing to these Terms, you consent to receive from us or on behalf of us communications containing service-related information (including technical notices, updates, security alerts and support and administrative messages), and/or sales, marketing, or advertising messages, by autodialed, prerecorded, or artificial voice calls or SMS, text messages, email, over-the-top messaging platforms, and other electronic means, at any phone number or email address you provide to us, even if your phone number is on the national or any state’s do-not-call registry. Your carrier's normal messaging, data and other rates and fees may apply to these communications. You are not required to provide this consent to receive autodialed sales, marketing, or advertising messages as a condition of purchasing anything or using the Services, and you may opt-out of receiving such messages at any time as described in our Privacy Policy (though you may continue to receive messages while we process your request).

14. Copyright Infringement

Pelly follows the procedures of the Digital Millennium Copyright Act of 1998 by providing recourse for copyright owners who believe that material appearing on the internet infringes their rights under US copyright law. If you believe in good faith that materials available on our Services infringe your copyright, you or your agent may send us a written notice by mail or e-mail, requesting that we remove such material or block access to it. See http://www.copyright.gov for details. Notices must be sent in writing to:

Pelly Inc.

4412 California Ave SW #16594

Seattle, WA 98116

Attn: Legal

Email: legal@getpelly.com

15. Indemnification

You agree to indemnify, defend, and hold harmless Pelly and our affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys' fees) arising out of or relating to your access to or use of, or activities in connection with, the Services, including any disputes with any other user(s).

16. Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND PELLY MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU OR TO ANY OTHER PARTY REGARDING THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PELLY HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PELLY DISCLAIMS ANY AND ALL WARRANTIES OF QUIET ENJOYMENT, PERFORMANCE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PELLY DISCLAIMS ANY WARRANTY THAT STATES THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, BUG-FREE OR UNINTERRUPTED. PELLY’S ONLY OBLIGATIONS WITH RESPECT TO THE SERVICES ARE EXPRESSLY STATED IN THESE TERMS. PELLY DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO, PELLY’S EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, OR REPRESENTATIVES, TO MAKE WARRANTIES OF ANY KIND ON PELLY’S BEHALF. DUE TO THE NATURE OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING, AI-GENERATED CONTENT MAY BE INCORRECT OR INACCURATE. BY USING THE SERVICES TO GENERATE AI-GENERATED CONTENT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM YOUR RELIANCE ON SUCH CONTENT.

17. Limitation of Liability

Pelly will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use of data, loss of other intangibles, or loss of security of submitted materials (including unauthorized interception by third parties of any submitted materials). Without limiting the foregoing, Pelly will not be liable for damages of any kind resulting from your use of or inability to use the Services or from any third party materials, including from any virus that may be transmitted in connection therewith. All disclaimers of warranties and limitations on liability apply even if the damages are foreseeable or said to be possible, and apply to any negligence claim that does not involve willful misconduct or intentional misconduct no matter how that claim is styled or upon what legal grounds it is based. Pelly will be liable for no more than the amount of direct damages to your person or your property.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages, and some or all of the above disclaimers, exclusions or limitations may not apply to you.

18. Third Party Content or Platforms

The Services may make available or provide links to third party websites, content, or information, or may be provided through third-party websites or platforms (“Third Party Content or Platforms”). Pelly does not control, and is not responsible for, any Third Party Content or Platforms, and the availability of any Third Party Content or Platforms via, or as a channel for, the Services does not imply endorsement of, or affiliation with, the provider of such Third Party Content or Platform. Pelly is not responsible for the accuracy, completeness, or timeliness of any content or information provided by Third Party Content or Platforms. Your use of any Third Party Content or Platforms is at your own risk.

19. Arbitration; Class Action Waiver; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT DESCRIBES HOW DISPUTES BETWEEN US WILL BE RESOLVED.

(a) Arbitration Agreement. For any dispute with Pelly, you agree to first contact us at legal@getpelly.com and attempt to resolve the dispute with us informally. In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Arbitration Association (“AAA”).

(b) Arbitration Procedure.

1. You and Pelly agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by you, one (1) arbitrator is selected by Pelly, and the third (3rd) arbitrator is selected by mutual consent of you and Pelly. If you and Pelly cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.
2. The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
3. Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.

(c) Cost of Arbitration. Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. In all cases where required by law, Pelly will pay the arbitrator's and arbitration fees. If under applicable law Pelly is not required to pay all of the arbitrator's and/or arbitration fees, such fee(s) will be apportioned between the parties in accordance with said applicable law. Any disputes regarding whether Pelly is required to pay the arbitrator’s and arbitration fees and/or how those fees are to be apportioned between the parties will be resolved by the arbitrator.

(d) Exceptions to Agreement to Arbitrate. Pelly may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

(e) YOU MAY ONLY RESOLVE DISPUTES WITH PELLY ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND PELLY EACH WAIVE ANY RIGHT TO A JURY TRIAL.

(f) Opt-Out of Alternative Dispute Resolution Process. Notwithstanding the above, you can decline or “opt out” of the alternative dispute resolution process described above by contacting legal@getpelly.com within 30 days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process.

1. YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
2. If you opt out of the dispute resolution process described in this section of if this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Seattle, Washington, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and Pelly agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and Pelly waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Pelly may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

20. Governing Law

These Terms, and any dispute between you and Pelly, will be governed by the laws of the State of Washington and applicable U.S. federal law, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement in Section 19 (the “Arbitration Agreement”). Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement does not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Pelly must be resolved exclusively by a state or federal court located in the State of Washington, and you agree to submit to the personal jurisdiction of the courts located within Seattle, Washington for the purpose of litigating all such claims or disputes.

21. General Provisions

If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The respective indemnities, representation and warranties, and our rights under these Terms will survive any termination of these Terms. To the maximum extent possible under applicable local law, these Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

22. Contact Information

If you have any questions about these Terms, you can reach us at support@getpelly.com. You may also contact us at Pelly Inc., 4412 California Ave SW #16594, Seattle, WA 98116.

Appendix 1: Vendor Marketplace Terms

Your use of the Marketplace as a Requester or Third-Party Vendor is subject to the terms set forth below, and any other terms agreed to between you and Pelly.

1. Disclaimers and Limitation of Liability

PELLY DOES NOT PROVIDE THE MARKETPLACE SERVICES. Third-Party Vendors are not under our direction or control, and they determine how to provide Marketplace Services in their own discretion. We make no representations or warranties about the quality of the Marketplace Services, or about your interactions and dealings with Third-Party Vendors or other users. Ratings and reviews of any Third-Party Vendor displayed on the Services reflect the opinions of other users, and do not reflect or represent Pelly’s opinions or representations.

Pelly does not screen Requesters. Pelly verifies a Third-Party Vendor’s state business license solely at the time the Third-Party Vendor registers its account with Pelly. This verification is for your convenience only. REQUESTERS AND THIRD-PARTY VENDORS ARE RESPONSIBLE FOR USING THEIR INDEPENDENT JUDGMENT BEFORE ENGAGING WITH OR ENTERING INTO ANY TRANSACTION VIA THE MARKETPLACE.

Pelly has no liability for any claims, injuries, loss, harm and/or damages (which may include bodily injury, death, or property damage) arising from and/or in any way related to the Marketplace Services, including the acts and/or omissions of Third-Party Vendors and Residents, whether online or offline, and any ratings or reviews of other users. You acknowledge and agree that, to the maximum extent permitted by applicable law, YOUR USE AND/OR PROVISION OF MARKETPLACE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.

2. Bids and Requests to Book

As a Requester, you agree to pay for the Marketplace Services you obtain when you request to book or create a bid (each, a “Request”). Third-Party Vendors are not obligated to accept your (or any) Request and may decline for any reason. As a Third-Party Vendor, you agree to honor the price and other terms presented when you accept the Request.

3. Payments

Pelly will (through a third-party payment processor on Pelly’s behalf) verify the Requester’s payment method at the time of booking. After the applicable Marketplace Services have been marked as “Complete” by the Third-Party Vendor, Pelly (or a third-party payment processor on our behalf) will charge the Requester’s payment method on file and disburse the fees to the Third-Party Vendor.

When you make a Request, you authorize Pelly (or a third-party payment processor on our behalf) to charge any on-file credit card, debit card, or other previously approved methods of payment for costs, fees, expenses or applicable taxes related to the Request. Where required by law, the amount charged will be inclusive of applicable taxes. Depending on the transaction you selected or services requested, Pelly may charge you on a one-time or recurring basis. You agree to keep all information that you provide in connection with a booking up-to-date, accurate, and complete. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Pelly at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester’s credit card for an ordered or completed Request. Except as expressly provided in these Terms, all fees paid via the Marketplace are non-refundable once paid. You are solely responsible to pay any applicable taxes that arise as a result of your purchase or provision of Marketplace Services, except for taxes on Pelly’s income.

You agree to indemnify Pelly for, and agree that we may charge your credit card or other payment method for, any additional costs and expenses we incur as a result of any late fees or additional charges incurred with the Third-Party Vendor.

4. Service Fees

We charge service fees for some aspects of the Marketplace. Except as specified otherwise, our service fee is calculated as a percentage of the fees (including applicable taxes) a Requester agrees to pay and is collected for the applicable Marketplace Service.

5. Refunds and Cancellations

Refunds and cancellations are subject to the rules and policies of each Third-Party Vendor. Any and all payment disputes are between the applicable Requester and Third-Party Vendor. Pelly has no obligation to mediate or facilitate any resolution. Pelly may, in our reasonable discretion, cancel a Request and/or issue a full or partial refund to a Requester if we determine that the Third-Party Vendor has failed to provide the Marketplace Services as agreed with the Requester or is otherwise in breach of the Terms.