This document regulates the general terms and conditions (hereinafter, the "Terms") that govern the access and use of the HOMERDAPP technological platform (hereinafter, the "Platform"), owned by Homerdapp Service Technology SLU, (hereinafter, "Homerdapp") with NIF B-21818570, and registered office at Avenida del Camino de lo Cortao 14, Portal 6 Planta 0, Puerta H, 28703, San Sebastián de los Reyes, Madrid, registered in the Mercantile Registry of Madrid, S 8, HM 852214, I / A 1
Use of the Platform implies full and unreserved acceptance of these Terms. If the User does not agree, they must refrain from using the Platform.
The Platform: a digital intermediation space managed by Homerdapp, accessible through the website https://homerdapp.com/, and/or a mobile application, intended to serve as a technological meeting point between Clients and Professionals. Within the platform, a series of services predetermined by Homerdapp are offered, which users can choose from or offer.
Homerdapp is a technological intermediation platform that facilitates contact between Clients who require certain services and qualified Professionals who wish to provide them independently. These services are predetermined by Homerdapp.
Homerdapp is NOT a domestic services company, nor a placement agency, nor a temporary employment agency (TEA). Its function is limited to providing the technology that allows Users to find, communicate, and transact with each other.
Homerdapp does not intervene in the setting of prices, schedules, or the manner in which the Services are performed. The Platform does not exercise any power of direction, control, or organization over the activity of the Professionals, who operate with complete autonomy.
The legal relationship between Homerdapp and any Professional registered on the Platform, regardless of their status (self-employed, company, or individual), is strictly commercial in nature, consisting of the provision of a digital intermediation service. Under no circumstances shall an employment relationship be construed between Homerdapp and the Professionals.
The Professional uses the Platform with complete autonomy to offer their services, set their prices, and manage their availability, without being subject to the organization or management of Homerdapp. The nature of the contractual relationship formalized between the Client and the Professional through the Platform will be their exclusive responsibility and jurisdiction, with Homerdapp being a third party outside of said relationship. It will be the sole responsibility of the Client and the Professional to determine the legal nature of their relationship (commercial or employment) and to comply with the legal, tax, and Social Security obligations arising from it. Homerdapp is expressly exonerated from any liability in this regard.
To use the Platform, the User must be of legal age and register for an account. To do so, they must provide true, complete, and up-to-date information. The User is solely responsible for any false or inaccurate information.
It is an essential condition to be a User the acceptance of these terms and conditions, the Homerdapp privacy policy, the Cookies Policy and the Stripe terms and conditions, all of them accessible from the website.https://homerdapp.com/
Registration on the Platform as a Professional is free and open to self-employed entrepreneurs, commercial companies, or individual professionals who wish to offer their services.
In any case, the legal relationship between Homerdapp and any Professional registered on the Platform will be strictly commercial in nature, consisting of the provision of a technological intermediation service. Homerdapp does not intervene in the contractual relationship established between the Client and the Professional; it is the latter's sole responsibility to determine the nature of their relationship and comply with any legal obligations arising from it.
In order to build greater trust in the community, Homerdapp offers an optional and free verification process for professionals who wish to prove their status as self-employed or a business.
To obtain the "Verified Professional" status, the Professional must apply to Homerdapp and provide the following documentation:
Homerdapp will simply verify the accuracy of the data provided, without this process serving as a validation of the Professional's solvency, technical capacity, or quality of services.
All Professionals, whether verified or not, are solely responsible for complying with their tax, employment, and Social Security obligations, and Homerdapp is not liable in this regard.
To register as a customer, the User must provide the following mandatory information (name, surname, email address, and telephone number).
Once the User has registered, a profile will be generated within the Platform and access credentials will be obtained. The User is solely responsible for the safekeeping of their access credentials and for the activity carried out from their account. These credentials are confidential, personal, and non-transferable. Use of the Platform implies full and unreserved acceptance of these Terms. Therefore, the User agrees not to disclose their credentials or make them public or accessible to third parties, and the User remains solely responsible. In the event that these credentials are used for access by third parties, the User will be solely responsible for any statements or actions made on the Platform using their profile.
In order to request and contract a Service through the Platform, it is essential that the Client select a valid payment method, such as a debit or credit card.
If the User provides false, inaccurate, or incomplete information, or if Homerdapp believes there are reasonable grounds to doubt the veracity, integrity, and/or accuracy of such information, it may deny access to and use of the Platform or any of its services.
Homerdapp operates as a digital marketplace that connects Clients with self-employed entrepreneurs, commercial companies, or private professionals who, acting on their own behalf in their relationship with Homerdapp, use the Platform to offer their services to Clients. The process for contracting a Service is carried out entirely through the Platform, following the steps described below:
Search and selection by the Client:The Client begins the process by searching for the type of service they need and indicating the location where it will be provided. The Platform will display the profiles of Professionals who offer that service in the selected geographic area. The Client is free to review the profiles, which include the Professional's description, the services they offer, their rates, their availability schedule, and reviews from other Clients. The selection of a Professional is the Client's sole and independent decision, and Homerdapp does not intervene, recommend, or assign Professionals.
Service Request:Once the Client has selected a Professional, they can proceed to request the service through the Platform, specifying the necessary details. This action constitutes a formal contract offer from the Client to the selected Professional.
Acceptance and perfection of the mandate contract:The Professional will receive the service request and will have a period of [24 hours] to freely accept or reject it, without any penalty for rejection. The Professional's acceptance of the request establishes a mandate contract directly between the Client and the Professional. Homerdapp is not a party to this contract and acts solely as a technological intermediary facilitating the connection.
Compliance with Obligations:From the perfection of the contract, direct obligations arise between the parties:
The Professional is obliged to provide the service under the agreed conditions.
The Client is obliged to pay the price established by the Professional.
Any cancellation or modification of a service already contracted must be managed through the tools that the Platform makes available to Users and will be governed by our cancellation system, described in clause 12.
Professionals who choose to offer their services through the Platform will independently create and manage their public profile. In it, they must select the services they offer from the service categories specified on the Platform to facilitate its usability, the geographic areas where they provide them, their available hours, and the applicable rates for each. Professionals represent and guarantee that all information provided in their profile is truthful, accurate, and up-to-date, and assume sole responsibility for any dispute or claim that may arise from any inaccuracy.
The relationship between the Professional and Homerdapp is strictly commercial in nature and is limited to that of an independent professional using a technological platform to find clients. Under no circumstances shall this be construed as an employment, agency, partnership, or joint venture relationship. Homerdapp does not direct, supervise, or control the Professional's activity, who acts at all times on their own behalf and in their own interest, with complete autonomy to organize their work, decide which services to accept or reject, and determine how to execute them.
Likewise, both Clients and Professionals undertake to ensure a safe and respectful environment for the provision of services.
When the Professional acts as a self-employed person or as a company, he or she will be solely and exclusively responsible for complying with all legal, tax, labor, and Social Security obligations arising from his or her activity, including, but not limited to, his or her registration with the corresponding regimes and the payment of applicable contributions and taxes.
In cases where the service is provided by a private professional who is neither self-employed nor a company, the Client who hires said service will be responsible for registering the Professional with Social Security and complying with the corresponding labor and contribution obligations, in accordance with current regulations.
In all cases, Homerdapp is expressly exonerated from any liability arising from the failure of Clients or Professionals to comply with these obligations.
The Professional is completely free to accept or reject service requests posted on the Platform, without incurring any penalties from Homerdapp. The Professional freely sets his or her own rates for the services he or she provides. Homerdapp may offer statistical data or market-based indicative prices, but these are never binding. The Professional autonomously manages his or her own work schedule and calendar, deciding when to connect to the Platform and what availability he or she offers to Clients. The Professional is responsible for providing his or her own means, tools, and materials for the provision of the Service.
The Professional, as an independent entrepreneur, will organize the provision of the service using their own criteria and resources. This autonomy includes the option for the service to be performed by a substitute or by personnel hired by the Professional, and not necessarily by the individual listed in the profile, provided two conditions are met:
That the Client be informed of this circumstance sufficiently in advance of the provision of the service.
That the Professional assumes full responsibility to the Client for the correct execution of the same, regardless of who actually performs it.
However, when the service is offered by a private professional who is not registered as a self-employed person or company, it must be provided personally by the person listed in the profile, with no possibility of substitution.
Both Clients and Professionals may request the deletion of their Homerdapp account at any time through the section enabled on the Platform. The deletion will be effective once Homerdapp confirms receipt of the request and, where applicable, any outstanding obligations (contracted services, payments, refunds, or invoicing) have been processed.
Homerdapp reserves the right to temporarily suspend or permanently terminate any User who:
Account deletion will result in the loss of access to the Platform and all information linked to it.
Personal data will be processed in accordance with the Homerdapp Privacy Policy, and the legally established retention periods will apply.
The termination of a Professional's membership will not affect any tax or legal obligations arising from services already provided to Clients.
In cases of particularly serious non-compliance, Homerdapp may immediately block the User's access and take legal action to protect its interests or those of third parties.
The financial transaction arising from the provision of the Service occurs exclusively between the Client and the Professional. The Professional is solely responsible for issuing the corresponding receipt or invoice to the Client for the total amount of the Service, in compliance with applicable tax and commercial regulations. Homerdapp is not a party to this contractual relationship or the tax obligations arising from it. To receive payments for their services, the Professional must provide their bank details and, where applicable, the necessary documentation to verify their identity in accordance with the payment provider's policies. Before transferring the amount to the Professional, Homerd will deduct the established commission for the use of the Platform and issue an invoice to the Professional for the amount of the technological intermediation commission agreed upon for their use of the Platform.
To ensure the security and efficiency of transactions, Homerdapp uses the services of a third-party payment service provider: Stripe. Payment processing through the Platform is subject to Stripe's terms, conditions, and privacy policies (Stripe Services Agreement), which the Client and the Professional declare they are aware of and accept when making or receiving payments through Homerdapp. Homerdapp does not store credit card data or sensitive banking information, which is managed directly by the provider.
The payment process for the Service will be as follows:
For its technological intermediation services, which include the use of the Platform, facilitating contact between Users, and managing the payment system, Homerdapp will automatically deduct a commission from the total amount of the Service before releasing it to the Professional. The amount of this commission will be the amount published on the Platform at the time of contracting the Service.
In the event of a Customer's disagreement with the Service provided, which prevents them from providing the confirmation code, the parties must use the mediation channel enabled on the Platform.
Homerdapp will act solely as a facilitator of communication, without acting as an arbitrator or interested party. It will propose possible solutions for an amicable settlement within a maximum of five business days from the date the dispute is opened.
If there is no agreement between the parties after this period, and in order to prevent the funds from remaining indefinitely blocked, the following objective rules will apply:
The execution of this automatic rule will be carried out through the payment system (Stripe), definitively within the scope of the Platform, without prejudice to the parties being able to subsequently resort to extrajudicial dispute resolution mechanisms.
The prices indicated on the platform will include applicable taxes according to the legislation applicable to the place where the service is provided by the Professional.
In addition to the transaction fee applicable to each service, Homerdapp offers Professionals the option to voluntarily and optionally purchase digital products intended to enhance their visibility within the Platform, such as recurring subscriptions and in-app consumables under the name "Boost."
The purchase and payment of these subscriptions and digital products are managed exclusively through the Google Play Store or Apple App Store, in accordance with the terms of use and payment policies of those platforms.
The financial charge arising from these subscriptions or consumables will be billed directly by the corresponding Store to the Professional, with Homerdapp not intervening in the billing process.
Cancellation of a subscription must be done directly from the User's account on the Google Play Store or Apple App Store, as applicable. Simply uninstalling the Homerdapp application does not cancel the subscription, so the Professional will remain obligated to pay until the cancellation is processed on the Store.
Homerdapp cannot manage or cancel subscriptions purchased through the Stores (Google Play Store or Apple App Store), nor refund amounts charged directly by these platforms. Homerdapp may modify the prices of subscriptions offered in the Stores, in which case the modification will be applied by the corresponding Store and will take effect in the next billing period for the subscription, subject to prior notification from the Store in accordance with its policies. Any management, claim, or incident related to billing should be directed directly to the customer service of the corresponding Store.
The Platform provides Clients and Professionals with an internal messaging system exclusively for the exchange of information necessary for the management, organization, and execution of services contracted through Homerdapp.
It is expressly prohibited to use this channel to send unsolicited advertising, bulk messages, spam, or content that is illegal, offensive, defamatory, or contrary to morality or public order, as well as content that includes viruses, malware, or any other content unrelated to the purpose of the service.
Homerdapp does not participate in conversations between Users, but may employ automated detection systems to identify potential misuse of the messaging service. If a violation is detected, messages may be blocked and Homerdapp may review the User's conduct. If a violation is confirmed, the User will be warned, and in the event of a repeat offense, Homerdapp may suspend or terminate their account.
Users may leave reviews about services only when they have actually purchased services through the Platform. Reviews must be truthful, respectful, and based on real experience. They are prohibited from including insults, false statements, or comments that violate these Terms.
Homerdapp does not conduct a pre-screening of reviews before they are published. If a Professional believes a review violates these rules, they may request a review. Homerdapp reserves the right to remove reviews that violate these Terms or applicable regulations and, in cases of repeated violations, to limit or terminate the offending User's access to the Platform.
Homerdapp Users agree to use the Platform diligently, in accordance with current legislation, the principles of good faith, and the provisions of these Terms and Conditions. Each User shall be responsible for their use of their account and for the content they publish or transmit through the Platform. Homerdapp assumes no responsibility for the opinions, comments, statements, or any other type of content generated, published, or transmitted by Users through the Platform. Such Users are solely responsible for any consequences arising therefrom. For illustrative purposes, but not a complete list, Users must:
a. Properly safeguard your access credentials, avoiding sharing them or using insecure passwords that could facilitate unauthorized access.
b. Refrain from using the Platform for illegal purposes or in a manner that may harm the rights or interests of third parties.
c. Do not introduce, transmit, or distribute content that is offensive, defamatory, fraudulent, harassing, discriminatory, or contrary to morality and public order.
d. Do not impersonate other Users or use other people's accounts without authorization.
e. Do not alter or manipulate the operation of the Platform or introduce malicious software (viruses, Trojans, defective files, or others).
f. Respect intellectual and industrial property rights, as well as personal data protection regulations.
g. Do not engage in advertising, promotional, or customer acquisition activities within the Platform without the express consent of Homerdapp.
h. Report any behavior you consider to be contrary to these terms to Homerdapp through the available mechanisms. Homerdapp will review the reported incidents and may take appropriate measures, including suspension or termination of the offending User.
In addition to the above, self-employed or corporate professionals who use the Platform must comply with the following obligations:
i. Be registered with the corresponding Social Security system and comply punctually with their tax obligations.
j. Issue an invoice to the Client for each service provided.
k. Provide their own material and personal resources necessary for the execution of the service.
l. Assume full responsibility for the quality and correct execution of the services they provide.
m. Keep your profile information up to date, including prices, availability, and terms of service provision.
In addition to the above, Clients using the Platform must comply with the following obligations:
n. Ensure that private household workers (cleaning, ironing, care, domestic help, etc.), who are not self-employed or registered, are registered with the Special Regime for Domestic Workers after contracting the service on the platform.
Homerdapp, as owner and manager of the Platform, assumes the following obligations and responsibilities:
o. Maintain the Platform available, under technical conditions of security, accessibility, and correct operation, adopting reasonable measures to prevent failures, interruptions, or unauthorized access.
p. Provide secure payment systems for managing transactions between Clients and Professionals, in collaboration with authorized payment service providers, and may require Users to verify their identity for regulatory compliance purposes (e.g., to prevent money laundering or fraud).
q. Issue the Professional the invoice corresponding to the commission or fee agreed for the use of the Platform, in a clear and transparent manner.
r. Comply with the legal obligations set forth in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), particularly those relating to general information, electronic contracting, and commercial communications.
s. Process the personal data of Users in accordance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 on the Protection of Personal Data and the Guarantee of Digital Rights, adopting the necessary technical and organizational measures to guarantee their security and confidentiality.
t. Act diligently once you become aware of illegal content or content that violates the rights of third parties on the Platform, removing or blocking it in compliance with the LSSI-CE.
u. Provide Users with contact mechanisms to address queries, incidents, or complaints related to the Platform.
v. Refrain from intervening in the contractual relationship between Clients and Professionals, except for what is strictly necessary for the technical management of the Platform or when required by applicable regulations.
Homerdapp acts solely as a technological intermediary connecting Clients and Professionals, without intervening in the material execution of the contracted services. Consequently, Homerdapp does not guarantee or assume any liability for:
The availability, suitability, solvency, experience, training or capacity of the Professionals.
The authenticity, accuracy, or timeliness of the information provided by Professionals in their profiles or advertisements.
Compliance with applicable regulations by Professionals in the development of their activity.
The quality, security, reliability or results of the services contracted between Users.
Homerdapp does not perform any prior verification checks on the identity, background, or qualifications of Professionals, although it may, in exceptional circumstances, apply verification procedures to enhance trust in the Platform. A User's completion of a registration or validation process does not constitute certification or endorsement by Homerdapp.
Clients are advised to exercise due diligence and common sense when selecting a Professional and engaging their services, being aware that Homerdapp does not intervene in the contractual relationship nor can it guarantee its proper conduct.
In any case, Users agree that any action or claim arising from the actions of other Users or third parties must be directed exclusively against said Users or third parties, with Homerdapp exempt from liability.
Homerdapp has no general obligation to monitor User activity on the Platform or to ensure that User use of the Platform complies with these Terms and Conditions.
Likewise, Homerdapp is not responsible for the truthfulness, accuracy, validity, or authenticity of the information provided by Users in their profiles, messages, advertisements, or reviews. Any reference to a "verified" or similar profile only indicates that the User has completed a technical validation procedure. This does not constitute a guarantee, certification, or endorsement by Homerdapp regarding the User's identity, reliability, or suitability.
Users are solely responsible for the data they provide and the statements they make on the Platform. In the event of identity theft, fraudulent use of verified accounts, or the provision of false or incomplete information, Homerdapp will be exonerated from liability for any damages this may cause, and such liability will fall on the offending User.
Without prejudice to the foregoing, Homerdapp reserves the right to limit, suspend, or cancel access to the Platform, as well as to remove content that is illegal, offensive, or violates the rights of third parties, when it becomes aware of such content, all in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce.
Likewise, the provision of content on the Platform by Users will imply the granting to Homerdapp of a non-exclusive, free, and worldwide license to use, reproduce, and distribute said content for purposes related to the promotion of the Platform and the services offered through it.
Cancellation with more than 24 hours' notice → No cost to the Customer.
Cancellation between 24 and 2 hours' notice → The Client will pay the Professional compensation equivalent to 30% of the service price.
Cancellation with less than 2 hours' notice → The Client will pay 100% of the service price.
If the Professional cancels the service with less than 24 hours' notice or fails to appear at the agreed-upon time and place without justification, the Client will be entitled to a full refund of all amounts paid.
In the event of repeated violations, Homerdapp may apply additional measures to the Professional, such as warnings, temporary suspension, or permanent removal from the Platform.
If the Client is not present at the agreed-upon address or location on the date and time established for the service, the Professional will be entitled to receive 100% of the service price, unless both parties expressly agree otherwise.
Homerdapp acts solely as a technological intermediary. The Platform may facilitate the management of cancellations, refunds, and compensation between Users, but assumes no responsibility for the agreements reached or for compliance with the conditions agreed between the Client and Professional.
Homerdapp will process personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018. Homerdapp acts as the data controller for the Platform, while Professionals are responsible for processing their Clients' data within the scope of providing the service.
Homerd may send electronic commercial communications provided it has the recipient's prior consent, in compliance with Article 21 of Law 34/2002. Users may unsubscribe at any time.
Homerdapp is the owner or, where applicable, the legitimate licensee of all intellectual and industrial property rights over the Platform. This includes, but is not limited to, the software, graphic design, source code, databases, text, images, logos, trademarks, trade names, and any other elements comprising it.
Any reproduction, distribution, public communication, transformation, making available, extraction, or reuse of such content in whole or in part is prohibited without the express written authorization of Homerdapp or, where applicable, the corresponding rights holder.
The reproduction, distribution, public communication, transformation or any other form of exploitation of said contents is expressly prohibited without the express written authorization of Homerdapp Service Technology SLU. Access to and use of the Platform does not grant Users any ownership rights over its contents.
Homerdapp may generate and publish its own content on the Platform (texts, images, videos, articles, communication campaigns, promotional or informational materials). Such content will in all cases be the exclusive property of Homerdapp or its licensors, and its use by Users is prohibited without express written authorization.
Professionals are solely and exclusively responsible for the content (text, images, reviews, etc.) they publish on the Platform. In doing so, they guarantee that they hold the necessary rights to such content or have obtained the relevant authorizations, and that such content does not infringe the rights of third parties or any applicable regulations.
Homerdapp Service Technology SLU is exempt from any liability arising from content published by Users, who assume full responsibility for any claim or damage that may arise from such content.
By publishing content on the Platform, the User grants Homerdapp a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, and publicly communicate such content for the sole and exclusive purposes of: a) Operating, maintaining, and improving the Platform's services; b) Promoting the Platform and Professional profiles through its communication channels and marketing campaigns.
This license is granted solely for the purposes described and will remain in effect as long as the content remains published on the Platform.
Homerdapp does not exercise prior editorial control over user-generated content. Its role is merely that of a technological intermediary.
However, in compliance with its legal obligations, Homerdapp reserves the right to remove or disable access to any content that, once published, it has actual knowledge is manifestly unlawful or violates the property or rights of third parties.
To this end, Homerdapp will enable a notification and removal channel for illegal content, accessible to anyone, and will act with due diligence to respond to requests received. The removal of content under this procedure will not, under any circumstances, imply an acknowledgment of liability on the part of Homerdapp, but rather compliance with its duty of care as an intermediary service provider, in accordance with the provisions of Law 34/2002, of July 11, on information society services and electronic commerce.
Homerdapp has official complaint forms, both electronic and physical, available to consumers upon request, in accordance with the consumer regulations applicable in Spain.
Users may request them via email atencioncliente[@]homerdapp.com or at the postal address of the company's registered office.
If any of the clauses included in these Terms and Conditions are declared, in whole or in part, void or voidable, such declaration shall affect only the provision in question. The remaining clauses of the agreement shall remain in full force and effect.
The clause declared void will be deemed not to have been included, and it is understood that the remainder of the contract may continue to exist without it, in application of the principle of preservation of the legal transaction.
The relationship between Homerdapp and Users, as well as the interpretation and execution of these Terms and Conditions, shall be governed and construed in all respects in accordance with Spanish law.
In the event that the User is a consumer, disputes will be submitted to the Courts and Tribunals of the consumer's domicile, in accordance with article 90.2 TRLGDCU.
In all other cases, the parties agree to submit to the Courts and Tribunals of the city of Madrid, expressly waiving any other jurisdiction that may apply.
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