General Terms and Conditions JP / JuanPescador
Last updated: 01-08-2025 These general terms and conditions apply to the use of the websites, platforms and digital services of JP / JuanPescador and any related websites or services.
1. Company details and contracting party
These general terms and conditions are used by:
Transact LLC a Limited Liability Company under the laws of the State of Alaska, United States Entity Number: 10222571
Established and having its office at:
821 N ST STE 102 Anchorage, AK 99501 United States
Transact LLC operates, among others, the platforms and trade names JuanPescador, and any related websites or services.
In these general terms and conditions, Transact LLC is referred to as “JP”, “we”, “us” or “the Platform”.
Email address for customer contact and legal notices: [insert email address]
2. Definitions
In these general terms and conditions, the following terms have the following meanings:
Platform The website, app, database, chat function, profiles, advertisements and other digital services of JP.
User Any natural person or legal entity using the Platform.
Provider A user who offers services through the Platform, such as domestic help, cleaning services or similar services.
Customer A user who is looking for a provider through the Platform and wishes to contact providers.
Contact request A first message, chat message or other attempt by a customer to contact a provider through the Platform.
Interactive conversation A conversation in which a provider has substantively responded through the Platform to a contact request or message from a customer.
Chat subscription A paid subscription that allows a customer, during the relevant subscription period, to send contact requests and conduct up to the agreed number of interactive conversations.
Subscription period The period for which the chat subscription has been entered into and paid in advance.
Agreement between users Any arrangement, agreement, work arrangement or cooperation that providers and customers make with each other outside the Platform or as a result of contact through the Platform.
3. Role of the Platform
JP operates a digital contact platform.
The Platform enables providers and customers to independently contact each other through profiles, advertisements, contact requests and chat functionalities.
JP only facilitates digital contact between users.
JP is not a party to any arrangements, agreements, work, payments or cooperation that users make or perform between themselves.
JP is not an employer, client, employment agency, recruitment agency, staffing agency, cleaning company, care provider or party to the performance of any work.
Providers and customers are themselves responsible for the content of their profile, their messages, their arrangements, the performance of work, any payments between them and compliance with applicable laws and regulations.
JP does not guarantee that a provider will respond, be available, be suitable, be reliable or perform any work.
JP also does not guarantee that a customer will actually find a suitable provider or that any agreement or cooperation between users will be concluded.
4. Free use for providers
Use of the Platform is, in principle, free for providers.
Providers may create a profile or advertisement free of charge, receive messages and respond to messages from customers, insofar as these functionalities are offered by the Platform at that time.
JP may change, limit, expand or discontinue functionalities for providers.
JP may offer additional paid services or optional paid functionalities for providers. Such paid services only apply if the provider separately agrees to them.
The fact that providers may use the Platform free of charge does not mean that JP is obliged to keep a profile, advertisement or account visible without limitation. JP may manage, pause or remove profiles, advertisements or accounts in accordance with these terms and conditions.
5. Paid chat subscription for customers
Customers may view the available offer within the functionalities made available by the Platform at that time.
If a customer wishes to chat with providers or send contact requests through the Platform, a paid chat subscription is required.
A chat subscription gives the customer the right to send contact requests to providers during the relevant subscription period.
Within a chat subscription, a customer may send unlimited contact requests or first messages to providers, subject to these terms and conditions, the fair use provision and the technical operation of the Platform.
The chat subscription does not entitle the customer to an unlimited number of interactive conversations.
Per chat subscription, the customer may conduct a maximum of five interactive conversations within the relevant subscription period, unless a different number is expressly stated when the subscription is entered into.
A message or contact request to which no provider substantively responds does not count as an interactive conversation.
An interactive conversation only arises when a provider substantively responds through the Platform to a message or contact request from the customer.
The maximum of five interactive conversations is a usage limit and not a result guarantee.
JP does not guarantee that five providers will respond, that a suitable provider will be found or that any agreement or cooperation between users will be concluded.
If the customer reaches the maximum of five interactive conversations within a subscription period, the customer may:
- wait until the next consecutive subscription period, in which up to five interactive conversations will again be available; or
- enter into an additional or parallel chat subscription, which creates an additional usage right for up to five additional interactive conversations within the term of that additional subscription.
An additional or parallel chat subscription is a separate subscription alongside any existing subscription. This means that costs are charged separately for each subscription and that each subscription must be terminated separately, unless expressly stated otherwise when entering into the subscription.
For each chat subscription, the price, term, renewal, payment and termination conditions apply separately as stated when entering into that subscription.
6. Fair use and reasonable use
The Platform offers certain functionalities on the basis of reasonable use. This includes, among other things, sending contact requests, using the chat function, creating or managing profiles and advertisements and other use of the Platform.
Where reference is made to “unlimited” use, this means unlimited within normal, reasonable and personal use of the Platform.
Unlimited use does not mean that the Platform may be used for spam, automated messages, mass messages, scraping, data mining, abuse, commercial resale, improper use or use that may disrupt the operation, security, availability or reliability of the Platform.
JP may apply technical, organisational or reasonable usage restrictions where necessary for the security, stability, quality or normal operation of the Platform.
This may include temporary limits, delays, checks, warnings, pausing messaging functions, limiting visibility or restricting an account.
If JP suspects that a user is not using the Platform in a reasonable manner, JP may warn the user and take appropriate measures.
In the event of serious or repeated misuse, JP may temporarily or permanently restrict, pause or terminate the account.
Fair use does not affect the specific usage limits of a chat subscription. Therefore, per chat subscription, a maximum of five interactive conversations per subscription period still applies, unless expressly stated otherwise.
7. No result guarantee
JP provides a digital contact service.
JP does not guarantee that a user will find a suitable provider or customer.
JP does not guarantee that a provider will respond to a message or contact request.
JP does not guarantee that a provider is available, suitable, reliable or will perform work satisfactorily.
JP does not guarantee that an agreement, work arrangement or cooperation between users will be concluded.
The absence of responses, a match, an appointment or successful cooperation does not in itself entitle the user to a refund.
The maximum number of five interactive conversations per chat subscription is only a maximum within the usage right of the subscription and does not constitute a guarantee that five providers will actually respond.
This does not affect a customer’s ability to rely on statutory rights if the digital service has not been delivered or has not been delivered in accordance with the agreement.
8. Prices, payment and automatic renewal
The price of a chat subscription is stated before the customer enters into the subscription.
Subscriptions are invoiced and paid in advance.
By entering into a chat subscription, the customer agrees to the price, term, usage limits, payment method and renewal as stated when entering into the subscription.
Unless expressly stated otherwise, a chat subscription is automatically renewed per subscription period until terminated by the customer.
The customer may terminate the chat subscription at any time for future subscription periods.
Termination has no retroactive effect.
Amounts already due remain payable.
If a payment fails, is reversed or is charged back without valid legal grounds, JP may restrict or block accesss to paid functionalities until payment has been made.
JP may recover reasonable costs and proven damage to the extent permitted by law.
9. Termination, account deletion and suspension
A user may manage, pause or delete their account through the available functionalities of the Platform or by contacting JP.
Deleting an account terminates accesss to the Platform.
If an active chat subscription is linked to the account, deletion of the account also counts as termination for future subscription periods, unless expressly stated otherwise for technical or administrative reasons.
Amounts already due and existing payment obligations remain in force.
After termination or deletion of an account, accesss to messages, profiles, advertisements or other data may be lost.
JP may temporarily or permanently restrict, pause or terminate an account in the event of misuse, fraud, violation of these terms and conditions, unlawful conduct, security risks, repeated complaints or other use that may be harmful to users or the Platform.
10. Right of withdrawal for digital services
If the customer is a consumer and has a right of withdrawal under mandatory applicable consumer law, the customer will be informed about this before entering into the chat subscription.
Because the chat subscription is made digitally available immediately after payment, the customer expressly requests immediate delivery of the digital service.
The customer acknowledges that, to the extent permitted by law, the right of withdrawal is lost once the digital service has been fully delivered or once the customer has actually used the chat functionality within the subscription period.
To the extent mandatory consumer law provides otherwise, the statutory rights of the consumer remain unaffected.
If a consumer validly exercises a statutory right of withdrawal, JP will act in accordance with the applicable statutory rules.
11. Refunds
Paid amounts are non-refundable, unless mandatory law provides otherwise or JP expressly decides otherwise.
The absence of responses, a match, an appointment or successful cooperation does not automatically entitle the customer to a refund.
JP provides a digital contact service and does not guarantee any result.
If JP refunds an amount as a gesture of goodwill, this does not mean that JP acknowledges any legal obligation to do so. A goodwill refund also does not create any right to a similar refund in other cases.
12. Collection, chargebacks and payment arrears
If a user wrongfully reverses, charges back or fails to make a payment, JP may charge the amount due again.
JP may restrict accesss to the Platform or paid functionalities until outstanding amounts have been paid.
For consumers, extrajudicial collection costs will only be charged after the user has received a statutory payment reminder and the 14-day period stated in that reminder has expired without payment.
The amount of any collection costs will be calculated in accordance with the applicable statutory rules.
In addition to legally permitted collection costs, JP will not charge extra administration, reminder or demand costs insofar as this would be contrary to mandatory law.
JP may transfer claims to a collection partner or third party, to the extent permitted by law.
13. User conduct
Users must use the Platform carefully, honestly and lawfully.
Users are not permitted to:
- post incorrect, misleading or fraudulent information;
- impersonate another person;
- send spam, mass messages or automated messages;
- copy, scrape or reuse profiles, advertisements or messages of others without permission;
- technically disrupt or overload the Platform;
- post or send discriminatory, offensive, threatening, sexual, violent, unlawful or otherwise inappropriate content;
- harass or pressure other users;
- use the Platform for illegal activities;
- circumvent security measures, payment structures or usage limits.
In the event of a breach of this provision, JP may take measures including warning, restriction, pausing, removal of content, restriction of messaging functions, suspension or termination of the account.
14. Contact details and circumvention of the Platform
Users are not permitted to place contact details, links or calls for direct contact in public profiles, advertisements or other public parts of the Platform with the purpose of circumventing the operation, security or payment structure of the Platform.
After lawful chat contact has been established through the Platform, users may exchange contact details under their own responsibility in order to make further arrangements.
JP is not a party to these arrangements.
Users are themselves responsible for the consequences of sharing contact details and making arrangements outside the Platform.
JP is not responsible for communication, arrangements, payments, work or disputes that take place outside the Platform.
15. Profiles, advertisements and provider availability
Providers are themselves responsible for the accuracy, completeness and currency of their profile, advertisement, availability, rates, experience and other information.
JP may check, modify, pause or remove profiles and advertisements if they violate these terms and conditions, appear to be incorrect or outdated, lead to complaints or may be harmful to the Platform or users.
JP aims to keep the available offer current and useful.
Providers who repeatedly fail to respond, post incorrect information or no longer appear to be active may be warned, temporarily paused or removed by JP.
These measures are intended to safeguard the quality of the Platform, but do not constitute a guarantee that providers will always respond, be available or be suitable.
16. Reviews and ratings
Users may post reviews or ratings if the Platform offers this functionality.
Reviews may only be posted by users who have actually gained experience with the Platform or with contact established through the Platform.
Posting false, misleading, paid, offensive, discriminatory, threatening or unlawful reviews is not permitted.
JP may moderate, refuse, modify or remove reviews if they violate these terms and conditions, the law or the normal operation of the Platform.
JP does not guarantee that all reviews are complete, accurate or representative.
The order in which reviews or ratings are displayed may depend on technical settings, relevance, date, moderation or other factors.
17. Ranking and visibility of providers
The order in which providers are displayed may depend on location, availability, profile completeness, activity, response history, relevance, search filters, technical settings and other factors.
JP does not guarantee that a provider will remain visible in a fixed position.
JP may change the order, visibility and presentation of profiles and advertisements in the interest of the operation, quality, security or commercial exploitation of the Platform.
18. Notices, moderation and illegal content
Users may report unlawful, misleading, discriminatory, fraudulent or otherwise undesirable content through the contact options on the Platform.
JP may assess reported or detected content and, if necessary, remove, restrict or make it less visible.
JP may temporarily or permanently restrict accounts in the event of misuse, fraud, unlawful content, repeated violations or security risks.
Where legally required, JP will inform the relevant user of the reason for a restriction or removal and of the available complaint option.
JP may reject notices if JP considers that the reported content does not violate these terms and conditions or applicable law.
Users may not misuse notice procedures.
19. Complaints
A user who has a complaint about the Platform may contact JP via:
[insert email address]
JP will assess and respond to complaints within a reasonable period.
A complaint about a provider, customer, appointment, payment or work performed between users generally falls outside JP’s responsibility, because JP is not a party to the agreement between users.
JP may, at its own discretion, take measures against users who violate the terms and conditions or misuse the Platform.
20. Availability and changes to the Platform
JP makes efforts to keep the Platform available and usable.
JP does not guarantee that the Platform will always be uninterrupted, error-free, secure or fully available.
JP may temporarily interrupt the Platform for maintenance, updates, security, technical changes or other necessary work.
JP may change, expand, limit or discontinue functionalities.
JP is not liable for damage caused by temporary unavailability, technical failures, maintenance, data loss or changes to the Platform, unless caused by intent or deliberate recklessness on the part of JP or unless mandatory law provides otherwise.
21. Liability
JP is only liable for direct damage that is the direct result of an attributable failure by JP, insofar as liability cannot validly be excluded or limited.
JP is not liable for damage resulting from:
- acts or omissions of users;
- arrangements between providers and customers;
- the performance or non-performance of work;
- incorrect or incomplete information in profiles, advertisements or messages;
- the absence of responses;
- failure to find a suitable provider or customer;
- disputes between users;
- payments or arrangements outside the Platform;
- temporary unavailability or technical failures of the Platform;
- use of the Platform in violation of these terms and conditions.
To the extent permitted by law, JP’s liability is limited to the amount paid by the user to JP for the relevant service in the three months preceding the event causing the damage.
This limitation does not apply where liability may not be limited under mandatory law.
22. Indemnity
The user indemnifies JP against claims by third parties related to:
- the user’s use of the Platform;
- information, profiles, advertisements, messages or reviews posted by the user;
- arrangements or agreements between users;
- work, payments or disputes between users;
- violation of these terms and conditions or applicable law by the user.
This indemnity applies to the extent permitted by law.
23. Privacy and personal data
JP processes personal data in accordance with applicable privacy laws and the privacy statement of the Platform.
The privacy statement is available at:
[insert link to privacy statement]
Users are themselves responsible for the personal data they share in profiles, advertisements, messages or communication with other users.
JP advises users to handle personal data carefully and not to share sensitive information where this is not necessary.
To the extent users exchange personal data with each other or communicate outside the Platform, JP is not responsible for this.
24. Intellectual property
All rights to the Platform, including software, texts, design, trade names, logos, databases, functionalities and other materials, belong to JP or its licensors.
Users may only use the Platform for the purpose for which it has been made available.
It is not permitted to copy, disclose, sell, rent, reproduce, scrape, index or otherwise commercially exploit parts of the Platform without JP’s prior written consent.
By placing information, texts, photos, advertisements, profiles or other content on the Platform, the user grants JP a non-exclusive, worldwide, royalty-free licence to use this content for the operation, promotion, security, moderation and improvement of the Platform.
The user guarantees that they are entitled to use and publish the posted content.
25. Changes to these terms and conditions
JP may change these general terms and conditions.
For new users, amended terms and conditions apply from publication on the Platform.
For existing subscriptions, changes apply from the next subscription period, unless the change is solely administrative, clarifying or legally necessary.
In the event of material adverse changes, JP will inform the user in advance, insofar as reasonably possible and legally required.
If a user does not wish to accept material adverse changes, the user may terminate the subscription before the change takes effect.
Continued use of the Platform after the amended terms and conditions take effect constitutes acceptance of the amended terms and conditions, to the extent permitted by law.
26. Transfer
JP may transfer its rights and obligations under these terms and conditions or agreements with users to another group company, legal successor, acquirer or third party in the context of a transfer of business, restructuring, sale or change in the operation of the Platform.
Users may not transfer their account, subscription or rights under the agreement to a third party without JP’s prior written consent.
27. Applicable law and competent court
These terms and conditions, the use of the Platform and the legal relationship between JP and the user are governed by the laws of the State of Alaska, United States, unless mandatory law provides otherwise.
If the user acts as a consumer and resides in the Netherlands, Belgium or another Member State of the European Union, this choice of law does not affect the protection the consumer enjoys under mandatory provisions of the law that would apply without this choice of law.
Disputes will be submitted to the competent court according to the applicable rules of private international law, unless mandatory consumer law designates another competent court.
28. Final provisions
If any provision of these terms and conditions is wholly or partly invalid, void or voidable, the remaining provisions will remain fully in force.
JP will replace the invalid or voided provision with a valid provision that reflects the purpose and scope of the original provision as closely as possible.
JP’s failure to immediately enforce a right or provision does not mean that JP waives that right or provision.
These terms and conditions, together with the information on the Platform, the payment page, the privacy statement and any additional agreements, constitute the complete arrangement between JP and the user for the use of the Platform.
29. Contact
For questions about these general terms and conditions, the Platform, subscriptions, complaints or legal notices, contact may be made via:
Transact LLC 821 N ST STE 102 Anchorage, AK 99501 United States