Terms of Service

Introduction and Acceptance

These Terms of Service constitute a legally binding agreement between you ("User", "you") and Locbay OÜ, a limited liability company duly registered in the Republic of Estonia ("Locbay", "we", "us", "our").

The Terms govern your access to and use of the online platform available at https://locbay.com (the "Platform") and all related services, features, and content.

By accessing, browsing, or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree, you must immediately stop using the Platform.

Locbay reserves the right to amend these Terms at any time. Any changes become effective upon publication on the Platform. Continued use of the Platform constitutes acceptance of the updated Terms.

Description of Services

The Platform operates as a neutral online marketplace facilitating connections between independent local service providers ("Service Providers") and end users seeking local services ("End Users").

Service Providers may register accounts to publish and manage service listings describing their services, availability, and contact details. End Users may browse listings and contact Service Providers directly.

Locbay provides solely an intermediary technology platform. Locbay is not a party to any agreement between Service Providers and End Users and does not broker, supervise, endorse, guarantee, or participate in any services, payments, or transactions between users. All risks associated with services rest exclusively with the users involved. Any disputes must be resolved directly between them without Locbay's involvement.

User Categories and Obligations

Service Providers are responsible for ensuring that they have the legal right to offer the services described in their listings, including holding all required licences, complying with applicable EU and local regulations, and paying all applicable taxes.

Service Providers must ensure that all information provided in their accounts and listings is accurate, complete, and kept up to date. They are solely responsible for delivering the services they offer and for handling any complaints, claims, or disputes with End Users.

End Users may browse listings and contact Service Providers directly. Engagements with Service Providers are undertaken at the End User's own discretion and risk. Locbay does not perform background checks or verify qualifications unless explicitly stated.

All users confirm that they have the legal capacity to enter into binding agreements.

Account Registration and Security

Service Providers must create and maintain an account to publish listings. End Users may use the Platform without registration where available.

Users are responsible for maintaining the confidentiality of their login credentials and for all activities conducted through their accounts. Any suspected unauthorised use must be reported immediately.

Locbay may suspend, restrict, or terminate accounts where it reasonably believes that a breach of these Terms, applicable law, or platform integrity has occurred. No refunds or credits are provided for unused listing periods following termination.

Upon account deletion, personal data will be processed in accordance with the Privacy Policy and typically deleted or anonymised within six months unless longer retention is required by law.

Listings and User Content

Service Providers retain ownership of their listings but grant Locbay a non-exclusive, worldwide, royalty-free licence to host, display, reproduce, and distribute such content solely for operating and promoting the Platform.

All listings must be truthful, lawful, non-misleading, and must not infringe third-party rights. Prohibited content includes illegal services, misleading claims, harassment, spam, and unauthorised use of intellectual property.

Locbay may review listings for compliance but does not guarantee approval or accuracy. Locbay reserves the right to remove or restrict listings or accounts where necessary, subject to applicable law, including the Digital Services Act.

Service listings are active for a fixed period of four (4) weeks from the date of activation, unless removed earlier in accordance with these Terms or applicable law.

If a Service Provider upgrades a listing from a free plan to a paid or upgraded plan, the listing period restarts from the date of the upgrade. Any remaining time from the previous listing period does not carry over.

Paid Listing Features and Payments

The Platform may offer paid listing plans or upgraded listing features that enhance visibility or placement of listings.

Fees apply solely for access to enhanced listing functionalities as displayed on the Platform at the time of purchase. Locbay does not guarantee any specific results, including inquiries, leads, or business outcomes, resulting from paid listings.

Locbay does not charge commissions on services and does not process payments between Service Providers and End Users. All service payments occur directly between users outside the Platform.

Fees paid for upgraded listings are non-refundable once the listing has been activated, except in the case of a verified technical error attributable solely to the Platform that prevented proper display.

Communications and External Contact

Locbay may send users essential service-related communications. Marketing communications are sent only where legally permitted and may be opted out of at any time.

Depending on the selected listing plan, Service Providers may share external contact details such as email addresses or third-party messaging services including WhatsApp. Any communication conducted outside the Platform occurs solely between users and is not monitored or controlled by Locbay. Such communication is subject to the terms and privacy policies of the relevant third-party service providers.

Acceptable Use

Users must not misuse the Platform, including by posting unlawful listings, engaging in data scraping, transmitting malicious code, or attempting to interfere with Platform operations.

Service Providers remain solely responsible for ensuring the legality and compliance of their listings. Violations may result in immediate removal or suspension.

Intellectual Property

All rights in the Platform, including software, design, trademarks, and proprietary content, belong to Locbay or its licensors. No rights are granted except as expressly stated in these Terms.

Data Protection and Privacy

Personal data is processed in accordance with the Privacy Policy and applicable data protection laws, including the GDPR. The Platform is hosted using secure infrastructure within the European Union or other compliant jurisdictions.

Third-Party Links and Services

The Platform may contain links to third-party websites or services. Locbay is not responsible for their content, practices, or availability. Use of third-party services is at the user's own risk.

Liability Disclaimer

The Platform is provided on an "as is" and "as available" basis without warranties of any kind.

To the maximum extent permitted by law, Locbay excludes liability for indirect or consequential damages, loss of profits, data, or business arising from use of the Platform or interactions between users. Locbay's total liability is limited to one hundred euros (€100) or the amount paid for listing features in the preceding twelve months, whichever is lower, except where mandatory consumer protection laws apply.

Indemnification

You agree to indemnify and hold Locbay harmless from any claims, losses, damages, liabilities, and expenses, including reasonable legal fees, arising out of your use of the Platform, your listings, your breach of these Terms, or your violation of applicable law or third-party rights. Locbay may assume control of the defence of such claims, and you agree to cooperate.

Digital Services Act

Locbay operates as an intermediary service provider under Regulation (EU) 2022/2065 (Digital Services Act). Locbay does not have a general obligation to monitor user content.

Users may report allegedly illegal content via the contact details provided on the Platform. Locbay will assess reports and take appropriate action in accordance with applicable law.

Locbay may remove or restrict access to listings or accounts where required by law or to protect Platform integrity, providing reasons where legally required.

Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Estonia. Estonian courts shall have exclusive jurisdiction over disputes involving Locbay, without prejudice to mandatory consumer protection laws applicable in the user's country of residence.

Service Providers remain responsible for complying with all applicable laws in the jurisdictions where they offer services.

General Provisions

If any provision is found invalid, the remaining provisions remain in effect.

Failure to enforce any provision does not constitute a waiver.

These Terms constitute the entire agreement between you and Locbay regarding use of the Platform.

The English version of these Terms prevails.

Contact Information

support@locbay.com
Locbay OÜ