Terms of Use

Terms of Use

Second Inc. ("Second", "we", or "us") provides services, supports this web site (the "site") to provide information, recommendations, and live concierge services (the "services"). The terms, conditions and guidelines associated with use of the services, the site and any content (collectively, the "content") available on the site are set forth in this terms of use agreement ("TOU"). Please read this TOU carefully before you use the services or the site. By using the services or the site you ("you" or "your," as appropriate) agree to the terms, conditions, and guidelines set forth in this TOU. Except as is provided in Second's privacy policy (which is incorporated into this TOU below), Second may update or change this TOU from time to time without notice. Such changes will be effective on the date that such modified TOU is posted on the site, which is located at https://mysecond.com/terms-of-use. Use of the site or services after such changes have taken effect constitutes acceptance of all changes. Please also note that if Second determines at any time that you have abused or violated any of these terms, conditions and guidelines, Second reserves the right to terminate your access to the site and services immediately without notice. Concierge recommendations and information: the concierges' comments and recommendations presented on the site, are based on research and opinions collected by the concierges, and are subject to change at any time. In addition, all responses will be provided based upon reasonable research and efforts on behalf of our operators. We do not recommend utilizing our services for financial, legal, tax or other sensitive matters, in addition to running errands, impersonation services or any other service requiring design or creative skills..

Eligibility

The services and the site are available only to individuals or entities who can form legally binding contracts under applicable law and who are employees and affiliates of entities that have entered into a services agreement with Second or one of its distributors. Without limiting the foregoing, the services and the site are not available to individuals under the age of eighteen (18). By using the services or the site, you warrant that you are at least eighteen (18) years of age or older. If you do not qualify, you may neither use the services nor the site. For special promotions, this age requirement may require that users of this site be (21) years of age or older. Please refer to the special promotions portion of this agreement to investigate this matter further.

Privacy

Second knows how important privacy is to you and is committed to honoring your privacy. You can review Second's privacy policy, which is incorporated by reference into this TOU, at [http://mysecond.com]. In order to ensure that Second is able to provide high quality services that are responsive to customer needs, Second employees may need to access your accounts and records on a case by case basis to investigate complaints or other allegations or abuse. Second shall not disclose the existence or occurrence of such an investigation unless required by law. The information you provide is the information that we will be capable of accessing. Therefore, if you do not wish to share any personal, contact, financial or other sensitive information, please do not do so.

Links to third-party sites

Some of the links on the site may allow you to leave the site. Third-party sites to which the site may link ("third-party linked sites") are not in any way under Second's control, and Second does not assume any responsibility or liability for any information, content, communications, services, goods or other materials available on such third-party linked sites or for any changes or updates to such sites. Second does not intend links contained on the site to be referrals to, or endorsements of, any third-party linked site or the entities that operate them, and such links are provided for convenience only.

General disclaimer

The site, all third party linked sites, and all services, content and materials provided in the site, are provided to you on an "as is, with all faults" basis, and your use of such sites, services, content and materials is at your own risk. Second disclaims all warranties whether express or implied including without limitation the warranty of merchantability, fitness for particular purpose, title, infringement, and quiet enjoyment.

Limitation of liability

In no event will Second, any of its partners, providers, affiliates, including their respective officers, directors, employees or representatives, be liable for any indirect, incidental, special, consequential, reliance, compensatory, or punitive damages or damages resulting from lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the site, the services available on the site, mobile applications or any websites linked to the site, the materials or information contained at the site or the foregoing limitations of liability constitute a fundamental basis of this TOU and Second would not have permitted you to use the site or the services absent such limitations.

Prohibited uses

As a client of the services including forums, chats or postings on this site, you agree to use the services and the site only for lawful purposes. Use of the services or the site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the services or the site to:

  1. Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
  2. Harass others by "mail-bombing" or "news-bombing";
  3. Threaten, harass, defame, embarrass or distress any other person or group;
  4. Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner's consent;
  5. Use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic;
  6. Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or similarly tortuous or otherwise objectionable material;
  7. Post, send or relay any unsolicited advertising;
  8. Post or send any chain letters or pyramid schemes;
  9. Post or send any fraudulent or misleading offers of products, items, loans, or other services;
  10. Post any misleading, inaccurate or fraudulent information;
  11. Post any junk e-mails;
  12. Post any duplicative or unsolicited messages;
  13. Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  14. Create a false identity or forged e-mail address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; or
  15. Attempt to gain unauthorized access to the services, other accounts, computer systems or networks connected to the site through login password mining or any other means.

Termination

Second may terminate the services and access to this site at any time without notice in its sole discretion. We possess the right to refuse service at anytime. In the event of a termination, the links to third-party sites, general disclaimer, limitation of liability, prohibited uses, proprietary rights, indemnity, applicable laws, and general terms sections set forth in this TOU shall survive. Users who violate this TOU may additionally incur criminal and/or civil liability. Second may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.

Proprietary rights software

You acknowledge and agree that the service and any Second software used in connection with the service ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the web interface or telephone access numbers that may be provided by Second for use in accessing the service.

Trademarks

The trademarks appearing on the site, including those of Second, are the property of their respective owners. Second's trademarks may not be used without the express written permission of Second The design and layout of the site, and all other websites owned, operated, licensed, or controlled by Second are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the site may be copied or retransmitted unless expressly permitted by Second Other product and company names mentioned on the site may be the trademarks of their respective owners.

Copyright

All materials on the site are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. Second's materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without Second's express written permission except that you may download one copy of the content for your personal, non-commercial use, provided that all copyright and proprietary notice are displayed on such downloaded content. All rights not expressly granted herein are reserved by Second If you are aware of any copyright violations on the site, please contact info(at)mysecond.com.

Indemnity

You agree to indemnify, defend (with counsel reasonably acceptable to Second) And hold harmless Second, its telecommunications providers and service providers, and each of their subsidiaries, affiliates, officers, directors, shareholders, beneficiaries, members, partners, employees, consultants, attorneys and agents and their respective successors and assigns, if any, (collectively the "indemnified parties") from and against all claims, actions, losses, liabilities, damages, costs and expenses (including, but not limited to, attorneys' fees and costs) arising from or relating to (i) your use of the services and/or the site, (ii) any content you post, e-mail, transmit, or relay either to Second or by use of the services or the site, (iii) your violation of the TOU, or (iv) your alleged infringement of any intellectual property or other right of any person or entity.

Notice

All notices to a party shall be in writing and shall be made via e-mail. Notice shall be deemed given 24 hours after an e-mail that is not returned to the sender is sent, to you at the address provided by you upon registration.

Changes to site and services

Second Reserves the right to change, suspend or discontinue any aspect of the services or the site at any time, including the availability of any of the site features, delivery services, databases or content. Second May also impose limits on features or restrict access to parts of the site.

Applicable laws

Both you and Second Agree that the statutes and laws of the commonwealth of California, without regard to the conflicts of laws principles, will govern all matters relating in any way to this TOU or to your use of the site. Second Makes no representation that materials on the site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the site from outside the state of California do so on their own initiative and are responsible for compliance with local laws.

This agreement is personal to you, and you may not assign your rights or obligations to anyone.

General terms

If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Second's failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. The TOU constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOU will be effective only if unambiguously made in writing and signed by Second

Services

  1. Second Assistants (HWAs) – Clients can submit requests 24/7/365 by email to [email protected]; however, HWAs are available to work on your requests during business hours, Monday to Friday between 8am to 5pm Pacific Standard Time, notwithstanding forces outside of our reasonable control including, but not limited to, natural disasters, strikes, acts of god, governmental restrictions, enemy actions, civil commotions, terrorism, fire or similar causes. HWAs are available to provide an array of professional services including but not limited to making calls, online research, travel arrangements, document creation, proof reading and calendar management. These services may only be performed virtually, via telephone, email or text - no video chat, in person meetings, mailings or errands of any kind are provided. The following services are not provided: (i) anything requiring a professional license to render services such as, but not limited to, an attorney, CPA, financial advisor (ii) anything requiring unique media or programming skills e.g. web developer, architecture, user interface, photoshop, (iii) impersonation of you or anyone else or acting as an employee of you or your company, (iv) creation or development of any tasks requiring professional skills such as a business plan, (v) any errand type services or work requiring physical tasks such as writing letters by hand etc, (vi) inbox management and recurring scheduling support - unless your plan includes it. HWAs are required to only speak English and it is not guaranteed that you will speak with or deal with the same HWA each time you place a request. HWAs will do their best possible to provide you with the information or task at hand and will do the best they can to service your requests, but Second nor its HWAs will be held accountable, liable or financially responsible for any inaccurate information provided.
  2. Direct Account Managers (DAMs) - Upon signing up, you are assigned a DAM internally that is your direct contact for request status, preferences, accountability, quality assurance and who is responsible for leveraging the entire HWA database to fulfill your requests. The DAM may also work on your requests but will primarily assign requests to existing HWAs in order to maximize turnaround time and skillsets and to avoid bottlenecks.
  3. Monthly Plan – Second provides services in the form of an automatic monthly renewing service fee. Upon placing your order and agreeing to these terms, you will be charged immediately for the amount of hours you have selected; thereafter, you will be charged automatically for the same fee each and every 30 days. Please note that your plan will begin from the date you signed up and automatically renew every 30 days. Plans are not set to renew at the beginning or end of each month, rather they begin on the day that you activate your plan. Please make sure that you provide a credit card that you plan on keeping and that you have the appropriate billing address information that you plan on using for these monthly charges. All services are available at the monthly plan fee. Please note that all charges are non refundable.
  4. Cancellations - You may cancel your Second plan 24 hours prior to your renewal date and during business hours on weekdays (8am - 5pm PST) by emailing [email protected] or telling your assistant. Upon receiving your cancellation , Second will terminate your account and delete your entire record (which includes request history, profile information and more). Please note that any unused time in your account at the time of cancellation will be voided. Should an Account Owner or Admin on a Team Account request a cancellation, all users in your account will also have their accounts set to inactive status. Second will not provide a refund for any unused time or should you request cancellation after your monthly plan has already renewed.
  5. Operational Hours – You can submit your requests 24/7/365, however requests will be responded to 8am to 5pm PST. DAMs are available 9am to 6pm PST. Request response times will vary based upon the task at hand.
  6. Upgrades / Renewals - Your plan will automatically renew each month. Therefore, you consent and allow Second to charge your credit card on file each month without contacting you in any way, unless you notify us to cancel your account within the allotted time stated above. You are capable of upgrading your account at anytime, whereas downgrades occur upon your next renewal. For example, upgrades will take place immediately, at which point you will be charged for the full amount of the new pricing plan, minus the pro-rated amount of your current pricing plan. Accordingly, you will receive a new 30 day term and new total hours associated to your new plan type. Downgrades will take place at the end of your current plan cycle, at which time your plan will renew at the lower plan price and you will accordingly receive points associated to the downgraded level which you have chosen.
  7. Limitations - By agreeing to our terms, you realize that there are inherent limitations to the services we are to provide. We will not make illegal purchases on your behalf or represent you in any unlawful or illegal way. Furthermore, you agree that information provided to you is not eligible for publication and that you should contact a professional in the field which you are inquiring advice, prior to engaging in official services of any kind. Furthermore, Second will not be held accountable for any third party products, services or fees of any kind. It is your duty and at your discretion to engage with any vendors provided by Second. For purchases made on your behalf by a HWA or DAM, Second nor its employees or operators will be held accountable for returns, refunds, or guarantees on behalf of the products or services you are purchasing. You are responsible for providing us with your information and there are inherent risks such as fraud, identity theft, wrong purchases, etc.. Second utilizes state of the art and industry standard SSL encryption tools, however you will bear the responsibility and liability for the information that you share or store on our websites. Furthermore, HWAs or DAMs will also not lie on your behalf for any reason, impersonate anyone or be involved or responsible for any of your personal, business, accounting, legal, financial or other actions. We will also not be held accountable or liable in any illegal or fraudulent activities that you impose or request upon our services. In such cases, we will terminate your account immediately and report you to the local authorities.
  8. Usage restrictions - You also agree that you are not to abuse any employee of Second, our time or our services in any other way outside the scope of our services. You are not to resell our services, forward calls to your friends or relatives, or spam our employees with fraudulent and erroneous requests and inquiries. Such actions will result in immediate termination of our account and additional charges for our lost time. In addition, you are not to exploit our HWAs or DAMs or services in any way. Our employees will not honor fraudulent outbound calling, money collections, prank calling or other illegal activities. You also agree that in some cases such as purchases and appointments, Second operators will need to speak on your behalf, enter your personal information to create profiles (amazon.com for example), and you authorize for us to use your personal profile information to get the things done that you are asking for us to do. Please note that any information you add to your profile, Wallet or in your request details can be used to fulfill your request at hand.
  9. Travel arrangements - Travel arrangements are also offered as part of our services. Second will try to find you the best deal for air travel, hotel accommodations, limo services, etc.. We will not be responsible in any way and do not represent the service quality of any of these service providers. As the client, you are accountable for the final selection of your destination or service provider and prior to any final bookings, your written approval (email, text, messaging or otherwise) will always be requested. If you are not pleased with any services referred to by our team, please contact the service provider rather than Second Once we make a purchase or place an order for flights, hotels, or any other travel related services, we will not be held responsible for any refunds or disputes. It will be solely your responsibility to inquire upon any cancellation rules prior to booking and dispute any concerns you have directly with the service provider. Second will not refund, credit or be held responsible whatsoever for any travel related purchases, unless there has been unequivocal and gross negligence on the part of your HWA or DAM, in which case you should refer your concerns to our Director of Operations. Second is under no circumstances responsible if your flight is cancelled or where there are cancellation penalties. All travel details will be provided by HWAs to the best of their ability; however it is the duty of the client to financially cover this.
  10. Refunds – You must cancel your plan 24 hours prior to it renewing and during business hours (9am - 6pm PST) in order to avoid a charge. There will be no refunds of any kind for any processed payments. Points may be refunded if there was a miscalculation or error made by Second. In that case, please contact your DAM or customer service at hello[@]mysecond.com. There will also be no refunds for purchases made on your behalf and with your approval. Should you ask and HWA or DAM to make a purchase on your behalf, we will not be held accountable should the product or service your are purchasing not meet the expectations you had in mind. You will be required to review any and all refund and exchange policies with the service providers you intend for us to make purchases on your behalf, prior to asking that we make any purchases for you. We will not be held accountable, liable or responsible in anyway for purchases on your behalf that are lost during shipping, tickets arriving late, goods damaged in the mail, etc... We will make purchases on your behalf simply to save you time, but in no way whatsoever will Second be responsible for the goods or services we are purchasing for you.
  11. Everything else - we appreciate your business and want to provide you with the best rewarding lifestyle possible. We will do our very best to service you. Should you encounter a problem please contact us at hello[@]mysecond.com. By agreeing to our terms you too promise to be reasonable and considerate of our business and services.