Terms of Service

Last updated: February 1, 2025

1. Introduction

Welcome to Vyspiral. These Terms of Service govern your use of the Vyspiral platform, including our website and services. By using our platform, you agree to these terms.

Vyspiral operates exclusively as an online marketplace and coordination platform (courtier) connecting Customers with independent, verified Contractors. Vyspiral is operated by Akash Waitage, trading as “Vyspiral”, a sole proprietorship (entreprise individuelle) — it is not an incorporated company and has no separate legal personality.

Business Structure

IMPORTANT: Vyspiral is not an incorporated company. It is a sole proprietorship, meaning it has no separate legal personality — all rights and obligations described in these Terms as belonging to Vyspiral are, as a matter of Luxembourg law, the personal rights and obligations of Akash Waitage, trading under the Vyspiral name.

Eligibility & Acceptance

By creating an account, submitting a pickup request, or accepting a job through the Platform, you agree to be bound by these Terms. You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Platform. The Platform is not directed at, and must not be used by, individuals under 18.

2. Definitions

"Platform" refers to the Vyspiral website and related services.

"Customer" refers to any individual or business requesting waste removal services.

"Contractor" refers to verified service providers offering waste removal services through the platform.

"Job" refers to a waste removal request submitted by a Customer.

Nature of the Platform — Broker / Coordination Role

Vyspiral operates exclusively as an online marketplace and coordination platform (courtier). Vyspiral does not itself collect, transport, store, treat, or dispose of waste, and does not employ, control, or supervise Contractors in the performance of their services. Vyspiral is not a licensed waste operator, is not the “détenteur” or “producteur” of any waste within the meaning of applicable Luxembourg and EU waste legislation, and does not act as an organiser or notifier of waste shipments. All waste-handling obligations, licenses, and regulatory compliance are the sole responsibility of the Contractor performing the relevant Job. This reflects the confirmation obtained from the Administration de l'environnement (AEV) that no waste-broker permit is required for Vyspiral's activity, provided it remains strictly a coordination platform.

3. Account Registration

To use certain features, you must create an account. You are responsible for maintaining the confidentiality of your account credentials. You must provide accurate and complete information during registration.

4. Services

Vyspiral provides a platform for coordinating waste removal services. We facilitate the connection between Customers and Contractors but do not guarantee the availability, quality, or legality of services provided by Contractors.

All waste removal services are performed by independent Contractors. Vyspiral is not responsible for the actions or omissions of any Contractor.

Waste Logistics and Traceability

Our platform includes waste logistics and traceability features to support transparency and proper waste handling:

  • We collect structured waste data including waste classifications, quantities, generator information, pickup evidence, and destination facility details
  • The platform generates pickup summaries and documentation for record-keeping purposes. These are informational records only and do not constitute official compliance certificates
  • Contractors remain solely responsible for all regulatory compliance, proper waste handling, obtaining required licenses and permits, and disposal obligations. Vyspiral does not issue legally binding compliance certificates
  • Vyspiral operates as a coordination platform and is not a licensed waste operator. We provide data capture and reporting tools but assume no legal responsibility for waste disposal compliance
  • The system does not submit regulatory filings to government authorities on behalf of Contractors or Customers

5. Pricing & Payments

Contractors set their own Quote prices, subject to the Platform's published minimum job price. The price shown to you is a single total price for the Job. Vyspiral charges the Contractor a commission (the Platform Fee) for its intermediation services, as set out in the Contractor Agreement; the commission is invoiced to the Contractor and deducted from the amounts collected on the Contractor's behalf — the Contractor always receives the full value of their accepted Quote.

All prices are shown in Euros (EUR) as a total price. Where the Contractor is VAT-registered, VAT at the applicable Luxembourg rate is included and shown on the invoice issued in the Contractor's name; where the Contractor benefits from the Luxembourg small-enterprise franchise regime, no VAT applies. Payments are collected by Vyspiral on the Contractor's behalf and processed by our third-party payment processor (Stripe); by making a payment you also agree to Stripe's applicable terms. Invoices and credit notes for Jobs are issued by Vyspiral in the name and on behalf of the performing Contractor.

6. Cancellations

Cancellation refunds are based on the scheduled pickup time:

More than 48 hours: 100% refund. 24–48 hours: 75% refund. 12–24 hours: 50% refund. Less than 12 hours: 25% refund. No-shows may forfeit the refund.

Right of Withdrawal — EU Consumers

Where you are a consumer contracting from within the EU, you ordinarily benefit from a 14-day right of withdrawal from an online contract. By scheduling a pickup for a date within that 14-day period and expressly requesting that the Contractor begin performance before it expires, you acknowledge and agree, in accordance with Article L.222-9 of the Luxembourg Consumer Code, that your right of withdrawal is lost once the service has been fully performed, and that you will be liable for a proportionate amount if you withdraw after performance has begun but before completion.

7. Disputes

In case of a dispute between a Customer and Contractor, Vyspiral will attempt to mediate a resolution. However, Vyspiral is not liable for the outcome of any dispute.

Post-Completion Disputes

Customers may raise disputes within 7 days after a job reaches "completed" status, even if payment has already been released to the Contractor. Disputes are reviewed by platform administrators who may issue partial refunds, full refunds, or reject the dispute based on the evidence provided.

EU Online Dispute Resolution

If you are a consumer resident in the EU, you may also submit a complaint through the European Commission's Online Dispute Resolution (ODR) platform. This does not affect your right to bring proceedings before the competent Luxembourg courts: ec.europa.eu/consumers/odr

8. Data Usage and Retention

By using our platform, you agree to our collection and use of waste traceability data as described in our Privacy Policy. Key points:

  • We collect waste classifications, quantities, pickup evidence, and destination facility information to support transparency and future compliance reporting
  • Completed job records and waste data are retained for 7 years from completion date. Records older than 2 years are archived to cold storage
  • Upon account deletion request, personal data is anonymized within 30 days (after a 30-day recovery window), while anonymized job records are retained for analytics
  • You have GDPR rights including access, rectification, erasure, data portability, and the right to object to processing. See our Privacy Policy for details

Intellectual Property

The Platform, including its software, design, trademarks (including “Vyspiral” and associated logos), and content created by Vyspiral, is owned by or licensed to Vyspiral and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purpose. You may not copy, modify, reverse-engineer, or create derivative works from the Platform. By submitting Content, you grant Vyspiral a worldwide, royalty-free license to use, reproduce, and display that Content for the purpose of operating, promoting, and improving the Platform.

9. Limitation of Liability

The Platform is provided “as is” and “as available,” without warranties of any kind, express or implied, to the maximum extent permitted by law. Vyspiral does not guarantee uninterrupted or error-free operation of the Platform.

Subject to the carve-outs below, Vyspiral's aggregate liability arising out of or relating to these Terms or use of the Platform is limited to the greater of (a) the Platform Fee paid by you in the 12 months preceding the event giving rise to the claim, or (b) EUR 500.

Specifically, Vyspiral is not liable for:

  • Actions or omissions of Contractors, including improper waste disposal or regulatory violations
  • Accuracy or completeness of waste data provided by Customers or Contractors
  • Compliance with waste management regulations (Contractor responsibility)
  • Loss or damage resulting from reliance on informational records generated by the platform

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited under Luxembourg law, including liability for gross negligence (faute lourde) or willful misconduct (dol).

Indemnification

You agree to indemnify and hold Vyspiral harmless from and against any third-party claims, damages, liabilities, and reasonable costs (including legal fees) arising out of your breach of these Terms, your misuse of the Platform, or (in the case of Contractors) your performance of, or failure to perform, waste-related services, subject to the more detailed indemnification provisions of the Contractor Agreement where applicable.

Force Majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, government action, labor disputes, internet or utility outages, or public health emergencies.

Suspension & Termination

Vyspiral may suspend or terminate your account, with or without notice, where we reasonably believe you have breached these Terms, engaged in fraud, abuse, or unlawful conduct, or where required by law. You may close your account at any time through account settings or by contacting us; closure does not affect obligations already accrued (including payment for completed Jobs).

Modification of These Terms

We may update these Terms from time to time. Material changes will be notified at least 14 days in advance via the Platform or email, and will state the effective date. Continued use of the Platform after the effective date constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Platform and may close your account before the effective date.

10. Governing Law

These terms are governed by the laws of the Grand Duchy of Luxembourg. Any disputes shall be subject to the exclusive jurisdiction of the courts of Luxembourg.

Miscellaneous

  • Controlling language: these Terms are drafted in English. Translations into French, German, and Luxembourgish are provided for convenience; in the event of any inconsistency, the English version prevails (to be confirmed with counsel).
  • Severability: if any provision is held invalid or unenforceable, the remaining provisions continue in full force.
  • No waiver: failure to enforce any provision is not a waiver of the right to do so later.
  • Assignment: you may not assign these Terms without our prior written consent; Vyspiral may assign these Terms in connection with a sale of the business, a change in its legal form (including incorporation as a company), or a transfer of assets.
  • Entire agreement: these Terms, together with the Privacy Policy and Cookie Policy (and, for Contractors, the Contractor Agreement), constitute the entire agreement between the parties regarding the Platform.

11. Contact

For questions about these terms, contact us at legal@vyspiral.com.

For privacy-related inquiries or to exercise your GDPR rights, contact our Data Protection Officer at privacy@vyspiral.com.