ACCEPTANCE OF THE TERMS AND CONDITIONS

These Terms of Use (“Terms of Use”) constitute a legally binding agreement between you (“User” or “you” or “your”) and Instasks, Inc. (“Instasks” or “Instasks” or “us”). What follows are the terms and conditions that: a) govern your access to and use of Instasks’s mobile application for iOS and Android devices (the “App”); and b) your access to and use of Instasks’ site located at www.instasks.com (the “Instasks site”) including any content, and services offered on or through the Instasks site (the “Internet Services”) (the Instasks site, the Internet Services, and the App, are collectively referred to as the “Platform”), whether as a guest or a registered User.

PLEASE BE ADVISED: THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND INSTASKS HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE BELOW). WITH LIMITED EXCEPTION, CLAIMS YOU HAVE AGAINST INSTASKS WILL BE SUBMITTED TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. NOTWITHSTANDING, A PROFESSIONAL MAY OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 30.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE PLATFORM. By installing the App, by otherwise accessing or using any aspect of the Platform, or by clicking to accept or agree to these Terms of Use if and when this option is made available to you (collectively, “Accepting”), you accept that you have read, understood, and that you agree to be bound and abide by these Terms of Use (including the dispute resolution and arbitration provisions described below), our License App, found at www.instasks.com_ (“License”) and our privacy policy, found at www.instasks.com_ (“Privacy Policy”), incorporated herein by reference (together herein referred to as this “Agreement”). If you do not meet all of these requirements or agree to be bound by the terms and conditions of these Terms of Use, you must not use or access the Platform or the “Services,” as defined below.

In addition, by Accepting these Terms of Use, or by otherwise accessing and using any aspect of the Platform, you represent and warrant that: (a) you are at least 18 years old, are of legal age to form a binding contract with Instasks in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; (b) you have the right, authority and capacity to enter into this Agreement; and (c) if you are using the Platform on behalf of a company, entity, or other organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms of Use, and agree to be bound by these Terms of Use on behalf of that entity. If you do not meet all of these requirements or agree to be bound by the terms and conditions of these Terms of Use you must not use or access the Platform or the Services.

ACKNOWLEDGMENTS, MATERIAL TERMS AND NOTICES

As provided in greater detail in these Terms of Use (and without limiting the express language of these Terms of Use), you acknowledge the following:

  • You may use the Platform only as set forth in these Terms of Use;

  • The Platform connects you to other Users such as Professionals and Clients.

  • You are neither an employee nor subcontractor of Instasks;

  • The Platform is licensed to you; it is not sold to you and you have no ownership interest in the platform;

  • Use of the Platform may be subject to separate third-party terms of service and fees, such as the terms of service and fees imposed by your mobile network operator (the “Carrier”), including fees charged for data usage and overage, which are your sole responsibility; 

  • You consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy;

  • The Platform is provided “as is” without warranties of any kind, and Instasks’ liability to you is limited regarding the performance of Services;

  • With limited exceptions, as such exceptions are set forth herein, Instasks will resolve disputes arising under these Terms of Use through binding arbitration. By Accepting this Agreement, you and Instasks are each waiving the right to a trial by jury or to participate in a class action;

  • Access to certain features of the Platform may require access to information about the location of your device, such as GPS coordinates;

  • Instasks may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users (as defined in below) that occur through the Platform for our business purposes, including to provide and improve customer service and the Platform, fraud prevention, and to identify violations of this Agreement;

  • You agree not to circumvent the Platform by scheduling and/or paying for Services and/or Additional Services outside the Platform;

  • You agree to and acknowledge the “Notice Regarding Apple” below.

MODIFICATIONS TO THESE TERMS

Instasks may, in its sole discretion, modify these Terms of Use at any time. Should Instasks modify these Terms of Use, they will become effective upon posting the modified Terms of Use on and in connection with the Platform, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Platform to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Platform and to provide Instasks notice to remove you from any distribution lists or other communication list that are available to you through your use of the Platform. YOUR CONTINUED USE OF THE SITE AND THE PLATFORM AFTER THE POSTING OF THE MODIFIED TERMS OF USE (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.

WHAT INSTASKS DOES – WE CONNECT YOU

As noted above, Instasks, through the Platform, connects those in need of a service (“Customer”), including home improvement projects, construction, maintenance, fitness, tech or other services that may be offered by a professional in those areas (or in the area of need not listed herein (“Professional”).  Those services purchased by the Customer from and to be performed by the Professional that are scheduled through the Platform shall be referred to as the “Services.” As will be defined below, there is certain work or services that are not included as part of the Services, because these jobs are deemed ineligible for scheduling or performing through the Platform due to applicable licensing/permitting regulations and other similar requirements (“Excluded Services”). There will also be additional services (“Additional Services”), which you may be able to purchase at an additional cost.

Unless otherwise disclosed, Professionals are deemed to be unlicensed. Notwithstanding, please note that in certain markets, counties or districts, your Professional may be required to have a license to perform certain Services. Accordingly, Customers must determine for themselves whether a Professional is qualified to perform the requested Service. Customers should consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional. Instasks will not be liable or responsible for securing licenses or for a Professional’s failure to obtain a license for a given Service.

ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. 

PROFESSIONALS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR SUBCONTRACTORS OF INSTASKS.

INSTASKS MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES. INSTASKS DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF SERVICES DELIVERED BY PROFESSIONALS.

INSTASKS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO CUSTOMERS BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANT OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, INSTASKS IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY PROFESSIONAL.

PROFESSIONAL REQUIREMENTS – BACKGROUND AND IDENTITY CHECK PROCESS

Instasks checks the backgrounds of each Professional using a third-party background check service that includes, but is not limited to, a sex offenders registry check, county, state, federal and national criminal records check, and domestic and international terrorist watchlist check. Instasks also requires each Professional to submit to Instasks a government-issued photo ID and a profile picture. Professionals hereby give consent to Instasks to conduct background checks as often as required in compliance with applicable law, including without limitation the Fair Credit Reporting Act.

Although Instasks performs background and identity checks on each Professional, Instasks cannot guarantee or confirm that each Professional is who they claim to be, and therefore, Instasks cannot and does not assume any responsibility for the accuracy or reliability of the identity or background check information or any information provided through the Service. 

YOU ACKNOWLEDGE AND AGREE THAT INSTASKS IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. FURTHER, INSTASKS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES. Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person with whom you do not know. Instasks’s sole liability with respect to the Services performed by Professionals is as set forth in the Instasks’ Assurance Program described below.

JOB FEES FOR SERVICES AND ADDITIONAL SERVICES; EXCLUDED SERVICES

Job Fee.   Customers shall be charged pursuant to the rates quoted via the Platform at the time the Service is scheduled (or prior to acceptance of a Counter-Bid or Additional Service)(“Job Fee”).  The Job Fee shall be based on the stated parameters of the Services and the location where such Services are to be performed.  Instasks has the authority and reserves the right to determine and modify pricing by posting revised applicable Job Fees to your market though the App or by applying advertised sales or promotional discounts to the posted Job Fees, which will be disclosed to you prior to your submission as a Customer or acceptance as a Professional of a Service request.

Job Fee – Customer. You are responsible for reviewing the applicable Job Fee prior to the submission or acceptance of a Service. Once you have agreed to the Job Fee as the Customer, you will be responsible for the incurred Job Fee charged under your User account regardless of your awareness of such Job Fees or the amounts thereof.

Job Fee – Professional. Similarly, as a Professional, you agree that the Job Fee for the Services that you perform shall be the amount disclosed to you prior to your acceptance of a Service regardless of your awareness of such Job Fees or the amount thereof.

Job Fee – Additional Services.  When all pre-scheduled Services are completed, the Users may agree to the performance of one or more additional Services (each, an “Additional Service” or “While You’re at It”) before a Professional departs the Customer’s location. Users may only schedule and accept an Additional Service if (i) the performance and completion thereof does not conflict with a Professional’s existing appointments; (ii) it is not an Excluded Service (as defined below); and (iii) does not violate these Terms of Use. The Job Fee for Additional Services shall be the rate agreed to by the Users as confirmed by both parties through the Platform, which Job Fee shall not exceed $400 for any single Additional Service. Additional Services that are not confirmed and paid for through the Platform will not be covered by the Instasks Quality Assurance Promise, as discussed below, and is a violation of the terms of this Agreement, which may result in the suspension or deactivation the User’s account(s).

Excluded Services.  Although Instasks strives to be a one-stop Platform for you, there are certain services that we simply cannot or will not provide or facilitate. Accordingly, Users hereby agree not to schedule or perform any of the following as Services or Additional Services through the Platform (collectively, the “Excluded Services”):

  • Services that make the User unsafe or uncomfortable;

  • Services that involve the handling of weapons, explosives or hazardous materials;

  • Services that involve the transportation of and ridesharing among our Users in any type of motor vehicle, aircraft or water craft; or

  • Any Service that is illegal or criminal in nature in the state or locality in which it is posted or takes place.

PAYMENTS

Instasks puts Users togethers. However, Instasks does not contract with nor is a party to any agreements reached between Users. Users of the Platform agree to or contract for the Services directly with each other. The Platform facilitates these agreements or contracts by supplying a medium through which Customers can connect with Professionals, schedule the Services, and make payments for the Services directly from the Customer to the Professional. Notwithstanding the foregoing, Customers may not circumvent the Platform by using the Platform to connect with Professionals and then engage those Professionals for Services outside of the Platform.

Payment Processing Service.  Instasks relies on a third-party payment processing service (“Processor”) to facilitate and process payment between Users for Services. Accordingly, you authorize us and the payment Processor retained by us to facilitate the transaction of the Services and the payment remittance of all applicable charges and fees between you and other Users and between you and us.  By agreeing to this Agreement, you agree to be bound by the Processor’s Agreement, as the same may be modified by the Processor from time to time.

Payment Processing – Accuracy of Your Information. In order to properly facilitate payment for the Services, each User is required to register a credit, debit or prepaid card or Charitable Voucher and each Professional is required to register using the Professional’s bank account details. Therefore, as a condition of Instasks facilitating payment processing services through the Processor, you agree to provide Instasks accurate and complete information about you and, if applicable, your business, and you authorize Instasks to share it and transaction information related to your use of the payment processing services provided by the Processor.

Customer Payments.  As a Customer, your payment will be charged a minimum payment of one hour for any job that is confirmed. Instasks will charge your credit, debit or prepaid card or Charitable Voucher according to the amount of all Services and Additional Services, if any, you scheduled through the Platform, which amount will include: (i) the Job Fee applicable to the Services or Additional Services that were provided to you by your Professional; (ii) any out of pocket expenses that were published in connection with the Services (e.g. disposal fees); (iii) any out of pocket expenses for materials, if any, agreed to by and between you and your Professional through the Platform; (iv) any tip or gratuity you elect to give to your Professional; and (v) a Platform Fee , which is used, in part, to offset the expense of providing you the Instasks Quality Assurance Promise, as discussed below. In addition, the Customer will be charged a deposit, which will equal the chargeable rate for the first hour of work. You hereby authorize us to charge the payment method you provided on file in your account for such amounts upon the earlier of your verification of the completion of the scheduled Services, if there is no filed complaint (as further defined herein) with respect to such Service or if such complaint has been otherwise resolved as determined by Instasks in its sole discretion. 

Instasks retains the right, in its sole discretion, to seek authorization of your selected payment method to verify the payment method, ensure that the Job Fee will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorized Job Fee exceed the funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. You agree that Instasks cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. 

RefundsExcept as stated herein, no refunds or credits will be provided once the Customer’s selected payment method has been charged or Charitable Voucher has been used. While Instasks will use commercially reasonable efforts to protect all payment method information and all other personal information, Instasks expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.

Taxes. The Job Fee quoted does not include and is exclusive of any state, local or federal taxes.  Instasks is not responsible or liable for any taxes incurred in connection with the Service excluding taxes on Instasks’ income. Customers will be liable for all transaction taxes on the Service(s) provided (other than taxes based on Instasks’ income).

Professional Payments.  As a Professional, you acknowledge and agree that you will not be paid until you and the Customer verify that the Services are complete. The services are complete when the provider uploads the final task pictures. Only upon your satisfactory performance of the Service and any Additional Services for the Customers as an self-employed service Professional through the Platform, and upon the Customer’s payment for such Services, you will receive the following: (i) the applicable Job Fee for the Service and any Additional Services (net of the applicable Use Fee, as discussed below); (ii) any out-of-pocket expenses that were published in connection with a Service, including disposal fees that may be subject to modification by a Professional in his or her sole discretion; and (iii) any tip or gratuity provided to you by the Customer (collectively, the “Professional Payment”), which will be communicated to you through the Site. Instasks will process all Professional Payments due to you through its third-party payments processor. You acknowledge and agree the Professional Payment shall not include any interest and will be net of any amounts that Instasks is required to withhold by law or pursuant to these Terms of Use. You expressly authorize Instasks to pre-set the prices on your behalf for all Job Fees that apply to the provision of Services that you provide through the Platform. 

Out of Pocket Expenses Agreed Upon Outside of the Platform. Any out of pocket expenses for materials that are not included in the original Job Fee must be agreed upon between Professional and Customer in writing and prior to the incurring of such expense.

Materials. If a Customer requests the Professional to pick up materials the customer will be charged a $20 delivery fee. 

Job Fee Adjustment. Notwithstanding the above, Professionals may request an adjustment of their applicable Job Fees upon written notice to Instasks. Nothing set forth herein shall prohibit or otherwise restrict Professionals from negotiating Additional Services with a Customer.  Instasks reserves the right to withhold all or a portion of Job Fees if it believes that you have attempted to defraud or abuse Instasks or Instasks’ payment systems.

Professional – Use Fee. Except as stated elsewhere in these Terms of Use or with regard to Large Project Professionals (as defined below), as a Professional, in exchange for permitting you to offer your services through the Platform and utilize the ancillary services and benefits thereof, you agree to pay Instasks a percentage of the Job Fee on each transaction in which you provide Services and, if any, Additional Services (the “Use Fee”). The amount of the applicable Use Fee will be determined by the category and market location of the job and will be communicated to you via your Professional Dashboard. Instasks reserves the right to change the Use Fee at any time in Instasks’s sole and absolute discretion. Continued use of the Platform after any such change in the Use Fee calculation shall constitute your consent to such change.

Professionals – Large Projects membership fee. Certain Professionals shall qualify to provide Customers large projects (“Large Project Professionals”). Large Project Professionals shall be charged a background check fee of $35.00. Any professionals working through instasks platform that is employed by any third party companies. for any of its agents, sub-contractors or employees utilized in the performances of Services. Further, Large Project Professionals shall be charged an annual fee of $75.00. membership fee. You may cancel the reoccurring membership fee payment within 30 days prior to expiration.

INSTASKS ASSURANCE PROGRAM

Our Instasks Assurance Program (“Program”) is Instasks Promise to the Customer that the Service you order and pay for will be performed by the Professional as described in the description of the Service when you ordered it. If you have ordered and paid for a Service but you believe the Service was not performed in accordance with the Promise you must report the issue within twenty-four (24) hours of the Service appointment to ____contact@instasks.com_and respond to all follow up questions requested of you from Instasks (or any third party selected by Instasks to assist with the Promise), and you may be eligible for certain remedies (“Remedies”), as set forth below. YOUR ENTITLEMENT TO ANY REMEDIES WILL BE AT THE SOLE DISCRETION OF INSTASKS AND WILL DEPEND ON A) THE TIMING OF YOUR COMPLAINT, B) THE PROFESSIONALS ACCOUNT OF THE SERVICE PROVIDED; AND C) THE ACCURAC OF YOUR COMPLAINT.

Program – Customers: Complaints and Remedies

The Remedies for which you may be eligible are as follows: 

  1. In order for you to qualify for the Remedies, you will need to file a Complaint via _contact@instasks.com_______.  The Complaint must identify: i) clients name ii) your providers name, account number..iii) iii) the date of service; and iv) a brief and accurate description of the reasons for your Complaint.

  2. The Complaint must be submitted to us via email prior to fourteen (14) calendar days after the Job completion. We will respond within 24 to 48 hours.

  3. If Instasks determines that a Service does not meet the Program, Instasks will, in its sole discretion, either refund up to $200 of the Job Fee.  Job Fee paid by you, or have the applicable Service re-performed.

  4. The Remedies due pursuant to the Program limited to any payment you made for the Service. The Program does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Services. To be clear, the Program does not apply to any payments made for Services not scheduled and paid for through the Platform. THIS SECTION STATES INSTASKS’S SOLE AND EXCLUSIVE LIABILITY, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.  THE PROMISE IS NOT INTENDED TO BE INSURANCE OR A WARRANTY.

Instasks reserves the right in its sole discretion to eliminate the Program altogether or to modify its terms at any time, effective with or without notice and without any liability to Instasks, although Instasks will endeavor to post notification of any material changes. 

Program – Professionals: Chargebacks

For any Service provided via the Platform, Professional, at Instasks sole discretion, shall immediately, upon Instasks demand, repay to Instasks any Job Fee received from a Customer: a) upon a Complaint filed by Customer with Instasks regarding any Service provided by the Professional, should Instasks find that the Service was not completed as set forth in the Platform or as agreed upon, in writing, between Professional and Customer; b) if Professional negligently, knowingly or intentionally misrepresented Professional’s qualifications to perform the Services; c) for any loss or damage caused by the Professional to Customer’s property, whether such loss or damage was caused by Professional or Professional’s employees’, agents’ or sub-contractors’ negligence, gross negligence or intentional conduct; d) for any loss or damage to Customer’s property due to theft; and e) for Professional’s failure to complete the Service.

SERVICE CANCELLATION

Instasks’ cancellation policy for specific Services is as follows:

Cancellation by Customer. As a Customer, you may cancel your scheduled Service appointments through the App at any time, subject to the following:

  1. If you cancel the same day of your Service appointment, you will be charged a $35.OO cancelation fee.  

  2. Cancellation of Services to be Performed by Large Project Professionals. If your Services are to be performed by a Large Project Professional, in addition to the cancellation fees due herein, you may be subject to the Large Project Professional’s cancellation policies. These policies may include additional cancellation fees. YOU WILL BE SOLELY RESPONSIBLE, AND YOU SHALL NOT LOOK TO INSTASKS FOR REIMBURSEMENT FOR, ANY LARGE PROJECT PROFESSIONAL’S CANCELLATION FEE. PLEASE BE SURE TO READ THE LARGE PROJECT PROFESSIONAL’S CANCELLATION POLICIES.

Cancellation by Professional. As a Professional, although you may cancel your scheduled Service appointments through the App if necessary, please understand that your cancellations are serious matters and may result in the suspension or deactivation of your Professional Account. If you are more than 15 minutes late for a scheduled appointment (note: the scheduled time for a “Now” appointment is 1 hour from the time you are selected by your Customer) or fail to complete a scheduled Service, you shall be deemed to have cancelled such appointment. When you cancel a scheduled Service appointment, the Platform generally notifies your Customer to resubmit the request for Service. Instasks cannot guarantee that a cancelled Service appointment will be selected by another Professional and rescheduled or that the Service request will be completed. Thus, your cancellation or failure to timely show up to perform a scheduled appointment could negatively impact your Customer and the Platform. As a result, such conduct may adversely impact your rating among Customers.

PLEASE BE ADVISED THAT YOUR CANCELLATION OF (A) ANY “QUICK TASKS” APPOINTMENTS, (B) ANY SCHEDULED TASKS ON LESS THAN 24 HOURS NOTICE, OR (C) TWO OR MORE SCHEDULED APPOINTMENTS WITHIN A 30-DAY PERIOD IS A VIOLATION OF THE TERMS OF THIS AGREEMENT, WHICH MAY RESULT IN THE SUSPENSION OR DEACTIVATION OF YOUR PROFESSIONAL ACCOUNT.

PROFESSIONAL FEES

MEMBERSHIP FEE: As a Professional, you are required to pay an annual membership fee of $75 (“MEMBERSHIP FEE”). The Membership Fee shall be debited from your account automatically.  Be consenting to be a Provider, you authorize us to debit the membership fee from your account.  You acknowledge that Instasks reserves the right, at any time, to modify its membership Fees and billing methods.

Background Services Fee. In addition, in consideration for being one of our Providers, you consent to having  background check completed by a third party certified background check company. The fee of $35 will be completed solely through a third party and not with Instasks.

RATINGS

To help maintain the quality of the Platform, Users ( Providers) will have the opportunity to rate each other after the completion of Services. If you rate your Professional or Customer with less than 3 stars, such User will be excluded from your future Service requests. Customers will see Professional ratings before selecting a Professional for a job so each rating a Customer gives can have an impact on that Professional’s future on the Platform. 

 Communication

By becoming a User, you expressly consent and agree to accept and receive electronic and other communications from us, including via email, text message, calls, and push notifications to the telephone number or email address you provided to us that may or may not be promotional in nature, as further described in our Privacy Policy, from any device, including a device that is or is capable of being an automatic telephone dialing system.

If you wish to opt out of promotional emails, text messages, or other communications, you may opt out by following the unsubscribe options provided to you in such promotional communications. 

You may opt out of receiving non-promotional communications from us at any time by deactivating your account. You may continue to receive text messages for a period of time while Instasks works to deactivate your account, and you may also receive text messages confirming the deactivation of your account. You consent to receive autodialed or prerecorded calls from us at the telephone number that you have provided to us to: (a) facilitate communications among Users; or (b) otherwise provide our services or enforce these Terms of Use. You are not required to provide your consent to these calls as a condition of purchase on the Platform. Standard telephone minute charges may apply from your telephone service provider.

Instasks may, without further notice or warning and in our discretion, monitor or record telephone conversations that Instasks have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights.  Instasks may, without further notice or warning, and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages betInstasksen and among Users that occur through the Platform for our business purposes, including to provide and improve customer service and the Platform, fraud prevention, and to identify violations of this Agreement.

LOCATION COORDINATES

To schedule and accept Services, you must possess an iOS or Android smartphone capable of accessing the Platform (the “Mobile Device”). As a Professional, you hereby acknowledge and consent to Instasks’ collection of the latitude and longitude location (“Location Coordinates”) of your Mobile Device so that Instasks can provide our services to you and the Customers. For example, Instasks may collect Location Coordinates when you select “Reserve Now” to Site” or equivalent on the App for the purpose of providing support in case you and the Customer cannot find each other and ending upon your notification to the Customer and Instasks that you arrived at the Service location by selecting “Arrived!” or the equivalent on the App (the “Tracking Period”). In addition, while in Professional mode, Instasks collects the Location Coordinates of the Mobile Device on which the Platform is installed for other purposes, including for the purpose of referring Services to you from potential Customers in your vicinity, protecting the safety of Customers and Professionals, and for legal purposes (such as to enforce our agreements). Instasks does not collect or use Location Coordinates data for the purpose of controlling or monitoring the manner and means by which you provide the Services contemplated by this Agreement, or the frequency with which you use the Platform to book Services. By executing this Agreement, you agree to the use and disclosure of Location Coordinates information as described above.

ACCESSING THE PLATFORM AND ACCOUNT SECURITY

Access.  Instasks reserves the right to withdraw or amend the Platform, and any service Instasks provides on the Platform in our sole discretion without notice.  From time to time, Instasks may restrict access to some parts of the Platform, or the entire Platform, to Users for any reason or no reason. Instasks will not be liable if for any reason that all or any part of the Platform is unavailable at any time or for any period.  

Account Security.  You are responsible for:

  • Making all arrangements necessary for you to have access to the Platform; and

  • Ensuring that all persons who access the Platform through your account are aware of this Agreement and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. You may register to use the Platform by using your existing Facebook or Google account and log-in credentials (your “Third Party Site Password”). It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions Instasks take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password or other security information, including Third Party Site Password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Instasks has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

RELEASE

THE SERVICE IS ONLY A VENUE FOR CONNECTING USERS. UNLESS OTHERWISE STATED, INSTASKS IS NOT AFFILIATED WITH ANY CARRIER, PROFESSIONAL, OR THIRD PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER, PROFESSIONAL, OR THIRD PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETINSTASKSEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE INSTASKS (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 

LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS

The Platform is licensed, not sold, to you for use only under these Terms of Use. Subject to your complete and ongoing compliance with the terms and conditions of these Terms of Use, Instasks hereby grants you a personal, limited, revocable, non-transferable, non-exclusive, non-commercial, non-sublicensable license to: (a) use the App on compatible, authorized devices that you own or control; and (b) access and use the website and Internet Services-in each case solely for your own use or for the entity on whose behalf you are authorized to act.

You may not modify, alter, reproduce, or distribute the Platform. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Platform. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service), nor attempt to disable or circumvent any security or other technological measure designed to protect the Platform or any content available through the Platform.

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Instasks, its licensors or other Providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

Except as permitted herein, you must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you breach these license restrictions or otherwise exceed the scope of the licenses granted in this Agreement, including, without limitation, the App License, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, your right to use the Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and Instasks reserves all rights not expressly granted. Any use of the Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

PROHIBITED USES

You may use the Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Platform:

  • In any way that violates this Agreement, or any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  •  For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  •  To impersonate or attempt to impersonate Instasks, a Instasks employee, another User or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Instasks or Users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.

  • Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Platform.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Platform.

  • use the Platform in any manner that misappropriates or violates any third party’s rights, including, but not limited to, transmitting any content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;

  • allow third parties on your behalf to (i) make and distribute copies of the Platform (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Platform; or (iii) create derivative works of the Platform of any kind whatsoever.

  • use the Platform or its content for any purposes not authorized by this Agreement, including commercial, political, or religious purposes, including the submission or transmission of any content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;

  • reproduce, duplicate, copy, modify, sell, re-sell or exploit any content or the Platform for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Instasks, which consent may be withheld by Instasks in our sole discretion;

  • post irrelevant content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;

  • harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Instasks, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;

  • knowingly provide or submit false or misleading information;

  • post photographs of any minor children without the parent’s or guardian’s consent;

  • take any action that would undermine the review and rating process under the Platform;

  • attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;

  • sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under this Agreement;

  • Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform;

  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or

  • Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform.

DIGITAL MILLENNIUM COPYRIGHT ACT

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Instasks will respond promptly to claims of copyright or trademark infringement that are reported to the agent that Instasks have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

Instasks, Inc.

INSERT ADDRESS

If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;

  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  • information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;

  • a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and

  • a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Instasks will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

USAGE BY CHILDREN UNDER 13

Instasks cannot prohibit minors from visiting this site.  Instasks must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.

Instasks requires that all purchases be made either: (i) by individuals 18 years of age or older, or (ii) by minors under 13, through a Instasks authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT INSTASKS, YOU ARE REPRESENTING TO INSTASKS THAT YOU ARE EITHER (I) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 18 WHO IS PURCHASING THROUGH A INSTASKS AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

MONITORING AND ENFORCEMENT

Instasks have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that Instasks deem necessary or appropriate in our sole discretion, including if Instasks believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Platform or the public or could create liability for Instasks.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.

  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, Instasks has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS INSTASKS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

To the fullest extent permitted under applicable law, Instasks is under no obligation to edit or control User Contributions that you or other Users post or publish, and Instasks expressly disclaims any and all liability in connection with User Contributions. Instasks may, at any time and without prior notice, screen, remove, edit, or block any User Contributions that in our sole judgment violates these Terms of Use or are otherwise objectionable. You understand that when using the Platform you will be exposed to User Contributions from a variety of sources and acknowledge that User Contributions may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Instasks with respect to User Contributions.

USER DISPUTES.

Instasks understands that occasionally disputes may arise between or among our Users. In the event a dispute initiated by either a Professional or a Customer cannot be resolved independently, you hereby agree, at Instasks’ request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Instasks or a neutral third-party mediator or arbitrator selected by Instasks. Notwithstanding the foregoing, you acknowledge and agree that Instasks is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.

PROFESSIONAL PROVISIONS

Insurance – General.  As a Professional, you acknowledge and agree that it is your responsibility to maintain in full force and effect any and all insurance required by law for the particular Service you will provide. This includes any insurance required by law for any employees, agents, contractors or subcontractors used by you in the Performance of the Services, including general liability insurance, sufficient to protect and indemnify Instasks and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of you or your assistants, agents, contractors, servants, or employees.

Insurance – Large Project Professionals. In addition to the above, Large Project Professionals shall maintain adequate workers’ compensation insurance for any employee, agent, contractor or subcontractor utilized and/or employed in the performance of a Service, as well as, unemployment, liability, and other forms of insurance with policy limits sufficient to protect and indemnify Instasks and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of you or your assistants, agents, contractors, servants, or employees. All third party employees must submit a backround check certificate through the on line third party backround check company.

Professional Assistants.  Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by a Professional, the Professional shall require any such individuals to become a registered, approved Professional on the Platform pursuant to Instasks policies as described herein.  Professionals that utilize non-registered, non-approved personnel to assist with a Service could have their permission to access the Platform revoked. Each Professional assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required and applicable state and federal income tax withholdings as to the Professional and all persons engaged by the Professional in the performance of the Services.

Equipment.  As a Professional, you are solely responsible for any costs or expenses incurred by you in connection with the performance of the Services, and in no event shall Instasks reimburse, or be required to reimburse, you for any tools, materials, costs or expenses used in connection with the Services. You shall furnish and maintain, at your own expense, the tools, equipment, supplies, and other materials used to perform the Services. You, at your sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials. At your request, Instasks may offer to you certain equipment, supplies, and materials for purchase. You are not required to purchase any equipment, tools, supplies, or materials from Instasks at any time.   All Professionals are responsible for tools and equipment to perform the task.  All Customers are responsible to supply all required materials and/or items to be assembled or replaced.

Representations.  By providing Services as a Professional on the Platform, you represent, warrant, and agree that: (i) you are solely responsible for obtaining the necessary licenses and/or certifications for performance of the Services or Additional Services; (ii) you will not transfer or sell your User account, password and/or identification to any other party; (iii) you will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages; (iv) you will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions; (v) you will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you; (vi) you will not attempt to defraud Instasks or a Customer in connection with your provision of Services or Additional Services; and (vii) you will not demand that a Customer pay in cash, or use a credit card reader or other off-platform payment service, to accept payment for Services or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

Employees: As a Professional, you will take reasonable care and perform due diligence to ensure that all employees, agents, leased employees and hires brought on to a Job do not have a criminal history and are not under the influence of any substances, such as alcohol or narcotics.  

Reimbursement of Resolution Costs.  Notwithstanding anything set forth herein to the contrary, you further represent, warrant, and agree (i) to pay all reasonable out-of-pocket expenses incurred by Instasks in connection with the resolution of any property damage, Complaints or other claims resulting from a Service you performed for a Customer, and (ii) that Instasks shall have the right to suspend your Professional account until it has received payment in full for all such reimbursable amounts. 

Non-Circumvention.  Within six (6) months after the last time Professional provides Services to a Customer as arranged though the Platform, Professional agrees not to provide any services to the same Customer other than as arranged through the Platform. Professional shall be liable for the fees set forth in Section 4 for all services provided to Customers in breach of the previous sentence, in addition to all other remedies provided by this Agreement and applicable law, including injunctive relief. Professional agrees to indemnify Instasks from any attorneys’ fees and costs it incurs in collecting its fees from a Professional that breaches this non-circumvention provision.

THIRD PARTY SERVICES, CHARITABLE ORGANIZATION PROGRAMS, THIRD PARTY FEES, AND LINKED WEBSITES

Access to Third Party Services.  The Platform may provide you with access to third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, or charitable donation programs (collectively, “Third Party Services”), and may enable you to export information or content, including your or other Users’ User Contributions, to Third Party Services such as Twitter or Facebook, through a feature of the Platform. By using one of these features, you agree that Instasks may transfer that information or User Contribution to the applicable Third Party Service. Instasks does not have or maintain any control over Third Party Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise displaying information from or providing access to any Third Party Services, Instasks does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by those Third Party Services.

Disclaimer of Liability for Third Party Services.  Third Party Services may have their own terms of use and privacy policy, and your use of the Platform may incur third-party fees, such as fees charged by your mobile carrier for data usage. You are solely responsible for reviewing and complying with any terms of use, privacy policy or other terms governing your use of Third Party Services, and you are solely responsible for all Third Party Services’ fees incurred by you for use of the Platform. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services and to protect your computer systems from viruses, worms, trojan horses and other harmful or destructive content that may be included on or with any Third Party Services. Instasks disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against Instasks with respect to any Third Party Services.

Additional Notice for Google Maps. The Platform may provide access to Google’s Maps service. By using the Platform and accessing the Google’s Maps service, you are explicitly agreeing to be bound by the Google Maps/Google Earth Additional Terms of Use (including the Google Privacy Policy).

THIRD PARTY SOFTWARE

Software you download in connection with the Platform consists of a package of components that may include certain third-party software (“Third Party Software”) provided under separate license terms (the “Third Party Terms”). Your use of the Third Party Software in conjunction with the Platform in a manner consistent with these Terms of Use is permitted; however, you may have broader rights under the applicable Third Party Terms, and nothing in these Terms of Use is intended to impose further restrictions on your use of the Third Party Software.

TERMS AND TERMINATION

This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the Platform or participation in the Services at any time, for any reason. Instasks may suspend or deactivate your User account (either as a Professional and/or Customer), or revoke your permission to access the Platform, at any time, for any reason, upon notice to you. Instasks reserves the right to refuse access to the Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. The terms of this Agreement, and any subsequent modifications of this Agreement, shall remain in effect at all times after you or Instasks terminates your participation or access to the Platform or Services.

CHANGES TO THE PLATFORM

Instasks may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and Instasks is under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE PLATFORM

All information Instasks collects on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

CONFIDENTIAL INFORMATION

Instasks’ Confidential Information.  You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Instasks and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Instasks in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Instasks upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Instasks’ trade secrets, confidential and proprietary information and all other information and data of Instasks that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

Customer’s Confidential Information.  As a Professional, you understand that in performing the Services, you will receive certain private and/or confidential information regarding the Customer and will have access to their homes and personal belongings. Except upon order of government authority (e.g., court, administrative agency) having jurisdiction, or upon express written consent by the Customer, you agree that you shall not publish, disseminate or disclose, for your own benefit or the benefit of any third party, any confidential information regarding the Customer, including addresses, telephone numbers and/or financial information. You further agree not to engage in any activity which violates the privacy of any Customers, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of Customers or their homes or their personal belongings; or publishing, disseminating or disclosing any such photographs or recordings. You acknowledge that your failure to comply with the foregoing shall constitute a material breach of this Agreement.

DISCLAIMER OF WARRANTIES

You understand that Instasks cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. INSTASKS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER INSTASKS NOR ANY PERSON ASSOCIATED WITH INSTASKS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER INSTASKS NOR ANYONE ASSOCIATED WITH INSTASKS REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

INSTASKS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL INSTASKS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE AGGREGATE LIABILITY OF INSTASKS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO INSTASKS FOR ACCESS TO AND USE OF PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO CLAIM; OR (B) $100.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETINSTASKSEN THE PARTIES UNDER THESE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETINSTASKSEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION 28 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Instasks, its affiliates, licensors and service Professionals, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including, but not limited to, any use of the Platform’s content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Platform.

DISPUTE RESOLUTION; ARBITRATION OF CLAIMS

Generally, in the interest of resolving disputes between you and Instasks in the most expedient and cost effective manner, YOU AND INSTASKS MUTUALLY AGREE THAT EVERY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement (collectively, “Claim”). YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND INSTASKS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Exceptions.  Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator.  You and Instasks agree that any Claim shall be arbitrated by a single arbitrator on an individual basis and not as a class action.  You may choose one of the following arbitration organizations and its applicable rules: the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), The American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), or any other organization that the parties may choose subject to mutual approval. If the parties cannot agree, the Instasks shall choose. You can obtain a copy of the rules of these organizations by contacting the arbitration organization or visiting its website.  Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The Arbitrator shall apply governing substantive law in making an award. The arbitrator’s award shall be final and binding on all parties.

Notice; Process.  A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice”). Instasks’s address for Notice is: Instasks, Inc., 307 Southgate Court, Brentwood, TN 37027, Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Instasks may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Instasks must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Instasks will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Instasks in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

Fees.  The arbitrator’s fees and administrative fees, but not the filing fees, shall be divided evenly by the parties. Instasks shall advance your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $2500, which may be reimbursed by decision of the arbitrator at the arbitrator’s discretion.  The prevailing party shall be entitled to recover all Arbitration fees described herein, as costs to the extent paid and/or due and owing from such party, and shall be entitled to enforce the award in a circuit court of competent jurisdiction.

No Class Actions.  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND INSTASKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Instasks agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permitted under applicable law.

Modifications to this Arbitration Provision.  If Instasks makes any future change to this arbitration provision, other than a change to Instasks’ address for Notice, you may reject the change by sending us written notice within 30 days of the change to Instasks’ address for Notice, in which case your account with Instasks will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability.  If any part of this section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in this Agreement will govern any action arising out of or related to this Agreement. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

GOVERNING LAW; JURISDICTION

Except as set forth in “Dispute Resolution; Arbitration of Claims,” above, this Agreement is governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflict of law. For all disputes, not subject to arbitration, you agree to submit to the personal jurisdiction and venue of the courts located within Miami-Dade County, Florida, and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No waiver by Instasks of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Instasks to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Instasks with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

ASSIGNMENT

This Agreement may not be assigned or transferred by you without Instasks’ prior written consent. You agree that this Agreement and all incorporated agreements may be automatically assigned by Instasks, in its sole discretion, in accordance with the “Notice” section of this Agreement.

NO AGENCY

You and Instasks are independent contractors, and no agency, partnership, joint venture, employer-employee, contractor-subcontractor, or franchisor-franchisee relationship is intended or created by this Agreement.

COMMENTS AND CONCERNS

All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: [insert address]

NOTICE REGARDING APPLE

If you are using our mobile applications on an iOS device, the terms of this Section 38 apply. You acknowledge that these Terms of Use are between you and Instasks only, not with Apple, and Apple is not responsible for the Platform or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Platform. If the Platform fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Platform. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Platform, including: (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Platform or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Platform. Apple and Apple’s subsidiaries are third-party beneficiaries of Section 38 of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 38 of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

NOTICES

Except as explicitly stated otherwise, any notice to Instasks shall be given by certified mail, postage prepaid and return receipt requested to:

Instasks LLC.  P.O.BOX 653405 Miami, Fl 33265

Such notices shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the Platform or given to you via the email address you provided to Instasks during the registration process or as otherwise listed in your User or Professional account, and such notice shall be deemed given immediately upon sending. Alternatively, Instasks may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Instasks during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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