Terms & Conditions
Effective Date: January 01, 2020
MATERIAL TERMS AND NOTICES
you acknowledge the following:
- The ZuriTap Platform connects you to other Users. You are neither an employee nor subcontractor of ZuriTap;
- The use of the ZuriTap Platform may be subject to separate third-party terms of service and fees, including, without limitation, such 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 agree not to circumvent the ZuriTap Platform by soliciting, scheduling and/or paying for Services and/or Additional Services outside the Platform;
- The ZuriTap Platform is provided “as is” without warranties of any kind, and ZuriTap’s liability to you is limited regarding the performance of Services;
- ZuriTap provides Users the ZuriTap Guarantee (Section 6) to ensure your satisfaction with your Platform experience;
- Access to certain features of the ZuriTap Platform may require access to information about the location of your device, such as GPS coordinates and Geofencing;
- We 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 Section 2) that occur through the ZuriTap Platform for our business purposes, including to provide and improve customer service and the ZuriTap Platform, fraud prevention, and to identify violations of this Agreement;
2. ZuriTap Platform Connects Users
For purposes of this Agreement, the services provided by Providers to their Customers that are scheduled through the ZuriTap Platform shall be referred to as the "Services.” Services specifically do not comprise “Excluded Services” (particular jobs deemed ineligible for scheduling or performing through the ZuriTap Platform due to applicable licensing/permitting regulations and other similar requirements). ZuriTap reserves the right to alter, modify and remove Service requests.
Unless otherwise disclosed, Providers are deemed to be unlicensed. Please note that in certain markets Provider may be required to have a license to perform certain Services that will exceed a monetary threshold. For example, regulations applicable in certain markets require a license for work that will total more than $500.00. Accordingly, Customers must determine for themselves whether a Provider 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.
Services ordered through the ZuriTap platform may include installation, and/or assembly of furniture or other items obtained from a third party (“Merchandise”). ZuriTap does not provide and is not responsible for Merchandise and does not itself provide the Services.
ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE ZURITAP PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. IT IS ENTIRELY UP TO THE CUSTOMER TO EVALUATE THE PROVIDER AND THE PROVIDER’S QUALIFICATIONS, AND UP TO THE PROVIDER TO EVALUATE THE JOB ORDERED. EACH SERVICE PROVIDED BY A PROVIDER TO A CUSTOMER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT PROVIDER AND CUSTOMER. PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR SUBCONTRACTORS OF ZURITAP. ZURITAP 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. ZURITAP DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF SERVICES DELIVERED BY PROVIDERS. ZURITAP HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO CUSTOMERS BY PROVIDERS, 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, ZURITAP IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY PROVIDER.
3. Provider Background and Identity Check Process
Unless otherwise disclosed, ZuriTap checks the backgrounds of each Provider using third-party background check services that include, but are not limited to, a sex offenders registry check, county, state, federal and national criminal records check; and domestic and international terrorist watchlist check. ZuriTap also requires each Provider to submit to ZuriTap a government-issued photo ID and a profile picture. Providers hereby give consent to ZuriTap to conduct background checks as often as required in compliance with applicable law, including without limitation the Fair Credit Reporting Act. Although ZuriTap performs background and identity checks on each Provider, ZuriTap cannot confirm that each Provider is who they claim to be, and therefore, ZuriTap 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. ZuriTap cannot and does not guarantee that a Provider’s profile and background check information are current and up to date.
YOU ACKNOWLEDGE AND AGREE THAT ZURITAP IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. ZURITAP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROVIDERS, 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. ZuriTap’s sole liability with respect to the Services performed by Providers is as set forth in the ZuriTap Guarantee described in Section 6.
4. Job Fees for Services and Additional Services; Excluded Services
a. Job Fee. Customers shall be charged pursuant to the rates quoted via the ZuriTap Platform at the time the Service is scheduled or , which shall be based on either: (i) the stated parameters of the Services and the location where such Services are to be performed; or (ii) a modified price proposed directly from a Provider when they arrive at the site(the "Job Fee”). If applicable, the Job Fee shall include a variable fee for additional mileage traveled beyond a minimum set distance to complete a Services. To determine such mileage fee, we use the Google Maps service to pre-calculate the distance between the Customer-provided addresses for service delivery, which may differ from the actual mileage driven by a Provider to complete a Service. ZuriTap 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 Provider of a Service request. You are responsible for reviewing the applicable Job Fee prior to the submission or acceptance of a Service. As a Customer, you shall be responsible for all incurred Job Fees charged under your User account regardless of your awareness of such Job Fees or the amounts thereof. Similarly, as a Provider, you agree that the Job Fees 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. Some services will be fixed and others will be fixed by the providers.
c. Excluded Services. Users hereby agree not to schedule or perform any of the following as Services or Additional Services through the ZuriTap Platform (collectively, the "Excluded Services"):
• Services that require a permit, including, but not limited to, remodeling, plumbing and electrical projects;
• Services that requires a license or certificate;
• Services that are professional services, including, but not limited to, services performed by lawyers, actuaries, accountants, architects, engineers, health professionals, medical professionals, financial advisers, management consultants, or investment advisors;
• Services related to eldercare or lifeguarding services;
• Services that are performed more than 10 feet above the ground;
• 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.
Users of the ZuriTap Platform contract for the Services directly with other Users. ZuriTap is not a party to any contracts for the Services. The ZuriTap Platform facilitates these contracts by supplying a medium through which Customers can connect with Providers, schedule and book the Services, and make payments for the Services directly from the Customer to the Provider. Notwithstanding the foregoing, Customers may not circumvent the ZuriTap Platform by using the ZuriTapPlatform to connect with Providers and then engage those Providers for Services outside of the ZuriTap Platform.
a. Payment Processing Service. To facilitate payment for the Services, each User is required to register a credit, debit or prepaid card and each Provider is required to register using the Provider's bank account details or debit card information. You authorize ZuriTap and the payment processing service retained by us (currently, Stripe and flutterwave) 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. All payments transacted through Stripe shall be subject to the Stripe Connected Account Agreement, located at https://stripe.com/connect/account-terms, and https://flutterwave.com/privacy-policy which includes the Stripe Terms of Service, located https://flutterwave.com/terms-of-service/ and at https://stripe.com/us/terms (collectively, the "Stripe Services Agreement" and “flutterwave”). By agreeing to these Agreement, you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe and Flutterwave from time to time. As a condition of ZuriTap facilitating payment processing services through Stripe and flutterwave, you agree to provide ZuriTap accurate and complete information about you and, if applicable, your business, and you authorize ZuriTap to share it and transaction information related to your use of the payment processing services provided by Stripe and flutterwave.
b. Customer Payments. As a Customer, we will charge your credit, debit or prepaid card according to the amount of all Services and Additional Services, if any, you scheduled through the ZuriTap Platform, which amount will include: (i) the Job Fee applicable to the Services or Additional Services that were provided to you by your Provider; (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 Provider through the ZuriTap Platform; (iv) any tip or gratuity you elect to give to your Provider; and (v) a platform fee (a/k/a Service Fee) of up to nine percent (9%), which is used, in part, to offset the expense of providing you the ZuriTap Guarantee set forth in Section 6. You hereby authorize us to charge the payment method on file in your account for such amounts upon the earlier of your verification of the completion of the scheduled Services or as soon as two (2) hours after a Service is completed, if there is no filed complaint with respect to such Service or if such complaint has been otherwise resolved as determined by ZuriTap in its sole discretion. We retain the right, in our sole discretion, to seek authorization of your selected payment method to verify the payment method, ensure that all fees related to your order 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 authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Except for the ZuriTap Guarantee, no refunds or credits will be provided once the Customer's selected payment method has been charged or Voucher has been used. While we will use commercially reasonable efforts to protect all payment method information and all other personal information, we 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. The Job Fee quoted is exclusive of taxes. ZuriTap is not responsible or liable for any taxes incurred in connection with the Service excluding taxes on ZuriTap's income. Customers will be liable for all transaction taxes on the Service(s) provided (other than taxes based on ZuriTap's income).
c. Provider Payments. As a Provider, upon your satisfactory performance of a Service and any Additional Services for the Customers as an self-employed service provider through the ZuriTap 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 Provider in his or her sole discretion; (iii) any out of pocket expenses for materials and related delivery fee, if any, as agreed to by you and the Customer through the ZuriTap Platform; and (iv) any tip or gratuity provided to you by the Customer (collectively, the "Provider Payment"), which will be communicated to you through the Site. ZuriTap will process all Provider Payments due to you through its third-party payment’s processor. You acknowledge and agree the Provider Payment shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize ZuriTap to pre-set the prices on your behalf for all Job Fees that apply to the provision of Services that you provide through the ZuriTap Platform.
Providers may request an adjustment of their applicable Job Fees upon written notice to the attention of ZuriTap’s General Counsel. Nothing set forth herein shall prohibit or otherwise restrict Providers from negotiating Additional Services with a Customer. ZuriTap reserves the right to withhold all or a portion of Job Fees if it believes that you have attempted to defraud or abuse ZuriTap or ZuriTap's payment systems.
i. Use Fee. As a Provider, in exchange for permitting you to offer your services through the ZuriTap Platform and utilize the ancillary services and benefits thereof, you agree to pay ZuriTap (and permit ZuriTap to retain) a fee based on 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 Provider Dashboard. ZuriTap reserves the right to change the Use Fee at any time in ZuriTap's sole and absolute discretion. Continued use of the ZuriTap Platform after any such change in the Use Fee calculation shall constitute your consent to such change.
d. Promotions. ZuriTap, at its sole discretion, may make available promotions with different features to any of our Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with ZuriTap. You are not required to participate in promotions. BY PARTICIPATING IN ANY PROMOTIONAL ACTIVITY VIA THE ZURITAP PLATFORM, YOU ARE AGREEING TO ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE PROMOTIONAL ACTIVITY, including the following:
e. Instant Payout. ZuriTap, at its sole discretion, may present Providers with the opportunity to elect to receive their Provider Payments through ZuriTap’s Instant Payout feature. If you enable the Instant Payout feature in your Provider Dashboard, you acknowledge that you will be charged a fee for this Instant Payout service as described by ZuriTap prior to confirmation. You understand that (i) your financial institution may not support Instant Payout, (ii) ZuriTap and Stripe make no guarantee concerning how quickly Instant Payout payments will settle with your account, and (iii) not all payments through the ZuriTap Platform are eligible for Instant Payout.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (a) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE PROMOTION; (b) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (c) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTIONAL ACTIVITY; (d) TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTIONAL ACTIVITY OR THE PROCESSING OF ENTRIES; OR (e) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY THAT MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR (OR ANY OTHER ENTRANT'S) PARTICIPATION IN THE PROMOTIONAL ACTIVITY OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
6. ZuriTap Guarantee
Our ZuriTap Guarantee is that the Service you order and pay for will be performed 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 ZuriTap Guarantee you must report the issue within twenty-four (24) hours of the Service appointment’s completion to our Support Center at email@example.com and respond to all follow up questions requested of you from the Support Center, at which point you may be eligible for the ZuriTap Guarantee Remedies. The "ZuriTap Guarantee Remedies" are as follows: if we determine that a Service does not meet the ZuriTap Guarantee we will, in our sole discretion, either refund (in part or in full) the payment you actually made for such Service, or have the applicable Service re-performed. If the Service is re-performed but we determine the re-performance still does not meet the ZuriTap Guarantee, we will refund the payment actually made by the Customer for such Service. The amount of the ZuriTap Guarantee is limited to any payment you made for the Service. The ZuriTap Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Services. To be clear, the ZuriTap Guarantee does not apply to any payments made for Services not scheduled and paid for through the ZuriTap Platform. THIS SECTION 6 STATES ZURITAP'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.
ZuriTap reserves the right in its sole discretion to eliminate the ZuriTap Guarantee altogether or to modify its terms at any time, effective with or without notice and without any liability to ZuriTap, although ZuriTap will endeavor to post notification of any material changes.
7. Service Cancellation
ZuriTap's cancellation policy for specific Services is as follows:
a. Cancellation by Customer. As a Customer, you may cancel your scheduled Service appointments through the App at any time, subject to the following:
i. Services Booked 24 Hours in Advance
• If you cancel more than 24 hours before a scheduled Service appointment, there is no cancellation fee.
• If you cancel between 2-24 hours before a scheduled Service appointment, you may be charged a $10.00 cancellation fee.
• If you cancel less than 2 hours before a Service appointment, you may be charged a $50.00 cancelation fee.
ii. Services Booked Less 24 Hours in Advance
• For Services that were booked between two to twenty-four (2-24) hours before the scheduled Service appointment, you may be charged a $10 cancellation fee if you cancel less than two (2) hours before a Service appointment.
• For Services that were booked less than two (2) hours before the scheduled Service appointment, including Services scheduled as "Book Now" appointments, you may be subject to a $10 cancellation fee if you fail to cancel such appointment within five (5) minutes after if you booked your job.
b. Cancellation by Provider. As a Provider, 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 Provider Account. If you are more than fifteen (15) minutes late for a scheduled appointment (note: the scheduled time for a “Book Now” appointment is one (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 ZuriTap Platform generally notifies your Customer to resubmit the request for Service. ZuriTap cannot guarantee that a cancelled Service appointment will be selected by another Provider 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 ZuriTap Platform. As a result, such conduct may adversely impact your Provider rating. PLEASE BE ADVISED THAT YOUR CANCELLATION OF (A) ANY “BOOK NOW” APPOINTMENTS, (B) ANY SCHEDULED APPOINTMENTS WITH LESS THAN TWENTY-FOUR (24) HOURS NOTICE, OR (C) TWO OR MORE SCHEDULED APPOINTMENTS WITHIN A THIRTY (30)-DAY PERIOD IS A VIOLATION OF THE TERMS OF THIS AGREEMENT, WHICH MAY RESULT IN THE SUSPENSION OR DEACTIVATION OF YOUR PROVIDER ACCOUNT.
8. Provider Access Fee
As a Provider, you are required to pay a monthly access fee during any calendar month in which you complete a Service. The access fee shall be $2.99 per month (the "Access Fee"). You instruct and authorize ZuriTap to deduct the Access Fee from the Job Fee of the first job(s) you complete in a calendar month. You acknowledge that ZuriTap reserves the right, at any time, to modify its Access Fees and billing methods.
To help maintain the quality of the ZuriTap Platform, Users (both Providers and Customers) will have the opportunity to rate each other after the completion of Services. If you rate your Provider or Customer with less than 3 stars, such User will be excluded from your future Service requests. Customers will see Provider ratings before selecting a Provider for a job so each rating a Customer gives can have an impact on that Provider's future on the ZuriTap Platform. In addition, Customers with a low star rating may not have their requests accepted.
We may, without further notice or warning and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights. You agree to ZuriTap’s use of a service provider to mask your telephone number with a number provided by ZuriTap when you call or exchange text (SMS) messages with another User. ZuriTap and its service provider reserve the right to access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the ZuriTap Platform for our business purposes, including to provide and improve customer service and the ZuriTap Platform, fraud prevention, and to identify violations of this Agreement. You agree to the use of masked numbers described above as well as ZuriTap’s use and disclosure of the related data for legitimate business purposes.
11. Location Coordinates
To schedule and accept Services, you must possess an iOS or Android smartphone capable of accessing the ZuriTap Platform (the "Mobile Device"). As a Provider, you hereby acknowledge and consent to ZuriTap's collection of the latitude and longitude location ("Location Coordinates") of your Mobile Device so that we can provide our services to you and the Customers. For example, we may collect Location Coordinates when you select "Start Navigation 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 ZuriTap that you arrived at the Service location by selecting "Arrived or the equivalent on the App (the "Tracking Period"). In addition, while in Provider mode, ZuriTap collects the Location Coordinates of the Mobile Device on which the ZuriTap 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 Providers, and for legal purposes (such as to enforce our agreements). ZuriTap 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 ZuriTap Platform to book Services. By executing this Agreement, you agree to the use and disclosure of Location Coordinates information as described above.
12. Accessing the ZuriTap Platform and Account Security
We reserve the right to withdraw or amend the ZuriTap Platform, and any service we provide on the ZuriTap Platform in our sole discretion without notice. We will not be liable if for any reason that all or any part of the ZuriTap Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the ZuriTap Platform, or the entire ZuriTapPlatform, to Users for any reason or no reason.
You are responsible for:
• Making all arrangements necessary for you to have access to the ZuriTap Platform.
• Ensuring that all persons who access the ZuriTap Platform through your account are aware of this Agreement and comply with the terms set forth herein.
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 ZuriTap Platform or portions of it using your User name, password or other security information, including Third-Party Site Password(s). You agree to notify us immediately of any suspected 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.
We have 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. ZuriTap may, from time to time, access your account to make certain changes that you request or remove prohibited information from the Platform.
THE SERVICE IS ONLY A VENUE FOR CONNECTING USERS. EXCEPT AS OTHERWISE SET FORTH HEREIN, ZURITAP IS NOT AFFILIATED WITH ANY CARRIER, PROVIDER, OR THIRD-PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER, PROVIDER, OR THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE ZURITAP (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.
14. Limited License; Intellectual Property Rights
You may not modify, alter, reproduce, or distribute the ZuriTap Platform in part or entirety. You may not directly rent, lease, lend, sell, redistribute, or sublicense the ZuriTap 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 ZuriTap 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 ZuriTap Platform or any content available through the ZuriTap Platform.
The ZuriTap 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 ZuriTap, 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 the ZuriTap Platform.
• 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 the ZuriTap Platform.
Except as permitted herein, you must not access or use for any commercial purposes any part of the ZuriTap Platform or any services available through the ZuriTap Platform.
15. Prohibited Uses
You may use the ZuriTap Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the ZuriTapPlatform:
• In any way that violates 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 ZuriTap, a ZuriTap 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 ZuriTap Platform, or which, as determined by us, may harm ZuriTap or Users of the ZuriTap Platform or expose them to liability.
• To solicit, advertise for, or contact Users for employment, contracting, or other purposes unrelated to the Services facilitated through the ZuriTap Platform without the express written consent of ZuriTap.
Additionally, you agree not to:
• Use the ZuriTap Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the ZuriTap Platform, including their ability to engage in real-time activities through the ZuriTapPlatform.
• Use any robot, spider or other automatic device, process or means to access the ZuriTap Platform for any purpose, including monitoring or copying any of the material on the ZuriTap Platform.
• Use any manual process to monitor or copy any of the material on the ZuriTap 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 ZuriTap Platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the ZuriTap Platform, the servers on which the ZuriTap Platform is stored, or any server, computer or database connected to the ZuriTap Platform.
• Attack the ZuriTap Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the ZuriTap Platform.
16. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the ZuriTap Platform, you may contact our Designated Agent at ZuriTap, Llc., Attn: Compliance Team copyright@zuriTap.com.
Any notice alleging that materials hosted by or distributed through the ZuriTap Platform infringe intellectual property rights must include the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located on the ZuriTap Platform;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of those materials on the ZuriTap Platform is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
17. User Disputes.
We understand that occasionally disputes may arise between or among our Users. In the event a dispute initiated by either a Provider or a Customer cannot be resolved independently, you hereby agree, at ZuriTap’s 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 ZuriTap or a neutral third-party mediator or arbitrator selected by ZuriTap. Notwithstanding the foregoing, you acknowledge and agree that ZuriTap is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.
18. Provider Provisions
a. Insurance. As a Provider, you acknowledge and agree that it is your responsibility to maintain in full force and effect adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance with policy limits sufficient to protect and indemnify ZuriTap 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.
b. Provider Assistants. Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by a Provider, the Provider shall require any such individuals to become a registered, approved Provider on the ZuriTap Platform pursuant to ZuriTap policies as described herein. Providers that utilize non-registered, non-approved personnel to assist with a Service could have their permission to access the ZuriTap Platform revoked. Each Provider 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 Provider and all persons engaged by the Provider in the performance of the Services.
c. Equipment. As a Provider, 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 ZuriTap 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, ZuriTap may offer to you certain equipment, supplies, and materials for purchase. You are not required to purchase any equipment, tools, supplies, or materials from ZuriTapat any time.
d. Representations. By providing Services as a Provider on the ZuriTap 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 ZuriTap 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.
e. 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 ZuriTap in connection with the resolution of any property damage or other claims resulting from a Service you performed for a Customer, and (ii) that ZuriTap shall have the right to suspend your Provider account until it has received payment in full for all such reimbursable amounts.
f. Non-Circumvention. Within six (6) months after the last time Provider provides Services to a Customer as arranged though the ZuriTap Platform, Provider agrees not to solicit or provide any Services to the same Customer other than as arranged through the ZuriTap Platform. Provider 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. Provider agrees to indemnify ZuriTap from any attorneys’ fees and costs it incurs in collecting its fees from a Provider that breaches this non-circumvention provision.
19. Third-Party Services, Third-Party Fees, and Linked Websites
a. Access to Third-Party Services. a. The ZuriTap 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 ZuriTap Platform. By using one of these features, you agree that ZuriTap may transfer that information or User Contribution to the applicable Third-Party Service. ZuriTap 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, ZuriTap 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.
20. 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 ZuriTap Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Provider and/or Customer), or revoke your permission to access the ZuriTap Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the ZuriTap 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 ZuriTap terminate your participation or access to the ZuriTap Platform or Services.
If ZuriTap terminates or suspends a User account for any reason, the User is prohibited from registering a new account under their name or an alias.
21. Repeat Infringers
ZuriTap will promptly terminate without notice the accounts of Users that are determined by ZuriTap to be "Repeat Infringers".
22. Changes to the ZuriTap Platform
We may update the content on this ZuriTap Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the ZuriTap Platform may be out of date at any given time, and we are under no obligation to update such material.
23. Information About You and Your Visits to the ZuriTap Platform
24. Confidential Information
a. ZuriTap's Confidential Information. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of ZuriTap 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 ZuriTap 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 ZuriTap upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of ZuriTap's trade secrets, confidential and proprietary information and all other information and data of ZuriTap 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.
b. Customer's Confidential Information. As a Provider, 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.
25. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the ZuriTap 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. WE 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 ZURITAP PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ZURITAP PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ZURITAP PLATFORM LINKED TO IT.
YOUR USE OF THE ZURITAP PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ZURITAP PLATFORM IS AT YOUR OWN RISK. THE ZURITAP PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ZURITAP PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZURITAP NOR ANY PERSON ASSOCIATED WITH ZURITAP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ZURITAP PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ZURITAP NOR ANYONE ASSOCIATED WITH ZURITAP REPRESENTS OR WARRANTS THAT THE ZURITAP PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ZURITAP PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ZURITAP PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ZURITAP PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ZURITAP 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.
26. No Liability
IN NO EVENT WILL ZURITAP, ITS AFFILIATES OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR CORPORATE PARTNERS 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 ZURITAP PLATFORM, ANY ZURITAP PLATFORMS LINKED TO IT, ANY CONTENT ON THE ZURITAP PLATFORM OR SUCH OTHER ZURITAP PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ZURITAP PLATFORM OR SUCH OTHER ZURITAP 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.
27. Development and Testing
For purposes of developing and testing the ZuriTap Platform, on occasion a ZuriTap representative may schedule or perform Services on the ZuriTap Platform within the Austin market. On such occasions, the contract for such Service shall between ZuriTap and such User and shall be governed by the applicable terms of this Agreement.
28. Entire Agreement
This Agreement may not be assigned or transferred by you without ZuriTap's prior written consent. You agree that this Agreement and all incorporated agreements may be automatically assigned by ZuriTap, in our sole discretion, in accordance with the "Notice" section of this Agreement.
30. No Agency
You and ZuriTap are independent contractors, and no agency, partnership, joint venture, employer-employee, contractor-subcontractor, or franchisor-franchisee relationship is intended or created by this Agreement.
31. Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the ZuriTap Platform should be directed to: firstname.lastname@example.org.
Except as explicitly stated otherwise, any notice to ZuriTap shall be given by certified mail, postage prepaid and return receipt requested to:
Such notices shall be deemed given three (3) business days after the date of mailing. Any notices to you shall be provided to you through the ZuriTap Platform or given to you via the email address you provided to ZuriTap during the registration process or as otherwise listed in your User or Provider account, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ZuriTap during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.