Fuzul Terms of Service
Last updated: September 17, 2021
Welcome to Fuzul!
Fuzul is a web- and app-based on-demand peer-to-peer gig marketplace which enables connections between Clients and Fuzlers. “Clients” are individuals and/or businesses seeking to obtain short-term services (“Tasks”) from Fuzulers and are therefore clients of Fuzulers, and “Fuzulers” are businesses seeking to perform Tasks for Clients. Clients and Fuzulers together are hereinafter referred to as “Users.” If you agree on the terms of a Task with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail herein.
Fuzul is only a marketplace. It does not perform Tasks and does not employ people to perform Tasks. Fuzulers operate as independent business owners and are typically engaged in established business of the same nature as that involved in the Tasks they perform for Clients through the Fuzul Platform. Fuzul does not control or direct the Fuzulers’ performance of their services or set their work locations, work hours, or terms of work. Fuzulers provide services under their own name or business name, and not under Fuzul’s name. Fuzulers provide their own tools and supplies to perform their services; Fuzul does not provide the tools or supplies. Fuzulers are free to maintain a clientele without any restrictions from Fuzul and are free to offer and provide their services elsewhere, including through competing platforms. Fuzulers are free to accept or reject Clients and contracts. Fuzulers are not penalized for rejecting Clients or contracts, though if Fuzulers accept a Client or contract through the Fuzul Platform, they are expected to fulfill their contractual obligations to their client. Fuzulers set their own rates for services performed in the Fuzul general marketplace, without deduction by Fuzul. Fuzulers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Tasks and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
Fuzul is offered and available to users who are 18 years of age or older. By using Fuzul, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements listed herein. If you do not meet all of these requirements, you must not access or use Fuzul.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT UNDER THE HEADING, “Dispute Resolution - Arbitration Agreement.” THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST FUZUL TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
USERS HEREBY ACKNOWLEDGE THAT FUZUL ONLY PROVIDES FUZUL AND DOES NOT SUPERVISE, MONITOR, DIRECT, OR CONTROL A FUZULER’S WORK. FUZULERS ARE INDEPENDENT CONTRACTORS OF THEIR CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF FUZUL. FUZUL DOES NOT PERFORM TASKS FOR USERS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. TO THE FULL EXTENT ALLOWED BY LAW, FUZUL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE TASKS IN ANY MANNER. FUZUL DOES NOT GUARANTEE IN ANY WAY COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE. FURTHER, THIS LIMITATION OF ANY RESPOSIBILITY OR LIABILITY, INCLUDES BUT IS NOT LIMITED TO, A GUAARANTEE OF ANY KINDS, A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, A WARRANTY OF HABITABILITY, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, AND/OR A WARRANTY OR CONDITION OF QUALITY.
FUZULER’S RELATIONSHIP WITH CLIENTS
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Task. The terms of the Service Agreement include the terms set forth this Agreement, the engagement terms proposed and accepted on Fuzul, and any other contractual terms accepted by both the Fuzuler and their Client to the extent such terms do not conflict with the terms in this Agreement, and do not expand Fuzul’s obligations or restrict Fuzul’s rights under this Agreement.
Fuzulers are required to personally perform their Tasks. Fuzulers and Users may not assign, subcontract, or delegate any of the Tasks or their rights or obligations under these Terms of Service without Fuzul’s prior written consent. Any attempt to assign, subcontract, or delegate a Task to a third party or rights or obligations in violation of these Terms of Service will be null and void.
The Client shall pay their Fuzuler(s) in full for all Task services via the PSP as indicated on Fuzul, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Task.
USERS AGREEMENT AND OBLIGATIONS:
You will treat other Users with respect and dignity, and act responsibility and professionally;
You will respect the privacy of others and Users in general (including digital, property, etc.) and will not (including without limitation private, family and home life), property, and data You and will not record via video, audio, photograph or othersiwse, any Task or any interaction by or with any User and/or Fuzuler in connection with Fuzul without the prior written consent of Fuzul and the relevant User/Fuzuler;
You will keep your promise, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Fuzuler or Client as the case may be, and only utilize the third party payment service provider specified or approved by Fuzul to make or receive payment for services provided through Fuzul ( the “PSP”);
You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Task(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
You will act professionally and responsibly in your interactions with other Users;
You will use your real name or business name on your profile;
You will use your own face on any facial identification, including the 3D Selfies.
You have read, understand, and agree to be bound by the Happiness Pledge applicable to the country where the Task is performed;
Tasks shall only be performed in a country where Fuzul has a presence.
You will not use Fuzul for any illegal use, including, without limitation, the purchase of any controlled or illegal substances or services.
When you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Other than as fully and promptly disclosed in writing to Fuzul, you do not have any motivation, status, or interest that Fuzul may reasonably wish to know about in connection with Fuzul, including without limitation, if you are using or will or intend to use Fuzul for any journalistic, academic, investigative, or unlawful purpose.
Fuzulers additionally represent and warrant that:
When using Fuzul, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
You are customarily engaged in an independently established business of the same nature as the services performed for Clients through Fuzul, and maintain an independent clientele;
You have the unrestricted right to work in the jurisdiction in which you will be performing Tasks;
If the Task is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks (including but not limited to a state contractor’s license pursuant to California Business and Professions Code section 7000 et seq., if such license is applicable to the Task you are performing);
You have any and all insurance required to operate your business and provide your services;
You will use your real name or business name and an up-to-date photo on your profile;
You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
TERMINATION OR SUSPENSION OF USER ACCOUNT
Fuzul has the right to terminate or suspend your access to all or part of Fuzul for any reason it deems proper at its complete discretion. User understands and accepts the risk that Fuzul, to the extent allowable by law, may terminate, deactivate or suspend a User’s account for a reason that User does not agree with or for a reason that is based on a mistake and that User has no recourse outside that set forth in this agreement.
Fuzul may suspend your right to use the Fuzul Platform pending an investigation,which it may perform at its sole discretion, of a potential breach by you of this Agreement, with or without issuing a prior warning. Fuzul may deactivate your account or limit your use of the Fuzul Platform upon its determination that you breached a provision of this Agreement. Normally, Fuzul will issue a warning. Fuzul will provide a User with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person or entity, or notice would otherwise be counterproductive or would create a risk to safety. Only as limited by applicable law, any appeal of Fuzul’s determination is at Fuzul’s sole and complete discretion. Fuzul may consider an appeal if User contacts Fuzul within 14 days of receipt of such notice with the grounds for the appeal. Send any such appeal to the following fuzul@fuzul.
Even after your right to use the Fuzul Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Fuzul reserves the right to take appropriate legal action pursuant to the Agreement.
Users may report each other for a User Breach. In such an event, Fuzul will investigate and issue an appropriate decision. Fuzul reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Fuzul Platform at its sole discretion. Fuzul will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Fuzul shall not be liable to you for any modification or discontinuance of all or any portion of the Fuzul Platform. Fuzul has the right to restrict anyone from completing registration as a Fuzuler or User if such person may threaten the safety and integrity of the Fuzul Platform, or if such restriction is necessary.
PAYMENT & INVOICING
Client, and not Fuzul, is responsible for payment for all Task services through the Fuzul. Such payment must be made via the Payment Service Provider (PSP). Fuzul is not obligated to compensate Fuzuler for Client’s failure to pay for services.
Fuzulers will be required to set up an account with the PSP (currently STRIPE) through Fuzul, which will require the compliance with the terms as indicated by the PSP. By accepting thes PSP’s Terms of Service, Fuzulers agree read and agreed to it and will comply with it, and that the PSP Terms of Service are between Fuzuler and the PSP and not Fuzul. Fuzul is not a party to the PSP Services Agreement and has no responsibility under that agreement.
All payments on Fuzul shall be paid through the PSP (currently STRIPE). Clients on Fuzul will be required to provide their payment method information to Fuzul and the PSP. Fuzulers are required to invoice their Clients within 24 hours of the work being performed (even if the Task is not completed in its entirety and is designated as such).
Clients will be responsible for paying the invoice(s) for each Task (the “Invoice(s)”), which will include (a) the pricing terms of the Task provided by the Fuzuler and agreed upon by the parties (“Task Payment”), (b) any out of pocket expenses agreed upon by the parties and submitted by the Fuzuler in connection with the Task, (c) the service charge Fuzul assesses to the Client for access to and information regarding Fuzulers, and (d) any other fees Fee Fuzul assesses to the Client for customer support and other various other services, or (e) cancellation charges, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s), and all such tips or gratuities shall go directly to the Fuzuler. Clients may also be charged credit card processing fees equal to or less than 3% of the aggregate expense amount if expenses related to a Task individually, or Tasks in the aggregate over a 30-day period, exceed $300. Fuzulers will be responsible for paying (i) registration fees, if applicable, and (ii) repayment of erroneous payments.
Fuzul and/or the PSP may validate an account before activation and prior to each Task booking. As part of the validation process, temporary charges may be placed with the User’s account and thereafter refunded within 1-5 business days. The estimated value of the Task and expense will determine the amount of the temporary charge, if any.
Upon client receipt of confirmation through Fuzul or via other approved correspondence, that a Task has been completed, Client automatically authorizes the PSP to process the Invoice(s). Clients may be billed a one-hour cancellation charge as damages at the Fuzuler’s hourly rate through the PSP. This cancellation charge may occur a Task is booked but canceled before the scheduled time for performance. Certain geographical and region specific exceptions regarding the cancellation charge may apply due to applicable law.
Fuzul is not required to but reserves the right at request from User, notice of illicit use of Fuzul, to delay, stop or hold any Task related payment or to cause or ask the PSP to do so.
Tax related laws vary greatly, and in jurisdictions, there may be law, rules or regulations/orders that may require Fuzul to collect financial information about you, including but not limited to total revenue or taxes paid. Fuzul may issue documentation to facilitate accurate tax reporting whether you know and/or consent. Furthermore, Users of Fuzul may be liable for any taxes, levies, VAT, or similar charges required to be paid as a result of the Tasks.
SALES TAX COLLECTION AND REMITTANCE
You should consult with your own tax advisor to ensure your compliance with all applicable tax reporting requirements. In jurisdictions where Fuzul facilitates the collection and/or remittance of sales tax on behalf of Fuzulers, you instruct and authorize Fuzul to collect taxes on your behalf, and/or to remit such Taxes to the relevant tax authority. You acknowledge and agree that we retain the right to cease the collection and remittance of sales taxes in a particular jurisdiction as permitted by law.
If Fuzul contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party apps linked to Fuzul, you do so entirely at your own risk and subject to the terms and conditions of use for such apps.
Fuzul expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Fuzul Platform. You hereby agree to hold Fuzul harmless from any liability that may result from the use of links that may appear on the Fuzul Platform.
PROPER USE OF FUZUL
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Fuzul will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas. For the safety and integrity of Fuzul you should not share your personal contact information with other Users. You may only use such Fuzul Public Areas to correspond in a way that is relevant and proper to the applicable Task or Fuzul function. Fuzul may contain User profiles, the posting of Tasks, email systems, message boards, reviews, ratings, Task postings, chat areas, news groups, forums, communities and other message or communication facilities—Public Areas—that allow communication between Users. Users must use common sense to protect themselves, Fuzul, and other Users from harm, this includes but is not limited to the following prohibited uses.
Using Fuzul for any unauthorized or illegal purpose;
Using Fuzul for posting or performing a Task in violation of applicable law;
Spamming, including the Posing of the same Task repeatedly;
Post or upload any content which you have not obtained the requisite rights and permissions to use;
Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through Fuzul;
Harrasment of any User or Fuzuler, including actions which would inhibit a User from utilizing the Public Areas in any way;
Impliedly or directly make representations on behalf of Fuzul;
Hacking: including but not limited to the use of phishing, password cracker, robot, spider, manual, meta tag, hidden text, social engineering, DDoS, agent, spyware, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, steal, redistribute, sell, license, relicense, download, manage or index Fuzul or the electronic addresses or personal information of others;
Frame or utilize framing techniques to enclose Fuzul or any portion thereof;
Interfere with Fuzul, its servers or any connected networks;
Adapt, alter, license, sublicense or translate Fuzul for your own personal or commercial use;
Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Fuzul, partners or Affiliates;
Upload any content to Fuzul that is offensive. Offensive content includes but is not limited to that which is illegal and/or content that advocates, condones, supports or promotes bigotry, hatred, racism, nationalism related to racism, conspiracy theories that support any of the foregoing, or physical harm of any kind against any individual or group of individuals;
Upload content that provides materials or access to materials of a pornographic nature and/or that exploit or depict people in an abusive, violent or sexual manner;
Solicit for any other business, service, website or otherwise contact Users for employment, contracting, tasks, or any purpose not related to use of Fuzul as set forth herein;
Collect usernames, email addresses, or other personal information of Users by electronic or other means;
Use Fuzul in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Fuzul’s trade secret information for public disclosure or other purposes;
Attempt to circumvent or control the payments system, PSP, or service charge or any fees related to Fuzul to make or process payments outside of Fuzul, providing inaccurate information on invoices, or otherwise invoicing in a misleading way;
Register under varied usernames or identities after your account has been suspended, halted or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
Hire, influence, or cause any third-party to engage in the restricted activities above listed in this listed or restricted activities;
Use tools, including but not limited to the TOR network, with the goal of masking your IP address;
Defame, abuse, harass, stalk, threaten, intimidate, assault, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Fuzul staff;
Publish, post, upload, distribute or disseminate any profane, pornographic, defamatory, infringing, obscene or unlawful language, or information;
Upload files that contain software, spyware or other material that violates or attempts to violate the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Fuzul;
To hack, to obtain information or to disrupt or otherwise damage, through the upload of files or scripts such as Trojan horses, worms, crawlers, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Fuzul or its Users’ computers or phones;
To advertise for any commercial purpose or other purpose through Fuzul which are not relevant to the Task services;
To be involved in, conduct, arrange or forward surveys, contests, games, pyramid schemes, or chain letters;
To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments (except as expressly permitted in this Agreement) ;
App Use and Background Checks
Users agree to exercise caution and common sense to protect their personal data, property, and persons. Fuzul takes reasonable steps for your security, such as confirming that the person performing a Task is a human through the use of 3D-Selfies and other means. However, Fuzul cannot confirm that any User is who they claim to be, and Fuzul cannot and does not assume any responsibility for the accuracy or reliability of Background Check information. Whether to perform a background check or what kind, criminal or otherwise, is at the full discretion of Fuzul, and Users should proceed as if Fuzul has not performed a criminal or other background check and use the same discretion User would use in any other similar or same situation. Fuzul will not be liable for any false or misleading statements made by Users of Fuzul.
If a Fuzuler, you agree to disclose any prior criminal convictions (other than misdemeanor traffic violations) and to promptly disclose to Fuzul in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of Fuzul.
You are responsible for your safety. You are responsible for maintaining your privacy. Should you suspect any party may be using your password or account or you suspect any other breach of security, you agree to notify Fuzul immediately. Fuzul has set up certain measures in attempt to assist in this effort but does not and cannot ensure your safety. You are responsible to protect the confidentiality of any non-public information, including, log-in, password, and account number provided by you or given to you by Fuzul for accessing the Fuzul Platform. You are responsible for all activities that occur under your password or account, even if not authorized by you. Fuzul has no control over the use of any User’s account and expressly disclaims any liability resulting therefrom.
You acknowledge that telephone calls to or from Fuzul, together with its agents and partners may be monitored and recorded for the purposes of quality control and training.
Note that if a change in ownership of your telephone numbers, you may notify Fuzul by texting STOP to any text message sent from Fuzul to the retiring phone number. Contact fuzul@fuzul if you need more information regarding this.
You verify that any contact information provided to Fuzul, its partners, agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information changed or compromised in any way, you agree to immediately notify Fuzul before the change goes into effect by visiting fuzul@fuzul.
Fuzul References to Fuzulers Only Indicate a Fuzuler Has Completed The Registration
Any reference on the Fuzul Platform to a Fuzuler being licensed or credentialed or rated in some manner indicates only that the Fuzuler has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Fuzul of such Fuzuler’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Fuzulers whom they select, interact, or contract with via the Fuzul Platform.
The Fuzul Platform enables connections between Users for the fulfillment of Tasks. Fuzul is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks, Fuzulers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Fuzul makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested or services provided by, or the communications of or between, Users identified through the Fuzul Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
USER GENERATED CONTENT
User Generate Content the Responsibility of Users and Not Fuzul
You are responsible for User Generated Content, and Fuzul acts merely as a passive conduit for User online distribution and publication of User Generated Content. User Generated Content is any information and materials you provide to Fuzul or it partners or affiliates or other Users in connection with your use of the Fuzul Platform and participation in Fuzul promotional campaigns, including information and materials posted or transmitted for use in Public Areas. You acknowledge and agree that Fuzul is not involved in the creation or development of User Generated Content and that Fuzul disclaims any liability for User Generated Content. Fuzul cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Fuzul has no obligation to monitor or review User Generated Content, but reserves the right to manage or remove User Generated Content if it is deemed to be incompliant with the terms herein, including those governing Privacy.
You hereby represent and warrant to Fuzul that your User Generated Content will not violate the section herein on “Proper Use of Fuzul”; will not be false or misleading; will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; will not infringe or impinge on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Task is performed); will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); will not be defamatory, libelous, malicious, threatening, or harassing; will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Fuzul or otherwise purport to act as a representative or agent of Fuzul; and will not create liability for Fuzul or cause Fuzul to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
Reviews, Ratings and Other Specific User Generated Feedback
Fuzul hosts User Generated Content relating to reviews and ratings of specific Fuzulers (“Feedback”). Feedback is not the opinion of Fuzul, and has not been verified or approved by Fuzul. Fuzul encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted, but Fuzul has no liability or responsibility for any harm whatsoever that is connected to reviews, ratings or any other feedback on the App. Fuzul is not obligated to investigate any comments or statements posted by Users for veracity and, if it does so at all, does so at its sole discretion.
You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Feedback. You may request removal of a review that violates this Agreement by contacting the Support team. Each Client should undertake their own research prior to booking to be satisfied that a specific Fuzuler has the right qualifications for a Task.
Guidelines for Reviews, Ratings and Feedback
Be honest, factual and focus on the performance of the task as opposed to commenting on the character of another User.
Do not post inappropriate content (including but not limited to profanity, personal insults, slurs, threats, harassment, lewdness, hate speech or bigotry), or post anything else that is in violation of our Terms of Service.
Do not forfeit a payment / accept a reduced payment in exchange for a positive review
Only post about the performance of the task itself, and not your happiness or lack thereof with the platform (any comments about the platform itself should be sent to Fuzul customer support).
Post in a timely manner (within 30 days of task completion) and only things that are relevant to how the task was performed.
Only post one review per task.
Do not violate other User’s privacy by posting personal information about a User.
Users Can Take Action If Users Believe Feedback Violates the Terms of this Agreement
We respect the personal and other rights of others and expects Users to do the same. Fuzul is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the Fuzul Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Fuzul. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify Fuzul. Such notification can be made at Fuzul, Inc., 18071 Fitch, Suite 100, Irvine CA 92614.
Fuzul’s Rights to User Generated Content and Other User Generated Content Issues
To the maximum extent permitted by law, you hereby grant Fuzul a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content and any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Fuzul in exchange for use of the Fuzul Platform, in any media now known or not currently known in order to market, operate, and improve upon the Fuzul Platform, including but not limited to the right to the following: Use, and permit to be used, such User’s name and identity in connection with the Fuzul Platform or any Fuzul promotional campaigns; view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content; Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Fuzul Platform or any Fuzul promotional campaigns; Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Fuzul or that Fuzul takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels; Use, and permit to be used, such User’s User Generated Content, Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Fuzul Platform in any media, in any format and through any distribution channels; and
Release of Liability in Connection with Fuzul’s Use of User Generated Content
Further, you hereby waive any and all moral and legal rights in connection with the Media (to the extent allowable by law in the country where the Task is performed). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third-party rights.
Each User hereby waives all rights and releases Fuzul and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, User Generated Content, Physical Likeness, Media, or Voice in connection with the Fuzul Platform.
Failure by Fuzul to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Fuzul with respect to its subject matter and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement below. However, this Agreement does not supersede other agreements about other subject matter that you may have with Fuzul. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in the section applicable to U.S. Residents, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: to a parent or subsidiary, to an acquirer of assets (whether by merger, acquisition bankruptcy sale or any other means), or to any other successor or acquirer. Upon the effective date of the assignment of the Agreement Fuzul shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, the assignee entity shall replace Fuzul for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Fuzul Platform. Any assignment in violation of this Section shall be null and void. This Agreement will inure to the benefit of Fuzul, its successors and assigns.
As Fuzul does not supervise, scope, direct, control, or monitor a Fuzuler’s work or performance of Tasks, Clients must determine for themselves whether a Fuzuler has the skills and qualifications necessary to perform the specific Task. Clients may wish to consult governing bodies or seek professional guidance to determine whether certain Tasks are required to be performed by a licensed professional. Clients may also wish to discuss with their Fuzuler any specific hazards, obstacles, or impediments, hidden or open, in the Task location that may impact the performance of the Task. Fuzulers are responsible for identifying and obtaining any required licenses, permits, or any permissions before offering services and undertaking Tasks. Fuzulers are required to avoid prohibited Tasks and services. If you have questions about how various governing laws apply to your Tasks and services on the Fuzul Platform, you should seek legal guidance. Your failure to do so may result in financial penalties, licenses suspension or other civil and/or criminal penalties.
MODIFICATIONS TO THIS AGREEMENT AND TO THE FUZUL PLATFORM
With the exception of the Arbitration Agreement, Fuzul reserves the right to modify the terms and conditions of this Agreement (including the Privacy Agreement), and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Continued use of the Fuzul Platform after any such changes shall constitute User’s consent to such changes.
Fuzul will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. The current Terms of Service will be available on Fuzul’s website and the app, and it shall be your responsibility to review the Terms before engaging in a transaction. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Fuzul Platform. Your continued use of the Fuzul Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.
NO RIGHTS OF THIRD PARTIES
With the exception as is indicated herein with regard to the Apple App store, the provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth herein) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
NOTICES AND CONSENT TO RECEIVE NOTICES ELECTRONICALLY
You consent to receive any agreements, notices, disclosures and other communications to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the Fuzul Platform, please contact us by email at firstname.lastname@example.org or by mail to 18071 Fitch, Suite 100, Irvine CA 92614, USA.
RELEASE OF LIABILITY
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence, and to the extent allowable by law, as per the following:
NEITHER FUZUL, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF FUZUL AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE FUZUL AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH FUZUL.
Except as expressly provided otherwise, this Agreement and your use of the Fuzul Platform will be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.
At the sole discretion of Fuzul, Fuzul may make available promotions, contests, referral programs, loyalty programs and gift cards or the like to any Users or prospective Users. All such promotions will be run at the sole discretion of Fuzul, and can be initiated, cancelled or changed in any way, without notice to Users at any time by Fuzul. Promotions may, and likely will, change from time to time at the discretion of Fuzul.
Gift Cards and their use are subject to this Agreement and use of a Gift Card constitutes acceptance thereof. Gift cards are not replaceable if lost or stolen, and have no expiration date. They are only good for Tasks performed on Fuzul. Gift Cards must be entered directly into the Client account and may not be directly accepted by Fuzulers as payment. Only one Gift Card per transaction is allowed unless authorized by Fuzul. Promo Codes may not be combined with Gift Cards without Fuzul authorization. No deposit account, credit card, credit line, overdraft protection, or such similar financial device or any fintech device that is in existence at the time of this Agreement or which may come into existence after is associated with your Gift Card unless this Agreement is modified to reflect same. If the owner of a Gift Card purchase exceeds the amount of that Gift Card’s balance, the owner must pay the difference other means. You may not add value to the balance or reload your Gift Card. Gift Card balances are not transferable. Fuzul may correct the balance of a Gift Card if it appears a billing error has occurred. Fuzul reserves to cancel a Gift Card if Fuzul determines that it was had by fraud, in any way; to limit quantities of Gift Cards purchased.
You agree that you will comply with all Gift Card terms and conditions. In certain U.S. states, after a period of time, Fuzul may remit the cash associated with unused Gift Card balances to the state pursuant to that state’s abandoned property laws. Once Fuzul has remitted such cash to a state, the Gift Card may no longer be redeemed and Fuzul may direct the Gift Card’s owner to that state’s government redemption method or deparment, as applicable. Gift Cards have no cash value and are not redeemable for cash except in the following twelve U.S. states where it is required by law to the extent noted below. If you are a resident of one of these U.S. states, and the balance on your Gift Card is less than the respective dollar amount below, you may redeem it for cash:
California < $10
Colorado < $5
Connecticut < $3
Maine < $5
Massachusetts < 10% original value remaining
Montana < $5
New Jersey < $5
Oregon < $5
Rhode Island < $1
Texas < $2.50
Vermont < $1
Washington < $5
Any concerns related to cash balances on Gift Cards related to state law redemptions as set forth in the list of above should be sent to Fuzul at email@example.com. Please provide (a) the email associated with your account (b) the gift card coupon code and (c) the amount remaining in your gift card balance. Upon verification of your account and confirmation that your Gift Card balance qualifies you for redemption, Fuzul will pay out the remaining balance as required by applicable law.
Promo Codes will not affect the amount of the Task Payment a Fuzuler ultimately receives. Users agree to act in good faith in the use of Promo Codes and not to abuse them in any way whether such abuse is specifically referenced herein or not. Promo Codes are an offer by Fuzul to reduce the amount a Client has to pay in relation to a Task and/or associated fees, taxes or expenses. The use or application of any Promo Code is solely intended as a promotional device. A Promo Code does not create a relationship or engagement between Fuzul or the Fuzuler or Client. A Promo Code does is not tantamount to wages, fees or any other payments to any Fuzuler. A new user Promo Code may only be used once per User, regardless of the email address used during registration. Fuzul may withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in a situation or case where in appears, at the sole discretion of Fuzul that the use or redemption of a Promo Code was fraudulent, illegal, erroneous or simply a mistake. or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.
The terms of this section regarding Promotions are subject to the Disclaimer and Warranties herein, which limits the liability of Fuzul.
You acknowledge that Confidential Information is a valuable, special and unique asset of Fuzul and agree that you will not, for the lifetime of your account on Fuzul plus 10 years thereafter, disclose, transfer, convey or use (or seek others to take same or similar actions) any Confidential Information for any purpose other than use of the Fuzul Platform in accordance with these Terms of Service, including Privacy terms. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. If reasonable in the course of work, you may disclose the Confidential Information to your employees and agents but you are required to communicate to them that they are bound to maintain the confidentiality of Confidential Information. If you have any questions with regard to this you may contact Fuzul at firstname.lastname@example.org. At this same contact, immediately upon discovery, you shall notify Fuzul in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information.
The term “Confidential Information” shall mean any and all of Fuzul’s trade secrets, confidential and proprietary information, and all other information and data of Fuzul 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, outlines, data maps, providers, cloud configurations, products, services, customers, markets, software, metric, developments, inventions, processes, formulas, technology, designs, drawings, engineering, data analytics, hardware configuration information, marketing, finances, corporate structure data, tax information, strategic and other Proprietary Materials and any other confidential information relating to Fuzul or Fuzul’s business, operations or properties, including information about Fuzul’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in any way whatsoever.
INTELLECTUAL PROPERTY RIGHTS
Fuzul and its entire contents, features, and functionality (including but not limited to all information, text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Fuzul designs, trademarks, and logos (collectively “Proprietary Material”) are owned by Fuzul, 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. Further Users hereby grant Fuzul a license to use and User Generated Content. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Fuzul owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from Fuzul without Fuzul’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of Fuzul, including without limitation Fuzul, Fuzul for Good, and associated logos, are service marks owned by Fuzul. Any other trademarks, service marks, logos and/or trade names appearing via Fuzul are the property of their respective owners. Fuzul’s proprietary marks and logos are not available for use by Fuzulers. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
COPYRIGHT COMPLAINTS AND NOTICE OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of other and expect Users to do the same. If you believe, in good faith, that any materials on Fuzul infringe upon your copyrights, please send the following information to Fuzul’s Copyright Agent at Fuzul Copyright Dept.
18071 Fitch, Suite 100, Irvine CA 92614 or email@example.com with (1) a description of the copyrighted work that you claim has been infringed, including specific location on Fuzul where the material you claim is infringed is located. Include enough information to allow Fuzul to locate the material, and explain why you think an infringement has taken place; (2) a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; (3) your address, telephone number, and e-mail address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
THE FUZUL PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. FUZUL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE FUZUL PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE FUZUL PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FUZUL PLATFORM, ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND EVENTS BEYOND OUR REASONABLE CONTROL.
Fuzul does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Fuzul Platform or any hyperlinked website or featured in any banner or other advertising, and Fuzul will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Fuzul and Affiliates do not warrant that access to the Fuzul Platform will be uninterrupted or that the Fuzul Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Fuzul Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Task, service, information or materials provided through or in connection with the use of the Fuzul Platform. Fuzul and Affiliates are not responsible for the conduct, whether online or offline, of any User. Fuzul and Affiliates do not warrant that the Fuzul Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Fuzul and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature or service that a Client may use to expedite Fuzuler selection, each Client is responsible for determining the Task and selecting or otherwise approving their Fuzuler, and Fuzul does not warrant any goods or services purchased by a Client and does not recommend any particular Fuzuler. Fuzul does not provide any warranties or guarantees regarding any Fuzuler’s ability, professional accreditation, registration or licensure.
You acknowledge and agree that Fuzul is only willing to provide the Fuzul Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Fuzul and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, ”Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Fuzul Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Fuzul and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL FUZUL AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE FUZUL AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY FUZUL, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE FUZUL PLATFORM OR THE TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.
FUZUL AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS FUZUL PLATFORM. FUZUL AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE FUZUL PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT FUZUL AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO FUZUL (IF YOU ARE A CLIENT) OR TOTAL TASK PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A FUZULER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
CONSENT TO ELECTRONIC SIGNATURES
By using the Fuzul Platform, you agree to transact electronically through the Fuzul Platform. You also agree to the following: your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND FUZUL MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives the termination of this Agreement and your relationship with Fuzul.
To the fullest extent permitted by applicable law, you and Fuzul agree to arbitrate any and all disputes and claims (“collectively, “Claim” or “Claims”) relating to, arising from or regarding your use of the Fuzul Platform, your relationship with Fuzul, Tasks, or this Agreement (including previous versions), including Claims by Fuzul, Claims against Fuzul and Claims against Fuzul’s Affiliates (including its parent company).
To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by Fuzul; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Fuzul and covered by the Employee Retirement Income Security Act or funded by insurance), and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.
If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Fuzul agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND FUZUL ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
Prohibition of Class Actions and Non-Individualized Relief
Except as otherwise required under applicable law, you and Fuzul agree that any arbitration will be limited to the Claim between Fuzul (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND FUZUL ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and Fuzul otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims, which are addressed separately below.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
Representative PAGA Waiver
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, to the fullest extent allowed by law: (1) you and Fuzul agree not to bring a representative action on behalf of others under the California Private Attorneys General Act (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and Fuzul agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver”).
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
Rules and Logistics Governing Arbitration
In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Commercial Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and Fuzul agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.
As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Commercial Rules) subject to the following modifications:
Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
Unless you and Fuzul agree otherwise, any arbitration hearings with a Fuzuler will take place in the county of the Fuzuler’s billing address, and any arbitration hearings with a Client will take place in the county in which the Client received Task services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.
Exceptions to Arbitration
The Arbitration Agreement shall not require arbitration of the following types of claims:
Claims for workers’ compensation, disability insurance and unemployment insurance benefits;
Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
Applications for provisional remedies, preliminary injunctions, and temporary restraining orders relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
Representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the representative PAGA Waiver in Section 19(d) is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; and
Claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.
In addition to the severability provisions in subsections (b) and (c), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Opt Out of Arbitration Agreement
For Fuzulers, you may opt out of the requirement to arbitrate if you have not previously agreed to an arbitration provision in Fuzul’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this version of the arbitration agreement in the manner specified below, but opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with Fuzul.
Except as specified in this arbitration agreement, if you are a Fuzuler, you may opt out of the Arbitration Agreement by notifying Fuzul in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to Fuzul, Inc., 18071 Fitch, Suite 100, Irvine CA 92614, Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, (f) a clear statement indicating that you wish to opt out of the Arbitration Agreement, and (g) your wet signature.
WHEN FUZUL PURCHASED THROUGH APPLE APP STORE
This paragraph applies to any version of the Fuzul Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Fuzul. Apple, Inc. is not a party to this Agreement and shall have no obligations with respect to the Fuzul Platform. Fuzul, not Apple, is solely responsible for the Fuzul Platform and the content thereof as set forth hereunder. Nevertheless, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement, this Agreement shall control.
AGREEMENT TO BE CONTACTED
Consent to Receive Automated Calls/Texts.
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets.
You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from Fuzul or related entities and/or partner authorized by Fuzul, or from independent contractors (including Fuzulers) related to promotions, your account, registration, onboarding, upcoming or scheduled Tasks, changes and updates, service outages, follow-ups to any push notifications delivered through our mobile application, any transaction with Fuzul, and/or your relationship with Fuzul. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Fuzul may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Fuzul and Affiliates, or from independent contractors (including Fuzulers) even if you cancel your account or terminate your relationship with Fuzul, except if you opt-out. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Message frequency varies. Carriers are not liable for delayed or undelivered messages.
How to Opt-Out
You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify Fuzul if you no longer want to receive automated text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated text messages, we reserve the right to make non-automated calls or text messages to you.
Fees and Charges
There is no fee to receive automated text messages from Fuzul. However, you may incur a charge for these text messages from your telephone carrier, which is your sole responsibility. You represent and warrant that you are authorized to incur such charges and acknowledge that Fuzul and its agents, affiliates, and independent contractors (including Fuzulers) are not responsible for such charges.
Unauthorized Use of Your Telephone Device
You must notify Fuzul immediately of any breach of security or unauthorized use of your telephone device. Although Fuzul and Affiliates, and independent contractors (including Fuzulers) will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
You Hereby Agree to Indemnify Fuzul
You agree to indemnify Fuzul and Affiliates, and independent contractors (including Fuzulers) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify Fuzul of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold Fuzul and Affiliates harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). Fuzul shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
WORKER CLASSIFICATION AND WITHHOLDINGS
Fuzul does not employ Fuzulers. Fuzul is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the Fuzul Platform. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
ACKNOWLEDGEMENT AND CONSENT
I acknowledge that I have read this entire agreement and that no section herein shall be deemed more or less enforceable due to where it is located in this Agreement and whether its provisions are CAPITALIZED, bolded or otherwise called-out. I understand that I have responsibilities and options in connection with this Agreement and throughout this Agreement there are instruction on how to exercise those options and duties, including contacting Fuzul regarding, for instance, Confidentiality Breaches, Appeals of Fuzul’s decision to deactivate or terminate an account, or how to participate in Dispute Resolution through Arbitraiton, among other equally important terms and User options and duties related thereto.
IT IS YOUR DUTY TO READ THIS AGREEMENT, and to NOT CONSENT TO IT BY UTILIZING FUZUL IF YOU DO NOT AGREE TO ITS TERMS.