Terms of Service for Consumers

Welcome to GoTasker™, a technology service (“Service”) that allows people (collectively, “Consumers,” and individually, “Consumer”) to request home services from service professionals (“Service Providers” or “Pros”). The Service is owned and operated by Fracxion Software, LLC (“GoTasker™,” “we,” or “us”). This page explains the terms by which you may use our Service as a Consumer to connect with Service Providers and request services, including but not limited to our interactive and/or mobile service, web sites, and software. For the GoTasker™ Service Provider Terms of Service click here.

ACKNOWLEDGEMENT & ACCEPTANCE

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by this Terms of Service Agreement (this “Agreement”). This Agreement applies to all Consumers who access the Service (“Users”). You acknowledge and accept that (i) this Agreement contains important exclusions of warranties and liabilities by us, together with a release of liability, (ii) we reserve the right to change, modify or discontinue the Service at any time, and (iii) your agreement to be bound by this Agreement, includes agreement to the foregoing. If you do not so agree, you must immediately discontinue use of the Service and remove the app from your devices.

You acknowledge and agree that GoTasker™ may amend this Agreement at any time by posting a revised version of this Agreement on the Service or by notifying Consumers directly in GoTasker™’s sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to such changes. GoTasker™ does not and will not assume any obligation to notify Users of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the terms of this Agreement, as it may be changed from time to time.

OWNERSHIP OF SERVICE AND RESTRICTIONS ON USE

We own the Service and all intellectual property rights relating to the Service, together with all content contained in the Service (whether provided by us, Service Providers, Consumers or otherwise). We do not however claim ownership of the specific content that you load into the Service relating to you as a Consumer, provided that as a condition of your use of the Service you grant us the right to use such content in accordance with this Agreement and as provided in our Privacy Policy.

You are granted a limited right to use the Service solely on the terms contained in this Agreement. Use of the Service is permitted only by persons who can form legally binding contracts under applicable law. If you do not qualify, do not use the Service. You may not use our service for any unlawful purposes or in furtherance of illegal activities.

SERVICE REQUESTS

Service Request

Upon registration with GoTasker™, a Consumer may submit through the app a request for service or work (“Service Request”) from Service Providers. All Service Requests posted through the app must be lawful and not in violation of any city ordinance, state, local or federal law. After submission of a Service Request, GoTasker™ will inform the requested Service Providers of services requested by Consumer. However, GoTasker™ does not and cannot guarantee that there will be Service Providers who are capable of or willing to complete the requested services at the time and place requested.

Service Request Acceptance

When a Service Provider accepts a Service Request, the Consumer and Service Provider enter a binding legal agreement for the Service Provider to complete the Service Request and the Consumer to pay the Service Provider.

Service Request Completion and Payment

When a Service Provider has completed the Service Request, the Service Provider will mark the request as complete and notify the Consumer via the Service. The Consumer will be automatically billed using the payment information registered by Consumer with the Service for all due charges. All refunds, returns, or adjustments will be processed by the appropriate Service Provider. In order to process payments, you agree that a third party payment processor will collect and store your credit card information and billing address. GoTasker™ is not responsible or liable for the ways in which third parties collect, store, or process your billing information or credit card information. Please see below for dispute resolution policies.

INTERACTIONS AND DISPUTES WITH SERVICE PROVIDERS

Consumer Verification

YOU SHOULD VERIFY THAT THE INFORMATION PRESENTED BY THE SERVICE PROVIDER, INCLUDING THE INFORMATION IN THE SERVICE PROVIDER’S PROFILE, IS ACCURATE. GOTASKER™ DOES NOT VERIFY THE INFORMATION OR DOCUMENTS PROVIDED BY SERVICE PROVIDERS AND EXPRESSLY DISCLAIMS ANY GUARANTEES OR WARRANTIES CONCERNING SUCH INFORMATION. CONSUMERS MUST CONDUCT THEIR OWN INVESTIGATION OF SERVICE PROVIDERS, TO INVESTIGATE AND TO DETERMINE THE APPROPRIATENESS OF HIRING SERVICE PROVIDER FOR REQUESTED SERVICES, INCLUDING, AMONG OTHER THINGS, WHETHER SERVICE PROVIDERS ARE APPROPRIATELY LICENSED FOR THE REQUESTED SERVICES, AND CARRY APPROPRIATE INSURANCE OR BONDING AT APPROPRIATE LIMITS. GOTASKER™ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED BY CONSUMER FROM FEDERAL, LOCAL, STATE, OR OTHER GOVERNMENT AGENCIES OR FROM THIRD PARTY SOURCES IS ACCURATE, ERROR FREE, OR THAT IT IS UP TO DATE OR UPDATED AT THE TIME THAT CONSUMER CHECKS SUCH INFORMATION.

No Warranty or Endorsement of Service Provider Services

GOTASKER™ DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR SERVICE PROVIDER. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. GOTASKER™ DOES NOT WARRANT THE SERVICE PROVIDER’S PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY SERVICE PROVIDER. GOTASKER™ DOES NOT CONTRACT FOR OR PERFORM, AND IS NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. GOTASKER™ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY SERVICE PROVIDER OR THE SERVICE PROVIDER’S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT GOTASKER™ MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.

Relationship Between Service Providers and Consumers

CONSUMER IS SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH SERVICE PROVIDERS. CONSUMER’S RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH SERVICE PROVIDERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY SERVICE PROVIDER, YOUR ONLY RECOURSE IS TO ADDRESS SUCH DISPUTE WITH THE SERVICE PROVIDERS DIRECTLY. GOTASKER™ IS SOLELY PROVIDING A REFERRAL SERVICE AND IS NOT A PARTY TO THE CONTRACTS BETWEEN CONSUMERS AND SERVICE PROVIDERS, AND HAS NO RESPONSIBILITY OR LIABILITY REGARDING A SERVICE PROVIDER’S PERFORMANCE OF (OR FAILURE TO PERFORM) SUCH CONTRACTS, OR FOR ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM SERVICE PROVIDER’S ACTIONS OR FAILURE TO ACT.

RELEASE

IN EXCHANGE FOR THE REFERRAL SERVICE PROVIDED BY GOTASKER™ AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, YOU EXPRESSLY AGREE TO RELEASE GOTASKER™, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOTASKER™ REFERRAL SERVICE, ANY SERVICE PROVIDER YOU USE, THE SERVICES PROVIDED BY SUCH SERVICE PROVIDER, OR ANY DISPUTE YOU HAVE WITH GOTASKER™ OR ANY SERVICE PROVIDER. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NO KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

NO WARRANTIES

GOTASKER™ MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES PROVIDED BY THIS SERVICE FOR ANY PURPOSE. GOTASKER™ DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. GOTASKER™ SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE OR FOR ANY DAMAGE TO YOUR DEVICES OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SERVICE. GOTASKER™ SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GOTASKER™ MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SERVICE. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL GOTASKER™, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABLITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SERVICE, (2) THE CONDUCT OF A USER, SERVICE PROVIDER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. GOTASKER™ IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE SERVICE OR THE ENFORCEMENT OF THE TERMS. GOTASKER™ EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, GOTASKER™ USERS, ADVERTISERS AND/OR SPONSORS ON THE SERVICE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

CONTENT ON SERVICE

Content

Users may post “star ratings”, information, reviews, comments, messages, photos, profiles, send emails, submit materials, suggestions, ideas, comments, questions, or other information (collectively “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree that all of the User Content and information posted on the Service (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of GoTasker™ or the party posting such content. GoTasker™ reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion.

Reliance on Content

“Star ratings”, opinions, advice, statements, reviews, offers, or other information or User Content made available through the Service, but not directly by GoTasker™, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. GoTasker™ does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Service. Under no circumstances will GoTasker™ or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Service or transmitted to or by any Users.

Information You Provide to GoTasker™

Upon using or registering for an account on the Service, you will be prompted to disclose certain information about yourself and your service requirements if you request services. Some of this information will be sent to Service Providers, who will need this information to respond to you or to other persons or entities in connection with the Service. By providing this information to GoTasker™, or by submitting a Service Request, you are requesting, and you expressly consent to having details of your Service Request sent to Service Providers. If you send a Service Request, GoTasker™ will send additional identifying information such as your full name, contact phone number, email address, and physical address of the job location to the Service Providers whom you selected to send the Service Request to. For complete details on GoTasker™’s use of your information, please see our Privacy Policy. You warrant that all information you provide will be accurate, current and truthful. If you provide any information that is untrue, not current or incomplete, or GoTasker™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GoTasker™ has the right to refuse any current or future use of the GoTasker™ services (or any portion thereof) by you.

You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

In the event that you provide GoTasker™ with any feedback regarding the GoTasker™ Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service (“Feedback”), you hereby assign to GoTasker™ all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

Blocking of IP Addresses and UDIDs

In order to protect the integrity of the Service, GoTasker™ reserves the right at any time in its sole discretion to block Users from certain IP addresses and Unique Device Ids (UDIDs) from accessing the Service.

SECURITY

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we do not guarantee the adequacy of such measures not do we guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk and release us from any and all claims.

TERMINATION OF ACCOUNT

This Agreement will remain in full force and effect while you use the Service. You may terminate your account at any time, for any reason. To cancel an account, please send an email to support cancel@gotasker.com. If you terminate your account, your account will be disabled within 30 days. GoTasker™ may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to GoTasker™. All decisions regarding the termination of accounts shall be made in the sole discretion of GoTasker™. GoTasker™ is not required to provide you notice prior to terminating your account. GoTasker™ is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect.

JURISDICTION AND CHOICE OF LAW; SEVERABILITY

If there is any dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of Connecticut, without regard to its conflict of law provisions. If any provision of this Agreement is prohibited by applicable law, such provision is automatically void and of no effect, and the remainder of this Agreement shall remain unchanged and in full force and effect.

DISPUTE RESOLUTION

Both Consumer and Company agree that any legal disputes or claims between the parties that cannot be resolved informally will be submitted to binding arbitration in Connecticut. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the GoTasker™ Service be instituted more than one (1) year after the cause of action arose.

INDEMNIFICATION

Consumer agrees to indemnify, defend and hold harmless GoTasker™, its parents, subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from or arising out of any act or omission of Consumer to the fullest extent permitted by law.

NO THIRD PARTY BENEFICIARIES

Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than GoTasker™ and the Consumer, any benefit, right or remedy.

SURVIVAL

Termination of this Agreement will immediately terminate your right to use the Service, but shall not terminate those provisions that by their nature should survive, including Ownership of Service and Restrictions on Use, No Warranty or Endorsement, Interactions and Disputes with Service Providers, Release, No Warranties, Limitations of Liability, all provisions in the Content on Service section, Disclaimers, Jurisdiction and Choice of Law, Severability, Dispute Resolution, Indemnification, No Third Party Beneficiaries, and Survival.

These Terms of Service were last modified 2019.

Terms of Service for Service Professionals

Welcome to GoTasker™, a technology service (“Service”) that enables service professionals (a “Service Provider” or “Pro”) to run their business operations and to participate in the GoTasker™ consumer marketplace owned and operated by Fracxion, LLC (“The Company,” “we,” or “us”). This page explains the terms by which you may use our Service as a Service Provider to receive customers (“Consumers”) referrals, including but not limited to our interactive and/or mobile service, web sites, and software. For our Terms of Service for Consumers click here.

ACKNOWLEDGEMENT & ACCEPTANCE

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by this Terms of Service Agreement (this “Agreement”). This Agreement applies to Service Providers who access the Service (“Users”). You acknowledge and accept that (i) this Agreement contains important exclusions of warranties and liabilities by us, together with a release of liability, (ii) we reserve the right to change, modify or discontinue the Service at any time, and (iii) your agreement to be bound by this Agreement includes agreeing to the foregoing. If you do not so agree, you must immediately discontinue use of the Service and remove the app from your devices.

You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on the Service or by notifying Service Providers directly in our sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to such changes. We do not and will not assume any obligation to notify Users of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the terms of this Agreement, as it may be changed from time to time.

OWNERSHIP OF SERVICE AND RESTRICTIONS ON USE

We own the Service and all intellectual property rights relating to the Service, together with all content contained in the Service (whether provided by us, Service Providers, Users or otherwise). We do not however claim ownership of the specific content that you load into the Service relating to you as a Pro, your pre-existing customers, or pricing, provided that as a condition of your use of the Service you grant us the right to use such content for our internal business purposes, including metrics compilation and assessment, analytical purposes, and marketing purposes, and otherwise as permitted by our Privacy Policy.

INFORMATION YOU PROVIDE AS A PRO

Business Profile

We require Service Providers to complete a profile (“Business Profile”). We do not review or verify the information or representations set forth in those Business Profiles; and disclaim any responsibility to do so. By completing the Business Profile, you warrant that the information you submit on the Business Profile is complete, accurate and current.

Licenses and Permits

Service Providers are requested to post licensing information in their Business Profile. Different jurisdictions may require state and/or local (county or municipal) level licensing and/or permits for certain services, work, and/or project amounts and it is the Service Providers’ obligation to determine such requirements and be in compliance at all times with them. We do not investigate such state and/or local licensing or permitting requirements, nor do we verify any information that Service Providers post, and we disclaim any responsibility to do so. By posting such information, you warrant that the information you submit is complete, accurate, and current and that you will adhere to all licensing and permitting requirements.

Insurance and Bonding

Service Providers may post information and documents concerning insurance policies and/or bonds covering their operations. We do not verify this information and disclaim any responsibility to do so. By posting such information, you warrant that the information you submit is complete, accurate, and current.

Customer Data

Customer Data provided by the Company to a Service Provider remains the property of the Company and may be used by a Service Provider solely for the provision of services, and may not be further disclosed or used outside of the Service. Individual customer data already in the Pro’s possession and separately entered or imported by the Pro shall remain the property of the Pro and the Company will not market services of other Service Providers to such Pro’s customers without the consent of the Pro.

Service Pricing Data

Service pricing data entered or imported by Service Providers shall remain the property of the Pro. The Company will not share individual pricing with other Pros, however the Company may use it for the Company’s business purposes, including but not limited to gathering metrics or analyzing data (whether on an individual or composite basis).

Company Logo

As a Service Provider, you grant us the right and permission to use your logos in our marketing and in your Business Profile for purposes of providing the Service.

Feedback

In the event that you provide us with any feedback regarding the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the Service (“Feedback”), you hereby assign to us all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

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SUBSCRIPTION FEE FOR USE OF THE SERVICE

Subscription fee

We have various levels of service that are billed on a subscription basis. When you sign up for a subscription-billing based account, you agree to allow us to bill your credit card (or other payment method) for all due charges. Billing occurs on the first billing cycle of the month. We will re-bill for any failed billing or past-due amounts. You will be pro-rated for the initial month in which you start the Service to only include billing for the days remaining in the month from the day of sign-up. For all subsequent months, we will bill you for a full month of subscription fees regardless of whether you cancel within that month.

Money-back guarantee

We offer a money-back guarantee for the first thirty (30) days of your subscription. We will refund all of your monthly subscription charges if you cancel within this time period. You will not receive a refund for items that are not included in the baseline monthly subscription fee (including setup fees, postcards, etc.). To cancel your service and request a refund, please email us at cancel@gotasker.com.

PAYMENT PROCESSING TERMS FOR SERVICE PROVIDERS

Card Not Present

You acknowledge that all payment card transactions are processed as “card not present” transactions, even where the Consumer is at the physical point of sale and a Consumer has different Chargeback rights for “card not present” transactions than for transactions where the buyer physically presents the card to the seller.

Underwriting

We will review some or all of the information that you submit in connection with your request to sign up for the Service. We may forward such information on to our payments processor. After you submit your application, we or our processor may conclude that you will not be permitted to use the Service.

Transaction Limits

We may impose various transaction limits and rules on Service Providers. If you believe that the transaction limits are interfering with your business, please contact our support to request higher limits. We may require more information about your business to evaluate your request and will decide at its sole discretion whether to honor such requests. We will consider a variety of factors in making this decision, including but not limited to a proprietary set of rules, Chargeback rates, transaction behavior, and other supplemental data about your business.

Payment Processing Fees

You agree to pay an activation fee in addition to our subscription fee. By enrolling, you authorize Fracxion Software. LLC to charge you for your initial subscription period and a recurring annual or monthly membership at the then current rate, which may change from time to time. Your subscription will automatically renew and prior to the start of the next subscription period, you will be charged the applicable fee(s) to your provided payment method on a recurring basis until canceled as set forth herein

Access to Your Funds

We will deposit to your bank account the amounts actually received by us for transactions submitted through the Service (less any applicable fees). We reserve the right to revise our payout schedule at any time and in our sole discretion. Once your bank account information has been verified, we will automatically initiate a payout to your designated bank account at the end of every business day except as provided below. Payouts to your bank account will normally register within 2-3 business days subject to your bank’s policies.

Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when we or the designated financial institutions have accepted the transaction or funds. You are responsible for monitoring your transactions and ensuring that our payments to you are correct. You must notify us of any errors in payments made to you within sixty (60) days of the error first appearing on your electronic transaction history. Failure to notify us of such an error will be deemed a waiver of any right to amounts owed to you.

Restrictions on Availability of Funds

Should we need to conduct an investigation or resolve any suspicious activity or a pending dispute related to your account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entity.

Reversals

The amount of a transaction may be reversed or charged back to your bank account (a “Chargeback” or “Reversal”) if the transaction (a) is disputed, (b) is reversed for any reason by the applicable card association (“Card Association”), our processor or a payer’s or our financial institution, (c) was not authorized or we have reason to believe that the transaction was not authorized or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.

There is a non-refundable $25 fee for each Reversal regardless of the outcome of the dispute.

Contesting Reversals

You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Service. To that end, you permit us to share information about a Reversal with the payer, the payer’s financial institution, and your financial institution in order to investigate and/or mediate a Reversal. We will request necessary information from you to contest the Reversal. If the Reversal is contested successfully, we will release the reserved funds to the Service Provider account. If a Reversal dispute is not resolved in your favor by the Card Association or issuing bank or you choose not to contest the Reversal, we may recover the Reversal amount and any associated fees as described in this Agreement. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Reversal. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.

Our Collection Rights for Reversals

For any transaction that results in a Reversal, we may withhold the Reversal amount in a Reserve (defined below). We may deduct the amount of any Reversal and any associated fees, fines, or penalties assessed by the Card Association or our processor from your bank account (including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have a pending Reversal, we may delay payouts to your bank account. Further, if we reasonably believe that a Reversal is likely with respect to any transaction, we may withhold the amount of the potential Reversal from payments otherwise due to you under this Agreement until such time that (a) a Reversal is assessed due to a Consumer’s complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which the Consumer may dispute that the transaction has expired or (c) we determine that a Reversal on the transaction will not occur. If we are unable to recover funds related to a Reversal for which you are liable, you will pay us the full amount of the Reversal immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all the account deficit balances unpaid by you.

Excessive Reversal

If we determine that you are incurring an excessive amount of Reversal, we may establish controls or conditions governing your account, including without limitation, by (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Reversal and related fees, (c) delaying payouts and (d) terminating or suspending your access to the Service.

Reserve

If we have reasonable suspicion of misuse, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks or refunds, or other indications of performance problems related to your use of the Service. The Reserve will be in an amount as reasonably determined by us to cover anticipated Chargebacks, returns, unshipped merchandise and/or unfulfilled products or services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or otherwise as we or our processor may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your account, including but not limited to any funds (a) due to you under this Agreement or (b) available in your bank account or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your bank account.

Taxes

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our Service (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. In addition to complying with any other reporting obligations that we may have, if in a given calendar year you receive (i) more than $20,000 in gross amount of payments and (ii) more than 200 payments, we will report annually to the Internal Revenue Service (“IRS”), as required by law, your name, business name, address, Tax Identification Number the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year.

Customer Service

You are solely responsible for all customer service issues relating to your services, including pricing, fulfillment, cancellation by you or a Consumer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing customer service, you must always present yourself as a separate entity from us.

Refunds and Returns

You agree to process returns, and provide refunds and adjustments for, your goods or services through your Pro account in accordance with these terms and Card Association rules. Card Association rules require that you will (a) maintain a fair return, cancellation or adjustment policy, (b) disclose your return or cancellation policy to Consumers at the time of purchase, (c) not give cash refunds to a Consumer in connection with a Card sale, unless required by law and (d) not accept cash or any other item of value for preparing a card sale refund. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the Consumer for postage that the Consumer paid to return merchandise. If you accept returns and are making an uneven exchange of merchandise (e.g., the sales price is not the same), you must issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the buyer, you may still receive a Chargeback relating to such sales. You can process a refund through your account up to sixty (60) days from the day you accepted the payment. If the balance in your account is insufficient to cover the refund, we will withdraw up to the requested refund amount from your bank account and credit it back to your Consumer’s card. Transaction fees are also refunded, so the full purchase amount is always returned to your Consumer. We have no obligation to accept any returns of any of your goods or Service on your behalf.

Account History

We provide you an online transaction history of all of your authorized transactions. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your account and your use of the Service and (b) reconciling all transactional information that is associated with your account.

Processing Errors

We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the correct amount to which you were entitled, we will credit your bank account for the difference. If the error results in your receipt of more than the correct amount to which you were entitled, we will debit the extra funds from your bank account. We will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.

SMS NOTIFICATION, CHAT, AND PHONE NUMBER

Default phone number

We will provide a default notification phone number for your business. This phone number will send job related notifications to your Consumers when notifications are turned on. Consumers will not be able to respond to messages sent from this default number.

Company specific notification phone number

You will be able to add company specific phone number feature for an additional monthly charge if your subscription includes access to this feature. You can choose the area code in which the company specific phone number is located. This number cannot be changed once it is chosen.

Notification phone number transferability

Company specific notification phone numbers are not transferable. Your company specific notification phone number will be held for ninety (90) days if you cancel your subscription.

Restrictions and limitations

If we have reasonable suspicion of misuse, we may temporarily suspend or deactivate your phone number functionality.

Relationship between the Company and Service Providers

The Company and Service Providers are separate entities and the employee of one of those entities is not an employee of another entity. The Company is not an agent of the Service Providers and vice versa. The Company provides only a referral service to Service Providers. In no event will the Company be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Service Providers or any of its affiliates or their respective personnel.

INTERACTIONS AND DISPUTES WITH CONSUMERS

No Warranty or Endorsement of Service Provider Services

THE COMPANY DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR PRO. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. THE COMPANY DOES NOT WARRANT A PRO’S PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY PRO. THE COMPANY DOES NOT CONTRACT FOR OR PERFORM, AND IS NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY SERVICE PROVIDERS OR THE SERVICE PROVIDERS ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT THE COMPANY MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT YOU HAVE SOLE RESPONSIBILITY FOR RENDERING THE SERVICES REQUESTED BY THE CONSUMER IN A PROFESSIONAL AND ACCEPTABLE MANNER. YOU INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY FROM ANY AND ALL CLAIMS ARISING FROM YOUR PERFORMANCE (OR FAILURE TO PERFORM) ANY SERVICE REQUEST OF A CONSUMER, INCLUDING ANY CLAIMS OF PERSONAL INJURY/DEATH OR PROPERTY DAMAGE.

Relationship Between Service Providers and Consumers

SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH CONSUMERS. A CONSUMER’S RIGHTS UNDER CONTRACTS A CUSTOMER ENTERS INTO WITH A SERVICE PROVIDER IS GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS. SHOULD A CUSTOMER HAVE A DISPUTE WITH ANY PRO, THE CUSTOMER MUST ADDRESS SUCH DISPUTE WITH THE SERVICE PROVIDER DIRECTLY. THE COMPANY IS NOT A PARTY TO THE CONTRACTS BETWEEN CONSUMERS AND SERVICE PROVIDERS.

RELEASE

IN EXCHANGE FOR THE SERVICE PROVIDED BY THE COMPANY AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, YOU EXPRESSLY AGREE TO RELEASE THE COMPANY, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE OR ANY INTERACTIONS WITH OR SERVICE YOU PROVIDE TO A CONSUMER, OR ANY DISPUTE YOU HAVE WITH GOTASKER, ANOTHER SERVICE PROVIDER OR A CONSUMER. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

NO WARRANTIES

THE COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES PROVIDED BY THIS SERVICE FOR ANY PURPOSE. THE COMPANY DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE OR FOR ANY DAMAGE TO YOUR DEVICES OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SERVICE. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABLITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SERVICE, (2) THE CONDUCT OF A USER, SERVICE PROVIDERS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE COMPANY IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE SERVICE OR THE ENFORCEMENT OF THE TERMS. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, THE COMPANY USERS, ADVERTISERS AND/OR SPONSORS ON THE SERVICE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Blocking of IP Addresses and UDIDs

In order to protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block Users from certain IP addresses and Unique Device Ids (UDIDs) from accessing the Service.

SECURITY

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we do not guarantee the adequacy of such measures nor do we guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk and release us from any and all claims.

TERMINATION OF ACCOUNT

This Agreement will remain in full force and effect while you use the Service. You may terminate your account at any time, for any reason. To cancel an account, please send an email to cancel@gotasker.com. If you terminate your account, your account will be disabled within 30 days. The Company may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to the Company. All decisions regarding the termination of accounts shall be made in the sole discretion of the Company. The Company is not required to provide you notice prior to terminating your account. The Company is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect. If you are due a refund for canceling your paid account, a refund will be issued to you within fourteen (14) days of request to cancel.

JURISDICTION AND CHOICE OF LAW; SEVERABILITY

DISPUTE RESOLUTION

Both Service Provider and Company agree that any legal disputes or claims between the parties that cannot be resolved informally will be submitted to binding arbitration in Connecticut. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to the Service be instituted more than one (1) year after the cause of action arose.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries, affiliates, officers, agents, partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from or arising out of any act or omission of Service Providers to the fullest extent permitted by law.

NO THIRD PARTY BENEFICIARIES

Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than the Company and the Service Providers, any benefit, right or remedy.

SURVIVAL

Termination of this Agreement will immediately terminate your right to use the Service, but will not terminate those provisions that by their nature should survive, including Ownership of Service and Restrictions on Use, No Warranty or Endorsement, Interactions and Disputes with Service Providers, Release, No Warranties, Limitations of Liability, Disclaimers, Jurisdiction and Choice of Law, Severability, Dispute Resolution, Indemnification, No Third Party Beneficiaries, and Survival.

These Terms of Service were last modified 2019.