Taskrabbit Delivery Platform Terms of Service

Support May 08, 2026 20:28

Last Updated: May 26, 2026

These Taskrabbit Delivery Platform Terms of Service (the “Terms of Service” or the “Terms”) constitute a legally binding agreement between the User (defined below) of the Platform (defined below) (“you” or “your”) and Taskrabbit Delivery Platform, LLC (together with its Affiliates (defined below), “Taskrabbit Delivery”, “we”, “us” or “our”) governing your use of Taskrabbit Delivery’s websites (including book-delivery.taskrabbit.com, lighthouse.taskrabbit.com, taskrabbit.com/delivery, helpers.taskrabbit.com, developer.taskrabbit.com, papi.taskrabbit.com, delivery-help.taskrabbit.com, delivery-login.taskrabbit.com, and d-mail.taskrabbit.com) (together, the “Sites”), Taskrabbit Delivery Customer and Helper/Hand mobile applications (together, the “Apps”), and related services, information and communications (collectively referred to herein as the “Platform” or the “Taskrabbit Delivery Platform”).

The use of all personal data you submit to the Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”).

SECTION 3 OF THESE TERMS CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST TASKRABBIT DELIVERY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS YOU AGREE TO WAIVE YOUR RIGHT TO RESOLUTION OF COVERED DISPUTES AND CLAIMS IN A COURT OF LAW BY A JUDGE OR JURY. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR ACCESSING AND USING THE PLATFORM AND/OR PERFORMING TASKS (DEFINED BELOW), YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY (WITHOUT LIMITATION OR QUALIFICATION) THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM OR PERFORM TASKS.

1. The Taskrabbit Delivery Platform

A. Online Marketplace.

The Platform is an online web- and app-based two-sided marketplace which enables connections between (i) Customers and (ii) Helpers and Hands. “Customer(s)” are individuals and/or businesses seeking to obtain short-term services (“Task(s)”). “Helpers(s)” and “Hand(s)” are independent business owners seeking to perform Tasks for Customers. Helpers provide the vehicle(s) that will be used to perform Tasks. Hands have a mode of transportation to arrive at the Task location, but do not provide the vehicle(s) that will be used to perform Tasks.

Helpers and Hands are independent business owners, providing services under their own name or business name (and not under Taskrabbit Delivery’s name), and using their own vehicles, tools and supplies. Helpers and Hands may (a) maintain a clientele without any restrictions from Taskrabbit Delivery; (b) offer and provide their services elsewhere, including through competing platforms; (c) accept or reject Tasks and Service Agreements (defined below) for any reason in their sole discretion; and (d) appoint subcontractors (“Assistants”) to assist with performing Tasks in their sole discretion. Helpers and Hands are independent contractors of Customers, and Customers are therefore clients of Helpers and Hands, not Taskrabbit Delivery.

Customers, Helpers, Hands, and Assistants are referred to herein together as “User(s)”.

B. Taskrabbit Delivery’s Role.

The Platform is not an employment agency service or business, and Taskrabbit Delivery is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Taskrabbit Delivery.

Users acknowledge and agree that (a) Taskrabbit Delivery does not (i) perform Tasks nor employ individuals to perform Tasks, (ii) supervise, scope, direct, control, or monitor Helpers’ or Hands’ work (including that Taskrabbit Delivery does not set Helpers’ and Hands’ work locations, work hours, or terms of work), nor provide tools or supplies to Helpers or Hands, or (iii) have any control over the quality, timing, means used, environment, legality, failure to provide, manner of provision, or any other aspect whatsoever of Tasks or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to themselves or each other; and (b) the formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Taskrabbit Delivery, nor any employment or other relationship between Taskrabbit Delivery and the Users or between the Customer and the Helper and/or Hand. Users do not have authority to, and may not act as an agent for, nor bind or make any representations on behalf of, Taskrabbit Delivery.

Taskrabbit Delivery is not and does not operate as a broker, carrier, freight forwarder, consolidator, agent, or other participant involved in or responsible in any manner for the physical transportation, delivery, brokerage, storage, or other carriage of property and disclaims having any duty or involvement in the performance of Tasks. Taskrabbit Delivery is not intended for use by any motor carriers, shippers, brokers, freight forwarders, or agents regulated or subject to regulation by the U.S. Department of Transportation (“USDOT”) or its state agency equivalents or subject to the rules and regulations established under the Federal Motor Carrier Safety Administration or its state agency equivalents. Taskrabbit Delivery does not receive either, directly or indirectly, any freight or brokerage fees, commission, or other remuneration of any kind related to the provision of Tasks. Any and all fees and compensation received by Taskrabbit Delivery, either directly or indirectly, is attributable solely to Taskrabbit Delivery’s maintenance of the Platform and facilitating use and access thereto, not for the purposes of brokerage, payment processing, or otherwise.

Taskrabbit Delivery is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, disability insurance, employer’s liability, employer training tax, social security contributions, PAYE or other applicable payroll withholdings in connection with a User’s use of the Platform, or personal income tax. Helpers and Hands assume full and sole responsibility for all required and applicable income tax and social contributions, such as Social Security withholdings as to Helpers, Hands, and all persons engaged by them in the performance of Tasks. Each User assumes all liability for proper classification of such User’s workers based on applicable laws.

C. Service Agreement.

Once a Task is scheduled via the Taskrabbit Delivery Platform the Customer and all Helpers and Hands who accept and agree to the Task form a legally binding contract between them (the “Service Agreement”). The terms of this Service Agreement include the details of the Task proposed by the Customer and accepted by the Helpers and Hands, and any other terms agreed to by and between the Customer and the Helpers and Hands in the chat thread for the Task. The Customer and the Helpers and Hands agree to comply with the Service Agreement and these Terms during the engagement, performance and completion of a Task. Helpers and Hands are responsible for exercising their own business judgment when entering into Service Agreements and performing Tasks, and acknowledge that they do so at their own risk and that there is a chance for individual profit or loss. Taskrabbit Delivery is not a party to any Service Agreement. The formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Taskrabbit Delivery.

D. Other Parties.

(i) Assistants. Helpers may engage their own subcontractors to complete Tasks. Any such Assistant must first agree to these Terms and complete a Background Check (defined below). Assistants, to the extent permitted under applicable law, agree to undergo such Background Checks and to accurately and completely submit all required information necessary to complete the Background Checks. Taskrabbit Delivery cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users. Any Background Checks, if performed, are conducted solely to help promote a safer user experience and do not guarantee the identity, conduct, suitability, or fitness of any Assistants. Assistants agree to furnish any other information Taskrabbit Delivery reasonably requests to comply with (or verify compliance with) applicable legal requirements. Helpers assume full and sole responsibility for the acts of their Assistants and are responsible for any and all compensation, damages, benefits, taxes, withholdings, and expenses for Assistants.

(ii) Customer Agents. Customers agree that if they have authorized someone other than themselves to book a Task on their behalf or to be present in their stead when the Task is performed, the Customer is appointing that person as their agent (“Customer Agent(s)”), and the Customer is deemed to have granted to the Customer Agent the authority to act as their agent in relation to the applicable Task. Customer Agents may direct or instruct the Helper and Hand’s performance of the Task, and the Helper and Hand may follow such direction as if the direction was given by the Customer. The Customer assumes full and sole responsibility for the acts and omissions of Customer Agents.

2. Use of the Taskrabbit Delivery Platform

A. Customer, Helper and Hand User Account Registration.

You must register and create an account to access and use the Platform, providing only correct and accurate information. You agree to ensure that your Taskrabbit Delivery account information is accurate, and update your Taskrabbit Delivery account with any changes to your account information. If any such change relates to ownership of your telephone numbers, you may notify Taskrabbit Delivery by texting STOP to any text message sent to the retiring phone number. Failure to provide and maintain updated and accurate information may result in your inability to use the Platform and/or Taskrabbit Delivery’s termination of this Agreement with you. Taskrabbit Delivery may restrict anyone from completing registration if it determines that such person may threaten the safety and integrity of the Platform, or if such restriction is necessary to address any other reasonable business concern.

The following additional terms apply to Users registering an account as a Helper or Hand:

(i) Background Checks. To the extent permitted by applicable law, Helpers and Hands may be subject to a review process before they can register on, and during their use of, the Platform, which may include, but is not limited to, identity verification, motor vehicle record checks, and criminal background checks, using third party services as appropriate (“Background Check(s)”). Helpers and Hands, to the extent permitted under applicable law, agree to undergo such Background Checks and to accurately and completely submit all required information necessary to complete the Background Checks. Taskrabbit Delivery cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users. Any Background Checks, if performed, are conducted solely to help promote a safer user experience and do not guarantee the identity, conduct, suitability, or fitness of any Helper or Hand. Helpers and Hands agree to furnish any other information Taskrabbit Delivery reasonably requests to comply with (or verify compliance with) applicable legal requirements.

(ii) Insurance. Helpers and Hands agree to maintain any and all valid insurance appropriate for the Tasks they perform as required by applicable law. If providing or using a vehicle to perform Tasks, this includes but is not limited to automobile liability insurance covering vehicles used for the performance of Tasks that provides protection against bodily injury and property damage to third parties at coverage levels that satisfy the minimum requirements set by applicable law to operate a vehicle on public roads wherever these vehicles are in use. If providing or using a vehicle to perform Tasks, Helpers and Hands agree (i) to be listed as an insured or a driver on their automobile liability insurance; (ii) upon request, to provide Taskrabbit Delivery with the name of their insurance policy provider, a valid insurance policy number, and/or a copy of the insurance policy, policy declarations, proof of insurance identification card and/or proof of premium payment for their policy, as well as copies of the same upon renewal; and, (iii) to immediately notify Taskrabbit Delivery if their automobile liability insurance policy is canceled.

(iii) Vehicles and Licenses. Helpers and Hands providing a vehicle to perform Tasks acknowledge and agree that:

they will hold and maintain (i) a valid driver’s license necessary for the operation of the vehicle they are using to perform Tasks as required by applicable law and (ii) any necessary licenses, permits, certificates, and/or approvals as required by applicable law;
during the performance of Tasks, they will only use vehicles that they have added to their User account, and will not utilize a Commercial Motor Vehicle or engage in any activity that would necessitate them to obtain a state or federal commercial driver’s license or register as a motor carrier with the USDOT or other similar state agencies. A “Commercial Motor Vehicle” includes, but is not limited to, any vehicle with a Gross Vehicle Weight Rating or Gross Combination Vehicle Weight, whichever is greater, in excess of 10,001 pounds or more;
they will not use the Taskrabbit Delivery Platform to engage in any activity which would necessitate classification or registration as a motor carrier or other regulated transportation provider subject to regulation by the USDOT and/or similar state or federal departments or agencies;
they will maintain vehicles used to perform Tasks in good operating condition, at their sole expense, consistent with all applicable industry safety standards; and
they will drive safely and obey all traffic laws when performing Tasks.

B. User Representations and Warranties.

In your access to and use of the Platform, you represent and warrant that you:

are at least 18 years of age, and are otherwise capable of entering into binding contracts;
will comply fully with the terms of the Agreement;
have the right, authority and capacity to enter into the Agreement (including that you have the right and authority to act on behalf of, and bind to the Agreement, any company or organization on whose behalf you are entering into the Agreement);
will only request and/or perform (as applicable) Tasks in a location where the Platform has a presence;
will respect the privacy (including, without limitation, private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or Taskrabbit Delivery without obtaining the prior written consent of Taskrabbit Delivery and/or the relevant User, as applicable;
will act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Users (including by communicating clearly and promptly through the chat thread, and being present and/or available at the time you agree upon with other Users);
will only utilize the third-party payment service provider to make or receive payment for Tasks;
will use your legal name and/or legal business name (as per your government issued identification and registration documents) and an up-to-date photo on your profile;
will comply with all applicable local, state, provincial, national, or international laws in your use of the Platform;
will not use the platform to defame, abuse, harass, stalk, threaten, intimidate, 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/or Taskrabbit Delivery staff;
will ensure that all communications regarding Tasks (including, without limitation, scoping and payments and any questions relevant to Tasks), remain on the Platform, before, during and after the Task; and
will not use the Platform for an improper purpose, including: (i) using a robot, spider, manual, meta tag, “hidden text,” agent, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Taskrabbit Delivery Platform, or the electronic addresses or personal information of others, in any manner; (ii) utilize framing techniques to enclose all or any portion of the Platform; (iii) hacking or interfering with the Platform, its servers or any connected networks; (iv) adapting, altering, licensing, sublicensing or translating the Platform for your own personal or commercial use; (v) removing, altering, or misusing, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Taskrabbit Delivery and Affiliates; (vi) soliciting for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose, not permitted by the Agreement; (vii) collecting usernames, email addresses, or other personal information of Users by electronic or other means; (viii) registering (1) under different usernames, identities or false identities (including after your account has been suspended or terminated), (2) under multiple usernames or false identities, or (3) using inaccurate information (including using a false or disposable email or phone number); (ix) using tools with the goal of masking your IP address (like the TOR network); (x) copying, downloading, using, redesigning, reconfiguring, or retransmitting anything from the Taskrabbit Delivery Platform without Taskrabbit Delivery’s express prior written consent, and/or if applicable, the consent of the holder of the rights to the User Generated Content; (xi) using any artificial intelligence technologies to create or generate a Platform account, or to impersonate another person or User; and (xii) submiting any part of the Platform (including, without limitation, any Taskrabbit Delivery information) into any artificial intelligence technologies.

C. Additional Helper, Hand and Assistant Representations and Warranties.

If you are a Helper, Hand or an Assistant, you additionally represent and warrant that, in your access to and use of the Platform, you:

are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity when using the Platform;
are customarily engaged in an independently established business of the same nature as the services you perform for Customers through the Platform, and maintain an independent clientele;
are solely responsible for controlling the method, manner and means of providing Tasks and what may occur during your performance of Tasks, including any damage to the personal property of any Customer while you are performing Tasks;
have the unrestricted right to work in the jurisdiction in which you perform Tasks;
have and will maintain (at your own expense) any licenses, permits, certificates, and/or registrations required by applicable laws that apply to your performance of Tasks (including, as applicable, a business license, business tax registration, and/or contractor’s license);
have and will maintain (at your own expense) all insurance required by applicable law to operate your business and perform the Tasks;
will respond to invitations promptly; provide timely, high-quality services for your Customers; only offer and provide Tasks for which you have the necessary expertise to perform; and perform the Tasks as agreed upon with your Customer in a safe manner; and
will promptly disclose to Taskrabbit Delivery 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 the Platform.

D. Prohibited Tasks.

The Taskrabbit Delivery Platform is unavailable for, and Users may not request or perform, Tasks involving certain prohibited items or services that are listed in our Prohibited Tasks Policy (“Prohibited Tasks”). Users agree, as applicable, not to request or perform Prohibited Tasks through the Taskrabbit Delivery Platform.

E. Damage Protection

Although Taskrabbit Delivery is not liable for the acts or omissions of Users, for certain Tasks involving the transportation of goods, Taskrabbit Delivery, in its sole discretion, provides limited damage protection to Users in order to help ensure that they have a positive and safe experience with the Taskrabbit Delivery Platform. For these Tasks, Taskrabbit Delivery offers either $300 (for most Tasks) or $1000 (for whole apartment move Tasks) in property damage protection for goods while they are being transported by Helpers or Hands, and may provide Users with the option of purchasing additional protection (“Damage Protection). The amount of available Damage Protection for each Task, if any, will be shown to the Customer as part of the booking flow.

This Damage Protection only applies to physical damage to, or loss of, tangible property belonging to a Customer due to the negligence of a Helper or Hand. It does not apply to damage to the surrounding environment such as floors, walls, ceilings, and so on. This Damage Protection also does not apply in circumstances where the Customer failed to properly package their property so as to prevent damage.

In order to make a claim for Damage Protection, a User must submit a claim to Taskrabbit Delivery customer service within 14 days of the Task giving rise to the claim. Taskrabbit Delivery reserves the right to reject any claims made outside of this timeframe. To be eligible for Damage Protection, the Task giving rise to the claim must have been booked and fully paid for through the Taskrabbit Delivery Platform; acts outside the scope of the Task do not qualify for Damage Protection. Tasks booked in violation of Taskrabbit Delivery’s Prohibited Task policy do not qualify for Damage Protection. The value of any given item for the purposes of this Damage Protection will be determined to be the lesser of (a) the actual cash value of the item considering its accumulated depreciation, or (b) the cost of replacement, as may be reasonably determined by Taskrabbit Delivery. The discretionary purchase of additional protection by a User shall not impact this value determination.

For the avoidance of doubt, Tasks booked through Taskrabbit Delivery are not eligible for Taskrabbit Inc.’s Happiness Pledge and/or TaskProtect.

F. Account Security.

You are fully and solely responsible for (a) maintaining the confidentiality of any log-in, password, and account number provided by or given to you to access the Platform; and (b) all activities that occur under your password or account, even if not authorized by you. Taskrabbit Delivery has no control over any User’s account. You agree to notify Taskrabbit Delivery immediately if you suspect any unauthorized party may be using your Platform password or account or any other breach of security.

G. License.

Subject to your compliance with the terms of the Agreement, Taskrabbit Delivery grants you a limited, non-exclusive, non-transferable and revocable license to (a) access and use the Platform (in the locations and territories where the Platform has a presence), (b) download, access and use Taskrabbit Delivery’s apps on your personal device, solely in furtherance of your use of the Platform, and (c) access and view any content, information, and materials made available on the Platform, in all cases for your personal use and the intended purpose of the Platform. Users may not copy, download, use, redesign, reconfigure, reverse engineer, or retransmit the Platform or anything therefrom or thereon (in whole or in part) without Taskrabbit Delivery’s prior written consent. Any rights not granted by Taskrabbit Delivery are expressly reserved.

3. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND TASKRABBIT DELIVERY CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND TASKRABBIT DELIVERY TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

A. Agreement to Binding Arbitration.

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND TASKRABBIT DELIVERY 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 the Agreement and your relationship with Taskrabbit Delivery.

B. Covered Disputes.

To the fullest extent permitted by applicable law, you and Taskrabbit Delivery agree to arbitrate any and all disputes and claims (the “Claim(s)”) relating to, arising from or regarding your use of the Platform, your relationship with Taskrabbit Delivery, Tasks, or the Agreement (including previous versions), including Claims by Taskrabbit Delivery, Claims against Taskrabbit Delivery and Claims against Taskrabbit Delivery’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 Taskrabbit Delivery, or the threatened or actual suspension or deactivation of your account; 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 Taskrabbit Delivery 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 Taskrabbit Delivery agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below. To the extent that any third-party beneficiary to this Agreement brings claims against a party, those claims shall also be subject to this Arbitration Agreement. If either party brings both arbitrable and non-arbitrable claims in the same action or related actions, both agree that the non-arbitrable claims shall be stayed until the conclusion of the arbitration, to the fullest extent permitted by law.

C. Class Action Waiver.

Except as otherwise required under applicable law, you and Taskrabbit Delivery agree that any arbitration will be limited to the Claim between Taskrabbit Delivery (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND TASKRABBIT DELIVERY 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 Taskrabbit Delivery otherwise agree, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. An 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 the 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.

Notwithstanding any other provision of the Agreement or the Arbitration Agreement, this Class Action Waiver does not prevent you or Taskrabbit Delivery from participating in a mass settlement of claims.

D. Mass Action Waiver.

Any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, lawsuit, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action or to award relief to anyone but the individual in arbitration—except as provided below (“Mass Acton Waiver”). The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or Taskrabbit Delivery are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Taskrabbit Delivery’s behalf.

Notwithstanding any provision to the contrary in the applicable arbitration provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of this Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a mutually agreeable arbitrator shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of this Mass Action Waiver (if the parties cannot agree on an arbitrator within 30 days after names of potential arbitrators have been proposed, then a single arbitrator shall be chosen by the AAA); (ii) Taskrabbit Delivery shall pay any administrative fees or costs incidental to the appointment of the arbitrator under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrator; (iii) the arbitrator shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator determines that any party has violated the Mass Action Waiver, the parties shall each have the opportunity to opt out of arbitration within 30 days of the arbitrator’s decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to Taskrabbit Delivery Platform LLC, Attn: Legal Department, 10800 Alpharetta HWY, STE 208-562 Roswell, GA 30076-1467. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. Taskrabbit Delivery may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this section only applies if the arbitrator determines that a party has violated the Mass Action Waiver.

Notwithstanding any other provision of the Agreement or the Arbitration Agreement, this Mass Action Waiver does not prevent you or Taskrabbit Delivery from participating in a mass settlement of claims.

E. Representative PAGA Waiver.

To the fullest extent allowed by law: (1) you and Taskrabbit Delivery 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 Taskrabbit Delivery 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 the 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 the 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.

F. Rules and Logistics of 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 the Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer 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 Taskrabbit Delivery 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. Claims will be governed by their applicable statute of limitations and failure to demand arbitration within the prescribed time period shall bar the Claims as provided 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 responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable AAA rules and shall be up to the amount you would be required to pay if you filed a claim in court.

Unless you and Taskrabbit Delivery agree otherwise, any arbitration hearings with a Helper, Hand or Assistant will take place remotely or in the county of the Helper, Hand or Assistant’s billing address, and any arbitration hearings with a Customer will take place remotely or in the county in which the Customer received Task services. If AAA arbitration is unavailable in your county and the parties wish to proceed with an in-person hearing, the arbitration hearings will take place in the nearest available location for a AAA arbitration.

G. Exceptions to Arbitration.

The Arbitration Agreement does not apply to arbitration of the following types of claims:

Claims for workers’ compensation, disability insurance and unemployment insurance benefits;
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 is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; and
Claims that have been expressly excluded from mandatory arbitration by the Federal Arbitration Act or a governing 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. The 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.

H. Severability.

In addition to the other severability provisions of this Arbitration Agreement, 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.

I. Opt Out of Arbitration (Helpers, Hands and Assistants).

For Helpers, Hands and Assistants, you may opt out of the requirement to arbitrate if you have not previously agreed to an arbitration provision in Taskrabbit Delivery’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 requirement to arbitrate made by this version of the arbitration agreement in the manner specified below, but opting out of this requirement to arbitrate has no effect on any previous, other, or future arbitration requirements that you may have with Taskrabbit Delivery.

Except as specified in this Arbitration Agreement, if you are a Helper, Hand, or an Assistant, you may opt out of the requirement to arbitrate by notifying Taskrabbit Delivery in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to:

Taskrabbit Delivery Platform LLC

Attn: Legal

10800 Alpharetta HWY, STE 208-562

Roswell, GA 30076-1467

The written notification must include: (i) your name, (ii) your address, (iii) your telephone number, (iv) your email address, and (v) a clear statement indicating that you wish to opt out of the requirement to arbitrate.

J. Claims in Pending Class Action.

If you are a member of a putative class in a wage and hour class action lawsuit against Taskrabbit Delivery that is pending as of the effective date of these Terms of Service, then this Arbitration Agreement shall not apply to your claims in that particular class action. Instead, your claims in that action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to the Agreement’s effective date.

4. Fees, Billing, Invoicing, Payment, and Promotions; Cancellation Fees

A. Task Payment and Other Amounts Owed by the Customer.

In order to book a Task, you must provide a payment method and/or have an existing payment method linked to your account. You authorize us to process your Task payment via your existing payment method. If we are unable to charge your existing payment method, you authorize us to use any payment methods you have previously linked to your account. You acknowledge and agree that we may prevent you from booking future Tasks, if any amounts remain outstanding on your account. Unless otherwise expressly stated in this Agreement, all payments are non-refundable.

B. Amounts Owed by Helpers and Hands.

Helpers and Hands will be responsible for (1) paying registration fees, if applicable, and (2) repaying to Taskrabbit Delivery or the payment service provider any erroneous payments or other amounts received.

C. Payment Service Provider.

All amounts owed and/or to be paid by any User must be paid through the third-party payment service provider (“PSP”). Customers provide their payment method details to Taskrabbit Delivery and the PSP. Helpers and Hands set up an account with the PSP, which may require registration with the PSP, provision of their federal tax ID, consent to the terms of service of the PSP (the “PSP Services Agreement”), and completion of a vetting process and/or account validation. Taskrabbit Delivery is not a party to any PSP Services Agreement, and has no obligations, responsibility or liability to any Helper, Hand or other party under any PSP Services Agreement.

D. Fraud.

Notwithstanding anything herein to the contrary, the Customer will not be held responsible for transactions that are identified by Taskrabbit Delivery as potential or confirmed fraud; provided that the Customer did not contribute to or cause (directly or indirectly, in any part) such fraud. In these instances, a transaction may be declined, frozen or held until investigation is complete.

E. Sales Tax Collection and Remittance.

Users of the Platform may be liable for taxes or similar charges, which are imposed on the Tasks performed and/or fees paid under the Agreement and must be collected and/or paid.

In certain jurisdictions, applicable rules may require that we collect and/or report tax and/or revenue information about you to applicable tax authorities. You agree that Taskrabbit Delivery may issue, on your behalf, receipts or similar documentation to facilitate accurate tax reporting, and use of your account may be paused until such documentation is provided.

Notwithstanding anything herein to the contrary, however:

Helpers and Hands remain fully responsible and liable for, and in charge of, compliance with all tax obligations applicable to them and the Tasks (including performance thereof), (including, without limitation, filing their tax returns and paying taxes ) relating to the Tasks performed by them for the benefit of their Customers. Helpers and Hands should consult with their own tax advisors to ensure compliance with applicable tax and reporting requirements.
Taskrabbit Delivery is neither responsible nor liable for ensuring Users’ compliance with applicable tax obligations. Without limitation, Taskrabbit Delivery shall not be held responsible for any breach of a Helper or Hand’s tax obligations, including (without limitation) that Taskrabbit Delivery shall not be held jointly and severally liable for taxes, interest on overdue taxes, or for any penalties or fines that would be owed by the Helper or Hand. Taskrabbit Delivery may (i) request the Helper or Hand to confirm and/or demonstrate that they are up to date with their tax obligations (including social contributions, if applicable); and (ii) deactivate a Helper or Hand’s account or limit their use of or remove the Helper or Hand from the Platform upon (1) a determination from the applicable tax authorities that such Helper or Hand has failed to comply with tax obligations, or (2) if the Helper or Hand is unable or unwilling to confirm and/or demonstrate their compliance with their tax obligations, upon request.

F. Contests and Promotional Codes.

Taskrabbit Delivery may, from time to time, provide certain optional promotional codes, opportunities and contests to Users. All such optional promotional opportunities will be run at the sole discretion of Taskrabbit Delivery, will be subject to the terms and conditions governing the same, and can be implemented, modified, or removed at any time by Taskrabbit Delivery without advance notification. The liability of Taskrabbit Delivery and Affiliates relevant to such promotional opportunities and contests, shall be subject to the limitations set forth in these Terms.

G. Cancellation Fees.

Customers may cancel a Task at any time. However, the Customer may be billed a cancellation fee under certain circumstances. Please consult the Taskrabbit Delivery Cancellation Policy.

5. Termination; Deactivation and Suspension

You may terminate the Agreement between you and Taskrabbit Delivery at any time by ceasing all use of the Platform and deactivating your account. Taskrabbit Delivery may terminate the Agreement between you and Taskrabbit Delivery at any time, and cease providing access to the Platform, if you breach any part of the Agreement or violate applicable laws.

In the event of an actual or suspected breach by you of any part of the Agreement (including, without limitation, abuse, fraud or interference with the proper working of the Platform), Taskrabbit Delivery may (a) suspend your right to use the Platform pending its investigation; (b) deactivate your account or limit your use of the Platform upon its confirmation of a breach; and/or (c) remove any User Generated Content that is in breach of the Agreement or applicable law. Taskrabbit Delivery will provide you with written notice of its determination in accordance with, and as required by, applicable laws. If you wish to appeal any determination made by Taskrabbit Delivery pursuant to this section, please contact us within 14 days of receipt of such notice with the grounds for your appeal.

If Taskrabbit Delivery suspends or deactivates your account or limits your use of the Platform pursuant to this section, you may not register and/or create a new account under different usernames, identities or contact details (whether under your or any other name or business name), even if you are acting on behalf of a third party.

Even after your right to use the Platform is suspended, terminated or limited, the Agreement will remain enforceable against you. Taskrabbit Delivery reserves the right to take appropriate legal action pursuant to the Agreement.

6. User Generated Content

“User Generated Content” is defined as any information, content and materials (including any videotape, film, recording, photograph, voice) you provide to Taskrabbit Delivery, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Platform.

User Generated Content is not the opinion of, and has not been verified or approved by, Taskrabbit Delivery. You acknowledge and agree that Taskrabbit Delivery: (a) is not involved in the creation or development of User Generated Content and does not control any User Generated Content; (b) is not responsible or liable for any User Generated Content (including any accuracy, or results obtained by the use, thereof or reliance thereon); (c) may, but has no obligation to (except where required by law), monitor or review User Generated Content; and (d) reserves the right to limit or remove User Generated Content if it is not compliant with the terms of the Agreement, or any relevant law or regulation.

You are and remain solely responsible and liable for your User Generated Content. To the extent permitted by law, you hereby grant Taskrabbit Delivery, for the full duration of all rights that may exist in the User Generated Content (including any legal extensions thereof), a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right and license to publish, reproduce, disseminate, transmit, distribute, modify, adapt, publish, translate, create derivative works from, publicly perform, exhibit, display (in whole or in part), act on and/or otherwise use your User Generated Content, in any media, form or technology now known or later developed, including (without limitation) in connection with any advertising, marketing, and/or publicizing of the Platform, without any approval by, or compensation to, you. You acknowledge and agree that the foregoing license shall also extend to, and Taskrabbit Delivery and its Affiliates may use (in accordance with this section), your name, username, image, silhouette and other reproductions of your physical likeness, voice, likeness, screenname(s) and/or any biographical, professional and/or other identifying information (collectively, “Likeness”) in, and in connection with, the your use of the Platform, including on websites, social media platforms and third-party digital platforms owned or controlled by us or our Affiliates.

You hereby represent and warrant to Taskrabbit Delivery that (i) have the lawful authority to grant the rights in your User Generated Content as set out herein, and that such rights do not negatively impact any third-party rights; and (ii) your User Generated Content will not: (1) be false, inaccurate, incomplete or misleading; (2) be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (3) infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary or intellectual property right or rights of publicity or personality (to the extent recognized by law in the country where the Task is performed); (4) 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); (5) be defamatory, libelous, malicious, threatening, or harassing; (6) be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (7) 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; (8) claim or suggest in any way that you are employed or directly engaged by or affiliated with Taskrabbit Delivery or otherwise purport to act as a representative or agent of TaskrabbitDelivery ; or (9) create liability for Taskrabbit Delivery or cause Taskrabbit Delivery to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

You hereby waive (x) any “moral rights” associated with the User Generated Content (to the extent allowable by law); and (y) all claims relevant to the User Generated Content and Taskrabbit Delivery’s use thereof and of your Likeness. You release the Taskrabbit Delivery Parties (defined below) from, and shall hold such parties harmless from and against, any and all Liabilities (defined below), (including, without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter), based upon or relating to Taskrabbit Delivery’s use and exploitation of such User Generated Content and your Likeness as permitted herein. THE RELEASES HEREUNDER ARE INTENDED TO APPLY TO ALL CLAIMS NOT NOW KNOWN OR SUSPECTED TO EXIST, WITH THE INTENT OF WAIVING THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542.

Taskrabbit Delivery 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 you believe, in good faith, that any User Generated Content provided on or in connection with the Platform is objectionable or infringes any of its rights or the rights of others, you are encouraged to notify Taskrabbit Delivery. 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 Taskrabbit Delivery.

7. Intellectual Property Rights

The Platform, and all components thereof and content made available and/or displayed thereon (including the Marks (defined below), and all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, information, tools, designs, interfaces and other content (including the coordination, selection, arrangement, and enhancement of, and any and all intellectual property rights in and to, the foregoing (collectively “Proprietary Material”)), is owned by Taskrabbit Delivery, excluding User Generated Content and any third-party websites made available on or via the Platform. Proprietary Material is protected, in all forms, media and technologies now known or hereinafter developed, by domestic and international laws, including those governing copyright, patents, and other proprietary and intellectual property rights. Any use of the Proprietary Material other than as permitted in the Agreement is expressly prohibited.

The service marks, logos and trademarks of Taskrabbit Delivery (the “Marks”) are owned by Taskrabbit Delivery. The Marks are not available for use by Users. You may not copy or use the Marks without obtaining Taskrabbit Delivery’s express prior written consent. Any other trademarks, service marks, logos and/or trade names appearing on the Platform are the property of their respective owner and may not be used without the prior written consent of such owner.

8. Copyright Complaints and Copyright Agent

If you believe, in good faith, that any materials provided on or in connection with the Platform infringe upon your copyright or other intellectual property right, please send the following information to Taskrabbit Delivery’s Copyright Agent identified here:

A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Platform where the material you claim is infringed is visible. Include enough information to allow Taskrabbit Delivery to locate the material, and explain why you think an infringement has taken place;
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;
Your name, address, telephone number, and e-mail address;
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;
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,
Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

The above information must be submitted to Taskrabbit Delivery’s DMCA agent, using the following contact information:

Attn:

DMCA Notice

Taskrabbit Delivery Platform LLC

Address:

Taskrabbit Delivery Platform LLC

10800 Alpharetta HWY, STE 208-562

Roswell, GA 30076-1467

Tel.:

1-844-340-8275

Email:

http://delivery-help.taskrabbit.com/

Under United States federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that the procedure outlined herein is exclusively for notifying Taskrabbit Delivery and its Affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Taskrabbit Delivery’s rights and obligations under the Digital Millennium Copyright Act of 1998 (as it may be amended, “DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable law.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Platform and/or terminate the User accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. Telephone Communications and Agreement to be Contacted

You acknowledge that by providing your telephone number, you expressly consent and agree to receive calls or text messages, including by manual dialing and/or using an automated telephone dialing system, from Taskrabbit Delivery and Affiliates, or from independent contractors (including Helpers and Hands) related to 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 Taskrabbit Delivery, and/or your relationship with Taskrabbit Delivery, even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge and agree to receive automated calls and text messages from Taskrabbit Delivery and Affiliates, or from independent contractors (including Helpers and Hands) even if you close your account or terminate your relationship with Taskrabbit, unless you opt-out.

We may offer you the chance to enroll to receive recurring text messages from us about service-related news alerts and marketing or promotional offers (“promotional texts”). By enrolling in a promotional text message program, you agree to receive text messages, including from an automated telephone dialing system, to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such texts. Message frequency varies and standard message and data rates apply. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.

You may opt-out from receiving text messages at any time. To opt-out of text messages, reply STOP, QUIT, END, CANCEL or UNSUBSCRIBE to any text message you receive. You acknowledge and agree that you may receive one final text message confirming your opt-out. It is your sole responsibility to notify Taskrabbit Delivery if you no longer want to receive automated calls or text messages. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

10. Disclaimer of Warranties; Limitation of Liability; Indemnification; Release

A. Use Of The Platform Is Entirely At Your Own Risk.

THE PLATFORM AND THE TECHNOLOGY UNDERLYING IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE, AND/OR NON-INFRINGEMENT), AND THE SAME ARE EXPRESSLY EXCLUDED.

WITHOUT LIMITING THE FOREGOING, TASKRABBIT DELIVERY AND ITS PARENTS, AFFILIATES, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “AFFILIATES”, AND TOGETHER WITH TASKRABBIT DELIVERY, THE “TASKRABBIT DELIVERY PARTIES”):

MAKE NO, AND EXPRESSLY DISCLAIM (TO THE EXTENT PERMITTED BY LAW), ALL REPRESENTATIONS AND WARRANTIES AS TO, (I) THE TIMELINESS, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF THE PLATFORM, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR ANY TASK OR SERVICE PROVIDED ON, THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM, OR (III) THE TASKS OR SERVICES PROVIDED BY, OR THE INTERACTIONS OR COMMUNICATIONS OF OR BETWEEN, USERS OF THE PLATFORM (WHETHER ON- OR OFF-LINE, OR OTHERWISE) (INCLUDING, BUT NOT LIMITED TO, AS TO ANY HELPER’S, HAND’S OR ASSISTANT’S ABILITY, PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSURE);
DO NOT WARRANT THAT THE PLATFORM IS OR WILL BE (1) ERROR-FREE OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; OR (2) FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR MALFUNCTIONS, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; AND,
DO NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING BY ANY HELPER, HAND, OR ASSISTANT, AND TASKRABBIT DELIVERY WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

United States federal law and some states, provinces, and other jurisdictions do not allow the exclusion of and/or limitations on certain implied warranties, so the above exclusions and/or limitations may not apply to you. These terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations under these terms will not apply to the extent prohibited by applicable law.

B. Limitation of Liability.

You acknowledge and agree that Taskrabbit Delivery is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties, as set out in this section and elsewhere in the Agreement.

THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE TASKRABBIT DELIVERY PARTIES OR THEIR CORPORATE PARTNERS BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE) FOR, AND SUCH PARTIES EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION AND THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS), LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS, AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “LIABILITIES”) ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THE PLATFORM OR YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE TASKRABBIT DELIVERY PARTIES AND THEIR CORPORATE PARTNERS FROM THE FOREGOING.

Nothing in the Agreement excludes or limits any liability or warranty that, by applicable law, may not be limited or excluded. Additionally, 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.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE TASKRABBIT DELIVERY PARTIES 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: (A) IF YOU ARE A CUSTOMER, THE TOTAL FEES PAID BY YOU TO TASKRABBIT DELIVERY IN THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE; AND (B) IF YOU ARE A HELPER OR HAND, THE TOTAL TASK PAYMENTS PAID TO YOU BY CUSTOMERS IN THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

C. Indemnification.

Taskrabbit Delivery reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Taskrabbit Delivery.

If you are a Customer, you shall indemnify, defend, and hold harmless Taskrabbit Delivery and Affiliates from and against any and all Liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your breach or violation of the Agreement; (iii) your violation of any law, or the rights of any User or third party; (iv) your use of any third-party links or websites that appear on the Platform; (v) any User Generated Content submitted by you or using your account to the Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vi) the acts or omissions of any Customer Agents.

If you are a Helper, Hand, or Assistant, you shall indemnify, defend, and hold harmless Taskrabbit Delivery and Affiliates from and against any and all Liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your participation in Tasks, or your ability or inability to perform Tasks or to receive payment therefor; (iii) your breach or violation of the Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) any User Generated Content submitted by or about you or using your account to the Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vi) the acts or omissions of any Assistants.

D. Release.

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.

In consideration of the services provided by Taskrabbit Delivery, you hereby release Taskrabbit Delivery from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

Taskrabbit Delivery and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

11. Changes to the Agreement, Platform and the App

A. Changes to the Agreement.

Taskrabbit Delivery reserves the right, for justifiable and proportionate reasons, at any time, to review, change, modify, update, add to, supplement, suspend, discontinue, or delete any term(s) or provision(s) of the Agreement (including the Terms of Service and Privacy Policy).

Notice of such amendments may be given by posting such updates or modifications (or notice thereof) on the Platform, on the online location of the relevant terms, policies or supplemental terms, by e-mail or in any other reasonable manner; and the amendments will be effective upon such posting. Your continued use of the Platform after such posting constitutes your consent to be bound by the Agreement, as amended.

Notwithstanding the foregoing, if such modifications and/or updates are material, you will be informed in advance (in the manner set out in this section) for your acceptance or rejection. If any changes to the Agreement are unacceptable to you or cause you to no longer be in compliance with the Agreement, the previous Terms will apply to your current Tasks, but you will not be able to use the Platform or contract new Tasks and you must deactivate your account, and immediately stop using the Platform. After notifying you of any material changes, your continued use of the Platform following any revision to the Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.

To the extent permitted by law, Taskrabbit Delivery shall not be liable to you for any modification to all or any portion of the Agreement.

B. Changes to the Platform.

Taskrabbit Delivery reserves the right to, at any time, review, improve, modify, update, upgrade, discontinue, impose limits, or restrict access to, whether temporarily or permanently, all or any portion of the Platform (including any content or information available on or through the Platform), effective with prior notice (where possible) and without any liability to Taskrabbit Delivery. To the extent permitted by law, Taskrabbit Delivery shall not be liable to you for any updates, upgrades, modifications to or discontinuance of all or any portion of the Platform.

C. Mobile App Updates and Upgrades.

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Taskrabbit Delivery’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and/or (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

12. General Provisions

A. Governing Law.

Except for section 3 (Arbitration Agreement), the Agreement and your use of the Platform will be governed by, and will be construed under, the laws of the State of New York without regard to choice of law principles. This provision is intended only to designate the governing laws to interpret the Agreement and is not intended to create any substantive right to non-residents of the designated country/province/state to assert claims under such law whether by statute, common law, or otherwise. Nothing shall prevent Taskrabbit Delivery from bringing proceedings to protect our intellectual property rights before any competent court.

B. Entire Agreement.

The Agreement (including any terms linked to in, and incorporated by reference into, these Terms) constitutes the complete and exclusive agreement between you and Taskrabbit Delivery with respect to your use of the Platform, and supersedes any and all prior or contemporaneous agreements, proposals or communications, except as otherwise specified in the Arbitration Agreement. The provisions of the Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable.

C. Severability; Waiver.

Except for section 3 (Arbitration Agreement), which contains its own severability clause, in the event any provision of this Agreement is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable, or (2) 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. Failure by Taskrabbit Delivery to enforce any provision(s) of the Agreement will not be construed as a waiver of any provision or right.

D. Assignment.

You hereby acknowledge and agree that we may assign or transfer the Agreement without your consent. In any case, this assignment will be notified to the User who, in the event legally foreseen, may terminate the Agreement and cease use of the Platform. Upon the effective date of the assignment of the Agreement (a) Taskrabbit Delivery 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 (b) the assignee entity shall replace Taskrabbit Delivery for the performance of the Agreement. You may not assign or transfer the Agreement without our prior written approval. Any assignment in violation of this section shall be null and void. The Agreement will inure to the benefit of Taskrabbit Delivery, its successors and assigns. All parts of the Agreement which, by their nature, should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to, and notwithstanding, the expiration or termination of the Agreement or your use of the Platform.

E. No Rights of Third Parties.

Except as expressly set out herein and/or is otherwise required by applicable laws, the Agreement is for the sole benefit of Taskrabbit Delivery and the User, and their permitted successors and assigns, and there are no other third-party beneficiaries under the Agreement. None of the terms of the Agreement are enforceable by any persons who are not a party to the Agreement; provided, however, that Taskrabbit Delivery may enforce any such provisions on behalf of its Affiliates.

F. Notices and Consent to Receive Notices Electronically.

Unless otherwise specified in the Agreement, all agreements, notices, disclosures and other communications (collectively, “Notices”) under the 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. Notwithstanding the foregoing, any Notices to which the Agreement refers will be sent to you electronically (including, without limitation, by email or by posting Notices on the Sites), and you consent to receive Notices in this manner. All notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

G. Consent to Electronic Signatures.

By using the Platform, you agree (a) to transact electronically through the Platform; (b) 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; (c) 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 (d) 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.

H. App Store-Sourced Apps.

If you access or download any App from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and will comply therewith in your access to and use of the App(s). If you access or download any App from the Google Play Store, you agree to Google Play Terms of Service and will comply therewith in your access to and use of the App(s).

13. Acknowledgement and Consent

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

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Taskrabbit Delivery Platform Terms of Service

1. The Taskrabbit Delivery Platform

A. Online Marketplace.

B. Taskrabbit Delivery’s Role.

C. Service Agreement.

D. Other Parties.

2. Use of the Taskrabbit Delivery Platform

A. Customer, Helper and Hand User Account Registration.

B. User Representations and Warranties.

C. Additional Helper, Hand and Assistant Representations and Warranties.

D. Prohibited Tasks.

E. Damage Protection

F. Account Security.

G. License.

3. Arbitration Agreement

A. Agreement to Binding Arbitration.

B. Covered Disputes.

C. Class Action Waiver.

D. Mass Action Waiver.

E. Representative PAGA Waiver.

F. Rules and Logistics of Arbitration.

G. Exceptions to Arbitration.

H. Severability.

I. Opt Out of Arbitration (Helpers, Hands and Assistants).

J. Claims in Pending Class Action.

4. Fees, Billing, Invoicing, Payment, and Promotions; Cancellation Fees

A. Task Payment and Other Amounts Owed by the Customer.

B. Amounts Owed by Helpers and Hands.

C. Payment Service Provider.

D. Fraud.

E. Sales Tax Collection and Remittance.

F. Contests and Promotional Codes.

G. Cancellation Fees.

5. Termination; Deactivation and Suspension

6. User Generated Content

7. Intellectual Property Rights

8. Copyright Complaints and Copyright Agent

9. Telephone Communications and Agreement to be Contacted

10. Disclaimer of Warranties; Limitation of Liability; Indemnification; Release

A. Use Of The Platform Is Entirely At Your Own Risk.

B. Limitation of Liability.

C. Indemnification.

D. Release.

11. Changes to the Agreement, Platform and the App

A. Changes to the Agreement.

B. Changes to the Platform.

C. Mobile App Updates and Upgrades.

12. General Provisions

A. Governing Law.

B. Entire Agreement.

C. Severability; Waiver.

D. Assignment.

E. No Rights of Third Parties.

F. Notices and Consent to Receive Notices Electronically.

G. Consent to Electronic Signatures.

H. App Store-Sourced Apps.

13. Acknowledgement and Consent

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