Last Modified September 1, 2022
SECTION 13 OF THESE TERMS, THE MUTUAL ARBITRATION AND DISPUTE RESOLUTION PROVISION (“MUTUAL ARBITRATION PROVISION”) REQUIRES, WITH LIMITED EXCEPTION, THAT ALL DISPUTES BETWEEN YOU AND INSTAWORK AND ANY RELIEF SOUGHT (INCLUDING, WITHOUT LIMITATION, MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) BE SUBMITTED ON AN INDIVIDUAL BASIS TO BINDING AND FINAL ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION, OR IN ANY PROCEEDING BEFORE A JURY OR IN A COURT OF LAW.
In these Terms, “we,” “us,” “our'' and “Instawork” all refer to Instawork. These words also include any independent contractors or vendors who sometimes do work for us or on our behalf. All references to “You” or “Your,” as applicable, mean the person who accesses, uses, and/or participates in the Services, in any manner, and each of Your heirs, assigns, and successors. If You use the Services on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind that entity to these Terms. “You” or “Your” also refer to either a “Professional” (a service provider who uses the Services in order to receive access to Partner Service Requests) or a “Partner” (a company or business using our Services to to request service providers to fill one-time and/or recurring local work opportunities) or both, depending on context. In addition to these Terms, Professionals must agree to Instawork’s Contractor Services Agreement, and Partners must accept Instawork’s Online Services Agreement. Notwithstanding the foregoing, these Terms govern Your use of and access to the Services, whether You are a Professional, Partner, Reference (as defined below), and/or otherwise. Further, in order to use many aspects of the Services, You must register for and maintain an active Services account (“Account”), and these Terms also govern Your Account and Your use of and access to Your Account.
We may amend these Terms from time to time. Any amendments will be effective upon Instawork’s posting of such updated Terms on our websites or through our Services (including our mobile applications). Your continued access or use of the Services after such posting confirms Your consent to be bound by the Terms, as amended.
We’ve divided these Terms into sections so that You can more easily see which terms apply to everyone who uses our Services and which terms apply specifically to Professionals or Partners.
Instawork created, develops, and maintains an online software and mobile application platform on which Partners connect with Professionals to fill one-time and/or recurring work opportunities. Our Services enable Professionals and other potential users of our Services to communicate their contact information, work experience, and reference information directly to Partners seeking to fill open work opportunities, in a format that these Partners understand. Our Services also enable eligible Professionals to find temporary work as contractors (or in some cases, where specified, employees) and we facilitate that matching process. For contractors, we also facilitate payment to Professionals for that work. Our Services also enable Partners to communicate “Partner Requests” (a request for Professional(s) to fill worker opportunities posted by a Partner through the Services) and the criteria they are using to match with a Professional; this matching turns an “Open Partner Request” (a Partner Request that has not been accepted by a Professional) into a “Partner Engagement” (a Partner Request that a Professional has accepted and for which the Professional has agreed to perform services for the Partner). Our Services also enable Professionals and users to directly connect the people who will be their professional references to Partners. As a Professional, You choose Your references (we call them “References”), and You can see what they say about You (and ask us to remove comments with which You do not agree). Once You’ve completed a Partner Engagement with a Partner, that Partner can leave feedback that’s visible to You and other Partners that use Instawork. If You do not agree with the feedback, You can let us know and we will review and potentially remove it. Our Services strive to make the information given to us by Professionals (and their References), Partners, and users available in the most relevant and efficient way, so that Professionals and users can find the work opportunities they want and Partners can find the workers they need. If you maintain in good standing an open business debit card account made available through Instawork (an “Instawork Debit Account”), the Services include access to such Instawork Debit Account subject to the terms of the Instawork Debit Account Agreement.
Professionals and Partners are independent contractors and are not employees of Instawork (except as otherwise expressly agreed in writing by the Parties). Nothing in these Terms or as a result of Your use of the Services shall be construed as creating a joint venture, partnership, employment, or agency agreement between Instawork and You.
To access some features of the Services, You must register for an Account. When You register for an Account, You may be required to provide us with some information about Yourself (such as Your name, work history, e-mail address, phone number, profile image, or other contact information). You agree that the information You provide to us is accurate, current, and complete, and that You will keep it up-to-date at all times. When You register, You will be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under Your Account. If You have reason to believe that Your Account is no longer secure, You must immediately notify us via our “Help” center. Instawork will not be liable and You may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Instawork or a third party arising from someone else using Your Account due to Your conduct regardless of whether You have notified us of such unauthorized use. You understand and agree that we may require You to provide information that may be used to confirm Your identity and help ensure the security of Your Account.
You acknowledge that Instawork does not and cannot control the behavior of the users of our Services, including Professionals and Partners. We do our best to make sure that all users of our Services comply with these Terms, but we aren’t responsible if they do not.
You acknowledge that the engagement of a Professional to perform work (in the case of a Partner) or the performance of work for a Partner (in the case of a Professional) creates a direct business relationship between Partner and Professional. Once services have been rendered by a Professional, Instawork facilitates payment of applicable fees by the Partner to the Professional, but Instawork is neither the beneficiary of the work, nor does it undertake any responsibility for the nature or amount of payment for the work. Rather, all such engagements are between the Partners and the Professionals and as such, both Partners and Professionals retain the right to negotiate such fees at the time services are provided, and Instawork will coordinate with a Professional to modify fees accordingly.
3.1 Prohibited Uses
Use of our Services in the following ways is prohibited (this is not intended to be a complete or exhaustive list, but it will give You an idea of the sorts of things that are not allowed):
Further, You agree that You will not use the Services in any way that would violate any laws, infringe on any rights of others (including, without limitation, intellectual property rights and laws pertaining to non-discrimination, equal opportunity, and the Fair Credit Reporting Act), or otherwise create liability for Instawork.
For Professionals, Your use of the Services is strictly limited and granted solely to provide You the ability to seek to fill Open Partner Requests listed on or through the Services by Partners connected to You by or through the Services and, if you maintain in good standing an open business debit card account through Instawork (an “Instawork Debit Account”), for use of the Instawork Debit Account. All other use is prohibited. Further, Your use of the Services is controlled by Instawork’s Contractor Services Agreement, the terms of which shall control with respect to any conflict with these Terms.
For Partners, Your use of the Services is strictly limited and granted solely to provide You the ability to try to fill open work opportunities listed on or through the Services with workers connected to You by or through the Services. All other use is prohibited. Further, Your use of the Services is controlled by Instawork’s Online Services Agreement, the terms of which shall control with respect to any conflict with these Terms
Instawork’s Services include a communications platform, and we do not edit the communications that flow through the Services. Instawork provides a platform that acts as a passive conduit for receipt of information that You provide or solicit. As a result, we aren’t responsible for their accuracy or completeness of such communications or information. We sometimes reformat how communications are displayed through the Services, and if we make a mistake in such reformatting, we are responsible for that.
The Services also allow You to communicate with other users. We cannot guarantee the accuracy, quality or integrity of information exchanged by users (including information exchanged or provided by Professionals, Partners or References) on or through the Services. We are not liable for any content, delays, errors, omissions, loss or damage incurred as a result of Your use of our Services, including from or based on Your communications with other users (including Professionals, Partners and References). Under no circumstances will Instawork be liable for denial of access to any content in our Services. Instawork is not responsible for incomplete, lost, late, undelivered or misdirected messages between users of our Services (including between Professionals, Partners and References).
You must use Your real name and all the information You give us must be truthful and honest at all times. As stated above, we do not verify the accuracy or completeness of any information submitted to or through our Services, and thus we cannot guarantee the identity of the other users You may communicate with. Any User Content or information transmitted through the Services is the sole responsibility of the user from which such User Content or information originated, and Instawork is not liable for any omissions or errors. We also do not guarantee the authenticity of the data that users provide about themselves or relationships they may describe. If You see any information about You that is inaccurate, You must report it to Instawork. If You are a Partner, you can do so by emailing us at email@example.com, and if You are a Professional, you can do so by using in-app chat support.
Any User Content provided by You remains Your property. However, by providing User Content to Instawork, You grant Instawork a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Instawork’s business and on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
You acknowledge that any User Content provided by You remains Your property. Further, You acknowledge that Instawork does not provide any compensation for User Content that You post on or through the Services. You agree that User Content that You post on or through the Services shall be deemed to be non-confidential and non-proprietary, and Instawork shall have no obligation of any kind with respect to such information. When You post User Content, You grant Instawork a worldwide, perpetual, irrevocable, transferable, royalty-free, non-exclusive license, with the right to sublicense, to use, copy, reproduce, edit, adapt, translate, modify, create derivative works of, distribute, publicly display, publicly perform, sell, lease, transmit, communicate to the public, disassemble, publish and otherwise exploit in any manner such User Content in connection with Instawork, or its partners’ or affiliates’ business, in whole or in part, in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Instawork’s business and on third-party sites and services), for any purpose whatsoever, including without limitation for promoting or redistributing part or all of the Services (and derivative works thereof) in any media formats and through media channels, without further notice to or consent from You, unless expressly agreed otherwise in writing, and without the requirement of payment to You or any other person or entity. Further, Instawork shall be free to use any ideas, concepts, know-how or techniques contained in User Content for any purpose whatsoever in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to You, including but not limited to developing, manufacturing and marketing products incorporating such information. In the interest of clarity, the license granted to Instawork shall survive termination of the Service or Your account.
You acknowledge and agree that Instawork and its designees may or may not (but do not assume any obligation to), at Instawork’s discretion, pre-screen User Content before its appearance on the Services. You further acknowledge and agree that Instawork reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Additionally, Instawork has the right to remove any User Content that violates these Terms or is otherwise objectionable in Instawork’s sole discretion. You acknowledge and agree that Instawork does not verify, adopt, ratify, or sanction User Content, and You agree that You must evaluate and bear all risks associated with Your use of User Content or Your reliance on the accuracy, completeness, or usefulness of User Content
Although the Services are accessible over the Internet and therefore available worldwide, the Services are intended for residents of and business in the United States. If You choose to access the Services from locations outside the United States, such conduct is at Your own risk and subject to the laws of the United States, which may differ from the laws and regulations in Your state or home country, and You are responsible for compliance with any local laws and regulations. Nothing in the Services should be interpreted as a promotion or solicitation for any service of any nature that is not authorized by the laws and regulations of the country where You are located.
During use of the Service, You may provide work for a Partner or engage a Professional through the Service. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between You and the applicable third-party. Instawork and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between You and any third-party provider. In no event shall Instawork or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require Your agreement to additional or different terms and conditions prior to Your engagement, and Instawork disclaims any and all responsibility or liability arising from such agreements between You and a third party.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY INSTAWORK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. INSTAWORK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. INSTAWORK DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE SERVICE OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
INSTAWORK’S SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. INSTAWORK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
INSTAWORK RELIES UPON PROFESSIONALS AND PARTNERS TO PROVIDE ACCURATE INFORMATION. INSTAWORK DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
INSTAWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A WORKER OR BUSINESS OR OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND INSTAWORK WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN WORKERS, BUSINESSES, AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL INSTAWORK’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE ACTUAL AMOUNT OF MONEY RECEIVED BY US FROM YOU DURING THE SIX (6) MONTHS PRECEDING THE DATE OF YOUR CLAIM AGAINST US. IN NO EVENT SHALL INSTAWORK OR ANY OF OUR PARTNERS, AGENTS, AFFILIATES, OFFICES, DIRECTORS, REPRESENTATIVES, EMPLOYEES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THE RESULTS OF YOUR USE OF THE SERVICES, EVEN IF WE AND/OR OUR LICENSORS WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY.
THE SERVICE CONNECTS PROFESSIONALS WITH PARTNERS FOR THE PURPOSES OF FACILITATING PARTNER ENGAGEMENTS. INSTAWORK WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY PROFESSIONAL OR PARTNER, AND YOU EXPRESSLY WAIVE AND RELEASE INSTAWORK FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE PROFESSIONALS OR PARTNERS. INSTAWORK WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS OR WORK PRODUCT PROVIDED BY PROFESSIONALS OR PARTNERS ON THE SERVICE, AND YOU EXPRESSLY WAIVE AND RELEASE INSTAWORK FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO PROFESSIONALS OR PARTNERS. INSTAWORK WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN PROFESSIONALS AND ANY PARTNER. RESPONSIBILITY FOR THE DECISIONS PROFESSIONALS AND PARTNERS MAKE REGARDING SERVICES OFFERED AND ENGAGED VIA THE SERVICES (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH THE PROFESSIONAL AND PARTNER. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE INSTAWORK FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE QUALITY OF THE PROFESSIONAL OR PARTNER PROVIDING SERVICES THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL OR PARTNER WHO ULTIMATELY PROVIDES OR ENGAGES THE SERVICES. YOU UNDERSTAND THAT BY USING THE SERVICE, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
You are responsible for Your use of the Service, and You agree to defend (at Instawork’s option), indemnify, and hold harmless Instawork and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
Instawork reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting Your indemnification obligations) and You agree to cooperate with our defense of that claim. If the defense or settlement is assumed by You, Instawork may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim that You are defending on behalf of Instawork without Instawork’s prior written consent.
This provision does not require You to indemnify Instawork for any unconscionable commercial practice by such party, or for such party’s gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services.
You agree that the provisions in this section will survive any termination of Your account, this Agreement, or Your access to the Services.
CONSENT TO RECEIVE COMMUNICATIONS: By using the Service, You agree and consent to be contacted by, and to receive and accept communications from Instawork and authorized partners, representatives, and/or affiliates via different communication methods, including but not limited to email(s), SMS/text message(s), push notification(s), and/or phone call(s) to contact information, including telephone number(s), You provide to Instawork. By consenting to being contacted, You understand and agree that You may receive communications—including artificial or pre-recorded messages and/or automated systems, such as automatic telephone dialing systems—sent by or on behalf of Instawork on various subjects, including but not limited to: (1) operational or transactional communications, such as those concerning Your Account, sign up progress to become a Professional or a Partner, use of the Platform and/or the Application; (2) communications relating to the Services, including incentive offers; (3) promotions, advertising, and/or marketing; (4) news concerning Instawork and industry developments that affect Your relationship with Instawork; and (5) Account verification communications. Message and data rates may apply. By consenting to be contacted, You represent that the telephone number(s) that You have provided to Instawork are Your contact numbers, that You are permitted to receive calls at such telephone number(s), and that You will promptly alert Instawork whenever You stop using or change a particular telephone number.
MARKETING COMMUNICATIONS & OPT-OUT: By using the Service, You agree and consent that Instawork, its partners, affiliates, or representatives may contact You (including for marketing and promotional purposes from Instawork or our third-party partners where permitted by law) by email, phone, push notifications, SMS/text message(s), or by other comparable means (including artificial or pre-recorded messages and/or automated systems, such as automatic telephone dialing systems) at the email address(es), phone(s), or phone number(s) You provide to Instawork. YOU CAN UNSUBSCRIBE FROM INSTAWORK’S MARKETING EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF OR EMAIL UNSUBSCRIBE@INSTAWORK.COM. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING EMAILS, INSTAWORK MAY STILL SEND YOU EMAILS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN THE PARTIES. FURTHER, IF YOU WISH TO OPT OUT OF MARKETING TEXT OR SMS MESSAGES, IN RESPONSE TO SUCH A MESSAGE YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGE. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE MARKETING TEXTS OR CALLS AS A CONDITION OF USING INSTAWORK.
The Services also permit Professionals to identify References and provide telephone numbers and other contact information for References. You agree that, if You provide us with such information, You have (i) obtained the Reference’s permission to share his, her, or its contact information with us and any Partner from which You are seeking a work opportunity; and (ii) the Reference’s consent for us, our partners and affiliates, and any Partner from which You are seeking a work opportunity to communicate with the Reference by any means, including phone call or text message, about a reference for You at the phone number or other contact source You provide for the Reference.
Instawork retains all rights and ownership in and to the Services (including all intellectual property rights therein), except as otherwise expressly provided herein. These rights include, without limitation, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. We always appreciate suggestions for enhancements and new features and functionality in our Services (“Feedback”), but if You communicate those Feedback to us in any way, You hereby give ownership of and assign those Ideas to us completely and we can do what we like with them without owing You anything.
Instawork and other Instawork logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks, or trade dress of Instawork in the United States and/or other countries (collectively, the “Instawork Marks”). If You use the Service as a Partner or Professional, Instawork grants to You, during the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Instawork Marks solely with Your use of the Service (“License”). The License is non-transferable and non-assignable, and You shall not grant any third party any right, permission, license, or sublicense with respect to any of the rights granted hereunder without Instawork’s prior written permission, which it may withhold at its sole discretion. The Instawork Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Instawork is the owner and licensor of the Instawork Marks, including all goodwill associated therewith, and Your use of the Instawork Marks, if any, will confer no additional interest in or ownership of the Instawork Marks in You, but rather inures to the benefit of Instawork.
Violation of any provision of this License may result in immediate termination of the License, in Instawork’s sole discretion.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Instawork, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If You believe that Your work has been copied in a way that constitutes copyright infringement and is displayed on the Service, please contact us at firstname.lastname@example.org or Instawork, Attn: Copyright Agent, 548 Market Street, PMB 63152, San Francisco, CA 94104-5401:
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please contact us via our Help Center. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Instawork reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice, and such changes will be effective immediately upon posting, except as set forth herein. In the case of a material change to the Terms, including a material change to the Mutual Arbitration Provision, Instawork will notify You of changes, such as by presenting a new version of this Agreement on the Platform or updating the effective date at the top of this Agreement. Such modifications will become effective thirty (30) days after the earliest of: (a) the modification being posted in the Services; or (b) Instawork’s transmission of a message to and/or otherwise notifying You about the modifications (collectively, the “Notice Period”). Your continued use of the Service after the Notice Period shall constitute Your consent to the changes. If You do not agree, You cannot use the Services.
You acknowledge and agree that when using the Service, You may have direct or indirect access or exposure to Instawork’s confidential information as well as confidential information of other users, including Professionals and Partners ("Confidential Information"). Confidential Information includes Instawork’s or its users’ (e.g. Professionals’ and Partners’) data, information, identities, qualifications, general characteristics, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that Instawork designates as being proprietary or confidential or that You should reasonably know to treat as confidential.
Without limiting any other or additional obligations of confidentiality, You acknowledge and agree that: (1) all Instawork’s Confidential Information shall remain the exclusive property of the Instawork; (2) You shall not use Confidential Information for any purpose except in furtherance of Your use of the Service; (3) You shall not disclose Confidential Information to any third party; and (d) You shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of Your use of the Service or at the request of Instawork. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (1) is or becomes part of the public domain through no action or omission by You; (2) was possessed by You prior to Your use of the Service without an obligation of confidentiality; or (3) is disclosed to You by a third party having no obligation of confidentiality with respect thereto.
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Instawork, Attn: Legal Department, 548 Market Street, PMB 63152, San Francisco, CA 94104-5401, or, if You are a Partner, by emailing us at email@example.com, or if You are a Professional, by using in-app chat support.
Instawork may give notice by any means of communication reasonably anticipated to notify You of the information provided. You agree that all notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that You have the ability to store such electronic communications such that they remain accessible to You in an unchanged form. By way of example only, such communication may be a general notice on the Service or via email to the email address listed on Your Instawork account. It is Your obligation to update Your account information so that we may contact You as may be necessary. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent via first class mail or pre-paid post) or upon dispatching (if sent via electronic communication). You may give notice to Instawork, addressed to the attention of Legal, and such notice shall be deemed given when received by Instawork by letter delivered by a nationally recognized overnight delivery service or first class postage prepaid mail to Instawork, Attn: Legal Department, 548 Market Street, PMB 63152, San Francisco, CA 94104-5401.
You acknowledge and agree that You are executing this Agreement voluntarily and without any duress or undue influence by Instawork or anyone else. You further acknowledge and agree that You have carefully read this Agreement and that You have asked any questions needed for You to understand the terms, consequences, and binding effect of this Agreement and fully understand it, including that You are waiving Your right to a jury trial. Finally, You agree that You have been provided an opportunity to seek the advice of any attorney of Your choice before signing this Agreement.
You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without Your notice or consent. Any purported assignment by You in violation of this section shall be void.
These Terms are effective until terminated by You or Instawork as described below. Your rights under these Terms will terminate automatically without notice from Instawork if You fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, Instawork may in its sole discretion terminate Your user account on the Service or suspend or terminate Your access to the Service at any time without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to You. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service. You may terminate these Terms at any time by closing Your account, uninstalling the App, and ceasing use of the Service. The sections intended to survive termination, including Sections 4-20, and 21 survive termination of Your account or these Terms.
Instawork offers software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If You obtain such Software through a Distribution Channel, You may be subject to additional terms of the Distribution Channel. These Terms are between You and us only, and not with the Distribution Channel. To the extent that You utilize any other third-party products and services in connection with Your use of our Services, You agree to comply with all applicable terms of any agreement for such third party products and services. With respect to Software that is made available for Your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
Instawork and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You with respect to the Apple-Enabled Software as a third-party beneficiary thereof.