Instawork Terms of Use

Effective Date: July 17, 2019

Our prior Terms of Use, in effect until July 16, 2019, can be found at https://instawork.com/legal/instawork-terms-of-use-4-10-2019.

We’re Instawork, and we’ve created an online and mobile service that directly connects people looking for temporary jobs (including gigs) or permanent jobs to businesses that are hiring for temporary jobs (including gigs) or permanent jobs. These Terms of Use (the "Terms" or "Agreement," including our Privacy Policy) apply to everyone who uses or accesses our websites (including www.instawork.com), software platform, mobile applications, content and services (collectively, our “Services”).

If you use any of our Services, then you agree to be bound by these Terms and agree that you: (i) have read and understood these Terms; (ii) are at least eighteen (18) years old and have the legal authority to accept these Terms; and (iii) agree to be legally bound by these Terms. If you do not want to be bound by these Terms or if you do not agree to these Terms, then you cannot use or access our Services. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND INSTAWORK.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST INSTAWORK ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In these Terms, “we,” “us,” “our” and “Instawork” all refer to Garuda Labs, Inc. doing business as Instawork. These words also include any independent contractors or vendors who sometimes do work for us or on our behalf. “You” and “your” refer to you, as a user of our Services. These words also refer to either a “Worker” (a person seeking and applying for jobs or gigs through our Services) or a “Business” (a business using our Services to try to find workers for jobs or gigs) or both, depending on context. To use our Services to obtain gigs, Workers must agree to Instawork’s Contractor Services Agreement (located at https://instawork.com/legal/gigs-contractor-services-agreement) in addition to these Terms. To use our Services to post gigs, Businesses must agree to Instawork’s Online Services Agreement for Customers (located at https://instawork.com/legal/gigs-online-services-agreement) in addition to these Terms. Notwithstanding the foregoing, these Terms govern your use of and access to the Services, whether you are a Worker, Business, 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.

Instawork’s collection and use of personal information in connection with the Services is described in Instawork’s Privacy Policy located at https://instawork.com/legal/instawork-privacy-policy, which is incorporated into these Terms.

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 Workers or Businesses.

First, a few words about what we are and your relationship with Instawork:

What we are:
We’ve created a technology platform or marketplace that connects people looking for permanent jobs or temporary jobs (including gigs) to businesses that have them. Our Services enable Workers and users to communicate their contact information, work experience and reference information directly to Businesses with available jobs or gigs, in a format that these Businesses understand. Our Services also enable eligible Workers 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 Workers for that work. Our Services also enable Businesses to communicate the jobs they have and the criteria they are using to select a worker. Our Services also enable Workers and users to directly connect the people who will be their professional references to Businesses. As a Worker, you choose your references (we call them “References”) and you can see what they say about you (and ask us to remove comments you do not agree with). Once you’ve done work for a Business, that Business can leave feedback that’s visible to you and other Businesses that use Instawork. If you do not agree with the feedback, you can let us know and we will remove it. Our Services strive to make the information given to us by Workers (and their References), Businesses and users available in the most relevant and efficient way, so that Workers and users can find the jobs they want and Businesses can find the workers they need.

Relationship with Instawork:
Workers and Businesses are independent contractors and are not employees of Instawork. 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.

GENERAL TERMS APPLICABLE TO ALL USERS OF OUR SERVICES
You acknowledge that Instawork does not and cannot control the behavior of the users of our Services, including Workers and Businesses. 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.

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.

You acknowledge further that the engagement of a Worker to perform a job (in the case of a Business) or the performance of a job for a Business (in the case of a Worker) creates a direct business relationship between Business and Worker. Once services have been rendered by a Worker, Instawork facilitates payment of applicable fees by the Business to the Worker, 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 Businesses and the Workers and as such, both Businesses and Workers retain the right to negotiate such fees at the time services are provided, and Instawork will coordinate with a Worker to modify fees accordingly.

Our Right to Terminate Your Access and Use
Instawork may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

User Content
The Services may permit you to submit, upload, publish or otherwise make available to Instawork through the Services textual, audio, and/or visual content and information, including Worker or Business profiles, commentary and feedback related to the Services and other users, initiation of Services-related or support requests, and submission of entries for promotions ("User Content"). You have choices about your User Content, including the information you include on your profile, such as (but not limited to) your background, education, work experience, skills, photograph(s) and/or location, and such User Content helps you to get more from our Services, including matching you to opportunities. It’s your choice whether to include sensitive information or User Content on your profile. Please do not post or add personal data to your profile that you would not want to be publicly available. 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.

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 Workers, Businesses 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 Workers, Businesses 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 Workers, Businesses and References). Instawork has the right to monitor all content (including User Content) and information exchanged through the Services, however we do not have any obligation to do so.

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):

  • Providing any User Content that violates any laws, infringes the rights (including the intellectual property rights) of others, is defamatory or otherwise creates liability for us;
  • Copying our Services or using our Services to enable any service that is competitive with us;
  • Posting links to any third-party websites through our Services;
  • Scraping, scanning or otherwise using our Service or any information or the meta-data associated therewith to collect or compile data about other users (including Workers or Businesses);
  • Reselling any information obtained from us or while using our Service;
  • Attempting to compromise the integrity or security of the Services in any way;
  • Decompiling, reverse engineering or disassembling the Services in any way;
  • Reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploiting the Services in any way except as expressly permitted by Instawork;
  • Accessing the Services using any automated processes (such as robots, spiders, etc.) for any reason; or
  • Harassing, defaming or discriminating against anyone or any entity for any reason.

If you are a Worker or Business, the sections applicable to Workers and Businesses below provide the limited ways in which you can use our Services. Just to make that a little clearer, you cannot use our Services in any way not permitted above or in those sections.

Truth
One important rule is that you cannot misrepresent yourself in any way on our Service (whether you are a Worker, Business, Reference or otherwise). You must use your real name and all the information you give us must be truthful and honest at all times. 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, and can do so by contacting us at support@instawork.com.

Users From Outside the United States
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 only. 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.

DISCLAIMER OF WARRANTY
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND RELATED SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM US WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY
YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY DIRECT DAMAGES WILL NOT 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. YOU AGREE THAT NEITHER WE NOR ANY OF OUR PARTNERS, AGENTS, AFFILIATES, OFFICES, DIRECTORS, REPRESENTATIVES, EMPLOYEES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THE RESULTS OF YOUR USE OF THE SERVICES HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF WE WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
You agree to defend, indemnify and hold Instawork and its partners, agents, affiliates, officers, directors, representatives, employees, third party providers and content providers harmless from and against any and all liabilities, claims, demands, losses, liabilities, costs and expenses, including attorneys’ fees, that arise out of or in connection with: (i) your use of the Services; (ii) your breach or violation of these Terms; (iii) your User Content and Instawork’s use of your User Content; or (iv) your violation of the rights of any third party, including third party providers.

Instawork Communications, Text Messaging and Telephone Calls
In order to provide our Services and help you to be successful on Instawork, we and others working on our behalf may need to communicate with you by telephone, email, short message service or text message (the “Alert Service”), or through notifications in our mobile applications (collectively, “Communications”).Most of these Communications will relate to your activity on Instawork (e.g., booking job interviews, being notified about gigs you are a match for, or identifying Workers for permanent or temporary positions), but some may be for other reasons.By using the Services (including our websites and mobile applications), you agree to receive Communications from us and our partners and affiliates, and you agree that Instawork and its partners and affiliates may contact you by telephone or text message (including by an automatic telephone dialing system) at any of the phone numbers (including wireless numbers) provided to us by you or on your behalf, including for marketing purposes, even if that number is registered on a federal or state do-not-call list. You understand that you are not required to provide this consent as a condition of providing or purchasing any services.

By providing your phone number and subscribing to our Alert Service, you:

(i) warrant that you are authorized to (a) enroll your designated mobile phone number in the Alert Service, and (b) incur any mobile message or data charges that may be incurred by participating in the Alert Service;

(ii) agree to accept and receive communications via phone call or text message to your mobile device at the mobile phone number you provided to us;

(iii) agree that you are responsible for managing the types of calls or texts you receive;

(iv) you acknowledge and agree that you are responsible for any charges from your mobile carrier; and

(v) Acknowledge and agree that general communications may be provided through automatic telephone dialing technology, an artificial voice or a pre-recorded voice.

You may request to stop receiving Communications from us at any time by contacting our support team at support@instawork.com. It may take a few days for us to process your request.

The Services also permit other users and Businesses to contact you or provide you notifications on their own behalf via telephone, email, short message service or text message. You agree to receive notifications from Businesses, Workers, References, and others at any of the numbers (including wireless numbers) you have provided to us through any means authorized under these Terms, including phone calls and text messages that use automatic dialing technology or an automatic telephone dialing system, or artificial voice or pre-recorded voice, even if that number is registered on a federal or state do-not-call list.

The Services also permit Workers 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 Business from which you are seeking a temporary job (including a gig) or permanent job; and (ii) the Reference’s consent for us, our partners and affiliates, and any Business from which you are seeking a temporary job (including a gig) or permanent job 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.

Intellectual Property Rights
We retain all rights and ownership in and to the Services (including all intellectual property rights therein), except as otherwise expressly provided herein. We always appreciate suggestions for enhancements and new features and functionality in our Services (“Ideas”), but if you communicate those Ideas 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.

Notice of Any Claimed Copyright Infringement (Digital Millennium Copyright Act Information)
We respect the intellectual property of others. If you think any content posted on our website or through our Services infringes your rights, please contact us at copyright@instawork.com or Instawork, PO Box 77714, San Francisco, CA 94107, Attention: Copyright Agent.

Please send the following information:

  • A description of the copyrighted work that you claim has been infringed, including where on any of our platforms the material is located. Include enough information to allow us 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 material exists (for example, the URL where it is posted);
  • Your address, telephone number and email 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, 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
  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Disputes, Governing Law and Venue
These Terms and any claim, cause of action, dispute or proceeding (“Claim”) arising out of or related to this Agreement, with the exception of the mutual agreement to arbitrate disputes, which shall be governed by the federal arbitration act, shall be governed by the laws of the State of California regardless of your country of origin or where you access the Services, and notwithstanding any conflicts of law principles. Subject to the arbitration terms and conditions set forth below, you agree that THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES (INCLUDING YOUR USE OF AND ACCESS TO INSTAWORK’S MOBILE APPLICATIONS AND WEBSITES) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s intellectual property rights, or you have otherwise violated any of your use and access restrictions above, in which case the parties acknowledge and agree that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration and Equitable Relief.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Pre-Arbitration Dispute Resolution
Instawork is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@instawork.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Instawork should be sent to PO Box 77714, San Francisco, CA 94107, Attention: Legal (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Instawork and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Instawork may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Instawork or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Instawork is entitled.

b. Arbitration
You and the Company mutually agree to resolve any legal disputes, past, present or future, between them, or between you and any of Company’s employees, agents, parents, subsidiaries, affiliates, successors, or assigns, exclusively through final and binding arbitration instead of a court or jury trial.  The parties agree that this arbitration agreement is governed by the U. S. Federal Arbitration Act (9 U.S.C. §§ 1-16). However, if despite the parties’ agreement in the preceding sentence the Federal Arbitration Act is found not to apply, this arbitration agreement will be governed by the law of the state where the Customer is located, or the contractor last performed services under this Agreement. Except as specifically provided below with respect to the Class and Representative Action waiver, this arbitration agreement shall apply to any and all claims arising out of or relating to this Agreement (including without limitation the scope, enforceability, validity, or conscionability of this arbitration agreement itself), the Contractor’s classification as an independent contractor, Contractor’s provision of services to Company or its Customers, the payments received by Contractor for providing services to Company or its Customers, the termination of this Contract, and all other aspects of the contractor’s or Customer’s relationship with Company. 

Disputes between the parties that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) or as otherwise provided by an Act of Congress are excluded from the coverage of this Agreement.

Private attorney general representative actions brought on behalf of the state under the California Labor Code are not arbitrable, but a claim you bring on your own behalf as an aggrieved employee for recovery of underpaid wages or penalties (as opposed to a representative claim for civil penalties) is arbitrable.

(a) If either party initiates arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period for the claim or claims asserted.  This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought.  A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Instawork should be sent to PO Box 77714, San Francisco, CA 94107, Attention: Legal (“Notice Address”).

(b) Class Action Waiver.  The Company and you mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action or collective action, and an arbitrator shall not have any authority to hear or arbitrate any class or collective action (“Class Action Waiver”).  Notwithstanding any other clause contained in this Agreement or the JAMS Rules, as defined below, any claim in court that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

(c) Contractor agrees and acknowledges that entering into this arbitration agreement does not change Contractor’s status as an independent contractor in fact and in law, that Contractor is not an employee of Company or Company’s Customers and that any disputes in this regard shall be subject to arbitration as provided in this arbitration agreement. Customer agrees and acknowledges that Instawork is not a joint venture, co-employer or guarantor of any Worker it selects and retains for work under the Instawork Platform.

(d) Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (and in accordance with the Expedited Procedures in those Rules where agreed upon by both parties) (“JAMS Rules”), except as follows:

(1) The arbitration shall be heard by one arbitrator selected in accordance with the JAMS Rules.  The arbitrator shall be an attorney with experience in the law underlying the dispute or a retired judge.

(2) If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place in San Francisco, California.

(3) Each party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, in all cases where required by law, the Company will pay the Arbitrator's and arbitration fees. If under applicable law the Company is not required to pay all of the Arbitrator's and/or arbitration fees, such fee(s) will be apportioned between the parties in accordance with said applicable law, and any disputes in that regard will be resolved by the Arbitrator.

(4) The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.

(5) Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration.  The Arbitrator shall apply the state, federal or local law, as may be applicable.

(6) The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the applicable substantive law governing such motions.

(7) The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator’s decision or award in any court having jurisdiction.

(8) A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this agreement to arbitrate. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.

(e) This Agreement does not prevent a Contractor of Customer from filing unfair labor practice charges with the National Labor Relations Board (www.nlrb.gov) for US-based Contractors.  Nothing in this Agreement prevents a Contractor or Customer from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Agreement prevents the investigation by a government agency of any such report, claim or charge.

(f) The JAMS Rules may be found at https://www.jamsadr.com/rules-comprehensive-arbitration/ or by searching for “JAMS Comprehensive Arbitration Rules” using a service such as www.Google.com.

(g) This arbitration agreement is the full and complete agreement relating to the formal resolution of disputes covered by this arbitration agreement. In the event any portion of this arbitration agreement is deemed unenforceable, the remainder of this arbitration agreement will be enforceable.

(h) This arbitration agreement may be acknowledged and agreed to electronically, and its validity shall not be affected thereby. A copy of this agreement may be used in lieu of an original for any purpose.

Voluntary Nature of Agreement
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.

Confidentiality
You recognize and acknowledge that, by virtue of using our Services, you may have access to certain information of Instawork or other users, including Workers and Businesses, that is confidential and constitutes valuable, special and unique property of another party. You agree that you will not at any time disclose to others or use, copy or permit to be copied, without that other party’s express prior written consent, any confidential or proprietary information of the other party, including, but not limited to (as applicable), information about the identity of Workers or their qualifications or other characteristics.

Notice for California Users
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 PO Box 77714, San Francisco, CA 94107, Attention: Legal, or by email at support@instawork.com.

Notice
Instawork may give any notice under or required by these Terms by means of a general notice on or through the Services, email to your email address on record with Instawork, or by written communication sent by first class mail or pre-paid post to your address on record with Instawork. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or upon sending (if sent by email). 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 PO Box 77714, San Francisco, CA 94107, Attention: Legal, or by email at support@instawork.com.

Miscellaneous Terms
If any provision in these Terms is found to be unenforceable, you agree that that provision will be eliminated or modified in the least disruptive way to preserve the intent of that provision and so that all the other Terms remain enforceable. Our failure to enforce any of these Terms does not mean we waive the right to enforce them. These Terms apply unless we have entered into a different, written agreement with you that specifically says these Terms do not apply. You agree not to share your Account or Account information (such as your username and password) with anyone. You also agree to the additional terms below applicable to the iOS and Android versions of our mobile applications. We may, from time to time, assign or transfer all or a portion of our assets to one or more third parties, and you agree to continue to be bound by these Terms, so long as the successor or assignee agrees to abide by its obligations under these Terms.

ADDITIONAL TERMS FOR USERS OF OUR MOBILE APPLICATIONS
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 that these Terms are concluded between Instawork and you only, and not with Apple Inc. (“Apple”), and that as between Instawork and Apple, Instawork, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Instawork’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • Instawork and you acknowledge that Instawork, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Instawork and Apple, Instawork, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Instawork as follows:
    support@instawork.com
    PO Box 77714, San Francisco, CA 94107, Attention: Legal
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.

ADDITIONAL TERMS FOR WORKERS

Gigs
If you are a Worker using our services to obtain gigs, you must agree to Instawork’s Contractor Services Agreement (located at https://instawork.com/legal/gigs-contractor-services-agreement) in addition to these Terms before using or accessing the Services. Your use and access of the Services is governed by Instawork’s Contractor Services Agreement and these Terms. In the event of a conflict between these Terms and Instawork’s Contractor Services Agreement, including but not limited to, any conflict with respect to arbitration of disputes, Instawork’s Contractor Services Agreement shall control with respect to such conflict.

All Workers
Your use of the Services is strictly limited and granted solely to provide you the ability to look for temporary jobs (including gigs) or permanent jobs and connect with the Businesses who have posted available temporary jobs (including gigs) or permanent jobs through the Services. All other use is prohibited. In order to use our Services you must be legally eligible to work in the United States and at least eighteen (18) years old.

By using or accessing the Services, you are agreeing to share information with Instawork, Businesses and other users of the Services. You agree to provide truthful information about yourself and your References, and grant Instawork the right to use this information in connection with the Services. When you give us information, you are also sharing it directly with Businesses that have jobs you might be interested in. We ask you for information so that Businesses with relevant jobs can connect with you. We ask for and share your contact information (including your name, email address and phone number) so that Businesses can get in touch with you about jobs that they offer on or through our Services. We ask for your address so that our Services can find and locate jobs that are closer to you. We ask for your resume (and any cover text) so that our Services can show you jobs that are the best matches for your experience and wishes. Our Services reformat your resume so that prospective businesses with available jobs can digest the information about you more easily. We also ask you for your References and their contact information. You have choices about the information you provide to us and it’s your choice whether to share sensitive information with us and whether to put such information on your profile. With respect to your profile, please do not post or add personal data to your profile that you would not want to be publicly available. You can always choose not to give us certain information; however, not providing information may prevent you from using certain features of or fully enjoying the Services. If any information about you is inaccurate, please let us know by contacting us at support@instawork.com.

References
Once you’ve registered an Account as a Worker, you will be offered the option to supply the names and phone numbers of people who are willing to serve as References for you. When you identify a Reference, you are requesting Instawork to send a message on your behalf to the Reference requesting that they provide some information about you. You represent and warrant that you have obtained each Reference’s agreement to serve as your reference, and agreement to receive calls, text messages, or other communications from Instawork. For example, your Reference may receive calls, text messages, or emails asking for their contact information in case there are any follow-up questions or additional information is needed. You will be able to see what your References say about you on your profile and you can contact support@instawork.com to delete anything said about you if disagree with it or do not like it.

Other Information About You Shared with Businesses
You agree that we and the Businesses that use our Services can share a little bit more information about you on your profile that is visible to you and other Businesses, including but not limited to the following:

  • If you schedule an interview with a Business and do not appear for the interview, the Business can note that on your profile, which is visible to you and other Businesses;
  • If you interview and a Business likes you, they can note that on your profile, which is visible to you and other Businesses; and
  • If you respond quickly to interview requests we will automatically note that on your profile, and if you respond slowly to interview requests, we will automatically note that on your profile.
  • If you have successfully worked Gigs with a Business, that information may show up on your profile, along with a rating, if applicable, provided by that Business. We may choose to aggregate all ratings across all Gigs you have worked into a single average rating.
If you disagree with any information that is included on your profile, you can contact us at support@instawork.com.

ADDITIONAL TERMS FOR BUSINESSES
Gigs
If you are a Business using our Services to post gigs, you must agree to Instawork’s Online Services Agreement for Customers (located at https://instawork.com/legal/gigs-online-services-agreement) in addition to these Terms before using or accessing the Services. Your use and access of the Services is governed by Instawork’s Online Services Agreement for Customers and these Terms. In the event of a conflict between these Terms and Instawork’s Online Services Agreement for Customers, Instawork’s Online Services Agreement for Customers shall control with respect to such conflict.

All Businesses
Your use of the Services is strictly limited and granted solely to provide you the ability to try to fill open job positions listed through on or through the Services with Workers connected to you by or through the Services. All other use is prohibited.

Use of Our Services
You agree that you won’t use the Services in any way that would violate any laws, infringe any rights of others (including intellectual property rights) or create liability for us. You also agree that you won’t collect or compile data on Workers using our Services except for the specific purpose of filling a job you list using our Services. To use our Services, you agree to give us truthful information about your business and the jobs you have available as well as the right to use that information to provide Services to you and make our Services available to Workers and other users. You agree that all information you post about your organization, any jobs, any Workers or any other information is truthful.

Jobs or Gigs Postings
In addition to any other applicable fees and applicable fees set forth in Instawork’s Online Services Agreement for Customers, you authorize us to charge your Account for the job posting and gig posting fees in effect or otherwise provided to you when you post a job or gig. Fees are in US dollars and you are responsible for any taxes on those fees. To the extent permitted by law, fees are non-refundable and non-cancelable.

Account Control
You agree to share your Account information only with your employees or representatives who are authorized to use our Services on your behalf. You agree that all activity on the Services using your account is being conducted by someone duly authorized by you to do so. You agree you are fully liable and responsible for all actions performed using your account.

Compliance with Laws
You agree to comply with all applicable laws relating to your use of our Services, including laws pertaining to non-discrimination and equal opportunity, as well as the Fair Credit Reporting Act.