Last Revised: November 2, 2023
1. Acceptance of the Terms and Conditions.
a. Binding Agreement. Description. Spotwork, Inc.,a Delaware corporation, its parents, subsidiaries, representatives, affiliates, officers, and directors (“Spotwork,” “we,” “us” or “our“) provides and makes available its marketing tools, scheduling tools, software, technology platform, website located at www.spotwork.co (the “Site“), and its Spotwork mobile application (the “App“) (collectively, the “Service“). All uses of the Service are subject to the terms and conditions in this End User License Agreement (this “EULA“). Please read this EULA carefully. By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not accept this EULA’s terms and conditions, you may not access, browse or use the Service.
“User” means any person, company, entity or organization who accesses or uses the Services that Spotwork offers
AS FURTHER DESCRIBED BELOW, THIS EULA REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
b. Changes to this EULA. You understand and agree that Spotwork may change this EULA at any time without prior notice; provided that Spotwork will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised terms and conditions will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised terms and conditions. If any change to this EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates Spotwork provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.b, no revisions to this EULA will apply to any dispute between you and Spotwork that arose prior to the effective date of such revision.
c. Privacy Policy. Your access to and use of the Service is subject to Spotwork’s Privacy Policy (“Privacy Policy“), which is incorporated herein by reference.
d. Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 14 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY SPOTWORK. IF YOU ARE UNDER 14 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If you are under 18 years old, you have parental or guardian consent to use the Service. By using the Service, you affirm that you are at least the age of majority in your state of residence.
2. The Service.
a. Spotwork is Solely a Venue for Communications. Spotwork is a communications platform for enabling the connection between individuals seeking to obtain services (“Requesters“) and independent professionals seeking to provide services (“Professionals“). Spotwork does not itself provide professional services. The provision of all professional services is up to the Professionals, which may be scheduled through use of the App. Spotwork offers tools, information, and a method for Requesters to obtain professional services, but does not, nor does it intend to, provide such professional services.
b. Mobile Services. The App may offer the Service via a mobile phone, tablet or other wireless device (collectively, “Mobile Services“). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. Spotwork and its service provider will store your messaging and call data (including the time and date of the call or message, each of your phone numbers and the content of any text messages). You consent to this process and Spotwork’s use and disclosure of this data for its business purposes. Further, you agree to Spotwork’s sending SMS text messages directly to you in order to facilitate the performance of the Service. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages Spotwork sends to you. You may opt- out of receiving text (SMS) messages from Spotwork by replying with the word “STOP” to a text message from Spotwork, but you acknowledge that opting out of text (SMS) messages may impact your ability to use the Service. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA. For improved accuracy with payments, check ins and check outs, customer support, and safety, Spotwork may collect and store your location information if you enable your mobile device to send it to us. Collection of your location may improve the provision of the Service. The App uses location-based APIs as an essential part of its functionality, and certain features of the App will not function correctly if location services are disabled in the App.
c. CONSENT TO RECEIVE COMMUNICATIONS: By using the Service, you agree and consent to be contacted by, and to receive and accept communications from Spotwork 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 Spotwork. By consenting to being contacted, you understand and agree that you may receive communications sent by or on behalf of Spotwork 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, use of the App; (2) communications relating to the Services, including incentive offers; (3) promotions, advertising, and/or marketing; (4) news concerning Spotwork and industry developments that affect your relationship with Spotwork; 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 Spotwork are your contact numbers, that you are permitted to receive calls at such telephone number(s), and that you will promptly alert Spotwork whenever you stop using or change a particular telephone number.
d. MARKETING COMMUNICATIONS & OPT-OUT: By using the Service, you agree and consent that Spotwork, or representatives may contact you (including for marketing and promotional purposes from Spotwork or our third-party affiliates where permitted by law) by email, phone, push notifications, SMS/text message(s), or by other comparable means at the email address(es), phone(s), or phone number(s) you provide to Spotwork. YOU CAN UNSUBSCRIBE FROM SPOTWORK’S MARKETING EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF OR EMAIL [email protected]. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING EMAILS, SPOTWORK 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 SPOTWORK.
3. Registration.
In order for Professionals and Requesters to engage Spotwork for its Service, each must create accounts on the Service pursuant to the Agreement Between Independent Professional & Spotwork. For Use Of Spotwork Service or the Agreement Between Requester & Spotwork For Use Of Spotwork Service, as applicable.
4. Intellectual Property Rights
a. License. The Service is licensed, not sold, to you for use only under the terms of this EULA. Spotwork reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this EULA, Spotwork hereby grants you a personal, limited, revocable, non- transferable license to access and use the Service.
b. Content. Except for User Content, the content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by Spotwork or Spotwork’s third party licensors (the “Spotwork Content“). You may not copy, reproduce, upload, republish, transmit, post or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this EULA or permitted by the Service’s functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization. Spotwork solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.
c. Marks. The Spotwork trademarks, service marks, and logos (the “Spotwork Trademarks“) used and displayed on the Service are Spotwork’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, with the Spotwork Trademarks, the “Trademarks“). Nothing on the Service or in this EULA should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without Spotwork’s prior express written consent for each individual use. You may not use the Trademarks to disparage Spotwork or the applicable third-party, Spotwork’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Spotwork’s prior express written consent. All goodwill generated from the use of any Spotwork Trademark will insure solely to Spotwork’s benefit.
d. Restrictions. You may not sell, transfer, assign, license, sublicense, or modify the Spotwork and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Spotwork Content in any way for any public purpose. The use or posting of any of the Spotwork Content on any other website or in a networked computer environment for any purpose is expressly prohibited. In addition, you also may not attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law). If you violate any part of this EULA, then your right to access and/or use the Spotwork Content and Service will automatically terminate and you must immediately destroy any copies you have made of the Spotwork Content.