Terms of Service

Terms of use of One Day Job (JOD)

1. Acceptance of the Terms of Use

1.1 These Terms of Use are between you and Jod , LLC, a Puerto Rico limited liability company (" Jod ", "Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use" or "Agreement"), govern your access to and use of the Jod website and mobile application (s), including any content, functionality, documentation, or services offered on or through the Jod website or mobile applications (collectively, the “ Jod Platform ” ), whether as a guest or registered user.

1.2 Please read these Terms of Use carefully before accessing or using the Jod Platform . By accessing and using the Jod Platform , you agree to accept all the terms and to be legally bound by and abide by these Terms of Use and our Privacy Policy available on the One Day Job (JOD) app.

1.3 IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE INCORPORATED PRIVACY POLICY, YOU SHOULD NOT ACCESS OR USE THE JOD PLATFORM. WHEN YOU ACCESS OR USE THE JOD PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

1.4 Only persons over the age of eighteen (18) residing in the United States and its territories may access and use the Jod Platform . By accessing and using the Jod Platform , you represent and warrant that you are of legal age to form a binding contract with Jod and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Jod Platform .

1.5 All users who do not use the app for a period of 1 year could be automatically removed from the database

2. Changes to the Terms of Use

2.1 Jod may revise and update these Terms of Use or the incorporated Privacy Policy from time to time in its sole discretion. All changes are effective immediately when the revised and updated Terms of Use or Privacy Policy are posted on the Jod Platform .

Jod Platform after the publication of the revised or updated Terms of Use or Privacy Policy means that you accept and agree to the changes contained therein. You are expected to check the Terms of Use and Privacy Policy available on the Jod Platform frequently to be aware of any changes, as they are binding on you.

3. The Jod platform , registered users and service agreements

3.1 The Jod platform provides an innovative online marketplace for odd jobs (for example: non-recurring, housekeeping, tutoring, event planning assistance, item giveaways , pet sitting, lawn and garden or manual day labor, etc. ) by facilitating the web and/or app, the communication between people with an occasional job to offer and people looking for an occasional job

Jod Platform either by accessing and using information and content publicly available to unregistered guests, although you may not request or post if you are not registered or by registering with Jod and creating an account on the Jod Platform (collectively, "Users").

3.3 Users may use the Jod Platform to post ethically and legally permissible job offers ("Posting(s)" or "Posted Job(s)"), and Users may respond to such Postings with an offer or counter offer to perform the Published Work in an ethical, satisfactory, legally permissible and timely manner.

3.4 Users who Post job offers are referred to herein as "Posters", and Users who respond to such Postings are referred to herein as " Performers ". User profiles are not classified as Posters or Performers , and the same User may qualify as Posters in one instance and Performers in another. A User's profile may describe the type of work that the User (i ) is willing and able to perform in an ethical and timely manner, ( ii ) able to perform satisfactorily, and ( iii ) legally able to provide (“Profile of User”). Worked").

3.5 In order to access the Jod Platform as a Poster or Performer , Users must register with Jod by creating an account on the Jod Platform ("Account"). Users enter certain personal and financial information into their Accounts to facilitate secure payment between Users for performance of Posted Works (see Fees and Charges ) .

3.6 Users negotiate directly with each other regarding the specific requirements related to any published work, including the time and manner of execution and the payment to be remitted. When an Advertiser and a Performer agree to performance and payment terms for a particular Posted Work, the Advertiser and Performer agree to the negotiated terms and enter into a legally binding agreement ("Service Agreement"). Payments under such Service Agreements are made directly from the Poster to the Performers through one or more payment service providers ("PSPs") available through the Jod Platform . (at the moment the payment function is in beta phase)

3.7 JOD IS NOT A PARTY TO ANY SERVICE AGREEMENT AND IS NOT BOUND BY THE TERMS OF ANY SERVICE AGREEMENT. JOD DOES NOT SUPERVISE, WARRANT OR OTHERWISE ENSURE THAT USERS WILL FOLLOW THEIR OBLIGATIONS TO MAKE OR PROVIDE PAYMENT UNDER ANY SERVICE AGREEMENT.

4. Representations and Warranties

4.1 You represent and warrant that you are eighteen (18) years of age or older, reside in the United States or any territory or territories, and are capable of entering into binding contracts. You further represent and warrant that you have read and understand this Agreement (including documents incorporated by reference) and agree to be bound by it.

4.2 You represent and warrant that all information you provide to Jod will be true, accurate and current at the time it is provided.

4.3 You represent and warrant that you will not provide false information to Jod or spread false information on the Jod Platform .

4.4 You represent and warrant that when accessing or using the Jod Platform , you will not impersonate another person or use a name that you are not legally authorized to use.

4.5 You represent and warrant that you will not post any misleading, defamatory or offensive content on the Jod Platform .

4.6 You agree and acknowledge that the amount to be paid to a Performer for a Posted Work may not be changed for a Poster after the Performer has agreed to perform the Posted Work without the consent of all parties and notice via the Jod platform .

4.7 You agree to click the "Complete" button or submit a "Dispute" on the Jod Platform as soon as possible after notification of completion of a Posted Work, and acknowledge and agree that failure to do so in a timely manner may constitute a breach of this Agreement.

4.8 You acknowledge and agree that an Advertiser is prohibited from Posting a job that requires a Performer to (i ) travel to different countries during the performance of a job, ( ii ) provide ride sharing or other peer-to-peer transportation services, or ( iii ) engage in activities that are illegal, dangerous, harmful or inappropriate as determined by Jod in its sole discretion.

4.9 You acknowledge and agree that the Service Agreements constitute pay-for-performance and work-completed contracts. You further acknowledge and agree that if a Poster reasonably rejects a Work provided by a Performer as incomplete or defective, the Performer will not receive the fee for the applicable Work(s). In the event of such non-payment where you are the Performer , you agree and forever waive, release and waive any and all claims against Jod in respect of such non-payment, otherwise the Poster agrees to pay when the work is complete and agrees to any claim against you with respect to such non-payment.

4.10 You acknowledge and agree that all Users access the Jod Platform as independent contractors and that nothing in this Agreement is intended or should be construed to create an employer-employee relationship, partnership, joint venture, employment or any type of agency relationship between Jod and you or any other user. Jod does not post jobs, perform jobs, or employ Users.

4.11 You acknowledge and agree that Jod is not and will not be responsible for workers' compensation or the payment or withholding of any taxes, including, but not limited to, applicable sales taxes, employment or unemployment insurance, social security, disability insurance or any other federal or state withholdings in connection with the use of the Services by any User. In addition, you acknowledge and agree that Users assume all responsibility for adequate financial compensation for work performed in accordance with applicable legal guidelines.

4.12 You acknowledge and agree that Jod is under no obligation to review, endorse, recommend or verify the identity, authenticity, credentials, licenses or capabilities of any User, Both Users agree to show their IDs and allow their photo to be taken on the day they the agreed work will be carried out

4.13 You acknowledge and agree that Jod provides only a web-based communication platform and mobile application that enables Users to communicate and trade directly, and Jod has no obligation to ensure that Users comply with the obligations of any Agreement. service and is also not responsible for any damage caused by any of the parties.

4.14 You acknowledge and agree that Jod is not a party to any disputes that arise between Users, and Jod has no obligation to resolve any such disputes, even if Jod offers an optional dispute resolution mechanism to assist with problem resolution (discussed in Dispute Resolution). section below).

4.15 You acknowledge and agree that Jod may collect and the Jod Platform may display location information, including the location of Users or the location of a Posted Work. You agree and acknowledge that you may not hold Jod responsible for collecting or displaying location information in accordance with the terms of the Privacy Policy incorporated in the mobile application .

4.16 You agree that all information you provide to Jod or through the Jod Platform is governed by our Privacy Policy available on the mobile application, and you agree to all actions we take with respect to such information in accordance with our Privacy Policy .

4.17 If you choose, or are provided with, a username, password or any other information as part of our security procedures, you agree to treat such information as confidential and to prevent disclosure to any other person or entity. You also agree that your Account is personal to you and you agree not to provide any other person with access to the Jod Platform or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You agree to take special care when accessing your account from a public, shared computer and/or smart phone so that others cannot view or record your password or other personal information.

4.18 You acknowledge and agree that Jod is not responsible for the performance of Users' work or communications, nor does Jod have any control over the quality, timing, legality, failure to supply, or any other aspect of Users, Works Publishers, Posters, or Performers, or the integrity, responsibility, competence, qualifications, or any of the actions or omissions of any User, or any qualification or review provided by Users to each other.

4.19 You acknowledge and agree that Publishers are solely responsible for confirming that a Performer is qualified to perform a Posted Work. You further acknowledge and agree that Jod is not responsible for any act or omission of Users, nor does Jod provide insurance against loss or damage suffered by Users.

4.20 You acknowledge and agree that Jod reserves the right to withdraw or modify the Jod Platform , and any information, content or material provided on the Jod Platform, at Jod 's sole discretion and without notice. You acknowledge and agree that Jod shall not be liable if, for any reason, all or part of the Jod Platform is unavailable at any time or for any period. You acknowledge and agree that, from time to time, Jod may restrict access to parts of the Jod Platform , or the entire Jod Platform , to Users, including Registered Users.

4.21 You acknowledge and agree that Jod has the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, even if, in our opinion, you have violated any provision of this Agreement.

4.22 You acknowledge and agree that Jod will not confirm that each User is who they claim to be, and Jod assumes no responsibility for the accuracy or reliability of any Identity Verification or Background Check information, if provided. You agree that when interacting with other Users, you will exercise caution and common sense to protect your personal safety, data, and property. You acknowledge and agree that Jod shall not be liable for any false or misleading statements made by Users on the Jod Platform .

4.23 You acknowledge and agree that Jod will retain certain data that you transmit on the Jod Platform . You further acknowledge and agree that you are solely responsible for all data that you transmit or that is in connection with any activity you have conducted using the Jod Platform . You agree that we will not be liable to you for any loss or corruption of such data, and you waive any right of action against us arising out of any such loss or corruption of such data.

4.24 You acknowledge and agree that Jod cannot and does not guarantee that files available for download from the Internet or the Jod Platform are free of viruses or other destructive code. You agree that you are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of lost data.

5. Prohibited Uses

5.1 You agree to use the Jod Platform only for lawful purposes and only in accordance with the terms of this Agreement.

5.2 You agree not to use the Jod Platform :

(a) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, laws regarding the export of data or software to and from the US or other countries).

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, requesting personally identifiable information, or otherwise.

(c) To knowingly send, receive, upload, download, use or reuse any material that does not comply with the Content Standards Section set forth below in these Terms of Use.

(d) To transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation.

(e) Impersonate or attempt to impersonate Jod , a Jod employee , another User, or any other person or entity (including, without limitation, through the use of email addresses or screen names associated with any of the foregoing) .

(f) Engage in any other conduct that restricts or inhibits any person's use or enjoyment of the Jod Platform , or that, as determined by us, may harm Jod or Users of the Jod Platform , or expose them to liability .

5.3 You further agree not to:

Jod Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Jod Platform , including their ability to engage in real-time activities through the Platform Jod .

(b) Use any robot, spider or other automatic device, process or means to access the Jod Platform for any purpose, including monitoring or copying any material on the Jod Platform .

(c) Use any manual process to monitor or copy any material on the Jod Platform , or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

(d) Use any device, software or routine that interferes with the proper working of the Jod Platform .

(e) Introduce viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Jod Platform , the server on which the Jod Platform is stored , or any server, computer or database connected to the Jod Platform .

(g) Attack the Jod Platform via a denial-of-service attack or a distributed denial-of-service attack. (h) Attempt to interfere with the proper functioning of the Jod platform .

(h) Use the application for sales of any kind.

6. Disclaimer of Warranties

6.1 YOUR USE OF THE JOD PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE JOD PLATFORM IS AT YOUR OWN RISK.

6.2 THE JOD PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE JOD PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE JOD PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE JOD PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE JOD PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, OR DEFECTIVE. IT WILL BE PROVIDED THAT THE JOD PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE JOD PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE JOD PLATFORM WILL MEET YOUR NEEDS OR EXPECTATIONS.

6.3 TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. .

6.4 TO THE FULLEST EXTENT PROVIDED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL WHICH MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER MATERIAL. OWNER DUE TO YOUR USE OF THE JOD PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE JOD PLATFORM OR YOUR DOWNLOAD OF ANY MATERIALS POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

6.5 THE FOREGOING DOES NOT AFFECT WARRANTIES WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Limitation of liability

7.1 BECAUSE JOD ACT STRICTLY AS A LINK BETWEEN USERS, YOU HEREBY RELEASE JOD AND ITS AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS "AFFILIATES") FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL, CONSEQUENTIAL AND OTHER) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE BETWEEN ONE OR MORE USERS, POSTERS OR OTHER USERS IN ANY WAY RELATING TO THE JOD PLATFORM.

7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOD OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL , USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THIS SERVICE. UNDER NO CIRCUMSTANCES SHALL JOD BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM PIRACY, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JOD ASSUMES NO RESPONSIBILITY FOR ANY (I) ERRORS, ERRORS, OR INACCURACIES IN ANY EMPLOYMENT POSTINGS, EMPLOYMENT SERVICES, OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON THEM; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT ANY THIRD PARTY MAY TRANSMIT TO OR THROUGH OUR SERVICE; (VI) ANY ERRORS OR OMISSIONS IN ANY APPLICATION OR CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER. IN NO EVENT SHALL JOD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIM, PROCEEDING, LIABILITY, LIABILITY, DAMAGES, LOSSES OR COSTS IN AN AMOUNT IN EXCESS OF THE AMOUNT YOU PAID JOD PURSUANT TO WITH THE PRESENT OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

7.3 THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Indemnity.

8.1 You agree to defend, indemnify and hold harmless Jod , its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from any and all claims. , liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or related to your violation of these Terms of Use or your use of the Jod Platform , including, without limitation, a, your User Contributions (discussed below), any use of the Jod Platform's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Jod Platform .

8.2 Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action or proceeding that is subject to this indemnification upon becoming aware of it.

9. Payment and fees

9.1 Users contract directly with other Users regarding the performance and payment for completion of Posted Works. Posters users pay Performers for published works through an independent PSP or by cash or check. Jod is not obligated to compensate Performers for Poster's failure to pay for services, nor is Jod obligated to compensate Performers for Performers ' provision of services .

9.2 Posters will be responsible for paying the fees associated with the Posted Work ("Posting Fees") which will include (i) payment for the Post listed by the Posterer and agreed to by the parties ("Work Fee"), ( ii ) ) any out-of-pocket expenses agreed to by the parties and submitted by Performers in connection with the Posted Work, ( iii ) any service charge(s) ("Service Charge") that Jod charges Bidder as payment for use of the Jod Platform (fees Jod charges Bidder to offset Jod 's cost of providing Users with customer support and other resources), (vi) transaction fees ("Transaction Fees") incurred by using a credit card, Paypal or other PSP, and (vi) Cancellation Fees or ( vii ) Dispute Resolution Fees where applicable. For information on rates and charges, see the Jod area Fees and Charges.

9.3 Advertisers and Performerss are responsible for establishing and accepting job payment amounts for jobs posted. In addition, a tip or gratuity, as applicable, may be added by the Advertiser or at the direction of the Advertiser to the Listing Fees and all such additional tips or gratuities will go directly to the Performer. Posting Fees must be paid by the Poster through the PSP at the time of the Job Poster's selection of a Job Executor applicant and before any work is performed. Users may be charged a cancellation fee through the PSP if you book or accept a posted job, but cancel it early (or no-show) before it is scheduled to run.

9.4 Users must provide their payment method details to Jod and the PSP prior to acceptance of the Posted Work. As a Performer, any and all payments through or in connection with your performance of the Posted Works are provided to you through the PSP. Payments earned by Performerss will be withdrawn through the PSP.

9.5 In order to receive payment, Performers are responsible for accurately notifying Poster and Jod via the Jod Platform within 24 hours of completion of the work. When the Poster receives confirmation through the Platform that a Performer/ Performers has notified Jod that a Work has been completed, the Poster agrees to acknowledge the completion of the Work, or Dispute the completion of the Work, as the case may be, within 24 hours after said notification of the Executor and automatically authorizes Jod . and the PSP to process Payments if that time period expires without acknowledgment of completion of the Work or Dispute. Performers will be responsible for paying (i ) the performance fee(s), ( ii ) any additional fees for Performers , ( iii ) any cancellation fees, if any, ( iv ) reimbursement of erroneous payments and (v) dispute resolution fees, if any, and authorizes Jod and the PSP to automatically deduct such fees from the payment amount of the work.

9.6 Jod does not refund Fees or Charges. Fees for submitting to Users are assessed by Jod , but the successful performance of the Posted Work is still only between the Poster and the Performer. Jod is not responsible for disputes arising from payments made or not made through the PSP (see Dispute Resolution section below).

9.7 In order to list published works or receive payment for completed work through the Jod platform , users will need to set up an account with the PSP, which may require any or all of the following: registration with the PSP, agreement to the terms of service from the PSP (the "PSP Services Agreement"), and completion of an investigation process, including identity verification and/or account validation at the request of the PSP. By accepting these Terms of Service, each User acknowledges that they have downloaded or printed, and reviewed and accepted, the PSP Services Agreement. Please note that Jod is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the only parties to the PSP Services Agreement and that Jod is under no obligation, responsibility or obligation. to any User or other party under any PSP Services Agreement.

9.8 To help prevent fraud and safeguard user information from the risk of unauthorized access, Jod and/or the PSP may validate an account prior to activation and prior to posting or displaying the work profile. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-3 business days. Due to differences in PSP and credit card issuer requirements, this temporary charge may vary based on the estimated value of any posted work and expenses.

9.9 Jod reserves the right (but not the obligation) at the request of Poster or Performer, or upon notification of any potential fraud, unauthorized charges or other misuse of the Jod Platform , to (i) place any Payment on hold. work, out-of-pocket expenses, and/or tips or gratuities (if applicable) or ( ii ) reimburse or provide credits, or arrange for the PSP to do so.

9.10 Users of the Jod Platform will be responsible for any taxes, licenses or other fees that may be payable on the Posted Works. Interest will not be paid on Job Posting Fees or amounts held in Payment Accounts.

9.11 We charge fees for certain services, such as posting fees, service fees, transaction fees, job introduction fees, and optional job profile posting or update fees. When you use a service that has a fee, you will have the opportunity to review and agree to the fees that will be charged to you based on our schedule of fees and charges , which we may change from time to time and will update by posting it on our Website. for temporarily changing our service fees for promotional events or new services, and such changes become effective when we post a temporary promotional event or new service on the Jod Platform , or as otherwise notified by us through promotional correspondence. Unless otherwise stated, all fees are quoted in US dollars.

10. Backgrounds

10.1 You may have positive funds in your Account if you have prepaid any fees or charges or services to be provided to you through the Jod Platform . If you are an Executor, you may have positive funds if you have successfully completed a Posted Job and the funds have been released to you. There are also circumstances where funds may have been credited to your Account in connection with an affiliate program or referral program.

10.2 The funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us and may be commingled with our general operating funds and/or funds from other Users' Accounts.

10.3 You are not entitled to any interest or other earnings on the funds in your Account.

10.4 We may receive interest on funds we hold in our operating accounts from financial institutions with which we maintain our operating accounts. Any interest accrued belongs to us and we will not be liable to any User for any interest imputed to such funds.

10.5 If your Account has negative funds, we may: (a) offset the negative amount with funds that you subsequently receive in your Account; (b) if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may offset the negative amount with funds you hold in a different currency (at an exchange rate applied by us); (c) void payments you have made from your Account to other User Accounts on the Jod Platform ; (d) deduct amounts you owe us from money you subsequently add to or receive in your Account; or (e) immediately suspend or limit your Account until such time as your Account no longer has a negative amount.

10.6 In the event that we offset a negative amount of funds in accordance with this section, it may be combined with another debit from your Account.

10.7 We reserve the right to collect funds due to us by any other lawful means.

10.8 You acknowledge and agree that: (a) we are not a bank or other authorized financial institution and we do not provide banking or any financial services to you; (b) the funds displayed in your Account (which may include Job Payments, Service Fees and/or any fees and charges you owe us) represent our unsecured obligations with respect to your rights to direct us to make payments in connection with with the payment and execution of Works Published through the Jod Platform ; (c) to the extent we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you; (d) we are not acting as trustee or fiduciary with respect to any such funds or payments; (e) the amount of funds shown in your Account is not insured and is not a guaranteed deposit; (f) funds may only be loaded to, or released from, your Account by us and you must only use the mechanisms available on the Jod Platform to pay or receive funds in respect of Posted Works; (g) any refund that needs to be processed to you will be returned only to the source of the original deposit and may not be redirected to any other payment source; (h) we will hold funds with respect to the amount of your Account (including Employment Payments) in an account that we maintain with a financial institution (or in such other manner as we may decide in our sole discretion from time to time) and such funds are not segregated in a separate account; (i) we may commingle your funds with funds of other Users and our own funds and such combined funds may be used to pay other Users or for our general corporate purposes or otherwise, however, we will be required to release or reimburse funds to your address in accordance with this Agreement; and (j) we may set a minimum limit on the amount of funds in your account for withdrawal.

11. Fraud prevention

11.1 We reserve the right to suspend a User's withdrawal request if the source of funds is suspected to be fraudulent.

11.2 If we become aware that funds were received into an Account from another Account as a result of a fraudulent transaction, this will be immediately reversed. If those funds have already been released to you, you must deposit the funds into your Account. If you do not, we may suspend, limit or terminate your account, or take action against you to recover those funds.

11.3 We may, in our sole discretion, place a limit on any or all funds in your Account (thus preventing any use of funds) if: (a) we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, even if we believe there is a risk that such funds may be subject to reversal or chargeback; (b) we believe that the recipient of the payment is someone other than you; (c) we believe the payment is being made to a country where we do not offer access to the Jod Platform ; or (d) we are required to do so by applicable law or law enforcement.

11.4 If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may withdraw the funds from your Account. We may also place a limit on your account in circumstances where we suspect fraudulent or other unacceptable behavior while we investigate the matter.

12. Refunds

12.1 You may request a refund at any time for funds you have credited to your Account, except if the amount to be refunded relates to a Pay For Work or relates to fees or charges payable to Jod .

12.2 If the amount User requested to be refunded relates to: (1) a Job Payment, the Dispute Resolution Process Section below may be followed; or (2) our fees and charges, the process set forth in the Arbitration Agreement section below must be followed.

12.3 If we accept the refund, the User will receive the funds through the same payment methods that the User used to make the original payment to us.

12.4 We may refund funds to Users regardless of whether a User has requested a refund of funds if: (1) we are required by law or believe that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to User in accordance with any refund policies specified by us from time to time; (4) we discover that the original payment made by the User is fraudulent; (5) the User made a duplicate payment by mistake; or (6) we believe, in our sole discretion, that repayment of the funds is likely to be necessary to avoid a credit card chargeback.

12.5 You can request a refund by using our customer support link on the mobile app or by using our contact form . Once you have made a Job Payment, you expressly agree to use the dispute resolution process in this agreement, you expressly agree to be bound by your decision, and you expressly agree not to initiate any chargeback requests with your card issuer.

12.6 If you initiate a chargeback request or other Information Request or similar process, you agree and expressly consent to our sharing of all information in connection with your acceptance of these terms and conditions, in order to void such chargeback request. position.

12.7 If you have already initiated a chargeback request with your credit card issuer, you should not request a refund of the funds by contacting us and you should not seek double recovery.

12.8 If we reasonably determine, after having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds or chargebacks to you, we may suspend, limit or close your Account.

13. Withdrawals

13.1 Your first withdrawal of earned funds may be delayed up to fifteen days for security and fraud reasons.

13.2 Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies require a delay.

13.3 We may impose a minimum withdrawal amount for funds earned. This is set forth in our Schedule of Fees and Charges . The maximum you can withdraw per month is $10,000 unless specifically agreed otherwise with support.

13.4 We may require you to be verified by Jod before you can withdraw funds from your Jod account , regardless of whether or not a delay has been applied. For details on how to become a Jod Verified , please read the Identity Verification Policy section below.

13.5 You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti- fraud and identity verification policy , as described in this Agreement.

14. Dispute Resolution

14.1 This section of the Agreement sets out the dispute process that will be followed when a Poster and a Performer who have used the Jod Platform choose to use the Dispute Resolution process to resolve a dispute between them. The Dispute Resolution process is designed to encourage Users to resolve any disputes between themselves. Users are referred to Fees and Charges for more information on fees associated with dispute resolution.

Jod Dispute Team .

Jod Dispute Team . The Dispute Team's role extends to taking all necessary steps to resolve the case impartially. You acknowledge that the Dispute Team's verdict is final, binding and irreversible.

14.3 Posters.

Once a dispute is opened, Poster has 14 days to respond. Otherwise, you will automatically lose the dispute and the pending Payment will be transferred to the Executor / Performers account .

14.4 Interpreters.

Once a dispute is opened, the Performers have 4 days to respond. Otherwise, you will automatically lose the dispute and the pending Payment will be returned to the Poster's account.

14.5 The dispute resolution process takes place in stages as follows:

(a) Stage 1: problem identification. The claimant must select the Job and Payment to dispute. After which, a description of the problem and an explanation of why the dispute is being opened should be given. From this stage through Stage 3, Users are encouraged to attach any files that may support their claims. Finally, the claimant is asked to enter the amount they are willing to pay for the work (if a Poster) or want to be paid for the work (if a Performers ). The amount can be between 0 and the total amount of the Payment in question.

(b) Stage 2 – Negotiations. At this stage, either party may negotiate partial compensation or (after a period of time) elect to have the Dispute Team arbitrate the dispute. Both parties will have the opportunity to tell their side of the story and also negotiate terms to resolve the issue between them. Only the party that originally filed the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party may choose to pay the dispute resolution fee (see Fees and Charges ) for the dispute team to arbitrate the dispute. The dispute resolution fee will be refunded if the dispute is resolved by mutual agreement or canceled prior to reaching arbitration.

(c) Stage 3 - Final Offers and Evidence. After one of the involved parties has paid the dispute resolution fee, the other party has 4 days to pay the fee as well. Either party still has the option in this period to negotiate with the other party. If the respondent party does not pay the dispute resolution fee within 4 days, the result will be in favor of the party that first submitted the dispute to arbitration. If a solution is found before the respondent party pays the fee, this fee will be refunded to the party that paid the dispute resolution fee. Stage 3 is the last stage where both Users can present their final evidence to support their case. After Stage 3, the parties involved can no longer present evidence. The dispute will be resolved based on evidence provided through the Dispute System, or otherwise available to the Dispute Team, such as the job description and correspondence between the parties. Once the dispute has progressed to Stage 4, no further evidence will be accepted.

(d) Stage 4 – Dispute Resolution Arbitration. In Stage 4, the Dispute Team will review all evidence and other information provided to reach a decision (usually within 48 hours). The verdicts of the disputes are final, binding and irreversible. The party that wins the dispute will be refunded the dispute resolution fee. In the event that one of the parties to the Dispute has paid the Dispute Resolution Fee, the other party will have 4 days to pay the Dispute Resolution Fee to go to Arbitration, and if they do not, the dispute will be closed by default, in favor of the party that initiated stage 4, with the Dispute Resolution Fee initially paid refunded.

14.6 Evidence Requirements for Your Dispute. If you choose to have the Dispute Team arbitrate your dispute, you agree to allow the Dispute Team to read all correspondence made on the Jod Platform and to download or access any correspondence and uploaded files related to the dispute for the sole purpose of resolving your dispute. . resolved. We strongly recommend that you submit all documents that would support your claims in your dispute.

(a) Email correspondences as screenshots or as *. eml files . If you're sending screenshots, make sure the "To", "From" and "Date" bars are visible. Email correspondence sent in *. txt or *. doc or any word processing software will not be honored. As proof of external correspondence, users must provide screenshots of their entire conversation without editing.

(b) IM (instant messaging) conversations must be sent as screenshots of the IM software conversation. Correspondences sent in * will not be accepted. txt , *. doc or any word processing software.

(c) Provide the products, contracts and other files related to the project and the dispute.

(d) Jod will maintain the confidentiality of the Work and the privacy of the users involved and will not disclose the information collected to any party except as required by law.

14.7 Dispute Resolution Fee. The dispute resolution fee is payable by each party (see Fees and Charges ) . The dispute resolution fee will be refunded to the winner of the dispute. Dispute resolution only covers payments. Dispute Resolution does not cover claims for property damage, bodily injury, theft, or other loss or damage arising from (non-)performance of the posted work. Users agree to resolve any matter relating to these or any other issues arising out of (non-)performance of the published work between them, excluding Jod and holding Jod harmless from such claims.

15. Identity Verification and Disclosure of Background Investigation Policy.

15.1 You authorize us, directly or through third parties, to make any queries we deem necessary to validate your identity. You must, at our request: (1) provide us with further information, which may include your date of birth or other information that allows us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

15.2 You must also, at our request, provide copies of identification documents (such as your passport or driver's license). We may also ask you to provide a photo ID that contains your identification along with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background, and your skills.

15.3 We reserve the right to close, suspend or limit access to your Account and/or the Jod Platform in the event that we are unable to obtain or verify to our satisfaction the information we request in this section.

15.4 We reserve the right to update your details on the Website/Mobile App to match any identity documentation you have provided. Disbursements, such as job pay for performance of posted work, can only be made to the beneficiary matching the identity documents and account information provided.

15.5 Falsifying your identity is a crime. Jod may report users who provide false documentation.

15.6 Background Check Credential. In order for other users to see a "Background Check" badge icon on your profile page, you agree that you will need, at a minimum, to receive a clear status of each 1) criminal background check, 2) offender record, 3) Global Watch List and 4) SSN Tracking provided by our third party Consumer Reporting Agency (CRA). You can request a background check badge for your user profile by purchasing the "Request Background Check" option in the Jod Mobile app . For information, disclosures, and disclaimers regarding identity verification and third party background checks, please see the following subsections within this section.

15.7 Disclosure About Background Checks. If you request and pay a non-refundable background check fee (see Fees and Charges ) , Jod may obtain information about you from a CRA for account verification purposes. In order for this background check to be carried out, you will be the subject of a "consumer report" which may include information about your character, general reputation, personal characteristics and/or lifestyle. These reports may contain information about your credit history, criminal history, motor vehicle records ("driving records"), verification of your education or employment history, or other background checks. The results of this background check may be used as a factor in Jod limiting, terminating or suspending your account as a security measure. You have the right, upon written request made within a reasonable time, to request whether a consumer report has been made about you and to request a copy of your report.

15.7a California Background Check Disclosure. At your request, and upon payment of a non-refundable background check fee (see Fees and Charges ) , Jod will obtain information about you for account verification purposes from a CRA. In this case, you will be the subject of an "investigative consumer report" and a "consumer credit report" obtained for identity verification and background check purposes. Such reports may include information about your character, general reputation, personal characteristics and lifestyle. With respect to any investigative consumer report from an investigative consumer reporting agency ("ICRA"), the Company may investigate the information contained in your profile and other background information about you, including, but not limited to, obtaining a background check, check references, employment history, your social security number, your educational achievements, licenses and certifications, your driving record and other information about you, and interview people who know about you. The results of this background check may be used as a factor for Jod to limit or suspend your account as a security measure. Jod agrees to provide you with a copy of an investigative consumer report when required to do so by California law. Under California Civil Code section 1786.22, you have the right to find out what is in the CRA's file about you with proper identification, as follows:

“Proper identification” includes documents such as a valid driver's license, social security account number, military identification card, and credit cards. Only if you cannot identify yourself from such information may the CRA request additional information about your employment and personal or family history to verify your identity. The CRA will provide trained personnel to explain any information provided to them and will provide a written explanation of any encrypted information contained in files maintained on you. This written explanation will be provided each time a file is provided for your visual inspection. You may be accompanied by another person of your choice, who must provide reasonable identification. A CRA may ask you to provide a written statement giving the CRA permission to review your file in the presence of that person.

15.8 If we receive "clean" statuses from the CRA for all of your background check and identity verification reports, you authorize Jod to add a "Background Check" profile badge or other background check indicator to your profile. Jod .

15.9 Subject to and in accordance with state and local laws, some types of criminal convictions, such as murder, sexual assault, terrorism-related offenses and other serious crimes, will result in your disqualification from Jod . membership and account cancellation if they occur at any time in your life. Convictions for felonies, violent crimes, sexual offenses, and registered sex offender status, among other types of criminal history, are also disqualifying and will result in account termination. Pending charges for those categories of crimes are also disqualifying , unless and until such charges are resolved in your favor. If you do not receive "clean" statuses on your identity verification and background checks from the CRA, you may not be able to withdraw funds from your Jod PSP account, your account may be suspended or terminated, and other restrictions may apply.

15.10 Third party background checks are valid for a period of one year from the date of purchase. If you receive "clean" statements from the CRA, at the end of one year from the date of purchase, and for each additional year thereafter, you may be required to purchase an upgrade to your "Background Check" or " Background check . " ” for Jod , to maintain the “ Background Check” status and for the “Background Check” indicator to continue to appear on your Jod profile .

15.11 You hereby agree to immediately notify Jod in writing to stop using the Jod Platform and refrain from contacting any of its users until further notice from us in the event that: 1) you are charged or convicted of any crime, in any jurisdiction, 2) listed on a Sex Offender Registry in any jurisdiction, or 3) listed on a Global Watch List by any government or jurisdiction. Notification is required regardless of whether the events occurred before or after Jod 's third-party CRA has conducted a background check on the consumer or even if no background check has been conducted. Notifications should be sent via email to: support@Jod.com

15.12 YOU ACKNOWLEDGE THAT JOD OBTAINS THE BACKGROUND CHECK INFORMATION IN ITS REPORTS FROM THIRD PARTIES "AS IS" AND THEREFORE PROVIDES THE INFORMATION TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING OUT OF A COURSE OF DEALING OR A COURSE OF PERFORMANCE WITH RESPECT TO ACCURACY, VALIDITY OR COMPLETENESS OF ANY IDENTITY CHECKS OR BACKGROUND CHECKS THAT THE IDENTITY CHECKS OR BACKGROUND CHECKS WILL MEET YOUR NEEDS, OR WILL BE PROVIDED ON AN UNINTERRUPTED BASIS; JOD EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES. REGARDLESS OF ANY IDENTITY VERIFICATION OR BACKGROUND CHECKS, CREDENTIAL OR INDICATOR THEREOF . WHEN DEALING WITH ANY SERVICE PROVIDER FROM OUR PLATFORM, IT IS STRONGLY RECOMMENDED THAT YOU USE THE SAME SECURITY PRECAUTIONS THAT YOU WOULD USE WHEN INTERACTING WITH ANY MEMBER OF THE PUBLIC YOU HAVE NOT PREVIOUSLY KNOWN. YOU HEREBY AGREE TO RELEASE JOD FROM ANY CLAIMS BASED ON RELIANCE ON IDENTITY VERIFICATION AND THE RESULTS OF BACKGROUND CHECKS, BADGES AND/OR OTHER INDICATORS, BY US OR ANY THIRD CRA. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, JOD EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR PERFORMANCE.

16. Account Termination, Suspension, Penalties for Non-Compliance, Remedies

Jod Platform for any reason without notice in our sole discretion. Without limiting the foregoing, we may close, suspend or limit your access to your account: (a) if we determine that you have breached or are acting in breach of these Terms; (b) if you try to renegotiate the actual price of payment of work in private, to try to avoid charges; (c) if we determine that you have infringed legal rights (giving rise to actual or potential claims), including infringement of intellectual property rights; (d) if we determine that you have engaged or are engaged in fraudulent or illegal activity; (e) do not respond to account verification requests; (f) you do not complete account verification when requested within 3 months from the date of the request; (g) is subject to a United Nations, US or other applicable sanctions regime, or our banking and payment relationships prevent us from doing business with you; (h) to manage any risk of loss to us, a User or any other person; or ( i ) for any other reason and without prior notice in Jod 's sole discretion .

16.2 If we close your Account due to your breach of this Agreement, you may also be liable for certain charges as described in this Agreement.

16.3 Without limiting our other remedies, to the extent that you have breached this Agreement, you must pay us all fees due to us and reimburse us for all losses and costs (including all of our employees' time) and reasonable expenses (including fees legal) . ) related to the investigation of said breach and the collection of said fees.

16.4 You acknowledge and agree that: (1) the damages we will suffer as a result of your breach of this Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to determine; (2) if you breach this Agreement, we may fine you up to $3,000.00 USD for each breach and/or we may take legal action against you to recover losses in excess of the amount of the penalty; (3) a penalty of up to $3,000.00 USD is a currently reasonable prior estimate or minimum estimate of our damages, considering all circumstances currently existing, including (without limitation) the relationship of the sum to the range of damage to us that could reasonably be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult; and (4) we may release all (or part of) the penalty amount from your Account to us.

16.5 If we close your Account for a reason other than as a result of your breach of this Agreement, unless otherwise specified in this Agreement, you will be entitled to receive any payment we owe you.

16.6 In the event that we close your Account, you will have no claim against us in respect of such suspension or termination of your Account.

16.7 Jod 's remedies for any breach of this Agreement by you shall include, but are not limited to, damages, injunctive relief, specific performance and restitution. You acknowledge that any breach of this Agreement by you would cause Jod irreparable harm for which monetary damages would not be an adequate remedy, and therefore Jod shall be entitled to injunctive relief (including specific enforcement). The rights and remedies provided to each party in this Agreement are cumulative and are in addition to any other rights and remedies available to such party at law or in equity.

17. Monitoring and Compliance; Termination

17.1 Jod reserves the right to: (a) Remove or refuse to post User Contributions discussed below for any or no reason in our sole discretion. (b) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity . , threatens the personal safety of Users of the Jod Platform or the public, or could create liability for Jod . (c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. (d) Take appropriate legal action, including but not limited to referral to law enforcement, for any illegal or unauthorized use of the Jod Platform . (e) Terminate or suspend your access to all or part of the Jod Platform for any or no reason, including, without limitation, for any violation of these Terms of Use.

17.2 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who posts any material on or through the Jod Platform .

17.3 YOU WAIVE AND RELEASE JOD FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JOD DURING OR AS A RESULT OF INVESTIGATIONS BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

17.4 Jod does not undertake to review all material before it is posted on the Jod Platform, and cannot guarantee the prompt removal of objectionable material after it has been posted. Accordingly, we assume no responsibility for any action or inaction with respect to transmissions, communications or content provided by any user or third party. We have no obligation or liability to anyone for performance or non-performance of the activities described in this section.

17.5 Termination by Jod . If you fail to perform any of your obligations under this Agreement, Jod may terminate this Agreement, in whole or in part, at any time with cause or without cause for your convenience, effective immediately, in which event neither Jod nor the Poster are required. to pay you any money earned by you up to the effective date of termination or maturity. Jod or a Poster may withdraw any Posted Work at any time before you make the Posted Work.

17.6 Termination by the User. Effective with one (1) day's prior written notice to Jod , you may terminate this Agreement at any time by ceasing to use the Jod Platform and deactivating your account.

18. Intellectual property rights

Jod Platform and all of its content, features and functionality (including without limitation all information, software, text, displays, images, video and audio, and the design, selection and arrangement of the same) are property of Jod . its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

18.2 These Terms of Use allow you to use the Jod Platform for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on our Jod Platform , except as follows: (a) Your computer may temporarily store copies of such materials in RAM related to your access and viewing of such materials. (b) It may store files that are automatically cached by your web browser to improve display. (c) You may print or download one copy of a reasonable number of pages of the Jod Platform for your personal use and not for further reproduction, publication or distribution. (d) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your personal use, provided that you agree to be bound by our end user license agreement for such applications . .

18.3 If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Jod Platform in breach of the Terms of Use, your right to use the Jod Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in the Jod Platform or any content on the Jod Platform is transferred to you , and Jod reserves all rights not expressly granted. Any use of the Jod Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

18.4 The Jod name and all related names, logos, product and service names, designs and slogans are trademarks of Jod or its affiliates or licensors. You must not use such marks without the prior written permission of Jod . All other names, logos, product and service names, designs and slogans on the Jod Platform are the trademarks of their respective owners.

19. User Contributions

Jod Platform encompasses message boards, chat rooms, web pages or personal profiles, forums, bulletin boards and/or other interactive features that allow Users to post, submit, publish, display or transmit to other Users or other persons content or materials (collectively, "User Contributions") on or through the Jod Platform .

19.2 All User Contributions must comply with the Content Standards set forth below in these Terms of Use.

19.3 Any User Contribution you post on the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Jod Platform , you grant us and our licensees, successors and assigns a perpetual, irrevocable and sublicensable right to use, reproduce, modify, perform, display, distribute and disclose to third parties. any such material.

19.4 You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of them and our respective licensors, successors and assigns. (b) All of your User Contributions do and will comply with these Terms of Use. (c) You understand and acknowledge that you are responsible for any User Contribution you submit or contribute, and you, not Jod , have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. (d) We are not responsible to any third party for the content or accuracy of User Contributions posted by you or any other User of the Jod Platform .

19.5 You acknowledge and agree that any User Contribution submitted to the Jod Platform is subject to Jod 's approval . We may reject, approve, remove, or modify your User Content in our sole discretion.

20. Comments.

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

21. Content Standards

21.1 These content standards apply to any and all User Contributions and use of the Jod Platform . User Contributions must fully comply with all applicable federal, state, local, and international laws and regulations.

21.2 Without limiting the foregoing, User Contributions must not: (a) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. (b) Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. (c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. (d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that may give rise to civil or criminal liability under applicable laws or regulations or that may otherwise be in conflict with these Terms of Use. use and our Privacy Policy on the web and/or mobile application. (e) Being likely to deceive any person. (f) Promote any illegal activity, or advocate, promote or assist any illegal act. (g) Cause annoyance, inconvenience or unnecessary anxiety or that may annoy, embarrass, alarm or annoy any other person. (h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization. (i ) Involve commercial or sales activities, such as contests, sweepstakes and other sales, barter or advertising promotions. (j) Give the impression that they emanate or are endorsed by us or any other person or entity, if this is not the case.

22. Linking to the Jod Platform and Social Media Features

22.1 You may link to the Jod Platform , provided you do so fairly and legally and do not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Jod Platform may provide certain social media features that allow you to: (a) Link from your own Jod Platform or from certain third party Jod Platforms to certain content on this Jod Platform . (b) Send emails or other communications with certain content, or links to certain content, on this Jod Platform . (c) Cause limited portions of content on the Jod Platform to be displayed or appear to be displayed on your own website or on certain third party websites.

22.3 You acknowledge and agree that you will not: (a) cause the Jod Platform or parts of it to be displayed, or appear to be displayed, on any other site, for example, framing, deep links or inline links. (b) Otherwise take any action with respect to the materials on the Jod Platform that is inconsistent with any other provision of these Terms of Use.

22.4 You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice.

22.5 We may disable all or some of the social media features and any links at any time without notice at our sole discretion.

23. Links from the Jod Platform

Jod Platform contains links to other sites and resources provided by third parties, these links are provided solely as a convenience to you. This includes links contained in advertisements, including banner ads and sponsored links. We have no control over the content of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

23.2 If you decide to access any of the third party websites linked to the Jod Platform , you do so at your own risk and subject to the applicable terms and conditions of use for such third party websites.

24. Advertising

24.1 Unless we agree otherwise in writing, you must not advertise any external website, product or service on the Jod Platform . Any information posted on the Jod Platform must be related to a Posted Job offered through the Platform.

24.2 We may display advertisements or promotions on the Jod Platform . You acknowledge and agree that we will not be liable for any loss or damage of any kind that you incur as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. You further acknowledge and agree that the content of any advertisement or promotion may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorized by Jod or third party rights holders , you agree not to modify, sell, distribute, appropriate or create derivative works based on any such advertisements or promotions.

25. Communications with other users

25.1 Communication with other users through the Jod Platform must be through the Jod Platform 's text, audio or video chat functionality , along with message boards, public clarification boards, work message boards, posting of direct messages and other communication channels provided on the Jod Platform .

25.2 You must not post your email address or any other contact information (including but not limited to Skype ID or other identification strings on other platforms) on the Jod Platform , except in the "email" field of the application form. registration, at our request or as permitted by us on the Jod Platform .

25.3 Unless you have a prior relationship with a User, you should only communicate with Users through the Jod Platform . You must not and must not attempt to communicate with other Users through any other means, including but not limited to email, telephone, Skype, Zoom, ICQ, AIM, MSN Messenger, WeChat, SnapChat , GTalk , GChat or Yahoo .

25.4 In relation to video chat and audio chat, the terms agreed between Users must be confirmed in writing using the chat or direct message function.

25.5 Jod may use information such as your name, location, screen or username and/or your image, in connection with the provision of messaging services on the Jod Platform .

25.6 We may read all correspondence posted on the Jod Platform and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Services for the purpose of investigating fraud, compliance regulatory, risk management and other related purposes.

26. DMCA Notice.

26.1 It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Jod Platform , please notify our copyright agent as provided in the DMCA. In order for your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The above information should be sent to the following DMCA agent: support@Jod.com

26.2 Jod may, in its sole discretion, limit access to the Jod Platform and/or terminate the accounts of any User who infringes any intellectual property rights of others, whether or not there is a repeat infringement.

27. Reliance on published information

27.1 Information submitted on or through the Jod Platform is made available for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any liability arising out of any reliance placed on such materials by you or any other visitor to the Jod Platform , or by any person who may be aware of any of its content.

Jod Platform may include content provided by third parties, including materials provided by other Users, bloggers and third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and answers to questions and other content, other than content provided by Jod , are solely the opinions and responsibility of the person or entity providing such materials. These materials do not necessarily reflect the views of Jod . We are not responsible to you or any third party for the content or accuracy of materials provided by third parties.

28. Arbitration Agreement

28.1 READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS HOW YOU CAN SEEK RELIEF FROM JOD.

28.2 For any dispute directly with Jod , you agree to first contact us using the contact link in our mobile application and attempt to resolve the dispute with us informally. In the unlikely event that Jod has been unable to resolve a dispute with you after sixty (60) days, each of us agrees to resolve any claim, dispute or controversy (excluding any claim for injunctive relief or other equitable relief as provided below) arising out of, in connection with, or in connection with this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), through binding arbitration. To ensure the prompt and cost-effective resolution of any dispute, controversy, claim, cause of action, including, without limitation, legal claims, which may arise between the parties arising out of, under, out of, or in connection with this Agreement, including any quarrel. with respect to the formation, construction, interpretation, performance or breach of this Agreement or the performance of either party's obligations hereunder ("Dispute"), both parties agree to follow the alternative dispute resolution steps set forth below. set below. If the Dispute cannot be resolved in the first two steps described above, the parties agree that the Dispute will be resolved in accordance with the Federal Arbitration Act, 9 USC §1-16, and to the fullest extent permitted by law, by final and binding resolution. and confidential arbitration conducted as set forth below.

28.3 Both you and Jod acknowledge that by agreeing to this arbitration procedure, you are each waiving the right to resolve any such dispute through a jury or judge trial or administrative proceeding.

28.4 Mutual Consultation in Good Faith. The parties will first attempt to resolve the Dispute through mutual consultation in good faith. If the Dispute is not resolved in this manner within sixty (60) days after notice of a Dispute by one party, then either party may send notice to the other party requiring that the Dispute be resolved. arbitrate as follows: (a) No Appearance-Based Arbitration. Any Dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement in which the total amount of relief sought is less than five thousand United States Dollars (US$5,000.00) may be resolved cost-effectively. through binding agreements. arbitration without appearance, at the option of the party requesting relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") offering arbitration as set forth in this section and under such ADR Provider's rules, except to the extent such rules conflict with with this Agreement. Jod , in its sole discretion, will propose an ADR Provider and the other party will not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (i) the arbitration will be conducted by telephone, online and/or based solely on written submissions, the specific manner to be chosen by Jod , in its sole discretion ; ( ii ) all arbitration proceedings will be conducted in English or Spanish; ( iii ) the arbitration will not involve any personal appearance by the parties or witnesses unless the parties agree otherwise; ( iv ) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (v) each party shall bear its own attorneys' fees, costs and disbursements arising from the arbitration, and shall pay an equal share of the Administrator's and Arbitrator's fees and costs; provided, however, that the Arbitrator is authorized to determine whether one party prevails and, if so, award such prevailing party reimbursement of its reasonable attorneys' fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopying expenses, travel expenses, etc.), and/or the fees and costs of the Administrator and the Arbitrator. (b) The Arbitrator shall issue a written award and decision statement describing the essential findings and conclusions on which the award is based, including the calculation of damages awarded. The Arbitrator shall have no authority to award damages in excess of the amount, or of types other than those permitted by this Agreement. The Arbitrator shall also be authorized to award any temporary, preliminary, or permanent equitable relief or relief it deems fair and equitable and within the scope of this Agreement, including, without limitation, a specific injunction or order of performance. (c) WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, BUSINESS OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE INDIVIDUAL CAPACITY OF THE PARTIES, AND NOT AS A CLAIMANT OR A MEMBER OF THE COLLECTION IN ANY CLASS ACTION, CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JOD ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, CLASS ACTION, PRIVATE ATTORNEY ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND (d) Notwithstanding any provision in this Agreement to the contrary, if the class action waiver in the preceding subsection is held to be invalid or unenforceable, however, neither you nor we have a right to arbitration.

28.5 The arbitration award shall be final and binding on the parties without appeal or review, except as permitted by the laws of Puerto Rico or the laws of the United States.

28.6 Exceptions. Notwithstanding the foregoing, either party may go directly to any court of competent jurisdiction to seek protection or enforcement of its intellectual property rights and/or seek injunctive or other equitable relief.

29. Geographic restrictions

29.1 Jod makes no claims that the Jod Platform or any of its content is accessible or appropriate outside of the United States. Access to the Jod Platform may not be legal by certain persons or in certain countries. If you access the Jod Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

30. Applicable law and jurisdiction

30.1 All matters relating to the Jod Platform and these Terms of Use, and any dispute or claim arising out of or related to them (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with internal laws. of the Commonwealth of Puerto Rico without giving effect to any provision or rule of choice or conflict of laws (whether of the Commonwealth of Puerto Rico or of any other jurisdiction).

30.2 Any lawsuit, action or legal proceeding arising out of or related to these Terms of Use or the Jod Platform shall be brought exclusively in the courts of the United States or the courts of the Commonwealth of Puerto Rico, in each case located in Chesterfield County, Puerto Rico. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

31. Time Limitation for Filing Claims

31.1 ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE JOD PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

32. Resignation

32.1 All waivers must be in writing and signed by the accused party. Any waiver or failure to perform any provision of this Agreement on one occasion shall not be deemed a waiver of any other provision or such provision on any other occasion.

32.2 No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any breach by the Company of Enforcing a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

33. Severability

33.1 If any provision of this Agreement, for any reason, is held invalid or unenforceable, the other provisions of this Agreement will remain unaffected and the invalid or unenforceable provision will be deemed modified to be valid and enforceable to the fullest extent. allowed by law.

34. Entire Agreement

34.1 This Agreement is the final, complete and exclusive agreement of the parties with respect to its subject matter and supersedes and merges all prior or contemporaneous communications and understandings between the parties. Except as permitted herein, no modification or amendment to this Agreement will be effective unless in writing and signed by the party to whom the charge is to be made.

35. Survival

35.1 All parts of this Agreement that by their nature should survive the expiration or termination of this Agreement will continue in full force and effect after the expiration or termination of this Agreement or your use of the Services. Termination or expiration of this Agreement shall not affect the liability of either party for any breach of this Agreement by such party prior to such expiration or termination.

36. Assignment

36.1 This Agreement and the rights and obligations of Users under this Agreement may not be assigned, delegated or transferred, in whole or in part, by operation of law or otherwise, by you without the prior written consent of Jod . Any attempted assignment, delegation or transfer in violation of the foregoing will be null and void.

36.2 Jod may assign this Agreement or any of your rights under this Agreement to any third party with or without your consent.

37. Notices

37.1 Jod may give any notice required by this Agreement by means of general notice on the Jod Platform , email to your email address on file with Jod , or by written communication sent by first class mail or prepaid mail to your address at record with Jod . Such notice shall be deemed to have been given at the expiration of forty-eight (48) hours after mailing or postage (if sent by first-class or prepaid mail) or twelve (12) hours after mailing. (if sent by email) . ) or posting the general notice on the Jod Platform .

37.2 You may send a notice to Jod , for the attention of Jod 's Legal Department . Such notice shall be deemed given when received by Jod by letter delivered by a nationally recognized overnight delivery service.

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38. California Residents

38.1 If you are a resident of the State of California and if any complaint with us is not resolved to your satisfaction, you may contact the California Department of Consumer Affairs, Division of Consumer Services, Complaint Assistance Unit in writing at 1625 North Market Blvd. _ , Suite N 112, Sacramento, California 95834 or by phone at (800) 952-5210 or (916) 445-1254.

39. Your comments and concerns

39.1 If you have any questions about this Agreement or Jod in general, please contact us using the Contact Us link on our mobile application.

Last update: 27/July/2022