Condiciones generales

These terms of service constitute a legally binding agreement (the “Agreement”) between you and TaskHuman, Inc. (“TaskHuman,” “we,” “us,” or “our”) governing your use of the TaskHuman application, websites, technology platform, and related services, applications, or platforms (collectively, the “TaskHuman Platform”).

 

By entering into this Agreement, you expressly acknowledge that you have read and understand this Agreement and accept all of its terms and conditions without limitation or qualification. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the TaskHuman Platform.

 

Please be advised: This Agreement contains provisions that govern how claims you and TaskHuman have against each other can be brought. These provisions will, with limited exception, require you to submit claims you have against TaskHuman to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action, or proceeding.

 

La plataforma TaskHuman

The TaskHuman Platform enables individuals to instantaneously connect, arrange to connect, or match with coaches (“Coaches”) who offer to share their human experiences in areas such as meditation, self-awareness, physical fitness, leadership skills, and other types of holistic practices to improve all aspects of your career and life.

 

All individuals who access the TaskHuman Platform, including Coaches, are collectively referred to herein as Users (“Users”).  Users are required to create an account to access the TaskHuman application and certain other aspects of the TaskHuman Platform. For purposes of this Agreement, the experience sharing provided by Coaches to other Users is referred to as the Services (“Services”).  Any decision by a User to seek, offer, or accept Services is a decision made in each User’s sole discretion. Each Service delivered by a Coach to another User shall constitute a separate agreement for such Services, between the relevant Coach and other User, each subject to this Agreement. TaskHuman disclaims all liability in respect of any Services provided by any Coach on the TaskHuman Platform or through the Services.

 

The TaskHuman Platform offers Users a portal through which to amplify their daily work and personal life, but there are certain services and information that we do not offer and that are outside of the scope of the Services:

 

• DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS OR OTHER PROFESSIONAL SERVICE ADVICE. IT IS FOR INFORMATION ONLY. IF YOU ARE EXPERIENCING AN EMERGENCY, PLEASE CALL 911 IMMEDIATELY.

• NO INFORMATION PROVIDED OR SHARED ON THE TASKHUMAN PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN AS, THE PRACTICE OF MEDICINE OR COUNSELING CARE. THIS SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, CLINICAL SERVICES, OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING CARE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, BEHAVIORAL HEALTH COUNSELING, PHARMACY, AND THE PROVISION OF HEALTHCARE ADVICE, DIAGNOSIS, PROGNOSIS, OR TREATMENT RELATING TO ANY MEDICAL OR HEALTH-RELATED CONDITION.

• THIS SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEKS THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR HEALTH-RELATED CONDITION. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE OR TREATMENT FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER DUE TO ANY INFORMATION ACQUIRED ON THE TASKHUMAN PLATFORM. YOUR ACCESS TO OR USE OF THE TASKHUMAN PLATFORM AND THE SERVICES DOES NOT CREATE IN ANY WAY A PHYSICIAN/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY SIMILAR RELATIONSHIP THAT WOULD GIVE RISE TO DUTIES ON OUR PART.

• RELIANCE ON ANY INFORMATION ACQUIRED ON THE TASKHUMAN PLATFORM IS SOLELY AT YOUR OWN RISK.

• TASKHUMAN DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PROFESSIONAL SERVICE PROVIDERS, CLINICS, FACILITIES, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION PROVIDED OR SHARED ON THE TASKHUMAN PLATFORM.

 

Modifications to Terms of Service & Policies Incorporated by Reference

TaskHuman reserves the right to make changes to this Agreement (including the other policies incorporated by reference), or any portion thereof, at any time in our sole discretion. Any changes will be posted on the TaskHuman Platform, indicating the date on which the terms were last updated, and/or otherwise communicated to you in writing.  Any changes will be effective upon the date of posting, unless explicitly stated otherwise. As long as you use the TaskHuman Platform, you are agreeing to this Agreement and any updates we make to it.   If you disagree with the updated Agreement, you may terminate this Agreement with immediate effect by discontinuing your use of the TaskHuman Platform. Your continued use of the TaskHuman Platform following the effective date of any modified terms indicates your acceptance of such modified Agreement.

 

Política de privacidad

Our collection and use of personal information relating to your access to and use of the TaskHuman Platform is described in our Política de privacidad, which shall form part of this Agreement between you and TaskHuman.

 

Coach Terms

If you are a Coach engaged by TaskHuman, you agree to be subject to and abide by the Coach Terms, which shall form part of this Agreement between you and TaskHuman.  If you are a Coach who is employed or contracted by, volunteering for, or otherwise affiliated with an entity that contracts with TaskHuman to provide TaskHuman access to its employees or other affiliated individuals (a “Sponsor”, and accounts accessed under the Sponsor’s contract, “Sponsored Accounts”), you agree to be subject to and abide by the Third Party Coach Terms, which shall form part of this Agreement between you and TaskHuman.

 

 

Mentor Coaches

Certain Sponsored Accounts may provide certain Users with access to Coaches selected by the Sponsor (“Mentor Coaches” or “Third Party Coaches”).  Mentor Coaches are not employees or independent contractors of TaskHuman.  Mentor Coaches are selected solely by the Sponsor, and TaskHuman does not, and shall not be deemed to, direct, supervise, monitor, or control any Mentor Coach.  References made to Coaches throughout this Agreement shall be deemed to apply to Mentor Coaches to the extent applicable.

Accounts & Eligibility

The TaskHuman Platform is designed to facilitate human-to-human interactions, and we expect all Users to engage in a manner that is truthful and does not violate any applicable laws or regulations, agreements with third-parties, third party rights, this Agreement, or TaskHuman’s policies.  You expressly agree not to use a false identity or provide any false or misleading information when creating an account or otherwise engaging with the TaskHuman Platform.  Absent a legitimate purpose for doing so, Users should only create one TaskHuman account, and creating multiple accounts to engage in behavior that violates this Agreement or to circumvent enforcement or other processes is strictly forbidden.

 

The TaskHuman Platform may only be used by or with the express permission and supervision of individuals who can enter into legally binding contracts. The TaskHuman Platform is not available to Users under the age of sixteen (16) years old. By becoming a User, you represent and warrant that you are at least sixteen (16) years old and that you will use the TaskHuman Platform and Services only for lawful purposes and in accordance with this Agreement. If you are under eighteen (18) years old or have not reached the age of majority in your jurisdiction of residence, you represent and warrant that you have your parent or legal guardian’s permission to use the TaskHuman Platform and Services.  If you are a parent or legal guardian of a User under the age of eighteen (18) years old, by allowing your child to use the TaskHuman Platform and Services, you accept and agree to be subject to the terms of this Agreement and responsible for your child’s activity on the TaskHuman Platform.  In addition, if you are a parent or legal guardian of a child under the age of (16), you may not allow your child to access or use the TaskHuman Platform through your account unless you are present and actively supervising the session at all times.

 

Users who have had their User account suspended or terminated are not eligible to use the TaskHuman Platform unless otherwise expressly permitted by TaskHuman.  Users accessing the TaskHuman Platform through Sponsor access or program codes are only eligible to use such access or program codes to the extent they are actively considered Authorized Users by the Sponsor (as defined in the contract between the Sponsor and TaskHuman).

Disclaimers

The following disclaimers are made on behalf of TaskHuman, our affiliates, subsidiaries, parents, successors, and assigns, and each of our and their respective officers, directors, employees, agents, and shareholders.

 

TaskHuman itself is not a Coach. Each User is able to determine whether he or she would like to share knowledge or receive knowledge about other experiences. TaskHuman has no control over the quality, accuracy, reliability, effectiveness, or any other aspect of the knowledge sharing that occurs between Users and assumes no responsibility for the acts or omissions of any Users. TaskHuman reserves the right, but is not obligated, to monitor communications between Users on the TaskHuman Platform.

 

THE TASKHUMAN PLATFORM IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE TASKHUMAN PLATFORM AND/OR THE SERVICES, INCLUDING THE ABILITY TO PROVIDE OR RECEIVE SERVICES AT ANY GIVEN LOCATION OR TIME.  WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

We do not warrant that your use of the TaskHuman Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, error-free, or will meet your requirements, that any defects in the TaskHuman Platform will be corrected, or that the TaskHuman Platform is free of viruses or other harmful components.  We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the TaskHuman Platform or Services.

We cannot guarantee that each User is who he or she claims to be. Nor can we guarantee the accuracy of any representations made regarding the competence, qualifications, experience, training, or certification of any Coach, all of which are based on the representations of the Coaches themselves (and/or, with respect to certain Mentor Coaches, the representations of the Sponsor that selected such Mentor Coach). You are solely responsible for determining if your Coach is qualified to share the knowledge you request. You understand that we reserve the right, but we have no obligation, to conduct background checks on Coaches. Please use common sense when using the TaskHuman Platform and Services, including looking at the photos (when available) of the User you have connected with to make sure it is the same individual you believe you are communicating with. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication, or other use or access of the TaskHuman Platform by persons under the age of eighteen (18) in violation of this Agreement. If you believe that your safety is threatened through your interaction with other Users, immediately call 911 or law enforcement.

TaskHuman is not responsible for the conduct, whether online or offline, of any User of the TaskHuman Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for procuring insurance for, any User. TaskHuman is not responsible for any adverse health effects that may arise from the use of the TaskHuman Platform or the Services, including any information, advice, consultations, products, or events you learn about on the TaskHuman Platform. By using the TaskHuman Platform and participating in the Services, you agree to accept such risks and agree that TaskHuman is not responsible for the acts or omissions of Users on the TaskHuman Platform or participating in the Services, or for any false or misleading statements or omissions made by Users on the TaskHuman Platform.

TaskHuman expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account, or you suspect any other breach of security, you agree to notify us immediately.

It is possible for others to obtain information about you that you provide, publish, or post to or through the TaskHuman Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information (including protected health/legal information) that you disclose to other Users on the TaskHuman Platform or through the Services. Please carefully select the type of information that you provide on the TaskHuman Platform or through the Services or release to others. In particular, you should refrain from providing credit card or other payment information to other Users on the TaskHuman Platform or when participating in the Services. Additionally, you should refrain from disclosing confidential or proprietary information. You are fully responsible for any information that you provide to other Users, and we disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized Users, or “hackers”), including in respect of the use of any personal, proprietary, or confidential information you provided to such Users.

Opinions, advice, statements, offers, or other information or content concerning TaskHuman or made available through the TaskHuman Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted or authored by third parties, whether on the TaskHuman Platform or otherwise. You should always seek the advice of your physician or other qualified healthcare provider with respect to any questions you may have regarding a medical or health-related condition, and you should not disregard, avoid, or delay obtaining medical advice or treatment from your physician or other qualified healthcare provider due to any information or content made available on the TaskHuman Platform or through the Services. We reserve the right, but we have no obligation, to monitor the materials posted on the TaskHuman Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

 

Communications

By becoming a User, you agree to receive communications from us and our representatives, including via e-mail, video call, chat, text message, phone or voice call, and push notification, which may be prerecorded and/or generated by automatic telephone dialing systems or other automatic communication systems. Communications from TaskHuman, its affiliated companies, and/or other Users may include, but are not limited to: operational communications concerning your User account or use of the TaskHuman Platform or Services, updates concerning new and existing features on the TaskHuman Platform, communications concerning TaskHuman, and other communications.  Standard text messaging, data, and voice charges applied by your cell phone carrier will apply.

You understand that you may opt out of receiving text messages by texting the word “STOP” in response to any message from TaskHuman or by emailing ask@taskhuman.com.  You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at ask@taskhuman.com.  If you do not choose to opt out, then TaskHuman may contact you as outlined in our Política de privacidad.

 

Notice

TaskHuman may give notice by means of a general notice on the TaskHuman Platform, electronic mail to the email address associated with your account, or text message to any phone number provided in connection with your account.  For notices made by email or text message, the date of receipt will be deemed the date on which such notice is transmitted.

 

Prohibited Activities

With respect to your use of the TaskHuman Platform and your participation in the Services, you agree to NOT:

1. Violate, breach, or circumvent any applicable laws or regulations, agreements with third-parties, third party rights, this Agreement, or TaskHuman’s policies;

2. Discriminate against or harass anyone, including on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or other protected class;

3. Communicate with others on the TaskHuman Platform, or otherwise use the TaskHuman Platform, in a manner that is abusive, offensive, disruptive, deceptive, fraudulent, obscene, vulgar, pornographic, indecent, sexually explicit, violent, incendiary, or threatening;

4. Use the TaskHuman Platform (a) to provide or request medical advice, diagnosis, or treatment relating to any medical or health-related condition, (b) for any commercial, advertising, solicitation, or other purposes that are not expressly permitted by this Agreement, or (c) in a manner that falsely implies TaskHuman’s endorsement or partnership or otherwise misleads others as to your affiliation with TaskHuman;

5. Interact with others on the TaskHuman Platform in a manner which is false, inaccurate, or misleading (directly or by omission);

6. Solicit login information or access an account belonging to someone else, or use a discount, access, referral, or other access code that you are not eligible to use (as determined by TaskHuman in its sole discretion);

7. Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the TaskHuman Platform;

8. Attempt to intercept or expropriate any system, data, or personal information;

9. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological, security, payment, or enforcement measure implemented by TaskHuman; 

10. Transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of the TaskHuman Platform;

11. Engage in patterns of behavior that indicate a reckless disregard for users’ time, energy, and effort in providing or receiving services; or

12. Share a User’s personal or confidential information with a third party without their explicit consent. 

If we suspect that you are engaging in prohibited activity, we may take action, in our discretion, to investigate and address the behavior, including, but not limited to, issuing a warning, suspending or terminating your account, contacting law enforcement, or taking other action in our sole discretion.  You agree to cooperate with any investigations conducted by TaskHuman and promptly provide any information requested by TaskHuman.

Export Controls

You may not use the TaskHuman Platform to conduct an export or re-export that would constitute a violation of any applicable export laws or regulations.

You represent that you are not (1) located in a country that is subject to a U.S. government embargo, and/or (2) listed on any U.S. government list of prohibited or restricted parties.

 

Law Enforcement Requests

TaskHuman may share information regarding you and your use of the TaskHuman Platform if a government authority requests information or we think disclosure is required or appropriate in order to comply with any laws, regulations, or a legal process. TaskHuman may also share information with law enforcement, government officials, or other third parties if TaskHuman thinks doing so is necessary to protect the rights, property, or safety of TaskHuman, TaskHuman’s employees, TaskHuman’s Users, or the public.

 

Suspension and Termination

TaskHuman may suspend or terminate your account at any time and for any reason without notice to you.

In the event of any termination or expiration of this Agreement, the following sections of this Agreement will survive and still apply: TaskHuman Terms of Service, The TaskHuman Platform, Dispute Resolution and Arbitration Agreement, Limitation of Liability, Disclaimers, Indemnification, Confidentiality, Warranties and Agreements, Coach Terms, Third Party Provider Terms, Payment Policy, Copyright Policy, Intellectual Property, User Submissions Media Agreement, Waiver, Severability and Survival, Política de privacidad, Suspension and Termination, and Entire Agreement.

 

Confidentiality

You agree not to use any technical, financial, strategic, or other proprietary and confidential information relating to TaskHuman’s business, operations, and User information (“Confidential Information”) disclosed to you by TaskHuman or any User for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to TaskHuman with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by TaskHuman or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of TaskHuman; becomes known to you, without restriction, from a source other than TaskHuman without breach of this Agreement by you and otherwise not in violation of TaskHuman’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to TaskHuman to enable TaskHuman to seek a protective order or otherwise prevent or restrict such disclosure.

 

Intellectual Property

All intellectual property rights in the TaskHuman Platform shall be owned by TaskHuman absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company, or product names set forth in the TaskHuman Platform are the property of their respective owners, and the use thereof inures to the benefit of each owner. Any use of such other trademarks, logos, service marks, company, or product names is intended to denote interoperability or provide information and does not constitute an affiliation by TaskHuman with any third party or an endorsement or approval by any third party of TaskHuman or its respective products or services.

 

User Submissions Media Agreement

By using the TaskHuman Platform and participating in the Services, you agree to the User Submissions Media Agreement, which shall form part of this Agreement between you and TaskHuman. This agreement contains specific terms relating to how TaskHuman may use content created and submitted by you to TaskHuman, including with respect to intellectual property rights, licenses, and publicity rights.  It further allows TaskHuman to publicize and commercially use your name, likeness, image, appearance, voice, professional and personal biographical information, and personal characteristics that you have provided to us.

 

License

Subject to your compliance with this Agreement, TaskHuman grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (1) access and use the TaskHumanPlatform on your personal devices solely in connection with your use of the Services; and (2) access and use any TaskHuman content, information, and related materials that may be made available through the TaskHuman Platform, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by TaskHuman and TaskHuman’s licensors.

 

Third Party Services

The TaskHuman Platform and Services may be made available or accessed in connection with third party services and content (including advertising) that TaskHuman does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. TaskHuman does not endorse such third party services and content and in no event shall TaskHuman be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., and Microsoft Corporation, and/or their applicable subsidiaries and affiliates, will be third-party beneficiaries to this contract if you access the TaskHuman Platform or Services using applications developed for Apple iOS, Android, or Microsoft Teams respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the TaskHuman Platform or Services in any manner. Your access to the TaskHuman Platform or Services using these devices or platforms is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

Feedback

At TaskHuman, we encourage feedback so we can constantly improve our services and provide a great User experience. When providing feedback, you agree that we are free to use the information provided without restriction and without compensation or other legal or equitable obligation to you.

 

Claims of Copyright Infringement

TaskHuman respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any item on the TaskHuman Platform infringes upon your copyrights, please review our Copyright Policy, for information on how to submit a copyright complaint.

 

Payment Processing Services

Payment processing services for Users who purchase minutes or otherwise make payments on the TaskHuman Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on the TaskHuman Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of TaskHuman enabling payment processing services through Stripe, you agree to provide TaskHuman accurate and complete information about you and/or your business, and you authorize TaskHuman to share it and transaction information related to your use of the payment processing services provided by Stripe.

 

Payments

Information relating to payments for Services by Users who purchase minutes or otherwise make payments on the TaskHuman Platform is provided in our Payments Policy, which shall form part of this Agreement between you and TaskHuman.

 

Ratings

Within a certain time frame after utilizing Services, Users may submit a star rating about each other. Any ratings reflect the individual opinions of the User and do not reflect the opinion of TaskHuman. Ratings are not verified by TaskHuman and may be inaccurate or misleading. Reliance on ratings provided on the TaskHuman Platform is solely at your own risk.

Users are prohibited from manipulating the ratings system in any manner.

 

Promotions, Referral Programs, and Other Rewards

TaskHuman, at its sole discretion, may make available promotions, referral programs, and other rewards programs with different features to any User or prospective user. These promotions and programs shall have no bearing whatsoever on your Agreement or relationship with TaskHuman. Unless otherwise specified in their terms, these promotions and programs are non-transferrable.  TaskHuman reserves the right to withhold or deduct any credits, monetary benefits, or other similar benefits obtained through a promotion or program in the event that TaskHuman determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. TaskHuman reserves the right to terminate, discontinue, or cancel any promotions or programs at any time and in its sole discretion without notice to you.

 

Dispute Resolution and Arbitration Agreement

Overview of the Dispute Resolution Process: TaskHuman is committed to participating in a consumer-friendly dispute resolution process. To that end, this Agreement provides for a two-part process for disputes: (1) an informal negotiation directly with TaskHuman’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by the Arbitration Agreement below).

Pre-Arbitration Dispute Resolution and Notification: Prior to initiating an arbitration, you and TaskHuman each agree to notify the other party of the dispute and first attempt to negotiate an informal resolution of the dispute. We will contact you at the email address you have provided to us; you can contact TaskHuman’s customer service team by emailing us. If, after a good faith effort to negotiate, you or we feel the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.

 

Arbitration Agreement

By agreeing to this Agreement, you agree that you are required to resolve any claim that you may have against TaskHuman, our affiliates, subsidiaries, parent companies, successors, and assigns, or any of our or their respective officers, directors, employees, agents, representatives, or shareholders (collectively, the “TaskHuman Parties”), on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against the TaskHuman Parties, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against TaskHuman Parties by someone else.

Agreement to Binding Arbitration Between You and the TaskHuman Parties: You and the TaskHuman Parties agree that any dispute, claim or controversy arising out of or relating to (1) this Agreement or the existence, breach, termination, enforcement, interpretation, or validity thereof, (2) your access to or use of the TaskHuman Platform or Services at any time, whether before or after the date you agreed to this Agreement, (3) your receipt of any communications, including without limitation, calls or text messages, from any TaskHuman Party, or (4) any advertising for the TaskHuman Platform or Services, will be settled by binding arbitration, and not in a court of law, provided however, that you and the TaskHuman Parties retain the right to bring an individual action in small claims court (if the action qualifies, remains in such court, and advances only on an individual basis) and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This Arbitration Agreement also does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against the TaskHuman Parties on your behalf.

You acknowledge and agree that you and the TaskHuman Parties are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and we otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If applicable law precludes enforcement of any of this paragraph’s limitations as to a given claim for relief, then the applicable claim shall be severed from the arbitration and may be brought into the state or federal courts in Santa Clara County, California. All other claims shall be arbitrated.

Rules and Governing Law: The arbitration will be administered by the AAA in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.

The parties agree that the Arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any other choice of law or other provision in the Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California, exclusive of any conflicts of law provisions.

Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at https://www.adr.org/Forms or by calling the AAA at 1-800-778-7879). The Arbitrator will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure: Unless you and TaskHuman otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and TaskHuman submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision: The Arbitrator will render a binding award within the time frame specified in the AAA Rules. If there is no appeal as stated below, the Arbitrator’s decision shall be final, binding, and conclusive on the parties and the judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will not be entitled to an award of attorneys’ fees and expenses, except to the extent required under applicable law or AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, the TaskHuman Parties agree not to seek, and hereby waive all rights they may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if they prevail in arbitration.

Appeals: At either party’s election and within thirty (30) days of receipt of the arbitrator’s award, such award may be appealed to another arbitrator (“Appellate Arbitrator”) who shall be chosen in the same manner as described above. The Appellate Arbitrator shall apply the same standard of review as an appellate court in the same jurisdiction would apply to review the decisions of a trial court, and shall issue an opinion based on such review and law. The Appellate Arbitrator’s decision shall be final, binding, and conclusive on the parties and may be entered in any court of competent jurisdiction.

Fees: Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.

Changes: If TaskHuman changes these Dispute Resolution Provisions and Arbitration Agreement after the date you first agreed to the Agreement (or to any subsequent changes to the Agreement), you may reject any such change by providing TaskHuman written notice of such rejection within thirty (30) days of the date such change became effective, as indicated in the “Effective” date of the updated Agreement as shown on the TaskHuman Platform.

This written notice must be provided by email (from the email address associated with your Account if you are a registered User) to: disputeresolution@taskhuman.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and TaskHuman in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Agreement (or to any subsequent changes to the Agreement).

Severability: If applicable law precludes enforcement of any of the Arbitration Agreement’s limitations on class, collective, consolidated or representative proceedings as to a particular claim for relief, then the applicable claim, and only that claim, shall be severed from the arbitration, brought into the state or federal courts of competent jurisdiction in Santa Clara County, California and stayed in litigation pending the outcome of any individual claims remaining in arbitration. If any other provision of this Agreement is found to be unenforceable or invalid for any reason, the parties shall remain bound by all other provisions hereof and the invalid or non-binding provision shall be replaced with provisions that are valid and binding and have, to the greatest extent possible, a similar effect as the invalid or non-binding provision.

 

Indemnification

You agree to release, defend (at TaskHuman’s option), indemnify, and hold the TaskHuman Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your breach of this Agreement or TaskHuman’s policies, (2) your use (or misuse) of the TaskHuman Platform or any Services, including any user submissions, (3) your interaction with any User, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, (4) any claims or penalties with respect to withholding taxes imposed on TaskHuman by the relevant tax authorities with respect to any compensation paid to any Coach, or (5) your breach of any laws, regulations, or third party rights.

 

Limitation of Liability

IN NO EVENT WILL ANY TASKHUMAN PARTIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE TASKHUMAN PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE TASKHUMAN PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TASKHUMAN PLATFORM MAY BE USED BY YOU TO SHARE AND LEARN ABOUT HUMAN EXPERIENCES, BUT YOU AGREE THAT TASKHUMAN HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE SERVICES PROVIDED TO YOU BY COACHES OR OTHER THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THEIR TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of California, without giving effect to any conflict of law principles, except as may be otherwise described in the Arbitration Agreement section of this Agreement. This provision is specifically intended to specify the use of California law when interpreting this Agreement. This provision is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.

 

Waiver

A waiver of any terms of this Agreement will not be deemed a further or continuing waiver of such term or any other term. TaskHuman’s failure to assert a right under this Agreement does not constitute a waiver of such right.

 

Severability and Survival

If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

 

Entire Agreement

This Agreement sets forth the entire understanding and agreement between you and TaskHuman with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

 

Contacting TaskHuman

Feel free to contact us at ask@taskhuman.com any time with any questions or comments regarding this Agreement.