Please read these Terms of Service (the “Terms”) carefully because they govern your use of our services accessible via our mobile device application (“App”), through which individuals who want to request the purchase of goods or the performance of tasks can communicate with our network of human “Operators” via instant messaging and photo sharing, in order to have such requests fulfilled. To make these Terms easier to read, our services and App are collectively called the “Services.”
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, please do not use the Services.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the App, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if you can form a binding contract with Operator and are not barred from using the Services under applicable law. For the avoidance of doubt, you must be at least 21 years of age to purchase alcoholic beverages through the Services. If you are not at least 21 years of age, you are prohibited from purchasing alcoholic beverages through the Services.
If you want to use the Services you’ll have to create an account (“Account”). You can do this via the App or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. You agree to update information for your Account, as needed, to keep it accurate, complete and up-to-date. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Operator is a mobile communication platform that uses a network of human “Operators” to fulfill users’ requests for goods and services (each a “Request”). The Services allow you to communicate with an Operator by sending a text message or photo describing your Request and enabling an Operator to respond in kind. Requests that you submit through the App’s “Requests” portal will be routed in our discretion either to an Operator who is part of the team of Operators we employ or to a third party Operator who is not our employee with expertise on, or an affiliation with, the particular product, service, brand, or store to which your Request relates. Upon receiving such a Request, the applicable Operator will research what he or she thinks is the best product or service to buy for you based on your Request, and will message you back through the Services with purchase options that you can give feedback on. Once an Operator has shown you something that you want, you can hit the “I’ll take it” button to order it, and the applicable Operator will make the purchase for you. Goods we purchase for you from merchants through the Services in response to your Requests are referred to in these Terms as “Products”, while services offered by service providers which we order for you through the Services in response to your Requests are referred to in these Terms as “Tasks”.
You will be charged a fee for each Product or Task you order through the Services. You agree to pay such fee, and any other fees (such as our commission for fulfilling your Request) and taxes that may accrue in relation to your use of the Services (collectively, “Fees”). All payments from you will be processed via the credit card or third party payment processing account on file in your Account (your “Payment Method”), and you represent that any Payment Method information you supply is true and complete. You authorize our third party payment processor to charge your Payment Method for the applicable Fees. All amounts referred to in these Terms, including those set forth through the Services, are stated in U.S. dollars and do not include any taxes. You will be responsible for the payment of any taxes applicable to any payments made hereunder, except taxes based on Operator’s income. Products and Tasks purchased by you are for personal or gift use and not for commercial use. Merchants, not us, determine the prices for Products. Such prices do not include any shipping and handling charges or applicable taxes, which will be communicated to you before you confirm your order. Likewise, service providers, not us, determine the prices they charge for Tasks they perform.
All of your orders for Products are subject to acceptance. Acceptance of your order will occur upon our receipt of a shipping confirmation from the merchant. If your order is on back order or comprised of “made-to-order” Products, you will receive a notification from us indicating that this is the case. We reserve the right not to accept your order for a Product or process your order or any transaction for any or no reason.
Merchants, and not us, are responsible for shipping Products ordered by us for you directly to the address you’ve designated in your Account. You may choose the method of shipment and timing of delivery for such Products through the Services, and you will be charged shipping and handling charges accordingly based on your choices.
The Products purchased by you through the Services are not our products, and we disclaim any and all warranties relating to such Products. Each merchant is fully responsible for the Products it provides to you. You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any and all injuries, damages, claims, liabilities, and costs such Products may cause you to suffer arising from or related to any act or omission of any merchant in connection with the merchant’s Products. We’re not responsible for examining or evaluating, and we do not warrant the offerings of, any merchant or merchant Products or the content of any Merchant website to which you can link via the Services. We do not assume any responsibility or liability for the actions, Products, and content of merchants or any other third parties.
We are not responsible for:
(i) any Product damage resulting from improper packing, storage or handling
(ii) Product delivered to you in a misrepresented/mislabeled or nonsaleable condition.
(iii) deteriorated or otherwise defective Product (collectively, “Damaged or Defective Product”). You may be entitled to a refund or credit of the purchase price you paid for any Damaged or Defective Product, provided that you return such Damaged or Defective Product to the applicable merchant in accordance with the “Returns and Refunds” procedures set forth herein.
We reserve the right not to accept your order for a Task or process your order or any transaction for any or no reason.
We are not involved in the completion of Tasks. We do not have control over and disclaim all liability for the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Tasks performed by service providers. We make no representations about the suitability, reliability, or accuracy of the Tasks requested of and performed by service providers.
In the event that you have a dispute with one or more service providers, you agree to address such dispute directly with the service providers in question and you release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If a dispute arises between you and a service provider in connection with a Task, we may, in our sole discretion, facilitate communication between you and the service provider in connection with such dispute. If such a dispute is unable to be resolved between you and a service provider, we may, in our sole discretion, intervene in such dispute and take any actions we deem appropriate.
The service providers that perform Tasks are not employees, agents or contractors of Operator, nor are they otherwise in a direct or indirect working or service provider relationship with Operator. You acknowledge that Operator does not, in any way, supervise, direct, or control a service provider’s work or Tasks performed in any manner. Operator does not set a service provider’s work hours or location of work. Operator will not provide a service provider with training or any equipment, labor or materials needed for a particular Task. The Services are not an employment service and Operator does not serve as an employer of any service provider. As such, Operator will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of a service provider’s services. You agree to indemnify, hold harmless and defend Operator from any and all claims by or on behalf of a service provider that a service provider was misclassified as an independent contractor and/or that the service provider maintained an employment relationship of any kind, including, any and all liabilities arising from a determination by a court, arbitrator, government agency or other body that a service provider was an Operator employee (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that Operator was an employer or joint employer of a service provider, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
Returns of, or refunds in connection with, Products or Tasks purchased or ordered through the Services may be handled directly between you and the applicable merchant or service provider, or Operator may, if it chooses, handle such returns or refunds for you or work with you in order to facilitate such returns or refunds. You understand and agree that it is in each merchant’s sole discretion as to which of its products (if any) will be eligible for return for a refund or credit, and that it is in each service provider’s sole discretion as to which of its services (if any) will be eligible for a refund, credit, or re-performance. When Operator has charged you a commission in connection with fulfilling a Request, and the applicable Product is returned or fees for the applicable Task are refunded, Operator may, at its discretion, refund such commission to you.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For purposes of these Terms:
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
“User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
By making any User Content available through Services you hereby grant to us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
As part of the Services, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App (“Push Messages”). If you decide to enable such Push Messages, you agree to receipt of communications from Operator via the Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur relating to these Push Messages depending on the message plan you have with your wireless carrier. You’ll be required to provide us with your phone number during the registration process in order to use the Services, and by agreeing to these Terms you authorize Operator to send texts to your phone.
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
copy, modify or create derivative works based on the App.
distribute, transfer, sublicense, lease, lend or rent the App to any third party.
reverse engineer, decompile or disassemble the App.
make the functionality of the App available to multiple users through any means.
We reserve all rights in and to the App not expressly granted to you under these Terms.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that:
infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
is fraudulent, false, misleading or deceptive.
is defamatory, obscene, pornographic, vulgar or offensive.
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
is violent or threatening or promotes violence or actions that are threatening to any person or entity.
promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services or any individual element within the Services, Operator’s name, any Operator trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Operator’s express written consent;
Access, tamper with, or use non-public areas of the Services, Operator’s computer systems, or the technical delivery systems of Operator’s providers;
Attempt to probe, scan or test the vulnerability of any Operator system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Operator or any of Operator’s providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Operator or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing an Operator trademark, logo URL or product name without Operator’s express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances Account holders who repeatedly infringe the rights of copyright holders. Please see Operator’s Copyright Policy for further information.
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions of these Terms will survive: Feedback; the first paragraph of Content Ownership, Responsibility and Removal regarding Operator’s ownership of the Content and Services; Termination; Warranty Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR OTHER THIRD PARTY. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. You are responsible for selecting Products and Tasks appropriate to your needs, and we do not warrant any Products or Tasks (or any goods or services associated therewith) purchased by you. We do not provide any warranties or guarantees regarding any service provider’s professional accreditation, registration, or license.
You will indemnify and hold harmless Operator and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with:
your access to or use of the Services or Content
your User Content
your violation of these Terms
NEITHER OPERATOR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OPERATOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OPERATOR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO OPERATOR FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO OPERATOR, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OPERATOR AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
You and Operator agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right:
to bring an individual action in small claims court
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 (the action described in the foregoing clause (ii), an “IP Protection Action”)
The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Operator are each 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. Further, unless both you and Operator otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available here or by calling the AAA at 1-800-778-7879) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
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 and a separate form for California residents) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of 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.
Unless you and Operator otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Operator submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. 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.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. 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. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Operator will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Operator will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Operator changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Operator’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Operator in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Operator and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Operator and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Operator’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Operator may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Operator under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Operator’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Operator. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Operator at:
660 4th Street #193
San Francisco CA 94107
United States of America