WOSIDO Terms of Service

These Terms of Service constitute a legally binding agreement between you and WOSIDO Einzelunternehmen. (“Wosido”) governing your use of the Wosido Platform. Wosido’s websites (including www.wosido.com and www.wosido.ch) (the “Sites”), mobile applications (the “Apps”), and related services, information and communications are collectively referred to as the “Wosido Platform.”

The use of all personal data you submit to the Wosido Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). You acknowledge that by using the Wosido Platform you have reviewed the Privacy Policy.

Your consent at registration and continued use of the Wosido Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Happines Pledge and the Privacy Policy. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using, the Wosido Platform.

The Privacy Policy and the Happiness Pledge for the country in which the Task is performed are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as the “Agreement”.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE WOSIDO PLATFORM.

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE WOSIDO PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, AS APPLICABLE FOR U.S AND CANADIAN USERS, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.

The Wosido Platform Connects Task Performers and Customers

The Wosido Platform is a web-based communications platform which enables connections between Customers and Task Performer. Customer are individuals and/or businesses seeking to obtain short-term services (“Tasks”) from Task Performer and are therefore Customers of Task Performer, and “Task Performer” are businesses seeking to perform Tasks for Customers. Customers and Task Performers together are hereinafter referred to as “Users.” If you agree on the terms of a Task with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

TASK PERFORMERS ARE INDEPENDENT BUSINESS OWNERS. TASK PERFORMERS ARE INDEPENDENT CONTRACTORS OF CUSTOMERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF WOSIDO. WOSIDO DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, WOSIDO OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CUSTOMERS WITH SERVICE PROVIDERS (TASK PERFORMERS) WHO WISH TO PERFORM A VARIETY OF TASKS.

USERS HEREBY ACKNOWLEDGE THAT WOSIDO DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A TASK PERFORMER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE TASKS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

Any rating on the Wosido Platform to a Task Performer indicates only that the Task Performer has completed a relevant account process or met certain criteria and does not represent anything else. Any such rating is not an endorsement, certification or guarantee by Wosido of such Task Performer’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Customers to evaluate when they make their own decisions about the identity and suitability of Task Performers whom they contact or interact with via the Wosido Platform.

The Wosido Platform enables connections between Users for the fulfillment of Tasks. Wosido is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks, Task Performers, or Customers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Wosido makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested or services provided by, or the communications of or between, Users identified through the Wosido Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

1. User Background Checks and User Representations and Warranties

1.1. User Background Checks

Users may be subject to a review process before they can register for and during their use of the Wosido Platform. Although Wosido may perform Background Checks, Wosido cannot confirm that each User is who they claim to be, and Wosido cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Wosido will not be liable for any false or misleading statements made by Users of the Wosido Platform.

NEITHER WOSIDO, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WOSIDO PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE WOSIDO AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WOSIDO PLATFORM.

1.2. User Representations and Warranties

All Users represent and warrant that:

• You are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts;
• You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
• You have read, understand, and agree to be bound by these Terms of Service, the Privacy Policy, and the Happiness Pledge applicable to the country where the Task is performed;
• You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or Wosido in connection with the Wosido Platform without the prior written consent of Wosido and/or the relevant User, as applicable;
• You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Task Performer or Customer as the case may be, and only utilize the third party payment service provider specified or approved by Wosido to make or receive payment for services provided through the Wosido Platform
• You will act professionally and responsibly in your interactions with other Users;
• You will use your real name or business name and an up-to-date photo on your profile;
• When using or accessing the Wosido Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
• You will not use the Wosido Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
• Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
• Other than as fully and promptly disclosed in writing to Wosido, you do not have any motivation, status, or interest that Wosido may reasonably wish to know about in connection with the Wosido Platform, including without limitation, if you are using or will or intend to use the Wosido Platform for any journalistic, academic, investigative, or unlawful purpose.

Task Performers additionally represent and warrant that:

• When using the Wosido Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
• You are customarily engaged in an independently established business of the same nature as the services performed for Customers through the Wosido Platform, and maintain an independent Customerele;
• You have the unrestricted right to work in the jurisdiction in which you will be performing Tasks;
• If the Task is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
• You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks
• You have any and all insurance required to operate your business and provide your services;
• You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Task(s) as agreed upon with your Customer; and providing timely, high-quality services to your Customers;
• You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.

2. Contract between Customers and Task Performers

You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when an application of the task performer is accepted by the customer. Wosido is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Wosido and the Task Performer, nor will it create an employment relationship between the Customer and the Task Performer. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Wosido. Wosido’s role, beyond enabling connections between Customers and Task Performers via it’s web-based communications platform, is to act as a limited payment collection agent for the Task Performer to facilitate payment for Tasks on behalf of the Task Performer through the Wosido Platform. In acting as the limited payment collection agent for Tasks on the Wosido Platform, Wosido disclaims any other agency or authority to act on behalf of the Task Performer, and assumes no liability or responsibility for any acts or omissions of the Task Performer, either within or outside of the Wosido Platform.

Where approved in advance by the Customer, the Task Performer is not obligated to personally perform the Task. Task Performers may engage assistants, helpers, subcontractors or other personnel (collectively “Task Performer Assistants”). The Task Performer assumes full and sole responsibility for the acts and omissions of such Task Performer Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Task Performer Assistants, if any, and for all required and applicable tax withholdings as to such Task Performer Assistants.

While using the Wosido Platform, Customers, in their sole discretion, determine whether they will be present or not when a Task is performed. Customers who elect not to be present when a Task is performed agree that if someone other than them books the Task on their behalf or is present when the Task is performed, they are appointing that person as their agent (“Customer’s Agent”) and the Task Performer may take and follow direction from the Customer’s Agent as if such direction was given from the Customer him or herself. If you are a Customer’s Agent and accessing and using the Wosido Platform on behalf of a Customer, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Customer assumes full and sole responsibility for the acts and omissions of Customer’s Agents. Customer’s Agents are deemed third parties for the purposes of the Happiness Pledge and are thereby excluded from it.

The Customer shall pay their Task Performer(s) in full for all Task services via the Wosido Platform as indicated on the Wosido Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Task.

3. Billing and Payment

Payment for Task services through the Wosido Platform is made directly from the Customer to the Task Performer via the Platfrom, and not by Wosido. Wosido is not obligated to compensate Task Performer for Customer’s failure to pay for services. Refunds for unsatisfactory execution will not be granted by the Wosido Platform.

The Task Payment, service charge, and platform fee must be paid through the Wosido Platform. Users of the Wosido Platform will be required to provide their payment method details to Wosido and the Payment Provider (Stripe).

Customers are responsible for confirming the completion of the task within 24 hours after completion. If no confirmation is received within this period, the order is automatically confirmed as completed.

After a binding contract has been concluded between the users, the agreed amount in Swiss francs is transferred to an escrow account operated by Stripe. After confirmation of the execution of the task, the amount, less a service charge of 15% Wosdio assesses, will be transferred to the Task Performer.

Customers may also be charged credit card processing fees equal to 3% of the aggregate expense

Task Performers will be required to set up an account with Stripe, which may require any or all of the following: registration with the, agreement with the terms of service of Stripe (the “Stripe Services Agreement”), and completion of a vetting process and/or account validation at the request of Stripe. By accepting these Terms of Service, each Task Performer agrees that they have downloaded or printed, and reviewed and agreed to, the Services Agreement of Stripe. Please note that Wosido is not a party to the Services Agreement between Stripe and the Users.

To help prevent fraud and safeguard User information from the risk of unauthorized access, Wosido and/or Stripe may validate an account before activation and prior to each booking. 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 the difference in credit card issuer requirements, this temporary charge may vary depending on the estimated value of the Task and expenses.

Customer may be charged a one-hour cancellation fee at the Task Performer’s hourly rate as well as the complete service charge of the complete task if you book) a Task, but cancel it before (or fail to appear upon) the scheduled time for performance.

Wosido reserves the right (but not the obligation) upon request from Customer or Task Performer, or upon notice of any potential fraud, unauthorized charges or other misuse of the Wosido Platform, to (i) place on hold any Task Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange LemonWay to do so.

Users of the Wosido Platform will be liable for any taxes (including VAT, if applicable in the country where the Task is performed) required to be paid on the Tasks provided under the Agreement.

4. Public Areas; Acceptable Use

The Wosido Platform may contain profiles, reviews, ratings, task postings, chat areas or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum.

The private mobile number of any user involved in the task is displayed to the other party. However, this should only be used in an emergency. Communication outside the Wosido platform will not be considered as evidence in case of disputes.

Without limitation, the Wosido Platform may not be used for any of the following purposes:

• To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Wosido staff;
• To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
• To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Wosido;
• To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Wosido or its Users’ computers;
• To advertise or offer to sell any goods or services for any commercial purpose through the Wosido Platform which are not relevant to the Task services;
• To conduct or forward surveys, contests, pyramid schemes, or chain letters;
• To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;

While using the Wosido Platform, you may not:

• Use the Wosido Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Task in violation of local, state, provincial, national, or international law;
• Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
• Post the same Task repeatedly (“Spamming”);
• Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Wosido Platform;
• Restrict or inhibit any other User from using and enjoying the Public Areas;
• Imply or state that any statements you make (whether on or off the Wosido Platform) are endorsed by Wosido, without the prior written consent of Wosido;
• Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Wosido Platform, or the electronic addresses or personal information of others, in any manner;
• Frame or utilize framing techniques to enclose the Wosido Platform or any portion thereof;
• Hack or interfere with the Wosido Platform, its servers or any connected networks;
• Adapt, alter, license, sublicense or translate the Wosido Platform for your own personal or commercial use;
• Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Wosido and Affiliates;
• Upload content to the Wosido Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
• Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
• Use the Wosido Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Wosido Platform as set forth herein;
• Use the Wosido Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
• Use the Wosido Platform or the Task services in violation of this Agreement;
• Use the Wosido Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Wosido’s trade secret information for public disclosure or other purposes;
• Attempt to circumvent the payments system or service charge or platform fee in any way including, but not limited to, making or processing payments outside of the Wosido Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
• Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
• Cause any third party to engage in the restricted activities above; or
• Use tools with the goal of masking your IP address (like the TOR network).

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Wosido will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

5. Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Wosido Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Wosido’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

6. Deactivation and Suspension

Wosido may suspend your right to use the Wosido Platform pending its investigation of a potential breach by you of this Agreement. Wosido may deactivate your account or limit your use of the Wosido Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). Wosido will provide you with written notice of its determination.

If Wosido suspends or deactivates your account or limits your use of the Wosido Platform pursuant to this Section, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the Wosido Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Wosido reserves the right to take appropriate legal action pursuant to the Agreement.

Wosido reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Wosido Platform at its sole discretion. Wosido will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Wosido shall not be liable to you for any modification or discontinuance of all or any portion of the Wosido Platform. Wosido has the right to restrict anyone from completing registration as a Task Performer if such person may threaten the safety and integrity of the Wosido Platform, or if such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Wosido Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Wosido Platform.

7. Account, Password and Security

You must register with Wosido and create an account to use the Wosido Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Wosido for accessing the Wosido Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Wosido has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify Wosido immediately.

You verify that any contact information provided to Wosido, our agents and affiliates and Users is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account.

8. User Generated Content

“User Generated Content” is defined as any information and materials you provide to Wosido, its corporate partners, or other Users in connection with your registration for and use of the Wosido Platform and participation in Wosido promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Wosido is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Wosido has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.

You hereby represent and warrant to Wosido that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Task is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Wosido or otherwise purport to act as a representative or agent of Wosido; and (i) will not create liability for Wosido or cause Wosido to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

The Wosido Platform hosts User Generated Content relating to reviews and ratings of specific Task Performers (“Feedback”). Feedback is such User’s opinion and not the opinion of Wosido, and has not been verified or approved by Wosido. You agree that Wosido is not responsible or liable for any Feedback or other User Generated Content. Wosido encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Wosido is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback.

9. Links to Third-Party Websites

The Wosido Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Wosido or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Wosido Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Wosido does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Wosido expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Wosido Platform. You hereby agree to hold Wosido harmless from any liability that may result from the use of links that may appear on the Wosido Platform.

10. Wosido Operates as an Online Marketplace

Wosido operates as an online marketplace that connects Customers with service providers (Task Performers) who wish to perform a variety of Tasks. Wosido does not perform Tasks and does not employ people to perform Tasks. Task Performers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Customers through the Wosido Platform. Wosido does not control or direct the Task Performers’ performance of their services or set their work locations or work hours. Task Performers provide services under their own name or business name, and not under Wosido’s name. Task Performers provide their own tools and supplies to perform their services; Wosido does not provide the tools or supplies. Task Performers are free to maintain a Customerele without any restrictions from Wosido and are free to offer and provide their services elsewhere, including through competing platforms. Wosido does not set Task Performers’ hours or terms of work. Task Performers are free to apply or not to Customers Tasks. Customers are not penalized for rejecting applications. Customer set their own rates for the requested services performance in the Wosido general marketplace. However, a region-dependent minimum hourly wage is specified by Wosido.

The Wosido Platform is not an employment agency service or business and Wosido is not an employer of any User. Task Performers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Tasks and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.

11. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Wosido designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the Wosido Platform is owned by Wosido, excluding User Generated Content, which Users hereby grant Wosido a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Wosido owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Wosido Platform without Wosido’s express prior written consent and, if applicable, the consent of the holder of the rights to the User

Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.

The service marks and trademarks of Wosido, including without limitation Wosido, Wosido for Good, and associated logos, are service marks owned by Wosido. Any other trademarks, service marks, logos and/or trade names appearing via the Wosido Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the

12. Disclaimer of Warranties

12.1. Use Of The Wosido Platform Is Entirely At Your Own Risk

THE TECHNOLOGY OF THE WOSIDO PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. WOSIDO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE WOSIDO PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE WOSIDO PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WOSIDO PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

Wosido does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Wosido Platform or any hyperlinked website or featured in any banner or other advertising, and Wosido will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Wosido and Affiliates do not warrant that access to the Wosido Platform will be uninterrupted or that the Wosido Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Wosido Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Task, service, information or materials provided through or in connection with the use of the Wosido Platform. Wosido and Affiliates are not responsible for the conduct, whether online or offline, of any User. Wosido and Affiliates do not warrant that the Wosido Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Wosido and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.

Notwithstanding any feature a Customer may use to expedite Wosido selection, each Customer is responsible for determining the Task and selecting their Task Performer and Wosido does not warrant any goods or services purchased by a Customer and does not recommend any particular Task Performer. Wosido does not provide any warranties or guarantees regarding any Task Performer’s ability, professional accreditation, registration or license.

12.2. No Liability

You acknowledge and agree that Wosido is only willing to provide the Wosido Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Wosido and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Wosido Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Wosido and Affiliates, and any destruction of your User Generated Content.

UNDER NO CIRCUMSTANCES WILL WOSIDO AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE WOSIDO AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY WOSIDO, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WOSIDO PLATFORM OR THE TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

WOSIDO AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS WOSIDO PLATFORM. WOSIDO AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE WOSIDO PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT WOSIDO AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO WOSIDO (IF YOU ARE A CUSTOMER) OR TOTAL TASK PAYMENTS PAID TO YOU BY CUSTOMERS (IF YOU ARE A TASK PERFORMER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

13. Indemnification

You hereby agree to indemnify, defend, and hold harmless Wosido and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Wosido Platform; (ii) your participation in Tasks, or your ability or inability to perform or obtain the performance of Tasks or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Wosido Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Customer, the acts or omissions of any Customer’s Agents. Wosido reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Wosido.

14. Changes to this Agreement and the Wosido Platform

Wosido reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy, and Happiness Pledge) and review, improve, modify or discontinue, temporarily or permanently, the Wosido Platform or any content or information through the Wosido Platform at any time, effective with or without prior notice and without any liability to Wosido. Wosido will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using, the Wosido Platform. Your continued use of the Wosido Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.

15. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email, push notification or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. Consent to Electronic Signatures

By using the Wosido Platform, you agree to transact electronically through the Wosido Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

17. Acknowledgement and Consent

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY AND HAPPINESS PLEDGE, AND AGREE THAT MY USE OF THE WOSIDO PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS.