Additional Terms of Use for Customers

Effective: December 26th 2023

If you are interested in hiring someone for skills or services posted on the Platform, please review these Additional Terms of Use for Customers in addition to the general Terms of Use (which define terms used below) posted here. By reviewing service postings or hiring a Service Provider to perform a service through the Platform, you also accept and agree to be bound and abide by these Additional Terms of Use for Customers. If you do not agree to these Additional Terms of Use for Customers, do not browse services or hire Service Providers to perform services on the Platform.

Account

Users may view services listed on the Platform (“Services”) without an account. However, in order to hire a Service Provider to perform a Service on the Platform, a user must create an account on the Platform by entering a valid email address, the user’s full legal name (first and last), phone number, and password, or by logging in to the Platform using their Facebook or Google login information. We recommend also adding additional optional information about yourself to personalize your profile.

All accounts are publicly available to anyone using the Platform, whether or not they are registered. Further, you understand that by uploading any content to the Platform you are granting the Company a license to use the content in accordance with the Terms of Use, warrant that you have the necessary rights to display the content, and understand that you are responsible for any third-party infringement claims.

By creating an account on the Platform, you consent to being contacted by the Company and/or any user for any and all purposes related to the Platform through the messaging service on the Platform. Other users will be able to view the public information on your account, but will not be able to view your contact information, including email address, phone number, or address, unless you provide it to them. If you receive any communications from a user that are unrelated to the Services, please contact the Company and appropriate action will be taken at the discretion of the Company.

You may terminate your account at any time using the Delete Account feature on the Platform or emailing legal@plural.com. Removal of your information from the Platform is governed by our Privacy Policy.

Hiring a Service Provider

You may browse the Platform by type of Service or location, the social connections and skills of other users, and, if you grant us access to your Facebook account, you may also filter search results based on your social network. Once you find a Service Provider that you would like to work with, you can either message the Service Provider to find out more about his or her Services or purchase the offered Services through the Platform. All questions about Services listed on the Platform should be directed to the Service Provider, as the Company does not sponsor, verify, endorse, or otherwise have any knowledge about specific Services or Service Providers that are on the Platform, and cannot speak to or provide any warranty as to the quality, accuracy, legality, or other features of any information listed on the Platform.

If the Service that you are interested in may be performed at any time, you should work with the Service Provider directly for scheduling. The Company does not control or have any involvement in scheduling the Services.

You should verify all details needed before purchasing any Service, and by using the Platform you agree and understand that the Company does not perform background checks or otherwise verify any Service Provider, or its employees, contractors, or other affiliates.

Licensed Services

The Company does not verify the licenses, permits, or qualifications of any user, so please use your due diligence and contact the Service Provider with any questions and concerns, especially if licensed services are being offered.

The Company is not a medical or wellness provider and cannot recommend or refer you to any medical or wellness provider. Any information found on the Platform is not intended to be a substitute for professional or medical advice, diagnosis, or treatment. If you post health-related information on the Platform about yourself or others, you are placing it into the public domain, which may violate federal or state laws that protect the privacy of health information. The Company is not responsible for the confidentiality of health information if you post it to the Platform or otherwise make it available to others. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately.

Fees and Payment

Payment processing services on the 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 of Use or using the Platform to pay for a Service, 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 this Platform enabling payment processing services through Stripe, you agree to provide the Platform accurate and complete information about you and your business, and you authorize the Platform to share it and transaction information related to your use of the payment processing services provided by Stripe.

The Company reserves the right to charge an additional 0% and 10% of the purchase price paid by the Customer as a service fee.

The Company reserves the right to modify its fee structure at any time and without advanced notice. Temporary or permanent modifications are effective as soon as they are published on the Platform and are applicable to all subsequent transactions. In the case of temporary modifications, the duration of the changes will be clearly indicated on the Platform.

Cancellations and Refunds

The Service Provider is responsible for personally providing any Service he or she posts on the Platform. If you need to cancel, you must contact the Service Provider who is providing the Service prior to the Service Provider’s completion of the Service to attempt to reschedule the Services. If you are able to mutually agree to reschedule or extend the Services, the purchase price and Service Fee will not be refunded. If you are not able to reschedule or extend the Services, or do not complete the Service, the Service Provider has the right to either refund or not refund you the purchase price. Service Fees are not refundable. If the Service Provider does do not complete the Service, the Service Provider is responsible to refund the customer’s payment in full.

Intellectual Property Rights and Ownership

Upon the Service Provider’s receipt of full payment from the customer, any work product produced by the Service Provider for the customer as part of the Services (“Work Product”), including without limitation all intellectual property rights in the Work Product, will be the sole and exclusive property of the customer. If the Service Provider and customer wish to come to another agreement regarding the intellectual property rights in the Work Product produced as part of the Services, they are solely responsible for entering into a separate agreement to govern such rights. Except as set forth above, the Service Provider retains no rights to use, and will not challenge the validity of customer’s ownership in, such intellectual property or other ownership rights in the Work Product. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered.

The Company recommends that all Service Providers enter into a separate agreement with customers regarding intellectual property and other rights to the Work Product to ensure that all ownership and use rights are clearly delineated for the specific type of Work Product being produced. In the event of a conflict between these Terms of Use and a separate agreement between the Service Provider and the customer related to intellectual property or other ownership rights, the separate agreement shall control.

Independent Contractor

All users acknowledge that the Company does not supervise, direct, or control any Service Provider’s work in any way. The Company does not decide whether services providers post their Services, agree to provide Services to another user, how they perform the Services, hours worked, location of work, or any other aspect of the Service Providers’ work. The Company only provides a passive platform to connect Service Providers and customers, and exercises no control over its users’ work. Service Providers also are not employees of any customer on the Platform, even if the customer purchases Services from the Service Provider.

The Services are not an employment service and the Company does not serve as an employer of any user. As such, the Company 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 the Platform. All Service Providers are independent contractors who are responsible for paying all necessary taxes on any money made as a result of the Services.

You agree to indemnify, hold harmless, and defend the Company from any and all claims that a Service Provider was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency, or other body that a Service Provider was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that the Company 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.

Confidentiality

To the extent a customer or Service Provider provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Service Providers Services (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by Service Provider); and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Service Provider Services. A disclosure of information will be immune from prosecution or civil action under the Defend Trade Secrets Act, 18 U.S.C. section 1832, if it: (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

If and when Confidential Information is no longer needed for the performance of the Service Providers Services for a Services contract or at customer’s or Service Provider’s written request (which may be made at any time at customer’s or Service Provider’s sole discretion), the party that received Confidential Information, will, at its expense, promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. The party that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing party’s written request for such certification.

Without limiting this agreements Confidentiality section, customer, Service Provider, and the Platform will not publish, or cause to be published, any other party’s Confidential Information or Work Product, except as may be necessary for performance of Service Providers Services for the Services.

Disclaimer

YOU UNDERSTAND THAT THE COMPANY DOES NOT SCREEN, VERIFY, OR PERFORM BACKGROUND CHECKS ON ANY USERS OF THE PLATFORM, AND THEREFORE YOUR USE OF THE PLATFORM TO BROWSE, PURCHASE, AND ATTEND SERVICES IS VOLUNTARY AND AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR DETERMINING THE IDENTITY AND SUITABILITY OF USERS WHO YOU MAKE CONTACT WITH VIA THE PLATFORM. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR HARM RESULTING FROM YOUR INTERACTIONS WITH OTHER USERS. THE COMPANY SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR COMMUNICATIONS, RELATIONSHIPS, OR PARTICIPATION WITH OTHER USERS, WHETHER OR NOT THEY ARE CONNECTED TO THE COMPANY AND/OR THE PLATFORM.

IF YOU FEEL UNSAFE OR HAVE AN EMERGENCY SITUATION WHILE PERFORMING OR OTHERWISE CONNECTED TO A SERVICE, CONTACT LOCAL EMERGENCY SERVICES (DIAL 911) IMMEDIATELY. DO NOT EVER CONTACT THE COMPANY IN AN EMERGENCY SITUATION.

Feedback and Reviews

The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you or other users may send to the Company (“Feedback”), including responses to questionnaires or through postings to the Platform, without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the Platform. Furthermore, by posting any Feedback on the Platform, submitting Feedback to the Company, or in responding to questionnaires, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license, including the right to sublicense such right, and right to display, use, reproduce, or modify the Feedback submitted in any media of any kind now existing or developed in the future.

The Company may delete reviews with false or inaccurate information, or reviews that violate any of our terms of use, at any time and at the sole discretion of the Company.

If you have any questions, please contact legal@plural.com.