Last Updated Date: July 13, 2026
Day Task
SERVICE TERMS AND CONDITIONS
ACCEPTING THIS AGREEMENT.
These Service Terms and Conditions (“Terms”), together with the Privacy Policy and any other operating rules, policies, terms, or guidelines that we post on the Services (collectively, “Supplemental Terms,” as may be updated from time to time), form a legally binding agreement (collectively, the “Agreement”) between you (“You” or “you”) and Day Task LLC (“Day Task,” “we,” “our,” or “us”) governing your use of the Services.
PLEASE NOTE THAT SECTION 14 (DISPUTE RESOLUTION) OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT, JURY WAIVER, AN ARBITRATION OPT-OUT PROVISION, AND A CLASS ACTION WAIVER. BY AGREEING TO THIS AGREEMENT, YOU AND DAY TASK AGREE TO SUBMIT ANY DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, SUBJECT TO THE OPT-OUT PROVISION IN SECTION 14 (DISPUTE RESOLUTION).
BY ACCESSING OR USING THE SERVICES, CLICKING ON THE “I ACCEPT” OR SIMILAR BUTTON, OR COMPLETING THE ACCOUNT REGISTRATION PROCESS, YOU REPRESENT THAT: (a) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (b) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (c) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.
SERVICES.
Scope of Services. Day Task operates a platform that connects you with an independent provider of short-term personal assistance and errand services (a “Day Tasker”) in the geographic areas identified on the Site. We act only as a referral and coordination service and do not ourselves perform the services provided by Day Taskers. You may access the Services via the Site, as further detailed below: (a) the Administrative Services, which are provided by us, and (b) the Day Tasker Services, which are provided by independent third-party Day Taskers and not by us (collectively, the “Day Task Services”). Day Taskers accept tasks at their own discretion, and we do not guarantee that any task you request will be accepted, performed, or completed.
Administrative Services. After collecting the necessary information from you via the Site, we will pair you with a Day Tasker based on your requested task and geographic location and assist in coordinating appointments (“Administrative Services”).
Day Tasker Services. The Day Taskers can provide certain personal assistant services as identified on the Site at the address you designate during booking (“Day Tasker Services”). You are responsible for supplying the necessary equipment and supplies needed for the Day Tasker Services, including any cleaning supplies, forms of payment, vital information for pick-ups and drop-offs, and supplies for certain assigned duties. You are solely responsible for providing a safe environment and property access for Day Tasker Services. Your appointment may be declined, postponed, or concluded if conditions present a safety risk or if property access is not timely provided. Prohibited tasks are outlined on our Site.
Day Tasker Relationship. Day Task is a referral and coordination service, not a provider of the Day Tasker Services and not an employer, agent, partner, or joint venturer of any Day Tasker. Each Day Tasker is an independent professional who is solely responsible for the services they provide and who accepts or declines tasks at their own discretion. We do not perform the Day Tasker Services, supervise, direct, scope, control, or monitor the Day Taskers or their work (including work locations, hours, or manner of performance), provide the tools, supplies, or equipment used to perform tasks, or have any control over the quality, timing, legality, or completion of any task. Any agreement for the performance of Day Tasker Services is solely between you and the Day Tasker. We are not a party to such agreement and have no responsibility or liability for it. We make no representations or warranties about any Day Tasker’s training, skill, or qualifications and are not responsible for their advice, availability, acts, or omissions. You may request a different Day Tasker, and we will use commercially reasonable efforts to help you find one, subject to availability. We do not guarantee the availability of any particular Day Tasker, and a Day Tasker may become unavailable for your task, which will not affect your payment obligations for services performed.
Electronic Communications Consent. By providing your email address and phone number, you consent to receive transactional and service-related messages from us (including appointment confirmations, reminders, and arrival notifications). We may also send promotional emails, from which you can unsubscribe using the unsubscribe link in the message.
YOUR ACCOUNT.
Creating Your Account. To access certain features of the Services, you must create an account. By creating an account, you represent and warrant that you are at least eighteen (18) years old. You must (i) provide true, accurate, current, and complete information (“Registration Data”), and (ii) promptly update the Registration Data to maintain its accuracy. You must not create an account or use the Services if you have been previously removed or suspended, are using a false identity, or are acting on behalf of someone other than yourself. We may suspend or terminate your account and refuse any current or future use of the Services if you provide false or inaccurate data. You have no ownership or property interest in your account. You are solely responsible for all account activity. Accounts are limited to one (1) per person, non-transferable, and may not be shared. You must notify us immediately of any unauthorized use or security breach. We may remove or reclaim usernames at any time for any reason.
Booking Platform. To schedule your appointment with a Day Tasker, you will be redirected to a third-party booking and scheduling platform operated by StormSource, LLC d/b/a DaySmart Appointments (the “Booking Platform”) by clicking the appropriate option on the Site. Your use of the Booking Platform, and the provider’s processing of the information you enter, are governed by the provider’s own terms and privacy policy, and you are responsible for the accuracy and legality of that information. You acknowledge that your information is processed and stored by the provider and that neither the provider nor Day Task is responsible for any loss of that information. You acknowledge that the Booking Platform is a general scheduling tool that is not designed or intended to receive sensitive information.
Your Device Functionality. You are responsible for obtaining and maintaining the device, software, operating system, carrier, and network access necessary to use the Services. We do not guarantee compatibility with any particular device, software, operating system, carrier, or network. We have no liability for errors resulting from rooted, jailbroken, or non-conforming devices.
Your Consent to Our Privacy Practices. The Privacy Policy explains, among other topics, how we treat information that you provide us through the Services. By accessing the Services, you consent to our privacy practices as set out in our Privacy Policy, which is available at https://www.daytaskla.com/.
FEES AND PAYMENT.
Fees. You shall pay us the fees identified on the Site via the Booking Platform (collectively, the “Fees”). Unless otherwise provided, all Fees are stated and payable in U.S. dollars. The portion of the Fees attributable to Day Tasker Services is not retained by us and is remitted to the applicable Day Tasker for the services performed; the portion we retain is for the fair market value of the Administrative Services we provide.
Discounts; Pricing Modifications. We may periodically offer discounts or pricing incentives for our Services, as described on the Site. All such discounts are subject to change or discontinuation at our sole discretion, and their terms will be stated at the time you purchase the applicable Service. We also reserve the right to modify or implement new pricing, including changes to Fees, Other Fees, or any discounts, and we will notify you if a change in pricing takes place during the Term.
Payment. Payment of the Fees may be made through a third-party payment processor (“Payment Processor”), and your payment of the Fees will be subject to the terms of the Payment Processor. We will charge any fees associated with your account to your credit or debit card on file in accordance with these Terms, and invoices or receipts for payments will be emailed to you. You represent and warrant that (a) the credit or debit card information you provide is true, correct, and complete, and (b) you are the person in whose name the card was issued or are otherwise authorized to make a purchase with it.
Waiver of Claims and Unauthorized Payments. You waive all claims against us and our third-party affiliates, including our Payment Processor, relating to unauthorized payments made through your account that are outside our control. You may submit a claim regarding an unauthorized payment, and if appropriate, we will assist in correcting it, provided the claim is received within thirty (30) days of the disputed charge.
Day Tasker Service Purchases. You authorize any purchases necessary for the performance of a Day Tasker Service that require payment to be completed. You must reimburse us for all such purchases and any related service fees within three (3) days after the expense is incurred.
Other Fees; Cancellations; No Refunds. You agree to pay all other fees and charges associated with your account, including no-show, late-cancellation, rescheduling, rush booking, and holiday fees, and any service-related reimbursements described on the Site (collectively, “Other Fees”), at the rates disclosed at booking or posted on the Site, and you authorize us to charge your payment method on file. A cancellation or no-show fee equal to the scheduled task amount may apply if you cancel within one (1) hour of the scheduled task time or are unavailable or unresponsive at the scheduled time, as further described on the Site. We may suspend or terminate your access for repeated cancellations, including two or more within any sixty (60) day period. We may waive or refund Other Fees at our sole discretion. Except as required by law or as stated in our posted refund policy, all fees are non-refundable.
CONTENT. You are solely responsible for any content you submit, upload, post, or otherwise make available through the Services (“Your Content”). When you Share Your Content, you represent that you own or have sufficient rights to do so, including to grant the license in Section 6.2 (Your Grant of License), and you are solely liable for any harm resulting from Your Content, including infringement of intellectual property or proprietary rights or violation of contract, privacy, or publicity rights. You must not Share any content that: (a) is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of privacy, tortious, obscene, offensive, or profane; (b) infringes or misappropriates any third party’s intellectual property or proprietary rights; (c) contains viruses or other malicious code; (d) contains Personal Information (as defined in the Privacy Policy); or (e) exploits or harms minors. We may remove or block any of Your Content in our sole discretion, including content that violates applicable laws or this Agreement, threatens the safety, security, or integrity of the Services or any third party, or must be removed to respond to law enforcement or governmental requests. We are not responsible or liable for any loss of or inaccuracy in Content, any failure to store, transmit, or receive Content, or the security or privacy of communications involving the Services. Processing of Content may involve errors, delays, and losses, so you are responsible for mitigating these risks (including by backing up data and verifying results) and for complying with all laws governing your use and disclosure of data. Transmissions over the internet and mobile networks are not entirely secure and may be intercepted, so if you send or receive sensitive information by text or email, you do so at your own risk.
LICENSE GRANT AND OWNERSHIP.
Our Grant of License. Subject to your compliance with the Agreement, we grant you a limited, royalty-free, worldwide, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms for your personal use. You will not copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display or perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted. No other rights are granted by implication, and any unauthorized use automatically terminates this license.
Your Grant of License. You hereby grant to us a worldwide, non-exclusive, royalty-free, transferable, sublicensable, irrevocable, perpetual right and license to use, reproduce, perform, display, distribute, store, adapt, translate, modify, process, and create derivative works of all of Your Content, in whole or in part, for the purposes of (a) providing and operating the Services, performing support, and performing additional Services; and (b) improving the Services.
Testimonials and User-Generated Content. If you provide us with reviews, testimonials, or other user-generated content (whether on the Site, on our social media channels, or otherwise) regarding your use of the Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, sublicensable license to use, reproduce, publish, display, and distribute such content for our marketing and operational purposes. You represent that you have all necessary rights and consents to grant this license.
Feedback. You hereby grant us a royalty-free, worldwide, irrevocable, perpetual license to use or incorporate into the Services, without restriction, any and all suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you relating to any of the Services (“Feedback”).
Usage Data. As between us and you, all data analytics, technical logs, learnings, and data generated from your use of the Services (“Usage Data”) are our sole and exclusive property. We will not disclose Usage Data externally unless it is (a) de-identified so that it does not identify you; and (b) aggregated with data across other Users.
Ownership. Except for the limited license granted to us under Section 6.2 (Your Grant of License), you solely own and retain all right, title, and interest in Your Content, and you remain responsible for Your Content, including its legality, reliability, and appropriateness. Except for the limited license granted to you under Section 6.1 (Our Grant of License), as between us and you, we solely own and retain all right, title, and interest in and to the Services and all content, features, and functionality (including all information, software, text, displays, images, videos, audio, design, and their selection and arrangement), Usage Data, Feedback, and our marks, including all associated intellectual property rights.
Trademarks. The Day Task name, logo, trademarks, stylizations, graphics, service marks, and trade names used on or with the Services are our trademarks and may not be used without our express written permission. Other trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners. You may not use our name or any language, pictures, or symbols that could, in our judgment, imply our endorsement in any (a) written or oral advertising or presentation, or (b) brochure, newsletter, or other written material of whatever nature, without our prior express written consent.
ACCEPTABLE USE AND MONITORING.
Conduct and Restrictions. You must comply with all applicable laws in your use of the Services. You will not, and will not permit any third party to: (a) misuse the Services or any account, including by allowing unauthorized access, creating more than one account, or using false identity information; (b) harass, threaten, abuse, defame, discriminate against, or otherwise harm any person, including Day Taskers, our staff, or other Users; (c) violate any law, third-party right, agreement, policy, or privacy right, including by collecting personal information without authorization; (d) transmit spam, malware, or other harmful code, or interfere with, test, bypass, or disrupt the Services; (e) copy, modify, reverse engineer, frame, mirror, resell, sublicense, or otherwise commercially exploit the Services or use them to build a competing service; (f) solicit, arrange, or pay for Day Tasker Services outside the Services, or otherwise circumvent the Services to engage a Day Tasker directly; (g) record any Day Tasker, task, or interaction without the prior consent of Day Task and the Day Tasker; or (h) access the Services except through interfaces we provide.
Monitoring. We may, but are not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Services or Content at any time. You consent to such monitoring and have no expectation of privacy in the Content you Share. To the extent permitted by law, we may, in our sole discretion: (a) remove or refuse to process any of Your Content, including if we believe it violates this Agreement, infringes a third party’s rights, threatens the safety of Users or the public, or could create liability for us; (b) disclose your identity or other information to any third party claiming that your material violates their rights; (c) disclose any Content to comply with law or legal process, enforce the Agreement, respond to claims or your support requests, or protect the rights, property, or safety of us, our Users, or the public, including with law enforcement; and (d) terminate or suspend your access to all or part of the Services for any reason. We may take any of these actions immediately and without prior notice.
THIRD-PARTY SERVICES. The Services use, connect with, or link to third-party websites, apps, products, services, and advertisements, including the Payment Processor and the Booking Platform (collectively, “Third-Party Services”). We have no control over Third-Party Services and do not assume responsibility or liability for them, and access to certain Third-Party Services may be necessary to use certain features. Your use of any Third-Party Service is subject to that third party’s then-current terms, policies, and applicable laws, and the restrictions in Section 7.1 (Conduct and Restrictions) apply. You are responsible for the accuracy and legality of any data you enter into any Third-Party Service, and neither the third party nor Day Task is responsible for any loss of that data. WE DO NOT OWN THIRD-PARTY SERVICES AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THEIR CONTENT, MATERIALS, AND PRIVACY PRACTICES. WE DO NOT ENDORSE THEM OR WARRANT THAT THEY ARE FREE OF VIRUSES OR HARMFUL CODE. EACH THIRD-PARTY SERVICE’S OWN TERMS AND PRIVACY POLICY GOVERN YOUR USE OF IT, AND YOU USE IT AT YOUR OWN RISK.
INDEMNIFICATION; DEFENSE. You will indemnify, defend, and hold harmless us and our affiliates, subsidiaries, members, shareholders, officers, directors, employees, licensors, contractors, agents, and representatives (the “Day Task Parties”) from and against any and all claims, actions, proceedings, losses, liabilities, damages, penalties, liens, fees (including reasonable attorneys’ fees, expert fees, and costs of investigation), and other costs and expenses (collectively, “Losses”) arising out of or relating to any third-party claim based on: (a) Your Content; (b) your use of or inability to use the Services; (c) your violation of this Agreement; (d) your violation of any third-party rights, including intellectual property or proprietary rights; (e) your violation of any applicable law; (f) your use or misuse of any Third-Party Service, including the Booking Platform, or your breach of any Third-Party Service’s terms; or (g) your willful, grossly negligent, tortious, or criminal acts or omissions. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. The applicable Day Task Party will provide you with written notice of any claim for which it seeks indemnification under this Section 9 (Indemnification; Defense).
WARRANTIES.
Your Representations and Warranties. You represent and warrant to us that (a) Your Content does not infringe, violate, or misappropriate the intellectual property rights or proprietary rights of any third-party; (b) you have provided true and accurate information and will maintain the accuracy of such information; (c) you are located in the geographic area indicated in the address you provided during the registration process; (d) you will comply with all applicable laws, rules, and regulations; and (e) you satisfy and will continue to satisfy all eligibility requirements to use the Services, as such requirements may be revised or updated.
Disclaimer. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, ERRORS, BUGS, AND DEFECTS. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES OR ANY PORTION THEREOF. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (II) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) ANY WARRANTY THAT THE SERVICES WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, TIMELY, OR WILL MEET YOUR REQUIREMENTS OR CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY. WE DISCLAIM ANY AND ALL LIABILITY TO USERS ARISING OUT OF OR RELATING TO (A) THE RELATIONSHIP BETWEEN USER AND ANY THIRD-PARTY CONTACTING USER THROUGH THE SERVICES, (B) ANY THIRD-PARTY SERVICE, (C) THE PAYMENT PROCESSOR, (D) THE BOOKING PLATFORM, AND (E) YOUR CONTENT. ALL INFORMATION PROVIDED BY US IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. WHILE WE FACILITATE YOUR SELECTION OF, COMMUNICATIONS WITH, AND OTHER INTERACTIONS WITH DAY TASKERS, WE DO NOT PROVIDE THEIR SERVICES AND THE RELATIONSHIP REGARDING SUCH SERVICES IS BETWEEN YOU AND THE DAY TASKER. WE SHALL NOT BE LIABLE FOR ANY INFORMATION OBTAINED ON THE SITE OR PROVIDED BY DAY TASKERS. WE DO NOT ENDORSE ANY DAY TASKER, AND ANY BACKGROUND CHECK OR OTHER SCREENING WE CONDUCT INDICATES ONLY THAT THE DAY TASKER COMPLETED OUR REVIEW PROCESS AND IS NOT A REPRESENTATION, ENDORSEMENT, OR GUARANTEE OF ANY DAY TASKER’S SKILLS, QUALIFICATIONS, TRUSTWORTHINESS, OR SUITABILITY. WE SHALL NOT BE LIABLE FOR NEGLIGENT CREDENTIALING OR FOR THE NEGLIGENCE OF ANY DAY TASKER. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY DAY TASKER OR INFORMATION PROVIDED BY THEM IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED HEREWITH. SITE AND SERVICES CONTENT IS FOR INFORMATIONAL PURPOSES ONLY.
LIMITATION OF LIABILITY.
Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DAY TASK OR ANY PROVIDER OF THIRD-PARTY OFFERINGS VIA THE SITE BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, COMMON LAW, OR OTHER PROCEEDING OR ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), ATTORNEYS’ FEES AND COSTS, OR OTHERWISE, FOR DAMAGES, COSTS, OR EXPENSES OF ANY KIND WHICH, IN THE AGGREGATE, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO DAY TASK DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE RESULTING IN SUCH LIABILITY. FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS SET FORTH IN THIS SECTION 11 (LIMITATION OF LIABILITY) SHALL NOT APPLY TO YOUR OBLIGATION TO PAY FEES DUE UNDER THIS AGREEMENT, IF ANY, OR YOUR OBLIGATIONS UNDER ANY OTHER AGREEMENT BETWEEN YOU AND DAY TASK.
Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DAY TASK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS, EXPERT FEES, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL.
No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND OTHER THIRD PARTIES ON OR THROUGH THE SERVICES. THE DAY TASK PARTIES ARE NOT LIABLE FOR THE CONDUCT OF OTHER USERS OR OTHER THIRD PARTIES, INCLUDING OPERATORS OF THIRD-PARTY SERVICES. WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OR THIRD PARTIES. WE MAKE NO WARRANTY THAT THE SERVICES OR PRODUCTS PROVIDED BY OTHER USERS AND THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR REGARDING THE QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
Release. YOU RELEASE AND HOLD HARMLESS DAY TASK AND THIRD PARTIES FROM ALL CLAIMS YOU HAVE OR MAY HAVE AGAINST THEM INCLUDING FOR INFRINGEMENT, VIOLATION OF PRIVACY OR PUBLICITY RIGHTS, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, OR NEGLIGENCE ARISING FROM OR RELATING TO THE SERVICES, ANY PRODUCTS OFFERED THROUGH THE SERVICES, OR THE RIGHTS YOU GRANT UNDER THESE TERMS (INCLUDING THOSE RELATING TO YOUR CONTENT). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE ANY SIMILAR STATUTE OR COMMON LAW PRINCIPLE IN YOUR JURISDICTION. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND INTERACTIONS WITH OTHERS, AND YOU ALSO RELEASE DAY TASK (AND OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND AFFILIATES) FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND, KNOWN AND UNKNOWN, ARISING FROM OR CONNECTED WITH DISPUTES WITH OTHER USERS OR THIRD PARTIES.
CONFIDENTIALITY. We may disclose Confidential Information to you in connection with this Agreement or the Services. You will: (a) safeguard our Confidential Information from unauthorized use, access, disclosure, or processing using at least the same degree of care you use to protect your own confidential information, and no less than a commercially reasonable degree of care; (b) use the Confidential Information only as needed to use the Services; and (c) not disclose Confidential Information to any other person or entity. You are responsible for any breach caused by third parties who obtain Confidential Information through you and must promptly report any actual or suspected breach and take reasonable steps to remedy it. Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of your breach of the Agreement; (b) is obtained by you on a non-confidential basis from a third party that was not legally or contractually restricted from disclosing such information; or (c) you establish by documentary evidence was or is independently developed by you without using any of our Confidential Information. In addition to other relief, we may seek injunctive or other equitable relief for an actual or threatened breach of this Section.
TERM, TERMINATION, AND SUSPENSION.
Term. The Agreement is effective as of the date you first accept it in accordance with Section 1 and shall continue until you or we terminate your access to the Day Task Services (the “Term”).
Termination for Convenience. You may terminate this Agreement for any reason (or no reason) prior to the expiration of the Term upon notice to us, provided you have completely fulfilled your payment obligations under this Agreement. Terminating under this Section will not entitle you to a refund. We may terminate this Agreement at any time, without cause.
Account Deactivation. You may deactivate your account at any time by emailing us at info@daytaskla.com. Subject to applicable law and our retention policies, we may retain, delete, or destroy communications and materials (including Your Content), and we will have no further obligation to provide Services after deactivation. Full account deactivation will terminate all access to Day Task Services, subject to our retention policies and applicable law.
Suspension by Us. We may suspend or terminate your access to your account or any Services, with or without notice, if (a) you provide untrue, inaccurate, incomplete, or outdated information; (b) you breach this Agreement; (c) we reasonably believe such action is necessary to protect the security or integrity of the Services or data; or (d) your use risks harm to the Services, other Users, or others, or risks violation of law. We may also refuse Services or deactivate your account at our sole discretion, including where we suspect fraud or illegal activity (such as use of stolen payment information or falsified medical information). We may request additional information from you, and if you do not timely provide it, we may suspend or terminate your access until you do.
Modification, Suspension or Discontinuance of Services. We reserve the right to change, suspend, or discontinue any of the Services for you, and any or all Users, at any time, for any reason, including those laid out in our policies under the Agreement. We shall not be liable to you or any third party for any loss or damage that is caused by or arises from or in connection with any such changes, suspensions, or terminations.
Survival. All provisions of this Agreement that by their nature should survive termination will survive termination, including, but not limited to: license rights, ownership provisions, confidentiality, warranty disclaimers, indemnity, limitations of liability, dispute resolution, waiver of jury trial, arbitration, waiver of class and non-individual relief, and governing law, jurisdiction, and venue. Except where an exclusive remedy is provided, exercising a remedy under this Agreement, including termination, does not limit other remedies a party may have.
DISPUTE RESOLUTION.
Applicability of Dispute Resolution. You and we agree that any dispute, claim, or disagreement arising out of or relating to your access to or use of the Services, any communications you receive, or this Agreement (including prior versions and any dispute that arose before its effective date or arises after its termination) (each, a “Dispute”) will be resolved solely on an individual basis, and not on a class, representative, collective, or mass action basis, and without a jury. This Section 14 (Dispute Resolution) also applies to Disputes between you and any Day Tasker, who are intended third-party beneficiaries of this Section, and references to the “parties” include the Day Taskers where applicable.
Binding Arbitration. Any Dispute will be resolved by binding arbitration rather than in court, except that you may bring qualifying claims in small claims court. The Federal Arbitration Act governs this Agreement. The arbitration will be administered by the American Arbitration Association (“AAA”) before a single arbitrator under the AAA’s Rules of Arbitration, applying California Law; if AAA is unavailable, the parties will select an alternative provider. There is no judge or jury, and court review is limited, but the arbitrator may award the same individual relief a court could (including injunctive, declaratory, or statutory relief) and must follow this Agreement. To begin arbitration, send a letter requesting arbitration and describing your claim to us at: 11054 Ventura Blvd 2705, Studio City, CA 91604.
Arbitration Exceptions. Nothing in these Terms waives or limits either party’s right to: (a) bring an individual action in small claims court in the United States; (b) pursue an enforcement action through an available federal, state, or local agency; (c) seek injunctive relief in court in aid of arbitration; or (d) file a lawsuit to address an intellectual property infringement claim.
Opt-Out. You may opt out of this Section within thirty (30) days after you first agree to these Terms and begin using the Site (the “Opt-Out Date”) by sending a letter to the address in Section 15.4 (Notice) stating your full legal name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration (an “Opt-Out Notice”). Once we receive a timely Opt-Out Notice, this Section will be void as to you, and any Dispute will be resolved through individual litigation in the courts described in Section 15.7 (Governing Law and Venue). The remaining Terms are unaffected, and an Opt-Out Notice received after the Opt-Out Date is void.
Arbitration Location. If you reside in the United States, arbitration will take place in the county where you reside. Otherwise, arbitration will be initiated in Los Angeles County, unless the parties agree otherwise or the arbitrator selects another venue because Los Angeles County would be unreasonably burdensome. For any arbitration conducted in Los Angeles County, the parties submit to the personal jurisdiction of any federal or state court in Los Angeles County to compel arbitration, stay proceedings, or confirm, modify, vacate, or enter judgment on an award; agree to accept service of process by U.S. mail; and waive any jurisdictional or venue defenses.
Informal Dispute Resolution. Before either party commences arbitration or litigation, the party initiating the Dispute must give the other party written notice (“Notice”), and the parties will then meet and confer by telephone or videoconference in a good faith effort to resolve the Dispute (“Conference”). Notice to us should be sent by email to [EMAIL] or by mail to the address in Section 15.4 (Notice), and must include: (i) your name, telephone number, mailing address, and account email (if any); (ii) your counsel’s contact information, if any; and (iii) a description of your Dispute. If you are represented by counsel, your counsel may participate, but you must also participate personally. The Conference must be individualized and held within sixty (60) days after Notice is received, unless extended by mutual agreement. Engaging in the Conference is a condition precedent to commencing arbitration or litigation, and the statute of limitations and filing deadlines are tolled during the process.
Waiver of Jury Trial. YOU AND DAY TASK HEREBY VOLUNTARILY, KNOWINGLY, AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY LAWSUIT, ACTION, OR PROCEEDING ARISING UNDER OR RELATING TO THE AGREEMENT. ALL DISPUTES SHALL BE DECIDED BY A JUDGE SITTING WITHOUT A JURY.
Waiver of Class and Other Non-Individualized Relief. YOU AND DAY TASK AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ACTION BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED, ARBITRATED, OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Injunctive Relief. Subject to this Agreement, the court or arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief, you and we agree that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the remaining claims and requests for relief. This section does not prevent you or us from participating in a class-wide settlement of claims.
Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs unless the court or arbitrator finds that either the substance of the Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or we need to invoke the authority of a court of competent jurisdiction to enforce this Section, then the party that obtains an order compelling compliance with this Section in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling compliance with this Section.
GENERAL PROVISIONS.
Electronic Communications. You consent to receive communications from us electronically, and you agree that all terms, conditions, agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. This does not affect your statutory rights, including under the Electronic Signatures in Global and National Commerce Act.
Assignment. You may not assign, subcontract, delegate, or transfer the Agreement or your rights hereunder without our prior written consent. We may freely assign this Agreement without your consent. Any attempted assignment in violation of the foregoing will be null and void.
Force Majeure. We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, flood, fire, loss of utilities, epidemic or pandemic, acts of terrorism, acts of any governmental or regulatory authority, changes in law, labor disruptions, and supply unavailability (each, a “Force Majeure Event”). A Force Majeure Event does not excuse your payment obligations.
Notice. You are responsible for providing and maintaining a valid, current email address where we require one. If the email address you provide is invalid or cannot deliver notices required by this Agreement, our dispatch of the email will nonetheless constitute effective notice. You may give notice to us at: 11054 Ventura Blvd 2705, Studio City, CA 91604. Such notice is deemed given when received by us by letter delivered via nationally recognized overnight delivery service or first-class prepaid mail at that address.
Questions, Complaints, Claims. If you have any questions, complaints, or claims with respect to the Services, please contact us by emailing info@daytaskla.com or dialing (818)-352-1839.
Agreement Updates. We may update this Agreement from time to time. When we do, we will post the updated Agreement on the Services and update the “Last Updated” date. For material changes, we will also email registered Users a copy at the email address on file. Unless stated otherwise, changes are effective immediately for Users without an account and thirty (30) days after posting for Users with an account, and we may require you to affirmatively accept the updated Agreement before further use. All changes apply prospectively. IF YOU DO NOT AGREE TO ANY CHANGE, YOU MUST STOP USING THE SERVICES.
Governing Law and Venue. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. EXCEPT FOR CLAIMS THAT MUST BE ARBITRATED PURSUANT TO SECTION 14 (DISPUTE RESOLUTION), ANY CLAIM OR DISPUTE ARISING IN CONNECTION WITH THE SERVICES SHALL BE DECIDED EXCLUSIVELY BY A COURT OF COMPETENT JURISDICTION LOCATED IN LOS ANGELES COUNTY. YOU CONSENT TO THE PERSONAL JURISDICTION OF AND VENUE IN SUCH COURTS, AGREE TO ACCEPT SERVICE OF PROCESS BY MAIL, AND WAIVE ANY AND ALL JURISDICTIONAL AND VENUE DEFENSES OTHERWISE AVAILABLE. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
Relationship to Privacy Policy and Other Contracts; Entire Agreement. The Privacy Policy and any Supplemental Terms are part of the Agreement as set forth in Section 1 (Accepting this Agreement). To the extent these Terms conflict with the Privacy Policy, the Privacy Policy shall control. To the extent these Terms conflict with any Supplemental Terms or other specific agreement between you and us, such Supplemental Terms or specific agreement shall control. Subject to the foregoing, this Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. We provide the Site for use only by persons located in the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Waiver; Severability; Section Headings. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law and other applicable laws. The Services may not be exported or re-exported into any U.S.-embargoed country or to anyone on the U.S. Treasury Department’s Specially Designated Nationals list or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Services, you represent that you are not located in a U.S.-embargoed or “terrorist supporting” country and are not on any U.S. Government list of prohibited or restricted parties, and you will not use the Services for any purpose prohibited by U.S. law.
Third-Party Beneficiaries. Except as expressly set forth in this Agreement, there are no third-party beneficiaries to this Agreement. Notwithstanding the foregoing, the Day Taskers are intended third-party beneficiaries of Sections 10 (Warranties), 11 (Limitation of Liability), and 14 (Dispute Resolution) of this Agreement and shall have the right to enforce such provisions directly against you.
DEFINITIONS. The following capitalized terms have the meanings set forth below. Additional defined terms are set forth in context within the Agreement.
“Agreement” has the meaning given in Section 1 (Accepting this Agreement).
“Confidential Information” means all information disclosed by us or made available to you through the use of or access to the Services, whether tangible or intangible and in whatever form or medium provided.
“Content” means content featured or displayed through the Services, including documents, information, emails, data, text, artwork, audio, images, photographs, graphics, video, messages, tags, materials, and other items.
“Privacy Policy” means our privacy policy found at https://www.daytaskla.com/ , as may be updated by us from time to time in our sole discretion.
“Services” means the Site, the Day Task Services (including the Administrative Services and the Day Tasker Services), and any other tools or features enabled or made available by us.
“Share” (and its derivatives) means uploading, sharing, posting, emailing, transmitting, querying, commenting, or otherwise making available through or to the Services.
“Site” means the Day Task website found at daytaskla.com.
“Users” means individuals who have visited or are using the Services.