These Jobnur Global Terms of Service (the “Terms of Service” or the “Terms”) constitute a legally binding agreement between the User (defined below) of the Platform (defined below) (“you” or “your”) and Jobnur, Inc. (together with its Affiliates (defined below), “Jobnur”, “we”, “us” or “our”) governing your use of Jobnur’s United States websites (including www.jobnur.com) (together, the “Sites”), mobile applications (together, the “Apps”), and related services, information, and communications available in the United States (collectively referred to herein as the “Platform” or the “Jobnur Platform”).

The use of all personal data you submit to the Platform or which we collect about you is governed by our Global Privacy Policy (“Privacy Policy”).

These Terms, together with the Privacy Policy, govern your access to and use of the Platform. The Agreement also includes all other supplemental policies and terms referenced and/or linked to within these Terms or which are otherwise made available to you, all of which also apply to your use of the Platform and are incorporated into the Agreement by reference.

FOR U.S. AND CANADIAN USERS, THE ARBITRATION AGREEMENT BELOW CONTAINS IMPORTANT TERMS REGARDING DISPUTE RESOLUTION     . THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST JOBNUR TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR ACCESSING AND USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY (WITHOUT LIMITATION OR QUALIFICATION) THE AGREEMENT (INCLUDING ALL TERMS INCORPORATED HEREIN BY REFERENCE).

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

1. The Platform. A. Online Marketplace. The Platform is an online web- and app-based two-sided marketplace that enables connections between Clients and Service Providers. “Client(s)” are individuals and/or businesses seeking to obtain short-term services (“Task(s)”), and “Service Provider(s)” are businesses seeking to perform Tasks for Clients. Clients and Service Providers are referred to herein together as “User(s)”.

Service Providers are independent business owners, providing services under their own name or business name (and not under Jobnur’s name), using their own tools and supplies. Service Providers choose the applicable rates for Tasks. While Jobnur does not determine these rates, Service Providers acknowledge that Jobnur charges platform fees in accordance with the Platform Fee Schedule, which shall be deducted from the total amount paid by Clients. These fees are separate from and do not affect the independent contractor relationship between Service Providers and Clients. Service Providers may (a) maintain a clientele without any restrictions from Jobnur; (b) offer and provide their services elsewhere, including through competing platforms; and (c) accept or reject Clients and Service Agreements (defined below). Service Providers are independent contractors of Clients, and Clients are therefore clients of Service Providers, not Jobnur. All applicable platform fees and payment processing fees will be clearly disclosed to both Service Providers and Clients prior to the completion of any booking.

Any reference to a Service Provider being licensed or credentialed in some manner, or being “badged”, “reliable”, “reliability rate”, “elite”, “great value”, “background checked”, “vetted” (or similar language) indicates only that the Service Provider has completed a relevant user account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they select, interact, or contract with via the Platform; and (ii) is not an endorsement, certification, or guarantee by Jobnur of a Service Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe, or suitable.

Notwithstanding any feature or service of the Platform that a Client may use to expedite Service Provider selection, the Client is responsible for determining the Task and selecting or otherwise approving their Service Provider and should undertake their own research prior to booking any Task to be satisfied that a specific Service Provider has the right qualifications.

1. Jobnur’s Role
   The Platform is not an employment agency service or business, and Jobnur is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors, or franchisees of Jobnur.

Users hereby acknowledge and agree that (a) Jobnur does not (i) perform Tasks nor employ individuals to perform Tasks, (ii) supervise, scope, direct, control, or monitor Taskers’ work (including that Jobnur does not set Taskers’ work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Taskers, (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to each other, and (iv) Users specifically acknowledge that Taskers meet the criteria for independent contractor status under applicable state and federal laws, including but not limited to California Labor Code § 2775 (AB5) and similar state laws, as Taskers (A) are free from control and direction of Jobnur in connection with the performance of Tasks, (B) perform Tasks outside the usual course of Jobnur’s business, and (C) are customarily engaged in an independently established trade, occupation, or business of the same nature as the Tasks performed; and (b) the formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Jobnur, nor any employment or other relationship between Jobnur and the Users or between the Client and the Tasker. Users do not have the authority to, and may not act as an agent for, nor bind or make any representations on behalf of, Jobnur (including that Taskers may not modify all or any part of the Jobnur fees).

Jobnur is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, disability insurance, employer’s liability, employer training tax, social security contributions, or other applicable payroll withholdings in connection with a User’s use of the Platform, or personal income tax. The Tasker assumes full and sole responsibility for all required and applicable income tax and social contributions such as Social Security withholdings as to the Tasker and all persons engaged by the Tasker in the performance of the Task Services. Each User assumes all liability for the proper classification of such User’s workers based on applicable legal guidelines.

1. License
   Subject to your compliance with the terms of the Agreement (including, without limitation, these Terms and Jobnur’s Acceptable Use Policy), Jobnur grants you a limited, non-exclusive, non-transferable, and revocable license to (a) access and use the Platform (in the locations and territories where the Platform has a presence), (b) download, access, and use the App on your personal device, solely in furtherance of your use of the Platform, and (c) access and view any content, information, and materials made available on the Platform, in all cases for your personal use and the intended purpose of the Platform. All Users are subject to, and agree to comply with, the Acceptable Use Policy in their use of the Platform. Users may not copy, download, use, redesign, reconfigure, reverse engineer, or retransmit the Platform or anything therefrom or thereon (in whole or in part) without Jobnur’s prior written consent. Any rights not granted by Jobnur are expressly reserved.

1. User Representations and Warranties
   In your access to and use of the Platform, you represent and warrant that you:
   • will comply fully with the terms of the Agreement, including, without limitation, these Terms and the Acceptable Use Policy and other Supplemental Terms;
    • are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts;
    • have the right, authority, and capacity to enter into the Agreement (including that you have the right and authority to act on behalf of, and bind to the Agreement, any company or organization on whose behalf you are entering into the Agreement);
    • will only request and/or perform (as applicable) Tasks within the United States;
    • 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 Jobnur without obtaining the prior written consent of Jobnur and/or the relevant User, as applicable;
    • will act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Users (including by communicating clearly and promptly through the Chat Thread, and being present and/or available at the time you agree upon with other Users);
    • will only utilize the third-party PSP (as defined in the Fees, Payments, and Cancellation Supplemental Terms) to make or receive payment for Tasks;
    • will use your legal name and/or legal business name (as per your government-issued identification and registration documents) and an up-to-date photo on your profile;
    • will comply with all applicable local, state, provincial, national, or international laws in your use of the Platform;
    • will not use the Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services; and
    • will ensure that all communications regarding Tasks (including, without limitation, scoping and payments and any questions relevant to Tasks), remain on the Platform, before, during, and after the Task.
2. Additional Tasker Representations and Warranties
   If you are a Tasker, you additionally represent and warrant that, in your access to and use of the Platform, you:
   • are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation, or other business entity when using the Platform;
    • are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Platform and maintain an independent clientele;
    • have the unrestricted right to work in the jurisdiction in which you perform Tasks;
    • have and will maintain (at your own expense) any licenses, permits, and/or registrations required by applicable laws that apply to your performance of Tasks (including, as applicable, a business license, business tax registration, and/or contractor’s license);
    • have and will maintain all insurance required to operate your business and perform the Tasks;
    • will respond to invitations promptly; provide timely, high-quality services for your Clients as agreed in the Chat Thread (defined below); only offer and provide Tasks for which you have the necessary expertise to perform; and perform the Tasks as agreed upon with your Client in a safe manner; and
    • will promptly disclose to Jobnur in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses) that arise during your use of the Platform.

Tasker will be sole responsible for a job they have committed for and that they will always be present at customer site during the job.

2. Use of the Platform
3. Registration
   You must register and create an account to access and use the Platform, providing only correct and accurate information (such as, without limitation, your name, business name, mailing address, email address, and/or telephone number). You agree to immediately notify Jobnur of any changes to your account information. If any such change relates to ownership of your telephone numbers, you may notify Jobnur by texting STOP to any text message sent to the retiring phone number. Failure to provide and maintain updated and accurate information may result in your inability to use the Platform and/or Jobnur’s termination of this Agreement with you. Jobnur may restrict anyone from completing registration if Jobnur determines such person may threaten the safety and integrity of the Platform or if such restriction is necessary to address any other reasonable business concern.

1. Account Security
   You are fully and solely responsible for (a) maintaining the confidentiality of any log-in, password, and account number provided by or given to you to access the Platform; and (b) all activities that occur under your password or account, even if not authorized by you. Jobnur has no control over any User’s account. You agree to notify Jobnur immediately if you suspect any unauthorized party may be using your Platform password or account or if you detect any other breach of security.

1. Tasker Onboarding

(i) Background Checks. To the extent permitted by applicable law, Taskers may be subject to a review process before they can register on, and during their use of, the Platform, which may include, but is not limited to, identity verification and criminal background checks, using third-party services as appropriate (“Background Check(s)”). If you are a Tasker, to the extent permitted under applicable law, you agree to undergo such Background Checks. Jobnur cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users of the Platform. Users acknowledge that background checks are limited in scope and time, and that past results do not guarantee future behavior or performance.

(ii) Professional Licensing. Jobnur does not independently verify that Taskers have the necessary expertise or have obtained any licenses, permits, or registrations required to perform their Tasks. It may be unlawful to perform certain types of Tasks without a license, permit, and/or registration, and performing such Tasks may result in law enforcement action and/or penalties or fines. Taskers are solely responsible for avoiding such prohibited Tasks. If you have questions about how national, state, provincial, territorial, and/or local laws apply to your Tasks on the Platform, you should first seek appropriate legal guidance. Clients are solely responsible for determining if a Tasker has the skills and qualifications necessary to perform the specific Task and confirming that the Tasker has obtained all required licenses, permits, or registrations, if any. Clients may wish to consult their national, state, provincial, territorial, and/or local law requirements to determine whether certain Tasks are required to be performed by a licensed or otherwise registered professional. Jobnur reserves the right to request proof of licensing, permits, or registrations from Taskers at any time.

1. Service Agreement
   The Platform allows Users to offer, search for, and book Tasks. After identifying and selecting a Tasker to perform a Task, the Client and the Tasker may communicate via the chat thread in the Platform (the “Chat Thread”) to understand the scope, schedule, and other details of the Task (including, without limitation, any specific hazards, obstacles, or impediments in the Task location (whether visible or concealed) that may impact the performance of the Task). Once the Task is scheduled via the Platform by the Tasker, the Client and Tasker form a legally binding contract for the Task, which includes the engagement terms proposed and accepted, and any other contractual terms agreed to by the Client and the Tasker in the Chat Thread for the Task (the “Service Agreement”). The Client and the Tasker each agree to comply with the Service Agreement and the Agreement during the engagement, performance, and completion of a Task. Taskers are responsible for exercising their own business judgment in entering into Service Agreements and performing Tasks and acknowledge that there is a chance for individual profit or loss. Jobnur is not a party to any Service Agreement. The formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Jobnur.

E. Additional Tasker Representations and Warranties.

If you are a Tasker on Jobnur, you additionally represent and warrant that, in your access to and use of the Platform, you:

• Are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation, or other business entity when using the Platform.
• Are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Platform and maintain an independent clientele.
• Have the unrestricted right to work in the jurisdiction in which you perform tasks.
• Have and will maintain (at your own expense) any licenses, permits, and/or registrations required by applicable laws that apply to your performance of tasks (including, as applicable, a business license, business tax registration, and/or contractor’s license).
• Have and will maintain all insurance required to operate your business and perform the tasks.
• Will respond to invitations promptly, provide timely, high-quality services for your Clients as agreed in the Chat Thread (defined below), only offer and provide tasks for which you have the necessary expertise to perform, and perform the tasks as agreed upon with your Client in a safe and timely manner.
• Will promptly disclose to Jobnur in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses) that arise during your use of the Platform.

3. Termination

You may terminate the Agreement between you and Jobnur at any time by ceasing all use of the Platform and deactivating your account. Jobnur may terminate the Agreement between you and Jobnur at any time and cease providing access to the Platform (pursuant to Section 6 above) if you breach any part of the Agreement or violate applicable laws.

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

4. User Generated Content; Feedback

A. User Generated Content

“User Generated Content” refers to any information, content, and materials (including but not limited to videos, images, audio recordings, reviews, or messages) that you provide to Jobnur, its agents, affiliates, corporate partners, or other Users while using the Platform.

User Generated Content does not represent the views or opinions of Jobnur, and Jobnur does not verify or approve such content. You acknowledge and agree that:

• Jobnur is not involved in the creation, development, or control of User Generated Content.
• Jobnur is not responsible for the accuracy, reliability, or consequences of any User Generated Content.
• Jobnur may, but is not obligated to, monitor or review User Generated Content.
• Jobnur reserves the right to remove or limit access to any User Generated Content that does not comply with the terms of this Agreement.

You are solely responsible for your User Generated Content. To the extent permitted by law, you grant Jobnur a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, publish, reproduce, modify, distribute, adapt, and publicly display your User Generated Content in connection with the Platform and Jobnur’s business operations, including for marketing, advertising, and promotional purposes. You represent and warrant that you have all necessary rights to grant this license and that the User Generated Content does not infringe any third party’s intellectual property rights or other rights.

This includes the right to use your name, username, image, and other likenesses in advertising, marketing, or promotional activities without requiring approval from or compensation to you.

By providing User Generated Content, you represent and warrant that:

1. You have the legal authority to grant these rights and your content does not infringe on third-party rights.
2. Your content does not:
   1. Contain false, misleading, or fraudulent information.
   2. Violate any laws, including those related to consumer protection, privacy, or anti-discrimination.
   3. Contain hate speech, defamatory language, threats, or harassment.
   4. Include explicit content, child exploitation material, or any form of illegal activity.
   5. Contain viruses, malware, or any malicious code.
   6. Imply an employment or direct affiliation with Jobnur.

You waive any moral rights in your User Generated Content to the extent permitted by law and release Jobnur from any claims related to its use, modification, adaptation, reproduction, distribution, and public display of such content in connection with the Platform’s services     .

Jobnur may disclose a User’s identity to other Users or third parties who claim their rights have been infringed by User Generated Content. If you believe any content on the Platform violates your rights or the rights of others, you may report it to Jobnur at info@jobnur.com .Jobnur has right to suspend user account for definite or indefinite period in such cases.

If you come across content that promotes violence, hate speech, or criminal activity, including crimes against humanity or child exploitation, you must notify Jobnur immediately at info@jobnur.com.

1. Feedback
   The Platform hosts User Generated Content relating to reviews and ratings of specific Taskers (“Feedback”), which enables Users to post and read other Users’ expressions of their experiences. Feedback is the opinion of the User who has posted it. Feedback is not the opinion of, and has not been verified or approved by, Jobnur. Jobnur does not evaluate Users. Jobnur may, but is not obligated to, investigate, modify, and/or remove any Feedback or other remarks posted by Users. You may request the removal of a review that violates the Agreement or the Jobnur Ratings and Reviews Guidelines by contacting us at info@jobnur.com.

5. Intellectual Property Rights
   The Platform, and all components thereof and content made available and/or displayed thereon (including the Marks (defined below), and all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, information, tools, designs, interfaces, and other content (including the coordination, selection, arrangement, and enhancement of, and any and all intellectual property rights in and to, the foregoing (collectively “Proprietary Material”))), is owned by Jobnur, excluding User Generated Content and any third-party websites made available on or via the Platform. Proprietary Material is protected, in all forms, media, and technologies now known or hereinafter developed, by domestic and international laws, including those governing copyright, patents, and other proprietary and intellectual property rights. Any use of the Proprietary Material other than as permitted in the Agreement is expressly prohibited.

The service marks, logos, and trademarks of Jobnur (the “Marks”), including without limitation those for Jobnur and Jobnur for Good, are owned by Jobnur. The Marks are not available for use by Taskers. You may not copy or use the Marks without obtaining Jobnur’s express prior written consent. Any other trademarks, service marks, logos, and/or trade names appearing on the Platform are the property of their respective owners and may not be used without the prior written consent of such owner.

6. Links to Third-Party Websites
   The Platform may contain links (such as, without limitation, hyperlinks, external websites that are framed by the Platform, and advertisements displayed in connection therewith (including as may be featured in any banner or other advertising) to third-party websites), which are maintained by parties over which Jobnur exercises no control.

Such links are provided for reference and convenience only; and do not constitute Jobnur’s endorsement, warranty, or guarantee of, or association with, those websites, their content, or their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. The use of any website controlled, owned, or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access and use such third-party websites at your own risk.

Jobnur has no obligation to monitor, review, limit, or remove links to third-party websites, but reserves the right to do so at its sole discretion. Jobnur (a) expressly disclaims any responsibility or liability for any such third-party links or websites (including your access to or use thereof, and any products or services advertised or offered thereby, and any claims arising therefrom); and (b) is not and will not be a party to any transaction between you and any third-party providers of products or services.

You expressly relieve Jobnur from any and all liability arising from your access to and/or use of any third-party websites.

7. Copyright Complaints and Copyright Agent
   If you believe, in good faith, that any materials provided on or in connection with the Platform infringe upon your copyright or other intellectual property rights, please send the following information to Jobnur’s Copyright Agent identified here:

• A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Platform where the material you claim is infringed is visible. Include enough information to allow Jobnur to locate the material, and explain why you think an infringement has taken place.
• A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published.
• Your name, address, telephone number, and e-mail address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Please note that the procedure outlined herein is exclusively for notifying Jobnur and its Affiliates that your copyrighted material has been infringed. This DMCA notice procedure does not limit any other legal rights or remedies available to copyright owners. The preceding requirements are intended to comply with Jobnur’s rights and obligations under the Digital Millennium Copyright Act of 1998 (as it may be amended, “DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable law.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Platform and/or terminate the User accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Disclaimer of Warranties

Use of the Platform is entirely at your own risk.

THE PLATFORM AND THE TECHNOLOGY UNDERLYING IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE, AND/OR NON-INFRINGEMENT), AND THE SAME ARE EXPRESSLY EXCLUDED.

WITHOUT LIMITING THE FOREGOING, JOBNUR AND ITS PARENTS, AFFILIATES, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “AFFILIATES,” AND TOGETHER WITH JOBNUR, THE “JOBNUR PARTIES”):

1. MAKE NO, AND EXPRESSLY DISCLAIM (TO THE EXTENT PERMITTED BY LAW), ALL REPRESENTATIONS AND WARRANTIES AS TO:
   1. (I) THE TIMELINESS, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF THE PLATFORM;
   2. (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR ANY TASK OR SERVICE PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE USE OF THE PLATFORM; OR
   3. (III) THE TASKS OR SERVICES PROVIDED BY, OR THE INTERACTIONS OR COMMUNICATIONS OF OR BETWEEN, USERS OF THE PLATFORM (WHETHER ONLINE OR OFFLINE, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, ANY TASKER’S ABILITY, PROFESSIONAL ACCREDITATION, REGISTRATION, OR LICENSURE.
2. DO NOT WARRANT THAT THE PLATFORM IS OR WILL BE:
   1. (I) ERROR-FREE OR THAT ACCESS TO IT WILL BE UNINTERRUPTED; OR
   2. (II) FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR MALFUNCTIONS, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES.
3. DO NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING BY ANY TASKER, AND JOBNUR WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

United States federal law and some states do not allow the exclusion of and/or limitations on certain implied warranties, so the above exclusions and/or limitations may not apply to you. These terms give you specific legal rights, and you may also have other rights, which vary from state to state. The disclaimers, exclusions, and limitations under these terms will not apply to the extent prohibited by applicable law.

9. Limitation of Liability

You acknowledge and agree that Jobnur is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties, as set out in this section and elsewhere in the Agreement.

THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING BUT NOT LIMITED TO STATE AND FEDERAL DATA PRIVACY AND SECURITY LAWS), UNDER NO CIRCUMSTANCES WILL THE JOBNUR PARTIES OR THEIR CORPORATE PARTNERS BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHERWISE) FOR, AND SUCH PARTIES EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION, UNAUTHORIZED ACCESS TO OR DISCLOSURE OF PERSONAL INFORMATION, DATA BREACHES, PRIVACY VIOLATIONS, AND THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS, REGULATORY FINES, PENALTIES, AND COMPLIANCE COSTS), LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS, AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “LIABILITIES”) ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THE PLATFORM OR YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE JOBNUR PARTIES AND THEIR CORPORATE PARTNERS FROM THE FOREGOING.

Nothing in the Agreement excludes or limits any liability or warranty that, under applicable federal or state law, may not be limited or excluded. Where state consumer protection laws (including California law) do not permit the exclusion of certain warranties or the limitation of incidental or consequential damages, the above limitations may not apply to you in their entirety.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE JOBNUR PARTIES 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:

• (A) IF YOU ARE A CLIENT, THE TOTAL FEES PAID BY YOU TO JOBNUR IN THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE; AND
• (B) IF YOU ARE A TASKER, THE TOTAL TASK PAYMENTS PAID TO YOU BY CLIENTS IN THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

Users’ indemnification obligations are set out below in this Section. Jobnur reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will cooperate as fully as reasonably required in the defense of any claim. Jobnur reserves the right to select counsel and control settlement negotiations. You will not, in any event, settle any claim or matter without the prior written consent of Jobnur.

A. Client Indemnification

If you are a Client, you shall indemnify, defend, and hold harmless Jobnur and its Affiliates from and against any and all Liabilities incurred in connection with:

1. Your use of, inability to use, or participation on the Platform.
2. Your breach or violation of the Agreement.
3. Your violation of any law or the rights of any User or third party.
4. Your use of any third-party links or websites that appear on the Platform.
5. Any User Generated Content and/or Feedback submitted by you or using your account on the Platform, including but not limited to content that may infringe on the intellectual property rights of a third party or otherwise be illegal or unlawful.
6. The acts or omissions of any Client Agents.

B. Tasker Indemnification

If you are a Tasker, you shall indemnify, defend, and hold harmless Jobnur and its Affiliates from and against any and all Liabilities incurred in connection with:

1. Your use of, inability to use, or participation on the Platform.
2. Your participation in Tasks, or your ability or inability to perform Tasks or to receive payment for them.
3. Your breach or violation of the Agreement.
4. Your violation of any law or the rights of any User or third party.
5. Any User Generated Content and/or Feedback submitted by or about you or using your account on the Platform, including but not limited to content that may infringe on the intellectual property rights of a third party or otherwise be illegal or unlawful.
6. The acts or omissions of any Tasker Assistants.

11. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy, or claim related to, arising from, or regarding your use of the Platform, your relationship with Jobnur, Tasks, or the Agreement (including previous versions) (“Dispute”), you may attempt to find an amicable solution with Jobnur before initiating any out-of-court settlement (such as mediation or arbitration) or legal proceedings (except as set forth in Section 24). Such informal negotiations will commence upon written notice.

Your address for such notices is the one associated with your account, with an email copy sent to the email address you provided to Jobnur. Jobnur’s address for such notice is provided in its official contact information.

12. App Store-Sourced Apps

If you access or download any Jobnur app from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and will comply with it in your access to and use of the App(s).

If you access or download any Jobnur app from the Google Play Store, you agree to Google Play’s Terms of Service and will comply with them in your access to and use of the App(s).

13. ConfidentialityYou agree not to disclose Jobnur’s Confidential Information to any third party. “Confidential Information” includes any information, technical data, or know-how, including, without limitation, that which relates to Jobnur’s research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, marketing, sales, business plans, financial information, cost data, pricing, or employee information that is disclosed to you by Jobnur either directly or indirectly in writing, orally, or by inspection of tangible objects. Confidential Information does not include information that

 (i) was previously known to you without an obligation to hold it in confidence,

 (ii) is or becomes publicly known other than through a violation of the Agreement,

(iii) is independently developed by you without the use of Jobnur’s Confidential Information.  

14. Promotions

You acknowledge and agree that Jobnur may establish general practices and limits concerning the use of promotions, including without limitation, establishing expiration dates, usage limits or other restrictions. Jobnur reserves the right to modify, suspend or discontinue any promotions at any time, without notice to you. You agree that Jobnur shall not be liable to you for any losses or damages resulting from any modification, suspension or discontinuance of any promotions.

15. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim, related to, arising out of or regarding your use of the Platform, your relationship with Jobnur, any Task or the Agreement (including any prior versions of this Agreement) (“Dispute”), you and Jobnur agree to first attempt to negotiate any Dispute informally for thirty (30) days upon written notice. Your address for such notices is your email address and, to the extent that you provide a physical mailing address to Jobnur, your mailing address.

 Jobnur’s address for such notices is:

Jobnur, Inc.

2717 Commercial Center Blvd, STE200, Katy, Texas, 77494

• If you are a California resident, you and Jobnur agree to comply with California Code of Civil Procedure Section 1281.8.

16. Agreement to Arbitrate
17. Agreement.

Except as otherwise set forth in this Agreement, you and Jobnur agree that, subject to any exceptions or qualifications to this agreement to arbitrate (“Agreement to Arbitrate”) below, any Dispute (as defined above) that cannot be resolved through informal negotiation shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“AAA Rules”) then in effect.  

Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by entering into this Agreement, you and Jobnur are each waiving the right to trial by jury or to participate in a class action.  

Nothing in this Agreement shall be interpreted to prevent either party from bringing an individual action in small claims court or seeking injunctive or other equitable relief in a court of competent jurisdiction.

1. Exclusions to Arbitration.

• Notwithstanding the foregoing, and as exceptions to such arbitration, you and Jobnur retain the right to pursue in a court of competent jurisdiction (i) any action to enforce or protect its intellectual property rights, (ii) any action relating to employee benefits, including but not limited to those arising under the Employee Retirement Income Security Act of 1974, and (iii) individual actions in small claims court.

17. Changes to the Agreement, the Platform, and the App

A. Changes to the Agreement

     Jobnur reserves the right, for justifiable and proportionate reasons, to review, change, modify, update, add to, supplement, suspend, discontinue, or delete any term(s) or provision(s) of the Agreement (including the Fees for this Platform, Terms of Service, Privacy Policy, Acceptable Use Policy, and/or any other related policies). For any material changes to the Agreement, Jobnur will provide notice through the Platform or via email to the email address associated with your account. Your continued use of the Services after such notice period constitutes acceptance of the modified Agreement. If you do not agree with the modifications, you must stop using the Services prior to the effective date of the changes.

Notice of such amendments may be given by posting updates or modifications (or a notice thereof) on the Platform, on the relevant terms or policies page, by email, or through any other reasonable means. Such amendments will be effective upon posting. Your continued use of the Platform after such posting constitutes your consent to be bound by the Agreement as amended.

If such modifications and/or updates are material, Jobnur will inform you in advance (via the methods outlined in this Section) for your acceptance or rejection. If any changes to the Agreement are unacceptable to you or cause you to no longer be in compliance with the Agreement:

• The previous Terms will apply to your current Tasks.
• However, you will no longer be able to use the Platform or accept new Tasks.
• You must deactivate your account and immediately stop using the Platform.

After being notified of material changes, your continued use of the Platform constitutes your complete and irrevocable acceptance of all changes, except where prohibited by applicable laws or regulations.

To the extent permitted by law, Jobnur shall not be liable to you for any modifications to any portion of the Agreement.

B. Changes to the Platform

Jobnur reserves the right, at any time, to review, improve, modify, update, upgrade, discontinue, impose limits, or restrict access to, whether temporarily or permanently, all or any portion of the Platform (including any content or information available on or through the Platform), effective with prior notice (where possible) and without any liability to Jobnur.

To the extent permitted by law, Jobnur shall not be liable to you for any updates, upgrades, modifications, or discontinuation of all or any portion of the Platform.

C. 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 Platform. The App (including any updates or upgrades) may:

1. Cause your device to automatically communicate with Jobnur’s servers to deliver the App functionality, to record usage metrics, and to ensure proper functionality and security of the service. This data collection and processing will be conducted in accordance with our Privacy Policy and applicable data protection law     s.
2. Affect App-related preferences or data stored on your device.
3. Collect personal information as set out in our Privacy Policy.

You can uninstall the App(s) at any time.

18. No Rights of Third Parties

Except as expressly set out herein and/or as required by applicable laws, the Agreement is for the sole benefit of Jobnur and the User, including their permitted successors and assigns. Neither Clients, Taskers, nor any other users of the Platform, nor any customers, employees, contractors, or other parties who may interact with or be affected by the services provided through the Platform shall be deemed third-party beneficiaries under this Agreement or have any right to enforce any of its terms. There are no other third-party beneficiaries under the Agreement.

None of the terms of the Agreement are enforceable by any persons who are not a party to the Agreement; however, Jobnur may enforce any such provisions on behalf of its Affiliates.

A Client’s Agent may act in the name of and on behalf of their Client, subject to applicable state agency laws.

19. Notices and Consent to Receive Notices Electronically

Unless otherwise specified in the Agreement, all agreements, notices, disclosures, and other communications (collectively, “Notices”) under the Agreement will be in writing and will be deemed to have been duly given when:

• Received, if personally delivered or sent by certified or registered mail (return receipt requested).
• Electronically confirmed as received, if transmitted by email or fax.
• Shown as delivered in the tracking information, if sent by overnight delivery service.

Notwithstanding the above, any Notices related to the Agreement will be sent to you electronically (including, but not limited to, via email or by posting on the Platform), and you expressly consent to receive all such Notices in this manner. You acknowledge that it is your responsibility to maintain current contact information in your Platform account and to regularly check the Platform for updates and Notices.

All Notices provided electronically satisfy any legal requirement that such communications be in writing.

If you have any questions about these Terms of Service or the Platform, please contact us [here].

20. Consent to Electronic Signatures

By using the Platform, you agree that:
 a) You will transact electronically through the Platform.
 b) Your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity, and enforceability as a paper-based signature.
 c) Your use of a keypad, mouse, or other device to select an item, button, or icon constitutes your signature, as if actually signed by you in writing.
 d) No certification authority or third-party verification is necessary to validate your electronic signature, and the lack of such verification will not affect the enforceability of your electronic signature.

21. Governing Law

Except for Sections 15 (Dispute Resolution) and 24 (Jurisdiction-Specific Provisions), the Agreement and your use of the Platform will be governed and construed under the following laws (without regard to choice-of-law principles):

• For Users within the United States: The laws of the State of California.
•  

The choice of law outlined in this section shall apply unless federal, state, or local laws applicable to you or your Tasks require that the Agreement or your use of the Platform be governed by the laws of the state where the Task is performed.

This provision is intended to designate governing laws for interpreting the Agreement and does not create any substantive rights for non-residents of the designated jurisdiction to assert claims under such laws.

Nothing shall prevent Jobnur from bringing proceedings to protect its intellectual property rights before any competent court.

22. Notices

The Jobnur Platform, websites, and Apps are owned and operated by Jobnur, Inc., a company registered in Wyoming (United States). If you have any questions about the Agreement or the Platform, please contact us by using the means listed [here].

23. General Provisions

a. Relationship of the Parties

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship exists, is intended, or is created between you and Jobnur by the Agreement or your use of the Platform. You acknowledge and agree that you are an independent contractor and not an employee of Jobnur for any purpose, including but not limited to federal and state tax purposes, unemployment benefits, or workers’ compensation insurance.

Users do not have the authority to act as an agent for, bind, or make any representations on behalf of Jobnur.

b. Entire Agreement

The Agreement (including any terms linked to it and incorporated by reference into these Terms) constitutes the complete and exclusive agreement between you and Jobnur regarding your use of the Platform.

It supersedes any prior or contemporaneous agreements, proposals, or communications, except as otherwise specified in the Arbitration Agreement in Section 24(A).

However, the Agreement does not override other agreements related to different subject matters that you may have with Jobnur. The provisions of the Agreement shall be interpreted in a manner that makes them valid, legal, and enforceable.

c. Severability; Waiver

Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in Section 24(A), if any provision of the Agreement is found to be partially or wholly invalid, illegal, or unenforceable, then:

1. That provision shall be modified or restructured to the extent necessary to make it valid, legal, and enforceable.
2. If modification is not possible, the provision shall be removed from the Agreement without affecting the validity or enforceability of the remaining provisions.

Failure by Jobnur to enforce any provision(s) of the Agreement will not be interpreted as a waiver of any provision or right.

You acknowledge and agree that Jobnur may assign or transfer the Agreement without your consent. In such cases:

• Jobnur will notify you about the assignment.
• If legally required, you may terminate the Agreement and stop using the Platform.
• Upon the effective date of assignment, the assignee entity will replace Jobnur for the performance of the Agreement, and Jobnur will be relieved of all rights, obligations, and liabilities related to events occurring after the assignment date.

You may not assign or transfer the Agreement without Jobnur’s prior written approval. Any unauthorized assignment shall be null and void. The Agreement will benefit Jobnur, its successors, and assigns.

All parts of the Agreement that, by their nature, should survive the expiration or termination of the Agreement shall continue in full force and effect after termination.

The Agreement is written in English.

24. Jurisdiction-Specific Provisions, Including Dispute Resolution

The terms in this section apply to Users in specific jurisdictions.

If there are discrepancies between these Terms of Service and the jurisdiction-specific provisions below, the jurisdiction-specific provisions shall prevail for Users in those locations.

A. Residents of the United States of America

I. Dispute Resolution – Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND JOBNUR CAN BRING CLAIMS UNDER THIS ARBITRATION AGREEMENT.

THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND JOBNUR TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE:

• READ, UNDERSTOOD, AND AGREED TO THE TERMS WITHOUT LIMITATION OR QUALIFICATION.
• ACCEPTED ALL TERMS OF THIS AGREEMENT.

II.Agreement to Binding Arbitration

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND JOBNUR MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (FAA) and survives the termination of the Agreement and your relationship with Jobnur.

To the fullest extent permitted by applicable law, you and Jobnur agree to arbitrate any and all disputes and claims (the “Claim(s)“) relating to, arising from, or regarding:

• Your use of the Platform
• Your relationship with Jobnur
• Tasks
• This Agreement (including previous versions)
• Claims by Jobnur, Claims against Jobnur, and Claims against Jobnur’s Affiliates (including its parent company)

To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to:

• Payments
• Any city, county, state, or federal wage and hour law
• Compensation, meal or rest breaks, expense reimbursement
• Wrongful termination, discrimination, harassment, retaliation
• Fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress
• Any promotions or offers made by Jobnur
• The threatened or actual suspension or deactivation of your account
• Breach of any express or implied contract or covenant
• Claims arising under federal or state consumer protection laws, antitrust laws, or employment laws
• Claims under the Telephone Consumer Protection Act and Fair Credit Reporting Act
• Claims under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits covered by the Employee Retirement Income Security Act or funded by insurance)
• State or local statutes addressing similar subject matters
• All other federal, state, or local statutory and common law claims

If there is a dispute about whether a claim is subject to arbitration (including the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Jobnur agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.

To the extent that any third-party beneficiary to this Agreement brings claims against a party, those claims shall also be subject to this Arbitration Agreement.

If either party brings both arbitrable and non-arbitrable claims in the same action or related actions, both parties agree that the non-arbitrable claims shall be stayed until the conclusion of the arbitration, to the fullest extent permitted by law.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND JOBNUR ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT.

THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

(b) Prohibition of Class Actions and Non-Individualized Relief

Except as otherwise required under applicable law, you and Jobnur agree that any arbitration will be limited to the Claim between Jobnur (and/or, if applicable, its Affiliates) and you individually.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND JOBNUR ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“CLASS ACTION WAIVER”).

Further, unless both you and Jobnur otherwise agree:

• The arbitrator may not consolidate more than one person’s claims
• The arbitrator may not preside over any form of class or representative proceeding
• The arbitrator shall have no authority to consider or resolve any Claim or issue relief on any basis other than an individual basis

Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act (PAGA) Claims, which are addressed separately below.

Notwithstanding any other provision of the Agreement, the Arbitration Agreement, or the AAA Rules:

• Disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may only be resolved by a civil court of competent jurisdiction and not by an arbitrator.
• If:
  • The Claim is filed as a class, collective, or representative action
  • There is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims

Then, those Claims shall be severed from the remaining Claims and may remain in a civil court of competent jurisdiction. However, the Class Action Waiver shall still be enforced in arbitration on an individual basis for all other Claims to the fullest extent possible.

(c) Representative PAGA Waiver

This section outlines restrictions regarding representative actions under the California Private Attorneys General Act (PAGA), California Labor Code § 2698 et seq. It establishes that individuals using Jobnur cannot bring representative claims on behalf of others under PAGA, whether in court or arbitration.

Key Provisions:

1. No Representative PAGA Claims:
   1. Both you (the user) and Jobnur agree not to bring a representative action under PAGA in any court or arbitration.
   2. This means you can only file a PAGA claim for yourself, not on behalf of others.
2. Arbitration Must Be Individualized:
   1. If you bring a PAGA claim, it must be resolved in arbitration on an individual basis.
   2. You can only seek relief for your personal grievances and not for other workers.
3. Challenges to the Waiver:
   1. Any disputes about the scope, applicability, enforceability, revocability, or validity of this PAGA waiver must be resolved by a civil court, not by an arbitrator.
4. What Happens If the Waiver is Found Unenforceable?
   1. If any part of the PAGA waiver is deemed unenforceable or unlawful, that specific provision will be removed from the agreement.
   2. The rest of the arbitration agreement will remain in effect.
   3. Any PAGA claims that must be litigated in court will be paused (stayed) until the outcome of individual arbitration claims is determined.

Impact on You:

This provision limits your ability to participate in class or representative actions under PAGA. If you want to bring a claim under PAGA, it must be handled in arbitration on an individual basis. If a court later determines that this waiver is unenforceable, the PAGA claim will be moved to court but will be put on hold while individual claims proceed in arbitration.

(d) Rules and Logistics Governing Arbitration

This section outlines the procedural rules for arbitration, including how to start arbitration, how arbitrators are selected, and how costs are allocated.

How to Initiate Arbitration:

• To start arbitration, you must:
  • File a claim with the American Arbitration Association (AAA).
  • Provide a written Demand for Arbitration (available at adr.org).
  • Send a copy of the demand to the other party.
• The arbitration will be conducted under AAA Rules in effect at the time of filing.
• TThe AAA’s Consumer Arbitration Rules (“Consumer Rules”) will apply to disputes involving consumers as defined by the AAA’s Consumer Arbitration Rules. For all other disputes, the “AAA’s Consumer Rules“) shall apply to any dispute between Service Provider and a consumer (defined as any individual who uses the services primarily for personal, family, or household purposes). For all other disputes, including those involving business or commercial matters, the AAA’s Commercial Arbitration Rules shall apply .

Arbitrator Selection Process:

• A single arbitrator will be chosen by mutual agreement.
• If both parties fail to agree on an arbitrator within 30 days, the AAA will appoint one.

Discovery Rights in Arbitration:

• Both parties can request reasonable discovery of non-privileged, relevant information to prepare for arbitration.

Decisions and Remedies in Arbitration:

• The arbitrator’s decision will be final and binding.
• The arbitrator may award the same types of individual remedies available in court (such as compensation or injunctive relief).
• However, injunctive or declaratory relief will be limited to the individual party involved and cannot be applied broadly.
• The arbitrator will provide a written statement explaining the decision, including the findings and legal conclusions.

Costs and Fees for Arbitration:

This section defines who pays arbitration-related costs depending on the circumstances:

1. 1.      Jobnur and the user will equally share all arbitration-specific costs.
   2. You are responsible for an amount equal to the court filing fee in your state.
   3. If you are legally entitled to a lower filing fee under the AAA Rules, you will pay the lower amount.
   4. If a dispute arises over which costs are unique to arbitration, the arbitrator will decide.
2. Attorney Fees & Additional Costs:
   1. Each party must cover their own attorney fees unless:

1. The law or AAA Rules require Jobnur to pay.
2. The arbitrator determines that fees should be shifted to the losing party (if allowed under applicable law).

1. 1. Costs such as subpoenaing witnesses, depositions, and document copies must be covered by the party requesting them, just as they would be in court.
2. Fee Awards for the Winning Party:
   1. The arbitrator may award reasonable attorney fees and costs to the winning party, if allowed by law.

Location of Arbitration Hearings:

• For Taskers:
  • The arbitration hearing will take place remotely or in the county where the Tasker’s billing address is located.
• For Clients:
  • The hearing will be remote or in the county where the task was performed.
• If AAA arbitration is unavailable in your county:
  • The hearing will take place at the nearest available AAA arbitration location.

Final Takeaways:

What This Means for You:

• If you have a PAGA claim, you must pursue it individually in arbitration (not as a group).
• Arbitration will follow AAA rules, and a single arbitrator will oversee the case.
• Arbitration hearings will be remote or held in a convenient location based on your role (Tasker or Client).
• You are responsible for your own attorney fees, unless otherwise allowed by law.

This section reinforces arbitration as the primary dispute resolution method

(e) Exceptions to Arbitration

This section defines certain types of claims that are not subject to arbitration under the agreement. While most disputes between users and Jobnur must go through arbitration, the following exceptions apply:

Claims That Are Excluded from Arbitration:

1. Claims for Certain Employee Benefits:
   1. Workers’ compensation claims (for workplace injuries).
   2. Disability insurance claims (for financial assistance due to disability).
   3. Unemployment insurance claims (for financial benefits after job loss).
   4. These claims typically fall under state or federal employment laws and are handled by government agencies, not private arbitration.
2. Small Claims Court Actions:
   1. If your dispute falls within the legal limits of small claims court and is filed on an individual basis, you may take your claim directly to small claims court instead of arbitration.
   2. Small claims courts handle disputes involving smaller amounts of money and offer a faster, more informal process than arbitration or lawsuits.
3. Intellectual Property Disputes Involving Injunctions:
   1. If a dispute involves claims of infringement or misappropriation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights, the affected party may seek preliminary injunctive relief in court solely to prevent irreparable harm while the underlying dispute is resolved through arbitration     .
   2. This includes provisional remedies, preliminary injunctions, and temporary restraining orders to protect intellectual property rights.
4. Certain Representative PAGA Claims:
   1. If a court rules that the PAGA waiver (discussed in Section 24(A)(I)(c)) is unenforceable, then representative PAGA claims may proceed in court instead of arbitration.
   2. This applies only if a court finds that arbitration would be illegal under applicable law not preempted by the Federal Arbitration Act (FAA).
5. Claims Specifically Excluded by Federal Law:
   1. If federal law explicitly excludes a specific type of claim from mandatory arbitration, that claim must be resolved through litigation or other legal means instead.

Your Rights to File Reports with Government Agencies:

• This agreement does not prevent you from reporting issues to or filing claims with government agencies, including:
  • Equal Employment Opportunity Commission (EEOC) (for workplace discrimination).
  • S. Department of Labor (DOL) (for wage violations).
  • Securities and Exchange Commission (SEC) (for financial fraud).
  • National Labor Relations Board (NLRB) (for labor rights violations).
  • Office of Federal Contract Compliance Programs (OFCCP) (for workplace compliance issues).
• You can still participate in government investigations and may receive financial awards for providing information to these agencies.
• However, if you file a claim with these agencies, that does not automatically exempt you from arbitration with Jobnur unless federal law explicitly allows it.

(f) Severability

This section explains what happens if part of the Arbitration Agreement is found illegal or unenforceable:

• If any portion of the Arbitration Agreement is deemed invalid under the law not preempted by the FAA, that specific provision will be removed (severed).
• The rest of the Arbitration Agreement will remain in full effect.
• This means that even if a court strikes down one part of the agreement, arbitration will still be enforced for all remaining valid sections.

(g) Opt-Out of Arbitration Agreement

This section provides Taskers (workers using Jobnur) with the option to opt out of arbitration under specific conditions.

Who Can Opt Out?

• If you have never previously agreed to an arbitration clause in Jobnur’s (or Jobnur’s) Terms of Service, you have the right to opt out.
• If you previously agreed to an arbitration clause in a prior agreement, you can only opt out of any new revisions to the arbitration agreement made in this version.
• Opting out of this arbitration agreement does NOT affect previous or future arbitration agreements you may have with Jobnur.

How to Opt Out:

To opt out, you must notify Jobnur in writing within 30 days of agreeing to the Terms of Service. Your written notification must include:

1. Your Jobnur account username.
2. Your full legal name.
3. Your physical address.
4. Your telephone number.
5. Your email address.
6. A clear statement that you wish to opt out of the Arbitration Agreement.

You must send this notification to Jobnur’s official mailing address listed on their Contact Details page, which can be found at:
 https://jobnur.com/contact-us/

Key Takeaways About Opting Out:

• You have only 30 days to opt out from the date you agree to the Terms of Service.
• Opting out applies only to this version of the Arbitration Agreement—it does not affect past or future agreements you have accepted.
• If you do not follow the opt-out procedure correctly or within the deadline, you will remain bound by the arbitration clause.

(h) Tasker Claims in Pending Class Action

This section addresses Taskers who are already part of an ongoing wage and hour class action lawsuit against Jobnur (or Jobnur) as of the effective date of these Terms of Service.

• If you are already a member of a pending wage and hour class action lawsuit, this Arbitration Agreement will not apply to your claims in that lawsuit.
• Instead, your claims will continue to be governed by the arbitration provisions from the agreement you accepted before the new agreement’s effective date.

Why This Matters:

• This provision ensures that current class action members do not lose their legal standing in ongoing cases.
• However, any future claims or disputes that arise after the new agreement takes effect will still be subject to arbitration.

II. Telephone Communications and Agreement to Be Contacted

This section outlines your consent to receive calls and text messages from Jobnur, its affiliates, and independent contractors (including Taskers).

What You Are Agreeing To:

By providing your phone number, you expressly consent and agree to receive calls and text messages, including those made by automatic telephone dialing systems, artificial or prerecorded voice messages, and/or SMS text messages, even if your phone number is registered on any state or federal Do Not Call list, sent by or on behalf of     :

• Calls or text messages from Jobnur and its affiliates.
• Calls or texts from independent contractors (Taskers).
• Communications related to:
  • Your account and registration.
  • Onboarding and training.
  • Upcoming or scheduled tasks.
  • Changes, updates, or service outages.
  • Follow-ups to push notifications.
  • Transactions with Jobnur.

     Automated Calls and Texts:

• Jobnur may use automated dialing systems for text messages and phone calls.
• If you close your account or terminate your relationship with Jobnur, you may still receive automated calls or texts unless you opt out.

Promotional Text Messages:

• You may choose to enroll in recurring text messages about service-related news, promotions, or special offers.
• By opting in, you certify that:
  • Your phone number is correct.
  • You have the authority to enroll your number.
• Standard message and data rates apply.
• You do not have to agree to promotional texts as a condition of using Jobnur’s

Opting Out of Calls and Text Messages:

• To stop receiving texts, reply with STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to any message.
• You may receive one final confirmation text after opting out.
• If you opt out of automated texts, Jobnur may still contact you with non-automated calls.
• You are responsible for notifying Jobnur if you want to opt out of automated calls and texts.

 25. Acknowledgment and Consent

Prior to accessing or using the Jobnur platform, users must affirmatively indicate their acceptance by checking a designated box and clicking “I Accept,” thereby confirming that they have read, understood, and agreed to the Terms of Service, Privacy Policy, Acceptable Use Policy (AUP), Happiness Pledge, and any other referenced policies (collectively, the “Platform Policies”). Each Platform Policy shall be clearly accessible via hyperlink at the time of acceptance. Continued use of the Jobnur platform following such acceptance constitutes the user’s ongoing agreement to comply with the Platform Policies, as may be updated from time to time with notice to users.