Terms of Service
Last modified July 12, 2016
1. User’s Acknowledgment and Acceptance of Terms
Urgo Inc. (“Us,” “We,” or “Urgo”) provides the Mobile App, www.urgoapp.com website, and various related services (collectively, the “Urgo Platform”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or “Agreement”), as well as any other written agreement between us and you. In addition, when using particular services or materials on the Urgo Platform, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
You are permitted to use Urgo, only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of the Urgo Platform in any medium without Urgo’s prior written authorization except as permitted through Urgo’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using Urgo; (6) Don’t collect any personally identifiable information, including full names, physical addresses or e-mail addresses, for commercial purposes; and (7) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. Urgo is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Urgo is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.
YOUR USE OF THE URGO PLATFORM CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE URGO PLATFORM NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE URGO PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE URGO PLATFORM, IS TO STOP USING THE URGO PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE URGO PLATFORM.
As used in these Terms of Service, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Urgo Platform and/or its services. Any reference to “Professionals” includes any contractor offering services through the Urgo Platform. Any reference to “Customers” includes businesses and individuals who engage a Professional via the Urgo Platform. Any reference to “Services” includes all services delivered by the Professional(s) to the Customer(s) via the Urgo Platform.
2. Overview of our Services
Urgo allows Customers to use the Urgo Platform to hire Professionals to work on specific Services that they need done. Urgo also allows Professionals to list their services on the Urgo Platform and connects them with Customers who are interested in hiring them to perform certain Services. Urgo charges Professionals a 20% service fee for all payments Professionals receive from Customers for Services (“Service Fee”).
To ensure the quality of the Urgo experience we have set up our Terms of Service for our mutual benefit. If you violate these rules it will mean you have broken the terms of service and this may result in a termination of your account.
URGO DOES NOT PERFORM ANY JOBS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM THESE JOBS. URGO DOES NOT SUPERVISE, DIRECT, OR CONTROL A CONTRACTOR’S WORK IN ANY MANNER.
Urgo requests are non-transferable to other companies or individuals. All Urgo Services are governed by specific requests and terms as outlined in the Service upon listing.
Urgo does not have control over, nor is it responsible for, the performance of Professionals, including the quality, timing, legality, nature, and failure to provide any Services. Moreover, Urgo does not have control over, nor is it responsible for, the conduct of its Customers, including accuracy and reliability. Urgo is not responsible for interactions which occur between Users, whether in person, through the platform, offline, or online.
3. Vetting of Users
Users may be subject to a vetting process before using and while using the Urgo Platform, including, but not limited to, verifying their identification and a comprehensive criminal background check. Although Urgo may conduct background checks, it cannot guarantee their accuracy, or the identity of any user. Accordingly, Urgo cannot and does not assume any responsibility or liability for the accuracy of any background check or vetting of users, nor for the conduct of its users.
Urgo recommends that all users use common sense judgment and precautions when interacting with users, just like you would in interaction with any other individual whom you don’t know.
URGO, NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF URGO AND YOU HEREBY RELEASE URGO AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. URGO AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF URGO.
Customer understands that use of the Urgo Platform may result in charges to you for the Services you receive from Professionals. After you have received Services obtained through your use of the Urgo Platform, we will facilitate your payment of the applicable charges on behalf of a third party provider. Charges paid by you are final and non-refundable, unless otherwise determined by Urgo. Users of Urgo are responsible for paying all taxes required to be paid for the services (except for taxes on the Company’s income).
All charges are due immediately and payment will be facilitated by Urgo using the preferred payment method designated in your account.
Urgo may, at times, have certain promotions, including vouchers, which may be applied to your account and may be used to pay for Services from Professional(s), either in part or in full. Such Promotions are subject to the specific terms outlined in said promotions.
Any dispute between you and Urgo regarding any charge, including any discount or removal of such charges, is subject to Urgo’s Dispute Resolution Policy, and any such revision of charges shall be in Urgo’s sole discretion.
Your payment through the Urgo Platform is meant to fully compensate the Professional for the Services they have provided. You are free, but in no means are required, to provide additional payment in the form of a gratuity to Professionals.
Payment processing services for the Professional accounts on Urgo are provided by Stripe and, where applicable, may include money transmission services pursuant to licenses held by Stripe. Payment processing services provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By agreeing to these terms or continuing to operate as a Professional account holder on Urgo, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Urgo enabling payment processing services through Stripe, you agree to provide Urgo accurate and complete information about you and your business, and you authorize Urgo to share with Stripe this information and transaction information related to your use of the payment processing services provided by Stripe.
If Urgo cannot charge a credit card for any reason, Urgo reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or payments due will be made by electronic mail or by phone. Such communication may be made by Urgo or by anyone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that Urgo may charge such unpaid payments to your credit card or otherwise bill you for such unpaid payments.
You may elect to cancel your request for Services at any time prior to Professional’s arrival, in which case you may be charged a cancellation fee, which may be up to and including the entire cost of the services. For more information on this, please see our Cancelation Policy.
We always appreciate feedback and are always on the lookout for ways to improve Urgo. For feedback, comments, questions, or concerns, you can contact us at and we will return you e-mail at the soonest opportunity possible.
7. Guarantee and Warranty
Use of the Urgo Platform is at your sole risk. All materials, information, products, software, programs, and Services are provided “as is,” with no warranties or guarantees whatsoever. Urgo expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Urgo makes no warranty or guarantee that the Urgo Platform will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
In the event that you have a dispute with one or more users, you agree to release Urgo (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Urgo Platform or participation in the Services. Additionally, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other users.
9. Limitation of Liability
IN NO EVENT WILL URGO BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE URGO PLATFORM OR ANY USE OF THE URGO PLATFORM, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE URGO PLATFORM, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF URGO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
10. Agreement to Arbitrate All Disputes and Legal Claims
Should a dispute arise between you and Urgo, we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement, either party may elect to resolve any dispute arising under this Agreement through binding non-appearance-based arbitration. The party electing arbitration must initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Any claim or potential claim that cannot be resolved informally shall be submitted to binding arbitration in the state in which the services were performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND URGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
11. Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
12. Termination of Service
Urgo reserves the right to terminate a user and/or deactivate their account at any time, for any reason. This could be for any number of reasons including but not limited to the following:
If a Professional fails to uphold a level of service or communication needed to ensure positive relationships with Customers.
If a Customer behaves negatively, outside of reasonable feedback, to a Professional.
We reserve the right to refuse access to the Urgo Platform or to any user for any reason not prohibited by law. If we terminate or suspend your right to use the Urgo Platform, you will not be entitled to any refund of unused balance in your account, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Urgo reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
15. Restrictions on Use
You may not use the Urgo Platform or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of Urgo. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without Urgo’s prior written consent.
Modification of Urgo’s content is a violation of the copyrights and other proprietary rights of Urgo or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of Urgo. The Urgo Platform and the information contained therein may not be used to construct a database of any kind. The Urgo Platform and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.
In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Urgo or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Urgo’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of Urgo or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.
16. Nature of Relationships
The Customer and the Professional performing services in connection with the Urgo Platform recognize that the Professional is an independent contractor of Urgo, and not an employee of Urgo. Each Professional and the Customer recognize that any Professional performing services is not an employee of Urgo, and is not entitled to any of the benefits normally provided to the employees of Urgo. The parties acknowledge and agree that no partnership or employment relationship can be construed by this Terms of Service. Accordingly, the Professional bears all liability that results from their provision of the services, including, but not limited to remittances for taxes, insurance, pension plan, employment insurance and workplace safety insurance. The parties agree that the Professional may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place the Professional in a conflict of interest with Urgo or the Customer. The parties also agree that no agency relationship exists between a Professional performing services under this Terms of Service, and such Professional does not, and is not authorized to, represent Urgo as its agent. The parties also acknowledge that Urgo does not oversee, supervise, monitor, train, manage, or advise the Professional performing services hereunder, nor does Urgo determine such Professional’s hours or schedule of work or the manner in which the work is performed.
17. No Agency
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
18. Links to Other Sites and Materials
As part of using the Urgo Platform, Urgo may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Urgo has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Urgo, and Urgo is not responsible for any Third Party Sites accessed through the Urgo Platform or any Third Party Applications, Software, or Content posted on, available through or installed from the Urgo Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by Urgo. If you decide to leave the Urgo Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Urgo Platform or relating to any applications you use or install from the site.
20. Electronic Communications
The communications between you and Urgo use electronic means, whether you use the Urgo Platform or send us emails, or whether Urgo posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Urgo in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Urgo provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to Urgo or any of its officers, employees, agents or representatives in any situation where notice to Urgo is required by contract or any law or regulation.
Any such notice must be sent to:
[INSERT PHYISICAL MAILING ADDRESS HERE][JG1]
22. Changes and Amendments to Terms
These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Urgo Platform and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Urgo Platform after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Urgo Platform with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Urgo Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.
23. General Terms
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Urgo to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
[JG1]Need to provide a physical address here.
This is in case a user wants to sue you, and it’s what constitutes “notice” for a lawsuit. Having notice via e-mail or electronically is incredibly risky. There is something called a “default judgment” where if you don’t respond to a lawsuit in the appropriate amount of time, you lose automatically. If you allow service via e-mail, there’s a chance you should be served, never receive it, and lose as a result, which is why it’s good practice to require Notices like this be sent to a physical address (usually whatever your agent for service of process is).