ENTERPRISE TERMS OF USE

Hi. Welcome to our Terms and Conditions page. 

These Terms of Services govern your use of the Services and are in force from the moment that you accept them and until you cease to use the Services (the “Term”).

Last updated : February 8, 2023

These Terms of Service constitute a legally binding agreement between you and Townsquare ( “Townsquare” ) governing your use of the Townsquare Platform. Townsquare’s websites (including www.Townsquaremtl.com and related services, information and communications are collectively referred to as the “Townsquare Platform.”

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

Your consent at registration and continued use of the Townsquare Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Global Terms of Service, the Privacy Policy, and any future amendments and additions to this Agreement (as defined below) we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Townsquare Platform.

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

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

PLEASE NOTE: SECTION 28, WHICH CONTAINS JURISDICTION-SPECIFIC PROVISIONS, SPECIFIES HOW USERS AND TOWNSQUARE RESOLVE DISPUTES. FOR CANADIAN USERS, SECTION 28 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST TOWNSQUARE 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 USING THE TOWNSQUARE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, AS APPLICABLE FOR CANADIAN USERS, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.

Your use of the Townsquare Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country.

A few highlights of these Terms of Service include:

  • You must be at least the legally required age in the jurisdiction in which you reside (18 years old for Canadian users), and otherwise capable of entering into binding contracts, in order to use or access the Townsquare Platform (Section 2).

  • Your agreement that the technology for the Townsquare Platform is provided “as is” and without warranty (Section 17).

  • Your agreement that Townsquare provides no warranty and has no liability regarding User action on the Townsquare Platform or the performance of Hired Tasks (Section 17).

  • Your acknowledgment and agreement that Townsquare does not supervise, scope, direct, control, or monitor a Hired Tasker’s work and the Hired Tasks performed (Section 1).

  • Your acknowledgement and agreement that Clients are solely responsible for determining if the Hired Tasker they hire is qualified to perform the Task (Sections 1 and 23).

  • Your acknowledgement and agreement that Hired Taskers are independent contractors of Clients and not employees, independent contractors or service providers of Townsquare(Section 1).

  • Your agreement to hold harmless and indemnify Townsquare from claims due to your use of or inability to use the Townsquare Platform or content submitted from your account to the Townsquare Platform (Section 18).

  • For Canadian Users, your agreement to arbitrate disputes with Townsquare on an individual basis to the fullest extent permitted by applicable law.

 

1. The Townsquare Platform Connects Hired Taskers and Clients

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

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

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

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

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

2. Hired Tasker Background Checks and User Representations and Warranties

Hired Taskers may be subject to a review process before they can register for and during their use of the Townsquare Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate ( “Background Checks” ). Although Townsquare may perform Background Checks, Townsquare cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

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

NEITHER TOWNSQUARE, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE TOWNSQUARE PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE TOWNSQUARE AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TOWNSQUARE PLATFORM.

All Users represent and warrant that:

  • You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for Canada based users), and are otherwise capable of entering into binding contracts;

  • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;

  • You have read, understand, and agree to be bound by these Terms of Service, the Privacy Policy,  applicable to the country where the Hired Task is performed;

  • Hired Tasks shall only be performed in a country where the Townsquare Platform has a presence.

  • You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Hired Task or any interaction by or with any User and/or Townsquare in connection with the Townsquare Platform without the prior written consent of Townsquareand/or the relevant User, as applicable;

  • You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Hired Tasker or Client as the case may be, and only utilize the third party payment service provider specified or approved by Townsquare to make or receive payment for services provided through the Townsquare Platform 

  • You will act professionally and responsibly in your interactions with other Users;

  • You will use your real name or business name on your profile;

  • When using or accessing the Townsquare Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;

  • You will not use the Townsquare Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.

  • Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

  • Other than as fully and promptly disclosed in writing to Townsquare, you do not have any motivation, status, or interest that Townsquare may reasonably wish to know about in connection with the Townsquare Platform, including without limitation, if you are using or will or intend to use the Townsquare Platform for any journalistic, academic, investigative, or unlawful purpose.

Hired Taskers additionally represent and warrant that:

  • When using the Townsquare Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;

  • You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Townsquare Platform, and maintain an independent clientele;

  • You have the unrestricted right to work in the jurisdiction in which you will be performing Hired Tasks;

  • If the Hired Task is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;

  • You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Hired Tasks (including but not limited to a Province contractor’s license pursuant to Quebec Business and Professions Code, if such license is applicable to the Hired Task you are performing);

  • You have any and all insurance required to operate your business and provide your services;

  • You will use your real name or business name and an up-to-date photo on your profile;

  • You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Hired Task(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;

  • You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.

 

3. Contract between Clients and Hired Taskers

You acknowledge and agree that a legally binding contract with another User (the “ Service Agreement ” ) is formed when you and that User agree on the terms of a Hired Task. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Townsquare Platform, and any other contractual terms accepted by both the Hired Tasker and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Townsquare’s obligations or restrict Townsquare’s rights under this Agreement. Townsquare is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Townsquare and the Hired Tasker, nor will it create an employment relationship between the Client and the Hired Tasker. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Townsquare.

Where approved in advance by the Client,  the Hired Tasker is not obligated to personally perform the Hired Task. Hired Taskers may engage assistants, helpers, subcontractors or other personnel (collectively “Hired Tasker Assistants” ). For safety reasons, such Hired Tasker Assistants shall have been registered through the Townsquare Platform. A Hired Tasker’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the Townsquare Platform. The Hired Tasker assumes full and sole responsibility for the acts and omissions of such Hired Tasker Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Hired Tasker Assistants, if any, and for all required and applicable tax withholdings as to such Hired Tasker Assistants. Clients are responsible for confirming with their Hired Tasker that any Hired Tasker Assistants are registered Hired Taskers on the Townsquare Platform.

While using the Townsquare Platform, Clients, in their sole discretion, determine whether they will be present or not when a Hired Task is performed. Clients agree that if someone other than them books the Hired Task on their behalf or is present in their stead when the Hired Task is performed, they are appointing that person as their agent ( “ Client’s Agent ” ) and the Hired Tasker may take and follow direction from the Client’s Agent as if such direction was given from the Client him- or herself. If you are a Client’s Agent and accessing and using the Townsquare Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client’s Agent may authorize any applicable waiver of the Client’s scoping, direction, or instruction of the Hired Tasker’s work or performance of the Hired Task in the Client’s stead. Client agrees that such direction and/or waiver is valid against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents. 

The Client shall pay Townsquare in full for all Hired Task services with wave Invoice or the Townsquare website as indicated on the Townsquare Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Task.

4. Billing and Payment

Users of the Townsquare Platform contract for Hired Tasks directly with other Users. Townsquare will not be a party to any contracts for Hired Tasks or services. Client, and not Townsquare, is responsible for payment for all Hired Task services through the Townsquare Platform.  Such payment must be made via the Wave Invoice sent by Townsquare. Townsquare is responsible for accurately invoicing their Clients within 24 hours of the work being performed and finalized. Clients will be responsible for paying the invoice(s) for each Hired Task (the “Invoice(s)” ), which will include (a) the pricing terms of the Hired Task provided by Townsquare and agreed upon by the parties ( “Hired Task Payment” ), (b) any out of pocket expenses agreed upon by the parties and submitted by Townsquare in connection with the Hired Task,  or (c) cancellation charges, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s), and all such tips or gratuities shall go directly to the Hired Tasker. Clients are required to pay their wave invoice provided by Townsquare upon completion of the Hired Task no later than 72 hours (3 days) from the moment the Client receives the Wave Invoice.

To help prevent fraud and safeguard User information from the risk of unauthorized access, Townsquare may validate an account before activation and prior to each booking. 

When Client receives confirmation through the Townsquare Platform or via email that a Hired Task has been completed, Client automatically authorizes Townsquare to process the Invoice(s). Clients may be billed a one-hour cancellation charge as damages at the Hired Tasker’s hourly rate by Townsquare if you book a Task, but cancel it within one hour of the scheduled time for performance.

Townsquare reserves the right (but not the obligation) upon request from Client or Hired Tasker, or upon notice of any potential fraud, unauthorized charges or other misuse of the Townsquare Platform, to place on hold any Hired Task Payment, out of pocket expenses, and/or tip or gratuity (if applicable), or refund or provide credits.

Users of the Townsquare Platform may be liable for any taxes or similar charges required to be collected and/or paid on the Hired Tasks and/or fees provided under the Agreement.

In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you.  You agree that Townsquare may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.

5. Contests, Gift Cards, and Promotional Codes

Townsquare may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Townsquare, and can be implemented, modified, or removed at any time by Townsquare without advance notification. The liability of Townsquare and Affiliates, as well as any of Townsquare’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 17 of these Terms of Service.

Townsquare gift cards ( “Gift Cards” ) and promotional codes ( “Promo Codes” ) may be available and can be used to pay Hired Task Payments and the Townsquare service charge and Trust & Support fee in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips or gratuity associated with a Hired Task provided through the Townsquare Platform.

Promo Codes are an offer by Townsquare to reduce the amount a Client has to pay in relation to a Hired Task Payment, service charge, and/or Trust & Support fee. Promo Codes will not affect the amount of the Hired Task Payment a Hired Tasker ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between Townsquare or the Hired Tasker or Client, or constitute wages, fees or other amounts paid to the Hired Tasker. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once per User, regardless of the email address used during registration. Townsquare reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.

Gift cards can only be used in connection with Hired Tasks performed on the Townsquare Platform, are not replaceable if lost or stolen, and have no expiration date. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Client account; they may not be directly accepted by Hired Taskers as a payment method.

A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or add value/balance) to your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Townsquare reserves the right to correct the balance of a Gift Card if Townsquare believes that a billing error has occurred. Townsquare reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.

You agree to comply with all Gift Card terms and conditions.

6. Public Areas; Acceptable Use

The Townsquare Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, task postings, chat areas, news groups, forums, communities and/or other message or communication facilities ( “Public Areas” ) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Townsquare Platform, you should not share your personal contact information with other Users.

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

  • To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Townsquare staff;

  • To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;

  • To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Townsquare;

  • To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Townsquare or its Users’ computers;

  • To advertise or offer to sell any goods or services for any commercial purpose through the Townsquare Platform which are not relevant to the Hired Task services;

  • To post or complete a Hired Task requiring a User to (i) purchase or obtain gift cards or money orders (ii) purchase high value items (over $300 / 300£ / 300€, as applicable in your country) without obtaining pre-authorization from Townsquare, (iii) travel into different countries during the performance of a Hired Task, (iv) provide ridesharing or other peer to peer transportation services, (v) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (vi) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Townsquare in its sole discretion;

  • To conduct or forward surveys, contests, pyramid schemes, or chain letters;

  • To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments (except as may be permitted under Section 3 for Client’s Agent).

While using the Townsquare Platform, you may not:

  • Use the Townsquare Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Hired Task in violation of local, state, provincial, national, or international law;

  • Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;

  • Post the same Hired Task repeated ly (“spamming”);

  • Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Townsquare Platform;

  • Restrict or inhibit any other User from using and enjoying the Public Areas;

  • Imply or state that any statements you make (whether on or off the Townsquare Platform) are endorsed by Townsquare, without the prior written consent of Townsquare;

  • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Townsquare Platform, or the electronic addresses or personal information of others, in any manner;

  • Frame or utilize framing techniques to enclose the Townsquare Platform or any portion thereof;

  • Hack or interfere with the Townsquare Platform, its servers or any connected networks;

  • Adapt, alter, license, sublicense or translate the Townsquare Platform for your own personal or commercial use;

  • Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Townsquare and Affiliates;

  • Upload content to the Townsquare Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;

  • Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;

  • Solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Townsquare Platform as set forth herein;

  • Collect usernames, email addresses, or other personal information of Users by electronic or other means;

  • Use the Townsquare Platform or the Hired Task services in violation of this Agreement;

  • Use the Townsquare Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Townsquare’s trade secret information for public disclosure or other purposes;

  • Attempt to circumvent the payments system or service charge or Trust & Support  fee in any way including, but not limited to, making or processing payments outside of the Townsquare Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;

  • Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;

  • Cause any third party to engage in the restricted activities above; or

  • Use tools with the goal of masking your IP address (like the TOR network).

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

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

8. Deactivation and Suspension

Townsquare may suspend your right to use the Townsquare Platform pending its investigation of a potential breach by you of this Agreement. Townsquare may deactivate your account or limit your use of the Townsquare Platform upon its determination that you breached a provision of this Agreement (a “User Breach” ). Townsquare will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety .  If you wish to appeal this determination, please contact townsquaremtl@gmail.com  within 14 days of receipt of such notice with the grounds for your appeal .

If Townsquare suspends or deactivates your account or limits your use of the Townsquare Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

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

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

You may terminate this Agreement at any time by ceasing all use of the Townsquare Platform and deactivating your account.

9. Account, Password, Security, and Telephone Communications

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

You acknowledge that telephone calls to or from Townsquare, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.

You verify that any contact information provided to Townsquare, its agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Townsquare before the change goes into. If the change regards ownership of your telephone numbers, you may notify Townsquare by texting STOP to any text message sent to the retiring phone number.

10. User Generated Content

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

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

The Townsquare Platform hosts User Generated Content relating to reviews and ratings of specific Hired Taskers ( “Feedback” ). Feedback is such User’s opinion and not the opinion of Townsquare, and has not been verified or approved by Townsquare. You agree that Townsquare is not responsible or liable for any Feedback or other User Generated Content. Townsquare encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted . Townsquare is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Feedback. You may request removal of a review that violates this Agreement or the Townsquare Ratings and Reviews Policy by contacting the Support team at help.tr.co. Each Client should undertake their own research prior to booking to be satisfied that a specific Hired Tasker has the right qualifications for a Hired Task.

Townsquare respects the personal and other rights of others, and expects Users to do the same. Townsquare is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.

If a User believes, in good faith, that any User Generated Content provided on or in connection with the Townsquare Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Townsquare. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify Townsquare. 

11. Links to Third-Party Websites

The Townsquare Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Townsquare or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Townsquare Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Townsquare does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Townsquare is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Townsquare has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Townsquare Platform at its sole discretion.

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 such third-party websites at your own risk. Townsquare expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Townsquare Platform. You hereby agree to hold Townsquare harmless from any liability that may result from the use of links that may appear on the Townsquare Platform.

12. Townsquare Operates as an Online Marketplace

Townsquare operates as an online marketplace that connects Clients with service providers (Hired Taskers) who wish to perform a variety of Hired Tasks. Townsquare does not perform Hired Tasks and does not employ people to perform Hired Tasks. Hired Taskers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the Townsquare Platform. Townsquare does not control or direct the Hired Taskers’ performance of their services or set their work locations, work hours, or terms of work. Hired Taskers provide services under their own name or business name, and not under Townsquare’s name. Hired Taskers provide their own tools and supplies to perform their services; Townsquare does not provide the tools or supplies. Hired Taskers are free to maintain a clientele without any restrictions from Townsquare and are free to offer and provide their services elsewhere, including through competing platforms. Hired Taskers are free to accept or reject Clients and contracts. Hired Taskers are not penalized for rejecting Clients or contracts, though if Hired Taskers accept a Client or contract through the Townsquare Platform, they are expected to fulfill their contractual obligations to their client. Hired Taskers set their own rates for services performed in the Townsquare general marketplace, without deduction by Townsquare.

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

13. Insurance

Townsquare is not liable for the acts or omissions of Users, nor does Townsquare provide insurance against any losses sustained by Users. 

14. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, that Users see or read through the Townsquare Platform is owned by Wix, excluding User Generated Content, which Users hereby grant Townsquare a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed.

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

15. Copyright Complaints and Copyright Agent

Townsquare respects the intellectual property of others and expects Users to do the same.

16. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Townsquare and agree that you will not, for the lifetime of your account on Townsquare plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Townsquare Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Townsquare in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Townsquare promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.

The term “Confidential Information”  shall mean any and all of Townsquare’s trade secrets, confidential and proprietary information, and all other information and data of Townsquare that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Townsquare or Townsquare’s business, operations or properties, including information about Townsquare’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

17. Disclaimer of Warranties

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

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

Notwithstanding any feature or service that a Client may use to expedite Hired Tasker selection, each Client is responsible for determining the Hired Task and selecting or otherwise approving their Hired Tasker and Townsquaredoes not warrant any goods or services purchased by a Client and does not recommend any particular Hired Tasker. Townsquare does not provide any warranties or guarantees regarding any Hired Tasker’s ability, professional accreditation, registration or licensure.

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

UNDER NO CIRCUMSTANCES WILL TOWNSQUARE AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE TOWNSQUARE AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM  ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY TOWNSQUARE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE TOWNSQUAREPLATFORM OR THE HIRED TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.

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

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

18. Indemnification

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

19. 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 Townsquare Platform, your relationship with Townsquare, Hired Tasks, or this Agreement (including previous versions), ( “Dispute” ), you and Townsquare agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement ( such as mediation or arbitration) or court proceeding  (except as may be set forth in Section 28). Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Townsquare. Townsquare’s address for such notice is

Attention: Legal Townsquare,

PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW THE JURISDICTION-SPECIFIC SECTION APPLICABLE TO YOU BELOW. IF YOU ARE A USER IN THE U.S. OR CANADA, IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER 

20. App Store-Sourced Apps

The following applies to any App accessed through or downloaded from the Apple App Store 

You acknowledge and agree that (i) the Agreement is entered into between you and Townsquare only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Townsquare, not Apple, is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.

In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Townsquare and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Townsquare, subject at all times to warranty limitations and exclusions set forth in this Agreement.

You and Townsquare acknowledge that, as between Townsquare and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Townsquare acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, as between Townsquare and Apple, (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.

You and Townsquare acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.

21. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

22. General Provisions

Failure by Townsquare to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Townsquare with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Section 28A.  The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) Townsquare shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace Townsquare for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 22 shall be null and void. This Agreement will inure to the benefit of Townsquare, its successors and assigns.  All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Townsquare Platform.

23. Licensing

Hired Taskers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Hired Tasks. Indeed, certain types of Hired Tasks and services may be prohibited altogether, and it is the responsibility of Hired Taskers to avoid such prohibited Hired Tasks and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Hired Tasks and services on the Townsquare Platform, you should first seek appropriate legal guidance.

Because Townsquare does not supervise, scope, direct, control, or monitor a Hired Tasker’s work or performance of Hired Tasks, Clients must determine for themselves whether a Hired Tasker has the skills and qualifications necessary to perform the specific Hired Task at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Hired Tasks are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Hired Tasker any specific hazards, obstacles, or impediments in the Hired Task location (both visible and concealed) that may impact the performance of the Hired Task.

24. Changes to this Agreement and the Townsquare Platform

Townsquare reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy, and Satisfaction Pledge) and review, improve, modify or discontinue, temporarily or permanently, the Townsquare Platform or any content or information through the Townsquare Platform at any time, effective with or without prior notice and without any liability to Townsquare. Townsquare may also impose limits on certain features or restrict your access to part or all of the Townsquare Platform without notice or liability.

Townsquare will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Townsquare Platform. Your continued use of the Townsquare Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.

25. No Rights of Third Parties

The provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.

26. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices” ) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this 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; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.

If you have any questions about these Terms of Service or about the Townsquare Platform, please contact us by email

27. Consent to Electronic Signatures

By using the Townsquare Platform, you agree to transact electronically through the Townsquare Platform. You also agree to the following: (i) 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; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

28. Jurisdiction-specific Provisions , including Dispute Resolution

To the extent that there are any discrepancies or inconsistencies between the Global Terms of Service and the following jurisdiction-specific provisions, the jurisdiction-specific provisions shall prevail, govern and control for Users in those jurisdictions.

I. Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND TOWNSQUARE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU AND TOWNSQUARE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

(a) Agreement to Binding Arbitration

Except where prohibited by law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute” ), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules, a current copy of which are available here  (the “ ADR Rules ”). In accepting these Terms of Service, you acknowledge receipt of and a reasonable opportunity to review the ADR Rules. Under the ADR Rules, there is a fee associated with filing for arbitration in respect of a Dispute; applicable filing fees will be as set out in the ADR Rules. By way of example, as of August 2020, the filing fee under the ADR Rules is $350 + taxes (for Disputes involving between $0-$10,000); and $600 + taxes (for Disputes involving between $10,000-$75,000).

If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. For greater certainty, neither Hired Taskers nor Clients shall commence or participate in a class proceeding or other aggregate action in respect of any Dispute, except and to the extent that provincial consumer protection legislation expressly preserves such an entitlement in the context of the particular Dispute.

The seat of the arbitration shall be the same as the province in which the Hired Tasker performs the majority of the Hired Task services and the applicable arbitration legislation in the seat shall apply to the Dispute. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial.

All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought; however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts. The arbitration be conducted in English, except in Quebec, where the arbitration shall be conducted in either English or French at the election of the Hired Tasker.

A party to this Agreement may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.

Notwithstanding anything to the contrary in this Section, nothing in this Section prevents a Hired tasker from making a report to or filing a claim, application or charge with the applicable governmental or administrative agency or tribunal, including, as applicable, the applicable Ministry of Labour, human rights commission or tribunal, and labour relations board, (cumulatively, “administrative agencies”) if the terms of applicable legislation entitles you to do so and precludes exclusive pre-dispute recourse to arbitration. For the avoidance of any doubt, administrative agencies do not include provincial or federal courts.

II. Telephone Communications and Agreement to be Contacted

By providing your mobile phone number and using the TownsquarePlatform, you hereby affirmatively consent to use of your mobile phone number for calls and recurring text messages, (including with an autodialer and/or prerecorded voice) by Townsquare and Affiliates, or from independent contractors (including Hired Taskers) in order to (a) perform and improve upon the Townsquare Platform, (b) facilitate the carrying out of Hired Tasks through the Townsquare Platform, and (c) provide you with information and reminders regarding your registration, orientation, upcoming Hired Tasks, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Hired Tasks and/or in follow up to any push notifications delivered through our mobile application. Message frequency varies.  Carriers are not liable for delayed or undelivered messages. Townsquare will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from Townsquare by modifying your account settings on the Sites or Apps, texting “STOP” in response to any texts, or by emailing and specifying you want to opt-out of texts. You may opt-out of receiving calls from Townsquare by stating that you no longer wish to receive calls during any call with us, or by emailing and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.

III. Worker Classification and Withholdings

Townsquare does not employ Hired Taskers. Townsquare is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, HST/QST/GST/PST, unemployment or employment insurance, Canada Pension Plan, social security, disability insurance or any other applicable federal or provincial withholdings in connection with a User’s use of the Townsquare Platform. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

IV. Media and User Generated Content

To the extent permitted by law, you hereby grant Townsquare a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Townsquare (collectively, “Media” ) in exchange for use of the Townsquare Platform, in any media now known or not currently known in order to market, operate, and improve upon the Townsquare Platform, including but not limited to the right to the following:

  • Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;

  • Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Townsquareor that Townsquare takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;

  • Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Townsquare Platform or any Townsquare promotional campaigns;

  • Use, and permit to be used, such User’s Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Townsquare Platform in any media, in any format and through any distribution channels; and

  • Use, and permit to be used, such User’s name and identity in connection with the Townsquare Platform or any Townsquare promotional campaigns.

Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.

Each User acknowledges that Townsquare shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.

Each User hereby waives all rights and releases Townsquare and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with the Townsquare Platform.

V. Background Checks

If a Hired Tasker, you will promptly disclose to Townsquare 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 Townsquare Platform.

VI.Governing Law

Except as expressly provided otherwise, this Agreement and your use of the Townsquare Platform will be governed by, and will be construed under, the laws of the Province of Ontario, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Ontario law to interpret this Agreement and is not intended to create any substantive right to non-residents of Ontario to assert claims under Ontario law whether by statute, common law, or otherwise.

29. Acknowledgement and Consent

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