TERMS OF USE


Please read these terms carefully. This is a binding agreement between TaskFriend Technologies Corp. (variously referred to as “TaskFriend” "TaskCause" “we,” “us” or “our”) and a person (“you”) who has indicated their assent hereto by clicking Continue and using the TaskCause platform or similarly expressed consent agree to these terms of use and privacy terms. Any persons who access or establish a connection to the Services shall be deemed to have accepted the terms of this agreement.

• ACCESS TO THIS SITE

To access any part of this website, www.taskcause.com (the “Website”) or other software, resources or services (an of the foregoing, the “Services”), you are asked to provide registration information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. If TaskFriend believes the information you provide is inaccurate, TaskFriend may terminate or suspend your access to the Services. You agree that TaskFriend may, without prior notice for any reason or no reason, immediately terminate your account and access to the Services. You agree that all terminations may be made in TaskFriend’s discretion and that TaskFriend will not be liable to you for any termination of your account.

• PRIVACY

TaskFriend’s Privacy Policy, located at http://taskcause.com/terms-privacy, describes our collection and use of your personal and other information.

• RESTRICTIONS ON USE

You may access the Services only for your personal, non-commercial use. You may not use the Services for any other purpose. You may not, for example, (i) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal use or as specifically permitted in this agreement, without TaskFriend’s written consent, or (ii) use the Services in any harmful manner or interfere with any party’s use or enjoyment of the Services. You agree to cooperate with TaskFriend in causing any unauthorized use of the Services to immediately cease.

• OWNERSHIP

The material accessible from this Website and App, including text, data, images, interfaces and other materials or works of authorship (the “Content”) is owned or licensed by TaskFriend. TaskFriend and its licensors own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of TaskFriend, except that you may print out limited portions of the Content solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

• CONTENT SUBMISSIONS

You retain ownership of all text, photos, graphics, or other material submitted or communicated to TaskFriend through this Website or the Services (together, the “Submission”). You hereby grant to TaskFriend the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. TaskFriend will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or other payment, and will not assume any liability as a result of any similarities that may appear in future TaskFriend operations. You represent that you own or otherwise possess all of the rights to any Submissions.

You may not post, send, submit, publish, or transmit in connection with the Services any material that (i) you do not have the right to post, including proprietary material of any third party, (ii) advocates illegal activity or discusses an intent to commit an illegal act, (ii) is vulgar, obscene or threatening, (iv) libels, defames, or invades the privacy of other users, (v) does not pertain directly to the subject matter of the Services or advertises another product or service, includes programs that contain viruses, worms, or any other malicious computer code, or (vi) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

TaskFriend reserves the right to monitor use of the Website to determine compliance with this agreement, as well the right to remove or refuse Submissions for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions.

• HYPERLINKS

The Website may include hyperlinks to other websites that are not owned or operated by TaskFriend. These links are provided for your convenience, and TaskFriend may receive commissions or other financial compensation from the owners of these websites. Hyperlinks are to be accessed at the your own risk. TaskFriend has no control over other websites and is not liable for any content, advertising, products, services or other materials on or available from those websites. Nonetheless, we wish to protect the users of the Website, and we therefore invite feedback about websites that are linked from this Website.

• DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE TO COPYRIGHT OWNERS

TaskFriend owns, protects and enforces copyrights in its own creative material and respects the copyrights of others. Materials may be made available on the Services, or via the Services, by third parties not within the control of TaskFriend. It is our policy not to permit materials known by us to be infringing to remain on this Website.

In accordance with the Digital Millennium Copyright Act, or “DMCA” (summary here), you should notify us promptly if you believe any materials displayed within the Services infringe your copyright. Regardless of whether we are liable for such infringement, our response may include removing or disabling access to material claimed to be infringing activity and/or terminating the alleged infringer’s access to the Website. If we remove or disable access in response to your notice, we will make a good-faith attempt to contact the person who submitted the material so that they may have the opportunity to submit a counter notification.

Please send all notices to TaskFriend at 11414 W PARK PL., STE 202, MILWAUKEE, 53224

Your notice of alleged copyright infringement should include:
• A description of how your copyrighted work or other intellectual property has been infringed;
• A description of where the infringing material is located on the Website;
• Where we can contact you and, if different, where the allegedly infringing party can contact you;
• A statement that you believe that the use of the material is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
• A statement, under penalty of perjury, that the information in the notification is correct and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
• Your electronic or physical signature.

Please note that under the DMCA, misrepresentations made in your notices or counter notices can expose you to liability for substantial damages. If you are not sure whether material available on the Website infringes your copyright, or whether material posted by you is infringing, you should seek legal advice.

• SECURITY AND SECURITY VIOLATIONS

Passwords used to access the Services are for individual use only. You are responsible for the security of your own password and for all activities that occur through the use of your account if accessed with your password, including liability for damages resulting from misuse. If you use a password that TaskFriend considers insecure, TaskFriend may require you to change the password or terminate your account.

You may not attempt to violate the security of the Services, or use the Services to violate the security of other persons or websites or to violate the law, including by: (i) accessing data not intended for you or logging into an account that you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, (iii) attempting to interfere with service to any user, host or network, including without limitation, by submitting a virus to the Services, overloading, conducting “denial of service attacks,” “flooding,” “spamming,” “mail bombing” or “crashing,” (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, (v) forging any TCP/IP packet header or any part of the header information in any e-mail, or (vi) attempting to decipher, decompile, disassemble or reverse engineer any of the software making up any part of the Services.

TaskFriend will take all reasonably necessary steps to investigate suspected violations of this agreement. TaskFriend reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing TaskFriend to disclose the identity of anyone engaging in conduct that is believed to violate the law. TaskFriend further reserves the right, in its discretion, to release your details to system administrators at other sites in order to assist them in resolving security incidents.

You release and hold harmless TaskFriend from and against any claims resulting from any action taken by TaskFriend during or as a result of its investigations and from any actions taken as a consequence of investigations by either TaskFriend or law enforcement authorities.
Please review the following section with particular care, as they affect your rights significantly.

• IMPORTANT DISCLAIMERS

Your use of the services is at your own risk. The services are provided on an “as is” and “as available” basis. TaskFriend disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

By way of illustration, and without limiting the generality of the disclaimer in the paragraph above, the TaskFriend disclaims any warranty that:
• The Services will be uninterrupted or error-free, or that defects will be corrected;
• The Website or the server that makes it available are free of viruses or other harmful components; or
• The Content is accurate or free of typographical errors.

TaskFriend provides a platform to bring together people to who have services to offer and those who are looking for people to provide services, and to facilitate transactions between willing parties. However, TaskFriend does not evaluate or vouch for the qualifications or backgrounds of its users and does not warranty or assume responsibility for the services provided by people or organizations who post on the Website. We advise you to exercise due care and caution, just as you would in any interactions with persons not personally known to you.

• LIMITATION ON LIABILITY

You agree that TaskFriend will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if TaskFriend has been advised of the possibility of such damages.

In no event will the liability of TaskFriend and its employees, agents, officers and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $500 or the amount that you have paid to TaskFriend for the services during the most recent 12-month period.

• INDEMNIFICATION

To the maximum extent permitted by law, you shall defend, indemnify and hold harmless TaskFriend, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from and against all third-party claims, liabilities and expenses, including legal fees and costs, arising out of your use of the Services or your breach of any representation contained in or other provision of this agreement. TaskFriend reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You will cooperate as fully as reasonably required in the defense of any claim.

• AMENDMENT

This agreement constitutes the entire agreement between the parties relating to the subject matter contained herein. The TaskFriend may modify this agreement at any time by posting the revised terms on the Website and providing you with the opportunity to accept or reject the modifications during your next sign-on to the Services. If you do not agree to the modifications, you may be required to cease your access to the Services.

• MISCELLANEOUS

This agreement is governed and will be interpreted pursuant to the laws of the State of Illinois, United States of America, without regard to its choice of law rules. The parties agree that the exclusive venue for any dispute between arising out of this agreement will be in, and specifically consent to the personal jurisdiction of, the state and federal courts located in Chicago, Illinois. If any part of this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notices or other communications permitted or required hereunder will be in writing and given by TaskFriend via e-mail, to the address that you provided when registering for the Services, and will be effective upon transmission.

Marketplace Service Provider Agreement

This Marketplace Service Provider Agreement (“Agreement”) is by and between Braintree, a division of PayPal, Inc. (“Braintree”), and you, a Merchant who Braintree has separately approved in writing to be a Marketplace Service Provider (“MSP”). This Agreement applies to you in addition to the Braintree Payment Services Agreement. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change, we will provide you with 30 Days’ prior notice of Substantial Change by posting notice on the “Policy Updates” page of our website.

1. Marketplace Services. Braintree’s Marketplace APIs (“Marketplace APIs”) enable MSP to submit payments to Braintree from sellers (“Sub-Merchants”) that are transacting on MSP’s platform. The payments will be processed by Braintree and split between MSP and Sub-Merchant, as directed by MSP. MSP may not submit payments to Braintree for processing using the Marketplace APIs for sellers or other third parties that are not transacting on MSP’s platform.

2. Sub-Merchant Information. MSP shall sign-up Sub-Merchants on its website or Application using the Marketplace APIs. MSP shall collect and submit to Braintree certain information, as requested by Braintree, to help verify the Sub-Merchant’s identity and comply with other legal or compliance requirements. This information includes, but is not limited to, Sub-Merchant’s (a) first name, (b) last name, (c) address, (d) date of birth, (e) and email address if Braintree is dispersing payments to Sub-Merchants through Venmo, and/or bank account and routing number if Braintree is dispersing payments to Sub-Merchants through their bank accounts. If the Sub-Merchant is a registered company, the created merchant call will also include the Business section with legal name, tax ID, address and optionally the DBA name. This is in addition to the individual details. MSP shall promptly notify Braintree of any changes to such information to ensure the continued accuracy of the data submitted. To the extent requested by Braintree, MSP will verify and confirm information submitted by each Sub-Merchant and provide additional information as needed. All Sub-Merchants are subject to Braintree’s continuing approval, and may be terminated in accordance the Braintree’s Payment Services Agreement.

3. Customer Support. MSP shall provide customer support to its Sub-Merchants and customers of the Sub-Merchants, as applicable based on MSP’s terms of service. Braintree is only responsible for providing customer support directly to MSP.

4. Liability. MSP agrees that it shall be jointly and severally liable for all fees, fines, chargebacks, refunds and other expenses caused by or related to the acts or omissions of its Sub-Merchants. MSP agrees to reimburse Braintree, a Sub-Merchant, or a third party for any and all such liability incurred by the foregoing party. MSP will indemnify, defend and hold harmless Braintree from any claims, losses and liabilities arising out of or related to MSP’s use of the Marketplace API, including but not limited to the acts or omissions of a Sub-Merchant.

5. Terms of Service. MSP is responsible for vetting Sub-Merchants to ensure that they are in compliance with the Braintree Payment Services Agreement. MSP shall include in its Terms of Service, agreed to by Sub-Merchants, and ensure the Sub-Merchant acceptance of the following: * “[MSP NAME] uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/payment-services-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/bank-agreement.”

6. Tax Reporting. Braintree will provide pre-generated 1099-K tax forms for Sub-Merchants as required by the IRS. MSP will distribute these 1099-K tax forms to Sub-Merchants. MSP will cooperate with Braintree in securing additional information needed from Sub-Merchants to satisfy IRS reporting obligations, including but not limited to Sub-Merchant’s bank account and routing numbers and Tax ID or Social Security Number. MSP will provide Sub-Merchant transaction activity reports as reasonably requested.

7. Commercial Entity Requirements. If MSP has a Sub-Merchant whose annual sales reaches or exceeds $100,000, the Sub-Merchant is required to obtain a separate merchant account. MSP agrees to provide assistance to Braintree as required to allow the Sub-Merchant to take the steps necessary to meet this requirement, or MSP will remove the Sub-Merchant from MSP’s Marketplace.

8. Audit. Upon request, MSP shall provide Braintree or its auditors with reasonable access to MSP’s facilities for the purpose of performing an inspection of its books, records and/or systems to ensure compliance with the terms of this Agreement.

9. Venmo. In order for Braintree to disperse payments to Sub-Merchants via Venmo, MSP hereby agrees to the Venmo User Agreement here: https://venmo.com/legal/us-user-agreement/. MSP hereby authorizes Braintree to share MSP’s business name, email address, telephone number and password (if MSP specifies a password) with Venmo to create MSP’s Venmo account. MSP hereby grants Braintree access to MSP’s Venmo account for the purposes of facilitating disbursements, disputes, and reversals of funds.

• CONTACT AND FEEDBACK

We welcome and encourage feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback at http://taskcause.com/contact-us. You agree that all Feedback will become the sole and exclusive property of TaskFriend and you hereby irrevocably assign to TaskFriend all of your right, title, and interest in and to all Feedback, including all worldwide patent rights, copyright rights, trade secret rights, and all other applicable proprietary or intellectual property rights.

Last updated: 5/21/2020