Company LogoRush OnDemand

Service Provider End User License Agreement

END-USER LICENSE AGREEMENT (SERVICE PROVIDERS) Effective Date: 12/7/2025 Last Updated: April 29, 2026 This End-User License Agreement ("Agreement") is a legal agreement between you ("Service Provider," "Contractor," "you," or "your") and RUSH ONDEMAND, INC., a Florida corporation (“Company,” “we,” “us,” or “our”) for the use of the Rush OnDemand web application and related services (the "Application" or "Platform"). Capitalized terms used but not defined in this Agreement have the meanings given to them in the Rush OnDemand Master Glossary and the Rush OnDemand Terms of Service (collectively with this Agreement, the “RODI Agreements”), which are reference and made available at by emailing privacy@rushod.com. This Agreement supplements, and is subject to, the Terms of Service, Privacy Policy, and Cookie Policy. In the event of any conflict, the Terms of Service control for all matters relating to Platform use, including disclaimers, limitations of liability, indemnification, dispute resolution, insurance, privacy, and permitted uses. This Agreement controls only with respect to the license and use of the Application itself. incorporated herein by BY ACCESSING OR USING THE APPLICATION AS A SERVICE PROVIDER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION.

  1. GRANT OF LICENSE 1.1 License Grant. Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Application solely for your business purposes as an independent contractor providing home repair services. 1.2 Commercial Use Authorization. Unlike consumer users, you are expressly authorized to use the Application for commercial purposes in connection with your contracting business, subject to the terms herein. 1.3 Restrictions. You may not, and may not permit others to: (a) copy, reproduce, modify, adapt, translate, create derivative works of, reverse engineer, decompile, decode, disassemble, or otherwise attempt to derive or gain access to the source code, underlying structure, algorithms, or non-public APIs of the Application, Platform, or any related systems; (b) distribute, publish, transfer, assign, sell, sublicense, lease, lend, rent, outsource, or otherwise make the Application or Platform available to any third party, except as expressly permitted by this Agreement; (c) use the Application or Platform for any unlawful, harmful, fraudulent, deceptive, or unauthorized purpose, or in violation of any applicable federal, state, or local law, regulation, licensing requirement, or professional standard; (d) bypass, disable, evade, interfere with, or otherwise circumvent any security feature, authentication measure, access restriction, rate-limiting control, account-verification requirement, or monitoring mechanism deployed by the Company; (e) use, deploy, or attempt to deploy any spiders, scrapers, crawlers, bots, scripts, automated tools, data-mining utilities, or other automated or manual processes to access, query, harvest, extract, index, or collect data from the Platform, including Consumer information, service listings, internal logic, or ranking methodologies; (f) create, register, or maintain multiple accounts, impersonate another person or entity, use false identities, or attempt to access the Platform using another user’s Account or credentials; (g) remove, alter, obscure, or modify any copyright notice, trademark, confidentiality legend, proprietary designation, or other proprietary rights notice included in or displayed on the Application, Platform, or any related materials; (h) use the Platform or any data obtained through the Platform to build, train, test, develop, improve, or contribute to any competing product or service, including any artificial intelligence or machine-learning model, recommendation engine, marketplace, dispatching system, matching system, or analytics service, whether directly or indirectly; (i) attempt to discover, probe, benchmark, or analyze the performance, design, logic, prompts, safety filters, or behavior of the Company’s AI Features or ranking/matching systems, except through normal, permitted use of the Platform; (j) upload, transmit, or introduce any viruses, malware, harmful code, or other content intended to disrupt or interfere with the Platform, any Consumer, any Service Provider, or any third-party system; (k) access, use, store, disclose, or process Consumer information obtained through the Platform for any purpose other than performing the specific Service Request for which such information was provided, except as required by law or as necessary to comply with legal obligations; (l) attempt to transact with Consumers outside of the Platform, solicit off-Platform payments, or otherwise engage in Non-Circumvention conduct as defined in the Master Glossary; (m) engage in any conduct that interferes with the integrity, availability, performance, or proper functioning of the Application or Platform, as determined by the Company in its sole discretion; or (n) use the Platform in any manner that exceeds the scope of the license granted in this Agreement or that is otherwise inconsistent with the Company’s Terms of Service, Privacy Policy, Cookie Policy, Data Processing Agreement, Service Provider Agreement, or Master Glossary.
  2. SERVICE PROVIDER QUALIFICATIONS AND VERIFICATION 2.1 Professional Requirements. You represent, warrant, and covenant that, at all times during your use of the Platform: 2.1.1 Required Licenses and Authorizations. You possess, maintain, and will continue to possess and maintain all licenses, permits, registrations, certifications, approvals, and authorizations required under all applicable federal, state, and local laws to legally perform each category of services you offer through the Platform. This includes any trade-specific, occupation-specific, business-entity, or job-specific authorizations required in the jurisdiction where services are performed. You are solely responsible for determining which requirements apply to you and for remaining in full compliance at all times. 2.1.2 State-Specific Obligations. Where required by state or local law, you agree to comply with all contractor, specialty trade, professional, occupational, and home-service requirements, including but not limited to:
  • Florida Statutes Chapter 489 (contractors)
  • California Business & Professions Code (contractors, electricians, plumbers, HVAC, etc.)
  • Texas Occupations Code (contractors and skilled trades)
  • New York Department of Consumer and Worker Protection licensing requirements
  • Any local county or municipal permitting, inspection, or registration requirements applicable to the Services This subsection is illustrative only. You are responsible for identifying and complying with all applicable laws in every jurisdiction where you perform work. 2.1.3 Professional Qualifications. You have the skills, expertise, training, knowledge, staffing, and professional competence necessary to perform all Services safely, lawfully, and to generally accepted industry standards. 2.1.4 Insurance Compliance. You will maintain all insurance required by applicable federal, state, and local law (including, where required, workers’ compensation, commercial auto, and general liability insurance). The Company does not require you to maintain any particular insurance coverage beyond what is legally mandated and does not verify or validate insurance information. If you maintain any insurance, you agree to provide proof upon reasonable request from a Customer, the Company, or a regulator. 2.1.5 Employee and Subcontractor Compliance. You are solely responsible for ensuring that all employees, contractors, or subcontractors who perform Services on your behalf:
  • Meet all licensing, permitting, and legal requirements;
  • Meet all age and work-authorization requirements;
  • Are properly trained and qualified; and,
  • Comply with this EULA, the Terms of Service, and all applicable laws. Any violation by your personnel will be deemed a violation by you. 2.1.6 Building Codes, Safety, and Regulatory Compliance. You will comply with all applicable building codes, fire codes, environmental regulations, safety standards, inspection requirements, manufacturer specifications, OSHA requirements, and industry best practices for all Services performed. 2.1.7 Accuracy of Documentation. All information, documentation, and credentials you provide to the Company or upload to the Platform (including but not limited to licenses, permits, insurance information, identification, and certifications) must be accurate, complete, and kept continuously up to date. You will promptly update the Platform upon any change in status. 2.1.8 No Misrepresentation. You will not misrepresent your identity, qualifications, licensing status, insurance status, business name, employee information, pricing, or the scope or nature of any Services. 2.1.9 Legal Compliance. You will comply with all federal, state, and local laws, including but not limited to consumer protection statutes, home improvement laws, fair business practices, advertising and marketing restrictions, contract-disclosure requirements, and any state-mandated written-contract or pre-work disclosure obligations. 2.1.10 Independent Contractor. You acknowledge and confirm that you operate as an independent contractor and not as an employee, agent, partner, franchisee, or representative of the Company. 2.2 Verification Process. You agree to participate in all verification, screening, credential-review, and compliance processes that Company may require or request, in its sole discretion, at any time during your use of the Platform. Such processes may include, without limitation:
  • Providing documentation related to your licenses, permits, certifications, insurance, trade qualifications, business registrations, and any other credentials required under applicable law;
  • Providing government-issued identification for you and any employees, contractors, or subcontractors who will perform Services on your behalf;
  • Providing references, work history, proof of experience, or other information that may assist Company in determining your eligibility to access the Platform;
  • Participating in background checks, criminal history checks, identity verification, address verification, or similar screening procedures conducted by Company or its approved third-party vendors; and
  • Consenting to Company confirming, validating, and/or cross-checking any of the above information directly with licensing boards, trade registries, insurers, governmental authorities, or other relevant third parties. 2.2.1 No Guarantee, No Validation, No Duty to Monitor. You acknowledge and agree that:
  • Company is not obligated to perform any verification, background check, or credential review and may discontinue or modify any such process at any time, with or without notice;
  • Company does not guarantee, warrant, audit, or certify the accuracy, completeness, or ongoing validity of any information you provide or that Company receives from third parties;
  • Any verification conducted by Company is performed solely for Company’s internal eligibility determinations, not for the benefit of Consumers, regulators, or any other third party;
  • Company does not assume any duty to monitor your compliance with laws, obligations, or credentialing requirements; and
  • You remain solely responsible for ensuring that all of your licenses, permits, certifications, insurance, documentation, and qualifications are valid, accurate, up- to-date, and legally sufficient at all times. 2.3 Ongoing Compliance. You must promptly notify the Company of any change, lapse, expiration, revocation, suspension, investigation, insurance cancellation, loss of eligibility, or any other event that may affect your legal ability to perform Services through the Platform, including changes to trade or business licenses, contractor registrations, certifications, permits, governmental authorizations, legally required insurance policies, work authorization, your own status or the status of any employee, contractor, or subcontractor performing Services on your behalf, or any information previously provided to the Company. You acknowledge that you are solely responsible for maintaining all required credentials at all times, for monitoring compliance with all applicable federal, state, and local laws, and for renewing or updating any credentials without reliance on the Company; the Company is not responsible for tracking expirations, notifying you of compliance requirements, or monitoring ongoing eligibility, and any Company review or request for documentation does not relieve you of these obligations or constitute a waiver. The Company may, but is not required to, request updated documentation or take steps to verify your compliance at any time. Failure to maintain required credentials or to notify the Company of any change constitutes a material breach of this Agreement and may result in immediate suspension or termination of your account, withholding of payments, removal from the Platform, customer notification where legally required, and your indemnification obligations. The Company’s failure to request documentation or detect noncompliance does not waive your obligations or shift responsibility to the Company. 2.4 Insurance Requirements. You must maintain, at all times, all insurance required under applicable federal, state, and local laws for the services you provide, including, where legally mandated, workers’ compensation, automobile liability, professional or trade-specific insurance, and any other insurance required for lawful operation in your jurisdiction. You must also comply with all insurance-related obligations set forth in the Company’s Terms of Service, which are incorporated herein by reference. Although the Company may request proof of coverage, display insurance information on your profile, or request certificates of insurance, you acknowledge that the Company does not guarantee the accuracy or adequacy of insurance information and does not assume responsibility for verifying, monitoring, or enforcing your insurance compliance. Upon the Company’s request, you agree to provide accurate and current certificates of insurance and, where commercially reasonable and permitted by your insurer, to name the Company as an additional insured on a primary and non-contributory basis with a waiver of subrogation. You remain solely responsible for determining and maintaining adequate insurance to cover your operations and for ensuring full compliance with all legal and contractual insurance obligations; the Company assumes no responsibility for your failure to obtain or maintain any required coverage.
  1. INDEPENDENT CONTRACTOR RELATIONSHIP 3.1 Independent Status. You acknowledge and agree that you are operating as an independent contractor in all interactions with the Company and with Customers. Nothing in this Agreement, the Terms of Service, or your use of the Platform creates any employment, agency, joint venture, partnership, fiduciary, franchise, or similar relationship between you and the Company. Subject to applicable safety standards, building codes, and consumer protection laws, you retain control over the manner, method, timing, tools, equipment, personnel, subcontractors, and means by which you perform services, as well as over your business operations, service areas, schedules, and staffing decisions. You acknowledge that the Platform may provide guidance, recommendations, or requirements regarding pricing, service standards, response times, and professional conduct, and that your compliance with such guidance does not alter your status as an independent contractor. All services you provide are performed pursuant to a direct contractual relationship between you and the Customer. The Company facilitates connections between Service Providers and Customers but is not a party to the service contract between you and the Customer. The Company does not supervise or direct the means and methods of your work. To the maximum extent permitted by law, the Company has no responsibility or liability for your acts, omissions, representations, warranties, performance, workmanship, customer communications, disputes, injuries, failures, delays, or compliance with legal requirements, except as otherwise provided by applicable law. You are solely responsible for determining your tax obligations and for paying all federal, state, and local income taxes, employment taxes, self-employment taxes, workers’ compensation premiums, unemployment contributions, and any other taxes or assessments imposed on your operations; no withholding, contributions, or deductions will be made by the Company on your behalf. You agree that you are not entitled to—and waive any claim to—any Company employee benefits, including unemployment insurance, workers’ compensation, retirement benefits, health insurance, or any other benefit offered to Company employees under the laws of any jurisdiction. You further acknowledge and agree that you alone are responsible for complying with all licensing, insurance, safety, wage-and-hour, workplace, consumer protection, and business operation laws applicable to your services and workforce.
  2. PLATFORM USE AND CONDUCT 4.1 Professional Standards and Performance Obligations. You agree that, at all times during your use of the Platform, you will conduct your business in a professional, lawful, and commercially reasonable manner. You will: provide accurate, truthful, and complete information about your qualifications, services, prices, availability, personnel, and business operations; respond promptly to Customers and maintain reasonable communication throughout the performance of your services; perform all work in a timely, diligent, and workmanlike manner consistent with industry standards and applicable federal, state, and local laws, regulations, building codes, safety standards, trade practices, and consumer protection requirements; comply with all agreed-upon service terms, schedules, and specifications; maintain appropriate workplace safety practices; and treat all Customers, Company personnel, and other users with courtesy and professionalism. You further agree to maintain the confidentiality of any Customer information, access instructions, security codes, or other sensitive information provided to you through the Platform or in connection with a service. 4.2 Prohibited Conduct and Misrepresentations. You may not engage in any conduct that violates this Agreement, the Terms of Service, applicable laws, or generally accepted professional standards. Without limitation, you may not: provide false, misleading, incomplete, fraudulent, exaggerated, or outdated information about your credentials, services, pricing, availability, business entity, employee qualifications, or compliance obligations; misrepresent your licensing, insurance, or eligibility status; engage in any discriminatory conduct prohibited under federal, state, or local law, including discrimination based on race, color, national origin, religion, sex, disability, age, veteran status, sexual orientation, gender identity, or other protected characteristics; solicit, induce, or encourage Customers to transact or pay outside the Platform to avoid fees or circumvent the Company’s systems; accept or bid on services you cannot reasonably complete or are not legally authorized or qualified to perform; subcontract or delegate work to any person without the Customer’s express informed consent; engage in fraud, deception, harassment, abusive behavior, or conduct that could endanger persons or property; interfere with the Company’s operations, reputation, security systems, or Platform integrity; or engage in any conduct that could reasonably result in harm, loss, liability, insurance denial, or regulatory violation. You acknowledge that the Company may enforce these prohibitions and suspend or terminate your access to the Platform for violations. 4.3 Content Standards and Advertising Compliance. Any content you submit, upload, publish, transmit, advertise, display, or make available through the Platform—including business names, trade names, descriptions, photos, videos, service offerings, pricing statements, reviews, responses, messages, and marketing materials—must be truthful, accurate, professional, non-misleading, lawful, and compliant with all applicable federal, state, and local laws, including advertising, marketing, consumer protection, and unfair trade practice statutes. You may not post or transmit content that is offensive, defamatory, obscene, threatening, discriminatory, infringing, or otherwise unlawful or harmful. You are solely responsible for ensuring that all content you provide respects intellectual property rights, publicity rights, privacy rights, and all other proprietary rights of third parties. You understand and agree that the Company does not guarantee the accuracy, completeness, or reliability of any content and does not pre-screen content; however, the Company may remove or restrict any content at its discretion for legal, safety, or compliance reasons. 4.4 Customer Data Protection and Permitted Use. You agree to protect all Customer information obtained through the Platform—including names, addresses, contact information, access instructions, service details, and any other personal or confidential information—and to use such information solely as necessary to perform the specific services requested by the Customer. You may not use Customer data for purposes outside the scope of the immediate service, including marketing your own business, soliciting unrelated business, building customer lists, data mining, sharing or selling the information to third parties, or providing such information to competitors. You must comply with all federal, state, and local data privacy, data protection, and consumer protection laws, as well as the Company’s Privacy Policy, Cookie Policy, and Data Processing Agreement (as applicable). You acknowledge that the Company is not responsible for your compliance with privacy or data protection obligations, and any misuse, unauthorized disclosure, or breach of Customer data constitutes a material breach of this Agreement and may subject you to legal liability, regulatory consequences, indemnification obligations, and immediate termination from the Platform. 4.5 No Conflicting Contracts or Terms. You agree that you will not, and will not attempt to, use any separate contract, form agreement, work order, estimate, invoice, waiver, release, disclaimer, limitation of liability, or other document (collectively, “External Terms”) that conflicts with, alters, supersedes, limits, expands, or otherwise modifies the Terms of Service, this Agreement, the Privacy Policy, or any other agreement or policy incorporated by reference (collectively, the “Platform Terms”). Any External Terms you provide to Customers, whether before, during, or after service, must be consistent with the Platform Terms and may address only project-specific details such as scheduling, materials, and scope of work. To the fullest extent permitted by law, any External Terms that conflict with or purport to supersede the Platform Terms are void, unenforceable, and without effect, regardless of when or how they are presented to the Customer. You further agree that you will not require Customers to sign or accept External Terms as a condition of performing services, accessing the Platform, or receiving work, except to the extent expressly permitted by the Company in writing. Nothing in this section prohibits you from entering Customer contracts required by state or local law (such as state-mandated home improvement contracts, consumer disclosures, or written estimates), provided that such documents do not contradict the Platform Terms. In the event of any conflict between legally required disclosures and the Platform Terms, the legally required disclosures shall apply only to the extent mandated by law, and all remaining portions of the Platform Terms shall remain in full force and effect. You acknowledge and agree that any attempt to use External Terms to (i) circumvent Platform fees, (ii) shift liability to the Customer or to the Company in a manner inconsistent with the Platform Terms, (iii) disclaim or alter obligations imposed by this Agreement, or (iv) impose additional customer payment or indemnity obligations not authorized by law, constitutes a material breach of this Agreement and may result in immediate suspension or termination of your account.
  3. FEES AND PAYMENT TERMS 5.1 Platform Fees and Fee Structure. In consideration for access to the Platform, its tools, features, technology, and marketplace, you agree to pay all fees assessed by the Company, including but not limited to subscription fees, account or profile registration fees, verification or credentialing fees, transaction fees, payment processing fees, referral or matching fees, and fees for premium features or enhanced placement. You acknowledge that the Company may use third- party service providers to collect, process, or calculate such fees and that continued access to the Platform is conditioned on your timely payment of all amounts owed. 5.2 Fee Changes. The Company may modify any fees, introduce new fees, or change the fee structure at any time upon reasonable notice, which may be provided through the Platform, by email, or by updating the posted fee schedule. Your continued use of the Platform after notice constitutes your acceptance of the revised fees. You are solely responsible for reviewing fee updates before continuing to use the Platform. 5.3 Payment Processing; Authorization of Deductions. The Company may facilitate or route Customer payments to you through third-party payment processors or financial institutions, and you agree to comply with all terms and conditions imposed by such processors. You authorize the Company and its payment processors to debit, credit, withhold, delay, or settle amounts on your behalf and to deduct all applicable Platform fees, processing fees, adjustments, penalties, chargebacks, refunds, offsets, or other amounts owed before remitting funds to you. You acknowledge that the Company does not control the acts or omissions of third-party payment processors and is not responsible for downtime, delays, technical issues, processing errors, reversals, fraud, unauthorized transactions, or losses caused by such processors. 5.4 Chargebacks, Customer Disputes, and Financial Liability. You are solely responsible for all Customer disputes, refunds, reversals, insufficient-funds transactions, credit card chargebacks, ACH returns, fraud claims, or any other payment-related disputes arising from or relating to your services, conduct, or transactions. You agree that the Company may, at its discretion, withhold funds, debit your account, offset future payments, or require reimbursement from you to cover any such losses, regardless of timing, documentation, or whether the Customer’s claim is ultimately substantiated. You further agree that you are fully responsible for all costs, fees, penalties, assessments, or expenses incurred by the Company as a result of any dispute arising from your services, including but not limited to bank fees, processor fines, arbitration fees, retrieval costs, investigation expenses, legal fees, and costs of defense. The Company’s determination of your financial responsibility shall be final and binding to the maximum extent permitted by law. 5.5 Payment Failures and Late Payments. Any unpaid fees or unresolved financial obligations owed to the Company will accrue interest at the maximum rate permitted by law or, if none, 1.5% per month. The Company may suspend or terminate your account, block access to the Platform, withhold payments, or impose additional administrative fees until all outstanding amounts are paid in full. You agree that the Company may use collection agencies, legal action, or any lawful means to collect unpaid amounts and that you will be responsible for all associated costs, including attorneys’ fees. 5.6 No Withholding, Tax Responsibility, and Required Information. The Company does not withhold taxes on your behalf. You are solely responsible for all federal, state, and local taxes, business taxes, sales taxes, income taxes, self-employment taxes, workers’ compensation premiums, unemployment contributions, and any other legal or financial obligations arising from your business activities. You agree to provide accurate tax documentation when requested (including W-9, W-8BEN, or similar forms) and acknowledge that failure to do so may delay payments or result in suspension of your account. 5.7 Customer Cancellation, Trip, and No-Show Charges. Where a Customer cancels a Service Request, refuses service, fails to make the property accessible, is not present at the agreed time, or otherwise prevents you from performing the requested work after you have been dispatched, have departed for the service location, or have arrived on site, the Company may, in its reasonable discretion, assess a cancellation, trip, or no-show fee against the Customer’s payment method on file in accordance with the Terms of Service and the Consumer End-User License Agreement. The amount, calculation method, and any portion remitted to you shall be determined by the Company in its sole discretion based on factors including time, travel, fuel, scheduling impact, and the nature of the canceled work, as set forth in the Company’s then-current fee schedule. You acknowledge and agree that (a) you are not entitled to the full quoted job amount in the event of a cancellation, trip, or no-show; (b) the Company makes no guarantee that any such fee will be successfully collected from the Customer or remitted to you; (c) collection failures, chargebacks, and reversals on cancellation or trip charges are subject to the same allocation as other Customer payment disputes under Section 5.4; and (d) you may not directly invoice or collect a separate cancellation, trip, or no-show fee from the Customer outside the Platform, as doing so constitutes Non- Circumvention conduct and a material breach of this Agreement.
  4. BACKGROUND CHECKS AND SAFETY 6.1 Background Checks and Verification. You acknowledge and agree that Background Checks and credential verifications are governed by the Terms of Service, which are incorporated herein by reference. As set forth in the Terms of Service, the Company may, in its sole discretion and at any time, conduct identity verification, credential validation, criminal background checks, driving history reviews, insurance verification, or other forms of screening on you or personnel acting on your behalf. You consent to the Company and its third-party vendors performing such Background Checks and authorize all necessary disclosures, record searches, and confirmations. You further acknowledge that:(1) the Company is not required to conduct any Background Check; (2) no user has a right or expectation that any Background Check will be performed or updated; (3) any Background Check the Company elects to conduct is informational only and does not constitute a guarantee, endorsement, or assurance of your qualifications, safety, or compliance; and (4) the Company makes no warranties regarding the accuracy, completeness, or timeliness of any Background Check results. 6.2 Service Provider Compliance and Continuing Obligations. Consistent with the Terms of Service, you are solely responsible for conducting your own screenings, credential checks, and employment eligibility verification for all employees, contractors, or subcontractors who perform services or access the Platform under your account. This includes compliance with all federal, state, and local laws governing criminal background screening, driving eligibility, professional licensing, workplace safety, employee fitness, and public-facing service requirements. You must ensure that all such personnel remain qualified, licensed, insured (where legally required), eligible to perform services, and compliant with all legal and regulatory requirements at all times. Any failure to maintain such compliance constitutes a material breach of this Agreement. 6.3 Disqualification; Right to Deny or Terminate Access. The Company reserves the right, at any time and in its sole discretion, to deny, suspend, or terminate your access to the Platform based on Background Check results, compliance failures, safety concerns, misconduct, material omissions, fraud, professional violations, or any circumstance that the Company deems may pose a risk to Customers, the public, or the Company. This includes, without limitation, felony convictions, violent offenses, fraud-related offenses, sexual offenses, driving-related disqualifications (where relevant), professional licensing violations, safety hazards, or failure to meet Company standards. All decisions regarding eligibility, risk assessment, and disqualification are final to the maximum extent permitted by law. 6.4 Safety Compliance. You agree to follow all applicable federal, state, and local safety regulations and industry best practices when performing services. You are solely responsible for ensuring the safe operation of tools, vehicles, equipment, chemicals, and materials used in connection with the services you provide. You must use all appropriate personal protective equipment (PPE) and safety measures to protect yourself, Customers, third parties, and property. Nothing in this Agreement or the Platform shall be construed as the Company supervising, directing, or controlling your work or safety practices. 6.5 Incident Reporting. You must promptly report to the Company any accident, injury, Customer complaint, property damage, safety hazard, or incident that occurs in connection with your services. Where required by law, you must also report such incidents to law enforcement, regulatory agencies, or emergency services. Submitting a report to the Company does not relieve you of your obligations to Customers, insurers, regulators, or law enforcement, nor does it impose any legal duty on the Company to intervene or resolve the incident. 7.INTELLECTUAL CONFIDENTIALITY PROPERTY AND You acknowledge and agree that all intellectual property rights associated with the Platform— including all software, technology, trademarks, service marks, logos, graphics, user interfaces, and any related content or materials (“Company IP”)—are and shall remain the exclusive property of the Company or its licensors. Except for the limited, revocable license granted to you under this Agreement and the Terms of Service, no rights in or to the Company IP are transferred or assigned to you. Your use of the Platform is at all times subject to the intellectual property and license restrictions set forth in the Terms of Service, which are incorporated herein by reference. By submitting any content or intellectual property on/to/through the Platform (excluding your personal information, which is governed by the Privacy Policy), you grant the Company a non- exclusive, worldwide, royalty-free, sublicensable, transferable license to host, use, reproduce, display, transmit, and distribute such content as described in the Terms of Service, including for operating, promoting, improving, and providing the Platform. You further acknowledge that your access to the Platform may involve exposure to Company confidential information, customer information, business processes, trade secrets, and proprietary materials. You agree to maintain the confidentiality of all such information and to use it solely for the purpose of performing services through the Platform, consistent with the confidentiality obligations described in the Terms of Service. You may not disclose, misuse, or exploit any Company or customer confidential information, and you must comply with all data security and privacy requirements referenced in the Terms of Service and the Privacy Policy. Any feedback, suggestions, improvements, ideas, or other recommendations you provide regarding the Platform (“Feedback”) may be used by the Company for any purpose, without restriction or obligation to you. You assign to the Company all rights, title, and interest in and to such Feedback, and you agree that the Company has no obligation to provide attribution or compensation for its use. All intellectual property, confidentiality, user content, and feedback provisions in the Terms of Service are hereby incorporated and made part of this Agreement, and shall apply fully to your use of the Platform and your performance as a Service Provider.
  5. ARTIFICIAL INTELLIGENCE DISCLOSURE The Platform uses artificial intelligence (“AI”), machine learning models, and automated decision- making systems to operate, maintain, and improve the services offered through the Platform. These systems may be used for purposes including matching Service Providers with Customers, ranking or displaying Service Provider profiles, analyzing performance metrics, generating estimates or recommendations, detecting fraud or misuse, and providing automated assistance or responses. The AI systems consider a variety of factors such as skills, service categories, location, availability, pricing, scheduling preferences, response times, customer feedback, safety history, and other performance indicators. These automated tools may influence your visibility on the Platform, your match rate, and the number or type of opportunities presented to you. However, AI tools do not make legal, employment, credit, or eligibility determinations about you. AI-generated outputs may contain errors or inaccuracies, and the Company does not guarantee the accuracy, completeness, or availability of any automated recommendation, ranking, analysis, or matching result. You are responsible for evaluating any content or recommendations generated by AI systems. You have the right to request human review of any automated decision that materially affects your access to Platform opportunities, visibility, or account standing. To request such review, you must submit a written request through the Platform's support system within thirty (30) days of the automated decision. The Company will provide such review in a commercially reasonable timeframe. The Company may use your activity data, performance information, and interaction history to operate and improve its AI systems, as described in the Privacy Policy. The Company does not use your personal information to train third-party AI models without your express consent, and any voice input or recordings processed through the Platform’s AI features are handled in accordance with the Privacy Policy. Use of the Platform constitutes your acknowledgment and consent to the AI features described in this Section and in the Privacy Policy.
  6. PRIVACY AND DATA PROTECTION 9.1 Privacy Policy. Your access to and use of the Platform is subject to the Company’s Privacy Policy and Terms of Service, each of which is incorporated into this Agreement by reference. By using the Platform, you acknowledge and agree that the Company may collect, use, store, process, and disclose information about you as described in those documents. You agree to review the Privacy Policy and Terms of Service periodically for any updates, which will apply to your continued use of the Platform. 9.2 Handling of Customer Information. You agree to access, use, store, and disclose Customer personal information solely as necessary to perform the services requested through the Platform and strictly in accordance with (a) this Agreement, (b) the Terms of Service, (c) the Privacy Policy, and (d) all applicable federal, state, and local privacy and consumer-protection laws. You may not sell, share, rent, lease, reuse, or otherwise process Customer personal information for independent marketing, solicitation, or any purpose unrelated to the specific service engagement initiated through the Platform. This prohibition includes use of Customer information to build competing services, contact Customers outside the Platform for services not booked through the Platform, or transfer Customer data to third parties without the Customer's express consent and the Company's prior written approval. You are solely responsible for ensuring the confidentiality, protection, and lawful handling of any Customer information you receive. 9.3 Communications and Notices. By creating an account, you consent to receive communications from the Company relating to your business activities on the Platform, including platform updates, compliance notifications, verification requests, service opportunities, operational announcements, and account-related matters. These communications may be delivered by email, SMS, push notification, or through the Platform. You may not opt out of communications that are transactional, security-related, or legally required. However, you retain the right to opt out of marketing communications at any time by following the unsubscribe instructions in such communications or adjusting your account preferences. Marketing communications, if any, will comply with applicable law and may be managed through your notification preferences.
  7. REPRESENTATIONS AND WARRANTIES 10.1 Authority and Capacity. You represent and warrant that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction if greater than eighteen), are legally authorized to work in the United States, and have the full power, capacity, and authority to enter into this Agreement, to perform the obligations herein, and to conduct your business in accordance with applicable law. If you are entering this Agreement on behalf of a business entity, you further represent that you have full authority to bind that entity. 10.2 Legal and Regulatory Compliance. You represent and warrant that your use of the Platform and the services you provide will comply with all applicable federal, state, and local laws, regulations, licensing rules, trade standards, consumer-protection requirements, occupational- safety requirements, building codes, permitting requirements, insurance laws, labor and employment laws, and any industry-specific regulations applicable to your trade. You acknowledge that you are solely responsible for identifying, obtaining, and maintaining all required licenses, permits, registrations, background checks, and approvals necessary to perform services in each jurisdiction in which you operate. 10.3 Accuracy of Information. You represent and warrant that all information, documentation, licenses, identification, insurance materials, business details, and other submissions you provide to the Company or to Customers—whether through the Platform or otherwise—are accurate, complete, current, and not misleading. You agree to update any such information within ten (10) business days of any change that would make the information inaccurate or outdated, and you acknowledge that providing false, fraudulent, or incomplete information constitutes a material breach. 10.4 No Conflicts. You represent and warrant that entering into and performing under this Agreement does not violate or conflict with any other contractual obligation, employment agreement, non-competition obligation, court order, business license restriction, or any other obligation to which you are subject. You are solely responsible for confirming that accepting service requests through the Platform does not breach any agreement with an employer, contractor, union, regulatory body, or other third party. 10.5 Business Practices and Professional Standards. You represent and warrant that you will perform all services in a professional, safe, diligent, workmanlike manner consistent with industry best practices, recognized standards of care, and all applicable codes, rules, and safety regulations. You will supply all necessary equipment, materials, labor, certifications, and safety protections required to complete the services lawfully and competently. 10.6 No Misuse of the Platform. You represent and warrant that you will not engage in any fraudulent, abusive, deceptive, or unlawful conduct; will not misuse customer information; will not attempt to circumvent Platform fees; will not solicit customers off-Platform in violation of the Terms; and will not interfere with the operation, security, or integrity of the Platform. You further represent that you will not attempt to manipulate search results, matching algorithms, or ranking systems through false information or artificial activity. 10.7 Continuing Obligations. The representations and warranties in this Section are ongoing and will remain true throughout your use of the Platform. A breach of any representation or warranty constitutes a material breach of this Agreement and may result in suspension, termination, withholding of payments, or any other remedy available to the Company. “These representations supplement, and do not limit, the representations and warranties contained in the Terms of Service. In the event of any conflict, the Terms of Service shall control.
  8. DISCLAIMERS AND LIMITATIONS The disclaimers, warranty exclusions, and limitations of liability set forth in the Rush OnDemand Terms of Service are hereby incorporated into this Agreement by reference and shall apply in full to all Service Providers. For clarity, and without limiting the foregoing: (a) Platform Provided “As Is.” THE PLATFORM, APPLICATION, AND ALL RELATED TECHNOLOGIES AND SERVICES ARE PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, SYSTEM UPTIME, AVAILABILITY, ACCURACY OF LISTINGS OR MATCHES, OR RELIABILITY OF ANY DATA OR ANALYTICS PROVIDED THROUGH THE PLATFORM. (b) No Warranty of Work or Earnings. Company does not guarantee that you will receive any minimum number of leads, projects, matches, customer inquiries, or revenue. Company does not supervise, direct, or control your work and provides no warranty regarding customer demand, job availability, or your potential earnings through the Platform. (c) Customer Disputes. Company is not responsible for, and will not be liable for, any disputes, claims, injuries, damages, losses, or obligations arising between you and any Customer, including those relating to service quality, workmanship, pricing, performance, scheduling, conduct, or payments. (d) Limitation of Liability. YOUR SOLE AND EXCLUSIVE REMEDIES, AND COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU, ARE GOVERNED EXCLUSIVELY BY THE LIMITATION-OF-LIABILITY SECTION OF THE TERMS OF SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT: (1) COMPANY'S AGGREGATE LIABILITY IS STRICTLY LIMITED TO THE AMOUNT SET FORTH IN THE TERMS OF SERVICE; (2) COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES; (3) COMPANY HAS NO LIABILITY FOR ACTS OR OMISSIONS OF CUSTOMERS, SERVICE PROVIDERS, SUBCONTRACTORS, OR THIRD-PARTY (4) ALL LIABILITY LIMITATIONS APPLY PAYMENT PROCESSORS; AND REGARDLESS OF LEGAL THEORY AND SURVIVE TERMINATION. NOTHING IN THIS SECTION LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR VIOLATIONS OF LAW THAT CANNOT BE LIMITED BY CONTRACT.
  9. INDEMNIFICATION The indemnification obligations set forth in the Rush OnDemand Terms of Service (“ToS”) are hereby incorporated into this Agreement in full and shall apply equally to all Service Providers. Without limiting the ToS, you expressly acknowledge and agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses (including attorneys’ fees and costs of investigation) arising out of or relating to: (a) your provision of services to Customers; (b) your acts or omissions, including the acts or omissions of your employees, subcontractors, or agents; (c) your violation of this Agreement, the Terms of Service, the Privacy Policy, or any other applicable policy; (d) your violation of any federal, state, or local law, rule, regulation, licensing requirement, permitting obligation, safety standard, or building code; (e) any property damage, bodily injury, economic loss, or death caused by you or your personnel; (f) your breach or alleged breach of any contract or commitment with a Customer; (g) any misrepresentation, fraud, misconduct, or negligence by you; and (h) any dispute between you and a Customer or third party arising out of your services or conduct. You also agree that your duty to defend is immediate and independent of your duty to indemnify, and arises upon assertion of any claim covered by this section. This indemnification obligation is intended to be as broad as permitted under applicable law and survives termination of this Agreement. For California users, this indemnity shall be construed in accordance with California Civil Code §§ 2772–2784.5 and, to the maximum extent legally permissible, the parties intend that the Service Provider’s obligations include defense and hold-harmless responsibilities consistent with California Civil Code § 2778. Indemnification obligations apply to the acts and omissions of Service Provider’s employees, subcontractors, and any person performing services on its behalf. To the extent permitted by law, Service Providers located in California agree to the PAGA waiver contained in the Terms of Service.
  10. TERMINATION The termination rights and obligations set forth in the Terms of Service govern and control the relationship between you and the Company. Without limiting the ToS, you acknowledge and agree that the Company may suspend or terminate your account or access to the Platform at any time in accordance with the ToS, including for violations of this Agreement, safety concerns, failure to comply with licensing or legal requirements, fraudulent or improper conduct, or any other reason permitted under the ToS. Your right to terminate your use of the Platform is likewise governed by the ToS. Termination, whether by you or by the Company, does not relieve you of any obligations that accrued prior to termination, including completion of accepted service commitments, payment obligations, indemnification duties, confidentiality and intellectual-property obligations, and all other provisions designated in the ToS as surviving termination. To avoid inconsistency, all termination-related rights, effects, and procedures are governed exclusively by the ToS, and any conflicting language that may appear elsewhere in this Agreement is expressly superseded.
  11. DISPUTE RESOLUTION 14.1 Dispute Resolution Generally. All governing-law provisions, dispute-resolution processes, arbitration requirements, class-action waivers, jury-trial waivers, and venue selections applicable to your relationship with the Company are set forth exclusively in the Rush OnDemand Terms of Service (“ToS”). Those provisions are hereby incorporated by reference and shall control for all purposes. To avoid inconsistency, all disputes arising out of or relating to this Service Provider Agreement shall be resolved in accordance with the ToS, including the mandatory arbitration provisions, Florida choice-of-law clause, venue requirements, remote-participation rules, equitable-relief carve-outs, and any state-specific notices or waivers. Any conflicting or duplicative language that may appear in this Agreement is expressly superseded by the ToS. 14.2 Third Party Exceptions. Notwithstanding Section 14.1, you acknowledge and agree that the Platform integrates with third-party payment processors, financial institutions, card networks, identity-verification vendors, mapping services, artificial intelligence providers, and other external platforms (“Third-Party Services”). Your use of any Third-Party Service is subject to that provider’s separate terms, rules, and dispute-resolution procedures, all of which are incorporated herein by reference. To the fullest extent permitted by law, any dispute involving the Company, this Agreement, the Terms of Service, any Customer, or any matter arising out of your use of the Platform shall be governed exclusively by the arbitration and dispute-resolution procedures set forth in the Terms of Service (the “Company Dispute Resolution Process”). This includes disputes concerning payments, account actions, suspension, termination, Platform access, or any act or omission of the Company. However, solely to the limited extent that a specific dispute is required—by binding terms imposed by a Third-Party Service provider—to be handled under that provider’s rules and cannot legally be subjected to the Company Dispute Resolution Process, such dispute shall be resolved exclusively in accordance with the applicable Third-Party Service terms. This carveout is strictly limited to the portion of a dispute that the Third-Party Service provider requires to be governed by its own rules and shall not extend to any claims properly subject to the Company Dispute Resolution Process. You further acknowledge that the Company has no authority to modify, waive, override, delay, or control the application of any Third-Party Service rules and that nothing in this Agreement shall be construed to impose responsibility or liability on the Company for the acts, omissions, availability, performance, or security of any Third-Party Service. You agree that the Company may comply with, rely on, and enforce any instructions, rules, or requirements of Third-Party Services as necessary for the operation of the Platform, including withholding, reversing, deducting, or delaying funds when required or instructed by such third parties. Additionally, you agree that the Company is not obligated to participate in or defend any proceeding arising from a Third-Party Service’s rules, requirements, or determinations, and that any claims involving the Company shall, to the maximum extent permitted by law, be resolved exclusively through the Company Dispute Resolution Process.
  12. GENERAL PROVISIONS 15.1 Relationship to Terms of Service. This Agreement is supplementary to, and incorporated into, the Company’s Terms of Service (“ToS”). In the event of any conflict, the ToS controls. Capitalized terms not defined in this Agreement have the meanings given in the ToS or the Master Glossary. 15.2 Modifications. The Company may update or amend this Agreement at any time in accordance with the amendment procedures described in the ToS. Continued use of the Platform after any update constitutes acceptance of the revised terms. 15.3 Assignment. You may not assign, transfer, or delegate any rights or obligations under this Agreement without the Company’s prior written consent. The Company may assign this Agreement at any time as permitted under the ToS. 15.4 Severability. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in full force to the maximum extent permitted by law. 15.5 Survival. Any terms that by their nature should survive termination—including but not limited to provisions relating to intellectual property, confidentiality, indemnification, payment obligations, limitations of liability, dispute resolution, and compliance requirements—shall survive termination of this Agreement and your use of the Platform, consistent with the survival provisions in the ToS. 15.6 Contact Information. Questions regarding this Agreement may be directed to the Company at the contact information provided in the ToS or through the Platform’s Service Provider support channel. Click-Through Acceptance; Consent to Electronic Amendments By clicking “I Accept,” “Agree,” or any similar button, checking a box indicating acceptance, creating an account, or by accessing or using the Platform in any manner, you: (a) acknowledge that you have read and understand this Service Provider End-User License Agreement (“Agreement”); (b) affirmatively agree to be bound by this Agreement, the Terms of Service, the Privacy Policy, the Cookie Policy, and any additional terms incorporated by reference; and (c) represent that you have the legal authority to enter into this Agreement on your own behalf and, where applicable, on behalf of your business entity. You further agree that the Company may modify, update, or amend this Agreement, the Terms of Service, or any other incorporated document at any time, as permitted by law, by posting the updated version within the Platform or on the Company’s website, or by providing notice through email, in-app message, or other reasonable electronic means. Your continued access or use of the Platform after any such update constitutes your affirmative acceptance of the amended terms, whether or not you have clicked an additional “I Accept” button. You acknowledge and agree that: (a) electronic acceptance has the same legal effect as a written signature; (b) you are responsible for reviewing updates when notified; and (c) if you do not agree to any amended terms, your sole remedy is to discontinue use of the Platform and terminate your account in accordance with the procedures set forth in the Terms of Service.