Terms of Service

Effective Date: 12/7/2025

1. Acceptance of Terms

By accessing or using RUSH ONDEMAND, INC. (“Company,” “we,” “us,” or “our”) mobile application and website (collectively, the “Platform”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Platform.

2. Description of Service

The Platform is an online marketplace that connects consumers (“Customers”) with independent service providers (“Service Providers”) who offer a variety of services. The Platform functions solely as a neutral technology intermediary—helping Customers discover, request, and manage services, and helping Service Providers promote and deliver their offerings. We do not provide, supervise, or guarantee any of the services offered through the Platform. All services are performed exclusively by independent Service Providers who operate as separate businesses and are not employees, agents, joint venturers, or representatives of the Company. The Company does not direct or control how Service Providers perform their work, set their prices, or determine their qualifications. The Company’s role is limited to maintaining the Platform, facilitating communication and payment processing, and enabling a safe and efficient digital environment for Customers and Service Providers to interact and transact. The Company is not a service provider, contractor, employer, broker, or agent of any Customer or Service Provider, and it does not endorse, warrant, or assume responsibility for any services performed or representations made by users of the Platform.

3. Platform Relationship

a. Service Providers

Service Providers are independent contractors who use the Platform to offer and perform their own services directly for Customers. They are not employees, agents, franchisees, or representatives of the Company, and no employment or agency relationship is created by their use of the Platform. Service Providers maintain full control over how, when, and where they perform their services, including their tools, equipment, methods, and work schedules. They are solely responsible for obtaining all licenses, permits, insurance, and certifications required to provide their services and for complying with all applicable federal, state, and local laws and regulations governing their work. Service Providers also determine their own pricing and service terms, subject only to reasonable Platform requirements necessary to facilitate transactions, ensure quality, or comply with applicable law. Company does not provide training, supervision, or performance evaluations for Service Providers, and any ratings or reviews displayed on the Platform are provided by Customers for informational purposes only.

b. No Employment Relationship

Nothing in these Terms, or in the relationship between Company, Service Providers, or Customers, shall be construed to create an employment, partnership, joint venture, franchise, or agency relationship. Each party operates as an independent entity. Service Providers are solely responsible for their own employees (if any), subcontractors, and business operations. They bear full responsibility for all applicable taxes, withholdings, benefits, and insurance obligations, including workers’ compensation and unemployment coverage. Customers acknowledge that Service Providers are not authorized to make any representations or commitments on behalf of the Company, and the Company does not direct or control the means, methods, or results of the work performed by Service Providers.

c. Third-Party Services

All services offered through the Platform are provided directly by independent Service Providers who contract separately with Customers. The Company does not perform, supervise, or guarantee these services and is not a party to any agreement, transaction, or dispute between Customers and Service Providers. The Company’s role is limited to operating the Platform, facilitating communication, and processing payments through third-party payment processors. Customers and Service Providers are solely responsible for the terms of their interactions, including pricing, quality, timeliness, warranties, and any other conditions related to the performance of the services. The Company disclaims all responsibility and liability arising from or related to any service provided by a Service Provider or any interaction between Customers and Service Providers.

4. User Accounts and Eligibility

a. Age Requirement

You must be at least eighteen (18) years of age to register for, access, or use the Platform in any capacity. By creating an account or using the Platform, you represent and warrant that you are at least eighteen (18) years old, have full legal capacity to enter into binding contracts, and will comply with all applicable laws in connection with your use of the Platform. The Platform is not directed to or intended for use by individuals under eighteen (18) years of age. Company does not knowingly collect or solicit personal information from anyone under this age threshold. If Company becomes aware that a minor has created an account or submitted personal information in violation of this policy, Company reserves the right to delete such information, suspend or terminate the account, and take any additional steps necessary to protect the integrity of the Platform and its users. If you misrepresent your age, identity, or eligibility, or if you otherwise provide false or misleading information to gain access to or use the Platform, your account may be suspended or terminated immediately without notice, and you may be held liable for any resulting damages, liabilities, penalties, or losses incurred by Company, Customers, or any third party. Service Providers further acknowledge and agree that they are solely responsible for ensuring that any employees, contractors, subcontractors, or other personnel engaged to perform services through the Platform meet this minimum age requirement and are legally authorized to perform such services under applicable labor and employment laws. Company reserves the right to request proof of age or authorization at any time and to suspend or remove access to the Platform for failure to provide satisfactory verification.

b. Account Creation

To access and use certain features of the Platform, you must create and maintain an active user account (“Account”). By creating an Account, you represent and warrant that all information you provide is accurate, current, and complete, and you agree to update such information promptly to ensure its continued accuracy. You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username, password, and any multi-factor authentication methods. You agree not to share your login credentials with any other person and to immediately notify Company if you suspect or become aware of any unauthorized access to or use of your Account. Company is not responsible for any loss, damage, or unauthorized activity that results from your failure to maintain the confidentiality of your credentials. Company reserves the right, in its sole discretion, to suspend, restrict, or terminate any Account that contains inaccurate, incomplete, or misleading information, or that is used in violation of these Terms, applicable law, or the rights of any third party. Company may also require additional verification of identity or eligibility at any time as a condition of continued Account access or use. Unauthorized sharing of login credentials, sublicensing of access, or use of a single Account by multiple individuals is strictly prohibited and may result in immediate termination of access, without notice.

i. Account Fees and Verification

The Company may charge fees for the registration, creation, or maintenance of a User account or profile on the Platform, including but not limited to fees associated with account activation, verification, background screening, compliance checks, or credential validation for Service Providers or their employees, contractors, or representatives (“Verification Services”). The amount, frequency, and scope of such fees shall be determined by the Company in its sole discretion and may be updated from time to time with or without prior notice. Fees shall be imposed based upon the then-current fee schedule maintained by the Company, a copy of which is available upon request. Payment of all applicable fees is a condition of continued access to and use of the Platform. Failure to pay any required fee when due may result in suspension or termination of your account or profile without further notice. Fees paid are generally non- refundable except: (i) as otherwise expressly required by law; (ii) as provided in writing by the Company; or (iii) where the Company fails to provide the services for which the fees were charged due to the Company's breach or system failure. Verification Services, where offered, are performed solely to assist in determining whether a Service Provider or its personnel appear to satisfy certain general eligibility or compliance criteria for participation on the Platform. Such verification may include confirmation of identity, licensing status, insurance coverage, or background information, but does not constitute a guarantee, certification, or endorsement by the accuracy, completeness, reliability, or currency of any information obtained or provided. The Company expressly disclaims all warranties, express or implied, related to Verification Services, including any warranties of accuracy, reliability, completeness, merchantability, fitness for a particular purpose, or non- infringement. The Company does not warrant that any Service Provider or individual has satisfied any or all applicable legal, regulatory, or professional requirements, nor does it undertake any duty to monitor or re-verify such information after initial review. Users acknowledge and agree that the Company shall have no liability arising out of or relating to any verification, screening, or background check, including any delay, error, omission, or inaccuracy in the verification process, or any subsequent conduct of any Service Provider, Customer, or other third party. Further, Company shall have no liability should it choose not to perform, perform incompletely or fail to perform any verification, screening or background check. Each User remains solely responsible for independently assessing the qualifications, background, and suitability of any person or entity with whom they interact through the Platform. the Company regarding

c. Service Provider Accounts

Service Providers are additionally responsible for ensuring that all personnel or agents accessing the Platform under their Account comply with these Terms and all applicable laws. If you are a Service Provider, you further agree that:

i. Employee Registration

Each employee, contractor, or subcontractor who will visit Customers, communicate with Customers, or perform any services on your behalf through the Platform must be individually registered under your Account prior to performing any such services. Each individual must have a unique login credential, and shared credentials are strictly prohibited.

ii. Identification Requirements. For each such individual, you must upload and maintain a clear, legible image of the front and back of a valid, government-issued photo identification (such as a driver’s license or state ID). You represent and warrant that all information provided is accurate, complete, and authentic. identification,

iii. Record Maintenance. You are responsible for ensuring that all personnel records, including insurance, and eligibility licensing, certification, information, remain accurate, complete, and up-to-date within the Platform at all times. You must immediately remove any individual whose credentials, license, or eligibility have lapsed, been suspended, or been revoked.

iv. Ongoing Compliance. You must promptly update the Platform to reflect any changes in personnel, documentation, licensing, or eligibility status. Failure to maintain accurate and current records constitutes a material breach of these Terms and may result in suspension, withholding of payments, or termination of your Account. The Company reserves the right, in its sole discretion, to verify any information submitted under this section and to suspend, restrict, or terminate any Account or individual access where documentation is incomplete, expired, or otherwise non-compliant, but shall have no obligation to do so. You acknowledge and agree that you are solely and fully responsible for the acts, omissions, and compliance of all employees, contractors, agents, and subcontractors acting under your Account, and that any violation by such individuals shall be deemed a violation by you. You further agree to indemnify and hold harmless Company from and against any claims, damages, or liabilities arising out of or related to the actions, omissions, or misconduct of any such individuals.

d. Account Security

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including usernames, passwords, authentication codes, API keys, and any other access methods or tokens associated with your Account. You agree that you will not share, transfer, or otherwise disclose your login credentials to any unauthorized person, nor permit any unauthorized access to your Account. As a Service Provider, you further acknowledge and agree that:

i. Authorized Users Only

Only individuals who have been properly registered under your Account, verified, and approved through the Platform may access or use your Account to provide services. You are responsible for ensuring that each employee, contractor, or subcontractor accessing the Platform on your behalf does so only under their own registered profile. Shared or pooled credentials are strictly prohibited.

ii. Employee Accountability. You are fully responsible for all activities, transactions, and communications conducted under your Account, including those performed by your employees, contractors, or subcontractors, whether or not such actions were expressly authorized by you. All such actions will be deemed to have been taken by you for purposes of these Terms.

iii. Notification of Breach. You must immediately notify the Company of any suspected or actual unauthorized access, use, disclosure, or compromise of your Account or credentials. You agree to cooperate fully with any investigation and to take any remedial action requested by Company to secure the Account.

iv. System Safeguards. You agree to implement and maintain appropriate technical and organizational safeguards to protect your Account and systems, including secure credential storage, use of complex passwords, regular credential rotation, compliance with any multi-factor authentication or device security requirements imposed by the Company, and prompt removal of access for terminated or inactive personnel.

v. Liability for Misuse

You acknowledge that you are responsible and liable for any losses, damages, claims, costs, or liabilities arising from unauthorized, negligent, or improper use of your Account, including any actions or omissions by your employees, contractors, or subcontractors. You further agree to indemnify and hold harmless the Company from and against any third-party claims, damages, or expenses resulting from such misuse. The Company reserves the right to suspend or terminate your account, restrict access, or take any other action deemed necessary if account security is compromised or if you fail to comply with these obligations.

e. Service Provider Requirements

Service Providers must, at all times, maintain all licenses, permits, registrations, certifications, approvals, and insurance required under applicable federal, state, and local laws, regulations, and ordinances for the lawful performance of any services offered or rendered through the Platform (“Legal Requirements”). This includes, without limitation, any occupational, trade, or professional licenses, business registrations, sales tax permits, health and safety certifications, vehicle registrations, or inspection approvals required to perform services in the jurisdiction where such services are provided. Service Providers are solely responsible for determining which Legal Requirements apply to their business or trade, obtaining and maintaining all such authorizations, and ensuring continued compliance with all renewal, inspection, and reporting obligations. The Company does not provide legal advice, determine licensing applicability, or obtain licenses or permits on behalf of any Service Provider.

i. Verification and Disclosure

Before accepting or performing any service request through the Platform, Service Providers must identify all applicable Legal Requirements for the type of work being performed in each jurisdiction of operation. Service Providers must upload or otherwise provide to the Company copies of current licenses, permits, insurance certificates, or other authorizations upon registration and promptly upon any renewal or change. The Company reserves the right, at any time, to request proof of compliance and to verify such documents with issuing authorities. Failure to provide requested documentation within a reasonable time may result in suspension or termination of access to the Platform. iii. Responsibility

ii. Ongoing Compliance and Notification. Service Providers must promptly notify the Company in writing of any suspension, expiration, revocation, lapse, investigation, citation, or complaint related to any license, permit, certification, or insurance required to perform services. The Company may immediately suspend or terminate the Service Provider’s account upon learning of any noncompliance, pending investigation, or risk of harm to Customers or the public. for Compliance and Indemnification: Service Providers acknowledge that compliance with all Legal Requirements is a condition of participation on the Platform. The Company does not represent or warrant that the use of the Platform will satisfy any legal or regulatory requirements applicable to the Service Provider’s business. Service Providers agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, affiliates, and agents from and against any claims, penalties, fines, damages, or liabilities (including attorneys’ fees) arising out of or related to the Service Provider’s failure to comply with any applicable law, regulation, licensing, or insurance requirement.

iv. State-Specific and Local Requirements. Service Providers are responsible for compliance with all applicable legal regulations including applicable state and local laws and ordinances. regulated services

1. California

Under California Business & Professions Code § 7028 and § 7048, any person performing construction, repair, or improvement work valued at $500 or more must hold an active contractor’s license issued by the California Contractors State License Board (CSLB). Unlicensed work may result in civil and criminal penalties. Service Providers performing any (e.g., construction, home improvement, HVAC, electrical, or plumbing) must maintain an active license in good standing and provide a copy to the Company upon request.

2. Texas

Under Texas Occupations Code Title 8 and related provisions, trade professionals such as electricians, HVAC contractors, and plumbers must be licensed through the Texas Department of Licensing and Regulation (TDLR). Service Providers must also comply with Texas Business & Commerce Code § 20A regarding online marketplace in California disclosure and must carry general liability insurance consistent with Texas law.

3. Florida

Under Florida Statutes § 489 and § 455, contractors engaged in construction, electrical, or mechanical work must be licensed by the Florida Department of Business and Professional Regulation (DBPR). Service Providers performing any regulated trade in Florida must maintain an active state license, comply with applicable local business tax receipt requirements, and carry liability and workers’ compensation coverage in accordance with Chapter 440, Florida Statutes.

4. New York

Under New York General Business Law § 771 and applicable city ordinances (including NYC Administrative Code Title 20), home improvement contractors and similar trades must adhere to disclosure requirements and local licensure and permitting standards. Service Providers must comply with all such local requirements and maintain any bonding or insurance required under those ordinances.

5. Other States

In all other jurisdictions, Service Providers are responsible for reviewing and complying with the specific licensing and regulatory requirements applicable to their profession or trade. This includes, where applicable, registration with state business entities divisions, local business licensing authorities, and relevant occupational boards.

v. Audit Rights

The Company reserves the right to conduct random or targeted compliance reviews, including verification of licenses, permits, and insurance coverage. Service Providers agree to cooperate fully with any such audit and to provide requested information within five (5) business days. Failure to cooperate may result in suspension, termination, or removal from the Platform.

5. Platform Fees and Payments

a. Customer Payments

Customers must make all payments to Service Providers exclusively through the Platform’s integrated payment processing system. The Company, through its designated third-party payment processor, facilitates payment transactions between Customers and Service Providers. To the extent a payment processor collects, holds, or disburses funds, it does so as a limited payment collection agent on behalf of the Service Provider, and such agency relationship terminates upon disbursement of funds to the Service Provider. At the time a payment is processed through the Platform, the Company will automatically deduct applicable platform fees, transaction fees, processing fees, chargebacks, refunds, adjustments, and any other authorized charges before remitting the remaining net amount to the Service Provider. The Company may also offset or withhold from any payment due to a Service Provider any amounts owed by that Service Provider to the Company under these Terms or any other agreement, including fees, penalties, or indemnified losses, provided that the Company provides a written explanation of such offset with reasonable detail of the amounts withheld and the basis therefor, except in cases of suspected fraud or chargebacks where immediate offset is necessary. By using the Platform, Service Providers expressly authorize the Company and its designated payment processor to collect, withhold, and retain such fees for the convenience of payment processing, the security of payment data, fraud prevention, dispute resolution, and the continued operation of the Platform. Service Providers acknowledge and agree that they are solely and fully responsible for all chargebacks, reversals, refunds, or disputes initiated by Customers, payment processors, or financial institutions, including any associated fees, penalties, or losses. The Company may, in its sole discretion, recover such amounts from the Service Provider by offsetting future payments, debiting any linked account, or issuing an invoice payable immediately upon demand. Payments may be subject to verification, security review, and applicable regulatory requirements. The timing of payment disbursements to Service Providers may vary depending on processing times, account verification, and compliance with applicable laws. The Company does not guarantee any specific payment schedule or time frame and shall not be liable for any delay, failure, or error caused by any third-party payment processor, financial institution, or intermediary. Service Providers acknowledge and agree that: i. All payments must be made through the Platform, and accepting payment outside the Platform is a material breach of these Terms; ii. The Company is authorized to act as their limited payment collection agent solely for the purpose of accepting funds from Customers and transferring such funds, less applicable fees, to the Service Provider; iii. The Company’s receipt of payment from a Customer will be deemed payment to the Service Provider, discharging the Customer’s payment obligation in full; iv. All amounts owed by the Service Provider to the Company—including fees, chargebacks, refunds, and penalties—will be deducted and satisfied before any funds are remitted to the Service Provider; and v. Service Providers remain solely responsible for reporting and remitting any and all taxes, fees, or other obligations arising from payments received through the Platform. The Service Provider acknowledges and agrees that the Company shall not be responsible or liable for any payment processing activities, including but not limited to delays, errors, reversals, chargebacks, holds, investigations, fraud, payment disputes, or unauthorized transactions caused by third-party payment processors, financial institutions, or other intermediaries. The Service Provider assumes all risk associated with such events and waives any claim against the Company arising from or relating to payment processing, disbursement timing, or related financial transactions.

b. Customer Cancellation and Trip Charge

Customers may cancel a Service Request without charge prior to a Service Provider being dispatched or en route to the service location. If a Customer cancels, refuses service, fails to make the property accessible, is not present at the agreed time, or otherwise prevents the Service Provider from performing the requested work after the Service Provider has been dispatched, has departed for the service location, or has arrived on site, the Customer may be charged a cancellation, trip, or no-show fee in an amount determined by the Company in its reasonable discretion to compensate the Service Provider for time, travel, fuel, scheduling, and other documented costs incurred. Such fees may be assessed against the payment method on file and may include, without limitation, a flat trip charge, a mileage-based travel reimbursement, a percentage of the quoted job amount, or a combination of the foregoing, as set forth in the Company’s then- current fee schedule or as disclosed within the Platform at or before the time the Service Request is submitted. The Company reserves the right, in its sole discretion, to waive, reduce, or refund a cancellation or trip charge in cases of documented emergency, Service Provider fault, Platform malfunction, or other circumstances the Company deems appropriate. By submitting a Service Request, you authorize the Company and its third- party payment processor to charge the applicable cancellation, trip, or no-show fee to the payment method on file in accordance with this Section. Disputes regarding the assessment of any such fee are subject to the dispute-resolution provisions of these Terms.

c. Service Provider Fees

Service Providers are responsible for the payment of all fees associated with such access.

i. Subscription Fees

Service Providers are required to pay a recurring monthly subscription fee to maintain access to the Platform. Service Providers must provide a valid credit card at the time of registration and authorize Company to keep such card on file for automatic withdrawal of subscription fees each billing cycle. Subscription fees are non-refundable, regardless of account activity or usage.

ii. Transaction and Platform Fees. In addition to subscription fees, Company will retain a fee from each transaction processed through the Platform. This fee covers, without limitation, payment processor charges, credit card security, fraud prevention, and the convenience of using the Platform to collect payments from Customers. Transaction and platform fees are deducted automatically from each payment prior to disbursement to the Service Provider.

d. Fee Adjustments

The Company reserves the right, in its sole discretion, to modify, introduce, or adjust subscription fees, transaction fees, platform fees, or any other charges associated with the use of the Platform or related services. Any such modifications shall take effect upon reasonable notice, which may be provided by email, in-app notification, posting on the Platform, or other electronic means deemed appropriate by the Company. All revised fees and charges will apply prospectively from the effective date specified in the notice. Your continued access to or use of the Platform after such notice constitutes your acceptance of the revised fees and terms. It is your responsibility to review all applicable fees and any updates thereto prior to continued use of the Platform.

6. User Conduct

a. Prohibited Activities

You agree to use the Platform only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you shall not, directly or indirectly: i. Violate any applicable local, state, federal, or international laws, regulations, or ordinances; ii. Infringe, misappropriate, or otherwise violate any intellectual property, proprietary, privacy, or publicity rights of the Company or any third party; iii. Harass, threaten, stalk, defame, abuse, or discriminate against any other user, employee, or representative of the Company or any Customer or Service Provider; iv. Post, upload, transmit, or otherwise make available any false, misleading, fraudulent, or deceptive information; v. Attempt to circumvent, manipulate, or avoid any platform fees, referral fees, or payment obligations owed to the Company or any Service Provider; vi. Use the Platform to solicit, advertise, or engage in any illegal, fraudulent, or unauthorized business activity; vii. Interfere with, disrupt, or compromise the operation, performance, or security of the Platform or its associated systems, networks, or data; viii. Introduce viruses, malware, or any other code or device intended to damage, interfere with, or intercept data or functionality; ix. Access or attempt to access any account, data, or system without authorization, including through password mining, scraping, or other unauthorized means; x. Reverse engineer, decompile, disassemble, or otherwise attempt to derive or access any source code, algorithms, or trade secrets of the Platform; xi. Impersonate any person or entity or misrepresent your affiliation with any person, entity, or organization; or xii. Engage in any other conduct that, in the Company’s sole judgment, restricts or inhibits any other user’s use or enjoyment of the Platform, or that may expose the Company, its users, or any third party to liability, harm, or reputational damage.

b. Content Standards

All content, information, and materials that you post, upload, or transmit through the Platform must be truthful, accurate, and complete, and must not: i. Contain any defamatory, obscene, or otherwise unlawful material; ii. Violate the rights of any third party, including intellectual property or privacy rights; iii. Contain or link to malware, spyware, or harmful content; or

iv. Contravene these Terms or any applicable law. You are solely responsible for any content or materials you post or transmit through the Platform and for the consequences of such activity. The Company reserves the right, in its sole discretion and without notice, to remove any content, suspend or terminate your account, or take any other action it deems necessary to enforce these Content Standards or to protect the integrity of the Platform. You agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from or relating to your conduct, your content, or your violation of this Section.

7. Background Checks and Verification

a. Service Provider Screening

The Company may, in its sole discretion and at such times as it deems appropriate, perform identity verification, credential checks, criminal background screenings, or other forms of vetting on Service Providers or their personnel (collectively, “Background Checks”). The Company is under no obligation to conduct such Background Checks on any specific Service Provider, and no user shall have any right or expectation that a Background Check will be performed or updated. The scope, frequency, and methodology of any Background Check shall be determined exclusively by the Company, and the Company may rely on third-party vendors, public records, self-reported data, or other information sources.

b. No Guarantee or Warranty

Any Background Check or verification conducted by the Company is provided solely for informational purposes and does not constitute an endorsement, certification, or guarantee of a Service Provider’s qualifications, reliability, safety, or professional competence. The Company does not warrant or represent that any Background Check, license validation, or other verification is accurate, complete, current, or free of error. Records may be incomplete, outdated, or incorrectly reported, and results may vary by jurisdiction.

c. Service Provider Obligations

Each Service Provider is solely responsible for conducting its own background screenings, employment eligibility verification, and licensing confirmation for all employees, contractors, and subcontractors who access or use the Platform or perform any services for Customers. This includes, without limitation, verification of criminal history, driving records (if applicable), insurance coverage, professional or occupational licenses, and compliance with all federal, state, and local laws governing employment, contracting, and public safety. The Service Provider must ensure that all such records remain accurate, current, and complete. Failure to do so constitutes a material breach of these Terms and may result in immediate suspension or termination of access to the Platform.

d. Customer Due Diligence

Customers acknowledge and agree that they are solely responsible for evaluating, selecting, and engaging Service Providers and for verifying any credentials, qualifications, references, insurance coverage, or professional licenses before allowing work to be performed. The Company may, where available, make certain Service Provider information accessible through the Platform, but such information is provided “as-is” and “as available,” without warranty of accuracy or completeness. Customers must exercise independent judgment and due care when hiring or permitting any Service Provider to perform services.

e. Limitation of Liability

The Company expressly disclaims all responsibility and liability for (i) the outcome or accuracy of any Background Check or verification process, (ii) any error, omission, or delay in obtaining or updating information, (iii) the acts, omissions, or conduct of any Service Provider, Customer, or third party, and (iv) any damages, injuries, losses, or disputes arising out of or relating to Background Checks, verification activities, or reliance upon any related information. Users hereby release and waive any claim against the Company arising from or relating to the existence, performance, or results of any Background Check or verification.

f. Compliance Statement

Where Background Checks are conducted, the Company and its third-party providers will comply with applicable federal and state laws, including the Fair Credit Reporting Act (“FCRA”), the Equal Employment Opportunity Commission (“EEOC”) guidance, and any state-specific consumer protection or background screening requirements. The Company is not a consumer reporting agency and does not furnish consumer reports as defined by the FCRA.

8. Disclaimers and Limitations

a. Platform Availability

The Platform and all related content, data, and services are provided on an “as-is,” “as-available,” and “with all faults” basis, without any warranties or representations of any kind, whether express, implied, statutory, or otherwise. The Company makes no warranty or representation that the Platform will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected. Access to and use of the Platform may be suspended, limited, or terminated at any time for maintenance, upgrades, system failures, or other reasons beyond the Company’s control. Users assume all risks associated with their access to and use of the Platform.

b. Service Provider Performance

The Company does not provide, supervise, manage, control, or guarantee the quality, timing, legality, safety, or suitability of any services offered or performed by Service Providers. All services are performed solely by independent Service Providers who are not employees, agents, or representatives of the Company. The Company does not conduct ongoing inspections of work performed or guarantee any outcome, result, or satisfaction. Customers and Service Providers are solely responsible for their interactions, agreements, and transactions with one another. The Company is not obligated to mediate, arbitrate, or otherwise intervene in any dispute between Customers and Service Providers, though it may, in its sole discretion, choose to provide limited assistance or information if it believes such assistance is reasonable or necessary. No such assistance shall create any continuing obligation or duty to intervene in future disputes.

c. Third-Party Content and Information

The Platform may contain user-generated content, listings, profiles, reviews, ratings, communications, or links to third-party websites or materials (collectively, “Third-Party Content”). The Company does not endorse, verify, monitor, or guarantee the accuracy, reliability, or completeness of any Third-Party Content, nor does it control or assume responsibility for the conduct of any users, Service Providers, Customers, or third parties who use or access the Platform. Users are solely responsible for evaluating, verifying, and relying upon any information obtained through the Platform, including that provided by Service Providers or other users. The Company expressly disclaims all liability arising from or relating to any Third-Party Content, user submissions, or reliance thereon. Any use of or reliance on such content is at the user’s sole risk.

d. No Warranties

To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, data accuracy, or system integration. No advice or information, whether oral or written, obtained from the Company or through the Platform, shall create any warranty not expressly stated herein.

9. Limitation of Liability

To the maximum extent permitted by applicable law, the following limitations and exclusions apply:

a. Exclusion of Damages

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTORY VIOLATION, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE FAILURE OF ANY AGREED OR OTHER REMEDY TO FULFILL ITS ESSENTIAL PURPOSE.

b. Aggregate Liability Cap

THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE PLATFORM, OR ANY RELATED TRANSACTIONS SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100), OR (III) THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE STATE LAW. THIS LIMITATION IS CUMULATIVE AND APPLIES COLLECTIVELY TO ALL CLAIMS, INCIDENTS, AND LEGAL THEORIES, REGARDLESS OF THE NUMBER OR NATURE OF SUCH CLAIMS. IF ANY JURISDICTION DETERMINES THAT THIS LIMITATION IS TOO LOW TO BE ENFORCEABLE, IT SHALL AUTOMATICALLY BE INCREASED TO THE MINIMUM ENFORCEABLE AMOUNT PERMITTED BY LAW, WITHOUT AFFECTING THE VALIDITY OF THE REMAINDER OF THIS SECTION. I. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE PRIMARY MONETARY CAP IS UNENFORCEABLE OR OTHERWISE INVALID, THEN, AS AN ALTERNATIVE AND SECONDARY LIMITATION, THE COMPANY’S TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO THE GREATER OF (I) THE AMOUNTS ACTUALLY PAID, IF ANY, BY THE COMPANY’S APPLICABLE INSURANCE CARRIER(S) UNDER THE INSURANCE POLICIES MAINTAINED BY THE COMPANY, LESS ANY APPLICABLE DEDUCTIBLE OR SELF-INSURED RETENTION, OR (II) THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE CLAIM. THE AVAILABILITY OF SUCH INSURANCE COVERAGE SHALL NOT BE CONSTRUED AS CREATING ANY OBLIGATION ON THE COMPANY TO OBTAIN OR MAINTAIN ANY INSURANCE POLICY OR COVERAGE LIMIT. YOU SPECIFIC ACKNOWLEDGE AND AGREE THAT ANY SUCH INSURANCE PROCEEDS MAY BE REDUCED, DEPLETED, OR EXHAUSTED BY UNRELATED CLAIMS, SETTLEMENTS, OR OCCURRENCES INVOLVING OTHER PARTIES OR INCIDENTS.

c. Service Provider Actions

The Company expressly disclaims all responsibility and liability for the acts, omissions, representations, warranties, or negligence of any Service Provider, including without limitation any personal injuries, death, property damage, or other harm or loss arising from or relating to any services provided by Service Providers or their employees, contractors, or agents. Service Providers are independent entities solely responsible for their conduct and for fulfilling any obligations to Customers.

d. Third-Party Systems and Services

The Company shall not be responsible for, and expressly disclaims all liability arising from or relating to, the acts, omissions, errors, interruptions, failures, or delays of any third party, including without limitation payment processors, telecommunications providers, internet service providers, hosting companies, background-check vendors, AI-model providers, or other technology suppliers. The Company does not control and is not responsible for the performance, reliability, security, or operation of any third-party systems used in connection with the Platform.

e. Data, Security, and Availability

The Company does not represent or warrant that the Platform will be secure, uninterrupted, error-free, or free from viruses or harmful components. The Company shall not be liable for any unauthorized access to, alteration of, or loss, corruption, or destruction of any data transmitted through or stored on the Platform, whether by accident, system failure, third-party intrusion, or otherwise. Users are solely responsible for maintaining adequate backup copies of their data.

f. Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations resulting from causes or events beyond its reasonable control, including but not limited to acts of God, natural disasters, weather conditions, fire, flood, epidemic or pandemic, war, terrorism, labor disputes, supply shortages, government orders, power failures, or internet outages.

g. No Duty to Third Parties

Nothing in these Terms shall be construed to create any duty or obligation on the part of the Company to any person or entity other than the specific user of the Platform. The Company shall have no liability for any claims brought by third parties arising out of or related to your use of the Platform or any services arranged through it.

h. State-Specific Disclosures and Waivers

CERTAIN JURISDICTIONS, INCLUDING CALIFORNIA, NEW JERSEY, AND NEW YORK, MAY NOT ALLOW IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS ON LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SUCH LIMITATIONS OR EXCLUSIONS SHALL NOT APPLY TO YOU, AND THE REMAINDER OF THIS SECTION SHALL REMAIN ENFORCEABLE TO THE FULLEST EXTENT PERMITTED. YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED OF THE EXISTENCE OF THIS STATUTORY PROVISION, THAT YOU UNDERSTAND ITS EFFECT, AND THAT YOU KNOWINGLY AND VOLUNTARILY WAIVE ALL RIGHTS UNDER § 1542, AS WELL AS ANY SIMILAR LAW, STATUTE, OR REGULATION OF ANY OTHER STATE, TERRITORY, OR JURISDICTION HAVING A SIMILAR EFFECT. THIS WAIVER EXTENDS TO ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, SUSPECTED AND UNSUSPECTED CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR ANY INTERACTIONS OR TRANSACTIONS OCCURRING THROUGH IT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

i. Acknowledgment

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY AND STATUTORY WAIVERS SET FORTH IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND WAIVERS, AND THESE PROVISIONS SHALL APPLY EVEN IF THEY CAUSE ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE.

10. Indemnification

a. General Obligation

To the fullest extent permitted by applicable law, each User agrees to indemnify, defend, and hold harmless Company, and its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, successors, and assigns (collectively, the “Company Parties”), from and against any and all claims, demands, suits, actions, causes of action, liabilities, losses, damages, judgments, penalties, fines, settlements, costs, and expenses (including reasonable attorneys’ fees and costs of investigation and enforcement) arising out of or relating to: i. The User’s use or misuse of the Platform; ii. Any violation of these Terms or of applicable law; iii. Any negligent, reckless, fraudulent, or intentional act or omission by the User; iv. Any claim alleging that content, data, materials, or information submitted or uploaded by the User infringes, misappropriates, or violates the intellectual property, privacy, or publicity rights of any third party; v. Any disputes, transactions, or communications between Users (including between Customers and Service Providers) that occur through or as a result of the Platform; or vi. Any claim for bodily injury, death, property damage, or other harm allegedly caused by the User or by goods or services provided or received through the Platform.

b. Service Provider-Specific Indemnification

In addition to the obligations above, each Service Provider shall indemnify, defend, and hold harmless the Company Parties from and against any and all claims, losses, damages, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: i. The performance, quality, safety, legality, or results of any services provided or represented by the Service Provider or its employees, contractors, or agents; ii. The Service Provider’s failure to obtain or maintain required licenses, permits, certifications, insurance, or authorizations; iii. Any misrepresentation regarding qualifications, experience, or legal eligibility to perform services; iv. Any act, error, or omission of the Service Provider or its personnel, including property damage, bodily injury, data breach, or violation of applicable laws; v. The Service Provider’s use, misuse, or disclosure of Customer data or confidential information; and vi. Any claim, chargeback, tax, or regulatory action arising from payments made to or through the Service Provider. Service Providers expressly acknowledge that they are independent entities and that this indemnity applies whether or not a claim is alleged to have been caused in part by the negligence, strict liability, or other fault of the Company, provided that the Service Provider shall not be obligated to indemnify the Company to the extent a claim arises from the Company’s sole gross negligence or willful misconduct, as determined by a final, non- appealable judgment of a court of competent jurisdiction.

c. Customer-Specific Indemnification

Each Customer shall indemnify, defend, and hold harmless the Company Parties from and against any and all claims, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising from or relating to: i. The Customer’s selection, engagement, or supervision of any Service Provider; ii. The Customer’s failure to exercise due care in verifying the qualifications or suitability of a Service Provider; iii. The Customer’s failure to comply with laws, safety standards, or reasonable instructions provided by a Service Provider or the Platform; iv. Any property damage, injury, or other loss occurring on the Customer’s premises or otherwise in connection with services arranged through the Platform; and v. Any claim alleging that the Customer’s conduct or use of the Platform violates or infringes the rights of any third party.

d. Duty to Defend

The duty to defend is separate and independent from the duty to indemnify and arises immediately upon the assertion of any claim or demand covered by this section, regardless of whether liability has been established. The indemnifying party (whether a User, Customer or Service Provider) shall, at its sole cost, provide a prompt and complete defense to the Company Parties using counsel reasonably acceptable to the Company. The Company retains the right, at its own expense, to participate in the defense with counsel of its choosing, without waiving the indemnifying party’s obligations hereunder.

e. Cooperation and Settlement

The indemnifying party shall not settle any claim or enter into any agreement that imposes any obligation or admission of liability on the Company without the Company’s prior written consent. The indemnifying party shall cooperate fully with the Company in the defense of any claim, including providing information, witnesses, and access to relevant documents as reasonably requested.

f. Survival and Scope

The indemnification and defense obligations set forth in this section shall survive termination, expiration, or suspension of the User’s account or access to the Platform and shall apply to all uses of the Platform, whether authorized or unauthorized.

g. State-Specific Limitations

Certain jurisdictions, including California, New Jersey, and New York, limit or restrict the enforceability of indemnification clauses in consumer contracts. To the extent required by law, this indemnity shall not apply to the extent a claim arises solely from the Company’s own gross negligence, intentional misconduct, or violation of law. All other aspects of this section shall remain fully enforceable to the maximum extent permitted. For California users, this section shall be construed in accordance with California Civil Code §§ 2772–2784.5, and to the extent permitted, the parties intend that the Service Provider’s indemnity obligations include defense and hold- harmless responsibilities consistent with § 2778.

h. Acknowledgment

You acknowledge and agree that these indemnification obligations are a material part of the consideration exchanged for use of the Platform. Without them, the Company would not make the Platform available to you.

11. Insurance Requirements

a. Service Providers

Service Providers are strongly encouraged to obtain and maintain appropriate insurance coverage for their operations, including but not limited to Commercial General Liability (“CGL”) insurance with limits of at least $1,000,000 per occurrence and $2,000,000 aggregate, automobile liability insurance (for any vehicles used in connection with services), and professional liability or errors and omissions insurance where applicable. Each Service Provider is solely responsible for determining the types and limits of insurance necessary to protect its business, property, employees, and customers. The Company does not require, provide, or enforce insurance coverage for Service Providers and assumes no responsibility for any failure by a Service Provider to obtain or maintain such coverage.

b. Compliance with Applicable Laws

Service Providers must comply with all insurance requirements imposed by federal, state, or local law, including but not limited to workers’ compensation insurance, automobile liability insurance, or other mandatory coverages that may apply to their operations or employees. Compliance with these legal obligations is the sole responsibility of the Service Provider. The Company does not verify, monitor, or enforce compliance with such insurance laws and makes no representations that any Service Provider meets statutory or regulatory requirements.

c. Company’s Lack of Obligation or Liability

The Company is not an insurer or insurance broker, does not provide or procure insurance on behalf of any Service Provider or Customer, and does not act as an agent for any insurer. The Company has no obligation to verify, review, monitor, or confirm the existence, adequacy, or validity of any insurance policies maintained by any user of the Platform. Any information displayed or referenced within the Platform concerning a Service Provider’s insurance status is based solely on data self-reported by that Service Provider and is provided for informational purposes only. Such information does not constitute confirmation, endorsement, or certification by the Company, and the Company expressly disclaims all responsibility for the accuracy, completeness, or timeliness of any such information.

d. Customer Responsibility for Verification

Customers are solely responsible for conducting their own due diligence regarding the insurance status and qualifications of any Service Provider. Customers should request certificates of insurance directly from the Service Provider and verify coverage details with the issuing insurer. The Company does not provide copies of insurance documents and is not responsible for confirming that any Service Provider maintains active or adequate insurance coverage.

e. Additional Insured and Waiver of Subrogation

If a Service Provider elects to maintain Commercial General Liability, automobile, or other relevant insurance, the Service Provider agrees that such policies shall, where possible:

i. Name Rush OnDemand, Inc

as an additional insured for both ongoing and completed operations, with coverage to extend to all claims arising from the Service Provider's work or services; ii. Provide coverage that is primary and non-contributory with respect to any insurance maintained by the Company; and iii. Include an express waiver of the insurer’s right of subrogation against the Company and its officers, directors, employees, and agents. Service Providers shall provide certificates of insurance reflecting these endorsements upon the Company’s request within ten (10) business days. Failure to provide such proof may result in suspension of Platform access until compliance is achieved. The Company reserves the right, but has no obligation, to verify coverage or restrict Platform access based on insurance compliance.

f. Disclaimer

The Company expressly disclaims all responsibility and liability for the existence, adequacy, or validity of any insurance maintained or not maintained by any Service Provider or Customer. Each user acknowledges and agrees that it is solely responsible for its own risk management decisions, including whether to obtain insurance and in what amounts, and that the Company shall have no duty to advise, inspect, or ensure compliance with any insurance requirement.

12. Mandatory Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY TRANSACTION, INTERACTION, OR RELATIONSHIP BETWEEN YOU AND THE COMPANY (EACH, A “DISPUTE”) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1–16. THE ARBITRATION SHALL BE CONDUCTED IN HILLSBOROUGH COUNTY, FLORIDA, BEFORE A SINGLE, NEUTRAL ARBITRATOR SELECTED IN ACCORDANCE WITH THE APPLICABLE AAA RULES. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE, AND THE ARBITRATOR’S AWARD SHALL BE FINAL, BINDING, AND NON-APPEALABLE, EXCEPT AS PERMITTED UNDER THE FAA. JUDGMENT ON THE AWARD MAY BE ENTERED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO ISSUES OF ARBITRABILITY, JURISDICTION, SCOPE, AND DETERMINE ALL ENFORCEABILITY, INCLUDING ANY DISPUTE REGARDING THE FORMATION, EXISTENCE, VALIDITY, OR TERMINATION OF THESE TERMS. THE ARBITRATOR MAY GRANT ANY RELIEF AVAILABLE IN A COURT OF COMPETENT JURISDICTION, INCLUDING EQUITABLE RELIEF, SUBJECT TO THE LIMITATIONS OF THESE TERMS.

a. Applicable Arbitration Rules

I. Consumer Disputes: IF THE DISPUTE INVOLVES A CONSUMER (AS DEFINED UNDER APPLICABLE LAW), ARBITRATION SHALL BE ADMINISTERED UNDER THE AAA CONSUMER ARBITRATION RULES. THE COMPANY SHALL PAY THOSE ARBITRATION COSTS THAT THE AAA RULES OR APPLICABLE LAW REQUIRE THE COMPANY TO PAY. IF THE ARBITRATOR DETERMINES THAT THE CONSUMER’S CLAIMS ARE FRIVOLOUS, THE ARBITRATOR MAY REALLOCATE COSTS CONSISTENT WITH APPLICABLE LAW.

ii. Service Provider Disputes. IF THE DISPUTE INVOLVES A SERVICE PROVIDER, ARBITRATION SHALL BE ADMINISTERED UNDER THE AAA COMMERCIAL ARBITRATION RULES THEN IN EFFECT. THE PARTIES SHALL SHARE EQUALLY IN THE COSTS AND FEES OF ARBITRATION UNLESS OTHERWISE DIRECTED BY THE ARBITRATOR OR REQUIRED BY LAW. III. Mixed or Multi-Party Disputes: IF A DISPUTE INVOLVES BOTH A CONSUMER AND A SERVICE PROVIDER, OR ISSUES ARISING FROM BOTH RELATIONSHIPS, THE ARBITRATION SHALL BE CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES, UNLESS OTHERWISE REQUIRED BY LAW OR ORDERED BY THE ARBITRATOR.

b. Remote Participation and Hearing Procedures

THE PARTIES AGREE THAT, TO PROMOTE EFFICIENCY AND CONVENIENCE, ANY ARBITRATION HEARING OR RELATED PROCEEDING MAY BE CONDUCTED WHOLLY OR PARTIALLY VIDEOCONFERENCE, INCLUDING BY TELECONFERENCE, OR OTHER SECURE VIRTUAL PLATFORM, AT THE DISCRETION OF THE ARBITRATOR OR UPON MUTUAL AGREEMENT OF THE PARTIES. PARTICIPATION BY REMOTE MEANS SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS PHYSICAL ATTENDANCE, AND THE AWARD SHALL BE DEEMED RENDERED IN HILLSBOROUGH COUNTY, FLORIDA, REGARDLESS OF THE LOCATION OF PARTICIPANTS. REMOTE MEANS, BY

c. Waiver of Jury Trial and Class or Representative Actions

BY AGREEING TO THESE TERMS, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY FORUM. YOU FURTHER AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS, TO CONDUCT CLASS ARBITRATION, OR TO PRESIDE OVER ANY FORM OF REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING.

d. Venue and Jurisdiction for Ancillary Proceedings

ANY COURT PROCEEDINGS TO COMPEL ARBITRATION, CONFIRM OR VACATE AN AWARD, OR ENFORCE INJUNCTIVE RELIEF SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN HILLSBOROUGH COUNTY, FLORIDA. EACH PARTY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THOSE COURTS AND WAIVES ANY CLAIM OF INCONVENIENT FORUM OR IMPROPER VENUE. THESE TERMS AND ANY ARBITRATION PROCEEDINGS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO ITS CONFLICT-OF-LAW PRINCIPLES, AND SUBJECT TO PREEMPTION BY THE FEDERAL ARBITRATION ACT WHERE APPLICABLE.

e. Equitable Relief

Notwithstanding the foregoing, the Company retains the right to seek temporary, preliminary, or permanent injunctive or equitable relief in any court of competent jurisdiction to prevent or remedy unauthorized use of the Platform, infringement or misappropriation of intellectual property, or breaches of confidentiality obligations. Such action shall not constitute a waiver of the Company’s right to compel arbitration of any other claims.

f. Costs and Attorneys’ Fees

Except as otherwise required by law or AAA rules, each party shall bear its own attorneys’ fees and costs. The arbitrator may award reasonable attorneys’ fees and costs to the prevailing party consistent with applicable law and these Terms.

g. State-Specific Compliance

THIS ARBITRATION PROVISION IS INTENDED TO BE FULLY ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT AND FLORIDA LAW. TO THE EXTENT STATE LAW IMPOSES ADDITIONAL REQUIREMENTS OR LIMITATIONS ON ARBITRATION, THE FOLLOWING APPLY: I. California: THIS CLAUSE SHALL BE GOVERNED BY THE FAA, BUT TO THE EXTENT CAL. CIV. CODE § 1281.2 OR RELATED STATUTES APPLY, THEY ARE INCORPORATED HEREIN BY REFERENCE. IF ANY PORTION OF THIS ARBITRATION CLAUSE IS DEEMED UNCONSCIONABLE OR UNENFORCEABLE, IT SHALL BE SEVERED, AND THE REMAINDER SHALL REMAIN IN EFFECT.

ii. New York. THE ARBITRATOR SHALL APPLY NEW YORK’S CHOICE-OF- LAW PRINCIPLES ONLY TO THE EXTENT CONSISTENT WITH THE FAA AND FLORIDA LAW.

iii. Florida. VENUE FOR ANY JUDICIAL PROCEEDING RELATING TO ARBITRATION OR ENFORCEMENT SHALL LIE EXCLUSIVELY IN HILLSBOROUGH COUNTY, FLORIDA, AND THE PARTIES EXPRESSLY WAIVE ALL OBJECTIONS BASED ON PERSONAL JURISDICTION OR FORUM NON CONVENIENS.

h. Survival and Severability

This Arbitration and Dispute Resolution provision shall survive the termination of your relationship with the Company and the termination or expiration of these Terms. If any portion of this provision is found invalid or unenforceable, that portion shall be severed, and the remainder shall remain in full force and effect.

i. User to User Disputes

DISPUTES SOLELY BETWEEN USERS AND NOT INVOLVING THE COMPANY MAY BE DEEMED USER TO USER DISPUTES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING DIRECTLY OR INDIRECTLY BETWEEN A CUSTOMER AND A SERVICE PROVIDER IN CONNECTION WITH OR ARISING OUT OF ANY TRANSACTION, SERVICE, INTERACTION, OR COMMUNICATION CONDUCTED THROUGH OR IN CONNECTION WITH THE PLATFORM (“USER-TO-USER DISPUTE”) MAY BE SUBJECT TO BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION IF BOTH PARTIES TO THE USER-TO-USER DISPUTE AGREE IN WRITING TO ARBITRATE. ALL SUCH USER-TO-USER DISPUTES SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE COMMERCIAL ARBITRATION RULES (OR THE CONSUMER ARBITRATION RULES IF REQUIRED BY LAW), BEFORE A SINGLE NEUTRAL ARBITRATOR SEATED IN HILLSBOROUGH COUNTY, FLORIDA, UNLESS OTHERWISE AGREED IN WRITING BY THE PARTIES TO THE DISPUTE. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO DETERMINE ALL ISSUES OF ARBITRABILITY AND JURISDICTION, AND THE ARBITRATION SHALL BE FINAL AND BINDING ON ALL PARTICIPATING PARTIES. BY USING THE PLATFORM, EACH CUSTOMER AND SERVICE PROVIDER ACKNOWLEDGES AND AGREES THAT: I. THE COMPANY IS NOT A PARTY TO ANY CONTRACT, AGREEMENT, OR TRANSACTION BETWEEN CUSTOMERS AND SERVICE PROVIDERS, AND ASSUMES NO LIABILITY FOR ANY OBLIGATIONS ARISING THEREFROM. II. ARBITRATION OF USER-TO-USER DISPUTES UNDER THIS CLAUSE IS SOLELY BETWEEN THOSE USERS, AND THE COMPANY IS NOT REQUIRED TO PARTICIPATE EXCEPT AS MAY BE NECESSARY TO ENFORCE THIS ARBITRATION PROVISION OR TO COMPLY WITH A LAWFUL ORDER. III. EACH USER WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO BRING, PARTICIPATE IN, OR MAINTAIN ANY CLAIM, ACTION, OR PROCEEDING AGAINST THE COMPANY IN ANY FORUM ARISING OUT OF OR RELATING TO A USER-TO-USER DISPUTE, EXCEPT TO ENFORCE AN ARBITRATION AWARD OR AS OTHERWISE EXPRESSLY PROVIDED HEREIN. IV. THE COMPANY RETAINS THE RIGHT, BUT NOT THE OBLIGATION, TO FACILITATE OR COORDINATE ARBITRATION LOGISTICS, INCLUDING SUBMISSION OF PROCEDURAL NOTICES OR ADMINISTRATION THROUGH THE PLATFORM. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE ANY AGENCY, PARTNERSHIP, OR JOINT-VENTURE RELATIONSHIP BETWEEN THE COMPANY AND ANY USER, NOR SHALL IT LIMIT ANY RIGHTS OF THE COMPANY TO SEEK INDEMNITY OR REIMBURSEMENT FROM ANY USER UNDER THESE TERMS.

13. Intellectual Property

a. Company IP

All trademarks, service marks, trade names, logos, copyrights, trade secrets, software, databases, text, graphics, and other intellectual property owned, developed, or licensed by Company (collectively, “Company IP”) are and shall remain the exclusive property of the Company or its licensors. You are granted a limited, non-exclusive, non- transferable, revocable license to access and use the Platform and Company IP solely for lawful use of the Platform in accordance with these Terms. You shall not copy, reproduce, modify, distribute, display, perform, create derivative works of, or otherwise use any Company IP except as expressly authorized in writing by the Company. All rights not expressly granted are reserved by the Company.

b. User Content License

You grant the Company a perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, display, publish, distribute, and otherwise exploit any business name, logo, service descriptions, reviews, or other materials or content you provide (“User Content”) solely for the purpose of operating, marketing, and promoting the Platform and the services offered through it. The Company will not sell or license your User Content to unrelated third parties without your consent. You represent and warrant that you own or otherwise have all necessary rights to grant this license and that your User Content does not infringe any third-party rights.

c. Assignment of Work Product

Any inventions, discoveries, improvements, developments, software, documentation, concepts, designs, data, feedback, or other works of authorship (“Work Product”) that you create, develop, or prepare for or on behalf of the Company, or in connection with your access to or use of the Platform (including any suggestions, enhancements, or improvements to the Platform or Company IP), shall be the exclusive property of the Company. You hereby irrevocably assign to the Company all right, title, and interest in and to such Work Product, including all associated intellectual property rights, and agree to execute any documents reasonably requested by the Company to perfect such ownership. This section does not apply to work created by Service Providers for Customers through the Platform, which remains the property of those respective parties.

d. Survival of Obligations

The rights and obligations under this Section shall survive any termination, suspension, or expiration of your relationship with the Company or of these Terms, and shall continue to bind you and your successors and assigns.

e. Enforcement and Protection

The Company reserves all rights to enforce its intellectual property and contractual rights and may require you to cease any unauthorized use of Company IP or Work Product at any time. You acknowledge that any breach of this Section may cause irreparable harm to the Company for which monetary damages would be inadequate, and agree that the Company shall be entitled to seek immediate injunctive relief, in addition to any other remedies available at law or in equity. The Company shall also be entitled to recover reasonable attorneys’ fees and costs incurred in enforcing its rights under this Section.

f. Copyright Infringement

The Company respects the intellectual property rights of others and expects all users of the Platform to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, the Company has adopted the following policy for responding to claims of copyright infringement. If you believe that any content on the Platform infringes your copyright, you may submit a written notice (“DMCA Notice”) that includes all of the following:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by the notice, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit the Company to locate the material (e.g., a URL or direct link); 4. Your full name, mailing address, telephone number, and email address; 5. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
4. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. DMCA Notices must be submitted to the Company’s Designated Copyright Agent: DMCA Agent Name: Rushd OnDemand DMCA__ Address: 400 N Ashley Dr, Suite 1900 PMB 1078, Tampa, FL 33602 Email: legal@rushod.com_________ Phone: 8135407028____________ Upon receipt of a valid DMCA Notice, the Company will remove or disable access to the allegedly infringing material and may notify the user who posted the material. The Company may terminate, suspend, or restrict the accounts of repeat infringers in appropriate circumstances. If you believe that material removed or disabled pursuant to a DMCA Notice was removed or disabled as a result of mistake or misidentification, you may send the Company’s Designated Agent a written counter-notification that includes:
5. Your physical or electronic signature; 2. Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before removal or disabling;
6. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
7. Your name, address, telephone number, and email address; 5. A statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located, or, if outside the U.S., to the jurisdiction of any U.S. federal district court where the Company may be found; and,
8. A statement that you will accept service of process from the person who filed the original DMCA Notice or their agent. Upon receipt of a valid counter-notification, the Company may restore the material in accordance with the DMCA unless the copyright owner initiates a legal action seeking a court order to restrain the user from engaging in infringing activity. In appropriate circumstances, the Company may, in its sole discretion, terminate or suspend the accounts of users who are determined to be repeat infringers or who repeatedly submit infringing content. Under 17 U.S.C. §512(f), any person who knowingly makes a material misrepresentation in a DMCA Notice or counter-notification may be liable for damages, including costs and attorneys’ fees.

14. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy and Cookie Policy, incorporated by reference, explain how we collect, use, and protect your information.

15. Termination

a. Termination Rights

Either party may terminate these Terms at any time upon written notice. In addition, the Company may, at its sole discretion and without prior notice, suspend or terminate your account, access to the Platform, or your ability to provide or receive services through the Platform if: i. You violate these Terms, any Service Provider Agreement, or any applicable law or regulation; ii. You fail to maintain any required licenses, permits, insurance, or employee records as required by applicable law; iii. You fail to pay subscription, transaction, verification, or other fees owed to the Company when due; iv. You fall below any minimum performance or conduct standards established by the Company or fail to comply with any Code of Conduct, operational guideline, or policy adopted by the Company; v. You provide false, misleading, or fraudulent information or documentation to the Company, Customers, or other users; vi. You engage in conduct that, in the Company’s sole judgment, may harm Customers, other Service Providers, the Company, or the reputation, integrity, or security of the Platform; or vii. The Company determines, in its sole discretion, that continued access would create legal, regulatory, financial, or reputational risk.

b. Effect of Termination

Upon termination, your right to access or use the Platform immediately ceases. The Company may withhold, offset, or recover any payments otherwise due to you to satisfy any outstanding fees, damages, or liabilities owed to the Company or to Customers. You remain responsible for all obligations incurred before termination, including indemnification, confidentiality, intellectual property, and liability for services performed prior to termination.

c. Survival of Obligations

All provisions that by their nature should survive termination will remain in effect, including but not limited to Sections relating to Intellectual Property, Indemnification, Limitation of Liability, Confidentiality, Dispute Resolution, and Service Provider Performance Standards. This includes but is not limited to Sections 3-5, 7-13, 15- 16 and 18.

d. Customer Protection and Transition

If your account is terminated for cause, you agree to cooperate fully with the Company to ensure minimal disruption to Customers. This includes completing any accepted but unfulfilled service commitments, providing transition information, or refunding Customers as directed by the Company. Failure to comply may result in forfeiture of outstanding payments or additional legal action.

e. No Liability for Termination

To the fullest extent permitted by law, the Company shall not be liable to you or any third party for any suspension or termination of your account, access, or services, regardless of cause, provided that such termination is made in accordance with these Terms. You acknowledge that termination may result in loss of data, content, or earnings, and you agree that the Company shall have no liability or obligation to compensate you for such losses.

f. Continuing Rights

Termination shall not limit any rights or remedies available to the Company at law or in equity, including recovery of damages, enforcement of indemnification rights, or pursuit of injunctive relief.

16. Compliance with Laws

a. Licensing Requirements

Service Providers are solely responsible for determining, obtaining, and maintaining all licenses, registrations, certifications, bonds, and permits required to legally perform the services they offer through the Platform. This includes compliance with all applicable federal, state, and local laws, rules, and regulations governing their trade, occupation, or profession. The Company does not provide legal or regulatory advice and makes no representation that use of the Platform satisfies or substitutes for any licensing or registration requirement.

b. Ongoing Compliance and Recordkeeping

Service Providers must maintain complete and accurate records of all licenses, registrations, and authorizations and update them as required by law. The Company may, at its discretion, request proof of licensing or certification but has no duty to verify, monitor, or enforce any Service Provider’s compliance. Any failure to maintain legally required licensing or certification constitutes a material breach of these Terms.

c. Consumer Protection and Fair-Dealing Laws

All services performed through the Platform must comply with applicable consumer-protection, advertising, and fair-trade laws and regulations, including but not limited to truth-in-advertising, home-solicitation, and right- to-cancel statutes. Service Providers must perform services in a professional, workmanlike manner consistent with industry standards and in accordance with any warranties or representations made to Customers. Service Providers are solely responsible for complying with all contractual and disclosure requirements imposed by applicable federal, state, or local laws governing their trade or profession. This includes, without limitation, any obligations to provide written contracts, cost estimates, notices of cancellation rights, lien notices, disclosures of licensure status, bonding information, or warranty terms to Customers as required by consumer-protection, construction, or home-improvement statutes. Customers are likewise responsible for ensuring that any required permits, inspections, or governmental approvals relating to the work or property are obtained prior to commencement of services. The Company does not research or secure such permits, nor does it verify that any Service Provider or Customer has fulfilled these obligations. Each party agrees that failure to comply with any applicable contractual disclosure or permit requirement is solely that party’s responsibility, and the Company shall have no liability arising from any omission, misstatement, or noncompliance under applicable law.

d. Disclaimer of Company Responsibility

The Company does not verify, warrant, or guarantee that any Service Provider is properly licensed, insured, or qualified to perform any service. The Company may display information provided by a Service Provider regarding licenses or qualifications, but such display is for informational purposes only and does not constitute an endorsement or certification. Customers are solely responsible for verifying the licensing, qualifications, and insurance status of any Service Provider they engage. NOTWITHSTANDING THE FOREGOING, THE COMPANY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO CONDUCT BACKGROUND CHECKS, VERIFY CREDENTIALS, OR REMOVE SERVICE PROVIDERS FROM THE PLATFORM AT ITS SOLE DISCRETION.

17. Service Providers Performance Standards

Service Providers shall comply with any Code of Conduct or other performance standards which the Company may adopt from time to time. Failure to comply with these standards may result in immediate suspension or termination of access to the Platform, forfeiture of pending payments, and liability for damages.

18. General Provisions

a. Governing Law and Venue

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. Subject to the arbitration provisions herein, the exclusive venue for any judicial proceeding permitted under these Terms shall be the state or federal courts located in Hillsborough County, Florida, and each party irrevocably submits to the personal jurisdiction of such courts and waives any objection to venue or inconvenient forum.

b. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

c. Waiver

No waiver by the Company of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of the Company. Failure or delay in exercising any right or remedy shall not constitute a waiver thereof.

d. Assignment

You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law, merger, change of control, or otherwise, without the prior written consent of the Company. Any attempted assignment in violation of this section shall be void and of no effect. The Company may assign or transfer these Terms, in whole or in part, at any time and without notice or consent, including to any affiliate, successor, purchaser of assets, or other designated entity. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

e. Notices

All notices, demands, or other communications required or permitted under these Terms must be in writing and shall be deemed duly given (i) when delivered personally with written acknowledgment of receipt, (ii) when sent by email to the email address associated with your account (for notices to you) or to the Company's designated email address (for notices to Company), with confirmation of delivery or reply, (iii) one (1) business day after deposit with a recognized overnight courier with tracking confirmation, or (iv) three (3) business days after being mailed by certified or registered mail, postage prepaid, return receipt requested. Notices to the Company shall be sent to: RUSH ONDEMAND, INC., 400 N Ashley Dr, Suite 1900 PMB 1078, Tampa, FL 33602, Email: rushservice@rushod.com. You must provide and maintain a current email address and mailing address in your account. Notices sent to the last address or email you provided shall be deemed effective even if you have not updated your contact information.

f. Headings and Construction

Section headings are for convenience only and shall not affect interpretation. The words “including,” “includes,” and “include” mean “including without limitation.” Words in the singular include the plural and vice versa. These Terms shall be construed according to their fair meaning and not strictly for or against either party, regardless of authorship.

g. Cumulative Remedies

All rights and remedies provided in these Terms are cumulative and in addition to, and not in lieu of, any other rights or remedies available at law or in equity.

h. Force and Effect of Execution

These Terms may be accepted electronically, by click- through acceptance, digital signature, or by use of the Platform, all of which shall constitute valid and binding consent. These Terms become effective and binding upon your first use of the Platform or creation of an account, whichever occurs earlier.

i. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Data Processing Agreement, Code of Conduct (for Service Providers), and any other policies or agreements expressly incorporated by reference and made available on the Platform, constitute the entire agreement between you and the Company regarding your access to and use of the Platform. They supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, relating to their subject matter. In the event of any conflict between these Terms and any incorporated policy or agreement, these Terms shall control unless the incorporated document expressly states otherwise.

j. No Third-Party Beneficiaries

Except as expressly stated otherwise, these Terms are for the sole benefit of the parties and their permitted successors and assigns and do not confer any rights or remedies on any other person or entity.

k. Survival

All provisions that by their nature should survive termination, including but not limited to Sections 8-11, 13-16 and 18, and those relating to indemnification, confidentiality, limitation of liability, dispute resolution, intellectual property, and governing law, shall survive termination of these Terms.

19. Contact Information

For questions about these Terms, please contact us at: RUSH ONDEMAND, INC., Email: legal@rushod.com Last Updated: April 29, 2026