Legal Kastor Legal Kastor

Terms of Service

Last updated: 9/14/2020

1. Introduction

Welcome to BLUKASTOR LLC (“Company”, “we”, “our”, “us”)! As you have just clicked to our Terms of Service, please make a pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 25 minutes. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BLUKASTOR LLC. In these Terms, the words "including" and "include" mean "including, but not limited to."

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at www.blukastor.com (the "Website"), the Blukastor mobile application and Blukastor Provider mobile application for IOS and Android (the "Apps") including any content, functionality and services offered on or through the Website or our Apps (“Service”) (the Website, the “Service”, and the Apps, are together or individually referred to as the "“Blukastor Platform”), whether as a guest or a registered User. For the sake of clarity, reference to “Client”, “Provider/Blukastor(s)” and depending on the context, “you”, may also refer to Users: the Client who is the user (individual and/or business) seeking to obtain short-term services (“Tasks”) for themselves and/or their guests, from a Blukastor (Provider); and are clients of the Blukastors. The Blukastors (Providers) who are the user (a business enterprise) seeking to provide to clients the Peer to Peer Service (“P2P service”, “Task”) scheduled through the Blukastor Platform.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of the Blukastor Platform. Please read it here https://www.blukastor.com/auth/privacy-policy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”), This Agreement is effective as of the date and time you accept it. By installing the App, by otherwise accessing or using any aspect of the Blukastor Platform, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree that you have read, understood, and agree to be bound and abide by these Agreements If you do not agree with (or cannot comply with) Agreements, then you may not use the Blukastor Platform, but please let us know by emailing at info@blukastor.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access BLUKASTOR PLATFORM or use P2P Service as defined above and in more detail in Section 2.

Thank you for being responsible.

A few highlights of these Terms of Service include:

As provided in greater detail in these Terms of Use (and without limiting the express language of these Terms of Use), you acknowledge and agree the following:

  • You must be at least the legally required age in the jurisdiction in which you reside (18 years old for U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the Blukastor Platform (Section 24).
  • That Blukastors are independent business enterprise of Clients and not employees, independent contractors or service providers of Company (Section 2).
  • The Blukastor Platform connects you to other Users. Your acknowledgment and agreement that Company does not supervise, scope, direct, control, or monitor a Provider’s work and the Tasks performed (Section 2).
  • The Blukastor Platform is licensed to you, not sold to you, and you may use the Blukastor Platform only as set forth in these Terms of Use;
  • The use of the Blukastor Platform may be subject to separate third-party terms of service and fees, including, without limitation, such terms of service and fees imposed by your mobile network operator (the “Carrier”), including fees charged for data usage and overage, which are your sole responsibility;
  • You consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy;
  • The Blukastor Platform is provided “as is” without warranties of any kind, and Company’s has no liability regarding User action or omission on the Blukastor Platform or the performance of Tasks; (Section 30)
  • That Clients are solely responsible for determining if the Blukastors they hire are qualified to perform the Task (Sections 2).
  • Access to certain features of the Blukastor Platform may require access to information about the location of your device, such as GPS coordinates;
  • We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages, chat between and among Users (as defined in Section 2 and 9) that occur through the Blukastor Platform for our business purposes, including to provide and improve customer service and the Blukastor Platform, fraud prevention, and to identify violations of this Agreement;
  • You agree not to circumvent the Blukastor Platform by soliciting, scheduling and/or paying for Services and/or Additional Tasks outside the Blukastor Platform on our behalf;
  • To hold harmless and indemnify Company from claims due to your use or inability to use the Blukastor Platform or content submitted from your account to the Blukastor Platform (Section 38).

 

2. Blukastor Platform Connects Clients and Providers (known as Blukastors) providing P2P Service.

Blukastor Platform Access Agreement (BPAA): The Blukastor Platform is a web-based communications platform which facilitates Provider’s provision of Peer-to-Peer Service (“P2P Service”) to Users seeking to access certain types of P2P Service (“Clients”) for themselves and/or their guests. Blukastor enables connections between Users (Clients and Blukastors). For purposes of these Terms, the services provided by Providers to their Customers that are scheduled through the Blukastor Platform shall be referred to as the "Task” or “P2P Service” that specifically do not comprise “Excluded Task” (particular tasks deemed ineligible for scheduling or performing through the Blukastor Platform due to applicable licensing/permitting regulations and other similar requirements). Company reserves the right to alter, modify and remove Tasks requests. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, COMPANY OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH P2P SERVICE PROVIDERS (BLUKASTORS) WHO WISH TO PERFORM A VARIETY OF TASKS.

Any reference on the Blukastor Platform to a Provider being licensed or credentialed in some manner, or "badged", “verified”, “Rated”, “Ambassador”, “endorsed”, "background checked," “vetted” (or similar language) designations indicates only that the Provider has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Company of such Blukastor’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Providers whom they contact or interact with via the Blukastor Platform.

The Client must determine for themselves whether a Provider is required to be licensed for that specific task and to ensure the Blukastor is qualified to perform the requested Task. The Client should consult their state or local requirements to determine whether certain Tasks are required to be performed by a licensed professional. Please note that the Blukastors are deemed to be unlicensed unless otherwise is mentioned.

Please be aware that the Provider shall perform for you the Task you requested through the Blukastor Platform, those Tasks may include; cleaning, Merchandise pick up and drop off obtained from a third party, errand, or tasks that can involve personal belongings, Company does not perform the task, and does not provide Merchandise neither is responsible for Merchandise, personal belongings or any other stuff a client trust to a Provider. When a Client requests a Task through the Blukastor Platform, the Client provides additional information and requirements. If you accept the Task, you agree on the terms of the Task with the Other user, you an such other User form a Service Agreement directly between the two of you (defined in more detail in Section 3).

The Blukastors choice to Provide P2P Service to Clients: While using our Blukastor Provider App, you may receive lead generation and other technology-based services that enable those operating independent business enterprises like you to provide P2P Service (“Tasks”) requested by Clients. Subject to the terms and conditions of this Agreement, Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use our Blukastor Platform (including the Blukastor Provider App) solely for the purpose of providing Tasks and accessing services associated with providing Tasks that are requested through our Blukastor Platform. We do not, and have no right to, direct or control you. Subject to Blukastor Platform availability, you decide when, where and whether (a) you want to offer P2P Service facilitated by our Blukastor Platform and (b) you want to accept, decline, ignore or cancel a Task (defined above) request; provided, in each case, that you agree not to discriminate against any potential Client in violation of the Requirements (defined below). Subject to your compliance with this Agreement, you are not required to accept any minimum number of Tasks in order to access our Platform and it is entirely your choice whether to provide P2P Service to Clients directly, using our Blukastor Platform, or using any other method to connect with Clients, including, but not limited to other platforms and applications in addition to, or instead of, ours. You understand, however, that your Clients experiences with your P2P Services, as determined by Client input, may affect your ability to access our Blukastor Platform or provide P2P Services. The Americans with Disabilities Act imposes obligations including the obligation to transport Riders with service animals and does not contain exceptions for allergies or religious objections. We have the right to and you consent to the permanent deactivation of your Blukastor Provider account and the permanent termination of your contractual relationship with us if, based on the evidence, we conclude that you knowingly refused a Task request from a Client with a service animal, or if we receive plausible reports from Clients of more than one cancellation or refusal by you alleged to be on the basis of the presence of a Client’s service animal.

BY USING THE BLUKASTOR PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

IT IS A USER’S SOLE DISCRETION; WHEN A USER ACCEPTS OR OFFER TASKS THROUGH THE BLUKASTOR PLATFORM. IT IS THE CLIENT EXCLUSIVELY RESPONSABILITY TO EVALUATE THE PROVIDER AND ITS QUALIFICATIONS. ALSO, IT IS THE PROVIDER’S EXCLUSIVELY RESPONSIBILITY TO EVALUATE THE REQUEST MADE BY THE CLIENT. BLUKASTOR PLATFORM PROVIDES ENOUGH INFORMATION AND TOOLS TO FACILITATE USERS PROFILES AND TASK REVIEW. HAVING SAID THAT, EACH TASK REQUESTED BY A CLIENT THROUGH THE BLUKASTOR PLATFORM THAT IS PERFOMED BY A PROVIDER SHALL CONSITUTE A SEPARATE AGREEMENT BETWEEN THAT PROVIDER AND THE CLIENT. PROVIDERS (KNOWN AS BLUKATORS) ARE INDEPENDENT BUSINESS OWNERS. BLUKASTORS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNRES, REPRESENTATIVES, AGENTS, JOINT VENTURERS, SUBCONTRACTORS OF COMPANY OR INDEPENDENT CONTRACTORS FRANCHISEES OF COMPANY. COMPANY IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY PROVIDER. USERS EXPRESSLY AUTHORIZE COMPANY TO MATCH AUTOMATICALY USERS BASED ON THE REQUESTS AND PROVIDERS PROFILE, UNDERSTANDING THAT THE CLIENT WILL RECEIVE ASSIGNED PROVIDER PROFILE AND THAT CLIENT HAS 5 MINUTES TO CANCEL A TASK WITHOUT PENALTY, IF PROVIDER ASSIGNED DOES NOT SATISFY CLIENTS EXPECTATIONS.

COMPANY DOES NOT PERFORM TAKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A PROVIDER’S WORK AND EXPRESSLY DISCLAIMS ANY REPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE TASK IN ANY MANNER. COMPANY ONLY ENABLES CONNECTIONS BETWEEN USERS FOR THE FULFILLMENT OF TAKS. COMPANY MAKES NO REPRESENTATION AND IS NOT REPONSIBLE FOR THE PERFORMANCE OR COMMUNICATIONS OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY TASK. COMPANY DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF TASKS DELIVERED BY PROVIDERS. COMPANY DOES NOT HAVE CONTROL OVER USERS, NOR OF THE INTEGRITY, REPONSIBILITY, COMPETENCE, QUALIFICATIONS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY USERS, OR OF ANY RATINGS PROVIDED BY USERS WITH RESPECT TO EACH OTHER. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR ACCURACY OF THE TASK REQUESTED OR SERVICE PROVIDED BY, OR THE COMMUNICATIONS OF OR BETWEEN USERS, IDENTIFIED THROUGH THE BLUKASTOR PLATFORM, WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS. COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TASK PROVIDED TO CLIENTS BY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE TASK, WARRANT OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN.

Equipment. As a Provider, you are solely responsible for any costs or expenses incurred by you in connection with the performance of the Task, and in no event shall Company reimburse, or be required to reimburse, you for any tools, materials, costs or expenses used in connection with the Task. You shall furnish and maintain, at your own expense, the tools, equipment, supplies, and other materials used to perform your P2P Service. You, at your sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Task, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials. At your request, Company may offer to you certain equipment, supplies, and materials for purchase. You are not required to purchase any equipment, tools, supplies, or materials from Company at any time.

Representations: By providing P2P Services as a Provider on the Blukastor Platform, you represent, warrant, and agree that: (i) you are solely responsible for obtaining the necessary licenses and/or certifications for performance of the Services or Additional Services; (ii) you will not transfer or sell your User account, password and/or identification to any other party; (iii) you will be solely responsible for any and all liability that results from or is alleged as a result of your provision of P2P Services, including, but not limited to personal injuries, death and property damages; (iv) you will comply with all applicable laws, rules and regulations while providing P2P Services, and you will be solely responsible for any violations of such provisions; (v) you will pay all applicable federal, state and local taxes based on your provision of P2P Services and any payments received by you; (vi) you will not attempt to defraud Company or a Client in connection with your provision of P2P Services; and (vii) you will not demand that a Client pay in cash, or use a credit card reader or other off-platform payment service, to accept payment for Task or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

3. Service Agreement Between Users:

You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Task. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Blukastor Platform, and any other contractual terms accepted by both the Providers (Blukastors) and their Clients to the extent such terms do not conflict with the terms in this Agreement, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Company and the Blukastor (Provider), nor will it create an employment relationship between the Client and the Provider. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Company’s role, beyond enabling connections between Clients and Blukastors via it’s Blukastor Platform, is to act as a limited payment collection agent for the Provider to facilitate payment for Tasks on behalf of the Provider through the Blukastor Platform using the Blukastor Payment Tool (“BPT”). In acting as the limited payment collection agent for Providers on the Blukastor Platform, Company disclaims any other agency or authority to act on behalf of the Provider, and assumes no liability or responsibility for any acts or omissions of the Provider, either within or outside of the Blukastor Platform.

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

Task requests may appear in the Blukastor Provider app and each Blukastor may attempt to accept, decline or ignore them. Accepting a Task request creates a direct business relationship between The Blukastors (Providers) and their Client in accordance with the terms of the Service the Client has requested through our Blukastor Platform. The mechanism for accepting or declining Tasks may vary depending on your location and the type of Task-request The Provider accept. The Blukastors acknowledge upon acceptance of a Task request, they may incur fees as described below in section 11.

Users will choose the most effective, efficient, and safe manner to reach the destinations associated with a Task. Any navigational directions offered in the Blukastor Platform are offered for your convenience only; you have no obligation to follow such navigational directions. You agree to transport Clients, their guests, or their stuffs, directly to their specified destination, as directed by the applicable person, without unauthorized interruption or unauthorized stops.

Users may receive User information, including approximate Task location, and users agree that your Users may also be given identifying information about the other User, including your first name, photo, location, vehicle information, and certain other information you have voluntarily provided through the Blukastor Platform (collectively, “User Information”). Without a Client’s consent, you agree to not contact any Client or otherwise use any of the Client’s User Information except solely in connection with the provision of Tasks to that Client. Providers agree to treat all Clients User Information as Confidential Information (defined below) received by the Client under this Agreement. Users acknowledge that their violation of Users confidentiality obligations may also violate certain laws and could result in civil or criminal penalties.

While using the Blukastor Platform, Clients, in their sole discretion, determine whether they will be present or not when a Task is performed. Clients who elect not to be present when a Task is performed agree that if someone other than them books the Task on their behalf or is present when the Task is performed, they are appointing that person as their agent (“Client’s Agent”) and the Blukastors may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself. If you are a Client’s Agent and accessing and using the Blukastor Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents. Client’s Agents are deemed third parties for the purposes of the Commitment of Excellence and are thereby excluded from it.

The Client shall pay their Blukastor(s) in full for all Task services via the BPT as indicated on the Blukastor Platform, at the rates agreed to by the parties in the Service Agreement including taxes, fees and any pre-approved out of pocket expense. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Task.

Most often, the client must provide the necessary supplies (e.g. cleaning supplies, water, garbage bags, etc.) for the contracted Task, unless otherwise specified by the Client when placing a Task Appointment. However, the Provider will provide tools and supplies that facilitate the performance of the Providers, contributing to a better client experience as well as gaining a reputation through the ratings in the Blukastor Platform that will increase the assignment of future appointments.

4. Provider Background check and Identity Check Process

During the Provider account creation and registration, we will collect, and may verify, certain information about the Blukastor and if applicable; the vehicle(s) the Blukastors uses to provide the Task (“your vehicle”). (b) Unless otherwise disclosed. Provider are subject to a review process before they can register for and during their use of the Blukastor Platform. Therefore, Company checks the backgrounds of each provider using “Checkr” a third-party background check company. The background checks may include but is not limited to: identity verification, right to work checks, driving record, and criminal background checks such as a sex offenders registry check; county, state, federal and national criminal records check; and domestic and international terrorist watchlist check. Company also requires each Provider to upload to Blukastor Platform a government-issue photo ID and a profile picture. Although Company may perform Background Checks through a third-party, Company cannot confirm that each User is who they claim to be, and Company cannot and does not assume any responsibility for the accuracy or reliability of Background Check information. Company cannot and does not guarantee that a Provider’s profile and background check information are current and up to date.

Vehicle Standards: You agree that your vehicle will be properly registered, licensed and suitable to provide Services in your Region. You represent that at all times during the provision of any Task your vehicle will be in your lawful possession with valid authority to use your vehicle to provide P2P Services in your Region. You agree that your vehicle will be in safe operating condition, consistent with safety and maintenance standards for a vehicle of its type in the P2P Service industry. You agree to monitor for and repair any parts that are recalled by your vehicle’s manufacturer (as well as anything else the Requirements applicable to your particular Region may require). Company present Providers with the opportunity to elect to use your car for any task, if you don’t want to use your vehicle to perform a task you may not include your vehicle information and you may not accept any task that requires a provider with vehicle. If you accept to use your vehicle, please see more information in section 8.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY, OR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS NOT RESPONSIBLE OR LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE TASK. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY TASK. YOU HEREBY RELEASE THE COMPANY AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE BLUKASTOR PLATFORM

5. Commitment of Excellence:

All Users covenant to:

  • You will act professionally and responsibly in your interactions with other Users;
  • You will use your real name or business name and an up-to-date photo on your profile;
  • When using or accessing the Blukastor Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
  • You will not use the Blukastor Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
  • You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Blukastor or Client as the case may be, and only utilize the third party payment service provider specified or approved by Company to make or receive payment for services provided through the Blukastor Platform;

Blukastors (Providers) additionally covenant to:

  • When using the Blukastor Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business enterprise;
  • You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Blukastor Platform, and maintain an independent clientele;
  • You have the unrestricted right to work in the jurisdiction in which you will be performing Tasks;
  • If the Task is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
  • You are responsible for identifying, understanding, and complying with (i) all laws (including, but not limited to, the Americans with Disabilities Act and applicable laws governing your collection, use, disclosure, security, processing and transfer of data), rules and regulations that apply to your provision of Tasks (including whether you are permitted to provide P2P Service at all) in the jurisdiction(s) in which you operate (your “Region”) and (ii) this Agreement (collectively, the “Requirements”). Subject to applicable law, you are responsible for identifying and obtaining any required license (including but not limited to driver’s license and a state contractor’s license pursuant to California Business and Professions Code section 7000 et seq., if such license is applicable to the Task you are performing); permit, or registration required to provide any P2P Service that you provide using our Blukastor Platform. Notwithstanding anything to the contrary in this Agreement, for the avoidance of doubt, your ability to access and use our Blukastor Platform is at all times subject to your compliance with the Provider Requirements. You agree not to access or attempt to access our Blukastor Provider app if you are not in compliance with the Provider Requirements.
  • You have any and all insurance required to operate your business and provide your services;
  • You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Task(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
  • You represent, warrant and covenant that (a) you have all the necessary expertise, skills and experience to provide Tasks in compliance with the Requirements, standards applicable to the P2P Service, and provide those services safely and in accordance with all applicable laws (b) your access and use of our Blukastor Platform, and provision of P2P Service, in your Region is permitted by the Requirements (including any age requirements), and (c) all such access and use of our Platform will be in compliance with the Requirements. The Blukastors are responsible for, and bear all costs of, providing all equipment, tools and other materials that you deem necessary or advisable and are solely responsible for any obligations or liabilities arising from the Tasks you provide.
  • As a Provider you agree never to take a Client's vehicle for any personal use in all respects. This includes purchasing a meal, seeing friends, returning home during a reservation, etc.
6. User Representation and Warranties

All Users represent and warrant that:

  • You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;
  • Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
  • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
  • You have read, understand, and agree to be bound by these Terms of Service, the Privacy Policy; and to the Commitment of Excellence Defined Above
  • You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or Company in connection with the Blukastor Platform without the prior written consent of Company and/or the relevant User, as applicable;
  • Other than as fully and promptly disclosed in writing to Company, you do not have any motivation, status, or interest that Company may reasonably wish to know about in connection with the Blukastor Platform, including without limitation, if you are using or will or intend to use the Blukastor Platform for any journalistic, academic, investigative, or unlawful purpose.
  • User will not drive a vehicle without a proper Auto insurance, A driver and vehicle owner must present to each other proof of Auto insurance before a task starts.

Blukastors (Providers) additionally represent and warrant that:

  • Access to our technology platform includes access to our technology application (the “Blukastor Provider app”) that, amongst other things, facilitates P2P Service between you and your clients; as well as websites and all other associated services, including payment and support services, provided by Blukastor Platform.
  • The relationship between the Blukastors and Company is solely as independent business enterprises, each of whom operates a separate and distinct business enterprise that provides a service outside the usual course of business of the other. This is not an employment agreement and you are not an employee. You confirm the existence and nature of that contractual relationship each time you access our Platform. We are not hiring or engaging you to provide any service; you are engaging us to provide you access to our Platform. Nothing in this Agreement creates, will create, or is intended to create, any employment, partnership, joint venture, franchise or sales representative relationship between you and us. You have no authority to make or accept any offers or representations on our behalf.
  • Company hereby grants Providers a non-exclusive, non-transferable, non-sublicensable, non-assignable license, during the term of this Agreement, to use our Blukastor Platform solely for the purpose of providing P2P Services and accessing services associated with providing P2P Services.
  • You agree to not take any action to manipulate or falsify your device geo-location. Your device geo-location information is required for the proper functioning of our Blukastor Platform. You grant us the irrevocable right to obtain your geo-location information and to share your location with third parties, including your Clients. We may not and will not use this information to attempt to supervise, direct, or control you or your provision of Tasks.
7. Insurance

Your Auto Liability Insurance for P2P Service. You will maintain automobile liability insurance on your vehicle that provides protection against bodily injury and property damage to third parties at coverage levels that satisfy the minimum requirements to operate a vehicle on public roads wherever you use your vehicle. You must be listed as an insured or a driver on your automobile liability insurance. You will provide us with a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for your policy, as well as copies of the same upon renewal. You will notify us in writing immediately if the policy you have is cancelled.

Limitations on Your Personal Insurance. You understand that while you are providing P2P Service your personal automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage for you. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility to resolve them with your insurer.

Your Other Insurance for P2P Service.You will maintain workers’ compensation insurance if it is required by applicable law. If allowed by applicable law, you can insure yourself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance (and it is at your own risk if you decide not to).

Blukastor Maintained Insurance. We may, in our sole discretion, choose to maintain auto insurance related to Clients, but we are not required to provide The Providers with any specific coverage for loss to the Blukastor or Blukastor’s vehicle, unless we specifically describe it our Terms. We can change, reduce or cancel insurance that is maintained by us, if any, at any time without notice to you or authorization from you.

Client Maintained Insurance. The Client may, in its sole discretion, choose to maintain general liability and employment practices liability insurance. Client is not required to provide The Providers with any specific coverage for loss to the Provider or Blukastor’s vehicle. However, if a Client is requesting a provider to drive Client’s vehicle, The client must present prove of Auto insurance prior to start the task.

8. Duty to Abide by Laws and Safety Guidelines.

You as Provider are required to drive safely and obey all applicable laws, including but not limited to any posted traffic and safety laws, at all times while performing the driving services contemplated in this Agreement.

For example, the following occurrences are prohibited during the existence of this Terms, and may lead to termination of your account:

  1. Arrest or conviction of any major traffic offense
  2. conviction for DUI (driving under the influence) or DWI (driving while intoxicated) or OVI (operating a vehicle while intoxicated) or such similar offense in any U.S. state that prohibits operation of a motor vehicle while under the influence of any chemical agent that causes intoxication or substantial impairment of the senses required to operate a motor vehicle.
  3. Suspension or loss of your driver's license or your unrestricted driving privileges.
  4. Conviction of any felony, or any other crime involving moral turpitude.
  5. Suspension or loss of your automobile insurance.
  6. A belief, formed by Company and manifested in its sole discretion and in reliance on any available information, that you have provided driving services through this Agreement while using, having used, or under the influence of any chemical agent or substance that causes intoxication or substantial impairment of the senses required to operate a motor vehicle.
  7. Involvement in any automobile accident where you are found to be at fault.
  8. Violation of the Terms and Service Agreement between users.
  9. Any false statements made on your driver registration form.
  10. The use of a mobile device while driving, including, but not limited to, texting while driving or using an app or the internet while driving.
  11. As a Provider you agree never to take a Client's vehicle for any personal use in all respects. This includes purchasing a meal, seeing friends, returning home during a reservation, etc. User will not drive a vehicle without a proper Auto insurance, A driver and vehicle owner must present to each other proof of Auto insurance before a task starts.
9. Communications

By becoming an User, you expressly consent and agree to subscribe to newsletters, marketing or promotional materials and other information we may send via email, text message, calls, and push notifications to the telephone number or email address you provided to us, as further described in our Privacy Policy. However, you may opt out of receiving any, or all, of these communications from us by emailing at info@blukastor.com. Company does not discriminate against Users whom elect to opt-out of promotional and other communications. You may opt out of receiving non-promotional communications from us at any time by deactivating your account. You may continue to receive messages for a period of time while we work to deactivate your account, and you may also receive text messages confirming the deactivation of your account. You consent to receive live, autodialed, or pre-recorded calls from us at the telephone number that you have provided to us to: (a) facilitate communications among Users; or (b) otherwise provide our services or enforce these Terms of Use. You are not required to provide your consent to these calls as a condition of use the Blukastor Platform. Standard telephone minute charges may apply.

We care about your data, that is why we created an integrated Chat in the Blukastor Platform, so a client can communicate to a provider or to the Company admin staff to get help, without using your personal phone. We may, without further notice or warning and in our discretion, monitor or store chat conversations when you exchange messages with another User though our chat. Also, when you or anyone acting on your behalf communicate with Company admin staff by chat or telephone for quality control and training purposes or to protect our rights. Company reserve the right to access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the Blukastor Platform for our business purposes, including to provide and improve customer service and the Blukastor Platform, fraud prevention, and to identify violations of these Agreements. You agree to the use and disclosure of the related data for legitimate business purposes.

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

10. Ratings.

A Provider may be asked to comment on a Client, and a Client may be asked to comment on a Provider. These comments can include star or other ratings and other feedback (collectively, “Ratings”), which we ask all users to provide in good faith. Ratings are not confidential and you hereby authorize our use, distribution and display of your Ratings (and Ratings about you) as provided in our Privacy Policy, without attribution or further approval. We have no obligation to verify Ratings or their accuracy, and may remove them from our Platform in accordance with the Company standards. You can find out more about Ratings and how they may affect your ability to access our Platform by visiting our website. Occasionally the Client may poorly or unfairly rate a Blukastor Service. (e.g. when rejecting a Task considered dangerous by the Provider). The Provider should contact our support team at info@blukastor.com and explain the situation. The Blukastor Platform as facilitator will evaluate each of situations and work towards a resolution. Notifications must be sent within 24 hours of Task completion.

11. Payments.

If you wish to request a Task, you may be asked to supply certain information relevant to your Task Request including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Task Request; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services (currently, Stripe) for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. In addition, Users authorize Company and our third-party services payment processing to facilitate the transaction of the Services and the payment remittance of all applicable charges and fees between you and other Users and between you and us. All payments transacted through Stripe shall be subject to the Stripe Connected Account Agreement, located at https://stripe.com/connect/account-terms, which includes the Stripe Terms of Service, located at https://stripe.com/us/terms (collectively, the "Stripe Services Agreement"). By agreeing to this Agreement, you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of Company facilitating payment processing services through Stripe, you agree to provide Company accurate and complete information about you and, if applicable, your business, and you authorize Company to share it and transaction information related to your use of the payment processing services provided by Stripe.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: Providers availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Trial: During Trail Blukastor Platform version, if Stripe is not available, the Client will pay via cash an amount that corresponds to the Task Rate, taxes and all Provider expenses, and only and if they choose, any gratuity.

  1. Provider Payments:

    As a Provider, Company enables you, through the Blukastor Platform, to charge your Client(s) a “Task Rate” for each Task, The Task Rate includes (i)The Base Rate applicable for the Task plus additional fees paid by a Client as describe below, and may be adjusted based on marketplace factors, such as supply and demand (ii) any tip or gratuity provided to you by the Customer, Task Rate do not include gratuity, nor is receiving a gratuity guaranteed. Rather, Clients may, in their sole discretion, decide to provide Provider with gratuity. Company will not take any portion of your gratuity except as described below. If any gratuity is remitted using our application, it shall be included with other monies you may be entitled to receive (collectively, the "Provider Payment"), which will be communicated to you through the Site. You acknowledge and agree the Provider Payment shall not include any interest and will be net of any amounts that we are required to withhold by law. You are not allowed to collet any Out of Pocket expense through our app, it is entirely your responsibility and it is under your own risk if you decide to pay something with your money on behalf of your client. Task Rate is Standard determined by the category and Provider expertise, set by the Blukastor Platform and subject to change as deemed necessary by the Blukastor Platform. You expressly authorize Company to pre-set the prices on your behalf for all Task Rate that apply to the provision of Services that you provide through the Blukastor Platform. Nevertheless, the Provider may set the desired hourly rate in their Provider profile within the Blukastor Platform. By defining the hourly rate within the Blukastor Platform, the Service Provider will avoid any job assignments where the hourly rate is below the fore set amount.

    Notwithstanding the above, Providers may request an adjustment of their applicable Task Rate upon mail written notice to the attention of Blukastor LLC. Nothing set forth herein shall prohibit or otherwise restrict Providers from negotiating Additional Services with a Customer. Company reserves the right to withhold all or a portion of Task Rate if it believes that you have attempted to defraud or abuse Company or BPT systems.

    No gas, tolls, or commuting related expenses will be reimbursed to the Providers before, after or while performing any Task.

    Limited Agency, in order to facilitate the transactions described in this Agreement, you as Provider hereby appoint us as your limited agent for payment collection for your Task and we hereby accept such appointment. We will process the Provider Payment on your behalf through our BPT.. We will use commercially reasonable efforts to remit amounts owed to you at least once a week, you will be responsible of payment processing fees (Transaction fee). The Provider Payment will be treated as if paid to you directly by a Client. Further, by accepting a Task, you agree to charge the Client Payment to the Client at the amount recommended by us as your limited pricing agent. Either party may revoke this appointment by terminating this Agreement; such revocation will be effective after final settlement of all outstanding liabilities under this Agreement.

    Deductions; Set-off. You also agree that Provider Payments may be used to satisfy a court order of garnishment against you; to reimburse us for citations, tickets, or other administrative penalties or fines assessed by governmental entities or any airport arising from your conduct; or to reimburse us for any erroneous overpayment to you.

    No Separate Payment Related to Blukastor Marketing, Clients Promotions or Clients Membership (Subscriptions).
    We often separately advertise and market our Platform and other products and services generally (including discounts or promotions) to Clients that reduce what they ultimately pay for a Task. This also includes Memberships that reduces the Service Fee we charged to the client in exchanges of a monthly payments. Our advertising, marketing or Subscriptions (Memberships) does not impact your Provider Payment, nor entitle you to any additional payment.

    Adjustments; Disputes: In our good faith discretion, we may adjust or, in more serious situations, cancel or refund in its entirety, any component of the Client Payment for reasons such as fraud, a failure to properly end a Task, or your violation of this Agreement, such as a failure to comply with the Requirements. If you believe in good faith that there was an error that requires an adjustment to the Provider Payment, you can report that error by contacting us including by using the Blukastor Provider app or phone support. You must report errors within 24 hours or you will waive your right to dispute such Provider Payment. Disputed amounts will be paid promptly upon resolution. Amounts owed to you will not include interest and, if permitted by applicable law, will be net of any amounts you owe us.

    Reimbursement of Resolution Costs: Notwithstanding anything set forth herein to the contrary, you further represent, warrant, and agree (i) to pay all reasonable out-of-pocket expenses incurred by Company in connection with the resolution of any property damage or other claims resulting from a Task you performed for a Client, and (ii) that Company shall have the right to suspend your Provider account until it has received payment in full for all such reimbursable amounts. This may include any reimburse to clients if a Provider does not comply with Terms, Users services agreement and commitment of excellence.

    Receipts Our Platform provides you with a system for delivering receipts to your Clients. After completing a Task, the receipt will be electronically delivered to your Client on your behalf. It includes certain information about you and that Client.

    Taxes You are required to follow applicable law regarding your tax registration, calculation and remittance obligations for your Clients, as well as to provide us with all relevant tax information. You are responsible for taxes on your own income. Based on applicable tax or regulatory considerations, we may choose in our reasonable discretion to collect from Client Payment taxes applicable to your Tasks and remit such amounts directly to the applicable taxing authority, and may provide any of the relevant tax information you have given us directly to the applicable tax authorities on your behalf or otherwise.

    Notice of Changes We will give you notice of any change to any base rate or applicable distance and/or time amounts, and pre-set prices and minimum Based Rate, and by continuing to accept Tasks requests, you are deemed to accept these changes.

  2. Client Payments: Unless we indicate otherwise, for each Task, the Client will pay an amount that includes the Task Rate, applicable taxes, other applicable fees retained by us as well as an amount that corresponds to the Service Fee (such as a fee based on certain Task attributes), and if they choose, any gratuity.
  3. Our Service Fees: In consideration for services connecting Users and related services, including payment processing, The Provider will pay us (and/or permit us to collect from the Task Rate) a service fee (“ Service Fee ”) on each Task. For the avoidance of doubt, Provider will not be charged a fee to access our Blukastor Platform. For each Task, the Service Fee equals the Client Payment (defined above) minus: (a) the Base Rate net of transaction fee; (b) the booking fee retained by us; (d) any gratuity, and (e) applicable estimated taxes and surcharges.

  4. Instant Payment. Company, at its sole discretion, may present Providers with the opportunity to elect to receive their Provider Payments through Blukastor’s Instant Payment Feature (BIPF). If you enable the Instant Payout feature in your Provider Dashboard, you acknowledge that you will be charged a extra fee for this Instant Payout service as described by Blukastor Platform prior to confirmation. You understand that (i) your financial institution may not support Instant Payout, (ii) Company and Stripe make no guarantee concerning how quickly Instant Payout payments will settle with your account, and (iii) not all payments through the Blukastor Platform are eligible for Instant Payout.

  5. Finishing an order before scheduled time: Unless we indicate otherwise, if the task is requested to be perform during a period of more than 1 hour the minimum Task Rate per task and charges associate to it, is one hour. If the task is booked using a promotional price based on Task duration, the price for the Task finished before the expected time will be the standard Task Rate without promotions.

  6. Backgrounds Check: Unless we provide a promotional Code, Provider is responsible for the Background check, motor vehicle records or any other report as mentioned in section 4. After a Provider completes its profile, provider will need to pay the associated cost in order to run the necessary Background check.

    Service Cancellation: Company's cancellation policy for specific Tasks is as follows:

    1. As a Custome, you may cancel your scheduled Service appointments through the App at any time, subject to the conditions found in the FAQ Section.
    2. As a Provider, cancelling a Task previously accepted may adversely affect the Provider’s customer rating and him or she may be charged a “Cancellation fee”, which will be deducted from the Task fee of the following completed Task if there is not available cash in the Blukastor Account; you may cancel your scheduled Service appointments through the App at any time, subject to the conditions found in the FAQ Section:

    AS A PROVIDER, PLEASE BE ADVISED THAT YOUR CANCELLATION OF (A) ANY “ASAP” APPOINTMENTS, (B) ANY SCHEDULED APPOINTMENTS WITH LESS THAN TWENTY-FOUR (24) HOURS NOTICE, OR (C) TWO OR MORE SCHEDULED APPOINTMENTS WITHIN A THIRTY (30)-DAY PERIOD IS A VIOLATION OF THE TERMS OF THIS AGREEMENT AND THE SERVICE AGREEMENT BETWEEN USERS, WHICH MAY RESULT IN THE SUSPENSION OR DEACTIVATION OF YOUR PROVIDER ACCOUNT.

12. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

13. Drugs and Alcohol

Blukastor has a zero-tolerance drug and alcohol policy for all providers. If there is any suspicion that a Blukastor Service Provider is under the influence of drugs or alcohol, the Client remove himself from any situation deemed as dangerous, and then contact Blukastor immediately.

14. Weapons.

Blukastor has a strict "No Weapons" policy. This means that if any Provider or Client possesses a weapon in plain sight during a Task, regardless of whether possession is legal where they are located, they will be removed from the Blukastor Platform. The presence of a weapon might make another community member distressed, and Blukastor is dedicated to keeping our Service Providers and Clients secure and comfortable. Any possession of a weapon on a Blukastor job must be reported immediately.

15. Use of Blukastor Branded Materials.

(a) Except to the extent necessary to comply with applicable law, you are not required to use, wear or display Company’s name or logo on your vehicle or clothing, or to use signaling lights, stickers, decals, or other such materials displaying Company’s name or logo (collectively “Blukastor Branded Materials”). (b) Your authorized display of Blukastor Branded Materials may signify to Clients that your P2P Service is facilitated by our Blukastor Platform. Company grants you a limited license to use, wear, or display Blukastor Branded Materials provided directly to you by Company (“Authorized Blukastor Branded Materials”) when providing Tasks solely for the purpose of identifying yourself and your vehicle to Clients as someone selling P2P Service facilitated by our Blukastor Platform. You agree not to (i) use, wear, or display Blukastor-Branded Materials that are not Authorized Blukastor Branded Materials (ii) purchase, accept, offer to sell, sell or otherwise transfer Blukastor Branded Materials that are not Authorized Blukastor Branded Materials or (iii) offer to sell or sell, or otherwise transfer Authorized Blukastor Branded Materials, without Company’s prior written permission. (c) you expressly agree that your access to, or use of, Blukastor Branded Materials, whether or not authorized, does not indicate an employment or other similar relationship between you and us. You further agree not to represent yourself as our employee, representative or agent for any purpose or otherwise misrepresent your relationship with us.

16. Subscriptions.

Some parts of Service are billed on a subscription basis (“Subscription(s)”). The Client will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or BLUKASTOR LLC cancels it. You may cancel your Subscription renewal either through your profile using our Blukastor Application or by contacting BLUKASTOR LLC customer support team. You may cancel or modify your Subscription at any time before your subscription renewal date, cancellations of the current subscription take effect at the end of the current billing period. Once you cancel your paid subscription, you will continue to have full benefits until the end of your current billing period, but you won’t be charged again after that. For example, if your monthly subscription period ends on the 15th of every month, and you cancel on the 20th, you'll continue to have full access until the 15th of the following month, but you won’t be charged again after that.

A valid payment method required to process the payment for your subscription You shall provide BLUKASTOR LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize BLUKASTOR LLC to charge all Subscription fees incurred through your account to any such payment instruments.

By signing up on a Subscription plan, you are agreeing to take responsibility for canceling your subscription before any renewal charge. If a renewal charge is processed before you cancel your subscription, we will not refund it. Should automatic billing fail to occur for any reason, BLUKASTOR LLC will cancel your subscription and all benefits associated with it.

17. Free Trial.

BLUKASTOR LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by BLUKASTOR LLC until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, BLUKASTOR LLC reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

18. Fee Changes.

BLUKASTOR LLC, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

BLUKASTOR LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

19. Refunds.

No refunds or Credits will be issued after payment has been processed. Except when required by law, paid Task rate, Subscription fees, Service fee, booking fee or any other fee paid to company are non-refundable. However, Blukastor will always seek the Clients satisfaction and will consider either rebooking a Service appointment to correct and/or complete the contracted task or issuing a Credit to the Client towards future service appointments depending on each case and its resolution. If you have a complain about a task, you must report the issue within twenty-four (24) hours of the Task appointment’s completion to our Support Center at info@blukastor.com and respond to all follow up questions requested of you from the Support Center. If you have ordered and paid for a Task but you believe the Task was not performed in accordance with description of the Task. Company will review your case and will try to do a remediation: if we determine that a Service does not meet the Commitment of excellence from the user we will, in our sole discretion, either refund (in part or in full) the payment you actually made for such Task, or have the applicable Task re-performed. If the Task is re-performed but we determine the re-performance still does not meet the Commitment of excellence of our users, we will refund the payment actually made by the Client for such Task. The amount of the refund is limited to any payment you made for the Task. The refund does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Task. To be clear, the Company remediation does not apply to any payments made for Task not scheduled and paid for through the Blukastor Platform. Company reserves the right in its sole discretion to eliminate the Company Remediation altogether or to modify its terms at any time, effective with or without notice and without any liability to Company, although Company will endeavor to post notification of any material changes.

20. Content.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

BLUKASTOR LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of BLUKASTOR LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

21. Prohibited Uses & Excluded Tasks.

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

  1. In any way that violates any applicable national or international law or regulation.
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

 

Additionally, you agree not to:

  1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
  2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of Service.
  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  8. Take any action that may damage or falsify Company rating.
  9. Otherwise attempt to interfere with the proper working of Service.

 

Excluded Tasks. Users hereby agree not to schedule or perform any of the following as Tasks through the Blukastor Platform (collectively, the "Excluded Tasks"):

  • Services that require a permit, including, but not limited to, remodeling, plumbing and electrical projects;
  • Services that requires a license or certificate;
  • Services related to childcare (e.g., babysitting), eldercare or lifeguarding services;
  • Services that are performed more than 10 feet above the ground;
  • Services that make the User unsafe or uncomfortable;
  • Services that involve the handling of weapons, explosives or hazardous materials;
  • Services that involve ridesharing among our Users in any type of motor vehicle, aircraft or water craft; orervices that involve ridesharing among our Users in any type of motor vehicle, aircraft or water craft; or
  • Any Service that is illegal or criminal in nature in the state or locality in which it is posted or takes place.

 

22. Analytics.

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

Firebase
Firebase is analytics service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Fathom Analytics
Fathom Analytics is analytics service provided by Conva Ventures Inc. You can find their Privacy Policy here: https://usefathom.com/privacy/

Piwik / Matomo
Piwik or Matomo is a web analytics service. You can visit their Privacy Policy page here: https://matomo.org/privacy-policy

Clicky
Clicky is a web analytics service. Read the Privacy Policy for Clicky here: https://clicky.com/terms

Cloudflare analytics
Cloudflare analytics is a web analytics service operated by Cloudflare Inc. Read the Privacy Policy here: https://www.cloudflare.com/privacypolicy/

Statcounter
Statcounter is a web traffic analysis tool. You can read the Privacy Policy for Statcounter here: https://statcounter.com/about/legal/

Flurry Analytics
Flurry Analytics service is provided by Yahoo! Inc.
You can opt-out from Flurry Analytics service to prevent Flurry Analytics from using and sharing your information by visiting the Flurry's Opt-out page: https://dev.flurry.com/secure/optOut.do
For more information on the privacy practices and policies of Yahoo!, please visit their Privacy Policy page: https://policies.yahoo.com/us/en/yahoo/privacy/policy/index.htm

Mixpanel
Mixpanel is provided by Mixpanel Inc.
You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/
For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/

Unity Analytics
Unity Analytics is provided by Unity Technologies.
For more information on what type of information Unity Analytics collects, please visit their Privacy Policy page: hhttps://unity3d.com/legal/privacy-policy

23. No Use By Minors.

Service is intended only for access and use by individuals at least eighteen (18) years old. By installing the App, clicking to accept or agree to these Agreements, or by otherwise accessing and using any aspect of the Blukastor Platform, you warrant and represent that you are at least eighteen (18) years old, are of legal age to form a binding contract with Blukastor in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

24. Accounts.

When you create an account with us, you guarantee that: (a) you are above the age of 18, (b) that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service; (c) you have the full authority, right, and capacity to enter into these Agreements and abide by all of the terms and conditions of Terms; and (d) if you are using the Blukastor Platform on behalf of a company, entity, or other organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms of Use, and agree to be bound by these Agreements on behalf of that entity. If you do not meet all of these requirements or agree to be bound by the terms of these Agreements you must not use, create Accounts or access the Blukastor Platform or the Services.

We reserve the right to withdraw or amend the Blukastor Platform, and any service we provide on the Blukastor Platform in our sole discretion without notice. We will not be liable if for any reason that all or any part of the Blukastor Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Blukastor Platform, or the entire Blukastor Platform, to Users for any reason or no reason.

For account security and Users safety purposes You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer, photos of yourself, and/or account to access our Platform. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You agree that Company is not responsible for any losses arising from your sharing of account credentials with a third party, including without limitation phishing.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

As provider, you must create and register an account to provide Tasks. All information you provide to us must be accurate, current and complete and you will maintain the accuracy and completeness of such information during the term of this Agreement. Unless otherwise permitted by us in writing, you agree to only possess one account for providing Tasks. You are responsible for all activity conducted on your account. For account security and Users safety purposes, you agree not to share or allow anyone to use your login credentials or other personal information used in connection with your account, including but not limited to photos of yourself, to access our Platform. If you think anyone has obtained improper access to your account, login credentials or personal information, you are required to notify us and to change your password immediately so that we may take appropriate steps to secure your account. You agree that Blukastor is not responsible for any losses arising from your sharing of account credentials with a third party, including without limitation phishing. You can visit www.Blukastor.com/faq for more information about securing your account.

25. Intellectual Property.

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of BLUKASTOR LLC and its licensors. Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BLUKASTOR LLC.

26. Copyright Policy.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@blukastor.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

27. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at info@blukastor.com

 

28. Error Reporting and Feedback.

You may provide us either directly at info@blukastor.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

The third party sites and tools mentioned above include the following:

Bugsnag
Bugsnag is a platform for monitoring and logging stability of applications provided by Bugsnag Inc. Please read their Privacy Policy here: https://docs.bugsnag.com/legal/privacy-policy/

ACRA
ACRA or Application Crash Reports for Android is monitoring platform. Please find more information here: https://github.com/ACRA/acra

Rollbar
Rollbar is error tracking service provided by Rollbar Inc. Find out more here: https://docs.rollbar.com/docs/privacy-policy

Sentry
Sentry is open-source error tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/privacy/

Raygun
Raygun is automated error monitoring software provided by Raygun Limited. Privacy Policy is accessible at https://raygun.com/privacy/

Firebase Crashlytics
Firebase Crashlytics is bug reporting service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

29. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by BLUKASTOR LLC.

BLUKASTOR LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT BLUKASTOR LLC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

30. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

31. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

32. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

33. Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

34. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

35. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

36. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

37. Arbitration

Any dispute over this Agreement or any other matter between you and Company shall be subject to binding arbitration in the State of Florida, city of Miami, with an arbitrator chosen by Company. You and Company agree to share the cost of the arbitrator.

38. Indemnification

You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Blukastor Platform, including, but not limited to, any use of the Blukastor Platform's content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Blukastor Platform.

39. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

40. Contact Us

Please send your feedback, comments, questions, requests for technical support:
By email: info@blukastor.com
By visiting this page on our website: https://blukastor.com
By phone number: +1 305-699-3341 - Whatsapp: +1 786-520-0520
By mail: 66 West Flagler Street, Suite 900 -1213, Miami, Florida, 33130

We are continue working to improve our business and our user’s lifestyle, we will be updating our Terms according.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE BLUKASTOR PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.