Privacy Policy

TERMS AND CONDITIONS OF USE

By downloading, browsing, accessing, or using the mobile application (“Mobile App”), which is the property of Side Hustle Jobs LLC, a Minnesota limited liability company (referred to as “Side Hustle,” “we” or “our”), to access the Services (defined below) you as the user of the Mobile App (referred to as “you,” “your,” or “User”) agree to abide by and to be bound by these Terms and Conditions of Use (“Terms”). We reserve the right to amend these Terms at any time, and you agree to regularly review these Terms on the Side Hustle website at thesidehustlejobs.com for updates. If you disagree with any of these Terms, you must immediately discontinue your use of the Mobile App, remove the Mobile App from your device, and discontinue your use of the Services offered on the Mobile App. Continued use of the Mobile App will constitute acceptance of these Terms by you, as may be amended from time to time. By using the Mobile App, you affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and that if you are not the age of majority that your legal parent or guardian consents to your use of the Mobile App and accepts these Terms on your behalf. No one under the age of 16 is permitted to use the Mobile App.

1. DEFINITIONS. In these Terms, the following capitalized terms shall have the following meanings, except where the context otherwise requires:

  1. “Account” means an account created by a User on the Mobile App as part of Registration
  2. “Hustler” is the person, either acting on their own behalf if the age of majority for their local jurisdiction or through their parent or legal guardian if they are under the age of majority, that responds to the Job requested by the Poster.
  3. The “Job” is the work or task requested by the Poster to be performed by a selected Hustler.
  4. “Poster” is the person, who is the age of majority for their local jurisdiction, who requests a Job to be performed and who may choose to hire one of the responding Hustlers to perform the Job.
  5. “Register” or “Registration” means to create an account on the Mobile App for use by you as the Poster or Hustler.
  6. “Services” means all the services provided by Side Hustle via the Mobile App to Users, and consists of a desktop web application, Mobile App, and other related tools provided by third party vendors through the Mobile App that Posters and Hustlers can use to find, communicate, exchange funds for Jobs, and interact with each other.
  7. “Users” means Registered users of the Mobile App, including Hustlers and Posters.

2. PAYMENT TERMS, SCOPE, AND NECESSARY EQUIPMENT FOR SERVICES.

  1. Payment Terms. Side Hustle agrees to provide, and User agrees to pay for the Services. Posters set the amount they will pay a Hustler for a Job (“Price”) at their own discretion. Poster will pay Side Hustle a percentage of the Job Price (“Job Fee”) for providing the Services. Poster consents to the payment of the Job Fee through an automatic withdrawal or ACH payment using the bank account or card associated with the Poster’s Account. If the Job Fee is unable to be collected for any reason, Poster agrees to a late fee of 1.5% per month, or the highest rate permitted by law, whichever is less, on any Job Fees not received by Side Hustle when due. User shall pay for all costs and expenses, including reasonable attorney and expert fees, incurred by Side Hustle in enforcing its rights for payment under these Terms.
  2. Scope; Limitation of Services: The Mobile App the Services are provided for your use in connecting with other Users. Side Hustle provides the Services only, and does not provide any work for Jobs. Side Hustle makes no representations or warranties about the quality of work done by a Hustler for a Job, and does not endorse any Hustler, and does not research or verify the identity of any User. A User can elect to be a Verified User (defined below), but all Users are responsible for conducting their own research on another User. Users are not under the direction or control of Side Hustle, and Users determine in their own discretion how to interact with other Users.
  3. Equipment and Networks: The provision of the Services and use of the Mobile App does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile App, such as internet access. To use the Mobile App, you will require internet connectivity. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Mobile App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile App or any such third-party charges as may arise. You accept responsibility for any such charges that arise. You acknowledge that Side Hustle is not your internet service provider (“ISP”), and that you are subject to the terms and conditions of, and any charges form, your ISP.
  4. Permission to use Mobile App: If you are not the account owner for the ISP, mobile telephone, or handheld device being used to access the Mobile App, you represent and warrant that you have received permission from the account owner for using the Mobile App and any charges that may extend form the Mobile Provider or ISP.

3. License to Use Material. By submitting any content, such as text or images (including photographs) (“Material”) via the Mobile App, you represent that you are the owner of the Material or have proper authorization from the owner of the Material to use, reproduce, and distribute the Material. You hereby grant Side Hustle a worldwide, royalty-free, non exclusive license to use the Material to promote any Side Hustle products or services.

4. THIRD PARTY VENDORS. Side Hustle may engage with third party vendors to provide Services to Users. Side Hustle does not collect any credit card or payment information from Users, and engages with a third party to provide for payment and receive of payments. In addition, Side Hustle does not conduct any background checks, and engages a third party to perform the background check. User is subject to the terms and conditions of such third party vendors, and indemnifies Side Hustle for any claims, losses, or damages caused by such third-party vendor.

5. VERIFICATION. Users have the option, for an additional cost (“Verification Fee”), to submit to a background check and be noted as a “Verified” User for reference by other Users. The background check is performed by a third-party vendor, not by Side Hustle. Users understand that there is an inherent risk involved in using the Mobile App, and that working with a Verified User does not guarantee safety. If a background check reveals that a User has been convicted of a felony or violent crime, the User’s Account will be terminated, and the User will not receive any refund of the Verification Fee. Users remain fully responsible to evaluate and investigate any other Users with which they interact. Side Hustle does not automatically submit Users to background checks through the third party vendor. Background checks may vary by type, breadth and depth. Records not available to third-party background check agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in background checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions in foreign countries and nolle prosequi (abandonment of prosecution) may not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.

6. LOCATION ALERTS AND NOTIFICATIONS. You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile App from other Users and third party vendors necessary to provide the Services, if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be). If you do not wish to receive Location Alerts, you are responsible for turning these alters off in the setting of your device.

7.YOUR OBLIGATIONS.

  1. Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete, and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
  2. Content on the Mobile App and Service: It is your responsibility to ensure that any Job information available through the Mobile App or the Services, including information about the other party, is accurate and meets your specific requirements, and that you are acing in a safe manner in compliance with applicable laws before confirming to participate in any Job.
  3. Prohibitions in relation to usage of Services or Mobile App: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile App:
    1. To send or receive any material which is illegal;
    2. To send or receive any material which is threatening, harassing, abusive pornographic, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, in violation of any IP Rights or privacy or any other third party rights;
    3. To send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties);
    4. To send or receive any material which is technically harmful (including but not limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
    5. To cause interference with our provision of, or any other User’s use of, the Services;
    6. For a purpose other than which we have designed them or intended them to be used;
    7. For any fraudulent purpose;
    8. Other than in conformance with accepted internet practices and practices of any connected networks, or to post “spam” or other unauthorized commercial communications;
    9. In any way which is calculated to incite hatred against any person(s), or is otherwise calculated to adversely affect any individual, group, or entity; or x. In such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
  4. Prohibitions in relation to usage of Services, Mobile App: Without limitation, you further undertake not to or permit anyone else to:
    1. Furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
    2. Attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
    3. Execute any form of network monitoring which will intercept data not intended for you;
    4. Enter into fraudulent interactions or transactions with us or another User(including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
    5. Extract data from or hack into the Mobile App;
    6. Use the Services or Mobile App in breach of these Terms;
    7. Engage in any unlawful activity in connection with the use of the Mobile App or the Services; or
    8. Engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile App or Services.

8.RULES ABOUT USE OF THE SERVICE AND THE MOBILE APP SUSPENSION AND TERMINATION.If you use (or anyone other than you, with your permission uses) the Mobile App, any Services in contravention of these Terms, we may suspend your use of the Services and/or Mobile App.

If we suspend the Services or Mobile App, we may refuse to restore the Services or Mobile App for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms. Without limitation to anything else in this Section, Side Hustle shall be entitled immediately or at any time (in whole or in part) to:

  1. suspend the Services and/or Mobile App;
  2. suspend your use of the Services and/or Mobile App; and/or
  3. suspend the use of the Services and/or Mobile App for persons we believe to be connected (in whatever manner) to you, if:
    1. We suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms; or
    2. We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

Our rights under this section shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

9. WARRANTIES; DISCLAIMER AND EXCLUSION OF LIABILITY.

  1. Warranties: The Mobile App, the Services, the information on the Mobile App and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.

    To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile App and its contents, including in relation to any inaccuracies or omissions in the Mobile App, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

    We do not warrant that the Mobile App will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile App will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

    While we may use reasonable efforts to include accurate and up-to-date information on the Mobile App, we make no warranties or representations as to its accuracy, timeliness or completeness.

    Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile App, financial transfers, or electronic mail transmitted to and from us, will not be monitored or read by others.

    USER ACKNOWLEDGES AND AGREES THAT NO TECHNOLOGY IS FOOLPROOF OR IMMUNE FROM ATTACK. SIDE HUSTLE CANNOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE MOBILE APP OR SERVICES WILL OPERATE WITHOUT INTERRUPTION, SECURELY, ERROR FREE, WITHOUT DEFECT, FREE OF HARMFUL CODE, THIRD PARTY DISRUPTION OR THAT SIDE HUSTLE WILL CORRECT ALL DEFECTS. IN ADDITION, USER UNDERSTANDS AND ACKNOWLEDGES THAT THE INTERNET IS NOT A SECURE MEDIUM, MAY BE INHERENTLY UNRELIABLE AND SUBJECT TO INTERRUPTION OR DISRUPTION AND MAY BE SUBJECT TO INADVERTENT OR DELIBERATE BREACHES OF SECURITY, FOR WHICH SIDE HUSTLE SHALL NOT BE HELD LIABLE.

  2. Limitation of Liability. To the fullest extent permitted by law, Side Hustle shall not be liable for any acts or omissions of any third parties howsoever caused, whether in contract or in tort (including negligence or breach of a duty) and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Mobile App and the Services, your access to, use of or inability to use the Mobile App or the Services, reliance on or downloading from the Mobile App and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages. Indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

    IN NO EVENT SHALL SIDE HUSTLE AND ITS REPRESENTATIVES’ COLLECTIVE AGGREGATE LIABILITY FOR ANY CLAIMS OR LOSSES (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY) EXCEED $1,000.00.

    The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

10. INDEMNITY.

  1. By You. You will defend, indemnify and hold harmless Side Hustle and its affiliates, directors, officers, agents, licensors, and other partners and employees from and against any third-party claim (including claims involving Side Hustle or third-party IP Rights) arising from or in any way related to your use of the Services, your violation of any law, or your breach of any representations, warranties, or obligations in these Terms, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
  2. By Side Hustle. In the event any infringement claim against you arising out of or resulting from any claim by a third party against you that any of the Services or your receipt or use of such Services knowingly infringes any IP Rights of a third party existing as of the date of delivery of the applicable Services and arising under the laws of the United States, Side Hustle may, at its sole option and expense: (i) procure for you the right to continue use of the Services or infringing part thereof; (ii) modify or amend the Services or infringing part thereof, or replace the Services or infringing part thereof with similar functionality; or (iii) if neither of the preceding is commercially practicable terminate the Services and the licenses granted herein.
  3. Exclusions. This indemnification obligation of Side Hustle will not apply if the infringement arises as a result of (i) any use of the Services in a manner other than as specified in these Terms, (ii) any use of the Services in combination with other products, equipment, devices, systems, or data not supplied by us to the extent such claim is directed against such combination, or (iii) any alteration, modification, or customization of the Services made by any party other than Side Hustle or our authorized representative.
  4. Notification. As soon as practicable, the Party requesting indemnification shall notify the indemnifying Party of its potential right to defense and indemnification in a writing detailing the basis for the request and the third-party claim; provided that the failure to give notice within that time shall relieve the indemnifying Party of its obligations under this Section only to the extent that the indemnifying Party is actually prejudiced by such failure. If it accepts the defense, the indemnifying Party shall control the defense and resolution of the claim, including the selection and retention of counsel. The Party requesting indemnification shall cooperate in the defense and resolution of any claim at the expense of the indemnifying Party. Failure to provide such cooperation shall relieve the indemnifying Party of its obligations under this Section. The Party requesting indemnification may participate in and observe the defense and resolution of any claim with its own counsel at its sole cost and expense. The indemnifying Party shall not settle the claim in a manner that materially adversely affects the indemnified Party without its consent, which shall not be unreasonably withheld.

11. INTELLECTUAL PROPERTY RIGHTS.All editorial content, works, logos, graphics, sounds, images, information, photographs, illustrations, artwork and other graphic materials (“IP”), and names, logos and trade marks on the Mobile App are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be (“IP Rights”). This IP may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

Nothing contained on the Mobile App should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile App without our written permission. Misuse of any trademarks or any other content displayed on the Mobile App is prohibited. We will not hesitate to take legal action against any violation of our IP Rights to preserve and protect our IP in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

12. AMENDMENTS.We may periodically make changes to the contents of the Mobile App, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile App.

We reserve the right to amend these Terms from time to time without notice. The revised Terms will be posted on the Mobile App and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

13. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY WAIVER.

  1. Governing Law. You agree that:
    1. the Services shall be deemed solely based in the United States of America; and
    2. the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Minnesota. These Terms shall be governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Minnesota for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Minnesota is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
  2. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Side Hustle. For any dispute with Side Hustle, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that Side Hustle has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. The arbitration will be conducted in state of Minnesota, unless you and Side Hustle agree otherwise. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees in accordance with arbitration rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Side Hustle from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement,misappropriation, or violation of our data security, IP Rights or other proprietary rights.
  3. Class Action/Jury Trial Waiver. TO THE EXTENT PERMITTED BY LAW, WITH RESPECT TO ALL USERS, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENGAGING WITH SIDE HUSTLE FOR THE SERVICES AND AGREEING TO THESE TERMS, YOU AND SIDE HUSTLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

14. GENERAL.

  1. Entire Agreement; Amendment. These Terms, including the Side Hustle Privacy Policy found at https://thesidehustlejobs.com/privacy-policy/, and all documents referenced herein, constitutes the entire agreement between you and Side Hustle and governs your use of the Mobile App and Services. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you are additionally subject to such third party’s terms and conditions applicable thereto, and these Terms will not affect your legal relationship with such third party.
  2. Severability. If any term or provision of these Terms are determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such term or provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
  3. Assignment. User may not assign these Terms, its Account, or any of its rights or obligations hereunder, to a third party without the written consent of Side Hustle. Any assignment in violation of the foregoing is null and void. This Agreement inures to the benefit of and is binding upon the parties hereto and their successors and assigns.
  4. Waiver. Failure to enforce or a waiver by either party of one default or breach of the other party will not be considered to be a waiver of any subsequent default or breach.
  5. Notices. All notices required or permitted hereunder will be in writing, delivered personally, by email, or by nationally recognized overnight courier (e.g., FedEx) at the parties’ respective addresses, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Notices to Side Hustle shall be sent to contact@thesidehustlejobs.com or to such other address as Side Hustle designates in writing.

    Notices to you will be sent to the most recently listed in association with your Account on the Services or to such other address as User designates in writing. You agree that Side Hustle may send any privacy or other notices, disclosures, reports, documents, communications and other records regarding the Services (collectively, “Notices”) in electronic form to: (1) the email address that you provided during Registration, or (2) by posting the Notice on the Services. The delivery of any Notice is effective when posted to the Services or sent by Side Hustle (whichever first occurs), regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by cancelling your Account. You must give notice to us in writing via email to contact@thesidehustlejobs.com or another address otherwise expressly provided.
  6. Force Majeure. Neither party will be liable to the other for failure to fulfill obligations hereunder, except for making timely payment, if such failure is due to causes beyond its control, including acts of God, earthquake, fire, flood, embargo, pandemic, epidemic, catastrophe, sabotage, utility or transmission failures, governmental prohibitions or regulations, national emergencies, insurrections, riots or war.
  7. No Agency. Neither party has the ability to bind the other party to any agreements or other obligations and will not attempt to do so. Side Hustle and you are independent contractors, and nothing in this Agreement creates any partnership, joint venture or agency relationship. As between each other, each party is fully responsible for all persons and entities it employs or retains.
  8. Remedies. All rights and remedies of the parties, under these Terms, in law or at equity, are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be an election of that remedy to the exclusion of other remedies. A party’s breach or threatened breach of any of its covenants or agreements in these Terms may cause irreparable injury that is inadequately compensable in monetary damages.

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