DRAFT — Pending Legal Review
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Terms of Service
Last updated: April 2026 · Version: DRAFT v1.0
Important: These terms contain a binding arbitration provision and class action waiver that affect your legal rights. Read carefully.
1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of TapACrew ("Platform," "we," "us," or "our"), operated by [Company Name]. By creating an account or using the Platform, you agree to be legally bound by these Terms.
2. Nature of the Platform
TapACrew is an online marketplace that connects Contractors with Workers. TapACrew is NOT:
- An employer of any Worker or Contractor
- A party to any agreement between Users
- A staffing agency, general contractor, or employment agency
- A provider of labor services, construction, or trades
- A guarantor of payment, work quality, worker eligibility, or any User's conduct
Users transact DIRECTLY WITH EACH OTHER. TapACrew provides only the technology platform, communication tools, and payment processing services.
3. User Relationships & Platform Role
Workers are independent contractors, not employees or agents of TapACrew. Contractors are not employees or agents of TapACrew. No relationship of employment, joint venture, partnership, or agency is created between TapACrew and any User.
TapACrew does NOT:
- Direct, supervise, or control work performed by any Worker
- Dictate hours, methods, or means of services
- Provide tools, equipment, or workspace to Workers
- Set or negotiate pay rates between Users
- Screen or verify qualifications, licensing, or fitness of any User
- Inspect or evaluate work performed by Users
4. Eligibility
You must be at least 18, legally able to form contracts, and not prohibited from using the Platform by law. You must be authorized to work or hire in the United States.
5. User Responsibilities
Workers are responsible for:
- Legal eligibility to work in the U.S.
- Required licenses, certifications, insurance, and permits
- Performing work competently, safely, and in compliance with all laws (OSHA, building codes, etc.)
- Self-employment tax, income tax, and any other tax obligations
- Workers' compensation and liability insurance where required
Contractors are responsible for:
- Correctly classifying Workers (1099 vs W-2)
- Issuing Form 1099-NEC to Workers paid $600+ per year
- Compliance with federal, state, and local labor laws
- Providing safe work environments and complying with OSHA
- Paying Workers promptly and fully for agreed work
- Non-discrimination in hiring
6. Payments & Fees
TapACrew charges a 10% platform fee deducted from each completed transaction. Payments are processed through Stripe Connect. Contractors pay; platform fee is retained; remaining amount transfers to Worker's Stripe account; Stripe deposits to Worker's bank via ACH in 2-5 business days.
Contractors are solely responsible for paying Workers. TapACrew does not advance, guarantee, or insure payments. TapACrew does not withhold taxes.
7. Legal Acknowledgments
Payment Commitment (Contractors): When sending an offer, Contractors digitally sign a Payment Commitment with the Worker. This is a binding commitment between the Contractor and Worker, NOT with TapACrew.
Lien Waiver (Workers): When confirming completion, Workers digitally sign a Lien Waiver with the Contractor. This waiver is between the Worker and Contractor, NOT with TapACrew.
Service Agreement (Per Job): When an offer is accepted, both parties sign an Independent Contractor Service Agreement. TapACrew is NOT a party to this agreement.
8. Disclaimers
The Platform is provided "as is" and "as available" without warranties of any kind, express or implied. TapACrew disclaims all warranties including:
- Merchantability, fitness for a particular purpose, and non-infringement
- Accuracy, completeness, or reliability of user-generated content
- Quality, legality, or safety of work performed
- Skills, licensure, insurance, or work eligibility of any User
- Payment, conduct, or performance of any User
- Availability or uninterrupted operation of the Platform
9. Limitation of Liability
TapACrew is NOT financially responsible for any act, omission, error, or damage between Contractors and Workers. All disputes are between the Users involved.
To the maximum extent permitted by law, TapACrew shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any amounts exceeding the total fees paid by you to TapACrew in the six (6) months prior to the claim, or $500, whichever is greater.
10. Indemnification
You agree to indemnify, defend, and hold harmless TapACrew from any claims arising from your use of the Platform, violation of these Terms, violation of law, work performed or hired, disputes with other Users, and any tax or regulatory obligations.
11. Dispute Resolution
Disputes between Usersare the responsibility of the Users to resolve. TapACrew may provide informal mediation but is not obligated to resolve Users' disputes.
Disputes with TapACrew shall be resolved by binding arbitration through the American Arbitration Association. Class action waiver applies — you may bring claims only individually.
12. Termination
TapACrew may suspend or terminate your account at any time for violation of these Terms, fraudulent or abusive behavior, non-payment or non-performance, or other reasons. You may terminate your account at any time.
13. Prohibited Conduct
You may not:
- Circumvent the Platform's payment system
- Use the Platform for illegal purposes
- Impersonate another person or create duplicate accounts
- Submit false or misleading information
- Harass or discriminate against other Users
- Scrape or automate Platform access without permission
14. Governing Law
These Terms are governed by the laws of the State of [State]. Any non-arbitrable dispute shall be filed in the courts of [County, State].
15. Changes to Terms
TapACrew may update these Terms at any time. Material changes will be communicated via email or in-app notification. Continued use after changes constitutes acceptance.
16. Contact
TapACrew, [Company Address]. Support: support@tapacrew.com. Legal: legal@tapacrew.com.
By using TapACrew, you acknowledge that you have read, understand, and agree to be bound by these Terms.