*Last Updated: Sep 22, 2023
**Welcome to squadcx.com**, the online platform and mobile service provided by SquadCX, Inc. (“SquadCX,” “we,” or “us”). This page outlines the terms and conditions governing your use of our online services and website (collectively, the “Service”). By accessing the Service or by clicking “I Agree” (or similar), you indicate that you have read, understood, and agree to comply with these Terms of Service (referred to as this “Agreement”), regardless of whether you are a registered user. Additionally, all Service users must adhere to our Acceptable Use Policy. SquadCX reserves the right to amend these terms, with notice as described below. This Agreement applies to all visitors, users, and anyone else accessing the Service (referred to as “Users”).
SquadCX is committed to making its website and mobile app accessible to all, in compliance with standards set by the World Wide Web Consortium and applicable laws. If you encounter accessibility issues on our website or mobile app, please contact us at contact@squadcx.com.
**PLEASE CAREFULLY REVIEW THIS AGREEMENT TO ENSURE FULL UNDERSTANDING OF EACH PROVISION. THIS AGREEMENT INCLUDES A MANDATORY INDIVIDUAL ARBITRATION SECTION IN 10.2 (“ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER IN 10.3 (“CLASS ACTION/JURY TRIAL WAIVER”). UNLESS YOU OPT OUT ACCORDING TO SECTION 10.2 INSTRUCTIONS, THESE TERMS REQUIRE EXCLUSIVE RESOLUTION OF DISPUTES BETWEEN YOU AND US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, INCLUDING CLAIMS ARISING PRIOR TO YOUR AGREEMENT TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE THE RIGHT TO SEEK REDRESS IN COURT AND WAIVE YOUR RIGHT TO A JURY TRIAL FOR YOUR CLAIMS, AS WELL AS THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.**
**1. Our Service**
SquadCX offers a platform that allows users to arrange and schedule services (“Requests”) provided by service providers (referred to as “Assistants”) through the SquadCX Service.
SquadCX aims to make its website accessible to all interested individuals, adhering to standards established by the World Wide Web Consortium and applicable laws. If you encounter accessibility challenges on our website or mobile app, please contact us at contact@squadcx.com.
**1.1 Eligibility**
This Agreement is a legally binding contract between you and SquadCX. To use the SquadCX Service, you must read and accept these terms. Failure to agree prohibits your use of the Service. You may use the Service if you can enter into a binding contract with SquadCX and adhere to this Agreement, local, state, national, and international laws, and regulations. Users under 13 (or under 16 in Europe) are strictly prohibited from using the Service. If SquadCX has previously removed you from the Service, it is unavailable to you.
Certain requests via the Service may not be made by users under 18 or 21 years of age, as applicable. SquadCX may request identity verification to create your account or access the Service, and refusal to provide such proof may result in denied access or use.
**1.2 Limited License**
Subject to the conditions of this Agreement, you receive a non-exclusive, limited, non-transferable, and revocable license to use the Service as permitted by its features. SquadCX retains all rights not expressly granted in the Service and SquadCX Content (defined below). SquadCX may terminate this license at any time, with or without reason.
**1.3 User Accounts**
Your User Account provides access to services and features established and maintained by us, subject to our discretion. Different User Account types may exist for various Users. If you open a User Account on behalf of an entity, you represent that you are authorized to bind the entity to this Agreement. By linking third-party services to SquadCX, you allow us to access and use information from that service and store your login credentials.
Unauthorized use of another User’s User Account is prohibited. When creating your User Account, you must provide accurate and current information and update it as necessary. Failure to do so may result in access denial or Agreement termination. You are responsible for your User Account’s activity and must keep your password secure. Use of strong passwords is encouraged. Notify SquadCX promptly of security breaches or unauthorized User Account use. SquadCX is not responsible for losses due to unauthorized User Account use.
By providing your email address, you consent to us using it to send Service-related notices, as required by law. We may also send other messages, such as Service feature updates and special offers. To stop receiving such emails, contact us at contact@squadcx.com. Opting out may affect your receipt of updates, improvements, or offers.
**1.4 Service Rules**
You agree not to engage in prohibited activities, including (i) copying, distributing, or disclosing any part of the Service; (ii) using automated systems to access the Service excessively; (iii) sending unsolicited messages; (iv) attempting to compromise system integrity or security; (v) overloading our infrastructure; (vi) uploading harmful software; (vii) collecting personal information from the Service; (viii) using the Service for commercial solicitation; (ix) impersonating others or misrepresenting your identity; (x) disrupting the Service’s operation; (xi) accessing Service content through unauthorized means; or (xii) bypassing access restrictions.
**1.5 Changes to the Service**
We may change, discontinue, or limit the Service or its features without prior notice, with no liability. We can permanently or temporarily terminate or suspend your access to the Service, with or without notice, for violating this Agreement or for any other reason. You remain bound by this Agreement after termination.
**1.6 Disputes with Other Users**
You are responsible for your interactions with other Users. We may monitor disputes but have no obligation to do so. SquadCX is not liable for your interactions with other Users or their actions or inactions.
**2. Our Proprietary Rights**
The Service and all materials therein or transferred thereby, including but not limited to software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the “SquadCX Content”), and all intellectual property rights related to it, are exclusively owned by SquadCX and its licensors. This Agreement does not grant you a license in or under any of these intellectual property rights, and you are expressly prohibited from selling, licensing, renting, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, or creating derivative works from any SquadCX Content. Any use of SquadCX Content for purposes not expressly permitted by this Agreement is strictly prohibited.
You may choose to submit comments or ideas about the Service, including suggestions for improvements (“Ideas”). By submitting an Idea, you acknowledge that your disclosure is voluntary and unrestricted, placing no fiduciary or other obligations on SquadCX. We are free to use the Idea without additional compensation to you, and may disclose it on a non-confidential basis. You further acknowledge that SquadCX’s acceptance of your submission does not waive any rights to use similar or related ideas known to SquadCX, developed by its employees, or obtained from sources other than you.
**3. Paid Services**
**3.1 Billing Policies.** Some aspects of the Service may be subject to fees or charges. By using paid features, you agree to our Pricing and Payment Terms, which we may update periodically. SquadCX may introduce new services with additional fees or revise existing service fees at its discretion.
**3.2 No Refunds.** You have the right to cancel your User Account or any Requests at any time, but no refunds will be provided for cancellations. SquadCX may grant refunds at its discretion.
**3.3 Solicitation of Assistants.** You agree not to directly or indirectly solicit or influence any Assistant to terminate their relationship with SquadCX or engage them as independent contractors without Magic’s express prior written consent. Magic may consent to such solicitation upon payment of a fee of no less than Three Thousand U.S. Dollars ($3,000.00) per Assistant. This provision survives the termination or expiration of this Agreement.
**3.4 Free Trials.** SquadCX may offer free trials for specific Services. Payment for your paid Service will begin automatically on the day following the free trial’s expiration or when you start the paid Service, whichever is later, and will continue on each subsequent billing date, subject to Section 3.5. You will not receive notice when your free trial ends and payment for the paid Service begins. To avoid charges, you must cancel your paid Service before midnight Pacific Time on the last day of your free trial. Cancelling during a free trial may take effect immediately.
**3.5 Automatic Renewal of Service Fees.** If you subscribe to a paid Service, the corresponding fees will automatically renew at the rate and frequency specified in your User Account or as otherwise determined by us, unless you notify us of your intent to cancel. You must submit your cancellation notice on your settings page or in writing to contact@squadcx.com. Your notice will apply to the billing period following the notice date. You understand that unless you cancel, your paid Service and associated fees will renew automatically, and you authorize us or our authorized third-party payment provider (without notice unless required by law) to charge the applicable service fees and any taxes using your registered payment method.
**3.6 Payment Information; Taxes.** All information provided during purchase transactions or other monetary interactions with the Service must be accurate, complete, and current. You are responsible for all charges incurred by users of your payment method for purchases or transactions with the Service. You will pay any applicable taxes associated with these transactions.
**3.7 California Residents.** If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. The provider of the Service is SquadCX, Inc.,
**4. No Professional Advice**
All information provided through the Service is for informational purposes only and should not be considered as professional advice. You should not take any action solely based on information from the Service. It is essential to seek independent professional advice from a qualified and licensed individual in the relevant field.
**5. Security**
SquadCX values the security and integrity of your personal information. However, we cannot guarantee that unauthorized third parties will never breach our security measures or misuse your personal information. By using our Service, you acknowledge that you provide your personal information at your own risk.
**6. Third-Party Links and Information**
The Service may include links to third-party content that is neither owned nor controlled by SquadCX. SquadCX does not endorse or assume responsibility for any third-party websites, information, materials, products, or services. If you decide to access a third-party website or service through the Service or share content via such platforms, you do so at your own risk. Please note that this Agreement and SquadCX’s Privacy Policy do not apply to your usage of third-party websites. You release SquadCX from any liability arising from your interaction with third-party websites, services, or content, including content posted by other users. Additionally, any transactions or interactions with advertisers on the Service, such as the purchase and delivery of goods, are solely between you and those advertisers. You agree that SquadCX is not responsible for any losses or damages resulting from such dealings.
**7. Indemnity**
You agree to defend, indemnify, and hold SquadCX, its subsidiaries, agents, licensors, managers, affiliated companies, employees, contractors, agents, officers, and directors harmless from any claims, damages, obligations, losses, liabilities, costs, or debts, including attorney’s fees, arising from:
(i) Your use of and access to the Service, including data or content transmitted or received by you.
(ii) Your violation of any term in this Agreement, including breaches of the representations and warranties provided herein.
(iii) Your infringement of any third-party rights, including privacy or intellectual property rights.
(iv) Your violation of applicable laws, regulations, or rules.
(v) Content submitted via your User Account, including inaccurate or misleading information.
(vi) Your willful misconduct.
(vii) Any other party’s access and use of the Service using your unique username, password, or security code.
**8. No Warranty**
The Service is provided “as is” and “as available.” Your use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Any advice or information obtained through the Service does not create any warranty not expressly stated in this Agreement. SquadCX, its subsidiaries, affiliates, and licensors do not warrant:
– The accuracy, reliability, or correctness of the content.
– That the Service will meet your requirements.
– That the Service will be available at any specific time or location, uninterrupted or secure.
– That defects or errors will be corrected.
– That any requests will be fulfilled satisfactorily or at all.
– That the Service is free from viruses or other harmful components.
Any content downloaded or obtained through the Service is done at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such downloads or use of the Service.
SquadCX does not guarantee the suitability, safety, or abilities of any assistant, nor that any assistant will meet your requirements or expectations.
Furthermore, SquadCX does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any linked website or service. SquadCX will not be a party to or monitor any transaction between you and third-party providers of products or services.
Some jurisdictions do not allow the exclusion or limitation of certain implied warranties, so the above exclusions may not apply to you. This Agreement provides you with specific legal rights, and you may also have additional rights that vary by jurisdiction. The disclaimers and exclusions in this Agreement will not apply to the extent prohibited by applicable law.
**9. Limitation of Liability**
To the maximum extent permitted by applicable law, SquadCX, its affiliates, agents, directors, employees, suppliers, or licensors shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising from or related to the use of or inability to use the Service. Under no circumstances shall SquadCX be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service, your account, or the information contained therein.
To the maximum extent permitted by applicable law, SquadCX assumes no liability or responsibility for any of the following:
– Errors, mistakes, or inaccuracies in Requests or content.
– Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service.
– Unauthorized access to or use of our secure servers and/or any personal information stored therein.
– Interruption or cessation of transmission to or from the Service.
– Bugs, viruses, Trojan horses, or similar items transmitted to or through our Service by any third party.
– Errors or omissions in any content or any loss or damage incurred as a result of using any content posted, emailed, transmitted, or otherwise made available through the Service.
– Defamatory, offensive, or illegal conduct of any third party.
– Transactions or relationships between you and any Assistant.
In no event shall SquadCX, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs exceeding the amount you paid to SquadCX under this Agreement or $100.00, whichever is greater.
This limitation of liability section applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if SquadCX has been advised of the possibility of such damage. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
Without limiting the foregoing, SquadCX does not warrant or guarantee that Assistants possess any specific skills. You acknowledge and agree that the management of Assistants in performing Requests is solely your responsibility as the user, and SquadCX is not liable for, and expressly disclaims all liability related to, any acts or omissions of Assistants.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement grants you specific legal rights, and you may also have other rights that vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
**10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver**
**10.1 Governing Law.** You agree that:
(i) The Service is deemed solely based in California.
(ii) The Service is a passive one that does not establish personal jurisdiction over SquadCX in jurisdictions other than California.
This Agreement shall be governed by the internal substantive laws of the State of California, without regard to its conflict of laws principles. The parties acknowledge that this Agreement involves interstate commerce. Notwithstanding the foregoing, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 10.2 and preempts all state laws to the fullest extent allowed by law. If the FAA is found not to apply to any issue arising from or relating to the Arbitration Agreement, then that issue shall be resolved under and governed by your state of residence’s law. The United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. You consent to the exclusive personal jurisdiction of federal and state courts located in Santa Clara County, California, for any actions in which we seek injunctive or other equitable relief to prevent actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as described in the Arbitration provision below, including any provisional relief necessary to prevent irreparable harm. You agree that Santa Clara County, California, is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is deemed unenforceable.
**10.2 Arbitration.** Carefully review this section because it mandates arbitration for certain disputes and limits your options for seeking relief from SquadCX. This Arbitration Agreement (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and SquadCX arising out of or relating to:
(a) This Agreement, including its formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability.
(b) Access to or use of the Service, including receipt of any advertising or marketing communications.
(c) Any transactions through, by, or using the Service.
(d) Any other aspect of your relationship or transactions with SquadCX, directly or indirectly, as a consumer.
The Arbitration Agreement applies to all Claims that arise or were asserted before or after you agreed to this Agreement.
If you are a new SquadCX user, you can reject and opt out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing SquadCX at contact@squadcx.com with your first and last name, stating your intent to opt out of the Arbitration Agreement. Opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or the courts in which disputes must be brought.
For any Claim, you agree to contact us first at contact@squadcx.com and attempt to resolve the dispute informally. If SquadCX has not resolved a Claim after sixty (60) days, both parties agree to resolve any Claim exclusively through binding arbitration with JAMS, conducted by a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. In case of a conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall prevail. JAMS can be contacted at www.jamsadr.com, where the Rules are also available. The arbitration will occur in Santa Clara County, California, unless you and SquadCX agree otherwise. If you are using the Service for commercial purposes, each party will pay the JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. The arbitrator may award costs of arbitration, reasonable attorney’s fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes:
(i) JAMS may require you to pay an initiation fee, unless you obtain a fee waiver from JAMS.
(ii) The arbitrator may award you the costs of arbitration, your reasonable attorney’s fees, and reasonable costs for expert and other witnesses.
(iii) You may sue in small claims court if your claims qualify, but this does not negate your obligation to engage in informal dispute resolution.
**11. Additional Terms for Mobile Applications**
**11.1 Mobile Applications.** We may offer software to access our Service via mobile devices (“Mobile Applications”). To use these Mobile Applications, you need a compatible mobile device. We cannot guarantee that our Mobile Applications will work with all mobile devices. When using our Mobile Applications, you may consume mobile data and incur additional charges from your wireless provider. You are responsible for these charges. We grant you a non-exclusive, non-transferable, and revocable license to use a compiled code copy of the Mobile Applications for one SquadCX user account on one mobile device that you own or lease, strictly for your personal use. You may not:
(i) Modify, disassemble, decompile, or reverse engineer the Mobile Applications, except where prohibited by law.
(ii) Rent, lease, lend, resell, sublicense, distribute, or transfer the Mobile Applications to any third party or use them for time-sharing or similar services for any third party.
(iii) Make copies of the Mobile Applications.
(iv) Remove, bypass, disable, damage, or interfere with security features of the Mobile Applications, features that prevent or limit access to or copying of content accessible via the Mobile Applications, or features that enforce usage limitations of the Mobile Applications.
(v) Remove copyright or other proprietary notices on the Mobile Applications.
You acknowledge that we may periodically issue upgraded versions of the Mobile Applications, and we may automatically upgrade the version on your mobile device. You consent to such automatic upgrades and agree that this Agreement applies to all upgrades. Any third-party code included in the Mobile Applications is subject to applicable open-source or third-party license EULA, if any, authorizing its use. This license does not constitute a sale of the Mobile Applications, and we retain all rights in the Mobile Applications. Any attempt to transfer rights, duties, or obligations under this Agreement, except as explicitly provided in this Agreement, is void. If the Mobile Applications are acquired on behalf of the United States Government, the following provision applies: the Mobile Applications are considered “commercial computer software” and “commercial computer software documentation” under DFAR Section 227.7202 and FAR Section 12.212, as applicable. Use, reproduction, performance, display, or disclosure by the U.S. Government will be governed by these Terms of Service, and any other claims are prohibited unless explicitly permitted by these Terms of Service. The Mobile Applications originate in the United States and are subject to U.S. export laws and regulations. They may not be exported to certain countries or individuals/entities prohibited from receiving U.S. exports. The Mobile Applications may also be subject to import/export laws of other countries. You agree to comply with all U.S. and foreign laws related to the Mobile Applications and our Service.
**11.2 Mobile Applications from Apple App Store.** If you acquire Mobile Applications from the Apple App Store (“Apple-Sourced Software”), you acknowledge:
(i) This Agreement is solely between you and SquadCX, not Apple, Inc. (“Apple”).
(ii) Your use of the Apple-Sourced Software must comply with Apple’s App Store Terms of Service.
(iii) Apple has no obligation to provide maintenance or support for the Apple-Sourced Software.
(iv) Apple is not responsible for any warranty claims, losses, liabilities, damages, costs, or expenses related to the Apple-Sourced Software.
(v) In case of intellectual property infringement claims, SquadCX is solely responsible.
(vi) Apple is a third-party beneficiary to this Agreement concerning your Apple-Sourced Software license.
**11.3 Mobile Applications from Google Play Store.** If you acquire Mobile Applications from the Google Play Store (“Google-Sourced Software”), you acknowledge:
(i) This Agreement is solely between you and SquadCX, not Google, Inc. (“Google”).
(ii) Your use of the Google-Sourced Software must comply with Google’s Google Play Store Terms of Service.
(iii) Google is not responsible for the Google-Sourced Software.
(iv) SquadCX is solely responsible for its Google-Sourced Software.
(v) Google is not liable for any claims related to the Google-Sourced Software.
(vi) Google is a third-party beneficiary to this Agreement concerning your Google-Sourced Software license.
**12. General**
**12.1 Assignment.** This Agreement and any rights and licenses granted hereunder cannot be transferred or assigned by you but may be assigned by SquadCX without restriction. Any unauthorized attempt to transfer or assign is void.
**12.2 Notification Procedures and Changes to the Agreement.** SquadCX may provide notifications via email, written notice, or posting on our website. We may modify or update this Agreement from time to time, and we will notify you of material changes. Your continued use of the Service after such changes constitutes your acceptance of the new Terms of Service.
**12.3 Entire Agreement/Severability.** This Agreement, along with any amendments and additional agreements with SquadCX related to the Service, constitute the entire agreement between you and SquadCX. If any provision is deemed invalid, it will not affect the validity of the remaining provisions.
**12.4 No Waiver.** No waiver of any term in this Agreement shall be considered a waiver of any other term, and SquadCX’s failure to assert any right under this Agreement does not waive that right.
**12.5 Contact.** For questions regarding this Agreement, please contact us at contact@squadcx.com.
