Ultimate Global llc.

​

These Terms of Service constitute a legally binding agreement between you and ULTI SERVICES (“Company” or “ULltimate Global LLC”) governing your use of the ULTI SERVICES Platform (as defined below), Company’s website (https://www.ultiapp.com or the “Site”) or mobile applications (the “Apps”). The ULTI SERVICES platform and related services provided by Company, the Site and Apps, including without limitation, communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Helpers and Clients in relation to the services, together are hereinafter collectively referred to as the “ULTI SERVICES Platform”.

Any personal data you submit to the ULTI SERVICES Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the ULTI SERVICES Platform you have reviewed our Privacy Policy.

Your use of the ULTI SERVICES Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. These Terms of Service and the Privacy Policy together form and are hereinafter referred to as the “Agreement.” If you object to anything in this Agreement, you may not use or access the ULTI SERVICES Platform.

 

A few highlights of these Terms of Service include:

• You agree that the ULTI SERVICES Platform is provided “as is” and without warranty (Section 16).

• Your agreement that Company has no liability regarding the ULTI SERVICES Platform or the performance of jobs (Section 16) except as may be expressly set forth in this Agreement.

• Your acknowledgement and agreement that you, and not ULTI SERVICES, scope, supervise, direct, control, and monitor Helper’s work and the jobs (Section 1).

• Your consent to release Company from liability based on claims between Users (Section 2) and generally (Sections 16), subject to the exceptions expressly set forth in those Sections.

• Your agreement to indemnify Company from claims due to your use or inability to use the ULTI SERVICES Platform or content submitted from your account to the ULTI SERVICES Platform (Section 17).

• All monetary amounts set forth herein are in US Dollars.

​

1. The ULTI SERVICES Platform Connects Helpers and Clients

The ULTI SERVICES Platform is a web-based communications platform which enables connections between Clients and Helpers. “Clients” are individuals and/or businesses seeking to obtain services (“Jobs”) from Helpers, and are therefore clients of Helpers, and “Helpers” are individuals and/or businesses seeking to perform Jobs for Clients. Clients and Helpers together are hereinafter referred to as “Users.” If you agree on the terms of a Job with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

Helpers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of Company. Company does not perform Jobs and does not employ individuals to perform Jobs. Users hereby acknowledge that Company does not supervise, direct, control or monitor Helpers work. ULTI SERVICES is not responsible for the work and therefore has no responsibility or liability for the work performed on the Jobs in any manner, including but not limited to a warranty or condition or good and workmanlike services, warranty of fitness for a particular purpose, or compliance with any law, regulation, or code.

The ULTI SERVICES Platform only enables connections between Users for the fulfilment of Jobs. ULTI SERVICES is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Jobs, Helpers, Clients, nor of the integrity, responsibility, 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 Jobs requested or services provided by, or the communications of or between, Users identified through the ULTI SERVICES Platform, whether in public, private, or offline interactions or otherwise howsoever.
 

2. User Vetting and User Representations and Warranties

User Vetting

In accordance with ULTI SE RVICES policy, Users may be subject to an extensive vetting process before they can register for and during their use of the ULTI SERVICES Platform, including but not limited to a verification of identity, right to work checks and criminal background checks, using third party services as appropriate (“Identity Checks”). ULTI SERVICES will conduct Identity Checks as appropriate, in accordance with Company policy and applicable laws.

Although ULTI SERVICES may perform Identity Checks, Company is not required to do so and cannot confirm that each User is who they claim to be. ULTI SERVICES uses third party services to perform checks and therefore ULTI SERVICES cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the ULTI SERVICES Platform.

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. ULTI SERVICES will not be liable for any false or misleading statements made by the Users of ULTI SERVICES Platform. Neither ULTI SERVICES nor its parents, affiliates, or licensors, including their respective directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, successors and assigns (hereinafter referred to collectively as “ULTI SERVICES and Affiliates”), is responsible for the conduct, acts, or omissions, whether online or offline, of any User of the ULTI SERVICES Platform and you hereby release ULTI SERVICES and Affiliates from any and all liability, claims, demands, or damages or every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such use of the ULTI SERVICES Platform.
 

User Representations and Warranties

You represent and warrant that: (1) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the unrestricted right to work in the jurisdiction in which you reside and accept each applicable Job without additional immigration approvals, and (3) 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. 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 further represent and warrant that you have read, understand, and agree to be bound by these Terms of Service in order to access and use the ULTI SERVICES Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Job or any interaction by or with any User and/or Company in connection with the ULTI SERVICES Platform without the prior written consent of the Company and/or the relevant User, as applicable. You further represent and warrant that you will fulfil the commitments you make to other Users, including paying/receiving payment through the ULTI SERVICES platform, performing the Job(s) agreed upon as between the Helper and Client, communicating clearly and promptly through the chat thread and/or responding to invitations promptly, being present and/or available at the time you agree upon with your Helper or Client as the case may be, and only utilizing payment methods as specified or approved by us to make or receive payment for services provided through the ULTI SERVICES Platform. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. You further represent and warrant that when using or accessing the ULTI SERVICES Platform, you will act in accordance with any applicable national or international law, customs and in good faith.

You hereby warrant and represent that, other than as fully and promptly disclosed to the Company as set forth below, you do not have any motivation, status, or interest which Company may reasonably wish to know about in connection with the ULTI SERVICES Platform, including without limitation, if you are using or will or intent to use the ULTI SERVICES Platform for any journalistic, investigative, or unlawful purpose; or if you have any potentially relevant unspent criminal convictions or cautions (other than minor fixed penalty parking or speeding offenses). You hereby warrant and represent that you will promptly disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the ULTI SERVICES Platform.

Helpers additionally represent and warrant that you will provide timely, high-quality services to your Clients, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely.

​

3. Contract between Clients and Helpers

You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Job with another User. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the ULTI SERVICES Platform, and any other contractual terms accepted by both the Helpers and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand ULTI SERVICES obligations or restrict ULTI SERVICES rights under this Agreement. You agree that ULTI SERVICES is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between ULTI SERVICES and the Helper (or anyone else supplied by the Helper), nor will it create an employment relationship between the Client and the helper or any such person. Company’s role is restricted solely to acting as a limited payment collection agent for the Helper to facilitate payment on behalf of the Helper through the ULTI SERVICES Platform in respect of Jobs they perform. In acting as the limited payment collection agent for particular Jobs on the ULTI SERVICES Platform, ULTI SERVICES disclaims any other agency or authority to act on behalf of the Helper and assumes no liability for any acts or omissions of the Helper, either within or outside of the ULTI SERVICES Platform.