Last updated: November 20, 2025
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‍These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity or your Minor (as defined below) ("you"), and KidGigs, Inc., doing business as StudentGigs ("KidGigs", "we", "us", "our"), concerning your use of the StudentGigs website studentgigs.app and any associated applications and related products and services that refer or link to these Terms (the "Platform").BY CHECKING THE BOX INDICATING YOUR ACCEPTANCE OF THESE TERMS, CLICKING "I AGREE," OR OTHERWISE INDICATING YOUR ASSENT, YOU AGREE TO BE BOUND BY THESE TERMS AND PRIVACY POLICY. PLEASE REVIEW THEM CAREFULLY. CONTINUING TO USE THIS APP CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AS PART OF YOUR ACCOUNT REGISTRATION PROCESS, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE PLATFORM.IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.IF YOU ARE UNDER THE AGE OF 18, YOUR PARENT OR LEGAL GUARDIAN (IN EITHER CASE, "PARENT") MUST AGREE TO THESE TERMS ON YOUR BEHALF AND FULLY INDEMNIFY AND HOLD HARMLESS KIDGIGS FOR YOUR ACTS AND OMISSIONS THAT BREACH, OR, BUT FOR YOUR DECISION TO VOID THESE TERMS, WOULD HAVE BREACHED, THESE TERMS.YOU MAY NOT USE THE PLATFORM IF YOU ARE UNDER THE AGE OF 10. IF YOU ARE UNDER 18, YOU MAY ONLY USE THE PLATFORM WITH YOUR PARENT'S EXPRESS CONSENT AND SUPERVISION.BY REGISTERING A MINOR, THE PARENT REPRESENTS THAT HE OR SHE (A) IS THE MINOR'S PARENT OR LEGAL GUARDIAN; (B) CONSENTS TO THE MINOR'S USE OF THE PLATFORM; AND (C) HE OR SHE WILL SUPERVISE THE MINOR'S USE AND PERFORMANCE OF TASKS. We may require age verification and Parent identity verification before the Account of a Minor is activated.THE TERMS INCLUDE AN ARBITRATION PROVISION IN SECTION 9 BELOW, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. IF YOU WISH TO OPT OUT OF THE ARBITRATION PROVISION SET FORTH BELOW, YOU MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 9 BELOW. THESE PROVISIONS APPLY SOLELY TO THE EXTENT PERMITTED IN YOUR JURISDICTION.1. Use of the Platform1.1 PurposeThe Platform is an online platform that allows users to post and find opportunities for local tasks, such as yard work, babysitting, tutoring, and dog walking (collectively, "Gigs") (the "Authorized Purposes"), to be completed by individuals between the ages of 10 and 17 (inclusive) ("Minors") or ages 18-24 ("Young Adults") (collectively, Young Adults and Minors are "Gig Performers"). The Platform serves solely as a way to connect job posters and task performers, and is intended solely for irregular, casual, age-appropriate household help that does not require any license or permit and is consistent with applicable federal, state, and local child labor, safety, and hour limitations.Gigs that would constitute employment subject to wage orders, work-permit requirements, hazardous occupations bans, or other legal restrictions applicable to minors are prohibited and may not be posted or performed.KidGigs does not certify the suitability of any Gig or the competence of any Gig Performer to perform a Gig. While KidGigs performs a sex offender check based on the name, address and birth date of a user, KidGigs does not guarantee the accuracy of, and disclaims responsibility for, this check, as it is reliant on the information provided by the user, available in public records, or available via the third-party tool we use to perform this check and does not independently verify the information, including its accuracy and completeness. KidGigs does not perform comprehensive background checks of users of the Platform.You may only use the Platform for the Authorized Purposes. In addition to the prohibitions set forth in Section 2, Gig Posters and Parents must ensure that no Gig requires or allows a Minor to (i) engage in any hazardous occupation or work prohibited for minors under applicable law; (ii) perform work during hours restricted for minors; or (iii) travel alone to unfamiliar locations without Parent supervision when required by law or prudent safety practices.1.2 User RolesThe following are collectively "User Roles":Parents/Guardians. Parents/guardians ("Parents") can register their Minors on the Platform and approve or deny Gigs posted for their Minors (an approval, a "Parental Consent"). Parents can also act as Gig Posters (defined below).Minors. Minors can be allowed to register on the Platform (with Parental Consent) and use the Platform to find and accept Gigs.Young Adults. Young Adults can register on the Platform and use the Platform to find and accept Gigs, without Parental Consent.Gig Posters. Parents and individuals 25 or older can post Gigs on the Platform to be completed by Minors ("Gig Posters").2. User Responsibilities2.1 Parent/Guardian ResponsibilitiesIf you are a Parent, you:Are solely responsible for the actions of your Minor on the Platform and arising out of your Minor's performance of any Gig for any Gig Poster.Must review any Gigs accepted by your Minor and provide Parental Consent for any such Gigs in order for your Minor beginning work on such Gigs.Must ensure your Minor is given all guidance, checklists, and instructions for a Gig (including any provided by KidGigs or a Gig Poster on or through the Platform, in-person, or otherwise) and is capable of safely and competently performing each accepted Gig.Understand that the Platform does not guarantee the safety or suitability of any Gig.Are responsible for ensuring the safety of the location where the Gig is being performed and the character of the Gig Poster, including whether it is safe for the Minor to be alone with the Gig Poster.Are also responsible for ensuring that your Minor is properly paid for the Gig once completed.Are responsible for making sure your Minor is not performing too many Gigs and that they are within any legal limits under applicable laws for the Minor, as the Platform doesn't track these limits.Represent and warrant that any identifying information, such as name and date of birth, that may be submitted by you, the Parent, regarding the Minor's identity is also true, correct, and complete.Must ensure appropriate supervision of your Minor during performance of Gigs, including attendance when prudent or required by applicable law, and must assess the safety and suitability of any location and Gig.2.2 Gig Performer ResponsibilitiesIf you are agreeing to these Terms on behalf of a Minor, you agree on the Minor's behalf that the Minor, or if you are a Young Adult, you agree that you:Must use the Platform responsibly and comply with these Terms.(Solely in the case of Minors) must obtain Parental Consent before accepting any Gig.Must complete accepted Gigs to the best of the Gig Performer's ability.Must be respectful of the Gig Poster's property and not harm people or property in the completion of the Gigs.Ask the Minor's Parent (solely in the case of Minors) or the Gig Poster for guidance if the Gig Performer needs assistance in completing a Gig or additional instructions.Must return all tools, equipment, property, keys, etc. provided to the Gig Performer in order to complete the Gig.Must only select Gigs the Gig Performer can complete safely.(Solely in the case of Minors) must make sure the Minor is not completing too many Gigs that it causes issues with school and other activities.Must review any checklist, guidance, or instructions provided via the Platform or otherwise before performing a Gig.2.3 Gig Poster ResponsibilitiesIf you are a Gig Poster, you:Must accurately and clearly describe the Gig and any relevant safety precautions.Must ensure that the Gig can be reasonably completed by the Gig Performer safely and in the time needed. Without limitation, Gig Posters must ensure a safe environment for the Gig Performer, limit Gigs to age-appropriate, non-hazardous duties that do not require licenses or permits, and provide necessary safety equipment and instructions.Must comply with all applicable laws and regulations.Must render payment to the Gig Performer upon completion or as otherwise agreed to.Are responsible for confirming that the Gig has been completed to your satisfaction and must confirm completion within the Platform.We may remove or cancel any Gig we determine, in our sole discretion, to be unsafe, unsuitable for a Minor, illegal, or otherwise inconsistent with these Terms or our policies.3. AB 5-Aware and Minor-Safe3.1 What the Platform Isn'tKidGigs does not employ, engage, contract with, or supervise Gig Performers or Gig Posters and is not the employer, joint employer, or co-employer of any user. The Platform does not hire, fire, supervise, set schedules, provide tools, or determine pay. Users must not use the Platform to establish ongoing employment or to classify Gig Performers as independent contractors. Parents are solely responsible for ensuring compliance with child labor laws, required consents, hour limitations, and any reporting obligations applicable to their Minor.3.2 No Independent ContractorsGig Performers using the Platform are not independent contractors or employees of KidGigs, of any Parent, or of any Gig Poster. Any use of the Platform that attempts to treat a Gig Performer as a contractor or employee is prohibited.3.3 No Employment Relationships via the PlatformThe Platform is designed only for irregular, neighbor-to-neighbor help. The Platform must not be used to create ongoing or regular employment arrangements with a Gig Performer. If a Gig Poster intends ongoing employment or duties beyond simple, age-appropriate household help, the Gig Poster must not use KidGigs.KidGigs is neither responsible nor liable for workers' compensation or any tax payment or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, disability insurance, employer's liability, employer training tax, social security contributions or other applicable payroll withholdings in connection with a user's use of the Platform or a Gig Performer's performance of a Gig, or personal income tax.Parents assume full and sole responsibility for all required and applicable income tax and social contributions such as Social Security as to the Parent's Minor in the performance of Gigs. Parents assume all liability for proper classification of Parent's Minor based on applicable legal guidelines.3.4 No Work Permits on the PlatformThe Platform does not support work-permit workflows, because the Platform limits gigs to irregular, casual Gigs that do not require permits or licenses. If a Gig request would require a permit or license (including, but not limited to, a driver's license, a food handling license, or professional license) or falls under wage-order/employee rules, it is not allowed on the Platform and may not be a Gig.3.5 Marketplace Referral App, Not Employer or Service ProviderKidGigs provides the Platform as a way to connect Gig Posters and Gig Performers who want to perform Gigs. The Platform is a marketplace/referral app. It is not the employer.3.6 No Employment RelationshipNothing in these Terms may be construed as creating an employer-employee, joint venture, independent contractor, or agency relationship between KidGigs and you or (if applicable) your Minor. You, including on behalf of your Minor (if applicable), are solely responsible for their tax filings, insurance, tools, licenses, and compliance with applicable law.3.7 Workers' Compensation and InsuranceKidGigs does not provide workers' compensation, occupational accident insurance, or liability insurance for any user. Parents, Young Adults, and Gig Posters are responsible for obtaining any insurance they deem appropriate.3.8 Tax/Withholding ResponsibilitiesKidGigs does not provide payroll services or withhold taxes. Parents are solely responsible for any income tax reporting for their Minor, and Young Adults are solely responsible for their own income tax reporting related to payments they receive through the Platform. Gig Posters are responsible for any applicable sales, use, or other transaction taxes related to payments they make.4. General RestrictionsYou may not, directly or indirectly:(a) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Platform;(b) modify, translate, or create derivative works based on any element of the Platform;(c) rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use the Platform;(d) use the Platform for timesharing purposes or otherwise for the benefit of any person or entity other than for your benefit or the benefit of a Gig Poster for whom you are performing a properly-accepted and parentally-approved Gig;(e) remove any proprietary notices from the Platform;(f) publish or disclose to third parties any evaluation of the Platform without KidGigs' prior written consent;(g) use the Platform for any purpose other than its intended purpose;(h) interfere with or disrupt the integrity or performance of the Platform;(i) introduce any open source software into the Platform;(j) attempt to gain unauthorized access to the Platform or its related systems or networks;(k) use the Platform in any way that violates applicable law, including, but not limited to, labor laws and child safety laws;(l) use the Platform for the purpose of harming minors in any way;(m) use the Platform to bully, insult, intimidate, or humiliate any person;(n) transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (e.g., spam);(o) upload terrorist content or racist, discriminatory, inflammatory, or libelous content;(p) attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;(q) disrupt the integrity or performance of Platform or its servers or other underlying equipment;(r) scrape the contents of the Platform or access the Platform through a webcrawler, spider, or generative artificial intelligence tool;(s) use the Platform to distribute or create child pornography or to sexually abuse or exploit minors; or(t) use the Platform to post, request, offer, or perform any Gig that is illegal, unsafe, or otherwise prohibited under applicable law.Without limitation, you are strictly prohibited from asking, requiring, or allowing any minor to purchase, obtain, possess, transport, deliver, or facilitate the purchase or delivery of any age-restricted, controlled, or illegal products, substances, goods or services. This prohibition includes any item or service that a minor is not legally permitted to purchase or receive under applicable law, whether due to age restrictions, licensing requirements, or statutory bans. For clarity, prohibited items include, by way of example and without limitation: alcohol; cigarettes, cigars, smokeless tobacco, e-cigarettes, vaping devices, e-liquids, nicotine products; cannabis, marijuana, THC products, CBD products where age-restricted; prescription medications, controlled substances, drug paraphernalia; firearms, ammunition, weapons, and related accessories; fireworks and explosives; lottery tickets, gambling products or services; sexually explicit materials; and any other product or service that is illegal or age-restricted for minors in the relevant jurisdiction.5. Account Responsibilities(a) You must create an account on the Platform (an "Account") to post or accept Gigs or to provide any Parental Consents.(b) You represent and warrant that (i) all information provided as part of the creation or maintenance of your Account or the creation of your Minor's Account is true and accurate and will promptly be updated if such information changes; and (ii) each credential uploaded to your (in the case of Young Adults) or your Minor's Account (as applicable) (collectively, "Credentials") is true, accurate, a credential of your Minor or yourself (as applicable) and not any other person, and not misleading.(c) You expressly authorize us to share Credentials to Gig Posters as part of the Gig booking process.(d) You must keep the password associated with your Account secure and confidential. You must not disclose your password to any third party. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if we reasonably suspect that your password has been compromised. If you know or suspect that anyone other than you knows your password, you must promptly contact us at support@studentgigs.app. You are responsible for any actions taken under your Account, regardless of whether or not your Account has been compromised, unless such compromise was caused by our acts or omissions.By uploading Credentials, you (as Parent or Young Adult, as applicable) authorize us to display and share such Credentials with Gig Posters solely for Gig evaluation and booking. You must not upload false, misleading, or third-party credentials. We may remove any Credential we believe to be inaccurate or noncompliant.You agree to promptly update Account information and Credentials to keep them true, accurate, and complete at all times. You may maintain only one Account per role. If your Account is suspended or terminated, you may not create a replacement Account.6. LicenseBy providing Gig descriptions, photos, or other content ("Your Content"), you grant KidGigs a perpetual, non-exclusive, worldwide, assignable, transferable, royalty-free license, with the right to sublicense through multiple tiers of sublicensees, to host, display, transmit, and use Your Content to operate and improve the Platform. You represent you have all rights necessary to grant the foregoing license.7. Payment and Transactions7.1 Payment Methods and AuthorizationGig Posters may pay for completed Gigs in cash or by credit or debit card through the Platform. Credit card payments are processed by Stripe. By choosing card payment, the Gig Poster authorizes Stripe to charge the card for the Gig amount, plus any Platform and processing fees shown at checkout, in accordance with Stripe's own terms regarding such payment processing. KidGigs does not store full card numbers; Stripe handles card data and PCI compliance.Payments may also be processed via Stripe Connect for direct payouts to Gig Performers and via tap-to-pay for in-person transactions where supported.7.2 Gift CardsPrior to disbursement, solely in the case of non-cash payments, the Minor's Parent, on behalf of the Minor, or the Young Adult (as applicable), where offered via the Platform, may authorize the conversion of the Gig Poster's payment into a participating third-party gift card of an equivalent amount, plus any bonus amount specified on the Platform ("Gift Cards"). The risk of loss and title to Gift Cards passes to the payee user upon our electronic transmission to such payee user. All Gift Cards are subject to the third party's applicable gift card terms and conditions.IN THE EVENT A GIFT CARD, IN THE MANNER EXISTING AS RECEIVED BY THE PAYEE USER, IS NOT REDEEMABLE VIA THE THIRD PARTY FOR THE AMOUNT SPECIFIED, OUR SOLE LIABILITY, AND YOUR SOLE REMEDY, IS FOR US TO EITHER, AT OUR OPTION, REPLACE THE DEFECTIVE GIFT CARD WITH AN EQUIVALENT GIFT CARD OR TO DISPERSE THE PAYMENT VIA SECTION 7.3 TO THE PAYEE USER'S BANK ACCOUNT ON RECORD. THE WARRANTY DISCLAIMER SET FORTH IN SECTION 9.1 APPLIES TO ALL GIFT CARDS.7.3 DisbursementFor card payments, KidGigs acts solely as a limited payment collection agent of the Gig Poster to accept and transmit authorized payments to the Minor's Parent or Young Adult (as applicable) as the designated payee. Receipt of payment by KidGigs, as limited agent, is deemed receipt by the Parent or Young Adult (as applicable) for the Gig Poster's payment obligation, subject to chargebacks, holds, reversal, fraud screening, and applicable law.7.4 FeesKidGigs may charge a Platform fee and pass through Stripe processing fees. Platform and processing and other applicable fees are disclosed before payment and may change from time to time. Fees are non-refundable except as required by law or our policies.7.5 No Wages, Payroll, or Employment ServicesKidGigs does not set wage rates, schedule shifts, calculate or remit payroll, provide benefits, or supervise work.7.6 Refunds and DisputesFor card payments, KidGigs may, at its discretion and under its policies, hold, release, or refund amounts or otherwise delay disbursements, or reverse payments in cases of suspected fraud, error, unauthorized activity, or dispute. You authorize us and Stripe to debit, credit, or withhold amounts as necessary to resolve chargebacks or payment errors. If a Gig Poster disputes completion of a Gig, the disputed amount may be held until resolution under our policies. Cash payments are outside KidGigs' control and must be resolved directly between the Gig Poster, Gig Performer, and (if applicable) Minor's Parent.7.7 TaxesGig Posters are responsible for any taxes or reporting related to their payments for Gigs or through the Platform, and the Minor's Parent (if applicable) and Gig Performers are responsible for reporting and paying income taxes. KidGigs does not provide tax, payroll, or employment advice. KidGigs does not report earnings to the IRS. Gig Performers will be responsible for reporting their earnings in accordance with state and federal law.8. Privacy8.1 PrivacyWe are committed to transparency and we recognize that privacy, in particular privacy of Minors, is of utmost importance. The Platform will collect and use personal information from a Minor only with the consent of the Minor's Parent (and for all other users, only with such user's consent) and as otherwise described in our Privacy Policy.8.2 Artificial IntelligenceThe Platform may use artificial intelligence for the purposes of matching Gigs with profiles based on a number of factors and pieces of information. AI-generated matching and recommendations are informational only and may be incorrect. Users must independently assess suitability, safety, and compliance. We make no warranty as to AI accuracy and disclaim liability for reliance on such outputs.Such matching does not serve as an endorsement or the suitability of the Gig for the Gig Performer. Artificial intelligence is dependent on the quality and accuracy of information provided by users and may make mistakes or errors. You are solely responsible for confirming any matched Gigs. This matching is meant to improve your experience with the Platform and will not prevent you from finding matches manually.8.3 Child Safety and ReportingWe prohibit content that exploits or endangers minors. We may report suspected child exploitation or abuse to law enforcement and cooperate with investigations. Users must promptly report suspected abuse or exploitation encountered on the Platform.9. Disclaimer of Warranties; Limitation of Liability; Indemnification9.1 USE AT YOUR OWN RISKTHE PLATFORM AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES AS TO, (I) THE TIMELINESS, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF THE PLATFORM, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR ANY TASK OR SERVICE PROVIDED ON, THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM, OR (III) THE TASKS OR SERVICES PROVIDED BY, OR THE INTERACTIONS OR COMMUNICATIONS OF OR BETWEEN, USERS OF THE PLATFORM (WHETHER ON- OR OFF-LINE, OR OTHERWISE) (INCLUDING, BUT NOT LIMITED TO, AS TO ANY TASK PERFORMER'S ABILITY TO PERFORM THE TASK).WE DO NOT WARRANT THAT THE PLATFORM IS OR WILL BE (1) ERROR-FREE OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; OR (2) FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR MALFUNCTIONS.While we do allow adults to verify who they are using a third-party tool, you are responsible for making sure you are comfortable with your Minor engaging with the Gig Poster. United States federal law and some states, provinces, and other jurisdictions do not allow the exclusion of and/or limitations on certain implied warranties, so the above exclusions and/or limitations may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations under these Terms will not apply to the extent prohibited by applicable law.9.2 No GuaranteesKidGigs does not guarantee the safety, suitability, or successful completion of any Gig. KidGigs is not responsible for verifying Credentials.9.3 No EndorsementKidGigs does not endorse any Gig, Gig Poster, or Minor.9.4 LIMITATION OF LIABILITY(A) IN NO EVENT SHALL KIDGIGS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM, THE PERFORMANCE OF A TASK, OR THESE TERMS, WHETHER SOUNDING IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, CONTRACT, STATUTE, OR OTHERWISE.(B) IN NO EVENT SHALL KIDGIGS' LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF (I) $100 OR (II) THE PLATFORM FEES PAID TO KIDGIGS UNDER SECTION 7.4 IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EARLIEST EVENT GIVING RISE TO THE CLAIM.Nothing in these Terms excludes or limits any liability or warranty that, by applicable law, may not be limited or excluded. Additionally, some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.We are not responsible for the acts or omissions of Gig Posters, Parents, or Gig Performers, or for on-site safety, property conditions, or interactions between users. To the extent any disclaimer or limitation is prohibited by applicable law, such disclaimer or limitation shall apply to the maximum extent permitted.9.5 IndemnificationYou agree to indemnify and hold harmless KidGigs and its affiliates and each of their respective officers, directors, employees, and agents from any and all claims, liabilities, losses, damages, judgments, penalties, fines, settlements, and expenses (including attorneys' fees, expert witness fees, and court and arbitration fees) arising out of:(i) your or your Minor's use of the Platform;(ii) the performance of Gigs;(iii) your or your Minor's violation of these Terms;(iv) your or your Minor's violation of any law, or the rights of any other user of the Platform or third party;(v) any claim that you and/or your Minor is our employee or contractor or concerning joint employer liability;(vi) injuries, property damage, or safety incidents; and(vii) infringement or misuse of Credentials or content you provide, including Your Content.We have no indemnity obligations, express or implied. Your indemnity includes reasonable attorneys' fees, expert fees, and costs incurred responding to subpoenas, investigations, audits, or regulatory inquiries arising from your or your Minor's conduct.10. Termination and SuspensionWe may restrict, suspend, or terminate your or your Minor's access at any time to the Platform if directed by a federal, state, or local regulator having jurisdiction over us, or if we reasonably suspect that you or your Minor have engaged in fraud (including pertaining to your Account information), or other illegal activity, or if you or your Minor have breached, or if we reasonably believe you have breached, these Terms.We also may remove content, cancel Gigs, and take appropriate action, including Account suspension or termination, for violations of these Terms or applicable law. If we suspend or deactivate your or your Minor's Account or limit your or your Minor's use of the Platform, you or your Minor (as applicable) may not register and/or create a new Account under different usernames, identities or contact details (whether under your or your Minor's or any other name or business name) or access the Platform, even if you or your Minor are acting on behalf of a third party.Even after your right to use the Platform is suspended, terminated or limited, these Terms will remain enforceable against you. We reserve the right to take appropriate legal action pursuant to these Terms. We may report suspected illegal activity to authorities. We may immediately remove content or cancel Gigs that present imminent risk to a Minor.11. Arbitration Agreement & Class Action Waiver11.1 Purpose & NoticeThis Arbitration Agreement facilitates the prompt and efficient resolution of any Disputes that may arise between you and KidGigs. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.Please read this Arbitration Agreement carefully. It provides that all disputes between you and KidGigs (including, but not limited to, disputes pertaining to your Minor) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorneys' fees, if otherwise authorized by applicable law).11.2 Defined TermsFor the purpose of this Arbitration Agreement, "KidGigs" means KidGigs and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents; and "you" includes you and, as applicable, you on behalf of your Minor. The term "Dispute" means any dispute, claim, or controversy between you and KidGigs regarding any aspect of your relationship with KidGigs (including, but not limited to, disputes pertaining to your Minor), whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in Section 11.9 below). "Dispute" is to be given the broadest possible meaning that will be enforced.11.3 AGREEMENT TO ARBITRATEWE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.11.4 Limitation of Procedural RightsYou understand and agree that, by entering into this Arbitration Agreement, you and KidGigs are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and KidGigs might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator's decision is much more limited than in court, and in general an arbitrator's decision may not be appealed for errors of fact or law.11.5 Exclusions from Arbitration/Right to Opt OutNotwithstanding the above, you or KidGigs may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute is initiated in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SERVICE (the "Opt Out Deadline"). You may opt out by emailing written notification to support@studentgigs.app. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with KidGigs. You are responsible for ensuring KidGigs' receipt of your opt out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt out request received after the Opt Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.11.6 Pre-Arbitration Dispute ResolutionFor all Disputes you must first give KidGigs an opportunity to resolve the Dispute. You must commence this process by emailing written notification to support@studentgigs.app. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If KidGigs does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.11.7 Arbitration ProceduresIf this Arbitration Agreement applies and the Dispute is not resolved as provided in Section 11.6, either you or KidGigs may initiate arbitration proceedings. If you are a resident of the United States, then the arbitration will be submitted to the American Arbitration Association under the AAA Commercial Arbitration Rules.Notwithstanding the foregoing, the arbitrator and the parties must comply with the following rules: (i) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, in which case the location of the arbitration shall be in San Mateo County, California; (iii) the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (iv) the arbitration will be conducted by a single arbitrator; (v) the arbitration will be in English; (vi) any arbitration award or decision need not be accompanied by a written, reasoned opinion; (vii) the arbitrator may not award any injunctive or equitable relief; and (viii) any arbitration award or decision is non-appealable.The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. Sec. 1, et seq., will govern its interpretation and enforcement and proceedings pursuant thereto.11.8 Fees and CostsYour responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable arbitration provider's rules and shall be up to the amount you would be required to pay if you filed a claim in court. Any and all disputes regarding a party's obligation to pay any arbitration fees or costs shall be determined solely by the arbitrator.11.9 Waiver of Class or Consolidated ActionsThe parties agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and KidGigs specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other user of KidGigs services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.11.10 ContinuationThis Arbitration Agreement shall survive the termination of your contract with KidGigs and your use of KidGigs services.11.11 Applicable Law; Venue Where Arbitration Does Not ApplyThese Terms are governed by California law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions. Except as prohibited by law or as otherwise set forth in Section 11, you agree (i) that any Dispute you may have against KidGigs must be resolved exclusively by a state or federal court with jurisdiction over San Mateo County, California, USA; and (ii) to submit to the personal jurisdiction of the courts with jurisdiction over San Mateo County, California, USA for the purpose of litigating all such claims or disputes and waive all claims of forum non conveniens or improper venue.12. Miscellaneous12.1 Contact; California Civil Code Section 1789.3 NoticeFor any questions or concerns regarding these Terms, please contact support@studentgigs.app.Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Platform is provided by KidGigs, Inc., 911 Haddock Street, Foster City, CA 94404. If you have a question or complaint regarding the Platform, please contact support@studentgigs.app. You may also contact us by writing KidGigs, Inc., 911 Haddock Street, Foster City, CA 94404. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834.12.2 Electronic CommunicationBy using the Platform provided on or through the Platform, you consent to receiving, and consent to your Minor receiving (as applicable), electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Platform provided on or through the Platform. These electronic communications are part of your and your Minor's (as applicable) relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you or your Minor (as applicable) electronically will satisfy any legal communication requirements, including that such communications be in writing.12.3 Consent to Receive Text Messages and Phone CallsBy providing your telephone number or, as applicable, by you or your Minor providing your Minor's phone number and indicating via the Platform your consent to receive messages via such number, you and/or your Minor (as applicable) consent to receive calls and text messages, including by manual dialing and/or using an automated telephone dialing system, from KidGigs related to your or your Minor's Account, registration, onboarding, upcoming or scheduled Gigs, changes and updates, service outages, and other operational or transactional matters necessary to service your or your Minor's Account and provide the KidGigs services, and/or your relationship with KidGigs, even if your telephone number is registered on any state or federal Do Not Call list.These communications may be delivered using an automated telephone dialing system and/or an artificial or prerecorded voice, as applicable. Message frequency may vary. Message and data rates may apply.You, on behalf of yourself and your Minor (as applicable), acknowledge and agree to receive automated calls and text messages from KidGigs even if you and/or your Minor close your and/or your Minor's Account or terminate your and/or your Minor's relationship with KidGigs, unless you, on behalf of yourself and/or your Minor, opt-out or your Minor directly opts out.You and/or your Minor may opt-out from receiving calls and text messages at any time. To opt-out of text messages, reply or have your Minor reply STOP, QUIT, END, CANCEL or UNSUBSCRIBE to any text message you or your Minor receives. You, on behalf of yourself or your Minor, acknowledge and agree that you and/or your Minor may receive one final text message confirming your opt-out.It is your sole responsibility, on behalf of yourself and your Minor, to notify KidGigs if you and/or your Minor no longer want to receive automated calls or text messages. Please note that if you and/or your Minor opt out of automated calls or text messages, we reserve the right to make non-automated calls to you and/or your Minor.You, on behalf of yourself and/or your Minor, may also revoke consent by contacting KidGigs at support@studentgigs.app or updating your and/or your Minor's communication preferences in your and/or your Minor's (as applicable) Account settings. Upon receipt of your revocation, KidGigs will honor your request, whether on behalf of yourself or your Minor, for the applicable communication type(s) and channel(s) within a reasonable time. You and/or your Minor may receive a final confirmation message acknowledging your and/or your Minor's opt-out.Where permitted by law and as consented by you, KidGigs may place calls or send messages using an automated telephone dialing system and/or an artificial or prerecorded voice. If you and/or your Minor do not wish to receive communications delivered using an artificial or prerecorded voice or an automated system, you, on behalf of yourself and/or your Minor, may revoke consent as described above.If you and/or your Minor close your and/or your Minor's Account or terminate your and/or your Minor's relationship with KidGigs, we will cease sending automated informational communications to you and/or your Minor (as applicable) except for legally required notices or final operational messages necessary to complete any pending transactions. Marketing or promotional communications will only continue if you, on behalf of yourself and/or your Minor (as applicable), have provided prior express written consent, and you, on behalf of yourself and/or your Minor (as applicable), may revoke such consent at any time.You, on behalf of yourself and/or your Minor (as applicable), represent that you or your Minor (as applicable) are the owner or authorized user of the telephone number(s) you or your Minor provide to KidGigs and that you will promptly notify KidGigs if you or your Minor change, reassign, or deactivate any such number. KidGigs may retain records of your consent, including any consent on your Minor's behalf, and any revocation for compliance purposes.12.4 AssignmentYou may not assign these Terms or your rights hereunder, or delegate any of your obligations, without our prior written consent. The foregoing prohibits any subcontracting of a Gig. We may assign these Terms and any of rights hereunder, and delegate any of our obligations, without your consent. Any purported or attempted assignment in violation of this paragraph is void.12.5 FeedbackBy sending us any question, comment, suggestion, idea, feedback, or other information about the Platform ("Feedback"), you hereby assign to us all right, title, and interest, including all intellectual property rights, in such Feedback, and, to the extent permissible under applicable law, waive and agree to never assert against us or any of our licensees any of your non-assignable intellectual property rights with respect to such Feedback. You agree that we shall own all Feedback and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. Feedback is provided on a non-confidential basis. We are free to use (or ignore) any Feedback.12.6 SeverabilityIf any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed amended to the minimum extent necessary to make such provision valid and enforceable while achieving, to the greatest extent possible, the original intent of these Terms. The remaining provisions of these Terms shall remain in full force and effect.12.7 Entire AgreementThese Terms, along with any documents expressly incorporated by reference, constitute the entire agreement between you and KidGigs regarding their subject matter and supersede all prior or contemporaneous understandings, agreements, communications, and representations, whether written or oral, relating to such subject matter.12.8 No Third Party BeneficiariesExcept in the case of Parents entering into this Agreement on behalf of their Minors, this Agreement is being entered into for the sole benefit of the parties hereto, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.12.9 Export ControlWe control and operate the Platform from our headquarters in the United States of America and the entirety of the Platform may not be appropriate or available for use in other locations. If you use the Platform outside the United States of America, you are solely responsible for following applicable local laws. You represent you are not located in, and will not use the Platform from, a country or territory subject to comprehensive U.S. sanctions, and are not a party listed on any U.S. or applicable sanctions or restricted parties list.12.10 Data RetentionUpon account deletion, personal information is retained for 90 days to allow for account recovery, after which it is permanently deleted from our systems. Transaction records may be retained longer as required by applicable law.