Terms of Use

§1. Acceptance of These Terms

By accessing or using NearbyCrew, you agree to these Terms of Use and our Privacy Policy. If you do not agree, do not use the Service.

• “Service” includes our websites, apps, tools, messaging, and related services.
• If you are using the Service for a business, you represent you have authority to bind that business.
• We may update these Terms from time to time; continued use means acceptance of the updated Terms.

§2. Eligibility

You must be at least [18 Years Old] years old and able to form a legally binding contract. You agree to provide accurate information and to keep your account details up to date.

• Some services may require identity verification or additional onboarding.
• Providers may be required to complete payment onboarding (e.g., Stripe), tax forms, and compliance checks.

§3. NearbyCrew’s Role (Platform Only)

NearbyCrew is a coordination platform that connects customers requesting services with independent providers (“Crew” / “Providers”) who may accept those requests.

• Providers are independent contractors (not employees, agents, or representatives of NearbyCrew).
• We do not provide the services ourselves unless explicitly stated.
• We may offer tools such as scheduling, messaging, location sharing, and payments to support coordination.

§4. Accounts, Security, and Communications

You are responsible for your account activity and for maintaining the confidentiality of your login credentials. You agree to notify us promptly of any unauthorized use.

• We may send service notifications via email, SMS, push notifications, or in-app messages.
• We may suspend or restrict accounts for security, fraud prevention, or policy enforcement.
• We may store and display profile information (e.g., display name, photo) as part of the Service.

§5. Payments, Fees, and Processing

NearbyCrew may enable customers to pay for jobs through the Service, and may enable providers to receive payouts. Payment processing may be provided by third parties (e.g., Stripe) and is subject to their terms.

• Platform Fees: We may charge service fees, platform fees, payment processing fees, or other charges.
• Taxes: Taxes may be included, excluded, or added depending on jurisdiction and job type.
• Authorization: When you pay, you authorize the charge and agree to pay all applicable amounts.
• Payouts: Providers may be subject to payout holds during disputes, chargebacks, or compliance checks.

Pricing Notice: Pricing may be set by the customer, provider, or by a pricing engine depending on product mode. Any “estimates” are not guarantees unless explicitly marked as fixed-price.

§6. Rules and Prohibited Use

You agree not to misuse the Service, including by:

• Violating laws or regulations, or encouraging illegal activity.
• Harassing, discriminating, threatening, or abusing others.
• Uploading malicious code, scraping without permission, or interfering with platform operation.
• Attempting to bypass fees, payments, or safety policies (including off-platform payment solicitation if prohibited).
• Impersonating others or providing false information.
• Requesting or offering prohibited services (e.g., illegal, dangerous, or regulated work) as defined by our policies.

§7. Jobs, Cancellations, Refunds, and Disputes

Job details, timing, scope, and price are defined in the job request and any in-app updates. You agree to follow our cancellation and refund policies.

• Customer Cancellations: [Insert cancellation window + fee logic].
• Provider Cancellations: Providers should cancel only when necessary; repeated cancellations may affect access.
• Refunds: [Insert refund policy, partial refunds, and conditions].
• Chargebacks: Payment processor chargebacks may lead to holds and account review.
• Disputes: We may investigate disputes using messages, photos, timestamps, and platform logs.

§8. User Content, Ratings, and Intellectual Property

You may submit content like messages, photos, job notes, and reviews (“User Content”). You retain ownership of your User Content, but grant NearbyCrew a license to use it to operate, improve, and enforce policies.

• Don’t post content that is illegal, infringing, or violates others’ rights.
• Ratings and reviews should be honest and not manipulated.
• NearbyCrew branding, software, and designs are owned by NearbyCrew or its licensors.

§9. Disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, NearbyCrew disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement.

• We do not guarantee providers will accept a job or that a job will be completed to your satisfaction.
• We do not guarantee uninterrupted, error-free, or secure operation.
• Providers are responsible for their work; customers are responsible for job request accuracy and safe conditions.

§10. Limitation of Liability

To the maximum extent permitted by law, NearbyCrew will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill.

• Our total liability for any claim related to the Service is limited to: [$0].
• Some jurisdictions do not allow certain limitations; in those cases, these limitations apply to the fullest extent permitted.

§11. Termination and Suspension

You may stop using the Service at any time. We may suspend or terminate access for policy violations, fraud risk, legal compliance, or safety issues.

• We may retain records as needed for compliance, disputes, and fraud prevention.
• Termination does not eliminate payment obligations incurred before termination.

§12. Dispute Resolution

Disputes should be handled in good faith. Before filing formal claims, contact support so we can attempt to resolve issues. Replace this section with your final approach (arbitration vs. courts) and region-specific requirements.

• Informal resolution: Email support@earbycrew.com with details and allow a reasonable time to respond.
• Venue / arbitration: [N/A].
• Governing law: [CALIFORNIA/USA].

§13. Miscellaneous

• Severability: If any provision is invalid, the rest remains in effect.
• Assignment: You may not assign these Terms without our consent; we may assign as part of restructuring.
• Entire agreement: These Terms + Privacy Policy + related policies form the entire agreement.
• Headings: Headings are for convenience only and do not affect interpretation.