Terms of Use

This Terms of Use Agreement ("Terms") governs your access to, use of, and participation in the platform made available by Jiveocity, LLC, doing business as Megalancer ("Megalancer," "we," "our," or "us") and the entirety of your relationship with Megalancer. Jiveocity, LLC is a limited liability company organized under the laws of the State of Tennessee.

THESE TERMS, OUR PRIVACY POLICY, AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU, THE USER OF THE PLATFORM, AND JIVEOCITY, LLC / MEGALANCER. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY ACCESSING OR OTHERWISE USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the platform in any manner. If you use the platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity and the entity agrees to be bound by these Terms.

Megalancer operates as an online marketplace that connects homeowners/clients with independent contractors and freelancers for both online and local services. Megalancer provides the platform technology but does not provide the actual services performed by contractors.

Online Services: Services performed remotely via the platform (e.g., graphic design, writing, programming, consulting).

Local Services: Services performed in-person at a physical location (e.g., plumbing, electrical work, carpentry, landscaping, home repair).

Megalancer's Role: We are a technology platform that facilitates connections between users. We are not a party to the actual service agreement between clients and contractors. We do not employ contractors and do not direct or control the work performed by contractors.

Megalancer reserves the right, in our sole discretion, to modify these Terms at any time and without prior notice. We will notify you of changes by posting the updated Terms on the platform and/or by sending you an email notification. Modifications will become effective 30 days after being posted unless you are notified otherwise.

Your continued use of the platform after such modifications indicates your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the platform.

• "Platform" means all Megalancer websites, mobile applications, and services.
• "Homeowner" or "Client" or "Buyer" means a user who posts jobs and hires contractors through the platform.
• "Contractor" or "Freelancer" or "Seller" or "Megalancer" means a user who bids on and performs services through the platform.
• "Content" means text, graphics, images, videos, audio, data, and other materials available on or uploaded to the platform.
• "Services" means the services offered, provided, or facilitated through the platform.
• "Order" means the purchase and sale of services through the platform.
• "Job" or "Project" means a specific request for services posted by a client.
• "Bid" means a contractor's proposal to complete a job for a specified price and timeline.

To use the platform, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the platform under applicable laws
• Not have been previously suspended or removed from the platform
• Comply with all applicable laws and regulations

By using the platform, you represent and warrant that you meet all eligibility requirements.

To use certain features of the platform, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your information to keep it accurate and current
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account or security breach
• Be fully responsible for all activities that occur under your account
• Not share your account or allow others to access your account
• Not create multiple accounts or create an account using a false identity

You may not transfer or sell your account to another party. Megalancer reserves the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

You agree to use the platform in a lawful and respectful manner. You agree not to:

• Violate any local, state, national, or international laws or regulations
• Infringe on any intellectual property rights of Megalancer or third parties
• Post false, misleading, defamatory, or fraudulent content
• Harass, abuse, threaten, or intimidate other users
• Discriminate against any person based on race, ethnicity, national origin, religion, gender, age, sexual orientation, disability, or any other protected characteristic
• Interfere with or disrupt the platform's operation or servers
• Use automated systems, bots, or scraping tools to access the platform
• Attempt to circumvent security features or gain unauthorized access
• Upload viruses, malware, or other malicious code
• Engage in any form of fraudulent activity
• Manipulate reviews, ratings, or feedback
• Offer or accept payments outside the platform to circumvent fees
• Solicit or advertise competing services directly to platform users
• Use the platform for any illegal purpose
• Impersonate any person or entity
• Collect or harvest user information without consent

Megalancer charges fees for certain services on the platform. All fees are clearly disclosed before you commit to a transaction. Fees are non-refundable unless otherwise stated in these Terms or required by law.

Service Fees: Megalancer charges a service fee on transactions, which may vary based on the type of service, user status, or promotional offers. The fee structure will be clearly displayed before you complete a transaction.

Subscription Fees: Certain premium features may require subscription fees, which are billed on a recurring basis until canceled.

Payment Authorization: By providing a payment method, you authorize Megalancer to charge all applicable fees to that payment method. You represent that you have the legal right to use the payment method provided.

Payment Processing: Megalancer uses third-party payment processors (including Stripe) to facilitate transactions. You agree to comply with their terms and conditions.

Taxes: You are responsible for all applicable taxes, including sales tax, VAT, or other taxes that may apply to your transactions.

This Fee and ACH Authorization Agreement is part of these Terms and governs the fees Megalancer (Jiveocity, LLC) charges for use of the platform's communication, invoicing, dispute resolution, and payment services. This section also includes your authorization for debits and credits from and to your designated bank accounts via the automated clearing house network ("ACH").

Payment Methods

In order to use certain platform services, you must provide account information for at least one valid payment method. You may provide information for credit cards, debit cards, bank accounts (for ACH transfers), or other payment methods we accept.

By providing payment method information through the platform, you represent and warrant that:

• You are legally authorized to provide such information
• You are legally authorized to make payments using the payment method(s)
• If acting on behalf of a company or person, you are authorized to use the payment method to make payments on Megalancer
• Such actions do not violate the terms and conditions applicable to your use of such payment method(s) or applicable law

You hereby authorize Megalancer (Jiveocity, LLC) and its affiliates to run credit card authorizations on all payment methods provided, to store payment details as your method of payment consistent with our Privacy Policy, and to charge your payment method for fees and amounts owed under these Terms. If your primary payment method fails, you authorize us to charge your backup payment method for any amounts due.

Authorization for ACH Debits and Credits

If and to the extent permitted by Megalancer in its sole discretion, users may pay fees and amounts owed under these Terms from their designated bank accounts via ACH transfers. Subject to Megalancer's eligibility requirements, if you elect to pay via ACH transfers from your designated bank account, you hereby authorize us to:

• Electronically debit and, if necessary, electronically credit your designated bank account via ACH for such amounts pursuant to these Terms
• Comply with the ACH rules issued by the National Automated Clearing House (NACHA) and all applicable laws, including but not limited to the federal Bank Secrecy Act, the U.S.A. Patriot Act, and economic sanctions overseen by the Office of Foreign Assets Control (OFAC)
• Process recurring payments if applicable to your account or subscription

Your authorization for ACH transfers contained in this section will remain in full force and effect until you notify us that you wish to revoke your authorization by removing your bank account information from your account settings or by contacting customer support. You understand that we require at least one (1) business day's prior notice in order to cancel your authorization for ACH transfers.

Changes to Payment Method Information

You must notify us of any change in your designated payment method or bank account information at least five (5) business days before any such change by updating your account information or by contacting customer support. If we do not receive notice at least five (5) days before any such change, we may attempt, in our sole discretion, to implement such change prior to any ACH debit or credit transfer performed pursuant to your authorization. However, we assume no responsibility for our failure to do so.

Transaction History and Error Reporting

You may view a history of your account transactions by logging in to the platform. You are solely responsible for promptly reconciling your account transaction history with the transaction records for your bank account or payment method.

You must notify us of any errors or discrepancies in your account transaction history (each, an "Error") within 30 days of when the Error could be viewed in your account transaction history on the platform. If you do not notify us of an Error within 30 days of when the Error could be viewed in your account transaction history, you will forfeit the right to contest the Error, except to the extent such forfeiture is prohibited by applicable law or NACHA rules.

Subject to the foregoing notice requirement:

• If and to the extent an Error is caused by us, we will correct the Error
• If an Error is caused by you, we may, but are under no obligation to, attempt to correct the Error and will offset any costs we incur from any funds returned to your bank account or account balance
• If an Error results in your receipt of more funds than you are entitled to, we may recover the extra funds from you

Sufficient Funds and Payment Obligations

When you authorize a payment using a payment method, you represent that there are sufficient funds or credit available to complete the payment using the designated payment method. To the extent that any amounts owed under these Terms cannot be collected from your payment method(s), you are solely responsible for paying such amounts by other means.

Megalancer is not liable to any user if we do not complete a transaction as a result of any limit imposed by applicable law or your financial institution, or if a financial institution fails to honor any credit or debit to or from an account associated with such payment method. We will make commercially reasonable efforts to work with any affected users to resolve such transactions.

Fee Structure

Megalancer charges various fees for use of the platform, which may include but are not limited to:

• Service fees on completed transactions between clients and contractors
• Subscription or membership fees for premium accounts or features
• Payment processing fees
• Premium feature fees
• Withdrawal or disbursement fees based on your chosen payment method

All applicable fees will be clearly disclosed on the platform before you commit to a transaction or purchase. Megalancer reserves the right to change fees or institute new fees at any time, with reasonable advance notice provided to existing users for any material changes.

Third-Party Payment Processors

To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers (including Stripe and other payment processors) to process payments and manage your payment method information. You agree to comply with any terms and conditions required by these third-party payment processors.

Order Creation: When a client accepts a contractor's bid or purchases a service, an order is created. Orders are binding agreements between the client and contractor.

Order Requirements: Contractors must deliver services as described in their proposals and within agreed timelines. Clients must provide necessary information and cooperation for service completion.

Order Modifications: Any changes to order scope, price, or timeline must be agreed upon by both parties through the platform.

Order Completion: For online services, contractors must submit deliverables through the platform. Clients have a specified period to review and approve deliverables or request revisions.

Late Deliveries: If a contractor fails to deliver services within the agreed timeline without valid reason, the client may request cancellation and refund.

Cancellation by Mutual Agreement: Orders may be canceled if both client and contractor agree. Refunds will be processed based on work completed.

Cancellation for Non-Performance: If a contractor fails to deliver services or communicate for an extended period, the client may request cancellation. Megalancer will review and may issue a refund.

Cancellation for Breach: Megalancer may cancel orders if either party violates these Terms.

Refund Policy: Refunds are processed to the original payment method. Processing time varies by payment provider. Service fees may not be refundable.

Disputes: If you dispute a transaction, you agree to work with the other party and Megalancer to resolve the issue before initiating chargebacks.

If you are a Contractor, you represent, warrant, and agree that:

• You possess all necessary skills, licenses, permits, certifications, and insurance required to perform the services you offer
• You will perform services in a professional, workmanlike, and competent manner
• You will comply with all applicable federal, state, and local laws and regulations
• Your bids, proposals, and quotes are accurate, complete, and binding
• You maintain appropriate insurance coverage, including general liability and professional liability insurance where applicable
• You will deliver services as described and within agreed timelines
• You own or have rights to all content and materials you provide
• You will not use client information for any purpose other than providing services
• You will communicate professionally and respond promptly to client inquiries
• You will not subcontract work without client approval
• You are an independent contractor, not an employee of Megalancer or the client

For Local Services Contractors: You additionally represent that you have obtained all required local business licenses, trade licenses, and permits necessary to perform in-person services in the relevant jurisdiction. You understand that clients may request proof of licensing and insurance before engaging your services.

If you are a Client, you agree to:

• Provide accurate, detailed, and complete project descriptions
• Pay contractors as agreed through the platform
• Treat contractors professionally, respectfully, and courteously
• Provide timely feedback and required information
• Review deliverables within specified timeframes
• Leave honest, fair reviews based on actual experience
• Not request services that violate laws or these Terms
• Not use contractor work until payment is complete
• Maintain confidentiality of contractor information

For Local Services Clients: You additionally agree to provide safe working conditions and site access as needed. You understand and acknowledge your responsibility to verify contractor credentials, as detailed in the "Local Services - Special Terms and Disclaimers" section below.

Nature of Platform for Local Services

For local services (including but not limited to plumbing, electrical work, carpentry, landscaping, home repair, construction, installation, maintenance, and any other in-person services), Megalancer operates solely as a directory and connection platform. Megalancer is NOT a party to the service agreement between you and the contractor.

You are entering into an OFF-SITE, DIRECT AGREEMENT with the contractor. Megalancer merely provides the technology platform that allows you to locate, communicate with, and potentially hire contractors. All actual work, agreements, and arrangements for local services occur independently between you and the contractor outside of Megalancer's control.

Your Responsibility to Verify Contractor Credentials

IT IS YOUR SOLE RESPONSIBILITY TO:

• Verify that any contractor you hire for local services holds all required licenses, permits, certifications, and registrations for the specific work to be performed in your jurisdiction
• Confirm that the contractor maintains appropriate insurance coverage, including general liability insurance, workers' compensation insurance (where required), and any other applicable insurance
• Check the contractor's references, credentials, background, and work history
• Ensure the contractor is authorized to work in your area and complies with all local, state, and federal regulations
• Request and review copies of licenses, insurance certificates, and other documentation before allowing work to begin
• Verify the authenticity of any credentials provided by the contractor
• Conduct any background checks you deem necessary
• Ensure compliance with any homeowner association rules, building codes, or permit requirements

Megalancer does not verify, validate, or guarantee the licenses, insurance, qualifications, or credentials of contractors. Any information provided by contractors on the platform is self-reported and not independently verified by Megalancer.

Megalancer's Disclaimers for Local Services

MEGALANCER EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR:

• The quality, safety, legality, or timely completion of any local services performed by contractors
• Any injury, property damage, loss, or harm resulting from local services
• Any defects, deficiencies, or code violations in work performed
• The conduct, actions, or omissions of contractors performing local services
• Any disputes between clients and contractors regarding local services
• Contractor licensing status, insurance coverage, or regulatory compliance
• The accuracy of contractor profiles, portfolios, reviews, or representations
• Any violations of applicable building codes, safety regulations, or permit requirements
• Any warranties or guarantees made by contractors (unless provided by Megalancer in writing)
• Payment disputes, breach of contract, or non-performance related to local services

Risks of Local Services

You acknowledge and understand that local services involve inherent risks, including but not limited to:

• Physical injury or death to persons on the property
• Property damage, including structural damage or damage to personal belongings
• Work that does not meet applicable building codes or standards
• Unlicensed or uninsured contractors performing work
• Theft or vandalism by contractors or their employees
• Liens placed on your property for unpaid subcontractors or suppliers
• Financial loss due to contractor fraud, abandonment, or non-performance

Your Release of Liability

BY USING MEGALANCER TO FIND AND HIRE CONTRACTORS FOR LOCAL SERVICES, YOU EXPRESSLY AGREE THAT:

• You cannot hold Megalancer, Jiveocity, LLC, or any of their affiliates, officers, directors, employees, agents, or representatives responsible or liable for any issues, problems, damages, injuries, losses, or disputes arising from local services
• Megalancer and Jiveocity, LLC are not responsible for verifying contractor credentials or ensuring regulatory compliance
• You assume all risks associated with hiring and working with contractors found through the platform
• Your sole recourse for any issues with local services is against the contractor directly, not Megalancer or Jiveocity, LLC
• You release and discharge Megalancer, Jiveocity, LLC, and all of their affiliates, officers, directors, employees, agents, and representatives from any and all claims, demands, causes of action, damages, liabilities, or obligations of any kind whatsoever, whether known or unknown, arising out of or related to local services
• This release applies to claims based on contract, tort (including negligence), strict liability, or any other legal theory

Recommendations for Local Services

While Megalancer is not responsible for your contractor selection, we strongly recommend that you:

• Always verify licenses and insurance before allowing work to begin
• Obtain written contracts that detail scope of work, timeline, and payment terms
• Obtain necessary permits before work begins
• Never pay in full upfront; use milestone-based payments
• Document all communications and agreements in writing
• Take photos before, during, and after work is performed
• Research typical costs for the work to avoid overpaying
• Trust your instincts; if something feels wrong, seek another contractor

For certain transactions, Megalancer may hold funds in escrow until services are completed and approved. This provides protection for both clients and contractors.

Escrow Process for Online Services: Funds are held in escrow when an order is placed. Upon successful delivery and client approval, funds are released to the contractor minus applicable service fees.

Milestone Payments: For larger projects, payments may be divided into milestones. Funds for each milestone are released upon completion and approval of that specific milestone.

Payment Disputes: If a dispute arises, funds may be held in escrow until the dispute is resolved through our dispute resolution process.

Third-Party Processors: Megalancer uses third-party payment processors such as Stripe to facilitate transactions. We are not responsible for errors, delays, or issues caused by payment processors. You agree to comply with their terms of service.

Chargebacks: Initiating a chargeback without first attempting to resolve the issue through Megalancer's dispute resolution process may result in account suspension or termination.

Megalancer's review system allows users to share feedback about their experiences. Reviews help maintain quality and trust on the platform.

Review Guidelines: Reviews must be honest, accurate, and based on genuine experience. You may not post false, misleading, or malicious reviews. You may not offer compensation for positive reviews or threaten negative reviews to obtain concessions.

Review Removal: Megalancer reserves the right to remove reviews that violate these Terms, including reviews that contain profanity, personal attacks, discriminatory language, or false information.

Response to Reviews: Contractors may respond to reviews. Responses must be professional and may not contain personal attacks or confidential information.

Megalancer's Intellectual Property: The platform and its content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Megalancer Content"), are owned by Megalancer or its licensors and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, rewrite, create derivative works from, transfer, or sell any Megalancer Content without our express written permission.

User Content License: By posting, uploading, or submitting content on the platform ("User Content"), you grant Megalancer a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in any media formats and through any media channels.

This license continues even if you stop using the platform, except that you may request removal of your content by contacting us.

Content Ownership: You retain ownership of your User Content. However, you represent and warrant that you own or have the necessary rights to use and grant us rights to use all User Content you post.

Work Product: As between client and contractor, ownership of work product created during service provision is governed by the agreement between them. Unless otherwise agreed, the contractor retains ownership until full payment is made.

Megalancer respects intellectual property rights. If you believe content on the platform infringes your copyright, please notify us with the following information:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on the platform
• Your contact information (address, telephone, email)
• A statement that you have a good faith belief that the use is not authorized
• A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner

Send DMCA notices to: support at megalancer.com

Your use of the platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

By using the platform, you consent to our collection and use of your information as described in the Privacy Policy.

The platform may contain links to third-party websites or services that are not owned or controlled by Megalancer. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party websites or services.

You acknowledge and agree that Megalancer shall not be responsible or liable for any damage or loss caused by use of or reliance on any such content, goods, or services available through third-party websites or services.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, MEGALANCER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE PLATFORM
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT, SERVICES, OR INFORMATION OBTAINED THROUGH THE PLATFORM

MEGALANCER DOES NOT GUARANTEE:

• The quality, safety, timeliness, or legality of services provided by contractors
• The truth or accuracy of user content, including contractor profiles, reviews, or qualifications
• That contractors have required licenses, permits, or insurance
• That clients will pay for services rendered
• That any particular contractor or client is suitable for your needs
• The conduct, performance, or reliability of users

MEGALANCER IS NOT RESPONSIBLE FOR:

• The conduct of users on or off the platform
• Any damages to your property or injuries to persons resulting from services
• Disputes between clients and contractors
• The failure of contractors to perform services
• The failure of clients to pay for services
• Any violations of law by users

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEGALANCER, JIVEOCITY, LLC, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AFFILIATES, OR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• ANY LOSS OF PROFITS, REVENUES, DATA, OR USE
• ANY LOSS OF GOODWILL OR BUSINESS OPPORTUNITIES
• ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM
• ANY DAMAGES ARISING FROM SERVICES PROVIDED BY CONTRACTORS
• ANY DAMAGES ARISING FROM USER CONDUCT OR CONTENT
• ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT
• ANY DAMAGES ARISING FROM ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
• ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH ARISING FROM LOCAL SERVICES
• ANY CLAIMS, DISPUTES, OR ISSUES BETWEEN CLIENTS AND CONTRACTORS

THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MEGALANCER OR JIVEOCITY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MAXIMUM AGGREGATE LIABILITY: IN NO EVENT SHALL MEGALANCER'S OR JIVEOCITY, LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO MEGALANCER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Megalancer, Jiveocity, LLC, and their respective parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors (collectively, "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the platform
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights
• Your User Content
• Your provision or receipt of services through the platform, including any local services
• Any disputes between you and other users
• Your violation of any applicable laws or regulations
• Any injury, property damage, or other harm arising from services you provide or receive, including any local services
• Any claims by third parties arising from your use of the platform
• Your failure to verify contractor credentials, licenses, or insurance as required in the Local Services section
• Any negligence or willful misconduct by you or your agents

This indemnification obligation will survive termination of these Terms and your use of the platform. Megalancer and Jiveocity, LLC reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of these claims.

Agreement to Arbitrate: You and Megalancer agree that any dispute, claim, or controversy arising out of or relating to these Terms or the platform (collectively, "Disputes") will be settled by binding arbitration, except as set forth below. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts.

Exceptions to Arbitration: Either party may bring a lawsuit in court in the following circumstances:

• Claims for injunctive or other equitable relief to protect intellectual property rights
• Claims brought in small claims court, as long as the case remains in that court
• Claims that cannot be arbitrated under applicable law

Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

Arbitration Process: The arbitration will be conducted by a single arbitrator. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will have the authority to award monetary damages and other relief.

Location: The arbitration will take place in the county where you reside or another mutually agreed location.

Costs: Each party will be responsible for their own costs and attorney's fees, unless the arbitrator determines that a party's claim was frivolous or brought for an improper purpose.

CLASS ACTION WAIVER: YOU AND MEGALANCER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Megalancer agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Jury Trial Waiver: YOU AND MEGALANCER HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

Opt-Out Right: You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to support at megalancer.com within 30 days of first registering your account. If you opt out, all other parts of these Terms will continue to apply, but you and Megalancer will not be bound by the arbitration agreement.

Severability: If any portion of this arbitration agreement is found to be unenforceable, the remainder shall remain in full force and effect. If the class action waiver is found to be unenforceable, the entire arbitration agreement (but not the rest of these Terms) shall be null and void.

Termination by You: You may terminate your account at any time by contacting us at support at megalancer.com. Upon termination, you will no longer have access to your account or any data associated with it.

Termination by Megalancer: Megalancer may suspend or terminate your account at any time, with or without cause, with or without notice, for any reason including:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Technical or security issues
• At our sole discretion for any other reason

Effect of Termination: Upon termination:

• Your right to use the platform will immediately cease
• We may delete your account and data
• You remain liable for any outstanding obligations
• Provisions that by their nature should survive will survive, including ownership, disclaimers, indemnification, and limitation of liability

No Refunds: Termination does not entitle you to a refund of any fees already paid.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Ohio for resolution of any disputes not subject to arbitration.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or agreements published by Megalancer on the platform, constitute the entire agreement between you and Megalancer concerning the platform.

Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

No Waiver: The failure of Megalancer to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

Assignment: You may not assign or transfer these Terms or your rights and obligations under these Terms without the prior written consent of Megalancer. Megalancer may freely assign or transfer these Terms without restriction. Any attempted transfer or assignment in violation of this section shall be null and void.

Notices: Megalancer may provide notices to you via email, regular mail, or postings on the platform. Notices to Megalancer should be sent to support at megalancer.com.

Force Majeure: Megalancer shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, strikes, natural disasters, government restrictions, or internet outages.

Independent Contractors: Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between users or between users and Megalancer. All contractors are independent contractors and not employees of Megalancer or clients.

No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights except as expressly stated herein.

Survival: All provisions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

If you have any questions, concerns, or complaints about these Terms or the platform, please contact us at:

For fastest response, please use email. We aim to respond to all inquiries within 48 business hours.