Updated November 17, 2025
These Terms of Service apply to the Croux website and mobile application available on the World Wide Web, Apple Platform Store, and Google Play Store for Android, along with any other service or tool provided by Croux, Inc., its subsidiaries and/or affiliates (“Croux”) and access or used by you (collectively, the “Platform”). The Platform is owned by Croux, Inc. (“Croux”). These Terms of Service also incorporate by reference the Privacy Policy and any other policies available on the Platform. BY USING THE PLATFORM, YOU AGREE TO THESE TERMS OF SERVICE.
By using any part of the Services, you agree to be bound by these Terms of Service, our Privacy Policy, and our Community Guidelines, which are incorporated herein by reference. You further confirm that you are at least eighteen (18) years old and have the legal authority to accept these Terms. If you do not agree to these Terms, you may not use or access the Services.
Croux reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. You are responsible for periodically reviewing the Terms of Service for changes. Material changes to these Terms require your affirmative acceptance through a click-wrap prompt at your next login. Continued use of the Platform alone does not bind you to material changes. Non‑material updates may take effect upon posting.
Croux is a neutral technology platform that facilitates connections between users for the provision of services. Croux is not an employment service and does not serve as an employer of any user. The Platform comprises the Croux Mobile Platform, Croux Marketplace, and related services, which provide opportunities through which Talent seek temporary employment opportunities with Business Users who post temporary job opportunities (“shifts” or “gigs”) in various industries, including but not limited to hospitality, manufacturing, and construction. Croux may utilize location tracking services dependent on the user’s settings to provide these services. Business User
Nothing in these Terms creates an employment, joint venture, or agency relationship between Croux and Talent. Talent control the manner and means of performing shifts and provide required tools unless the Business User provides them.
Talent may not delegate or subcontract a shift without the Business User’s prior written consent.
You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Platform. You are the sole authorized user of any account you create. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity.
Croux will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Croux or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Croux has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, your account may be suspended or terminated.
By utilizing Croux, all Talent agree to abide by the Community Guidelines.
Croux may implement identity checks, device fingerprinting, geolocation, or usage pattern analysis to protect the Platform and Users. Accounts engaging in fraud or evasion of controls may be suspended or removed.
Croux may pause or remove access for violations of Terms, Guidelines, safety risks, or fraud. You may appeal within 14 days by contacting support@croux.co and providing relevant information.
Complaints and Investigations. Croux provides a formal process for reporting issues, including safety concerns, discrimination or harassment, policy violations, or shift disputes. To protect users and ensure compliance, Croux may temporarily pause an account's access to new shifts while a good-faith complaint is under active investigation. All reports and investigations are handled in accordance with our Complaints Policy.
The Croux platform is not intended for use by individuals under the age of 18. We do not knowingly collect or solicit personal information from children under 18. If you are under 18, do not attempt to register for or use the platform or send any personal information to us. If we learn that we have collected personal information from someone under 18, we will delete that information promptly. If you believe a minor has provided us with personal information, please contact us at support@croux.co.
Payment processing services for Users through Croux are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a User on Croux, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Croux enabling payment processing services through Stripe, you agree to provide Croux accurate and complete information about you, and you authorize Croux to share it and transaction information related to your use of the payment processing services provided by Stripe with Stripe and/or in accordance with our Privacy Policy.
To use the Platform, Business Users must onboard as Stripe customers, attach a payment method, and be vetted and approved by Croux. Croux Members must onboard as Stripe Connect “vendors”, attach a bank account or debit card, and be vetted and approved by Croux before they are able to use the Platform.
Once a Croux Member and Business User have scheduled services, Croux will facilitate payment of the applicable Talent compensation on behalf of the Business User, including the cost of the services provided by the Croux Member plus Service Fees as defined below. Upon completion of a Shift, payment shall be made to Talent’s Stripe Account. Payouts are typically processed within 24 hours after shift clock‑out confirmation unless otherwise stated in the shift description. Disputes regarding hours or pay must be submitted via the in‑app Dispute Pay feature within 7 days of the shift.
Croux Members will be charged a fee for "Instant Payout" withdrawals from their Croux balance. Croux reserves the right to change the Instant Payout fee at any time.
In consideration for the services provided by Croux, all charges include a service fee, and the Business User agrees to pay Croux the applicable service fees then in effect (“Service Fees”). Service Fees will be included in Charges for each transaction presented to a Croux Member as a percentage of the total charged to the Business User from a Croux Member. Croux reserves the right to change the Service Fee at any time.
As a condition of accessing and performing shifts through the Platform, all Talent are covered by Croux’s Occupational Accident Insurance (“OAI”). To fund this coverage, Croux will deduct $0.50 per hour from Talent compensation for each hour or partial hour worked. Time worked is rounded up to the next full hour for purposes of calculating this deduction. For example, a shift lasting 2 hours and 5 minutes will result in a $1.50 OAI deduction (3 hours × $0.50).
This deduction is mandatory for all Talent using the Platform and applies regardless of shift type, employer, or location. OAI is not a substitute for workers’ compensation, and coverage is limited as described in these Terms.
Croux reserves the right to charge a cancellation fee pursuant to the terms and conditions presented to you at the time of submitting or accepting a job, and you authorize Croux to charge any applicable cancellation fees to the payment provided by you to Croux.
If an Business User cancels a shift within 24 hours of its scheduled start time, the Business User will be charged a Late Cancellation Fee equal to (a) 50% of the total value of the scheduled shift, or (b) four (4) hours of Talent pay at the applicable hourly rate, whichever amount is greater. The Late Cancellation Fee will be charged to the payment method on file, and the Business User agrees that this fee represents a reasonable estimate of the costs and disruptions caused by late cancellations. All Late Cancellation Fees are final, nontransferable and nonrefundable; provided, however, Croux may correct clerical errors related to any Charges by providing notice by email and a reasonable opportunity for you to object to the correction. Clerical errors include without limitation minor mistakes or unintentional or duplicate Charges.
Business Users will also be required to pay an ongoing membership/subscription fee to Croux for use of the Services for each location or unique operation that Croux supports. That fee will initially be automatically charged to Business User when Business User posts its first shift and continues as long as Business User uses the Services. If Business User does not agree to the membership fee, Business User must terminate their membership by contacting Croux at support@croux.co.
Subscriptions to the Platform shall be auto-renewing and the applicable rates for access to the Platform may increase at Croux’s sole discretion. In the event of a rate increase, Croux shall supply all users thirty (30) days’ notice of any rate increase prior to that increase going into effect.
In the event Business User or any affiliate of Business User, or any of the directors, officers, or employees of Business User or any affiliate of Business User desire to hire or otherwise engage a Talent directly through Business User or any affiliate of Business User, at any time during the six-month period beginning on the day on which such Talent last performed work for Business User, Business User will be billed a fee in the amount of $2000 (or $1000 for a Talent that has worked at least 200 hours with Business User) for such direct hire or other engagement of the Talent (the “Direct Hire Fee”). The Direct Hire Fee shall be charged regardless of (a) how the opportunity came about (Talent contacting Business User, Business User contacting Talent, or Talent applying to public job posting), (b) whether there are different Business User personnel involved in the direct hire of the Talent and previous engagement of the Talent through Croux; or (c) Business User notifies Croux of such direct hire or engagement of the Talent. Business User agrees that the Direct Hire Fee represents a fair and reasonable estimate of the costs Croux incurs to identify, vet, and match Talent, and is intended as liquidated damages—not as a penalty—in the event Business User engages Talent outside the Platform.
For invoices not paid within ten days of issuance, a late fee of 2% of the total invoice amount will be charged for each month (or part thereof) that the invoice remains unpaid after the due date.
Croux is a technology platform that facilitates the connections between independent service providers ("Talent") and businesses seeking to engage services for specific tasks or shifts ("Business Users"). Croux does not employ Talent, does not supervise the performance of services, and does not control or direct the manner, means, or methods of any services rendered through the platform. Businesses may specify expectations in the shift description, but Talent may choose how to meet those requirements. Talent are responsible for providing their own tools, equipment, and attire as required by the shift. Talent accept pay rates set by Business Users; Croux does not dictate compensation terms or negotiate on behalf of either party. Talent are free to accept or reject any shift without penalty, and are encouraged to work with other platforms, companies, or clients. There is no exclusivity between Talent and Croux. At no time does Croux assume the role of Business User, joint Business User, staffing agency, or employment service.
Croux’s role is limited to providing the Platform and facilitating payments. Croux does not supervise, direct, or control Talent in any manner, nor does it inspect worksites, dictate methods, or evaluate performance other than collecting customer feedback for internal ratings and matching algorithms.
Nothing contained in these Terms of Use, or otherwise communicated by Croux, shall be construed to create an employment, joint venture, partnership, franchise, or agency relationship between Croux and any user. Talent are at all times acting as independent contractors and are solely responsible for determining when, where, and how they provide services.
As such, Talent are solely responsible for complying with all legal and regulatory obligations applicable to independent contractors, including but not limited to tax reporting, income tax payments, self-employment taxes, unemployment insurance, workers’ compensation, and any other statutory contributions or benefits. Croux does not withhold, pay, or remit any taxes or employment-related payments on behalf of any user. Each user expressly acknowledges and agrees that they are not entitled to any benefits provided by Croux to its employees, if any, including but not limited to health benefits, paid leave, or insurance coverage.
If any governmental body, court, or authority determines that Croux may be liable for any tax, penalty, benefit contribution, or similar obligation due to a user’s use of the platform or misclassification of employment status, the user agrees to fully indemnify, defend, and hold harmless Croux and its officers, directors, employees, contractors, and affiliates from and against any such liabilities, including all associated costs, penalties, interest, and attorneys' fees.
By using the platform, you acknowledge and accept that you are solely responsible for understanding and complying with any laws, rules, or regulations applicable to your use of the platform, your classification status, and the services you provide or receive.
Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:
Croux reserves the right to suspend and/or permanently deactivate your account at its sole discretion in the event of any breach of these restrictions.
You understand that some Services, such as the use of the TARA service, are provided using AI or an AI Agent, and that interactions with such tools or agents (including your voice) will be recorded and stored by Croux, and information you provide during those interactions may be shared with and used by third parties as described in our Privacy Policy. By using the Services, you agree to all uses and sharing of your information described in the Privacy Policy. The Privacy Policy and this Agreement may be updated from time to time, and we encourage you to review both regularly.
You may not use, incorporate, copy, data mine, scrape, or otherwise extract any Content or data available through the Services for the purpose of developing, training, fine-tuning, or grounding (including through retrieval-augmented generation (“RAG”)) any artificial intelligence or machine-learning model or similar technology.
You may not create apps, extensions, or other products or services that use any Content or data available through the Services (including without limitation in connection with AI) without our express written permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as, or generate (whether through AI or otherwise) a substitute for, a subscription to or other use of the Services.
Where a feature collects or processes voiceprints or similar biometric identifiers, Croux will provide a separate notice and obtain required consent before collection and will retain and delete such data as required by law.
To enhance the Platform's safety, efficiency, and user experience, Croux utilizes automated systems and artificial intelligence (AI). These tools may be used to analyze usage patterns, generate recommendations, provide eligibility indicators, assess fraud or safety risks, or assist in content moderation. For any significant decision (such as account deactivation) that is materially influenced by an automated tool, you may have the right to request a human review of the decision by contacting support@croux.co.
As an independent contractor, you maintain control over the manner in which you perform your services, even for engagements at a specific time and location. You are responsible for managing your own time and taking necessary breaks to perform effectively. While doing so, you are expected to coordinate professionally with the client and other contractors to ensure the client’s service needs are met throughout the engagement period. Croux does not set or enforce a break schedule.
Croux is a technology platform that facilitates the connections between independent service providers ("Talent") and businesses seeking to engage services for specific tasks or shifts ("Business Users"). Each shift may include physical or functional requirements described in the posting (for example: the ability to stand for extended periods, lift certain weights, or navigate crowded spaces safely and independently).
By using the Platform and accepting any assignment, you confirm that you are able to perform the described duties safely, effectively, and without on-site assistance beyond what is customarily provided to all participants in that environment.
While Croux is not an Business User and does not provide employee accommodations, we value inclusion and transparency. If you believe you may need an accommodation or adjustment to meet the requirements of a role, you are encouraged to contact Croux prior to accepting the assignment so we can assess whether a reasonable modification can be supported through the business partner.
Failure to perform assigned duties due to undisclosed functional limitations may result in removal from the shift and may affect eligibility for future opportunities, consistent with Croux’s performance policies.
Harassment, discrimination, or retaliation is prohibited. Croux may pause access during investigation and remove violators consistent with applicable law.
Croux is committed to prohibiting discrimination and facilitating reasonable accommodations for known disabilities, consistent with applicable law. If you require a reasonable accommodation to access or use the Platform, please contact support@croux.co. Croux may facilitate communications between you and a Business User regarding an on-site accommodation request, but the Business User is solely responsible for its own legal obligations and for conditions at the worksite. Croux prohibits discrimination and facilitates reasonable accommodations consistent with applicable law. Croux does not control on‑site workplace conditions.
All content, including, but not limited to, text, graphics, photographs, trademarks, logos, sounds, music, and computer code (that content, the “Content”) arranged to create the design, structure, coordination, expression, appearance and feel of the Platform is owned, controlled or licensed by or to Croux, and is protected by United States and international patent, copyright, trademark and trade secret laws of general applicability.
Except as expressly provided in the Terms of Service, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web Platform, or other medium for publication or distribution or for any commercial enterprise without Croux’s prior express written consent.
The above notwithstanding, you may use information purposefully made available by Croux for download from the Platform provided that you: (1) not remove any proprietary notice language in all copies of such documents (2) use such information only for your personal, noncommercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media (3) make no modifications to any such information (4) make no additional representations or warranties relating to such documents.
You grant Croux a non-exclusive, worldwide, royalty-free license to host and display content you provide solely to operate the Platform. This does not include Business User confidential information or Talent personal data, which remain subject to confidentiality and privacy obligations.
Talent will not disclose or misuse Business User confidential information obtained during shifts.
If you believe content infringes your rights, submit a notice to the designated agent. Croux may remove content or terminate repeat infringers.
By agreeing to these terms and conditions, you grant Croux Inc. the right to use your business's logo for marketing and promotional purposes. This includes, but is not limited to, use on our website, social media channels, email campaigns, and other promotional materials.
We agree to the following:
The logo will be used in a manner that maintains its quality and integrity, in accordance with any brand guidelines you provide.
You have the right to revoke this consent at any time by contacting us at support@croux.co. Upon receiving such a request, we will cease using your logo within 30 days. However, we may continue to use existing materials until they are naturally phased out.
This agreement is valid during the duration of use of Croux services, after which it can be renewed upon mutual consent.
The trademarks of Croux are not to be used without permission. Trademarks include, but are not limited to:
Croux
Trademarks also include, but are not limited to, the logos associated with any trademarks and used throughout the Platform. The content included in the Platform and other resources made available through the Platform is protected by copyright and is owned or used with permission or under fair use by Croux.
By accessing the Platform, you grant Croux the right to use and display your name, logo, and a description of your use on Croux’s website and in marketing and promotional materials, subject to your standard trademark usage guidelines that are provided to Croux.
As long as you are in compliance with the Terms of Service, Croux grants you a personal, non-exclusive, nontransferable, limited privilege to enter and use the Platform. Access to this Platform is limited to personal use of the Platform and is not for downloading (other than page caching) or modifying all or any portion of the Platform, without the prior express written consent of Croux. This license does not include any resale or commercial use of the Platform or the Content; any collection or use of any product listings, descriptions or prices; any derivative use of the Platform or the Content. No part of the Platform may be reproduced, duplicated, copied, sold, resold, transferred or otherwise exploited for any commercial purpose without the prior express written consent of Croux. Any unauthorized use of the Platform terminates the permission and license granted herein. You are granted a limited, revocable non-exclusive right to create a hyperlink to the Platform, or any part of the Platform, as long as the link does not portray Croux or any licensors or affiliates in a false, misleading, derogatory or otherwise offensive matter. You may not use any logos or other proprietary trademarks as part of the link without the prior express written permission of Croux.
From time to time, Croux may make available beta offerings. You may, in your sole discretion, choose to use a beta offering. Croux may discontinue a beta offering at any time, in its sole discretion, or decide not to make a beta offering generally available. To the extent you use any beta offerings that are only made available to a limited number of customers on an invitation basis in a non-public or private manner the following terms shall apply.
Any private beta offering made available to you is strictly for testing and experimentation purposes only. You acknowledge that, by its nature, a private beta offering may (a) not meet speed or performance benchmarks or expectations; (b) have gaps in functionality; and (c) contain bugs. Any existing support terms shall not apply to private beta offerings. Private beta offerings, and any information related to such private beta offerings, including their existence, are considered Confidential Information of Croux.
Links to other websites or applications are provided for the convenience and information of visitors to the Platform. Clicking on these links will navigate you to another site. The inclusion of links on the Platform does not represent, unless specifically noted in the link, an endorsement, authorization, sponsorship, or affiliation with the linked site. Unless otherwise indicated, any applications, webpages, or documentation linked to from the Platform are not under the control of Croux. Croux is not responsible for the content or presentation of any linked Platform. Croux makes no representation regarding the accuracy or completeness of the information contained in any linked applications, webpages, or documentation unless otherwise indicated as material of Croux.
By “Opting In” to or using the Croux “Text Message Service” (both terms defined below), you provide your express written consent to these Terms and Conditions.“Text Message Service” includes any arrangement or situation in which Croux sends (or indicates that it may send or receives a request that it send) one or more text messages. “Opting In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages.
By Opting In to a Text Message Service:
Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. Croux may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms and Conditions still will apply. For Text Message Services, text HELP to the number that sends you text messages for help and STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify. To complete your opt-out, please provide the requested clarification. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service. You consent to the handling of your information as described in the Croux Privacy Policy. You must be 18 years of age or older (except Alabama and Nebraska, where you must be 19 years of age or older).
Supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers. Croux and the mobile carriers are not liable for delayed or undelivered messages.
By using the Platform, you represent and warrant that:
Users may obtain direct access via the Platform to certain confidential information of Croux and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing, algorithms, code, and other valuable information that should reasonably be understood as confidential (“Confidential Information”). Users must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with Croux and its affiliates.
The Terms of Service impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Croux, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms of Service; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms of Service and as disclosed after prior notice to Croux adequate to afford Croux the opportunity to object to the disclosure.
You will own all user data associated with your use of the Platform and by utilizing the Platform grant Croux a perpetual, irrevocable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display this data for the following purposes: (a) providing and improving the services on the Platform; (b) internal usage, including but not limited to, data analytics so long as such data is anonymous and aggregated with other customer data; (c) complying with applicable legal requirements and assisting law enforcement agencies; and any other purpose that is consistent with the Terms of Service.
It is Croux’s policy to respond to claims of intellectual property infringement. Croux will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. As required by the DMCA, notifications of claimed copyright infringement should be sent to Croux’s designated agent (the “Designated Agent”). Below is the information for Designated Agent for the Platform:
Gatehouse Law, LLC
3108 Blue Lake Drive, Suite 200
Birmingham, Alabama 35243
Phone: 205.208.9595
Email: dmca@gatehouse.law
Any written communication under this section should include the following:
Croux may make changes to any products or services offered on the Platform, or to the applicable prices for any such products or services, at any time, without notice. The information on the Platform regarding products and services may be out of date, and Croux is not obligated to update such information on the Platform.
Croux may, at times, use fact scenarios based in part on true events. The fact scenarios, however, are used for illustrative purposes and are not meant to depict any real person or event.
Croux makes no claim that the platform or any content, service or feature of the platform will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the platform or services offered through the platform will provide specific results. The platform and its content are delivered on an “as-is” and “as-available” basis. All information provided on the platform is subject to change without notice. Croux cannot ensure that any files or other data you download from the platform will be free of viruses or contamination or destructive features. Croux disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Croux disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the platform and/or any services. You assume total responsibility for your use of the platform and any linked apps to which you may navigate from the platform. Your sole remedy against Croux for dissatisfaction with the platform or any content is to stop using the platform or any such content. This limitation of relief is a part of the bargain between the parties.
You acknowledge that your ability to obtain temporary employment through the use of the services does not establish Croux as an employer or as a provider of temporary employment. Croux is not a referral, matching or placement service. Croux does not provide, refer, place, offer or seek to obtain employment or engagements for any of the users of the services. Croux does not screen or verify the training, education, or experience of any user of the services or any content submitted by a user or anyone other than Croux, including but not limited to, profiles and reviews. Croux has no control over the accuracy, reliability, completeness or timeliness of profiles of our users, reviews, affiliations or other user content submitted on the services and make no representations about any such user content on the services. Business Users should make their own assessments of the persons they decide to interact with, engage, provide services to or receive services from.
Background Screening and Re-Checks. Access to the Platform and continued use of its features may require the successful completion of a background screening conducted by Croux’s third-party provider ("Turn"). To maintain continued access to the Platform, Talent must complete a background check and may be required to complete periodic re-checks (for example, on an annual basis).
If a re-check is required, Croux or Turn will notify you. If you do not complete the required re-check within the stated timeframe, your ability to apply for or accept new shifts may be paused until the requirement is satisfied.
Croux complies with the federal Fair Credit Reporting Act (FCRA) and all applicable state and local laws. All screening decisions consider only information that is job-related and consistent with business necessity. Your Disclosure and Authorization for any screening, including recurring checks, are provided and obtained in a separate, standalone document outside of these Terms.
Adverse Action Process. Before taking adverse action (e.g., deactivation) based in whole or in part on a background check report, Croux or its provider will issue a pre-adverse action notice with a copy of the report and a "Summary of Your Rights," allow at least 5 business days for you to dispute the report's accuracy, and then issue a final adverse action notice if applicable.
Croux is not involved in the transactions between users. Users of the services arrange for the services solely between or among themselves, and Croux is not party to any of those service arrangements. Croux does not have control, does not supervise or provide any training or equipment to users, and Croux has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by users. As set forth below, you agree to release Croux from any claims or liability that may arise from any disputes between you and other users of the services.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of the Platform, whether for breach of contract, tort, negligence or any other cause of action.
Croux reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason; (2) modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; and (3) interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Croux reserves the right to refuse service to anyone and terminate your account at any time.
To the maximum extent permitted by law, Croux’s aggregate liability shall not exceed amounts paid or payable by you to Croux in the six months preceding the claim, excluding willful misconduct.
Each User agrees to indemnify and hold harmless Croux from any claims, damages, or losses arising out of or related to (a) User’s performance or nonperformance of services; (b) breach of these Terms; (c) bodily injury, property damage, or other harm occurring during or resulting from services performed by Talent; and (d) misrepresentation of employment status.
Talent acknowledge that Croux’s occupational accident coverage is limited and not a substitute for workers’ compensation or general liability insurance.
USERS MUST SPECIFICALLY ACKNOWLEDGE THESE PROVISIONS IN THE EVENT TALENT IS REQUESTED TO SERVE ALCOHOL OPERATE A MOTOR VEHICLE
In the event User requires Talent to serve alcohol or operate a motor vehicle as part of the Services, User, at its own expense, will procure and maintain, without interruption during the Term, the following insurance policies:
Insurance and PPE
Talent are responsible for maintaining any insurance required by law for their services. Business Users are responsible for on-site safety, PPE availability, and compliance with workplace safety laws.
Incident Reporting
Incidents or injuries must be reported within 24 hours or as soon as reasonably practicable via an email to support@croux.co.
Additional Insureds
Business User must cause its insurer to issue endorsements to name Croux as additional insureds to the Commercial General Liability, Business Automobile Liability, and Liquor Liability policies described above. Such endorsements must be issued within seven (7) days of engaging Croux for Services. Upon request by Croux, User shall provide evidence of such endorsements within twenty-four (24) hours of any request.
Indemnity
To the fullest extent permitted by law, Business User will indemnify, defend, and hold harmless Croux from and against any and all loss, damage, costs (including, but not limited to, attorneys' fees, expert fees and expenses, and court costs), or liability resulting from any and all demands, claims, suits, costs, fines, penalties, proceedings, or actions of any kind or character ("Claim") presented or brought against Croux caused by, arising out of, or related to any act or omission of Talent; provided, however, if any Claim is determined to have been caused by the sole negligence of Croux, then User will not be liable under this section. User’s indemnity obligation will include, without limitation, court costs, attorneys' fees, costs of investigation, costs of defense, expert fees and expenses, settlements, and judgments associated with any Claims.
As an independent contractor, User acknowledges that shifts and services are performed at Business User worksites that are not owned, operated, or controlled by Croux and may involve inherent risks. User voluntarily assumes all risks associated with providing services at these locations, including but not limited to risks arising from the worksite's physical conditions, equipment (whether provided by you or the Business User), or the conduct of the Business User or its agents.
To the maximum extent permitted by law, Talent agrees to release Croux and its affiliates, officers, directors, and employees from any and all claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising out of or in connection with any injury, illness, death, or property damage occurring at an Business User's worksite, except to the extent caused by Croux's own willful misconduct. Nothing in this section is intended to waive any non-waivable rights or to limit any claims Talent may have directly against an Business User or other responsible third party. Talent’s independent contractor status is not altered by this Section
The Platform is provided “as is” and “as available.” Croux is not responsible for delays or failures due to events beyond its reasonable control.
Croux may disclose any information about you (including your identity) if it determines such disclosure is necessary in connection with any investigation or complaint regarding your use of the Platform, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (intentional or not) Croux’s rights or property, or the rights or property of visitors to or users of the Platform, including Croux’s customers. Some violations may include:
Croux reserves the right at all times to disclose any information it deems necessary to comply with applicable law, regulation, legal process or governmental request. Croux may also disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Croux may preserve any transmittal or communication from you through the Platform or any service offered on or through the Platform, and may also disclose such data if required to do so by law or Croux determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process (2) enforce the Terms of Service (3) respond to claims that any such data violates the rights of others (4) protect the rights, property or personal safety of Croux, its employees, users of or visitors to the Platform, and the public.
You agree that Croux may, in its sole discretion and without notice, terminate your access to the Platform if it determines you have violated these Terms of Service or other agreements or guidelines associated with your use of the Platform. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice that will cause irreparable harm to Croux. Because monetary damages for such a violation would be inadequate, you consent to Croux obtaining any injunctive or equitable relief it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Croux may have at law or in equity.
You agree that Croux may, in its sole discretion and without prior notice, terminate your access to the Platform, for cause, which includes, but is not limited to: (1) requests by law enforcement or other government agencies (2) a request by you (3) discontinuance or material modification of the Platform or any service offered on or through the Platform or (4) unexpected technical issues or problems.
If Croux does take any legal action against you as a result of your violation of the Terms of Service, it will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that Croux will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms of Service.
You agree that all matters relating to your access to or use of the Platform, including all disputes, will be governed by the laws of the United States and by the laws of the state of Alabama without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Jefferson County, Alabama, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
If there is any controversy or dispute between you and Croux arising out of or in connection with your use of the Platform, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then it shall be submitted to legally binding arbitration. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. Any dispute shall be conducted on an individual basis only.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CROUX AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT CLASS OR COLLECTIVE ARBITRATION OR TO CONSOLIDATE CLAIMS OF MULTIPLE INDIVIDUALS.
This provision is intended to be as broad as possible under the law: it shall apply to all claims and causes of action, including all statutory and constitutional claims, contract claims and tort claims. The parties agree that their relationship affects and involves interstate commerce. YOU UNDERSTAND THAT DISPUTES RESOLVED UNDER THIS PROVISION SHALL BE THE SOLE REMEDY FOR ANY CONTROVERSY OR CLAIM ARISING OUT OF THE TERMS OF SERVICE AND EXPRESSLY WAIVE YOUR RIGHT TO A LAWSUIT IN ANY CIVIL COURT EXCEPT TO ENFORCE AN ARBITRATION DECISION.
Either party may seek injunctive relief in court for unauthorized use or disclosure of confidential information or IP rights.
Croux makes no representation that the Platform is accessible, appropriate or legally available for use in locations outside the United States and accessing and using the Platform (including with regard to the provision, collection or processing of data) is prohibited from territories where doing so would be illegal. If you access or use the Platform from other locations, you do so at your own initiative and risk and are solely responsible for compliance with local laws.
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Platform, in violation of any applicable laws or regulations, including, but not limited to, United States export laws and regulations.
Each provision of the Terms of Service shall be considered severable, and if for any reason any provision or provisions herein are determined to be invalid, unenforceable, or illegal under any existing or future law, such invalidity, unenforceability, or illegality shall not impair the operation of or affect those portions of the Terms of Service which are valid, enforceable, and legal.
Croux’s failure to enforce strict performance of the Terms of Service shall not be construed as a waiver by Croux of any provision or any right it has to enforce the Terms of Service, nor shall any course of conduct between Croux and you or any other party be deemed to modify any provision of the Terms of Service. The Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
You acknowledge that Croux does not provide legal, tax, or employment advice, and no communication from Croux should be construed as such. Users should seek independent professional advice as needed.
Any feedback you provide regarding the Platform is not considered confidential. Croux is free to use such information without restriction.
Please report any violation of these Terms of Service to Croux.
The information contained in this Platform is subject to change without notice.