Terms of Use

Last Revision: October 08, 2024

Welcome to SproutGigs! This agreement (“Terms of Use” or “Agreement”) sets out the terms and conditions that govern your relationship with us. The terms “SproutGigs”, “we”, “us”, and “our” refer to the company and the terms “you” and “your” refer to the individual who opens an account or engages in transactions with SproutGigs. This Agreement supersedes all previous agreements between you and SproutGigs.

Please read this Agreement carefully and keep a copy for your records. By using our Services, you agree to be bound by these terms and conditions and to comply with all applicable laws. This Agreement includes an arbitration provision that requires the resolution of disputes through arbitration and waives your right to participate in class or group claims. If you do not agree to the terms of this Agreement, please do not access or use our Site or our Services.

Our Privacy Policy, which can be found at https://sproutgigs.com/privacy.php, also governs your use of our Services. It explains how we collect, use, and share your information. You may only use the account for transactions described in this Agreement. We reserve the right to modify or cancel our Services at any time without notice to you, and to implement fraud monitoring controls that may limit your access to cash or spending limits. Any new features or tools added to our Site will also be subject to these Terms of Use. We may update these Terms of Use from time to time, and it is your responsibility to check this page periodically for changes. Your continued use of our Site following the posting of changes constitutes your acceptance of those changes.

If you are registering for or using the Services on behalf of a group, company, entity, or organization (“Subscribing Organization”), you represent and warrant that you have the authority to bind the organization to these Terms of Use. In such cases, references to “you” in these terms will include you in your individual capacity, as well as the Subscribing Organization and any other individuals who use the Services on the Subscribing Organization’s behalf or with its authority or consent.

GENERAL TERMS

In order to use our Site to make purchases of Services, you must not reside in a US Sanctioned country, and you must be at least 18 years of age (provided that certain Merchants or Third-Party Service Providers may impose greater age restrictions to access their sites or purchase their products or services). You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. We reserve the right to terminate the Services offered at any time and close the Accounts of any Member who has opened multiple Accounts or registered multiple times for Accounts without notice and in our sole discretion. Notwithstanding anything to the contrary in this Agreement, we are under no obligation to provide any services to any applicant or Member and may decline any application to participate in any of our Service offerings at our sole discretion.

SproutGigs does not guarantee that either the client or the freelancer will perform on any hiring contract. SproutGigs does not have the power or authority to determine any eligibility standards for any hiring contract, select or contract any freelancer, determine or control any terms or conditions of the contract or project, or cause any freelancer to accept any contract or perform any services. The parties agree that the client will select the freelancer, that the scope of work will be set exclusively through agreement between the client and freelancer, and any issues with the work and/or its scope will be handled directly between the two parties.

GUIDELINES

As a new member on our platform, we highly recommend that you approach your first 25 tasks as if they were a job interview. Pay close attention to detail, take your time and make sure that each task is completed to the best of your ability with a focus on achieving a 100% satisfaction rating.

RULES

Using SproutGigs services is subject to certain restrictions, as outlined in the site's Terms of Service. The following activities are prohibited:

Unacceptable Content: Users are prohibited from posting any content that is illegal, defamatory, violent, discriminatory, harassing, sexually explicit, related to child exploitation, or infringes on intellectual property rights. Content must also adhere to professional and academic standards.
Misleading or Fraudulent Behavior: Users are prohibited from engaging in any behavior that misrepresents themselves or their qualifications, uses false information, or engages in dishonest practices related to payments.
Unfair Treatment of Others: Users are prohibited from engaging in any behavior that discriminates, incites violence, posts personal information, spams, makes demands for bribes or free work, or violates fair practices.
Feedback System Abuse: Users are prohibited from abusing the feedback system by withholding payment or work for positive feedback, exchanging payment for feedback, threatening negative feedback, sharing unrelated views, or engaging in feedback building practices.
Unauthorized Uses: Users are prohibited from copying, sharing, or selling their account, bypassing SproutGigs systems, and engaging in activities that harm the site's technology or trust.
Unlawful Content: Users are prohibited from uploading, posting, emailing, transmitting, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy. Any content that is hateful or racially, ethnically, or otherwise objectionable is also prohibited.
Harm to Minors: Users are prohibited from causing harm to minors in any manner.
Impersonation: Users are prohibited from impersonating any individual or entity and from falsely stating or misrepresenting any affiliation with an individual or entity.
Infringing Content: Users are prohibited from uploading, posting, emailing, transmitting, or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party.
Unauthorized Offerings: Users are prohibited from uploading, posting, emailing, transmitting, or otherwise offering any content that they do not have the right to offer according to law or any contractual or fiduciary relationship.
Work Product: Users are prohibited from submitting fake or incomplete proofs.
Unsolicited Advertising: Users are prohibited from uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, junk mail, spam, or any other form of solicitation, except in designated areas.
Accounts: Users are prohibited from opening or operating multiple accounts.
Address: Users are prohibited from creating numerous accounts with the same IP address or shared public Wi-Fi; including the use of any VPN or Proxy to mask IP addresses.
Location: Users are prohibited from performing work in jobs that are not based in their own country.
Social Media: Users are prohibited from participating in any social media, online, or offline groups where the purpose is to ask and or discuss how to do tasks by tricks and deception, participate in asking people to report buyers, discuss rating information, and similar activity.
Harmful Software: Users are prohibited from uploading, posting, emailing, transmitting, or otherwise offering any source that contains a software virus or other computer code that interferes with the operation of any computer software, hardware, or telecommunication equipment.
Disruptive Communication: Users are prohibited from disrupting the normal flow of communication or negatively affecting other users' ability to participate in real-time interactions.
Interference with Services: Users are prohibited from interfering with or disrupting SproutGigs’ services, servers, and/or networks that are connected or related to our website, including the use of any device software and/or routine to bypass robot exclusion headers.
Violation of Laws: Users are prohibited from intentionally or unintentionally violating any local, state, federal, national, or international law, including regulations decreed by any governmental agency.
Engaging in any form of "stalking" or harassment towards another individual or entity is strictly prohibited.
Collecting or storing any personal or business data of other members, users, or clients in connection with prohibited conduct is not allowed.
Involvement with websites dedicated to pornography is strictly prohibited and goes against the professional standards set by SproutGigs.
Users are strictly forbidden from creating jobs or engaging in any activity that facilitates the movement of money between accounts under false pretenses or for non-legitimate purposes. This type of activity undermines the integrity of our platform and exposes both SproutGigs and its users to legal and financial risks, including potential money laundering violations and fraud.

CONDUCT

As a registering party on SproutGigs, you agree to provide accurate and current information about yourself and your business during the data registration process. You also agree to regularly update this information to maintain its accuracy and completeness.

Any false, untrue, inaccurate, or incomplete information provided by you will result in suspension or termination of your account, as well as the refusal of any current or future use of SproutGigs’ services.

SproutGigs does not approve of jobs that require freelancers to:

Complete an excessive amount of tasks within a single job
Engage in activities that explicitly encourage clicking on ads/pop ups, refreshing pages, or playing games
Exchange money between payment systems
Disclose personal information (with the exception of Leads)
Provide credit card or bank account details, or engage in any form of payment
Sign up for sites that require membership or activation fees
Participate in free trial offers that may result in involuntary payment after the trial period ends
Transfer funds or engage in activities involving Coinbase, PayPal, AWSurveys, Amazon, MTURK, Yelp, Craigslist, Google Adsense, Piratebay, Google Voice, Alibaba, Google reviews, Uphold, Upstox, Crewdle, or Grammarly, or the purchase of old accounts.
Create fake reviews or testimonials of products or services.

ENFORCEMENT

A breach or violation of any of the Terms of Use will result in an immediate termination of your account and right to use our Services. Our team reserves the right to enforce these terms and to investigate any potential violations. In the event of a breach, we have the right to suspend your account and stop you from using our Services.

If SproutGigs determines that a user has violated any rules or terms contained in the Terms of Use, we reserve the right to ban the user's account. If the user's account is banned, they will forfeit their earnings, resulting in a loss of all earnings accrued in the user’s account.

If you become aware of any violations, please report it to our customer service team or using the designated flag icon. We will take appropriate action and may remove or modify any content that we find to be in violation of our terms.

We cannot guarantee that we will take action against every potential violation, but we reserve the right to take action against any future breaches, regardless of their relation to the initial breach. If we suspect rule-breaking, we may disable or close your account at any time.

If your account is disabled or closed, you will no longer have access to our Services, but your agreement to all the rules laid out in the “Terms of Use” section will remain in place. This includes our rights to use and share your feedback, and our users' and visitors' rights to share your content.

In the event that we follow up on a breach, you agree to assist with our investigation and take reasonable steps to help us resolve the issue.

REPORTS

At SproutGigs, we are committed to providing a safe and secure platform for our users to conduct their business activities. If you become aware of any violations of our Terms of Use, please report it to our customer service team immediately.

Your assistance in reporting these breaches is greatly appreciated and helps us maintain a positive and professional environment for all users. Once a report has been received, our team will follow up on the matter and take the necessary steps to resolve the issue.

If the report is found to be legitimate, you agree to assist us in our investigation by providing any relevant information and taking reasonable steps to help us resolve the issue. By reporting these breaches, you are playing a vital role in helping us maintain the integrity and professionalism of SproutGigs.

LICENSE

We grant you a limited license to access and use our website and services as long as you agree to these terms of use and all other terms and conditions that apply to you. We do our best to ensure our services are safe and working properly, but we cannot guarantee continuous access or that we will not discontinue certain features or the services completely without notice.

We reserve the right to terminate your license at any time if you violate any of our Terms of Use or other parts of our Terms of Service. In the event of termination, we will inform you and you must stop using our services immediately. These actions include but are not limited to the following: the ability to restrict, suspend or terminate your access to all or any part of our Site, change, suspend or discontinue all or any part of our services or Site, refuse, move, or remove any content that is available on all or any part of our Site, deactivate or delete your accounts, and establish general practices and limits concerning the use of our Site. The termination of your account with SproutGigs shall include any and/or all of the following:

the removal of any access to all or part of the Services offered within SproutGigs:
the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
the barring of any further use of all or part of our Services.

You acknowledge that our services do not grant you any rights to use our trademarks, copyrights, patents, or other intellectual property. All of our rights to our intellectual property are reserved and remain with us, even though you are using our services. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.

You are responsible for any content you post on our site, and you agree to indemnify us and compensate us for any legal fees or expenses incurred as a result of a claim against us due to your content. You agree that you are solely responsible for any harm caused by your content, and you will compensate and defend us and our partners, employees, and representatives against any costs or legal or government actions we face as a result of your content. You also agree that you will only post or provide content that you have the right to post, is legal, and does not violate anyone’s rights, including intellectual property rights.

We are not responsible for content posted by other users that you may come across on our site. If you believe someone is using something you have copyrighted, please inform us.

By posting content on our site, you grant us and our affiliates an irrevocable and non-exclusive worldwide license to use, edit, and share your content without paying royalties. If your name, voice, and image appear in your content, we may also use those in our day-to-day business and site promotions. You also grant each user and site visitor the right to access and use your content through the site, as long as they follow both our Terms of Service and the law. We may show ads near your content and information and may include your name or photo in our feature promotions, without compensation to you.

You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.

SproutGigs may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, services, advertising, or any other materials, on or available from such third- party sites or resources. Furthermore, you acknowledge and agree that SproutGigs shall not be responsible or liable, directly, or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

FEES

We charge you certain fees (the "Fees") for your use of our Services. All Fees are set forth in a separate fee schedule available at https://sproutgigs.com/pricing.php (hereinafter the "Fee Schedule"). The Fee Schedule is subject to change at our sole discretion at any time without prior notice to you, except that prior to authorizing any Transaction, you will be advised online of the Fees applicable to such Transaction. In addition to the Fees payable in connection with a Transaction, we may charge you Fees for chargebacks, returned items and other problems or delays we encounter in processing Transactions that you request, due to insufficient funds being available in your Account or other insufficient, incorrect or incomplete information you provide to us. All Fees are due immediately.

By using the website's services, you authorize the website to initiate ACH debits and credits, as well as any other transactions, to and from the bank account or payment method you have provided for payment of fees and charges associated with the website's services. 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 you Profile or by contacting Customer Support.

You agree to promptly update your bank account information or payment method information if it changes, to ensure that the website can initiate transactions without interruption. 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 provided in this Section.

PAYMENT

These provisions outline the process for paying for Gigs on SproutGigs.

Depositing Funds: The client may deposit funds into their "Spendable" wallet through one of the available funding methods including credit card, cryptocurrency, Uphold, or Airtm.
Wallets: SproutGigs maintains three wallets for each client: Spendable, Earned, and Pending. Funds in the "Earned" wallet may be transferred to the "Spendable" wallet, but not vice versa.
Purchasing Gigs: Once the "Spendable" wallet has been funded, the client may use the available funds to purchase Gigs on the SproutGigs website.
Balance Management: SproutGigs manages the balance of payments received in their own database and is solely responsible for ensuring the accuracy of clients' balance information.
No Escrow: There is no escrow system in place for these transactions, and the client is responsible for paying for Gigs directly through their "Spendable" wallet.
Dispute Resolution: In the event of a dispute between the client and a Gig provider, SproutGigs may assist in resolving the issue, but will not be held responsible for any financial loss or damages incurred by either party.
General Guidelines: Clients are encouraged to review the FAQs, including "How to submit proper proofs and get paid fairly?" and "How to submit proper jobs and get your posting live?" for general guidelines regarding working on tasks or posting jobs.

By using the SproutGigs platform and funding their "Spendable" wallet, the client agrees to these payment provisions and the terms of service outlined on the SproutGigs website.

PERSONAL INFORMATION AND PRIVACY

You are required to keep the information associated with your Account accurate and up to date. Continued use of your Account with inaccurate information may be regarded by us as a breach of this Agreement and may result in termination of your Account. You agree that we may require you to provide additional information at any time in order to participate in our Services. From time to time, we may also obtain information from third parties (including but not limited to credit or identity verification information) to ensure you are authorized to use your Funding Source(s), verify that your Funding Source(s) is/are in good standing or otherwise verify your ability to participate in our Services in accordance with these Terms.

We respect the privacy of the personal information our Members provide and take data privacy seriously. We focus on incorporating data protection principles throughout our platform, program, and services that provide effective data privacy measures for us, our workforce, partners, and users. Our teams have carefully analyzed applicable privacy laws and regulations and undertaken the necessary steps for our compliance with their requirements. We provide detailed information about the personal data we collect and how we use it in our agreements, in our help articles, and in our Privacy Policy, which is incorporated by reference into this Agreement and is available here: https://sproutgigs.com/privacy.php.

Depending on where you are located, you may have certain rights with respect to your personal data, which you can learn about in our Privacy Policy and exercise through the data request form or by emailing https://sproutgigs.com/contact.php. Please note that if your data is deleted, then your Account may become deactivated. If your Account is deactivated or you ask to close your Account, you will no longer be able to use the platform.

You may close your Account or request the deletion of all personal information we have about you at any time. If you would like to request to close your Account in our system, you can do so through our platform. You can access, correct, or delete your personal data by making updates to that data through your Account or by submitting a request to us by emailing https://sproutgigs.com/contact.php. Please note that fulfilling a request may be limited if it would reveal personal data about another person, or if you ask us to delete data which we are required by law to keep or have compelling legitimate interests in keeping (such as fraud prevention purposes or record retention requirements under applicable laws). Additionally, we typically will not remove data you posted publicly or shared with others through or on the Service, as neither you nor we can delete all copies of data that have been previously shared with others.

CREATING AN ACCOUNT

By creating an account on SproutGigs, you become a registered member of the Site and are subject to this Agreement. The terms “member,” “membership,” “client,” and “account” all refer to this registration. If you are browsing the Site without creating an account, your use of the Site is still governed by this Agreement. If you do not agree to the terms of this Agreement, please do not use the Site.

To create an account, you will be required to provide your unique user name, client name, email address, and create a password. It is important to keep your account information secure, as any activity under your account will be considered your responsibility. You are not allowed to transfer your account to any other person or entity. In the event of unauthorized access to your account, please notify SproutGigs immediately.

SproutGigs reserves the right to pre-screen, refuse, and delete any content available through its Services. Additionally, SproutGigs reserves the right to remove content that violates the Terms of Service or is considered offensive to other members.

SproutGigs may access, preserve, and disclose member account information in accordance with legal requests, to enforce the Terms of Service, to address claims of violation of third-party rights, for customer service, or to protect the rights, property, and safety of SproutGigs and its members.

SproutGigs utilizes security components to protect digital information, and these components are subject to usage guidelines established by SproutGigs or its content providers. You are prohibited from attempting to override or bypass these security measures. Unauthorized reproduction, publication, distribution, or exhibition of any information obtained through SproutGigs is strictly prohibited.

As a global network, SproutGigs requires members to comply with local laws regarding online conduct and acceptable content. SproutGigs is based in the State of Delaware in the United States and does not claim that the Site is accessible or appropriate outside the United States. If you access the Site from outside the United States, you are responsible for complying with local laws.

Uploading, posting, and transferring software, technology, and other technical data may be subject to export and import laws in the United States and other countries. By using SproutGigs, you agree to comply with all applicable laws and regulations, including sanctions control programs in the United States. Additionally, you represent and guarantee that you:

Are not listed on any government export exclusion report or a member of a government in an export-prohibited country;
Will not transfer software, technology, or technical data to an export-prohibited country;
Will not use SproutGigs for any military, nuclear, missile, chemical, or biological weaponry end-uses; and
Will not post, transfer, or upload software, technology, or technical data that violates U.S. or other export/import laws.

As a member, you acknowledge that SproutGigs may immediately suspend, terminate, discontinue, or limit your account, associated email, and access to its Services without prior notice. This may be due to a violation of the Terms of Service, request from law enforcement, discontinuation of Services, technical issues, inactivity, fraudulent or illegal activities, or nonpayment of fees.

REFUND POLICY

You acknowledge that SproutGigs is not a bank, money service business (MSB), money storage system or a demand deposit institution. Purchases are credited as deposits for the purpose of spending on freelance work. You may request a refund of the unspent principal amount of your transaction (less applicable transaction fees) within thirty (30) days of the date that we receive all necessary information and payment for funds and services. To request a refund, you may contact us here: https://sproutgigs.com/contact.php.

At this time, no refunds are possible via cryptocurrency or Alipay due to the inherent nature of these payment methods, which may involve decentralized and irreversible transactions, making it impractical for us to initiate or guarantee refunds through these platforms. Furthermore, regulatory and legal considerations, such as compliance with anti-money laundering (AML) laws and international financial regulations, impose additional constraints on the use of certain payment methods, which further limits our ability to offer refunds through these channels.

Please note that refunds may also be denied based on applicable laws, such as fraud prevention measures, sanctions regulations, or any legal restrictions in your jurisdiction that prevent refunds from being issued. Additionally, refund requests related to accounts or transactions found to be in violation of our terms and conditions, including but not limited to abusive or fraudulent activity, misuse of the platform, or breach of contract, will be subject to refusal.

We reserve the right to withhold refunds in cases where processing the refund would expose SproutGigs to legal, regulatory, or financial liability.

FREEZING OF FUNDS

SproutGigs reserves the right to freeze funds in your account under the following circumstances:

Suspicious Activity: If we detect any activity that suggests a violation of our Terms of Service, or that may involve fraud, money laundering, or other illegal conduct, we may suspend access to funds while we investigate.
Compliance with Legal and Regulatory Requirements: We may freeze funds to comply with local, state, federal, or international laws, regulations, court orders, or governmental requests. This includes, but is not limited to, compliance with anti-money laundering (AML) laws, sanctions programs, tax reporting obligations, or other legal requirements that apply to our services and operations.
Breach of Agreement: Any serious breach of our policies, including unauthorized use of accounts, the creation of multiple accounts to abuse promotions, or engagement in prohibited services, may result in the freezing of your account and any associated funds.

Funds may remain frozen pending the outcome of an internal or external investigation. During this time, SproutGigs will cooperate with law enforcement, regulators, or other authorities as required. You will be notified in the event your funds are frozen, and you may be asked to provide further information or documentation to resolve the matter.

Frozen funds will only be released or refunded after a full review, and any actions taken will be at SproutGigs’ sole discretion. In cases where illegal activity is confirmed, funds may be forfeited or transferred to relevant authorities, in accordance with applicable laws.

LIABILITY TO YOU

We shall be entitled to refund you in case of any unauthorized or incorrect transaction from your account and, if applicable, restore your account to its original state. However, there are certain exceptions to our liability, including but not limited to:

Losses or damages resulting from failure to complete a transaction (other than as provided in this agreement)
Losses or damages resulting from delay in completing a transaction
If you do not have sufficient funds in your bank or third-party wallet account to make a transaction
If the terminal or system was not working properly and you were aware of the malfunction when starting the transaction
Losses or damages arising from your misuse or inability to use our website (including failure to secure your account information)
If we are prohibited by law from completing the transaction or for losses or damages caused due to our compliance with applicable law or order
Losses or damages caused by circumstances beyond our control (such as failure or interruption of telecommunications or data transmission systems) despite reasonable precautions taken.

DISCLAIMERS OF LIABILITY

We shall not be liable for damages due to delay or non-delivery of a product or service, and the sole remedy available to you shall be a refund of the payment amount and associated fees. We and our agents, service providers, and subcontractors do not make any express representations or warranties regarding the services provided, except as set forth in this agreement, and all implied and statutory representations and warranties, including fitness for a particular purpose, merchantability, and non-infringement, are hereby expressly disclaimed by us to the fullest extent permitted by law.

We, our affiliates, holding companies, subsidiaries, employees, officers, directors, agents, service providers, or subcontractors shall not be liable to you or any third party for any indirect, special, consequential, punitive, exemplary or incidental damages, whether based on negligence, intentional misconduct, tort, contract, or any other theory of law, or for any damages for loss of data, loss of income, failure to realize expected revenues or savings, loss of profits, or any economic or pecuniary loss.

We further disclaim any liability for any goods or services bought or sold by you that are settled through our services.

DISPUTES WITH THIRD PARTIES

You acknowledge and agree that any dispute between you and a third party regarding any services provided by SproutGigs shall be solely between you and such third party, and SproutGigs shall not be a party to any resulting dispute. You shall defend, indemnify, and hold harmless SproutGigs and its affiliates, agents, and service providers against any claim by any third party relating to your purchase of services from such third party through the use of the site.

INDEMNIFICATION BY SPROUTGIGS

SproutGigs will defend and hold Client harmless against Claims, up to a maximum of $20,000 per Freelancer engaged under an Any Hire Contract, to the extent caused by:

Misclassification of a Freelancer under relevant laws
Failure of SproutGigs to make payments to a Freelancer
SproutGigs' violation of any laws related to workplace safety or conduct, including discrimination and harassment laws

INDEMNIFICATION BY CLIENT

Client must defend and hold SproutGigs harmless against Claims to the extent arising from:

Violation of any laws, including discrimination and harassment laws
Misuse of the Site
Client-posted content
Failure to comply with wage and hour laws or regulations
Direction, participation or involvement with the Freelancer or Freelancer Services
Breach of Client's obligations

INDEMNIFICATION REQUIREMENTS

The Indemnifying Party must be given prompt notice and full information to defend against a Claim. The Indemnified Party can participate in the defense through their own counsel, at their own cost.

INDEMNIFICATION FOR FREELANCER

Freelancer shall have no right to indemnity or remedy against SproutGigs.

ERRORS, COMPLAINTS AND UNAUTHORIZED TRANSACTIONS

How to notify us regarding errors and unauthorized Transactions: You should contact us immediately if you believe that (i) there has been an error in one or more of your Transactions, (ii) your login email or password has been compromised or (iii) someone has made (or will make) an unauthorized transfer of funds using your Account. You may be held liable for an unauthorized transfer depending on when you notify us of such unauthorized transfer. If you do not notify us of an unauthorized transfer within sixty (60) days after we make available to you a statement on which the unauthorized transfer first appears, you may be held completely liable for the unauthorized transfer.

How we resolve errors and unauthorized transactions: We will advise you of the results of our investigation within ten (10) business days after you have provided us with the notification described above. However, if we need more time, we may take up to forty-five (45) days to investigate your inquiry. If we ask you to put your complaint or question in writing and we do not receive your response within ten (10) business days, we shall have the right to not credit your Account.

For errors involving new Accounts or point-of-sale transactions (if applicable), we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

Within three (3) business days after our investigation has concluded, we will advise you of the results of our investigation. If we determine that there was no error or unauthorized transaction, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

TERMINATION

At any time and without prior notice, we may revoke or cancel your account and thereby terminate this Agreement. You may terminate this Agreement at any time by contacting customer support at SproutGigs by contacting us here: https://sproutgigs.com/contact.php. Termination, whether by you or by us, shall not affect any prior obligations relating to your Account existing at the time of termination. Upon termination, you may request to have any remaining deposited funds refunded back to the original source of funds.

COMPLAINT POLICY

In order to file a complaint, you must have created a previous support ticket. When you create a ticket, you will get a case number that you have to inform when filing a complaint. You can create a support ticket either through our internal support message ticket system, or through our external ZenDesk support ticket system.

With the support case number ready, you can file a complaint contacting us here: https://sproutgigs.com/complaint.php

Once a complaint is received our support team will determine the proper person to handle it.

Complaints received in writing are handled within 3-5 business days and our support team will attempt to resolve the matter within 10 business days. If a complaint cannot be easily resolved, it will be escalated to management.

Please know that all complaints are reviewed and handled with care. If a concern is reported anonymously, it will be reviewed to the extent possible. However, anonymous complaints may affect the company’s ability to investigate and respond effectively.

Stage One

The complaint will be formally acknowledged within 48 hours and will be logged in to our complaint message ticket system. An acknowledgment will confirm who is dealing with the complaint and when the complainant can expect a reply. A copy of this Complaints Policy will be linked directly to our complaint message ticket system.

If a complaint is not resolved by the person responsible for the issue being complained about, an appropriate person head shift administrator will investigate and take appropriate action within 10 business days. We may ask the member of staff who dealt with the complainant to reply to the complaint. You may be asked to follow up via email with the complainant to discuss and hopefully resolve the complaint. This will be done within 10 business days of the end of our investigation. Within 2 days of that meeting, we will notify the complainant in writing of the action taken and any solutions agreed. If they do not want to follow up or it is not possible, we will send a detailed reply to the complaint. This will include suggestions for resolving the matter. This will be done within 10 days of completing our investigation.

Stage Two

If the complainant feels that the problem has not been satisfactorily resolved at Stage One, they can request an Escalation. The request for Escalation will be acknowledged within 48 hours of receiving it. The acknowledgment will confirm who will deal with the case and when the complainant can expect a reply.

Senior management will investigate the case and decide if it needs to involve reviewing the case and speaking with the person who dealt with the complaint at Stage One. The person who dealt with the original complaint at Stage One will be kept informed of the process and outcome.

If the complaint relates to a specific person, they will be informed and given a further opportunity to respond. Meanwhile, SproutGigs support, will inform the complainant of the action taken to investigate the complaint, the conclusions from the investigation, and any actions taken as a result of the complaint. The decision taken at this stage is final.

If the complainant is still not satisfied with the outcome of the complaint, they can request to be contacted our Compliance Manager Nermin T. for Escalation.

Final Stage

We will send a full response within 10 working days of receiving your complaint. If we need to contact you for further clarification, or for your consent, the 10 working days will start from the date we get the information we need. If we are not able to meet this deadline, we will tell you and let you know when we are likely to be able to respond to your complaint.

Documenting the Complaint

SproutGigs keeps a record of any complaints received including what preventative measures to take to avoid the issue occurring again. Complaints are recorded and saved in the complaint message ticket system. Information recorded in the complaint message ticket system includes a description of the complaint, who handled it, the action taken to resolve the complaint, the timeframe, and a description of the resolution.

BREACH OF THE AGREEMENT

If you conduct or attempt to conduct any Transaction in violation of this Agreement, we reserve the right to reverse the Transaction, revoke or suspend your participation in the Services, and report the Transaction to the relevant law enforcement agency. We also reserve the right to recover damages to the maximum extent permitted by applicable law and to charge an administrative fee commensurate to the costs we have incurred in connection with your illicit activity.

ASSIGNMENT

You may not transfer or assign this Agreement to any other person without our prior written consent, which consent may be withheld in our sole and absolute discretion. We may assign our obligations to you under this Agreement without your consent or any prior notice.

AGENTS AND SERVICE PROVIDERS

We may employ agents or service providers to perform services for us in connection with this Agreement. For example, we have retained Paysafe to perform certain functions for us. All such services are performed at our direction and subject to our supervision and control.

AMENDMENT

We may revise this Agreement from time to time by updating this page. You are responsible for periodically visiting this page to check for any changes. In the event of a material change, we will provide notice of the change on our website with a minimum of twenty-one (21) days' advance notice before the change takes effect. This notice will be given to ensure you are aware of any increase in your obligations, reduction of services offered by the Bank, or stricter limitations on transactions or withdrawal rights.

DIGITAL MILLENNIUM COPYRIGHT ACT

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Site infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).

Our Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Designated Agent for Claimed Infringement: USCA

Contact:

ADDRESS:

SproutGigs
c/o USCA
651 N. Broad St.
Ste. 201
Middletown, DE 19709

For clarity, only DMCA notices should go to our Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to our general info or customer service contacts. Please note that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and any removal requests may not be acted upon. Please also note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

GOVERNING LAW, ARBITRATION OF DISPUTES, AND WAIVER OF CLASS ACTIONS This Agreement, including any claim or dispute arising from or related to the Services (collectively, a "Dispute"), shall be governed by the laws of the United States and the state of Delaware, without regard to conflict of law principles.

You agree that any claim or action arising from or related to the Services or this Agreement must be filed within one year after the claim or cause of action arose, or it will be forever barred. To initiate a Dispute, please contact SproutGigs Customer Service at https://sproutgigs.com/contact.php and clearly indicate that you are making a claim. SproutGigs will acknowledge receipt of the claim within 48 hours.

If the Dispute cannot be resolved through the above process, it will be resolved through binding individual arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The arbitration will take place in Florida, unless you elect to conduct proceedings electronically. Each party will bear their own attorneys', experts' and witness fees, and the arbitration proceedings may not be consolidated with other claims. Neither party will have the right to participate as a member of any class of claimants in the arbitration or to assert or participate in any group, class, representative or consolidated claim. Third parties' claims may not be joined in the arbitration between the parties. This section is governed by the Federal Arbitration Act (9 U.S.C. 1-16). Both parties waive their rights to a court or jury trial to resolve any claims, except as necessary to enforce this provision or any arbitration award.

The following exceptions apply: (i) either party may seek resolution in small claims court if it qualifies, and (ii) either party may seek injunctive or other equitable relief from a court to prevent the infringement or misappropriation of their intellectual property rights.

YOU AND SPROUTGIGS AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate another person's claims with your claims and may not preside over any form of representative or class proceeding.

If SproutGigs changes the terms of this "Governing Law, Arbitration of Disputes, and Waiver of Class Actions" section after the date you last accepted these terms, you may reject the change by contacting SproutGigs within 30 days of the change becoming effective. By rejecting the change, you agree to arbitrate any Dispute between you and SproutGigs in accordance with the "Dispute Resolution" section as of the date you last accepted these terms.

For legal entities, the provisions of this "Dispute Resolution" section apply to any Disputes.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected.

FRAUD WARNINGS

ALABAMA FRAUD WARNING

Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution fines or confinement in prison, or any combination thereof.

ARKANSAS, LOUISIANA, RHODE ISLAND AND WEST VIRGINIA FRAUD WARNINGS

Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

CALIFORNIA FRAUD WARNING

For your protection, California law requires the following to appear on this form: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.

COLORADO FRAUD WARNING

It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.

DISTRICT OF COLUMBIA FRAUD WARNING

WARNING: It is a crime to provide false or misleading information to ah insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits, if false information materially related to a claim was provided by the applicant.

FLORIDA FRAUD WARNING

Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete or misleading information is guilty of a felony of the third degree.

KANSAS FRAUD WARNING

Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act.

KENTUCKY FRAUD WARNING

Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.

MAINE FRAUD WARNING

It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.

MARYLAND FRAUD WARNING

Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

MINNESOTA FRAUD WARNING

A person who submits an application or files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.

NEW JERSEY FRAUD WARNING

Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.

NEW MEXICO FRAUD WARNING

NEW YORK FRAUD WARNING

Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.

OHIO FRAUD WARNING

Any person who, with intent to defraud or knowing that he/she is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.

OKLAHOMA FRAUD WARNING

WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.

OREGON FRAUD WARNING

Any person who knowingly and with intent to defraud any insurance company or another person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, may be committing a fraudulent insurance act, which may be a crime and may subject the person to criminal and civil penalties.

PENNSYLVANIA FRAUD WARNING

Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the· purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.

VERMONT FRAUD WARNING

Any person who knowingly presents a false statement in an application for insurance may be guilty of a criminal offense and subject to penalties under state law.

TENNESSEE, VIRGINIA AND WASHINGTON FRAUD WARNING

It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

FRAUD WARNING FOR ALL OTHER LOCATIONS

Any person who knowingly and with intent to defraud any insurance company or another person, files an application for insurance or statement of claim containing any materially false information, or conceals information for the purpose of misleading, commits a fraudulent insurance act, which is a crime and may subject such person to criminal and civil penalties.

CONTACT INFORMATION.

If you have questions about these Terms of Use or the Services, please contact us at https://sproutgigs.com/contact.php

ADDRESS:

SproutGigs
c/o USCA
651 N. Broad St.
Ste. 201
Middletown, DE 19709