Terms of Use

Last updated: June 2, 2021

Definitions

Service: A daily activity where some individuals require the assistance of others
Service Provider: An individual that provides one or more Services
Paid Provider: A Service Provider that provides Services in exchange for a fee
Volunteer Provider: A Service Provider that provides Services with no expectation of remuneration
Consumer: An individual who requests Services from a Service Provider
Organization: A corporation, including businesses or nonprofits, with which Service Providers and Consumers may be affiliated
Organization Admin: An individual managing and tracking activities of Service Providers and Consumers affiliated with an organization
User: A Consumer, Service Provider or Organization Admin
Consumer App: A mobile application used by Consumers to request and communicate regarding Services
Provider App: A mobile application used by Service Providers to respond and communicate regarding Services
Enterprise App a web application used by Organizations to set up community events and track activity of Users
Subscription: the annual entitlement for organizations that manage their Users through Generations Cubed

Terms of Service Highlights

You must be at least the legally required age in the jurisdiction in which you reside (18 years old for U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the Generations Cubed Platform
Your acknowledgment and agreement that Generations Cubed does not supervise, scope, direct, control, or monitor a Service Provider’s work (Section 1).
Your acknowledgement and agreement that Consumers are solely responsible for determining if the Service Provider they hire is qualified to perform the Service (Section 1).
Your acknowledgement and agreement that Service Providers are not employees or independent contractors of Generations Cubed (Section 1).
Your agreement that Generations Cubed provides no warranty and has no liability regarding User action on the Generations Cubed Platform or the performance of Services (Section 10).
Your agreement to hold harmless and indemnify Generations Cubed from claims due to your use of or inability to use the Generations Cubed Platform or content submitted from your account to the Generations Cubed Platform (Section 11).
Your agreement to arbitrate disputes with Generations Cubed on an individual basis to the fullest extent permitted by applicable law (Section 17).

1. The Generations Cubed Platform Connects Organizations, Service Providers and Consumers

The Generations Cubed Platform consists of the “Enterprise App” and mobile applications that enable connections between Organizations, Consumers and Providers. “Consumers” are either Senior Citizens, or caregivers acting on their behalf, seeking occasional assistance ( “Services” ) from Service Providers. “Service Providers” are individuals performing Services for Consumers, either for a fee (a “Paid Provider”) or as a volunteer (a “Volunteer Provider”). Organizations are businesses or nonprofits with whom Consumers and Service Providers may be affiliated. Organization Admins manage and track activity of Consumers and Services Providers, as applicable. Organization Admins, Consumers and Service Providers together are referred to as “Users.”

PAID PROVIDERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF GENERATIONS CUBED. GENERATIONS CUBED DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. USERS HEREBY ACKNOWLEDGE THAT GENERATIONS CUBED DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A SERVICE PROVIDER’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

Any reviews and ratings feedback (“feedback”) on a User within the Generations Cubed Platform is not an endorsement, certification or guarantee by Generations Cubed of User’s skills, competence, integrity or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such feedback is intended to be useful information for Users to evaluate when they make their own decisions about the identity and suitability of those they select, interact, or contract with via the Generations Cubed Platform.

Generations Cubed makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or Services provided by, or the communications of or between, Users identified through the Generations Cubed Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

2. Background Checks and User Representations and Warranties

Background Checks

Organization Admins may verify Users affiliated with their organization through the Enterprise App. Such verification cannot confirm that any User is who they claim to be and cannot and does not assume responsibility for accuracy or reliability of User information.

Generations Cubed does not perform identity verification and criminal background checks and cannot confirm that any User is who they claim to be, and cannot and does not assume any responsibility for the accuracy or reliability of User information.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you do not know. Generations Cubed will not be liable for any false or misleading statements made by Users of the Generations Cubed Platform.

NEITHER GENERATIONS CUBED, NOR PARTNER ORGANIZATIONS OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE GENERATIONS CUBED PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE GENERATIONS CUBED AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GENERATIONS CUBED PLATFORM.

User Representations and Warranties

All Users represent and warrant that:

You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;
You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
You have read, understand, and agree to be bound by these Terms of Service, and the Privacy Policy;
You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or Generations Cubed in connection with the Generations Cubed Platform without the prior written consent of Generations Cubed and/or the relevant User, as applicable;
You will fulfill the commitments you make to other Users, communicate clearly and promptly through the platform communications features, be present and/or available at the time you agree upon with your Service Provider or Consumer as the case may be, and only utilize the third party payment service provider used by Generations Cubed to make or receive payment for services provided through the Generations Cubed Platform;
You will act professionally and responsibly in your interactions with other Users;
You will use your real name or business name on your profile;
When using or accessing the Generations Cubed Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
You will not use the Generations Cubed Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
If you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

3. Volunteer Providers: Representations and Warranties

Where approved in advance by the Consumer, a Volunteer Provider may add one or more High School students in their care to a Service request. For safety reasons, such High School students should be registered through the Generations Cubed Platform. The Volunteer Provider assumes full and sole responsibility for the acts and omissions of such High School students.

Volunteer Providers can also add a nonprofit, charitable organization to their profile and to the profiles of each High School student in their care. If Consumers choose to donate cash in return for Services, Generations Cubed will contribute these funds to the nonprofit organization associated with Volunteer Provider’s profile after deducting a Generations Cubed network fee. Volunteer Providers are responsible for ensuring the accuracy of payment instructions associated with nonprofit organizations. Volunteer Providers can also download a report of their time contributions as providers of Services from the Generations Cubed Provider App.

4. Consumers: Representations and Warranties

Generations Cubed Consumers are expected to be Senior Citizens, as defined in age-based classifications in jurisdictions where we operate, or another individual caring for and acting on their behalf. Both Senior Citizens and their caregiver individuals are expected to register in the Generations Cubed Platform. Either type of Consumer can request Services and Service Providers can follow directions from both. If you are accessing and using the Generations Cubed Platform on behalf of a Senior Citizen, you represent that you have the authority to act on their behalf and to bind that person and yourself to all provisions of the Terms of Service.

5. Organization Admins: Representations and Warranties

Organization Admins are expected to make best efforts to verify Users claiming to be associated with their organization in a timely fashion. Such verification cannot confirm that any User is who they claim to be and cannot and does not assume responsibility for accuracy or reliability of User information.

Organization Admins agree to pay subscription fees as finalized with Generations Cubed.

6. Paid Providers: Representations, Warranties and Service Agreement With Consumers

Paid Provider Representations and Warranties

In addition to Section 2, Paid Providers additionally represent and warrant that:

When using the Generations Cubed Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
You are customarily engaged in an independently established business of the same nature as the services performed for Consumers through the Generations Cubed Platform, and maintain an independent Consumerele;
You have the unrestricted right to work in the jurisdiction in which you will be performing Services;
If the Service is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license, permit, or business tax registration;
You have any and all insurance required to operate your business and provide your services;
You will use your real name or business name and an up-to-date photo on your profile;
You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Services(s) as agreed upon with your Consumer; and providing timely, high-quality services to your Consumers;
You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.

Paid Provider Contracts with Consumers

You acknowledge and agree that a legally binding contract with another User (the “Service Agreement” ) is formed when you and that User agree on the terms of a Service. The terms of the Service Agreement include the terms set forth in this Section 5, the engagement terms proposed and accepted on the Generations Cubed Platform, and any other contractual terms accepted by both the Paid Provider and their Consumer to the extent such terms do not conflict with the terms in this Agreement, including this Section 5, and do not expand Generations Cubed’s obligations or restrict Generations Cubed’s rights under this Agreement. Generations Cubed is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Generations Cubed and the Paid Provider, nor will it create an employment relationship between the Consumer and the Paid Provider. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Generations Cubed.

The Consumer shall pay their Paid Providers in full for all services via the payment features of the Generations Cubed Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Service.

Payment for Paid Providers

Consumer, and not Generations Cubed, is responsible for payment for all Services through the Generations Cubed Platform. Such payment must be made via Generations Cubed’s payment features. Generations Cubed is not obligated to compensate Service Provider for Consumer’s failure to pay for services.

Consumers on the Generations Cubed Platform will be required to provide their payment method details to the third-party payment gateway used by Generations Cubed. Paid Providers are responsible for accurately invoicing their Consumers within 24 hours of the work being performed. Consumers will be responsible for paying the (a) cost of the Service as agreed with the Paid Provider (b) any out of pocket expenses agreed upon by the parties and submitted by the Paid Provider in connection with the service (c) the service charge Generations Cubed assesses to the Consumer for access to and information regarding Paid Providers, or (d) cancellation charges, if applicable.

Paid Providers or their Organizations will be required to set up an account with the third party payment gateway used by Generations Cubed.

Users of the Generations Cubed Platform may be liable for any taxes required to be collected and/or paid on the Services and/or fees provided under the Agreement.

7. Acceptable Use of Feedback and Communications

The Generations Cubed Platform may contain feedback in the form of reviews and ratings and has features that allow Users to communicate with other Users. You may only use communication features to send and receive messages and materials that are relevant and proper to the purpose of Service requests. You understand that all feedback submissions are public and that you will be publicly identified by your name or login identification when communicating through the Generations Cubed Platform . Generations Cubed will not be responsible for the action of any Users with respect to any information or materials posted in feedback.

While using the Generations Cubed Platform, you may not:

Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Generations Cubed staff;
Publish, post, upload, distribute or disseminate any profane, offensive, defamatory, infringing, obscene or unlawful language, material or information, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
Upload files that contain software or other material that violates the intellectual property rights, copyright, trademarks or, rights of privacy of any User, third party, or Generations Cubed;
Upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Generations Cubed or its Users’ devices;
Advertise or offer to sell any goods or services for any commercial purpose through the Generations Cubed Platform which are not relevant to Services;

Use the Generations Cubed Platform for any unauthorized or illegal purpose;
Post the same Service request repeatedly (“spamming”);
Imply or state that any statements you make (whether on or off the Generations Cubed Platform) are endorsed by Generations Cubed, without the prior written consent of Generations Cubed;
Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Generations Cubed Platform, or the electronic addresses or personal information of others, in any manner;
Frame or utilize framing techniques to enclose the Generations Cubed Platform or any portion thereof;
Hack or interfere with the Generations Cubed Platform, its servers or any connected networks;
Adapt, alter, license, sublicense or translate the Generations Cubed Platform for your own personal or commercial use;
Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Generations Cubed and Affiliates;
Collect usernames, email addresses, or other personal information of Users by electronic or other means;
Use the Generations Cubed Platform in violation of this Agreement;
Attempt to circumvent the payments system or service charge in any way including, but not limited to, making or processing payments outside of the Generations Cubed Platform, providing inaccurate or fraudulent information on payment requests;
Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
Cause any third party to engage in the restricted activities above; or
Use tools with the goal of masking your IP address (like the TOR network).

To the extent permitted by law, you hereby grant Generations Cubed a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in your Feedback and Communications you provide to Generations Cubed in exchange for use of the Generations Cubed Platform, in any media now known or not currently known in order to market, operate, and improve upon the Generations Cubed Platform, including but not limited to the right to the following:

8. Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Generations Cubed Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Generations Cubed’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

9. Deactivation and Suspension

Generations Cubed may suspend your right to use the Generations Cubed Platform pending its investigation of a potential breach by you of this Agreement. Generations Cubed may deactivate your account or limit your use of the Generations Cubed Platform upon its determination that you breached a provision of this Agreement (a “User Breach” ). Generations Cubed will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety . If you wish to appeal this determination, please contact support@generationscubed.com within 14 days of receipt of such notice with the grounds for your appeal .

If Generations Cubed suspends or deactivates your account or limits your use of the Generations Cubed Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the Generations Cubed Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Generations Cubed reserves the right to take appropriate legal action pursuant to the Agreement.

Generations Cubed reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Generations Cubed Platform at its sole discretion. Generations Cubed will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Generations Cubed shall not be liable to you for any modification or discontinuance of all or any portion of the Generations Cubed Platform. Generations Cubed has the right to restrict anyone from completing registration as a Service Provider if such person may threaten the safety and integrity of the Generations Cubed Platform, or if such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Generations Cubed Platform and deactivating your account.

10. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Generations Cubed designs, trademarks, and logos (collectively “Proprietary Material” ) that Users see or read through the Generations Cubed Platform is owned by Generations Cubed, excluding Feedback content, which Users hereby grant Generations Cubed a license to use as called out in Section 6. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Generations Cubed Platform without Generations Cubed’s express prior written consent.

11. Disclaimer of Warranties

A.Use Of The Generations Cubed Platform Is Entirely At Your Own Risk

THE TECHNOLOGY OF THE GENERATIONS CUBED PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. GENERATIONS CUBED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE GENERATIONS CUBED PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GENERATIONS CUBED PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

Generations Cubed does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Generations Cubed Platform or any hyperlinked website or featured in any banner or other advertising, and Generations Cubed will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Generations Cubed and Affiliates do not warrant that access to the Generations Cubed Platform will be uninterrupted or that the Generations Cubed Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Generations Cubed Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Service, information or materials provided through or in connection with the use of the Generations Cubed Platform. Generations Cubed and Affiliates are not responsible for the conduct, whether online or offline, of any User. Generations Cubed and Affiliates do not warrant that the Generations Cubed Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Generations Cubed and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.

Notwithstanding any feature or service that a Consumer may use to expedite Service Provider selection, each Consumer is responsible for selecting or otherwise approving their Service Provider and Generations Cubed does not warrant any goods or services purchased by a Consumer. Generations Cubed does not provide any warranties or guarantees regarding any Service Provider’s ability, professional accreditation, registration or licensure.

B.No Liability

You acknowledge and agree that Generations Cubed is only willing to provide the Generations Cubed Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Generations Cubed and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities” ) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Generations Cubed Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Generations Cubed and Affiliates.

UNDER NO CIRCUMSTANCES WILL GENERATIONS CUBED AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE GENERATIONS CUBED AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY GENERATIONS CUBED, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE GENERATIONS CUBED PLATFORM OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

GENERATIONS CUBED AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PLATFORM. GENERATIONS CUBED AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE GENERATIONS CUBED PLATFORM.

12. Indemnification

You hereby agree to indemnify, defend, and hold harmless Generations Cubed and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Generations Cubed Platform; (ii) your participation in Services, or your ability or inability to perform or obtain the performance of Services or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Generations Cubed Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Generations Cubed reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Generations Cubed.

13. App Store-Sourced Apps

The following applies to any App accessed through or downloaded from the Apple App Store (an "App Store-Sourced Application" ):

You acknowledge and agree that (i) the Agreement is entered into between you and Generations Cubed only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Generations Cubed, not Apple, is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.

In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between Generations Cubed and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Generations Cubed, subject at all times to warranty limitations and exclusions set forth in this Agreement.

You and Generations Cubed acknowledge that, as between Generations Cubed and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Generations Cubed acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party's intellectual property rights, as between Generations Cubed and Apple, Generations Cubed (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.

You and Generations Cubed acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.

14. General Provisions

Failure by Generations Cubed to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Generations Cubed with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Section 17. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in the section applicable to U.S. Residents in Section 17 below, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) Generations Cubed shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace Generations Cubed for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 14 shall be null and void. This Agreement will inure to the benefit of Generations Cubed, its successors and assigns. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Generations Cubed Platform.

15. Changes to this Agreement and the Generations Cubed Platform

Generations Cubed reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Generations Cubed Platform or any content or information through the Generations Cubed Platform at any time, effective with or without prior notice and without any liability to Generations Cubed. Generations Cubed may also impose limits on certain features or restrict your access to part or all of the Generations Cubed Platform without notice or liability.

Generations Cubed will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Generations Cubed Platform. Your continued use of the Generations Cubed Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.

16. Consent to Electronic Signatures

By using the Generations Cubed Platform, you agree to transact electronically through the Generations Cubed Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

17. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Generations Cubed Platform, your relationship with Generations Cubed, Services, or this Agreement (including previous versions), ( “Dispute” ), you and Generations Cubed agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement ( such as mediation or arbitration) or court proceeding.

I. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND GENERATIONS CUBED CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL REQUIRE YOU AND GENERATIONS CUBED TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

(a) Agreement to Binding Arbitration

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND GENERATIONS CUBED MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

This agreement to arbitrate ( “Arbitration Agreement” ) is governed by the Federal Arbitration Act ( “FAA” ) and survives the termination of this Agreement and your relationship with Generations Cubed.

To the fullest extent permitted by applicable law, you and Generations Cubed agree to arbitrate any and all disputes and claims (“collectively, “Claim” or “Claims” ) relating to, arising from or regarding your use of the Generations Cubed Platform, your relationship with Generations Cubed, Services, or this Agreement (including previous versions), including Claims by Generations Cubed and Claims against Generations Cubed.

To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by Generations Cubed; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Generations Cubed and covered by the Employee Retirement Income Security Act or funded by insurance), and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.

If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Generations Cubed agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND GENERATIONS CUBED ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

(b) Prohibition of Class Actions and Non-Individualized Relief

Except as otherwise required under applicable law, you and Generations Cubed agree that any arbitration will be limited to the Claim between Generations Cubed (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND GENERATIONS CUBED ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING ( “Class Action Waiver” ). Further, unless both you and Generations Cubed otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims, which are addressed separately below.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

(c) Representative PAGA Waiver

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, to the fullest extent allowed by law: (1) you and Generations Cubed agree not to bring a representative action on behalf of others under the California Private Attorneys General Act ( “PAGA” ), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and Generations Cubed agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver” ).

(d) Rules and Logistics Governing Arbitration

In order to initiate arbitration, a claim must be filed with the American Arbitration Association ( “AAA” ) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ( “AAA Consumer Rules” ), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and Generations Cubed agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.

As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

II.Telephone Communications and Agreement to be Contacted

(a) Your Consent to Receive Automated Calls/Texts.

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages from Generations Cubed and Affiliates, Service Providers related to your account, registration, onboarding, upcoming or scheduled Services, changes and updates, service outages, follow ups to any push notifications delivered through our mobile application, any transaction with Generations Cubed, and/or your relationship with Generations Cubed . You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Generations Cubed may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time.

(c) Fees and Charges.

There is no fee to receive automated telephone calls or text messages from Generations Cubed, our agents, affiliates, and independent contractors (including Service Providers). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Generations Cubed and its agents, affiliates, and Service Providers are not responsible for such charges.

(d) Unauthorized Use of Your Telephone Device.

You must notify Generations Cubed immediately of any breach of security or unauthorized use of your telephone device. Although Generations Cubed and Affiliates, and Service Providers will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

(e) Your Indemnification to Generations Cubed.

You agree to indemnify Generations Cubed and Affiliates, and independent contractors (including Service Providers) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify Generations Cubed of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold Generations Cubed and Affiliates harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). Generations Cubed shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

(f) General.

You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets.

III.Worker Classification and Withholdings

Generations Cubed does not employ Service Providers. Generations Cubed is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the Generations Cubed Platform. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

IV. Background Checks

If a Service Provider, you agree to promptly disclose to Generations Cubed in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the Generations Cubed Platform.

V . Sales Tax Collection and Remittance

If a Paid Provider, you acknowledge and agree to remit and comply with all applicable tax payment and reporting requirements.

VI. Release

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

Further, in consideration of the services provided by Generations Cubed, you hereby release Generations Cubed from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

Generations Cubed and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

VII.Governing Law

Except as expressly provided otherwise, this Agreement and your use of the Generations Cubed Platform will be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.

Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.

18. Acknowledgement and Consent

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY AND HAPPINESS PLEDGE, AND AGREE THAT MY USE OF THE GENERATIONS CUBED PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.