This Platform Terms of Use ("Agreement") constitutes a legal agreement between Traba, Inc. (the "Company," "Traba," "We," or "Us") and you ("User," "You," or "Your"), and governs Your use of and access to the Application and the technology platform that allows Traba's customers to connect with service providers to obtain staffing and related services for various assignments. As used in this Agreement, "User" means any individual who accesses or uses the Application to perform or be matched for Services, regardless of whether the Services are provided on an independent contractor basis or as an employee of Traba or a Traba affiliate. The nature of Your work relationship (including whether You are an independent contractor or an employee, and the identity of Your engaging entity) is determined solely by the separate written agreement that applies to You (the "Applicable Engagement Agreement"), and nothing in this Agreement creates, modifies, or is intended to evidence an employment, joint-employment, partnership, agency, or independent-contractor relationship between You and Traba. In the event of any conflict between this Agreement and the Applicable Engagement Agreement with respect to classification, wages, hours, benefits, or other terms and conditions of engagement or employment, the Applicable Engagement Agreement controls.

By accessing and using the Application, or by clicking to accept this Agreement when the option is made available to You, You agree to be bound by this Agreement, which includes the Company's Privacy Policy (located online at https://www.traba.work/privacy-policy), and all other policies, rules, guidelines, terms and conditions established for the Services as set forth therein and otherwise referenced in this Agreement (each a "policy" and collectively, "policies"), which are incorporated herein by reference. In the event of a conflict between any term of this Agreement and a term of a Company policy, this Agreement shall control with respect to such conflict.

This Agreement establishes a contractual relationship between You and the Company. If You are accessing and using the Services on behalf of a company (such as Your employer) or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to this Agreement. In that case, "User," "You," and "Your" will refer to that company or other legal entity.

1. Definitions
a. "Application" means the software application used by the Company in connection with the Services.
b. "Account" means the account created for You in connection with the Application upon registration with the Company through the Application. User must maintain an active Account in order to use the Application.
c. "Aggregated Data" means any data that is derived or aggregated in deidentified form from (i) any User Content (defined below); or (ii) User's use of the Application, including, without limitation, any usage data trends with respect to the Application.
d. "Biometric Data" means any data derived from the measurement or analysis of an individual's unique physical, physiological, behavioral, or biological characteristics that can be used, alone or in combination with other data, to identify, verify, or authenticate that individual. Biometric Data includes, without limitation, facial geometry scans, fingerprints, palm prints, hand geometry, iris and retina scans, voiceprints, gait patterns, keystroke dynamics, and any "biometric identifier," "biometric information," "biometric identifier information," or "sensitive personal information" of a biometric nature, in each case as those terms are defined under applicable law including the Illinois Biometric Information Privacy Act (740 ILCS 14), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code § 503.001), the Washington biometric identifiers statute (RCW 19.375), the New York City biometric identifier information law (NYC Admin. Code § 22-1201 et seq.), and the California Consumer Privacy Act and California Privacy Rights Act.
e. "Customer Engagement" means a Customer Request with which a Contractor has accepted and thus agreed to perform Services in accordance therewith.
f. "Customer Request" means a notice provided, through the Application, to one or more Contractors, which includes a description of the Services to be provided by the Contractors, the time by which the Services must be completed and the fees associated with the Services.
g. "Contractor" means a User of the Application, which may include You, who has accepted a Customer Request (thereby becoming a Customer Engagement) and thus agreed to perform Services for a Customer. As used in this Agreement, "Contractor" is a platform role used solely for operational purposes in connection with the Application and is not a determination of any User's legal classification; a User's classification (including whether the User is an independent contractor or an employee) is governed solely by the Applicable Engagement Agreement.
h. "Customer" means an independent third-party business that has contracted with Traba to use the Application in order to obtain Services from Contractors.
i. "Location Data" means precise geolocation information collected through the Application, including GPS coordinates, mobile device location signals, and related metadata regarding a User's geographic position.
j. "Open Request" means a Customer Request that has not yet been accepted by a Contractor. Contractors can use the Application to review Open Requests and to indicate their availability for Open Requests. Once a Contractor has accepted a Customer Request pursuant to Sections 2 and 4 below, the Customer Request will become a Customer Engagement. For clarity, Contractors have no obligation to accept any Open Request.
k. "Services" means the services performed by a User for a Customer in connection with a Customer Engagement.
l. "Automated Decision System" or "ADS" means a computational process, including algorithms and machine learning models, that makes, or substantially assists in making, decisions or providing recommendations that have the potential to impact users in a legal, material, or meaningful way.

2. Traba's Role
Traba offers the Application as a platform that connects Users and Customers, to permit Users (who become Contractors) to be engaged by Customers in order to perform Services for a Customer pursuant to a Customer Request, and to facilitate those dealings. Traba is not responsible for Customer Requests, and is otherwise not responsible for Customer Engagements.

3. Background Checks
As part of User's initial registration with the Company, User agrees to execute a written consent for a background check. Subject to a satisfactory background check and agreement to the terms herein, User will be eligible to use the Application to view and accept Customer Requests. User further agrees to complete any ongoing background checks as may be required by the Company or a Customer. Failure to complete the initial or ongoing background check processes may result in inability to accept Customer Requests and/or removal from the Application.

4. Use of the Application
By registering to use the Application, subject to the terms, conditions, and restrictions of this Agreement, User is granted the right to use the Application solely for the internal, non-commercial purposes of seeking Customer Requests and performing Services in connection therewith, in accordance with this Agreement. User agrees to comply with all applicable laws when using the Application, and User may only use the Application for lawful purposes. User acknowledges and agrees that User is solely responsible for all activity that occurs under the Account.

User may not: (A) post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, forged, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(B) use, display, mirror or frame the Application or any individual element within the Application, Traba's name, any Traba trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Traba's express written consent;
(C) access, tamper with, or use non-public areas of the Application, Traba's computer systems, or the technical delivery systems of Traba's providers;
(D) attempt to probe, scan or test the vulnerability of any Traba system or network or breach any security or authentication measures;
(E) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Traba or any of Traba's providers or any other third party (including another user) to protect the Application;
(F) attempt to access or search the Application or download content from the Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Traba or other generally available third-party web browsers;
(G) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(H) use any meta tags or other hidden text or metadata utilizing a Traba trademark, logo URL or product name without Traba's express written consent;
(I) use the Application, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;
(J) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Application to send altered, deceptive or false source-identifying information;
(K) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Application;
(L) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Application;
(M) collect or store any personally identifiable information from the Application from other users of the Application without their express permission;
(N) impersonate or misrepresent Your affiliation with any person or entity;
(O) violate any applicable law or regulation; or
(P) encourage or enable any other individual to do any of the foregoing.

5. Ownership Rights; Proprietary Information
a. Ownership of Application and Technology. Subject to the limited rights expressly granted hereunder, Traba reserves and, as between the parties will solely own, (A) the Application, the underlying software provided in conjunction with the Application, algorithms, interfaces, technology, databases, tools, know-how, processes and methods used to provide or deliver the Application, any documentation provided in connection with the Application, (B) Aggregated Data, and (C) all improvements, modifications or enhancements to, or derivative works of, the foregoing (A)-(B), regardless of inventorship or authorship, all patent rights (including, without limitation, patent applications and disclosures), inventions, copyrights, trade secrets, know-how, data and database rights, mask work rights, and any other intellectual property rights recognized in any country or jurisdiction in the world in and to any of the foregoing (A)-(B), and all rights, title and interest in and to the foregoing (A)-(B). No rights are granted to User hereunder (whether by implication, estoppel, exhaustion or otherwise) other than as expressly set forth herein.

6. User Content
a. Posting Content. The Application may allow User to store or share content such as text (in posts or communications with others), files, documents, graphics, images, location data, audio and video, including the ratings and review described in Section 7 below. Anything (other than Feedback (as defined in Section 8)) that You post or otherwise make available through the Application is referred to as "User Content". Traba does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that User has in such User Content.
b. Permissions to User Content. By making any User Content available through the Application, User hereby grants to Traba a perpetual, non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform User's User Content in connection with operating and providing the Application.
c. User Responsibility for User Content. User is solely responsible for all its User Content. User represents and warrants that User has (and will have) all rights that are necessary to grant Traba the license rights in such User Content under this Agreement. User represents and warrants that neither its User Content, nor User's use and provision of such User Content to be made available through the Application, nor any use of its User Content by Traba on or through the Application will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

7. Ratings
Upon performance of Services or completion thereof applicable to a Customer Engagement, Customers may submit a rating or review about You. Such rating or review reflects the opinion of the Customer and is not necessarily accurate. You understand and agree that such ratings and reviews are part of Your record on the Application and may negatively impact Your ability to receive Customer Requests in the future. You may not submit fraudulent ratings or reviews of other Users.

8. Feedback
Any suggestion, enhancement request, recommendation, correction, comment or other feedback provided by You regarding the Application ("Feedback") shall be the sole and exclusive property of Traba, and Traba shall be free to use, exploit, modify, and disclose such Feedback for any purpose without any obligation to User. You acknowledge and agree that any Feedback is voluntary and shall not be subject to any confidentiality obligation.

9. DMCA/Copyright Policy
If You have a good faith belief that any content available on or through the Application infringes Your copyright or trademark rights, You may provide notice to the Company of such infringement in writing. To be effective, Your notice must: (A) provide a detailed description of the copyrighted or trademarked work that You believe has been infringed; (B) identify the location of the infringing material on the Application; (C) provide Your contact information, including Your name, address, telephone number, and email address; (D) include a statement that You have a good faith belief that the use is not authorized by You, Your agent, or the law; and (E) include a statement, made under penalty of perjury, that the information in Your notice is accurate and that You are authorized to act on behalf of the copyright or trademark owner. Notice should be sent to the following address: Traba, Inc., Attn: Legal Department, [email protected] with a copy to [email protected].

10. Communications
a. Email, Telephone and Video Communications. User agrees that Traba, as well as Customers, may contact User via email, telephone, text message, video conferencing, or other electronic means for purposes including but not limited to communicating about Customer Requests, scheduling, payment, support, verification, and quality assurance. User further agrees that such communications may be recorded and monitored, and User authorizes the use and storage of such recordings. User acknowledges that by providing a telephone number or email address, User consents to receive communications at those contact methods. User may opt out of certain communications, but this may affect their ability to use the Application or accept Customer Requests.
b. Text Messaging Communications. User agrees that Traba and Customers may send text messages (SMS/MMS) to User's phone number for purposes including but not limited to notifying User of available Customer Requests, coordinating shift details, requesting verification, providing payment information, and customer support. User acknowledges that message and data rates may apply. User may reply STOP to discontinue text messages, or contact [email protected] to adjust communication preferences. User understands that opting out of text communications may limit their access to certain platform features.

11. Technology Consents and Data Collection Notices
a. Location Tracking Consent. User consents to Traba collecting precise geolocation data via the Application for purposes of: (i) verifying arrival at and departure from Customer worksites; (ii) ensuring worker safety and security; (iii) timekeeping and shift verification; (iv) optimizing platform services; and (v) compliance with applicable law. Location Data may be collected while the Application is in use and during active Customer Engagements. User may disable location services through device settings, but doing so may affect User's ability to accept or complete Customer Engagements. Users in states with comprehensive consumer privacy laws retain rights of access, deletion, and opt-out of sale or sharing as required under applicable law.
b. Automated Decision Systems. Traba uses Automated Decision Systems ("ADS") to facilitate platform operations, including matching Users with Customer Requests, determining eligibility for particular Customer Requests or worksites, calculating reliability and performance scores, detecting fraud, prioritizing Customer Requests, and optimizing platform functionality. For decisions that have a legal or similarly significant effect on User --- including Account deactivation, extended suspension, or categorical exclusion from Customer Engagements with one or more Customers --- Traba does not rely solely on ADS outputs without meaningful human review, except where permitted by applicable law. User may request information about the logic, significance, and consequences of any ADS that significantly affects User, may request human review of any such decision, and may contest such a decision and provide additional information for consideration, by contacting [email protected].

State-Specific. To the extent Traba's use of ADS constitutes "high-risk artificial intelligence" under the Colorado Artificial Intelligence Act (SB 24-205), Traba will provide the disclosures required under the Act, including notice of the use of an AI system, the purposes of such use, and User's right to opt out and to request human review of consequential decisions where required. To the extent Traba uses an "automated employment decision tool" under New York City Local Law 144 in connection with Users who reside in New York City or candidates for positions in New York City, Traba will comply with the bias audit, ten-business-day notice, and candidate-rights requirements of Local Law 144. For Users in other jurisdictions with applicable AI or automated decisionmaking laws (including Illinois), Traba will provide notice and rights as required by applicable law.

c. Recording of Communications. User agrees that telephone calls, video calls, and other recordable communications between User and Traba (or its agents and service providers) may be recorded, monitored, transcribed, stored, and used for purposes including identity verification, eligibility screening, scheduling, payment and tax administration, support, training, quality assurance, dispute resolution, fraud prevention, regulatory compliance, audits, and internal investigations. By accepting this Agreement, User consents to such recording, monitoring, transcription, storage, and use, and authorizes Traba to disclose such recordings and derived data to Customers, authorized service providers, and as otherwise permitted under applicable law. This consent is given in advance and applies to each recordable communication for the duration of User's relationship with Traba. AI-related recording, analysis, and use of voice and video communications and submissions is governed by Section 11(f), which controls in the event of any conflict with this Section 11(c).
User may decline to be recorded on a particular call by informing the Traba representative or AI system at the time of the call; Traba may terminate or decline to continue the call rather than proceed without recording. User may withdraw consent prospectively at any time by contacting [email protected]; following withdrawal, Traba may decline to engage in recorded communications with User, which may make certain Application features and Customer Engagements unavailable. Recordings, transcripts, and derived data will be retained for a period reasonably necessary for the purposes set forth above and in accordance with Traba's records retention policy and applicable law.

State-Specific. Users in Illinois consent to the recording and use of voice communications described above for purposes of the Illinois eavesdropping statute (720 ILCS 5/14-1 et seq.) and related Illinois law; to the extent any recording results in the capture of voice-related data that constitutes a "biometric identifier" or "biometric information" under 740 ILCS 14, the consent and provisions of Section 11(d) apply. For Users in other states requiring consent of all parties to a recording (including, without limitation, Connecticut, Florida, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington), the consent provided in this Section 11(c) constitutes User's consent for purposes of applicable state law; where applicable law requires consent of additional parties or contemporaneous notice, Traba will obtain such consent or provide such notice in accordance with applicable law.

d. Biometric Data Consent. Traba and/or its Customers, and/or third-party vendors acting on their behalf, may collect, use, store, and disclose Biometric Data for purposes of: (i) identity verification and authentication; (ii) worksite clock-in and clock-out and time tracking; (iii) preventing time fraud and ensuring compliance; (iv) workplace safety and security; and (v) complying with legal and contractual obligations. By accepting this Agreement, User provides specific, informed, written consent to such collection, use, storage, retention, and disclosure of Biometric Data, subject to the additional state-specific provisions below and to any separate notice and consent provided under Section 11(f) or Section 11(g).

To the extent Traba itself collects or possesses Biometric Data, Traba maintains a written retention schedule and destruction policy, under which Biometric Data is permanently destroyed when the initial purpose for collection has been satisfied or within three (3) years of User's last interaction with Traba, whichever occurs first, using secure deletion methods. Biometric Data is stored using industry-standard encryption and security measures. Traba will not sell, lease, trade, or otherwise profit from User's Biometric Data, and will not disclose Biometric Data to any third party except: (i) to Customers and authorized service providers acting on Traba's behalf for the purposes set forth above; (ii) as required by law or valid legal process; (iii) with User's separate consent; or (iv) as otherwise permitted under applicable law. User may request deletion of User's Biometric Data, or revoke consent prospectively, at any time by contacting [email protected]; revocation will not affect the lawfulness of processing carried out before revocation.

State-Specific. The following provisions apply to the extent any Biometric Data constitutes a regulated biometric identifier, biometric information, or sensitive personal information under the referenced statute. Illinois (BIPA): Under the Illinois Biometric Information Privacy Act (740 ILCS 14) ("BIPA"), User has been informed in writing, through this Agreement, of (i) the fact that such data is being collected and stored, (ii) the specific purposes for collection, use, storage, and disclosure, and (iii) the retention period set forth above. User provides specific, informed, written consent to Traba's collection, capture, receipt, use, storage, retention, and disclosure of such data, including disclosure to Customers and authorized service providers acting on Traba's behalf as contemplated by 740 ILCS 14/15(d). Consistent with 740 ILCS 14/15(c), Traba will not sell, lease, trade, or profit from such data. Texas (CUBI): Under the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code § 503.001), Traba provides notice and obtains User's consent to capture and use of "biometric identifiers" for the purposes set forth above. Washington (RCW 19.375): Traba provides notice and obtains consent before enrolling biometric identifiers in a database for a commercial purpose, and will store, transmit, and protect such data using reasonable care consistent with RCW 19.375.020. New York City: Under NYC Admin. Code § 22-1201 et seq., Traba provides notice that it collects and uses "biometric identifier information" in a commercial context and will not sell, lease, trade, share for value, or profit from such data. Other Jurisdictions: In all other states with comprehensive consumer privacy or biometric privacy laws, Traba will provide notice, obtain consent where required, and honor User rights of access, correction, deletion, and limitation of use and disclosure as required by the applicable statute.

e. General Data Collection. Through the Application, Traba collects categories of data including: Account information; Location Data; Biometric Data; Communications data (including emails, text messages, call recordings, transcripts, and derived data); performance and rating data; Aggregated Data; device and usage analytics; and information required for payment and tax reporting. User retains all rights afforded by applicable state and federal privacy laws, including rights of access, deletion (subject to legal retention requirements), correction, portability, opt-out of sale or sharing, and limitation of use and disclosure of sensitive personal information.
f. Consent for AI Voice and Video Activities; Separate Notice for Biometric Timekeeping.

Scope. Traba uses, and may continue to use, artificial intelligence systems to conduct and analyze voice and video communications with User ("AI Voice and Video Activities"), including: (i) AI-conducted voice interviews and screening calls (including systems using AI-generated synthetic voices) for identity verification, eligibility screening, qualification matching, and similar pre-engagement and ongoing-engagement activities; (ii) AI-conducted operational voice calls for shift information, check-ins, reminders, and quality-assurance feedback; (iii) AI-conducted video interviews for screening and eligibility purposes; (iv) AI analysis of voice or video communications and User-submitted video content (including video interviews, work-related submissions, and identity verification videos) for transcription, content analysis, qualification assessment, identity verification, fraud detection, quality assurance, and platform improvement; and (v) the storage, retention, and disclosure of recordings, video content, transcripts, and derived data generated through such activities.

Informed Written Consent. By accepting this Agreement, User provides informed, written consent to Traba's use of AI Voice and Video Activities. User acknowledges and agrees that User has been informed in writing, through this Agreement, that: (a) Traba's AI systems may include speech recognition, natural language processing, large language models, machine learning classifiers, AI-generated synthetic voices that may be substantially indistinguishable from human voices, automated dialogue systems, and video analysis tools that evaluate spoken responses, language patterns, response completeness, content accuracy, and similar characteristics; (b) some calls and video sessions may be conducted entirely by an AI system without a human participant on Traba's side, and other communications and video submissions may be analyzed by AI systems after the fact; (c) communications subject to AI Voice and Video Activities will be recorded, transcribed, stored, and analyzed by Traba and by third-party AI vendors engaged by Traba (the identity of which may change from time to time and may be obtained by contacting [email protected]); (d) recordings, video content, transcripts, and derived data will be retained for a period reasonably necessary for the purposes set forth above and in accordance with applicable law, and to the extent any output constitutes Biometric Data, the provisions of Section 11(d) apply; (e) outputs may inform decisions about User's eligibility, qualification matching, reliability scoring, fraud screening, and identity verification, and Traba does not rely solely on such outputs to make decisions with a legal or similarly significant effect on User without meaningful human review (except where permitted by applicable law); (f) User may request human review and information about the logic, significance, and consequences of AI Voice and Video Activities by contacting [email protected]; (g) User may decline to participate in a particular call, video session, or submission, which may delay or prevent specific activities and make particular Customer Engagements unavailable, but will not by itself affect User's eligibility for other Customer Engagements; (h) consistent with the Illinois Artificial Intelligence Video Interview Act (820 ILCS 42), User may request deletion of any submitted or AI-conducted recorded video by contacting [email protected], and Traba will, within thirty (30) days of receipt of a verifiable request and subject to applicable legal retention requirements, delete its copies and instruct any third-party vendor with access to delete the video; (i) User may withdraw consent prospectively at any time by contacting [email protected], which will not affect the lawfulness of prior processing and may make certain Customer Engagements or Application features unavailable; (j) Traba will not sell, lease, trade, or otherwise profit from data generated through AI Voice and Video Activities, and consistent with 820 ILCS 42/15, Traba will not share AIVIA-covered video interviews except with persons whose expertise or technology is necessary to evaluate User's fitness for a position; and (k) this consent applies to each AI Voice and Video Activity occurring during the term of User's relationship with Traba and is given in advance of any specific activity.

State-Specific. Users in Illinois acknowledge that, to the extent AI is used to conduct or analyze a video interview in connection with consideration for a position, the Illinois Artificial Intelligence Video Interview Act (820 ILCS 42) applies, and User: (i) acknowledges notice that AI may be used; (ii) acknowledges that User has been provided information regarding how the AI works and the general types of characteristics it uses to evaluate applicants (including spoken responses, language patterns, and response completeness); and (iii) provides consent for User's video interview to be conducted by, and evaluated using, AI. To the extent any AI Voice and Video Activity results in the capture of voice-related or face-related data that constitutes a "biometric identifier" or "biometric information" under 740 ILCS 14, the provisions of Section 11(d) apply. To the extent AI Voice and Video Activities constitute "high-risk artificial intelligence" under the Colorado Artificial Intelligence Act (SB 24-205), or an "automated employment decision tool" under New York City Local Law 144, the provisions of Section 11(b) apply. Users in Maryland acknowledge that to the extent AI Voice and Video Activities involve facial recognition technology in employment-related decisions, Traba will comply with the Maryland Facial Recognition Law (HB 1202). For Users in other states with applicable AI, automated decisionmaking, wiretap, eavesdropping, or two-party consent laws, the consent provided in this Section 11(f) constitutes User's consent to the recording, analysis, and use of voice and video communications by Traba and its AI vendors to the maximum extent recognized under applicable law.

Separate Notice for Biometric Timekeeping. Biometric clock-in and clock-out at Customer worksites --- including facial geometry scans and/or fingerprint-based timekeeping captured through third-party kiosks or similar systems --- involves processing for which Traba (or a third party acting at Traba's or a Customer's direction) will provide User with a separate, purpose-specific notice and obtain affirmative consent at the time of enrollment. User's acceptance of this Agreement is not itself consent to such activities. User may decline and request a reasonable alternative, subject to the applicable separate notice and applicable law. The separate notice will govern, including, as applicable, rights under BIPA, the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code § 503.001), the Washington biometric identifiers statute (RCW 19.375), and the New York City biometric identifier information law. Section 11(g) further governs Traba's role in connection with such systems. In the event of a conflict between this Agreement and any such separate notice, the separate notice controls.

g. Third-Party Biometric Timekeeping. Certain Customers, and Traba in connection with shift management at Customer worksites, may use third-party biometric timekeeping systems (such as facial-scan or fingerprint kiosks) provided by independent vendors. The third-party vendor independently determines the technical means of capture and storage and is responsible for safeguarding such data in accordance with its own policies and applicable law. Where Traba uses such a system in connection with User's work, Traba will provide a separate, purpose-specific notice describing the categories of biometric data collected, the purposes, the retention period, the vendor involved, and User's right to decline, and will obtain User's affirmative written consent before any biometric data is collected. The notice and consent provided at enrollment, and not this Agreement, governs the specific terms applicable to that collection.
Traba does not directly capture or store biometric templates through third-party timekeeping kiosks; the underlying biometric identifier (such as the facial geometry vector or fingerprint template) is captured and stored by the vendor's systems. Traba may receive: (A) derived timekeeping data such as clock-in and clock-out events; (B) the fact of enrollment, attempted enrollment, or authentication for a given User; and (C) administrative data necessary to manage the vendor relationship. To the extent Traba is deemed to "possess" or "control" biometric identifiers or biometric information under any applicable law by virtue of its relationship with the vendor, the consent, retention, and destruction provisions of Section 11(d) apply. The third-party vendor is responsible for the technical security of biometric data in its systems and for compliance with its own retention and destruction schedule and applicable law.
User may decline to enroll in any third-party biometric timekeeping system. Where reasonably available, Traba or the Customer will offer an alternative timekeeping method (such as PIN entry or manual sign-in). Where no alternative is available for a particular Customer Engagement, declining biometric enrollment may make that specific Customer Engagement unavailable; declining will not, by itself, affect User's eligibility for other Customer Engagements. Questions about a vendor's data practices, or requests to access or delete biometric data held by a vendor, may be directed to the vendor in accordance with the notice provided at enrollment, or to Traba at [email protected].

12. Platform Payments
a. Payment Processing. The Application may facilitate payments to, and refunds from, Users. To use the payment features of the Application, You must register a valid bank account with Your Account and ensure that all associated information is accurate, complete, and up to date. All payments processed through the Application will be in U.S. dollars. The specific fees, rates, and other compensation terms applicable to Your Services are set forth in Your Applicable Engagement Agreement, not this Agreement.
b. Payment Holdbacks and Chargebacks. Traba reserves the right to offset future payments ("Payment Holdbacks") in the following circumstances: (i) Your Account is subject to excessive chargebacks resulting in additional costs or fees from the payment processor; (ii) the payment processor withholds a percentage of a payment as a reserve, including as a result of actual or suspected fraudulent activity; or (iii) Traba determines, in its sole discretion, that it is necessary to reverse a transaction. Traba will notify You of any Payment Holdback and may require supporting documentation related to the relevant payment(s). If You do not provide such documentation within the requested timeframe, Traba reserves the right to refund the payment, transfer available funds to Your registered bank account, or take any other action reasonably necessary to comply with applicable compliance standards, including those imposed by any financial institution, payment processor, or credit card network, as well as applicable law. Nothing in this subsection authorizes the withholding or deduction of wages or other compensation in violation of applicable federal, state, or local law.
c. Failure to Process. You are solely responsible for the accuracy of the information You provide in connection with payments and refunds processed through the Application. Traba will not be liable for any failure to complete a payment or refund resulting from inaccurate or incomplete information provided by You. Subject to applicable law, Traba reserves the right to refer any delinquent, past-due, or defaulted Account to a collections agency for recovery of the past-due amount.

13. Third-Party Payment Processing Services
Payment processing services for User are provided by a third-party provider. As a condition of Company enabling payment processing services through such provider, User agrees to provide Company accurate and complete information about User, and User authorizes Company to share it and transaction information related to User's use of the payment processing services provided by the provider.

14. Relationship with Customers
You acknowledge and agree that Your provision of Services to a Customer creates a direct business relationship between You and the Customer. You are responsible for any obligations or liabilities to Customers that may arise from Your provision of Services, and You agree to indemnify the Company and/or any of their respective subsidiaries and affiliates and the directors, officers, employees, and agents thereof for any liability that they may incur, individually or collectively, as a result of any action or omission by You in the performance of Services. You acknowledge and agree that You are solely responsible for taking such precautions as may be reasonable and proper to mitigate such risks.

15. Rights and Terms for Application
a. General License. Traba grants User a limited, non-exclusive, non-transferable, revocable license to download and use the Application on a device that User owns or controls, solely for the purposes of accessing Customer Requests and performing Services, in accordance with this Agreement and all applicable laws. User acknowledges that Traba reserves all rights not expressly granted herein.
b. App Store Terms. If User downloads the Application from the Apple App Store or Google Play Store or another third-party app store ("App Store"), the following additional terms apply: (i) User's use of the Application is subject to the applicable App Store's terms of service, and Traba is not responsible for any claims or disputes relating to such terms; (ii) The license granted herein is limited to a personal, non-commercial use; (iii) Traba disclaims any warranty, express or implied, that the Application will comply with App Store terms or that it will be available for download at all times; (iv) User acknowledges that the App Store provider has no obligation to provide maintenance or support for the Application; and (v) Any claims related to the Application, including intellectual property or product liability claims, shall be directed to Traba, not the App Store provider.

16. LIMITATIONS OF LIABILITY
a. Limitation on Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TRABA NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS SHALL BE LIABLE FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF TRABA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY DIRECT DAMAGES, CLAIMS, OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE TOTAL FEES (IF ANY) PAID BY USER TO TRABA DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR, IF NO FEES WERE PAID, ONE HUNDRED DOLLARS ($100).
b. Limitation on Liability for Third Parties. TRABA SHALL NOT BE LIABLE FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR RELATING TO: (I) ANY CONDUCT, COMMUNICATIONS, OR SERVICES PROVIDED BY CUSTOMERS, OTHER USERS, OR THIRD PARTIES; (II) ANY CUSTOMER REQUEST, CUSTOMER ENGAGEMENT, OR SERVICES PERFORMED PURSUANT THERETO; (III) ANY FAILURE OF CUSTOMERS TO PAY FOR SERVICES; OR (IV) ANY DISPUTES BETWEEN USERS AND CUSTOMERS OR BETWEEN USERS AND THIRD PARTIES. USER ASSUMES ALL RISK AND LIABILITY FOR INTERACTIONS WITH CUSTOMERS AND OTHER USERS OF THE APPLICATION.
c. Applicability. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND OTHER LEGAL THEORIES, AND EVEN IF ANY REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE.

17. WARRANTY DISCLAIMERS
a. Disclaimer of Warranties. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TRABA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (I) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (II) WARRANTIES THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) WARRANTIES THAT DEFECTS WILL BE CORRECTED; (IV) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT ON THE APPLICATION; AND (V) WARRANTIES THAT THE APPLICATION WILL MEET USER'S REQUIREMENTS OR EXPECTATIONS.
b. No Warranty for Third-Party Content. TRABA DOES NOT WARRANT OR GUARANTEE THE QUALITY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, ACCURACY, OR LEGALITY OF CUSTOMER REQUESTS, CUSTOMER COMMUNICATIONS, RATINGS, REVIEWS, OR OTHER CONTENT POSTED BY CUSTOMERS, USERS, OR THIRD PARTIES. TRABA DOES NOT WARRANT THAT CUSTOMERS WILL PAY FOR SERVICES OR THAT SERVICES WILL BE PERFORMED IN A PROFESSIONAL MANNER.
c. Assumption of Risk. USER ASSUMES ALL RISK AND LIABILITY ASSOCIATED WITH USER'S USE OF THE APPLICATION AND PERFORMANCE OF SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOST WAGES, AND LIABILITY TO CUSTOMERS OR THIRD PARTIES. USER ACKNOWLEDGES THAT USER IS RESPONSIBLE FOR OBTAINING APPROPRIATE INSURANCE COVERAGE FOR SUCH RISKS.

18. Assignment
User may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without Traba's prior written consent. Any attempted assignment in violation of this provision shall be void. Traba may assign this Agreement or any of its rights hereunder to any affiliate, successor in interest, or entity that acquires all or substantially all of its assets or business without User's consent or notice, provided such entity agrees to assume the obligations hereunder.

19. Notice
Any notice required under this Agreement shall be in writing and shall be deemed effective upon: (i) personal delivery; (ii) email (provided a confirmation of receipt is received); (iii) three business days after sending via certified mail, return receipt requested; or (iv) one business day after sending via reputable overnight courier, such as FedEx or UPS. Notices to Traba should be sent to: Traba, Inc., Attn: Legal Department, or via email to [email protected]. Notices to User shall be sent to the email address or physical address on file with User's Account.

20. Miscellaneous
a. Severability. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect. If a provision is partially invalid, that provision shall be reformed to the minimum extent necessary to make it valid and enforceable while preserving the intent and economic benefit to the parties.
b. Waiver. No waiver of any provision or right under this Agreement shall be effective unless in writing and signed by an authorized representative of the party against which such waiver is sought. The failure of either party to enforce any right or provision shall not constitute a waiver of such right or provision, and such failure shall not affect the validity of or the right to enforce such provision at a later time.
c. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles. User agrees that all claims arising under or relating to this Agreement shall be brought exclusively in the state and federal courts located in New York County, New York, except as otherwise provided by applicable law or this Agreement.

21. Defend Trade Secrets Act Notice
An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a Federal, State, or local government official or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law; or (ii) in a complaint or filing under seal in a lawsuit or other proceeding; or (B) is made in a disclosure that is made in a whistleblower complaint or filing that is made under the seal of any Federal, State, or local proceeding or to an attorney and solely for the purpose of investigating or reporting a suspected violation of law. Nothing in this Agreement shall prohibit User from making such disclosures.

22. Entire Agreement
This Agreement, together with all referenced policies and any Applicable Engagement Agreement entered into by the parties, constitutes the entire agreement between User and Traba with respect to the Application and supersedes all prior and contemporaneous agreements, whether written or oral, between the parties relating to the subject matter hereof. Traba reserves the right to modify or amend any other terms of this Agreement from time to time without notice; Your continued use of the Application following the posting of changes to the terms shall constitute Your acceptance of such changes.