Terms of Use

These Terms of Service apply to the Croux website and mobile application, along with any other service or tool provided by Croux, Inc. and its subsidiaries and/or affiliates ("Croux") and accessed or used by you (collectively, the "Platform"). BY USING THE PLATFORM, YOU AGREE TO THESE TERMS OF SERVICE.

By using any part of the Services, you agree to be bound by these Terms of Service, our Privacy Policy, and our Community Guidelines. You confirm that you are at least eighteen (18) years old and have the legal authority to accept these Terms.

Croux reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. Material changes require your affirmative acceptance through a click-wrap prompt at your next login. Continued use of the Platform alone does not bind you to material changes.

Croux is a neutral technology platform that facilitates connections between users for the provision of services. Croux is not an employment service and does not serve as an employer of any user. The Platform comprises the Croux Mobile Platform, Croux Marketplace, and related services, which provide opportunities through which Talent seek temporary employment opportunities with Business Users who post temporary job opportunities ("shifts" or "gigs") in various industries, including but not limited to hospitality, manufacturing, and construction.

• "Business User" means any business who posts a shift in the Croux Marketplace.
• "Croux Marketplace" or "Marketplace" means the marketplace where Business Users post shifts for Croux Members to fill.
• "Croux Mobile Platform" or "Platform" means the software that Users download from the Web, Apple Store, or Google Play Store.
• "Shift" or "gig" means a temporary job opportunity.
• "Croux Member" or "Talent" means any individual using the Croux Marketplace to find shifts from Business Users.
• "Users" or "You" means anyone who uses the Croux Mobile Platform or Croux Marketplace, including both Croux Members and Business Users.
• "Trust Score" means a proprietary score that depicts reliability and trustworthiness using various information collected on Talent, including shifts completed, timeliness, Business User feedback, and user reports.

Independent Contractor Relationship. The parties intend that your use of the Croux platform is as an independent contractor and not as an employee of Croux. Croux operates a marketplace that facilitates access to shift opportunities posted by multiple unaffiliated businesses. Nothing in these Terms creates an exclusive relationship, guarantees any minimum amount of work or income, or requires you to accept any shift. You remain free to accept or decline any shift, to use competing platforms, to work directly for other businesses, and to stop using the platform at any time. Croux does not impose minimum shift commitments, acceptance-rate quotas, or penalties for ordinary declines, subject to generally applicable rules concerning late cancellations, no-shows, safety, legal compliance, and marketplace integrity.

No Recurring Schedule. Croux offers shift opportunities on a discrete, shift-by-shift basis. Croux does not assign you to a recurring schedule, reserve a standing position for you at any property, or guarantee future shifts. Each shift is separately offered and separately accepted.

Onsite Work Direction. For any shift you choose to accept, the business posting the shift is responsible for onsite operations at its property, including assignment of tasks during the shift window, applying property-specific standards, providing onsite supervision, and determining whether the work satisfies the business's requirements. Croux does not supervise, direct, or control the means and methods of onsite work. Croux may administer platform rules and requirements relating to safety, legal compliance, communications, payments, ratings, reliability, and marketplace integrity. The Business User alone assigns work, sets standards, provides onsite supervision, and evaluates performance. Croux's role is limited to marketplace matching, communications support, billing, and replacement logistics.

No Employee Benefits. Croux does not provide employee benefits, guaranteed wages, paid leave, retirement benefits, or other employment-style compensation features to workers using the platform. Nothing in these Terms waives or limits any compensation or other rights that cannot lawfully be waived.

Taxes. Croux does not withhold payroll taxes from amounts paid to you unless required by applicable law. You are responsible for your own tax reporting and payment obligations arising from your use of the platform, subject to applicable law.

Nothing in these Terms creates an employment, joint venture, or agency relationship between Croux and Talent. Talent control the manner and means of performing shifts and provide required tools unless the Business User provides them.

Talent may not delegate or subcontract a shift without the Business User's prior written consent.

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during registration and at all other times when you use the Platform. You are the sole authorized user of any account you create and are solely and fully responsible for all activities that occur under your password or account.

Croux will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Croux or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use.

By creating an account, accepting these Terms, or accepting a shift through the Platform, Talent agrees to comply with the Talent Guidelines, which are incorporated into these Terms by reference. The Talent Guidelines may address platform use, safety, reliability, communications, legal compliance, and marketplace integrity. The Talent Guidelines do not authorize Croux to direct the means and methods of services performed onsite for a Business User.

Croux may update the Talent Guidelines from time to time. Croux will provide notice of material changes and, where required, obtain Talent's acceptance before the changes become effective. If the Talent Guidelines conflict with these Terms, these Terms control.

Croux may implement identity checks, device fingerprinting, geolocation, or usage pattern analysis to protect the Platform and Users. Accounts engaging in fraud or evasion of controls may be suspended or removed.

Croux may pause or remove access for violations of Terms, Guidelines, safety risks, or fraud. You may appeal within 14 days by contacting support@croux.co and providing relevant information.

Croux provides a formal process for reporting issues, including safety concerns, discrimination or harassment, policy violations, or shift disputes. Croux may temporarily pause an account's access to new shifts while a good-faith complaint is under active investigation.

The Croux platform is not intended for use by individuals under the age of 18. We do not knowingly collect or solicit personal information from children under 18. If you are under 18, do not attempt to register for or use the platform or send any personal information to us. If we learn that we have collected personal information from someone under 18, we will delete that information promptly.

Payment processing services for Users through Croux are provided by Stripe and are subject to the Stripe Connected Account Agreement. By agreeing to these Terms, you agree to be bound by the Stripe Services Agreement, as modified by Stripe from time to time.

Business Users must onboard as Stripe customers, attach a payment method, and be vetted and approved by Croux. Croux Members must onboard as Stripe Connect vendors, attach a bank account or debit card, and be vetted and approved by Croux before using the Platform.

Upon completion of a Shift, payment shall be made to Talent's Stripe Account. Payouts are typically processed within 24 hours after shift clock-out confirmation unless otherwise stated in the shift description. Disputes regarding hours or pay must be submitted via the in-app Dispute Pay feature within 7 days of the shift.

All charges include a service fee. Croux reserves the right to change the Service Fee at any time.

Late Fee. Any undisputed invoice amount not paid within fourteen (14) days after the due date stated on the invoice will be subject to a one-time late charge of five percent (5%) of the overdue amount. In addition, any undisputed overdue amount remaining unpaid more than thirty (30) days after the due date will thereafter accrue simple interest at the lesser of one and one-half percent (1.5%) per month or the maximum amount permitted by applicable law, until paid in full. Interest will accrue only on the unpaid invoice amount and not on any late charge, Failed Payment Fee, taxes, or previously accrued interest. A Failed Payment Fee may also apply as provided below, but Croux will assess no more than one Failed Payment Fee per invoice.

Failed Payment Fee. If Customer's designated payment method is declined, returned, or otherwise fails to process for an undisputed amount due, Croux may retry the charge in accordance with its standard payment-retry schedule. If the invoice remains unpaid after those retry attempts, Croux may assess one Failed Payment Fee of twenty-five dollars ($25.00) for each unique shift code listed on that invoice to reimburse administrative and processing costs associated with the failed payment. No Failed Payment Fee will be charged for processor errors or amounts subject to a good-faith billing dispute. The Failed Payment Fee will be added to the outstanding balance, is due upon receipt, and will not itself accrue interest. Croux may suspend access to the Platform for any account that remains past due after providing notice if the Business User fails to pay an undisputed amount when due. Croux will not suspend access based solely on an amount subject to a timely, good-faith billing dispute.

In the event a Business User or its affiliates hire a Talent directly within six months of the Talent last performing work for that Business User, a Direct Hire Fee of $2,000 (or $1,000 for Talent with at least 200 hours worked with that Business User) will be charged. This fee is liquidated damages, not a penalty.

As a condition of accessing and performing shifts through the Platform, all Talent are covered by Croux's Occupational Accident Insurance ("OAI"). To fund this coverage, Croux will deduct $0.50 per hour from Talent compensation for each hour or partial hour worked. Time worked is rounded up to the next full hour.

This deduction is mandatory for all Talent using the Platform and applies regardless of shift type, employer, or location. OAI is not a substitute for workers' compensation, and coverage is limited as described in these Terms.

If a Business User cancels a shift within 24 hours of its scheduled start time, the Business User will be charged a Late Cancellation Fee equal to the lesser of (a) 50% of the total value of the scheduled shift, or (b) four (4) hours of Talent pay at the applicable hourly rate. The Late Cancellation Fee will be charged to the payment method on file, and the Business User agrees that this fee represents a reasonable estimate of the costs and disruptions caused by late cancellations. All Late Cancellation Fees are final, nontransferable and nonrefundable; provided, however, Croux may correct clerical errors related to any Charges by providing notice by email and a reasonable opportunity for you to object to the correction. Clerical errors include without limitation minor mistakes or unintentional or duplicate Charges.

Business Users will be required to pay an ongoing membership/subscription fee for each location or unique operation that Croux supports. Subscriptions are auto-renewing. Croux will provide 30 days' notice of any rate increase prior to it going into effect.

If a Business User dismisses Talent before the scheduled end time of a posted shift, the Business User will be charged an Early Release Fee equal to at least half (50%) of the posted shift duration, up to a maximum of four (4) hours, at the posted hourly rate, plus any applicable service fees. If Talent worked more than half the posted shift duration or more than four (4) hours, the Business User will be charged for actual time worked.

Talent will receive the corresponding compensation provided they performed their assigned duties and remained in compliance with Croux's Terms of Service and Talent Guidelines at the time of dismissal. Talent dismissed due to a violation of Croux's Terms of Service, Talent Guidelines, or Business User's reasonable workplace policies are not entitled to Early Release compensation and will be paid for actual time worked only.

The Early Release Fee does not apply in the following circumstances:

(a) Talent voluntarily chooses to leave before the scheduled end time; (b) Talent is removed from the shift due to a violation of Croux's Terms of Service, Talent Guidelines, or Business User's reasonable workplace policies; or (c) The early dismissal is mutually agreed upon in writing (including via in-app messaging) between the Business User and Talent prior to the shift's scheduled end time.

Disputes regarding early dismissal must be submitted via the in-app Dispute Pay feature within seven (7) days of the shift. Croux's determination of whether an Early Release Fee applies shall be final, subject to the dispute resolution process outlined in these Terms.

Croux is a technology platform that facilitates connections between independent service providers ("Talent") and businesses seeking to engage services for specific tasks or shifts ("Business Users"). Croux does not employ Talent, does not supervise the performance of services, and does not control or direct the manner, means, or methods of any services rendered through the platform.

Nothing contained in these Terms of Use shall be construed to create an employment, joint venture, partnership, franchise, or agency relationship between Croux and any user. Talent are at all times acting as independent contractors and are solely responsible for determining when, where, and how they provide services.

Talent are solely responsible for complying with all legal and regulatory obligations applicable to independent contractors, including tax reporting, income tax payments, self-employment taxes, unemployment insurance, and workers' compensation. Croux does not withhold, pay, or remit any taxes or employment-related payments on behalf of any user.

By using the Services, you agree that:

• Your use of the Services is governed by this Agreement, the Privacy Policy, and the Community Guidelines
• You will only use the Services for lawful purposes and will not use them for deceptive or fraudulent purposes
• You will not use another User's account, impersonate any person, or forge or manipulate identifiers
• You will not engage in harassment, discriminatory or derogatory language, or other conduct that creates a hostile environment
• You will not copy or distribute any information or content from the Platform for commercial purposes without prior written consent
• You will keep your account password secure and confidential
• You will not attempt to gain unauthorized access to the Platform or any account or network
• You will not use any automated tools to scrape, copy, index, or monitor any portion of the Platform
• You may not use, incorporate, or extract any Content or data from the Platform to develop, train, or fine-tune any artificial intelligence or machine-learning model

Croux reserves the right to suspend and/or permanently deactivate your account at its sole discretion in the event of any breach of these restrictions.

Croux is a community built on mutual respect and professionalism. The following standards apply to all Users of the Platform — Business Users and Talent alike — and are a material condition of access to the Platform.

1. Zero Tolerance for Harassment and Discrimination. Derogatory, discriminatory, or harassing language or conduct is strictly prohibited on the Croux Platform and at any worksite where Croux Talent has been engaged. This includes, without limitation, conduct or comments related to race, color, national origin, gender, gender identity, age, religion, sexual orientation, disability, pregnancy, veteran status, or any other characteristic protected by applicable law.

2. Professional Environment. Business Users and Talent must treat one another with courtesy and respect at all times during the engagement, including before, during, and after a shift. Business Users are responsible for the conduct of their employees, agents, family members, and anyone else present at the worksite during a Croux shift.

3. Safe and Respectful Worksite. Business Users are responsible for providing a worksite that is physically safe and respectful. This includes providing accurate shift information, clear instructions, required Personal Protective Equipment (PPE), and an environment free from harassment and hostility. Talent who feel unsafe, intimidated, threatened, or disrespected may leave the worksite without penalty and report the incident to Croux. Talent must follow all reasonable site-specific safety instructions and use required PPE as directed by the Business User.

4. Reporting. All Users must promptly report safety hazards, injuries, misconduct, or policy violations to Croux via the app or at support@croux.co. Injuries must be reported within 24 hours.

5. Cooperation with Investigations. When Croux investigates a reported incident, complaint, or policy violation, all Users involved — Business Users and Talent — must cooperate fully and in good faith, including providing accurate information, responding to inquiries in a timely manner, and preserving relevant records. Failure to cooperate may result in immediate suspension of Platform access pending resolution, and may itself constitute grounds for permanent deactivation.

6. Consequences. Violation of any standard in this section may result in suspension or permanent deactivation of the account, at Croux's sole discretion, regardless of account status, outstanding shifts, or pending charges. Croux may also pay affected Talent for work performed, retain any fees already collected from the Business User, and take any other action it deems necessary to protect the community.

Where a feature collects or processes voiceprints or similar biometric identifiers, Croux will provide a separate notice and obtain any consent required by applicable law before collection and will retain and delete such data as required by law. Unless Croux expressly states otherwise in a separate notice, ordinary audio recordings and transcripts collected in connection with TARA or similar features are not used by Croux as biometric identifiers to uniquely identify you.

To enhance the Platform's safety, efficiency, and user experience, Croux utilizes automated systems and artificial intelligence (AI). These tools may be used to analyze usage patterns, generate recommendations, provide eligibility indicators, assess fraud or safety risks, assist in content moderation, and support profile creation or enhancement. For any significant decision that is materially influenced by an automated tool, including account deactivation, denial of platform access, or material adjustments to your eligibility or Trust Score, you may request a human review by contacting support@croux.co.

Croux may use an AI voice agent called TARA to assist with Talent intake, screening conversations, and the creation or enhancement of Talent profiles. If you participate in a TARA interaction, you acknowledge and agree that:

You may be interacting with an automated system and not a human representative. TARA will identify itself at the beginning of the interaction.

Subject to applicable law, TARA interactions may be recorded, transcribed, analyzed, and reviewed by Croux and its service providers to operate the Services; create, update, and improve your Talent profile; generate or support eligibility indicators, including your Trust Score; maintain safety, quality, fraud-prevention, and compliance records; and develop, test, maintain, and improve TARA and related features as described in the Privacy Policy.

Where applicable law requires consent before recording, Croux will request that consent at the beginning of the call or interaction. If you do not consent, do not proceed with the recorded interaction. You may instead request a human-conducted or other reasonable alternative intake by contacting support@croux.co. We aim to respond within 2 business days.

Information from a TARA interaction may be added to or used to update your profile, including information you provide and reasonable inferences drawn from your responses, such as skills, certifications, availability, and experience. You may review your profile and request correction of inaccurate TARA-generated profile content by contacting support@croux.co. We aim to respond within 2 business days.

If you prefer not to use TARA, or if you require an accommodation to access or use the Platform or complete intake, you may request a human-conducted or other reasonable alternative intake by contacting support@croux.co. We aim to respond within 2 business days.

Unless a longer period is required by law or reasonably necessary to investigate fraud, enforce these Terms, resolve a dispute, or comply with a legal hold, Croux will retain raw audio recordings from TARA interactions for up to 12 months after the interaction and then delete or de-identify them. Transcripts, profile content, and related business records may be retained for longer periods as described in the Privacy Policy.

As an independent contractor, you maintain control over the manner in which you perform your services. You are responsible for managing your own time and taking necessary breaks to perform effectively. Croux does not set or enforce a break schedule.

Each shift may include physical or functional requirements associated with the essential duties described in the posting (for example, the ability to stand for extended periods, lift certain weights, or navigate crowded spaces). Talent is responsible for reviewing the requirements before accepting a shift and accepting only shifts that Talent can perform safely and effectively.

If Talent has questions about the requirements or may need an accommodation or other access support, Talent may contact Croux before accepting the shift. Croux may coordinate with the Business User as appropriate and will address requests in accordance with applicable law.

If Talent is unable to perform the essential duties of an accepted shift, the shift may need to be reassigned or cancelled, subject to applicable law. Failure to complete an accepted shift may also be addressed under the Talent Guidelines, including applicable late-cancellation and no-show rules.

Talent is responsible for transportation to and from the shift, closed-toe shoes, and ordinary work-appropriate attire. Business Users provide the site-specific tools, equipment, and materials required for the shift.

Harassment, discrimination, or retaliation is prohibited. Croux may pause access during investigation and remove violators consistent with applicable law.

Croux is committed to prohibiting discrimination and facilitating reasonable accommodations for known disabilities, consistent with applicable law. If you require a reasonable accommodation to access or use the Platform, please contact support@croux.co. Croux may facilitate communications between you and a Business User regarding an on-site accommodation request, but the Business User is solely responsible for its own legal obligations and for conditions at the worksite.

All content, including text, graphics, photographs, trademarks, logos, sounds, music, and computer code arranged to create the design, structure, and appearance of the Platform is owned, controlled or licensed by or to Croux, and is protected by United States and international patent, copyright, trademark and trade secret laws.

Except as expressly provided in the Terms of Service, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without Croux's prior express written consent.

You grant Croux a non-exclusive, worldwide, royalty-free license to host and display content you provide solely to operate the Platform. This does not include Business User confidential information or Talent personal data, which remain subject to confidentiality and privacy obligations.

Talent will not disclose or misuse Business User confidential information obtained during shifts.

By agreeing to these terms, you grant Croux Inc. the right to use your business's logo for marketing and promotional purposes, including use on our website, social media, email campaigns, and other promotional materials. The logo will be used in a manner that maintains its quality and integrity.

You have the right to revoke this consent at any time by contacting us at support@croux.co. Upon receiving such a request, we will cease using your logo within 30 days.

The trademarks of Croux, including the Croux name and associated logos, are not to be used without permission. The content included in the Platform is protected by copyright and is owned or used with permission by Croux.

By accessing the Platform, you grant Croux the right to use and display your name, logo, and a description of your use on Croux's website and in marketing materials, subject to your standard trademark usage guidelines.

As long as you are in compliance with the Terms of Service, Croux grants you a personal, non-exclusive, nontransferable, limited privilege to enter and use the Platform. This license does not include any resale or commercial use of the Platform or Content.

From time to time, Croux may make available beta offerings. Any private beta offering is strictly for testing purposes only. Private beta offerings are considered Confidential Information of Croux.

Links to other websites or applications are provided for the convenience and information of visitors to the Platform. The inclusion of links on the Platform does not represent an endorsement, authorization, sponsorship, or affiliation with the linked site. Croux is not responsible for the content or presentation of any linked Platform.

Transactional and Support Messages. By creating an account and using the Croux platform, you consent to receive customer support, operational, and transactional text messages from Croux related to your use of the platform, including but not limited to shift confirmations, schedule updates, account notifications, and support communications. These messages are a core part of how Croux communicates with its business partners and are necessary for platform operation. Message and data rates may apply. Message frequency varies based on your platform activity. To stop receiving messages, reply STOP to any Croux text message. Reply HELP for assistance. See our Privacy Policy and these Terms of Use for more information.

By opting in to or using the Croux Text Message Service, you provide your express written consent to these Terms. You authorize Croux to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your account.

Promotional and Marketing Messages. With your separate, voluntary opt-in, Croux may send promotional text messages about new features, offers, and platform updates. Message frequency varies. Message and data rates may apply. Consent is not required to use Croux. Reply HELP for help or STOP to opt out.

Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. Text HELP to the number that sends you text messages for help and STOP to opt out. You must be 18 years of age or older (except Alabama and Nebraska, where you must be 19 years of age or older).

By using the Platform, you represent and warrant that:

• You are of legal age and sufficient authority to enter a binding agreement
• All data supplied will be complete and accurate to the best of your ability
• You will not impersonate any person or entity or misrepresent your affiliation with a person or entity
• You agree your information may be processed using artificial intelligence to create a Trust Score
• You will not transmit any unlawful, defamatory, obscene, threatening, or harassing content
• You have read, acknowledged, understood, and agree to the Terms of Service and Privacy Policy

Users may obtain access via the Platform to certain confidential information of Croux and its affiliates, including technical, contractual, product, pricing, marketing, algorithms, and other valuable information ("Confidential Information"). Users must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with Croux and its affiliates.

You will own all user data associated with your use of the Platform and by utilizing the Platform grant Croux a perpetual, irrevocable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display this data for the following purposes: (a) providing and improving the services on the Platform; (b) internal usage, including data analytics so long as such data is anonymous and aggregated; (c) complying with applicable legal requirements and assisting law enforcement agencies; and any other purpose consistent with the Terms of Service.

It is Croux's policy to respond to claims of intellectual property infringement. Notifications of claimed copyright infringement should be sent to Croux's designated agent:

Gatehouse Law, LLC 3108 Blue Lake Drive, Suite 200 Birmingham, Alabama 35243 Phone: 205.208.9595 Email: dmca@gatehouse.law

Croux makes no claim that the Platform or any content, service or feature will be error-free or uninterrupted. The Platform and its content are delivered on an "as-is" and "as-available" basis. Croux disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.

Access to the Platform and continued use may require the successful completion of a background screening conducted by Croux's third-party provider (Turn). Croux complies with the federal Fair Credit Reporting Act (FCRA) and all applicable state and local laws.

Croux is not involved in the transactions between users. Users of the services arrange for the services solely between themselves, and Croux is not party to any of those service arrangements.

Croux reserves the right to modify, suspend or terminate operation of or access to the Platform at any time without notice.

Croux reserves the right to refuse service to anyone and terminate your account at any time.

To the maximum extent permitted by law, Croux's aggregate liability shall not exceed amounts paid or payable by you to Croux in the six months preceding the claim, excluding willful misconduct.

Each User agrees to indemnify and hold harmless Croux from any claims, damages, or losses arising out of or related to (a) User's performance or nonperformance of services; (b) breach of these Terms; (c) bodily injury, property damage, or other harm occurring during or resulting from services performed by Talent; and (d) misrepresentation of employment status.

In the event User requires Talent to serve alcohol or operate a motor vehicle as part of the Services, User must procure and maintain Commercial General Liability insurance of at least $2 million per occurrence, Business Auto Liability insurance of at least $2 million, and Liquor Liability coverage in compliance with applicable state regulations.

Talent are responsible for maintaining any insurance required by law for their services. Business Users are responsible for on-site safety, PPE availability, and compliance with workplace safety laws.

Incidents or injuries must be reported within 24 hours via email to support@croux.co.

To the fullest extent permitted by law, Business User will indemnify, defend, and hold harmless Croux from and against any and all loss, damage, costs (including attorneys' fees, expert fees and expenses, and court costs), or liability resulting from any demands, claims, suits, costs, fines, penalties, proceedings, or actions caused by, arising out of, or related to any act or omission of Talent; provided, however, if any Claim is determined to have been caused by the sole negligence of Croux, then User will not be liable under this section.

As an independent contractor, User acknowledges that shifts and services are performed at Business User worksites that are not owned, operated, or controlled by Croux and may involve inherent risks. User voluntarily assumes all risks associated with providing services at these locations.

To the maximum extent permitted by law, Talent agrees to release Croux and its affiliates, officers, directors, and employees from any and all claims, liabilities, damages, losses, and expenses arising out of or in connection with any injury, illness, death, or property damage occurring at a Business User's worksite, except to the extent caused by Croux's own willful misconduct.

The Platform is provided "as is" and "as available." Croux is not responsible for delays or failures due to events beyond its reasonable control.

Croux may disclose any information about you if it determines such disclosure is necessary in connection with any investigation or complaint regarding your use of the Platform. Some violations may include:

• Using the Platform without the requisite authority to ratify legally binding contracts
• Circumventing or manipulating the billing process, or any fees owed to Croux
• Distributing or posting spam, chain letters, or pyramid schemes
• Distributing viruses or any other technologies that may harm Croux or its customers
• Copying, modifying, republishing or distributing content from the Platform without authorization
• Impersonating another person or misrepresenting your affiliation with any person or entity
• Conducting fraud, hiding or attempting to hide your identity
• Harvesting or otherwise collecting information about users without their consent

Croux may, in its sole discretion and without notice, terminate your access to the Platform if it determines you have violated these Terms of Service. Any violation by you will constitute an unlawful and unfair business practice that will cause irreparable harm to Croux.

Governing Law; Court Proceedings. These Terms are governed by the laws of the State of Alabama, without regard to its conflict-of-law rules, except to the extent federal law or non-waivable law of another jurisdiction applies. For any claim or proceeding that is not subject to arbitration, the parties consent to the jurisdiction of the state and federal courts located in Jefferson County, Alabama, except to the extent applicable law requires a different forum.

Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

Either party may seek injunctive relief in court for unauthorized use or disclosure of confidential information or IP rights.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Agreement to Arbitrate. You and Croux agree that any dispute, claim, or controversy arising out of or relating to these Terms, the platform, or your use of it, whether based in contract, tort, statute, or otherwise, will be resolved exclusively through final and binding individual arbitration, rather than in court, except as provided below.

Class and Collective Action Waiver. You and Croux agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Carve-outs. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or equitable relief for intellectual-property or unauthorized-access claims. Nothing in this Agreement prevents either party from communicating with, filing a charge or complaint with, or participating in an investigation or proceeding before a government agency to the extent those rights cannot lawfully be waived. To the extent permitted by applicable law, any private claim for individual monetary relief remains subject to this Agreement.

Process. Arbitration will be administered by AAA under its Employment Arbitration Rules and Mediation procedures, as amended and in effect when the arbitration is commenced, except to the extent those rules conflict with this Agreement or applicable law. Each claim must be brought and administered on an individual basis, and no arbitration may be consolidated with, joined to, or conducted as part of another person's arbitration without the separate written consent of Croux and the affected claimant.

The arbitration will be conducted remotely or in the county and state where Talent performed the services giving rise to the claim, unless the parties agree otherwise or applicable law requires a different location. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The substantive law applicable to the underlying claim will be the law that would apply if the claim were brought in court, without giving effect to conflict-of-law rules, except to the extent applicable nonwaivable law provides otherwise.

Croux will pay the arbitration fees and expenses that applicable law or the applicable AAA rules require Croux to pay. Talent will not be required to pay arbitration fees or expenses in an amount greater than the filing fee Talent would be required to pay to bring a comparable claim in court. Each party will bear its own attorneys' fees unless applicable law or the arbitrator's award provides otherwise.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending an email to support@croux.co stating that you are opting out of the arbitration agreement and including your full name and the email address associated with your Croux account. Opting out of arbitration will not affect the remaining provisions of these Terms or your ability to use the platform. Croux will not retaliate against you for exercising this right.

Croux makes no representation that the Platform is accessible, appropriate or legally available for use in locations outside the United States. Accessing and using the Platform is prohibited from territories where doing so would be illegal. If you access or use the Platform from other locations, you do so at your own initiative and risk and are solely responsible for compliance with local laws.

Each provision of the Terms of Service shall be considered severable, and if for any reason any provision is determined to be invalid, unenforceable, or illegal, such determination shall not impair the operation of or affect those portions of the Terms of Service which are valid, enforceable, and legal.

Croux's failure to enforce strict performance of the Terms of Service shall not be construed as a waiver of any provision or any right it has to enforce the Terms.

You acknowledge that Croux does not provide legal, tax, or employment advice, and no communication from Croux should be construed as such.

Any feedback you provide regarding the Platform is not considered confidential. Croux is free to use such information without restriction.

Controlling Language. These Terms may be provided to you in languages other than English for convenience. To the extent permitted by applicable law, the English-language version is the official and controlling version. In the event of any conflict, ambiguity, or inconsistency between the English version and any translated version, the English version governs and controls.

Please report any violation of these Terms of Service to Croux. The information contained in this Platform is subject to change without notice.