Qwick Marketplace Platform Terms

Qwick Marketplace Platform Terms

Last Updated: 6/13/25

1. INTRODUCTION

These Marketplace Platform Terms (“Marketplace Terms”) govern your access to and use of Qwick’s online marketplace and related mobile applications (collectively, including any updates to or successor platforms “Marketplace”). By utilizing the Marketplace, you accept these Marketplace Terms. 

These Marketplace Terms are governed by and subject to Qwick’s Terms of Use that apply generally to the use of our Site. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. Capitalized terms not defined in these Marketplace Terms are defined in the Terms of Use, and have the meanings given to such terms. 

ARBITRATION NOTICE: THESE MARKETPLACE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 21 OF THE TERMS OF USE. These provisions limit our liability to you and affect how disputes are resolved.

Qwick may update these Marketplace Terms at any time and will notify you of such changes by updating the last updated date above. Any notices of changes that we elect to provide are provided according to Section 4.1 of the Terms of Use. By continuing to use the Marketplace after the changes become effective, you agree to the new terms. If you do not agree to the new terms, you must cease use of the Marketplace.

2. ACCESSING THE MARKETPLACE PLATFORM 

  1. BY REGISTERING FOR AN ACCOUNT, CLICKING “I AGREE”, “CONTINUE”, OR “SIGNUP”, OR BY DOWNLOADING, ACCESSING OR USING THE MARKETPLACE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE, HAVE THE LEGAL CAPACITY TO ENTER INTO THESE MARKETPLACE TERMS, AND ACCEPT AND ARE BOUND BY THESE MARKETPLACE TERMS.

  2. You may use the Marketplace solely for the purposes of posting, requesting, and seeking opportunities for the benefit of yourself or the entity on whose behalf you access the Marketplace and subject to these Marketplace Terms. Subject to these Marketplace Terms, Qwick hereby grants you a non-exclusive, non-transferable right within the United States and its territories and possessions to (i) to access and use the Marketplace and (ii) to access, download, and use the Content made available or otherwise accessible through the Marketplace, strictly in accordance with these Marketplace Terms and any other restrictions stated on the Content. By accessing the Marketplace on behalf of a Business User, you bind such entity to these Marketplace Terms in connection with your activities and requests in connection with such entity.

  3. External Activities. Each Pro User and Business User acknowledges that: (a) its relationship with Qwick is not exclusive and nothing limits Qwick from offering the Marketplace to other individuals and entities; (b) Pro Users are not restricted in providing services to and accepting engagements with any person or entity, including outside of the Marketplace or competitors of Business Users; and (c) unless otherwise agreed in writing, Business Users are not restricted in seeking provision of services from any person or entity, including outside of the Marketplace. 

  4. Additional Terms. By publishing a Gig Posting (as a Business User) or applying for a Gig Posting (as a Pro User), you hereby agree to and are bound by the applicable agreement(s) below, which is incorporated herein by reference:

    1. If you are a Business User, the Business Services Agreement (“BSA”);

    2. If you are a Pro User, for IC Gig Postings and associated Gig Services, the Pro Services Agreement for Independent Contractor Gig Postings (“IC PSA”); and

    3. If you are a Pro User, for W2 Gig Postings and associated Gig Services, the Pro Services Agreement for W2 Gig Postings (“W2 PSA”). 

3. Your ACCOUNT

  1. Account Management. In order to access the Marketplace (including publishing and accepting Gig Postings), you are required to have an Account. You further represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Marketplace, or not otherwise prohibited from registering with Qwick or having an Account (including by previous suspension or termination by Qwick); (3) are not a competitor of Qwick and are not using the Marketplace for reasons that are in competition with Qwick; (4) have full power and authority to enter into these Marketplace Terms and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of Qwick, including intellectual property rights such as copyright or trademark rights; (6) maintain a working mobile phone number that can make and receive calls and texts and provide such telephone number to Qwick and any Business User for which Pro User accepts a Gig Posting; and (7) agree to provide at your cost all equipment, software, internet, and data access necessary to use the Marketplace.

4. ACTIVITIES WITHIN THE MARKETPLACE

  1. Gig Posting Types. Gig Postings will either be directed and available to: (a) Pro Users who are W-2 employees of Qwick (such postings, “W2 Gig Postings” and such eligible Pro Users, “W2 Pros”); or (b) Pro Users performing in the capacity of independent contractors (such postings, “IC Gig Postings” and such eligible Pro Users, “IC Pros”). Each Gig Posting will display an identifier indicating whether it is a W2 Gig Posting or IC Gig Posting.

  2. Gig Posting Content. Each Gig Posting will further provide all relevant information, including: (a) identifying the relevant Business User; (b) date, time, location and duration of requested Gig Services; (c) lawful requirements (e.g. safety obligations); and (d) per hour wage or compensation information, as applicable. As further described in the BSA, 

    1. Business Users are solely responsible for the sufficiency, legality, authorization and timing of each Gig Posting, including identifying all required skills, licenses, competencies, and authorizations. 

    2. As further described in the IC PSA or W2 PSA, as applicable, Pro Users are solely responsible for determining whether to accept or apply to a Gig Posting, including determining whether they are qualified and available to perform the Gig Services.

  3. Pro User and Business User Profiles. The Marketplace may offer the ability of Business Users and Pro Users to create Marketplace-facing profiles or other materials displaying images and information regarding qualifications, skills and prior experience desired or held, as applicable. The content of these profiles are Contributions (as defined in the Terms of Use) and are not monitored, verified or otherwise endorsed by Qwick. From time to time, Qwick may offer to Pro Users optional certifications, badges, or similar designations for display in the profile of Pro Users (“Certifications”) to reflect certain qualifications, or experience. The issuance, content, criteria, and revocation of any such Certifications shall be determined by us in our sole discretion and may be modified or discontinued at any time without notice. Certifications are issued and displayed for informational purposes only and do not constitute endorsements by, or affiliations with, any Business User, Qwick, or third party. A Certification is not a guaranty or warranty: (a) to any Business User; and (b) does not guarantee to any Pro User an offer or acceptance of any Gig Posting.

  4. Matching Technology. Qwick employs proprietary algorithms and other automated software to identify potential matches to a Gig Posting based on the contents of the Gig Posting and the contents of Pro User Accounts and profiles. While Qwick endeavors to provide an initial set of potential Pro Users with relevant qualifications or availability, each Business User is solely responsible for any selection of Pro Users from within or external to the initial match set. 

  5. Communications Between Users and with Qwick. By accessing or using the Marketplace, you consent to receive communications from other Users and Qwick through the Marketplace and your Account. You acknowledge and agree that your communications with other Users and Qwick are “Contributions” (as defined in the Terms of Use) and are governed by the Contribution Standards whether such Contributions are electronically made in the Marketplace, in connection with engagement, performance or receipt of Gig Services, or in connection with your interactions and communications with Qwick and its affiliates.

  6. User Contributions – Ratings and Reviews. The Marketplace may offer Interactive Services providing the opportunity for Business Users and/or Pro Users to provide reviews, comments, or ratings (whether in text, photos, images, audio, or videos) in connection with Gig Postings or Gig Services received or rendered, including reviews and ratings of Business Users and Pro Users (“Ratings and Reviews”). Such Rating and Reviews constitute Contributions and are subject to the Contribution Standards in the Terms of Use. Ratings and Reviews are governed by the Terms of Use together with the following:

    1. As a Business User, you agree that Pro Users (whether by viewing, acceptance of a Gig Posting or performance of Gig Services), may publish Ratings and Reviews in connection with that Gig Posting.

    2. As a Pro User, by accepting a Gig Posting or performance of Gig Services, you agree that the relevant Business User may publish Ratings and Reviews in connection with your performance of Gig Services and related interactions.

    3. You acknowledge and agree that: (i) you will base any Rating or Review on first-hand experience with the subject Business User or Pro User, as applicable; (ii) Pro Users will not provide a Rating or Review for any Business User for which Pro User has an ownership interest or other affiliation or for any competitor of a Business User; (iii) you will not submit a Rating or Review in exchange for payment, free items, additional compensation or other benefits from the subject Business User or Pro User; (iv) any Rating or Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; (v) we may decide to not publish, display, or otherwise make available your Rating or Review for any reason in our sole discretion; (vi) any Rating or Review you submit will comply with our Contribution Guidelines; (vii) a Rating, Review, or photo displayed in connection with a Business User or Gig Services may reflect an in-person experience. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates the Terms, we may remove such Rating or Review without notice and take any additional action, in Qwick’s sole discretion, as we deem necessary or appropriate.

    4. RATINGS AND REVIEWS ARE NOT ENDORSED BY QWICK AND DO NOT REPRESENT THE VIEWS OF QWICK OR ITS AFFILIATES. QWICK SHALL HAVE NO LIABILITY FOR RATINGS AND REVIEWS OR FOR ANY CLAIMS OF ECONOMIC LOSS RESULTING FROM SUCH RATINGS AND REVIEWS.

  7. Matters Between Users. Qwick is not obligated to enforce these Marketplace Terms on behalf of any User against another User. Qwick reserves the right to take or decline to take action in its sole discretion.

  8. Customer Service. The Marketplace may offer customer service and other consultation services either online (by video or text chat) or by phone. Where not prohibited by applicable law, these interactions will be recorded for quality assurance purposes. Access to and use of customer service is subject to the Contribution Standards located in the Terms of Use. You acknowledge and agree that customer services are solely for the purpose of answering technical and other Marketplace use-related questions and do not constitute labor, employment or tax advice. 

5. Fees and Payments

  1. Calculation of Payments for Completed Gig Services Generally. Calculation of payments and fees owed by Business Users and to Pro Users will be completed by Qwick and will be posted on your Account. For each Gig Service, each of Business User and Pro User be asked to submit or confirm the hours worked. This information may be collected automatically or by manual submission by the Pro User using the geo-based timekeeping clock-in and clock-out feature within the Pro Account on the Marketplace. Payments due from Business Users and due to Pro Users will be calculated for each Gig Service completed based on the amounts estimated in the applicable Gig Posting at the time of Pro User acceptance and confirmation of actual time worked for the Gig Services (such completed and confirmed services, the “Completed Gig Services”). Any discrepancies between reported hours worked will be determined by Qwick in its sole discretion after reasonable review of the records and submissions.

  2. Payment Methods. Each Business User and Pro User must provide payment or banking deposit information necessary to facilitate payments of fees and charges under the Marketplace Terms. By adding a payment method to your Account or registering with our payment processor, you authorize us and our payment processors to collect and store your payment method information, and are responsible for any additional fees imposed by payment providers in connection with processing your payments. Each Business User and Pro User further agree to execute any additional reasonably necessary documentation necessary to authorize such transactions in the Marketplace.

  3. Currency. Unless otherwise indicated, all prices and other amounts displayed through the Marketplace are in United States Dollars.

  4. Additional Payment Information. Further details as to the method, timing and calculation of payments and charges are outlined: (a) as to Business User obligations, in the BSA; (b) as to IC Pros, in the IC PSA; and (c) as to W2 Pros, in the W2 PSA. 

6. Communications

  1. Methods. By creating an Account or using the Marketplace, you agree to: (a) accept and receive communications from or on behalf of Qwick, Business Users , Pro Users, and Partners, including via email, text message, direct message, chat, and calls, to the contact information you provide to Qwick when registering an Account or using the Marketplace; and (b) receive communications via push notification or in-app messages in the Marketplace mobile application.

  2. Nature of Messages. The communications in this Section may include, without limitation, commercial or marketing messages, transactional or relationship messages (e.g., messages about the availability of our Site (e.g., interruptions in service), security and/or fraud (e.g., password reset messages), safety, responses to communications initiated by you, updates to policies/legal agreements (e.g., privacy policies, terms of use), newsletters, and messages relating to research or customer support. You acknowledge that receiving commercial or marketing messages or calls is not a requirement or condition for you to use the Site. For purposes of clarity, any message (including text message) or call you may receive from us, a Business User, or a Pro User regarding a Gig Posting or Gig Services is a transactional message, not a commercial, marketing, or promotional message or call.

  3. Text Messages from Qwick. By providing us with your cell phone number (including as part of your Account), you authorize us to send autodialed and pre-recorded, non-marketing, service-related text messages to the phone number provided. You further agree to receiving autodialed and pre-recorded text messages from or on behalf of us at the number provided for marketing or promotional purposes. You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number and that you are authorized to provide these authorizations. 

Message and data rates may apply. The frequency of text messages that we send to you depends on your transactions with the Marketplace. All charges are billed by and payable to your wireless service provider.  Please contact your wireless service provider for pricing plans and details.  Text message services are provided on an “as is” basis and may not be available in all areas at all times. If you do not wish to continue receiving text messages, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out.  You may receive an additional mobile message confirming your decision to opt out.

BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT WE MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.

  1. Communications Regarding Account. You agree that we may communicate with you regarding the Site, your Account and all related activities via your Account or through certain other means including email, mobile number, telephone, or via delivery services including the postal service. You further agree that Qwick and its officers, directors, agents, investors, and employees have no liability connected with or arising from your failure to maintain current and accurate contact information including, without limitation, your failure to receive critical information regarding the Site.

  2. Opt-Out Mechanisms. If you opt out of receiving communications via one channel, that opt out will only apply to the specific channel for which the opt out is submitted (e.g., if you opt out of receiving email communications, it will not apply to any other channels through which communications can be sent). Please see the following for more information:

  3. For marketing email communications that permit opting out (e.g., commercial/marketing messages), there is an unsubscribe mechanism at the bottom of the messages. For transactional or relationship email messages, the only opt-out option is to delete your Account.

  4. For text messages in connection with transactional matters (e.g., Gig Services updates), you cannot opt out of receiving these messages unless you stop using the Marketplace and delete your Account. To opt-out of promotional text messages, reply “STOP” to a text message you receive.

  5. For phone calls, you can submit a request to be added to Qwick’s internal do not call list by making the request during the call or contacting Customer Services at support@qwick.com.

  6. For push notifications, you can toggle or slide off these notifications in the Marketplace mobile application.

  7. To opt out of all communications, the only option is to delete your Account.

7. CONFIDENTIALITY

  1. Scope. In connection with your use of the Marketplace and performance of Gig Services, you may be provided access to Confidential Information of a Disclosing Party.  “Confidential Information” means any non-public information that relates to the actual or anticipated business, research, or development of Business User or Qwick (for the purposes of this Section 6, “Disclosing Party”) and any proprietary information, technical data, trade secrets, and know-how of Company that is disclosed to a Pro User by Company or disclosed to a Business User by Qwick (Pro User or Business Users as receiving party, the “Receiving Party”), either directly or indirectly, in writing, orally, or by drawings or inspection or observation of tangible items. Confidential Information includes, but is not limited to, research, product plans, products, services, suppliers, customer lists, prices and costs, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, marketing, licenses, finances, budgets and other business information, whether or not marked or designated as such. Confidential Information is the sole property of the Disclosing Party.

  2. Exceptions. Confidential Information does not include any information that: (a) was publicly known and made generally available in the public domain prior to the time Company disclosed the information to the Receiving Party; (b) became publicly known and made generally available, after disclosure to the Receiving Party through no wrongful action or inaction of the Receiving Party or others who were under confidentiality obligations; or (c) was in the Receiving Party’s possession, without confidentiality restrictions, at the time of disclosure by the Disclosing Party, as shown by Receiving Party’s files and records.

  3. Nondisclosure and Non-Use. Receiving Party will not disclose the Confidential Information to any third party or use the Confidential Information for any purpose other than: (a) in the case of Pro User (as the Receiving Party) from Company (as the Disclosing Party), the performance of the Gig Services for Business User; and (b) in the case of Company (as the Receiving Party) from Qwick (as the Disclosing Party), its engagement with Qwick. Receiving Party will take all reasonable precautions to prevent any unauthorized disclosure of the Confidential Information. Receiving Party further acknowledges and agrees that Disclosing Party may require that certain Confidential Information or other property not be removed from Disclosing Party’s premises, and agrees to comply with any such requirement.  The obligations of confidentiality and non-use survive the termination of these Marketplace Terms and your Account.

  4. Former Client Confidential Information. During the term of these Marketplace Terms, Receiving Party will not improperly use or disclose any confidential or proprietary information or trade secrets of any former or current customer, client, or other person or entity with whom Receiving Party has an agreement or duty to keep in confidence information acquired by Receiving Party. Receiving Party will not bring onto the premises of Disclosing Party or provide to Qwick or the Marketplace any unpublished document or proprietary information belonging to a third party unless consented to in writing by that third party. Each Receiving Party will indemnify and hold Qwick and its Indemnified Parties harmless from and against all Claims arising out of or in connection with any violation or claimed violation of that Receiving Party’s duty to maintain the confidence of the third party’s information.

  5. Defend Trade Secrets Act of 2016; Other Notices. Receiving Party understands that pursuant to the federal Defend Trade Secrets Act of 2016, Receiving Party 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, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Receiving Party further understands that nothing contained in these Terms limits Receiving Party’s ability to communicate with any federal, state or local governmental agency or commission, including to provide documents or other information, without notice to Disclosing Party.

8. Relationship with Business Users; Disclaimer

QWICK DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY BUSINESS USER OR GIG SERVICES. PRO USER AGREES THAT THE ENTIRE RISK ARISING OUT OF ANY GIG SERVICES REQUESTED BY, OBTAINED FROM, OR PROVIDED TO ANY BUSINESS USER IN CONNECTION WITH THE USE OF THE MARKETPLACE REMAINS SOLELY WITH BUSINESS USER AND PRO USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. QWICK DOES NOT CONTROL, MANAGE OR DIRECT ANY BUSINESS USER. BUSINESS USERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF QWICK.

9. COMPLIANCE WITH LAWS

  1. Business Users and Pro Users are each required to comply with all federal, state, and local laws, including any laws that prohibit unlawful discrimination, harassment, or retaliation in their access to and use of the Marketplace and in connection with performance of Gig Services.

  2. EACH OF BUSINESS USER AND PRO USER AGREES TO NOTIFY QWICK AS SOON AS POSSIBLE IN WRITING OF ANY INCIDENT, OCCURRENCE, OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THE MARKETPLACE OR PERFORMANCE OF GIG SERVICES THAT COULD RESULT IN A LIABILITY OR CLAIM OF LIABILITY TO THE OTHER PARTY, QWICK OR ITS AFFILIATES. FURTHER, THE NOTIFIED PARTY SHALL HAVE THE RIGHT TO INVESTIGATE SAID INCIDENT OR OCCURRENCE AND THE NOTIFYING PARTY WILL COOPERATE FULLY IN THIS INVESTIGATION.

10. Policies and Guidelines

From time to time, Qwick may post policies and guidelines relating to User activities and interaction on the Site and in connection with provision and receipt of Gig Services, including in connection with the safety and security of Pro Users. Such policies, whether contained in separate documents or within the Marketplace Terms, constitute Additional Terms (as defined in the Terms of Use). 

11. Entire Agreement 

These Marketplace Terms (together with the documents and agreements incorporated herein, and the Terms of Use to which these Marketplace Terms are subject) constitute the entire agreement between you and Qwick and supersede all previous agreements or representations, written or oral, with respect to the subject matter hereof. You represent and warrant that you are not relying on any statement or representation not contained in these Marketplace Terms or the documents incorporated by reference. To the extent any terms set forth in any exhibit or schedule conflict with the terms set forth in these Terms, these Terms shall control unless otherwise expressly agreed by the parties in writing.