The Ubii platform (“Ubii Platform”) is a digital marketplace for enabling the connection between individuals seeking to obtain services ("Customers" or “Service Seekers”) and/or individuals seeking to provide services ("SPs" or “Ubiipreneurs”), whether individually or through their business or employer. Customers and SPs together are referred to as "Users". The services, products and/or parts requested by the Customers, which are to be completed by the SPs, are hereinafter referred to as "Professional Services". The Professional Services may include any legal, permitted services for which there is demand in any given community covered by the Ubii Platform. Ubii does not itself provide Professional Services. In all cases, the provision of all Professional Services is up to third party SPs, for which a connection is facilitated through the Ubii Platform.
UBII, THROUGH THE UBII PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES, BUT DOES NOT, AND DOES NOT INTEND TO, PROVIDE SUCH PROFESSIONAL SERVICES ITSELF OR ACT IN ANY WAY AS A PROVIDER OF ANY SERVICE WHATSOEVER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SERVICE OR PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE CUSTOMER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY FOR GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. UBII IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY SP OR PROFESSIONAL THAT PROVIDES PROFESSIONAL SERVICES.
You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Ubii Platform and not interfere with the use and enjoyment of the Ubii Platform by other users or with 's operation and management of the Ubii Platform. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information, credentials or materials on the Ubii Platform, including, without limitation, information required to be provided through the Ubiipreneur or Customer registration form or Background Check Form. To the extent that there is a change with any information that you provided to Ubii in order to gain access to the Ubii Platform, whether during registration or otherwise, which would materially affect your eligibility to be active within the Ubii Platform, you are required to inform Ubii immediately, in writing, and are required to refrain from accessing and using the Ubii Platform. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Ubii reserves the right to terminate your access and use of the Ubii Platform. You will, at all times, meet all the requirements necessary for you to perform the jobs for which you are listed in the Ubii Platform (including any licensing, insurance, bonding or other requirements) and will cease to be listed or accept any jobs in the event that there is a change where you no longer meet all the requirements imposed by applicable laws and regulations. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Ubii Platform, or defame or otherwise harm any party through your use of the Ubii Platform.
In addition, you also agree that you will not use the Ubii Platform to:
The content of the Ubii Platform includes, without limitation, (i) Ubii's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "Ubii Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "Ubii Content"). Ubii Content is the property of the Ubii, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Ubii Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. Any use of the Ubii Marks without Ubii's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Ubii Content, including any such notices appearing on any Ubii Content you are permitted to download, transmit, display, print, or reproduce from the Ubii Platform.
Ubii performs a background check of SPs at the time of application through AccurateBackground.com (“Accurate”), a third party background screening company, who is accredited by the Background Screening Credentialing Council. The background check is not exhaustive and can be subject to reporting errors, including inability to locate information that would have been relevant in making a determination that would have excluded the SP from joining our network. Moreover, each Customer is highly advised to exercise caution and common sense as well as conduct its own investigation of each SP prior to hiring such SP to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Likewise, each SP is highly advised to exercise caution and common sense when agreeing to accept a Customer request to perform a job. BY USING THE UBII PLATFORM, THE CUSTOMER AND THE SP AGREE TO INDEMNIFY AND TO HOLD UBII FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE OR INJURY OF ANY TYPE THAT MIGHT ARISE OUT OF THE CONNECTION OF ANY SP WITH A CUSTOMER. UBII IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING CUSTOMER OR SPs, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES OR FROM ANY LIABILITY RELATING TO A CONNECTION TO A PROFESSIONAL AND OR A CONNECTION TO A CUSTOMER, INCLUDING NON-PAYMENT BY A CUSTOMER, INCOMPLETE WORK, DAMAGE TO PROPERTY, FAILURE TO SHOW UP, PERSONAL INJURY OR DEATH. UBII MAY, AT ITS OWN AND SOLE DISCRETION, CHANGE ITS BACKGROUND CHECK POLICY WITHOUT FURTHER NOTICE.
Unless otherwise noted on the SP’s profile page, Ubii uses the following procedures for new SPs who are applying for membership to our network within the United States:
OUR THIRD PARTY SCREENING SERVICE PARTNERS PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED BY THE SP (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER). NO BACKGROUND CHECKS ARE PERFORMED ON ANY PERSONS THAT ACCOMPANY THE SERVICE PROVIDER TO A GIVEN JOB, OR ANY PERSONS THAT ARE NOT SPECIFICALLY LISTED IN OUR PLATFORM. THIS INCLUDES THE FACT THAT IF A SERVICE PROVIDER SENDS INDIVIDUALS THAT ARE NOT LISTED IN THE PLATFORM TO PERFORM A JOB, THOSE INDIVIDUALS HAVE NOT GONE THROUGH A BACKGROUND CHECK PROCESS.
NOTE: UBII AND/OR ITS SCREENING PARTNER(S) PERFORM SCREENING SOLELY AT THE TIME THE SP APPLIES FOR MEMBERSHIP IN OUR NETWORK, OR AT OTHER TIMES AS DETERMINED SOLELY BY UBII, IN ITS SOLE AND ABSOLUTE DISCRETION AND THEREFORE AN SP'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, UBII CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS CORRECT OR UP TO DATE AND IS UNDER NO OBLIGATION TO UPDATE AN SP'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH AN SP YOU VERIFY THAT ANY INFORMATION PRESENTED IN THE SP'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate Accounts” or “Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, Customers may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, Ubii does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: Ubii allows Service Professionals to post profiles about themselves and their business on its platform. In their individual profiles, SPs may describe their services, years of experience, report whether they hold any licenses, certification or insurance and pictures or videos as samples of their work. Ubii does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. Ubii makes no representations or warranties regarding any information posted by an SP and assumes no liability for such information. All consumers are encouraged to verify all information provided in SP profiles before deciding to hire an SP.
The above procedures may change from time to time at the sole discretion of Ubii. Ubii does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment. When it comes to screening, every system has its flaws because no background system is perfectly accurate. Ubii does not represent or warrant that the information received from any state, county or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Ubii or its third party screening partners check such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: UBII EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, ABILITY TO PERFORM A JOB OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS CORRECT, TIMELY OR ERROR FREE.
Certain states, counties, local or other authorities may require that an SP or business hold a specific trade licensing for the services for which we match them to Service Seekers. Ubii does NOT confirm any licensing information provided on an SP profile page, if any. Moreover, this information may change from time to time. As such, we recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities before hiring an SP and proceeding with any project. We always recommend that you ask the SP or business to provide you with a copy of their license for your records.
The Ubii Platform allows each SP to determine its own fee schedule for the Professional Service ("Job Fees"). This may vary depending on factors, such as location, time of service, and skills required. While Ubii may provide access to typical pricing information for certain job categories from time to time, it does not mandate a fee schedule for Professional Services. Customers can review each listed SP’s fee schedule, if they posted, and decide who to choose based on fees or other factors.
When a Customer reaches out to a SP and sends a request for service, the SP can choose to accept or deny such request. If the SP accepts the request, SP agrees to, and will automatically be charged, a connection fee (“Connection Fee”). Each SP authorizes Ubii to charge their PayPal account (or other account accepted by Ubii ) for the Ubii Connection Fees, as determined by Ubii from time to time. This may include payment of any applicable taxes, fees or third-party service costs. Connection Fees are non-refundable, including for records we remove, delay, omit, re-categorize, re-rank, or otherwise display. You understand that the Connection Fees charged by Ubii, upon acceptance of a lead by a SP, are non-refundable and do not guarantee that the SP is selected by the Customer to perform a job. Ubii reserves the right to change any fees without further notice.
By providing your phone number and using the Ubii Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services and/or Merchandise, if applicable. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Ubii Platform. You agree to Ubii’s use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with an SP or Customer using a telephone number provided by Ubii. During this process, Ubii and its third party service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Ubii’s use and disclosure of this call data for its legitimate business purposes.
Ubii may send you confirmation and other transactional emails regarding the Professional Services. Ubii, its affiliates or partners may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or by contacting us.
Ubii provides a software platform which allows Service Seekers to connect with independent SPs. Ubii is not the employer of any SP. You acknowledge that we do not supervise, direct, or control a SP’s work or Professional Services performed in any manner. A SP provides services to Customers as an independent contractor, at Customer’s request, and is not an employee, joint venture, partner, agent, or franchisee of Ubii for any purpose whatsoever. By accessing the Ubii Platform, Customers hereby indemnify Ubii of any and all claims for liability whatsoever. Furthermore, by accessing the Ubii Platform, SPs are acknowledging that they are independent contractors and will indemnify Ubii of any and all liability whatsoever, and of any claims by anyone that allege that there exists an employment relationship.
If you agree to the TOU and (1) are of sufficient age and capacity to use Ubii and be bound by the TOU, or (2) use Ubii on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use Ubii in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from Ubii, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub-licensable license to use, copy, display, distribute, and make derivative works from any content you post.
Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with Ubii, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use unless specifically authorized by Ubii in writing. You agree not to copy/collect Ubii content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts or any postings that are intended to avoid paying Ubii’s fees are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Ubii's policies or rules referenced above or by applicable law ("Prohibited Content"). You agree: (a) not to abuse Ubii's flagging or reporting processes, (b) not to collect Ubii User information or (c) not to interfere with Ubii. You agree we may moderate Ubii access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account at our sole discretion. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Violation of this section shall be subject to the maximum damages allowed by law.
To the full extent permitted by law, Ubii LLC, and its officers, directors, employees, agents, licensors, affiliates, partners, shareholders and successors in interest ("Ubii Entities") (1) make no promises, warranties, or representations as to Ubii, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Ubii on an "AS IS" and "AS AVAILABLE" basis and any risk of using Ubii is assumed by you in its entirety; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Ubii. Ubii Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Ubii, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
Any claim, cause of action, demand, or dispute arising from or related to Ubii ("Claims") will be governed by the laws of the State of Florida, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Palm Beach County, Florida (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Palm Beach County, Florida; (2) indemnify and hold Ubii Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of Ubii; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Ubii owns any associated logos or trademarks registered with the U.S. Patent and Trademark Office and with multiple trademark offices around the world for all Ubii or Ubiipro designations.
Users complying with prior written licenses may access Ubii thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. If you reasonably believe content infringes your IP rights, see Ubii.com/dmca-policy. Questions? Email firstname.lastname@example.org.
If you have any questions regarding this Agreement, please contact us at legal@Ubii.com or by mail at the below address:
Ubii LLC d/b/a Ubii
P.O. Box #8960,
Deerfield Beach, FL 33441
Last updated: 10-8-19