1. Service Provider & Introduction
YoZombie is provided by, and access to the Platform is offered by:
YoZombie, L.L.C.
Registered Mailing Address: P.O. Box 128, Galesville, Maryland 20765, USA
Organized under the laws of the State of Maryland, United States of America.
By accessing or using the YoZombie platform ("YoZombie," "we," "us," or "our"), these Terms of Service ("Terms") govern access to and use of the YoZombie platform and related services (the "Platform").
These Terms form a binding legal agreement between the Worker (also referred to as "Contractor" or "Gig Worker") and YoZombie, L.L.C. These Terms apply only to individuals using the Platform to view, accept, perform, and complete short-term contract work opportunities ("Gigs"). Businesses that post or manage Gigs are governed by the separate YoZombie Terms of Service for Businesses.
Marketplace Notice: YoZombie operates a technology marketplace that connects Businesses and independent Workers. YoZombie is not a party to any agreement between a Business and a Worker, does not provide the services offered in any Gig, and does not supervise, direct, or control how a Worker performs any Gig.
By accessing or using the Platform, the Worker acknowledges having read, understood, and agreed to be bound by these Terms, including any future modifications. If these Terms are not accepted, the Platform must not be used.
Important Notice: Nothing in these Terms creates an employment, agency, or partnership relationship between the Worker, any Business, and YoZombie. Workers using the Platform do so as independent contractors and are solely responsible for their own taxes, insurance, permits, and compliance with applicable labor, tax, and business laws.
2. Age Requirements
You must be at least 18 years old to create a Worker account or use the YoZombie Platform to accept or perform gigs. By using YoZombie, you represent and warrant that you meet this age requirement and have the legal capacity to enter into binding contracts as an independent contractor.
If you are under 18, you are not permitted to register, access, or use the Platform in any capacity. YoZombie does not knowingly allow minors to participate in gig-related work or contractual activities. If YoZombie becomes aware a Worker is under 18, YoZombie may suspend or terminate the account.
3. Definitions
For clarity and consistency, the following definitions apply throughout these Terms of Service for Workers:
- "Worker" refers to any individual who registers for a Worker account and uses the YoZombie Platform to view, accept, perform, and complete Gigs posted by a Business. Workers act as independent contractors and are not employees, agents, or representatives of YoZombie or any Business.
- "Business" means any individual, company, or organization that registers a Business account on the YoZombie Platform to post, manage, or pay for Gigs performed by Workers.
- "Gig" refers to a short-term, temporary, or on-demand work opportunity posted by a Business and accepted by one or more Workers through the YoZombie Platform.
- "Marketplace" means the technology platform operated by YoZombie that enables Businesses and Workers to connect, communicate, and enter into arrangements directly with each other for the performance of Gigs. YoZombie is not a party to any agreement between a Business and a Worker.
- "Platform" or "YoZombie Platform" means the proprietary software, mobile application, website, and associated services operated by YoZombie, L.L.C.
- "Platform Fee" refers to the transparent flat fee charged to Businesses per Worker slot or per Gig, as disclosed at the time of posting. Platform Fees are retained by YoZombie, L.L.C. and do not constitute wages or compensation to Workers.
- "Worker Pay" means the total amount offered by a Business and accepted by a Worker for completing a Gig, processed through Stripe Connect.
- "Stripe Connect" refers to the third-party payment processing service integrated into the YoZombie Platform. YoZombie does not act as a bank, money transmitter, or escrow agent.
- "User Content" means any text, photos, videos, reviews, ratings, messages, or other materials uploaded or transmitted by a Worker through the Platform.
- "Account" means the registered Worker profile created to access and use the YoZombie Platform.
- "You" or "Your" refers to the Worker accessing or using the YoZombie Platform under these Terms.
4. Contents
- Service Provider & Introduction
- Age Requirements
- Definitions
- Contents
- Relationship of the Parties
- Using the Platform (Gigs, Payments, and Stripe Connect)
- Worker Classification
- Gigs, Payments, and Completion Terms
- Platform Fee Structure
- Gig Cancellation and No-Show Policy
- Gig Completion and Dispute Resolution
- Rating and Trust System
- Privacy and Data Use
- Account Deletion
- Prohibited Uses
- Liability and Indemnification
- Governing Law and Arbitration
- Updates to Terms
- Force Majeure
- Severability, Waiver, Entire Agreement, Assignment, and Electronic Consent
- Contact Information
5. Relationship of the Parties
5.1 Independent Contractor Relationship
YoZombie operates solely as a neutral technology marketplace that connects independent Workers with Businesses for short-term contract work opportunities ("Gigs"). Nothing in these Terms or in use of the Platform shall be construed to create any relationship of employment, agency, partnership, or joint venture between YoZombie and any Worker or Business.
- Workers engage through the Platform as independent contractors.
- YoZombie does not control or direct the manner or means by which Workers perform services.
- Workers have full discretion to accept or reject Gigs.
- Businesses have no authority to act on behalf of YoZombie, and YoZombie has no authority to act on behalf of any Worker.
5.2 Separate Agreements
When a Worker accepts a Gig posted by a Business, a separate, direct contractual relationship is formed between that Worker and the Business. YoZombie is not a party to that agreement and assumes no responsibility for the performance, quality, timeliness, or outcome of any services performed.
5.3 No Employment or Benefits
Workers engaged through the Platform are not entitled to employment benefits, workers' compensation, unemployment insurance, or any other employee rights or privileges under local, state, or federal law. Workers are solely responsible for their own income reporting, tax payments, insurance coverage, and legal compliance related to independent contractor status.
5.4 No Background Checks
YoZombie does not perform criminal background checks, reference verifications, or employment screenings on Workers beyond the identity verification administered by Stripe Connect during onboarding. Businesses are responsible for their own assessment of Worker suitability.
5.4 Taxes and Withholdings
YoZombie does not withhold or remit taxes on behalf of any Worker. Workers are responsible for reporting and paying applicable taxes, including income and self-employment taxes, in accordance with federal, state, and local laws.
5.5 Acknowledgment
Use of the Platform constitutes acknowledgment that YoZombie's role is limited to facilitating introductions, communications, and payment processing through third-party providers. All employment, tax, and legal obligations rest solely with the contracting parties — the Worker and the Business.
6. Using the Platform (Gigs, Payments, and Stripe Connect)
6.1 Overview
YoZombie provides a digital platform that allows independent Workers to browse, accept, and complete short-term work opportunities ("Gigs") posted by Businesses. Workers have full discretion to choose which Gigs to accept. YoZombie does not guarantee any minimum number of Gigs, income level, or ongoing work availability.
6.2 Accepting Gigs
When a Worker accepts a Gig, the Worker is responsible for reviewing the Gig details (including pay, scope, location, start/end time, and requirements) before accepting, and for communicating through in-app messaging as needed. Each accepted Gig forms a direct contract between the Worker and the posting Business. YoZombie is not a party to that contract.
6.3 Payments Processed Through Stripe Connect
All Gig payments are processed through Stripe Connect. YoZombie does not act as a bank, money transmitter, or escrow agent, and does not take custody of Worker funds. To receive payouts, a Worker must maintain a connected Stripe account and provide accurate information required by Stripe. When the Gig is marked complete in the Platform, Stripe will initiate payout of Worker Pay, subject to Stripe's processing timelines and any applicable holds. Any payout timing estimates shown in the app are informational only and not guaranteed.
6.4 Failed, Delayed, or Reversed Payments
YoZombie is not responsible for delays, failures, or reversals caused by Stripe, banks, card networks, incorrect payout details, chargebacks, compliance reviews, or risk controls.
6.5 Fraud and Policy Violations
YoZombie may suspend, limit, or terminate access to the Platform where YoZombie reasonably suspects fraud, repeated abuse, or violations of these Terms.
6.6 Payment Records
Payment history and payout status are available in the Worker dashboard. All payments are processed in U.S. Dollars (USD).
6.7 Taxes and Reporting
YoZombie does not withhold or remit taxes on behalf of Workers. Workers are responsible for reporting and paying applicable taxes. Stripe and/or the applicable payment entity may issue tax forms where legally required.
6.8 Non-Circumvention
Workers must not solicit or accept off-platform payments for any Gig posted, accepted, or performed through YoZombie.
7. Worker Classification
7.1 Independent Contractor Status
Workers engage through the YoZombie Platform as independent contractors. YoZombie provides technology that connects Businesses with independent Workers for short-term contract work opportunities. YoZombie does not hire, manage, or supervise Workers, and does not control how work is performed.
7.2 No Employment Relationship
Workers are not employees of YoZombie or of any Business posting Gigs. Accordingly:
- No wages, benefits, or insurance coverage are provided by YoZombie.
- No federal, state, or local employment taxes are withheld or paid by YoZombie.
- Workers are not entitled to workers' compensation, unemployment insurance, or other employment-related benefits.
- Each accepted Gig represents a separate, independent contract between the Worker and the Business.
7.3 Control of Work
Workers determine their own methods, tools, and manner of performance to complete Gigs, subject only to the Gig's stated scope, schedule, location, legitimate coordination requirements, and applicable safety requirements.
7.4 Right to Work for Others
Workers are free to perform services for any other company or client. These Terms do not create exclusivity requirements.
7.5 Compliance and Classification Responsibilities
Businesses are responsible for their own compliance with applicable tax, labor, and worker-classification laws for engagements with Workers. Nothing in these Terms is intended to require or encourage any Business to misclassify any Worker.
7.6 Tax Responsibility and Reporting
Workers are solely responsible for reporting and paying all required income and self-employment taxes and maintaining accurate tax records. Stripe and/or the applicable payment entity may issue required tax forms or other tax documentation where legally required. YoZombie does not provide tax advice.
7.7 No Agency or Partnership
Nothing in these Terms creates a partnership, joint venture, franchise, or agency relationship between YoZombie, any Business, or any Worker.
8. Gigs, Payments, and Completion Terms
8.1 Overview
Workers may browse and accept short-term work opportunities ("Gigs") posted by Businesses through the YoZombie Platform. Each Gig includes details such as Worker Pay, location, schedule, and any stated requirements. Acceptance of a Gig constitutes agreement to perform the Gig in good faith as described and to maintain professionalism and safety during the engagement.
8.2 Gig Acceptance and Commitment
- Workers are under no obligation to accept any Gig.
- Once a Gig is accepted, the Worker agrees to perform the listed work in good faith and complete it according to the Gig's description and stated requirements.
- A Worker may cancel a Gig before it starts, but repeated or last-minute cancellations (see Section 10) may result in account suspension or other Platform actions.
- Failure to appear for an accepted Gig may result in forfeiture of Worker Pay and account suspension.
- Each accepted Gig forms a direct contract between the Worker and the Business. YoZombie is not a party to that contract.
8.3 Payment Flow via Stripe Connect
All Gig payments are processed through Stripe Connect. The Business authorizes Stripe to charge the amounts due for the Gig. When a Gig is marked complete in the Platform, Stripe will initiate payout of Worker Pay to the Worker's connected account and remit the applicable Platform Fee to YoZombie, subject to Stripe's processing timelines and any applicable holds. YoZombie does not act as a bank, money transmitter, or escrow agent. Any payout timing estimates shown in the Platform are informational only and not guaranteed.
8.4 Confirmation of Completion
A Gig is considered complete when it is marked complete in the Platform in accordance with these Terms. If one party does not confirm completion or a dispute is raised, YoZombie may review relevant Platform records (including check-in/check-out data, activity logs, and in-app messages) solely for purposes of Platform administration and dispute handling.
8.5 Late Cancellation Payment
If a Business cancels a Gig within one (1) hour of its scheduled start time, the Worker will receive a $15 late cancellation payment through Stripe Connect in accordance with these Terms. Otherwise, no partial payment applies unless required by applicable law or unless YoZombie determines through the Platform dispute process that a different outcome is appropriate.
8.6 Chargebacks and Disputes
If a Business initiates a chargeback or payment dispute, YoZombie may cooperate with Stripe and provide relevant Platform records. If a payment is reversed due to fraud, a chargeback, or policy violations, the Worker may be required to return the disputed amount, including through deductions from future payouts where permitted.
8.7 Taxes and Reporting
Workers are solely responsible for reporting and paying all applicable taxes, including income and self-employment taxes. YoZombie does not issue tax forms for payments processed through Stripe Connect and does not provide tax advice.
8.8 No Guarantee of Work
YoZombie is a neutral technology marketplace and does not guarantee any minimum number of Gigs, earnings, or specific results.
8.9 Currency
All payments, fees, and refunds are processed in U.S. Dollars (USD).
9. Platform Fee Structure
9.1 Fee Overview
Each Gig listed on the Platform displays the Worker Pay amount offered by the Business for that Gig. Platform Fees are paid by the Business posting the Gig — not by the Worker.
9.2 Fee Transparency
Businesses pay a flat Platform Fee per Worker slot at the time of posting, based on the Worker Pay amount:
| Worker Pay Range | Platform Fee (per Worker) |
|---|---|
| $0 – $99 | $12 |
| $100 – $149 | $15 |
| $150 – $249 | $20 |
| $250+ | $25 |
9.3 No Worker Deductions
Worker Pay is the amount offered and accepted for completing a Gig. YoZombie does not deduct Platform Fees or referral payouts from Worker Pay. Stripe and/or the applicable payment entity may apply processing, payout, or banking fees in accordance with Stripe's terms and the Worker's payment method.
9.4 Timing of Payments
When a Gig is marked complete in the Platform, Stripe will initiate payout of Worker Pay to the Worker's connected account, subject to Stripe's processing timelines, bank processing, and any applicable holds. YoZombie does not act as a bank, money transmitter, or escrow agent and does not take custody of Worker funds.
9.5 What the Platform Fee Covers
The Platform Fee (paid by Businesses) supports payment processing and payout facilitation through Stripe Connect, referral programs and incentives, Platform maintenance and cloud infrastructure, and administrative, safety, fraud-prevention, and compliance costs.
9.6 Tax Handling
Workers are independent contractors and are responsible for their own taxes. YoZombie does not withhold or remit taxes and does not provide tax advice.
9.7 Fee Changes
If YoZombie updates its Platform Fee structure, such changes affect only Businesses. Worker Pay for each Gig will remain clearly visible in the Platform before acceptance.
10. Gig Cancellation and No-Show Policy
10.0 Key Definitions
- "Scheduled Start Time" — the start time shown in the Platform for the Gig (as determined by Platform records and server timestamps).
- "Late Cancellation Window" — less than one (1) hour before the Scheduled Start Time.
- "No-Show Window" — the first eighteen (18) minutes after the Scheduled Start Time (unless the Platform displays a different window for a specific Gig).
10.1 Business-Initiated Cancellations
A Business may cancel a Gig prior to its Scheduled Start Time. If a Worker accepted the Gig:
- More than one (1) hour before start: no cancellation payment is due to the Worker.
- Less than one (1) hour before start: the Worker will receive a $15 late-cancellation payment for that Gig, processed through Stripe Connect.
10.2 Worker-Initiated Cancellations
If a Worker cancels after accepting a Gig, the Worker will not be paid for that Gig. Repeated or last-minute cancellations may result in account limits, suspension, or removal to protect marketplace reliability.
10.3 No-Show / Failure to Check In (QR Check-In Requirement)
If a Gig requires QR check-in and the Worker does not successfully check in within the No-Show Window (18 minutes from the Scheduled Start Time):
- The Worker will not be paid for that Gig, unless YoZombie determines through the Platform dispute process that a verified technical error or other qualifying exception applies.
- The Business may be eligible for a refund for that Gig under the Business Terms.
- A Worker may submit a dispute under Section 11 if the no-show result is believed to be incorrect (for example, app failure or verified arrival).
10.4 YoZombie-Initiated Cancellations
YoZombie may cancel a Gig where YoZombie reasonably suspects fraud, abuse, safety risks, violations of these Terms or Stripe policies, or where technical or payment failures occur. If a Gig is canceled for reasons unrelated to Worker conduct, YoZombie may determine in good faith whether any payment, partial payment, or credit applies.
10.5 Payment Timing
Any cancellation payments (including the $15 late-cancellation payment) are processed through Stripe Connect. Stripe processing and banking timelines may affect when funds appear.
10.6 Force Majeure
YoZombie is not liable for cancellations or payment delays caused by events beyond reasonable control (e.g., severe weather, natural disasters, outages, or government actions). YoZombie may waive fees or provide credits in its discretion.
10.7 Platform Role / No Guaranteed Outcomes
YoZombie acts as a neutral technology platform facilitating marketplace activity and payment processing through third parties. Except as required by law, YoZombie is not responsible for losses or missed earnings due to cancellations, rescheduling, or third-party payment delays.
11. Gig Completion and Dispute Resolution
11.1 Confirmation of Completion
A Gig is considered complete when both the Worker and the Business confirm completion in the Platform, or when the Platform marks completion after the applicable verification period if no dispute is filed within the required timeframe. Once marked complete, Stripe will initiate payout to the Worker's connected account, subject to Stripe processing timelines and any applicable holds.
11.2 Filing a Dispute
A Worker may file a dispute if the Worker believes the agreed work was performed but payment was unfairly denied; the Business materially misrepresented the Gig scope or pay terms; or misconduct, unsafe conditions, or other serious issues occurred during the Gig. Disputes must be filed within forty-eight (48) hours of the scheduled completion time using the in-app dispute form.
11.3 Evidence Submission and Review
During review, YoZombie may request additional information and may review relevant Platform records (including check-in/check-out data, activity logs, and in-app messages). Stripe and/or the applicable payment entity may restrict, delay, or hold availability of related funds pending resolution.
11.4 Determination and Outcome
YoZombie will issue a decision in good faith for purposes of Platform administration. This decision does not waive any rights either party may have under applicable law. If a Worker disagrees with the outcome, the Worker may pursue the process described in Section 17 (Governing Law and Arbitration).
11.5 Timing and Notification
YoZombie will make commercially reasonable efforts to resolve disputes within ten (10) business days after receiving all necessary information. Updates and the final decision will be provided through the Platform and may also be sent to the registered email address.
11.6 Arbitration Option
If a Worker disagrees with YoZombie's final decision, the Worker may pursue binding arbitration as outlined in Section 17 (Governing Law and Arbitration). YoZombie's internal evidence and investigation record may be submitted in arbitration proceedings.
12. Rating and Trust System
12.1 Overview
YoZombie uses a reputation-based "Trusted By" system to promote fairness, reliability, and accountability between Workers and Businesses. After each completed Gig, the Worker and the Business answer a single question: "Would you work with this person again?"
12.2 How Businesses Rate Workers
After every completed Gig, the Business will select either "Yes" or "No." A "Yes" adds one "Trusted by Businesses" point to the Worker profile. A "No" is not displayed publicly and may be used for internal review. If a Worker receives ten (10) or more "No" responses, the account may be flagged for administrative review.
12.3 How Workers Rate Businesses
A Worker may rate a Business after each completed Gig. A "Yes" adds one "Trusted by Workers" point to the Business profile. A "No" is not displayed publicly but may trigger review if multiple Workers report unprofessional or unsafe conduct.
12.4 Display and Data Retention
Worker profiles display the number of positive responses (for example, "Trusted by 12 Businesses"). Only positive "Yes" responses are publicly visible. YoZombie may retain anonymized rating and trust data for fraud prevention, trust and safety analysis, and Platform integrity.
12.5 Prohibited Conduct
Manipulating or interfering with the trust system is prohibited, including creating fake Gigs or colluding to boost ratings; offering incentives or rewards for positive ratings; leaving retaliatory, false, or discriminatory feedback; and using multiple Accounts to manipulate trust data.
12.6 Platform Oversight
Ratings reflect user opinions and are not verified statements of fact. YoZombie does not independently verify ratings and is not responsible for reputational or financial impacts resulting from user-generated feedback.
13. Privacy and Data Use
13.1 Data Collection and Purpose
YoZombie collects information reasonably necessary to operate, improve, and secure the Platform, including account details, Gig participation history, payments status, in-app communication records, and device and usage data. YoZombie does not sell personal data.
13.2 Payment Information
Payment processing and related tax reporting data are handled through Stripe Connect. YoZombie does not store full card numbers, full bank routing details, or taxpayer identification numbers.
13.3 Data Hosting and Security
YoZombie uses Firebase (Google Cloud Platform) for authentication, database, and hosting. YoZombie applies administrative, technical, and physical safeguards designed to protect information against unauthorized access, disclosure, alteration, or destruction.
13.4 Communication and Messaging
All communication between Workers and Businesses must occur through the in-app messaging system. Sharing personal contact information or communicating outside the Platform to circumvent Platform rules is prohibited. Messages are encrypted in transit and stored for purposes such as dispute resolution, fraud prevention, and Platform integrity.
13.5 Data Sharing and Legal Disclosure
YoZombie may share limited information as required by law (for example, in response to a valid court order, subpoena, or other legal process), and/or with vetted service providers that support Platform operations, subject to confidentiality obligations and data protection terms.
13.6 Breach Notification
If YoZombie becomes aware of a data breach that may compromise user information, YoZombie will notify affected users and/or regulators as required by applicable law.
13.7 User Rights and Data Requests
Workers may request access to, correction of, or deletion of personal data by contacting support@yozombie.com. Requests may be denied or delayed where information must be retained for legitimate business purposes or legal obligations. See our full Privacy Policy for complete details.
13.8 Data Retention
YoZombie retains Worker data only for as long as reasonably necessary to operate the Platform, resolve disputes, prevent fraud, and comply with applicable legal, tax, and record-keeping obligations.
13.9 Cross-Border Transfers and Compliance
Data may be stored or processed in the United States or other jurisdictions where YoZombie or its service providers operate. YoZombie applies data protection measures consistent with applicable U.S. law.
13.10 Limitation of Liability (Data Security)
While YoZombie uses safeguards designed to protect information, no system is completely immune from unauthorized access or breaches. To the fullest extent permitted by law, YoZombie disclaims liability for damages resulting from unauthorized access, loss, or alteration of data, except to the extent caused by YoZombie's gross negligence or willful misconduct.
14. Account Deletion
14.1 Right to Request Deletion
Workers may request deletion of a YoZombie Account at any time using the in-app deletion feature or by emailing support@yozombie.com. Deletion requests must originate from the verified Account email address.
14.2 Legal and Operational Limitations
YoZombie may delay or deny deletion until all accepted Gigs have been completed, canceled, or expired; all payments, refunds, disputes, or chargebacks have been fully processed; any investigation, fraud review, or policy enforcement has concluded; and applicable laws and record-keeping obligations permit deletion.
14.3 Consequences of Deletion
Once deletion is processed, personally identifiable information not required for legal, compliance, dispute-resolution, fraud-prevention, or record-keeping purposes will be deleted or anonymized. Minimal identifying and transactional data may be securely retained only to the extent reasonably necessary to reconcile payments, resolve disputes, and maintain Platform integrity. Account access is revoked upon deletion and cannot be restored.
14.4 Irreversible Nature of Deletion
Account deletion is final. To use the Platform again after deletion, a new registration and verification process is required.
15. Prohibited Uses
15.1 General Restrictions
Use of the YoZombie Platform must not violate any applicable law; infringe any third party's intellectual property, privacy, or publicity rights; bypass, disable, or interfere with Platform controls; post unlawful or harmful material; engage in fraudulent or deceptive behavior; use bots or automation to manipulate Gigs or ratings; or upload viruses, malware, or other harmful code.
15.2 AI and Automated Manipulation Restrictions
Workers must not use artificial intelligence or automation tools to submit false evidence, generate inauthentic messages, reviews, or ratings; create "deepfake" materials or synthetic identities; or use Platform data for AI training, dataset collection, or machine-learning purposes without prior written approval from YoZombie.
15.3 Payment Integrity
Workers must not solicit or accept off-Platform payments for any Gig posted, accepted, or performed through YoZombie; circumvent or interfere with Stripe Connect's payment processing; submit false completion confirmations or manipulate payment status; or collude with Businesses or other Workers to alter, inflate, withhold, or misrepresent payments or Gig outcomes.
15.4 Platform Integrity and Security
Reverse engineering, copying, decompiling, or commercial exploitation of YoZombie's proprietary software, databases, or algorithms is prohibited, except to the extent permitted by applicable law.
15.5 Platform Monitoring and Limited Review
YoZombie does not guarantee continuous monitoring of all Platform activity and is not responsible for user-generated content or misconduct by third parties. However, YoZombie may review activity and investigate reports where YoZombie reasonably believes violations, fraud, safety risks, or legal compliance obligations are implicated.
15.6 Consequences of Violation
Violations of these Terms may result in account limitations, suspension, or termination; removal of content, Gigs, or ratings; restriction, delay, or reversal of payouts; and/or legal action or referral to law enforcement where appropriate.
16. Liability and Indemnification
16.1 Marketplace Role; No Employment Relationship
YoZombie operates a technology marketplace that connects independent Workers with independent Businesses for short-term contract work. YoZombie is not a party to any agreement between a Worker and a Business and does not supervise, direct, or control any work performed. To the fullest extent permitted by applicable law, YoZombie is not liable for actions, omissions, or representations made by a Business or Worker; or disputes, injuries, losses, damages, or claims arising out of or related to engagements initiated through the Platform.
16.2 Platform Provided "As Is"
To the fullest extent permitted by applicable law, YoZombie provides the Platform on an "as is" and "as available" basis, without warranties of any kind. YoZombie does not warrant that the Platform will operate without interruption or error; that Gig postings or communications are truthful or accurate; or that any minimum number of Gigs will be available.
16.3 Limitation of Liability
To the maximum extent permitted by applicable law, YoZombie's total cumulative liability to any Worker for any claims arising out of or relating to these Terms or the Platform will not exceed one hundred dollars ($100 USD). YoZombie will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of income, data, goodwill, or work opportunities.
16.4 Indemnification by Worker
To the fullest extent permitted by applicable law, the Worker agrees to defend, indemnify, and hold harmless YoZombie, its affiliates, and its and their officers, directors, employees, and agents from and against all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to violation of these Terms; negligent, reckless, or intentional acts or omissions in connection with any Gig; disputes between the Worker and any Business or other user; or claims that the Worker's conduct or User Content violated applicable law or third-party rights.
16.5 Survival
Obligations under this Section survive termination, suspension, or expiration of these Terms and remain in effect for as long as necessary to resolve pending claims or disputes.
17. Governing Law and Arbitration
17.1 Governing Law
These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms, are governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict-of-law principles. YoZombie is based in Anne Arundel County, Maryland.
17.2 Informal Resolution Required Before Arbitration
Before initiating arbitration, written notice of the dispute must be provided to YoZombie with a reasonable opportunity to resolve it informally. The notice must include: (i) the Worker's name and Account email, (ii) a description of the dispute, and (iii) the relief requested. If the dispute is not resolved within thirty (30) days after YoZombie receives notice, either party may initiate arbitration.
17.3 Agreement to Binding Arbitration
Except where prohibited by law, and except for the small-claims exception in Section 17.6 and the equitable relief provision in Section 17.7, all disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or any relationship between the Worker and YoZombie will be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, conducted in Anne Arundel County, Maryland.
BY AGREEING TO THESE TERMS, THE WORKER AND YOZOMBIE WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
17.4 Arbitration Procedure and Fees
Arbitration will be conducted by a single neutral arbitrator appointed in accordance with AAA rules. Each party will bear its own costs and attorneys' fees, except as permitted by applicable law and the AAA rules. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
17.5 Class Action Waiver
All claims must be brought in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding. No arbitration or proceeding may be joined or consolidated with another without the consent of all parties, including YoZombie.
17.6 Small Claims Exception
Nothing in this Section prevents either party from bringing an individual claim in small claims court in Anne Arundel County, Maryland, provided the claim falls within the court's monetary limits and remains in small claims court.
17.7 Equitable Relief
Notwithstanding the arbitration agreement, YoZombie may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property, trade secrets, or to prevent unauthorized access, misuse, or data theft involving the Platform.
17.8 Survival
This Section survives termination, suspension, or deletion of a Worker's Account and continues to govern any dispute that arises after such termination, suspension, or deletion.
18. Updates to Terms
18.1 Right to Modify
YoZombie may update, modify, or replace portions of these Terms to reflect changes in operations, technology, applicable law, or regulatory requirements. Unless a shorter timeframe is required by law or for safety or security reasons, updates will take effect thirty (30) days after notice is provided.
18.2 Notification of Changes
Updates will be posted within the Platform and identified with a "Last Updated" date.
18.3 Continued Use Constitutes Acceptance
Continued use of the Platform after the effective date of any updated Terms constitutes acceptance of those updated Terms. If updated Terms are not accepted, use of the Platform must stop, and an Account may be deleted in accordance with Section 14 (Account Deletion).
18.4 Regulatory Compliance Updates
YoZombie may implement updates immediately and without prior notice where required by applicable law, court order, government directive, or where necessary to address safety, security, fraud, or abuse risks.
18.5 Historical Recordkeeping
YoZombie may maintain a historical record of prior versions of these Terms for transparency and compliance purposes. Copies of prior versions may be provided upon reasonable request, subject to verification and administrative limitations.
19. Force Majeure
19.1 Definition
YoZombie is not liable or deemed in default for any failure or delay in performing obligations under these Terms to the extent the failure or delay results from circumstances beyond YoZombie's reasonable control, including acts of God or natural disasters, epidemics or pandemics, war or terrorism, power outages or telecommunications failures, strikes or labor disputes, failures or disruptions of third-party service providers (including Stripe, Google, Firebase, or telecommunications carriers), government orders or restrictions, and internet or system interruptions beyond YoZombie's reasonable control.
19.2 Effect of Force Majeure Event
During a Force Majeure event, YoZombie's affected obligations will be suspended for the duration of the event; any affected deadlines will be extended for a reasonable period after the event ends; and YoZombie will make commercially reasonable efforts to resume normal operations as soon as practicable.
19.3 Notification
YoZombie may notify Workers through the Platform or via email as soon as reasonably practicable after becoming aware of a Force Majeure event that materially impacts Platform functionality or payment processing.
19.4 Limitation
Nothing in this Section is intended to excuse or eliminate payment obligations that have already been earned and confirmed in the Platform prior to the Force Majeure event, except to the extent performance is delayed by third-party processing timelines, banking delays, or legal or regulatory restrictions. All payments processed through Stripe remain subject to Stripe's operational, compliance, and regulatory frameworks.
20. Severability, Waiver, Entire Agreement, Assignment, and Electronic Consent
20.1 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision will be severed, and the remaining provisions will continue in full force and effect.
20.2 No Waiver
Failure or delay by YoZombie in exercising any right, remedy, or power under these Terms does not operate as a waiver. Any waiver must be in writing and signed by an authorized representative of YoZombie to be effective.
20.3 Entire Agreement
These Terms, together with the Privacy Policy, Stripe terms applicable to Stripe Connect, and any additional Platform policies referenced in these Terms, constitute the entire agreement between the Worker and YoZombie regarding use of the Platform. All prior or contemporaneous oral or written communications, understandings, or agreements are superseded.
20.4 Assignment
A Worker may not assign, transfer, or sublicense rights or obligations under these Terms without YoZombie's prior written consent. YoZombie may assign these Terms and any rights or obligations under them to an affiliate, successor, or acquirer in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction.
20.5 Electronic Consent and Communications
Use of the Platform constitutes consent to conduct transactions and receive communications electronically. By clicking "I Agree," creating an Account, or continuing to use the Platform, the Worker provides an electronic signature and consents to these Terms under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Maryland Uniform Electronic Transactions Act.
20.6 Survival
All provisions of these Terms that by their nature should survive termination — including indemnification, limitations of liability, governing law, arbitration, and this Section — survive termination of a Worker's Account or use of the Platform.
21. Contact Information
For questions, concerns, complaints, or legal notices regarding these Terms or use of the YoZombie Platform, contact:
YoZombie, L.L.C.
Registered Mailing Address: P.O. Box 128, Galesville, Maryland 20765, USA
Email: support@yozombie.com
Attention: Legal Department
YoZombie will respond to legitimate legal or compliance correspondence within a reasonable time in accordance with applicable law. Notices to YoZombie must be submitted in writing to the mailing address above or by email to support@yozombie.com.