terms of Use Agreement
Welcome to dextraossolutions.com, the website and online and/or mobile service of Dextra Outsourcing Solutions Inc. (“Dextra,” “we,” or “us”). This page explains the terms by which you may use our online services, and the website provided on or in connection with the service (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), whether or not you are a registered user of our Service. Users of our Service must also agree to our Acceptable Use Policy. Dextra reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
Dextra intends for its website to be accessible to all those who are interested in its services and in conformance with the standards established by the World Wide Web Consortium and applicable law. If you have any problem accessing our website or mobile app, please let us know by emailing info@dextraossolutions.com
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 10.2 (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 10.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 10.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.
1. Our Service
Dextra provides a platform that enables users of Dextra’s Service to arrange and schedule the fulfillment of requests for performance of various services (“Requests”) by providers of such services (each, an “Assistant”).
Dextra intends for its website to be accessible to all those who are interested in its Service and in conformance with the standards established by the World Wide Web Consortium and applicable law. If you have any problem accessing our website or mobile app, please let us know by emailing info@dextraossolutions.com.
1.1 Eligibility
This is a contract between you and Dextra. You must read and agree to these terms before using the Dextra Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Dextra, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to the Service by anyone under 13 (or under 16 in Europe) is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Dextra.
Some requests may not be made via the Service by users under 18 or 21 years of age, as applicable. In certain instances, Dextra may require you to provide proof of identity to create your account, or to access or use the Service, and you acknowledge and agree that you may be denied access or use of the Service if you refuse to provide such proof.
1.2 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Dextra reserves all rights not expressly granted herein in the Service and the Dextra Content (as defined below). Dextra may terminate this license at any time for any reason or no reason.
1.3 User Accounts
Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Dextra with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. Your failure to maintain accurate, complete, and up-to-date account information may result in your inability to access and use the Service or our termination of this Agreement. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your User Account. You must notify Dextra immediately of any breach of security or unauthorized use of your User Account. Dextra will not be liable for any losses caused by any unauthorized use of your User Account.
By providing Dextra your email address you consent to using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by emailing us at info@dextraossolutions.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.4 Service Rules
You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Dextra servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Dextra grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(iii) transmitting spam, chain letters, or other unsolicited email, SMS, or other messages;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Service;
(vii) collecting or harvesting any personally identifiable information or other personal information, including account names, from the Service;
(viii) using the Service for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
(xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
1.5 Changes to the Service
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
1.6 Disputes with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Dextra shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. Our Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the “Dextra Content”), and all intellectual property rights related thereto, are the exclusive property of Dextra and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Dextra Content. Use of the Dextra Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dextra under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Dextra does not waive any rights to use similar or related ideas previously known to Dextra, or developed by its employees, or obtained from sources other than you.
3. Paid Services
3.1 Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to our Pricing and Payment Terms, as we may update them from time to time. Dextra may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.
3.2 No Refunds
You may cancel your User Account, or any Requests, at any time; however, you are not entitled to any refunds for cancellation. Dextra provides refunds in its sole discretion.
3.3 Solicitation of Assistants (Poaching)
Notwithstanding anything to the contrary, you agree that you shall not, directly or indirectly, for yourself or on behalf of another person or entity, without the express prior written consent of Dextra, solicit or otherwise induce, influence, or encourage to terminate its relationship with Dextra, or employ or engage as an independent contractor any Assistant; provided, however, that Dextra shall consent to such solicitation upon payment to Dextra by you of a fee of no less than Three Thousand U.S. Dollars ($3,000.00) per assistant, to be paid to Dextra within ten (10) days of the earlier of (i) notice to Dextra of such desire to solicit an Assistant or (ii) the actual hiring or engagement of such Assistant by you. This Section 3.3 shall survive any termination or expiration of this Agreement.
3.4 Automatic Renewal of Service Fees
IF YOU SIGN UP FOR PAID SERVICE, THE CORRESPONDING FEES AT THE RATE AND FREQUENCY SET FORTH IN YOUR USER ACCOUNT AND/OR AS OTHERWISE SET FORTH BY US WILL AUTOMATICALLY RENEW ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL SUCH PAID SERVICE. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED ON YOUR SETTINGS PAGE OR IN WRITING AND SENT TO info@dextraossolutions.com AND WILL BE EFFECTIVE IN THE BILLING PERIOD FOLLOWING THE BILLING PERIOD YOU PROVIDE US NOTICE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR PAID SERVICE AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SERVICE FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
3.6 Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
3.7 California Residents
The provider of the Service is Dextra Outsourcing Solutions Inc., 25350 Magic Mountain Pkway Suite 300 Santa Clarita, CA 91355 If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 125350 Magic Mountain Pkway Suite 300 Santa Clarita, CA 91355
4. No Professional Advice
Any and all information provided through the Service is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
5. Security
Dextra cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Third-Party Links and Information
The Service may contain links to third-party materials that are not owned or controlled by Dextra. Dextra does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Dextra’s Privacy Policy do not apply to your use of such sites. You expressly relieve Dextra from any and all liability arising from your use of any third-party website, service, or content, including without limitation content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Dextra shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
7. Indemnity
You agree to defend, indemnify and hold harmless Dextra and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
These sections further outline the warranty, liability limitations, arbitration, and terms specific to mobile applications in the user agreement.
8. No Warranty
The service is provided “as is” and “as available,” without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Dextra disclaims any guarantees about the accuracy, reliability, or security of the service, including uninterrupted access and the absence of viruses or harmful components. Users bear all risks for damages from downloaded content. Dextra also disclaims any responsibility for the qualifications or safety of assistants, third-party products, or services advertised through the platform.
1. Jurisdictional Exceptions: Certain exclusions may not apply where federal or state law disallows these limitations.
9. Limitation of Liability
Dextra Outsourcing Solutions Inc., its affiliates, agents, or licensors cannot be held liable for indirect or consequential damages, such as profit loss or goodwill damage. Liability is limited to the greater of the amount paid to Dextra or $100. This includes protection against hacking, service interruptions, and unauthorized access. Users take full responsibility for managing assistants’ conduct, and Dextra disclaims liability for their actions.
Jurisdictional Exceptions: Some states do not allow limitation of incidental or consequential damages, which may override certain disclaimers.
10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
Governing Law: California law governs the agreement, with disputes subject to Santa Clara County’s jurisdiction. However, the Federal Arbitration Act supersedes if it applies, and the UN Convention on Contracts for the International Sale of Goods is excluded.
Arbitration: All disputes must go through binding arbitration by JAMS in Santa Clara County, with a 30-day opt-out period available to new users. Dextra and users must try to resolve issues informally first. Arbitration costs vary by user type (commercial vs. individual). Exceptions include disputes involving public injunctive relief, which may proceed in court.
Class Action/Jury Trial Waiver: Claims must be filed individually, and users waive the right to jury trials or class actions.
11: General
Assignment (12.1): You are not allowed to transfer or assign the Agreement or any rights it grants. Dextra, however, can transfer or assign it without restriction. Any attempt by you to transfer or assign this Agreement will be void and have no effect.
Notification Procedures & Agreement Changes (12.2): Dextra may send notifications to you via email, written notices, hard copies, or website posts. You might be able to opt out of certain notification methods if outlined in the Agreement. However, Dextra isn’t liable for notifications filtered out by your email provider. Dextra also retains the right to update the Agreement; when significant updates are made, they will update the “last modified” date and notify you. Continued use of the service implies acceptance of any updated terms.
Entire Agreement/Severability (12.3): This Agreement, along with any amendments and related agreements, represents the full agreement between you and Dextra regarding the Service. If any part of this Agreement is found invalid by a court, the rest of the Agreement still stands and remains in effect.
No Waiver (12.4): If Dextra does not enforce a term of this Agreement, this does not waive their right to enforce it later.
Contact (12.5): For questions about the Agreement, contact Dextra at info@dextraossolutions.com.