Last Updated: June 30, 2024
These Terms of Service establish a legally binding agreement between you and Hollering, a product of Kasai Connect, governing your access to and use of hollering.app (referred to as the “Platform”) and the software and services provided through it (collectively referred to as the “Services”).
By clicking the “I Agree to the Terms of Service” button or (i) accessing or using any part of the Platform, or (ii) utilizing any of the Services offered on the Platform, you are consenting to abide by these Terms of Service.
Given the frequent changes in internet technology and applicable laws, rules, and regulations, Hollering reserves the right to modify these Terms of Service at any time.
Hollering’s Services
Hollering operates an online platform offering companies and freelancers a suite of digital tools to streamline the management of their on-demand projects. Hollering provides two distinct products: one tailored for freelancers to efficiently handle contract, invoicing, payment, and reporting tasks ("Freelance Services"), and another specifically designed for companies to optimize the onboarding, sourcing, project management, invoicing, payment, and reporting processes necessary for leveraging an external workforce ("Client Services").
It's important to note that Hollering's Services are dynamic and may evolve over time without prior notice. Hollering reserves the right to discontinue or suspend Services, including specific features, at its sole discretion. Any new features introduced by Hollering will also be governed by these Terms of Services.
General Rules About Creating Accounts
To register an account, you must be at least 18 years old and capable of entering into a legally binding contract. Access to the Services requires the establishment of an account through the online registration process and agreement to these Terms of Service.
Upon completing the registration process, all users will be prompted to create a password. It is your responsibility to protect your password and refrain from disclosing it to any third party. You are solely accountable for any activities conducted under your password, whether or not you have authorized them. Hollering bears no responsibility for any loss or damage resulting from the failure to keep your password or account secure.
You are exclusively accountable for the accuracy of the Content you submit to the Platform. "Content" encompasses all text, data, information, or digital images submitted, uploaded, or imported to the Platform, including photographs, contact details, project specifics, transaction particulars (such as cost and payment terms), professional and educational background, and client information.
Fees - Freelancer Services.
Certain aspects of Hollering's Freelancer Services are provided free of charge, albeit with limitations on either product features or usage quantity. Hollering retains the authority to modify the availability of these free offerings and services, even retroactively.
Additionally, Hollering provides paid Freelancer Services. You reserve the right to terminate your paid account at any time. Refunds are only available if requested within 24 hours of the purchase.
For users on both Free and Paid plans, if you utilize Hollering's invoicing tools, service charges will be deducted from processed invoices as outlined in Section 5.
Fees - Client Services.
The terms governing Client Services, along with any associated fees, are outlined in a separate services agreement and subscription order executed between Hollering and the subscribing company.
Upon placing a subscription order for Client Services, you agree to provide us with your debit or credit card details, authorizing us to charge the applicable fees to process the transaction.
Cancellation or termination of Client Services will not result in prorated subscription fees, and all fees paid until the termination date are nonrefundable.
The subscription term begins on the selected date and continues for the chosen term, along with any subsequent renewals, until terminated. Subscriptions are prepaid, and YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH TERM.
By agreeing to these terms, you authorize us to automatically renew your subscription and charge your account on the Renewal Date, unless you cancel before then. HOLLERING WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION UNTIL CANCELLATION OR IF HOLLERING CEASES OFFERING THE SERVICES.
Renewal payments are due on the Renewal Date and will be charged to the same credit card used for the original subscription or the latest renewal. THE RENEWAL PRICE WILL BE THE CURRENT RATE THEN IN EFFECT, AND YOU WILL RECEIVE A NOTICE OF ANY CHANGES PRIOR TO RENEWAL.
To avoid renewal, you must cancel your subscription through the Subscription Management section in your account settings; cancellation requests via email or chat will not be accepted.
Invoicing Tools – Service Charges
Payments for invoices issued by users are handled through third-party payment processors accessible via the Platform. To utilize the invoicing feature, users must establish and maintain an account with the specified payment processor. It is your responsibility to ensure the validity of your payment processing account to facilitate all invoice transactions on the Platform. Your association with any designated payment processor remains separate from your affiliation with Hollering and is subject to the terms of service of the payment processor.
Hollering bears no liability for any losses or damages resulting from payments processed or attempted to be processed through the Platform, including transactions hindered by network errors or other causes.
By utilizing Hollering's invoicing tool, you grant authorization for the collection of your name, address, phone number, email, and payment details. Additionally, Hollering or the designated payment processor may require additional payment, billing, or banking details for transaction processing. You agree to furnish up-to-date, accurate, and complete information during the payment process. Hollering does not retain any payment data on its systems.
Under no circumstances are you permitted to remit payments to yourself or your organization via Hollering. Furthermore, you may not make payments on behalf of a client using their payment credentials.
Service Providers for Hollering Payments
Payment processing services for users of Hollering Payments are facilitated by Stripe and are governed by the Stripe Connected Account Agreement, which encompasses the Stripe Terms of Service (together referred to as the "Stripe Services Agreement"). By accepting these terms or continuing to engage as a user on Hollering, you consent to abide by the Stripe Services Agreement, subject to any revisions made by Stripe over time. As a prerequisite for Hollering to enable payment processing services via Stripe, you agree to furnish Hollering with precise and comprehensive information regarding yourself and your business. Additionally, you authorize Hollering to disclose this information and transaction details pertaining to your utilization of the payment processing services offered by Stripe.
Content Representations and Warranties
Hollering bears no responsibility for the Content you publish. You are exclusively accountable for any Content you upload. Hollering disclaims liability for any harm or damage arising from Content you post on the Platform. Hollering retains the right, though not obligated, to take action to restrict or eliminate access to any Content, whether objectionable or not, posted by Platform users.
By uploading, submitting, and posting Content on the Platform, you additionally affirm and guarantee (1) your possession of all rights, titles, licenses, and authority to upload, submit, and post the Content, including the right to publish and distribute via electronic and digital means, and (2) that the Content does not (a) infringe upon the rights of any third party, including privacy rights, copyright, trademark, trade secrets, patents, or other intellectual property rights, or (b) violate any statute, law, ordinance, or regulation.
Hollering reserves the right, though not obligated, to review, edit, decline to post, delete, disable access to, or otherwise render unavailable any Content, without prior notice, at its sole discretion.
Confidentiality and Non-Disclosure
To enable project management services on the Platform, you may share confidential project-related details, including contract terms ("Confidential Information").
Hollering commits to not disclosing any Confidential Information to third parties without your prior written consent. Confidential Information won't be shared with any person or entity. You acknowledge that Hollering's employees may access and review Content and other Confidential Information to provide Services as per these Terms of Service.
If legal processes demand disclosure of Confidential Information, Hollering will promptly notify you to seek protective measures before disclosure. If no protective order is obtained, Hollering will disclose only the legally required portion, collaborating with the owner to minimize impact.
However, Hollering may reference project-related information on the Platform, such as overall freelancer fees or engagement details, to enhance and promote Services.
Privacy
Hollering will utilize personal information and anonymous aggregated data only in accordance with its Content License.
Under the Content License, you grant Hollering a worldwide, limited, non-exclusive, royalty-free license to process, host, copy, transmit, display, modify, adapt, distribute, reproduce, use, and sublicense the Content you submit to the Platform. This license is granted for the purpose of providing the Services outlined herein, across all media or distribution methods, whether presently known or developed in the future.
Hollering retains all rights, title, and interest in the Platform and Services, including any legally protectable elements or derivative works. You retain all rights, title, and interest in the legally protectable elements of the Content you submit to the Platform.
Services License
When using the Services, Hollering provides you with a limited, non-transferable, non-exclusive, and revocable license to access and use them. You are not permitted to sublicense, sell, lease, or otherwise transfer or grant third-party access to the Services. This license is solely for enabling you to use and benefit from the Services as outlined in these Terms of Service. Any other use of the Services is prohibited. You are allowed to keep electronic and physical copies of documents you create through the Services for your personal or business-related records, but resale or unauthorized distribution of Hollering's Services, materials, or documents is strictly forbidden.
Software associated with the Services may be subject to United States export controls. You are prohibited from downloading or exporting any software from the Services into any country under U.S. embargo or to individuals listed on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Services, you confirm that you are not located in, under the control of, or a national or resident of any such restricted country or listed entity.
Information & Services Disclaimer
Hollering operates as an automated software platform, not as a law firm, attorney, or professional advisor in any field. The services provided by Hollering, along with any related documents and materials, are designed for individuals who opt to draft their own contractual documents. It's important to note that these services do not constitute legal advice and are intended for private use only. Hollering does not assess the legal accuracy or adequacy of the information you provide. If you require legal guidance concerning specific contract terms or have inquiries regarding their applicability or enforceability, it's advisable to seek counsel from a licensed attorney. Hollering, its services, and its content cannot replace legal advice from a qualified attorney authorized to practice in the relevant jurisdiction.
The use and reliance on services, documents, and materials obtained from the platform are undertaken at your own discretion and risk. Hollering bears no responsibility for any reliance placed upon or use of the services, materials, and documents provided herein.
Electronic Signature Services
Hollering empowers users to create eSignatures for contracts utilized on the Platform. These electronic signatures hold the same legal weight and validity as manual signatures. It's important to note that Hollering does not bear responsibility for authenticating any signatures generated on the Platform or through its services.
Ratings & Reviews
Users have the option to submit reviews and ratings for freelancers and companies with whom they've exchanged services on the Platform. These reviews will be visible to other users. However, Hollering retains the right, at its sole discretion, to remove any content that breaches the Terms of Service.
Permission to Use Name & Logos
You grant Hollering an unrestricted license to use your individual and/or company name, logo, and relevant trademarks ("Properties") for marketing and promoting the Platform. This includes the right to copy, translate, broadcast, transmit, distribute, exhibit, perform, publish, and display the Properties worldwide in Hollering's marketing materials.
Hollering acknowledges that it gains no proprietary interest in the Properties beyond this license. It is not obligated to utilize or compensate for the granted rights. Hollering will exclusively own all rights, including copyrights, in its marketing materials.
You have the right to terminate Hollering's permission and license to use the Properties with written notice given thirty (30) days in advance.
User Feedback & Idea Submissions
Hollering values user feedback to enhance our Platform and Services, but it's important to clarify that we consider any user-provided feedback as voluntary advice. We do not provide compensation for ideas, proposals, or suggestions. Here's our policy:
Any suggestions, ideas, proposals, user feedback, or other material submitted to Hollering by users, whether solicited or unsolicited (collectively, the "Material"), are deemed non-confidential and non-proprietary. Hollering is not liable for the disclosure, use, or exploitation of such Material.
By submitting Material, you grant Hollering a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, and transferable right and license to incorporate, use, publish, and exploit the Material for any purpose, commercial or otherwise, without compensation or accounting.
Prohibited Conduct
In your utilization of the Platform and Services, you are prohibited from:
1. Distributing, licensing, selling, or transferring the Services, or any component thereof.
2. Engaging in reverse engineering, decompiling, or attempting to derive the source code for underlying software or other intellectual property used to provide the Services.
3. Trying to gain unauthorized access to the Services, or to the computers, servers, and networks connected to the Services.
4. Posting false, inaccurate, misleading, defamatory, or harassing content.
5. Sharing obscene or sexually explicit content.
6. Violating any law, statute, ordinance, or regulation.
7. Infringing upon any patent, copyright, trademark, trade secret, right of publicity, or other third-party rights.
8. Attempting to use another account, impersonate another person or entity, misrepresent your affiliation, or create or use a false identity.
9. Using the Platform's invoicing tools to make payments to yourself or your organization.
10. Providing payment information on behalf of a third party to process payments through the Platform.
11. Distributing or transmitting any code, virus, or any other technologies that may harm the Platform or its users.
12. Modifying, adapting, or hacking the Platform or another website to falsely imply association with Hollering.
13. Distributing or posting spam, unsolicited, or bulk electronic communications to Platform users.
14. Using any robot, spider, scraper, or other automated means to access the Platform.
15. Taking actions that impose an unreasonable or disproportionately large load on the Platform's infrastructure.
16. Interfering or attempting to interfere with the proper functioning of the Platform, its services, or tools.
17. Bypassing the Platform's robot exclusion headers or other measures implemented by Hollering to prevent or restrict access.
Termination by Hollering
Freelance Services can be terminated at any time by either party at their sole discretion. Freelance Services account holders have the option to deactivate their accounts whenever they choose.
However, Subscription Services cannot be terminated for convenience during the subscription term. Either party can provide notice of non-renewal in accordance with Section 4 of these Terms of Service.
Hollering reserves the right to temporarily suspend or terminate Freelance Services or Subscription Services at any time, without prior notice or liability, under the following circumstances:
- Breach of these Terms of Service;
- Inability to verify or authenticate account information;
- Engagement in improper or fraudulent activity in connection with the Platform and/or Services, or actions that may cause legal liability or financial loss to Hollering;
- Infringement of the rights of third parties;
- Bankruptcy or insolvency filing by an account holder; or
- Failure to pay any applicable fees.
Certain Sections of these Terms of Service remain in effect even after termination of the Services, including Confidentiality, Content License, Submissions License, Individual Arbitration, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.
Customer Support
You can reach out to Hollering via email at info@hollering.app to address any issues you encounter while using the Platform. Many concerns can be promptly resolved through this channel, ensuring a smoother experience for you.
Individual Arbitration
Except as otherwise stated herein, any claim or controversy with Hollering arising out of or relating to the Platform, Services, and/or these Terms of Service (including its formation, interpretation, performance, and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16.
YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at the AAA website. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: info@hollering.com. Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: San Francisco, California.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction. Notwithstanding the foregoing, Hollering may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief relating to any unauthorized use or abuse of the Services or intellectual property infringement without first engaging in arbitration.
In the event the Arbitration requirements of these Terms of Service are found to be unenforceable, then any resulting judicial proceedings will be brought in the federal or state courts in San Francisco, California. By your use of the Services, you expressly consent to venue and personal jurisdiction of those courts.
Hollering's Intellectual Property
The Platform and its logos, design, text, graphics, and other files, as well as the selection, arrangement, and organization thereof, are owned by Hollering. You may not use such materials without permission. Hollering, Kasai Connect ALL RIGHTS RESERVED.
Hollering and its logos are trademarks owned by Hollering. All page headers, custom graphics, button icons, and scripts are trademarks or trade dress of Hollering.
Unless otherwise stated herein, nothing in these Terms of Service or your use of the Platform gives you a right or license to use any of Hollering’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
Copyright Infringement Notice
If you have a good faith belief that your copyright has been infringed, you can download, complete, and submit this Notice of Claimed Infringement to Hollering’s Designated Agent as follows:
Email: info at hollering dot app
Disclaimers and Exclusions
HOLLERING, THE PLATFORM, SERVICES, AND ALL INFORMATION, CONTENT, DOCUMENTS, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" BASIS. HOLLERING DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, SERVICES, INFORMATION, CONTENT, DOCUMENTS, MATERIALS, AND PRODUCTS WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, WILL MEET YOUR REQUIREMENTS, OR WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. ANY AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT ARE DISCLAIMED, AND HOLLERING WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH INFORMATION, PLATFORM, SERVICES, INFORMATION, CONTENT, DOCUMENTS, MATERIALS, AND PRODUCTS.
HOLLERING DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM AND/OR ANY HOLLERING SERVICES. HOLLERING DOES NOT CONTROL ANY THIRD-PARTY LINKS, SERVICES, GOODS, RESOURCES, AND INFORMATION ON THE PLATFORM. REGARDING THIRD-PARTY SERVICES, GOODS, RESOURCES, AND INFORMATION, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT, HOLLERING WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, GOODS, RESOURCES, OR INFORMATION.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOLLERING WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE PLATFORM, SERVICES, INFORMATION, CONTENT, DOCUMENTS, MATERIALS, AND PRODUCTS, EVEN IF HOLLERING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HOLLERING, NOR ANY OF ITS EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR VENDORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THE PLATFORM, SERVICES, INFORMATION, CONTENT, DOCUMENTS, MATERIALS, AND PRODUCTS EXCEED $500.00 OR THE FEES PAID TO HOLLERING IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.
Release
If you have a dispute arising from, related to, or connected with your use of the Platform and Services, or the information, content, documents, materials, or products made available through the Platform and Services, you hereby release Hollering, Inc. and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners, and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Indemnification
You agree, to the fullest extent permitted by law, to indemnify, defend, and hold harmless Hollering, Inc. and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners, and each of their successors and assigns (referred to as the “Indemnified Parties”) from any and all damages, losses, liabilities, claims, expenses, fees, or costs (including attorneys’ fees and costs) incurred due to:
(i) Claims or actions alleging violations of these Terms of Service by you,
(ii) Breach of any representations or warranties made by you under these Terms of Service,
(iii) Your use or misuse of the Platform or Services,
(iv) Any transaction between you and a third party facilitated by any document generated through the Platform/Services.
Hollering reserves the right to exclusively handle the defense and control of any matter subject to indemnification by you.
Severability
If any part of these Terms of Service is found to be invalid, illegal, or unenforceable, it will not affect the validity or enforceability of the remaining provisions. The invalid part will be modified to achieve the closest valid and enforceable result under the law.
Modifications
Our employees, volunteers, or agents do not have the authority to change these Terms of Service. Any modification to these terms will only be effective if it is in writing and signed by an authorized representative of Hollering or posted on this Platform.
No Agency
These Terms do not create or imply any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between the parties.
Assignment
You may not assign any rights or obligations under these Terms without prior written consent from Hollering. However, Hollering reserves the right to assign, transfer, or subcontract any or all of its rights or obligations under these Terms at any time without requiring your consent.
Successors and Assigns
These Terms are binding upon and confer benefits to the parties involved, as well as their respective successors and authorized assigns.
Governing Law
These Terms of Service will be governed by, interpreted, and enforced in accordance with the laws of the State of California, without considering or applying California's conflict of law principles. The parties agree to the exclusive jurisdiction of the State of California and venue in the County of San Francisco concerning any dispute, disagreement, or claim arising from or related to these Terms of Service, or any violation thereof. Additionally, both parties waive any objections to this exclusive jurisdiction and venue of such courts.
No Waiver
Any failure or delay by either party to exercise any right, power, or privilege under these Terms of Service will not constitute a waiver of such right, power, or privilege.
Interpretation
Section headings are provided for reference purposes only and do not limit the scope or extent of the corresponding section.
Force Majeure
Hollering shall not be held liable or responsible for any delays in service, failure to provide its services, or the operation of the Platform due to events beyond its reasonable control. These events include, but are not limited to, adverse weather conditions, internet outages or interruptions, power or telecommunication outages, fires, floods, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disasters, war, or acts of God.
Notices
All notices required or permitted under these Terms of Service shall be provided in writing and delivered to: [insert email]. Hollering will send all notices to you via email or conspicuously post them on the Platform.
Complaints - California Residents
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.
Entire Agreement
These Terms of Service constitute the complete agreement between you and Hollering, overriding any prior or concurrent agreements, whether written or oral, pertaining to the subject matter discussed herein.