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Last updated: August 26, 2026
This summary is here to be clear, not to replace anything. The numbered sections below are the agreement.
By accessing or using Day Labor Work (the "Platform"), you agree to these Terms of Service in full. If you do not agree, you may not use the Platform. These Terms apply to all users, including employers, workers, and visitors, regardless of which version of the Platform they access.
The term "Platform" as used throughout these Terms refers collectively to the Day Labor Work website, the Day Labor Work iOS mobile application, the Day Labor Work Android mobile application, and any other websites, mobile applications, or digital products and services offered by Day Labor Work, whether currently available or developed and released in the future. "Day Labor Work," "we," "us," and "our" refer to Element Info Tech LLC, the company that owns and operates the Platform.
The Platform is provided solely to help employers find day laborers and to help contractors find work. You may use the Platform only for lawful purposes and only in accordance with these Terms. Any other use is strictly prohibited.
Day Labor Work is a technology platform that connects individuals seeking work ("Workers") with individuals and businesses seeking to hire them ("Employers"). We are a marketplace only. We are not an employer, staffing agency, labor contractor, or employment agency of any kind.
By using the Platform, you expressly acknowledge and agree that Day Labor Work is acting solely as a neutral marketplace intermediary and that you waive any claim against Day Labor Work arising from a work relationship, job performance, payment dispute, or personal injury connected to any job arranged through the Platform.
Day Labor Work does not conduct business, provide services, or operate in the State of California or the State of New York. This Platform is not available for use by residents of California or New York, and we do not intentionally advertise, market, solicit, or target users in either of those states.
By creating an account, you represent and warrant that you are not a resident of California or New York and are not accessing the Platform from either of those states.
Use from those states is at your own risk. If you use the Platform from California or New York anyway, you do so without authorization and entirely at your own risk. To the fullest extent permitted by law, Day Labor Work and Element Info Tech LLC have no liability of any kind for anything arising out of that use, including injury, unpaid wages, misclassification, property damage, or any claim under the California Labor Code, California AB5, the New York Labor Law, or any other statute of either state.
We do not consent to jurisdiction there. We have no offices, employees, agents, property, or bank accounts in California or New York, we do not target either state, and we do not purposefully avail ourselves of either state's markets. Nothing in this document, and no unauthorized account that reaches the Platform from either state, is consent to personal jurisdiction or venue in a California or New York court, or agreement that either state's law governs. Missouri law and the arbitration section govern, and you waive any objection that Missouri is an inconvenient forum.
Failing to catch it is not permission. We have no duty to detect or block a user's location, and any screening we do is a courtesy rather than an obligation. If an account from California or New York is created, used, or left in place for any length of time, that is not consent, not a waiver of this section, not a course of dealing, and not an admission that we do business in either state. We may terminate such an account at any time without notice or refund.
If you misrepresent where you are, you cover us. Creating an account is your representation that you are not in California or New York. If that representation is false, you agree to defend, indemnify, and hold us harmless from every claim, loss, penalty, and expense, including reasonable attorney fees, that arises from your use of the Platform from either state or from work performed there.
If a law applies anyway. If a court or arbitrator finds that a mandatory law of California or New York applies despite this section, it applies only to the minimum extent that law requires, every other part of this section stays in force, and nothing here is a waiver of any protection we would otherwise have.
Day Labor Work does not perform background checks, criminal history checks, identity verification, reference checks, drug screenings, driving record checks, sex offender registry checks, or any other form of screening on Workers or Employers who register on the Platform.
By using this Platform, you acknowledge that you are engaging with other users at your own risk and that Day Labor Work has no duty to screen, verify, or vouch for any user on the Platform.
All payment arrangements for work performed through the Platform are made exclusively between the Worker and the Employer. Day Labor Work is not a party to any payment agreement, does not process payments between Workers and Employers, and has no control over whether payment is made, withheld, or disputed.
You agree that any payment claim against another user is solely your responsibility to pursue and that Day Labor Work bears no financial obligation or liability in connection with any such claim.
You agree that you will not, under any circumstances:
Phone numbers, email addresses, and other personal contact details on the Platform belong to individual users. A worker's phone number is never shown to employers. Phone numbers are collected only to verify an account and keep it secure, and employers and workers communicate through the Platform's messaging system. No subscription of any kind grants access to a worker's phone number. You may only use contact information obtained through the Platform to communicate with users in the context of legitimate job inquiries or employment. Any other use, including bulk outreach, spam, or resale, is strictly prohibited and may result in immediate account termination and legal action.
Day Labor Work monitors account activity to detect misuse, including unusual access patterns, abnormal data retrieval rates, and automated behavior. We reserve the right to:
Violations of the Computer Fraud and Abuse Act (CFAA), the California Consumer Privacy Act (CCPA), or other applicable data protection laws may result in criminal and civil liability in addition to Platform enforcement.
Certain features require an active paid subscription. Subscription fees are refundable only as described in Section 35, Refund and Cancellation Policy. Day Labor Work reserves the right to change pricing at any time with reasonable notice.
Day Labor Work may suspend or terminate your account at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to: violation of these Terms, fraudulent activity, abusive behavior toward other users, or any conduct that Day Labor Work determines is harmful to the Platform or its users. Upon termination, your right to access the Platform ceases immediately.
The Platform is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Day Labor Work specifically does not warrant that:
Day Labor Work shall not be liable for any loss, damage, missed opportunity, or harm of any kind resulting from:
Day Labor Work makes no representation that the Platform will meet your requirements or that results obtained through it will be accurate or reliable. Your use of the Platform is entirely at your own risk. This disclaimer applies to all versions of the Platform, including the website, iOS application, Android application, and any other digital product offered by Day Labor Work.
To the maximum extent permitted by law, Day Labor Work and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, even if advised of the possibility of such damages. This includes but is not limited to lost wages, lost profits, personal injury, property damage, data loss, or any harm resulting from interactions with other users on or off the Platform.
In no event shall Day Labor Work's total cumulative liability to you for any claim arising out of or related to these Terms or your use of the Platform exceed the greater of (a) one hundred dollars ($100.00) or (b) the total amount you paid to Day Labor Work in the twelve months preceding the claim. This limitation applies regardless of the legal theory under which the claim is brought, including contract, tort, negligence, strict liability, or any other basis.
Day Labor Work may update these Terms at any time. Continued use of the Platform after changes are posted constitutes acceptance of the updated Terms. We will notify users of material changes via email or a notice on the Platform.
You must be at least 18 years of age to create an account or use the Platform in any capacity, whether as a Worker or an Employer. By creating an account, you represent and warrant that you are 18 years of age or older. Any account found to belong to a person under the age of 18 will be terminated immediately. Day Labor Work is not responsible for any misrepresentation of age by a user.
These Terms are governed by the laws of the State of Missouri, without regard to conflict of law principles. You agree that any legal action, claim, or proceeding arising out of or relating to these Terms or your use of the Platform must be brought exclusively in the state or federal courts located in Jackson County, Missouri. You hereby consent to the personal jurisdiction of those courts and waive any objection to venue in Jackson County, Missouri.
You agree to defend, indemnify, and hold harmless Day Labor Work and its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
This indemnification obligation survives termination of your account and these Terms. Day Labor Work reserves the right to assume exclusive control of any matter subject to indemnification by you, at your expense, and you agree to cooperate fully with Day Labor Work's defense of any such claim.
Day Labor Work is not an employer and does not withhold, collect, or remit any taxes on behalf of Workers or Employers. Workers are solely responsible for reporting and paying all applicable federal, state, and local taxes on any income earned through jobs arranged via the Platform, including self-employment taxes where applicable.
You are strongly encouraged to consult a qualified tax professional regarding your obligations. By using the Platform, you agree that Day Labor Work bears no responsibility for your tax compliance.
Day Labor Work is not an employer and does not provide workers' compensation insurance, disability insurance, unemployment insurance, or any other employment-related insurance or benefits to Workers. Workers are not employees of Day Labor Work and are not entitled to any workers' compensation coverage from Day Labor Work under any circumstances.
Day Labor Work does not provide, arrange, or require any form of insurance for Workers, Employers, job sites, or work performed through the Platform. This includes but is not limited to general liability insurance, professional liability insurance, property insurance, health insurance, accident insurance, and workers' compensation insurance.
Please read this section carefully. It affects your legal rights.
Mandatory Arbitration. You and Day Labor Work agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in a court of law. This applies to every dispute of any size, including one that could otherwise be filed in small claims court, and neither of us will file a claim against the other in any court. The arbitration will take place in Jackson County, Missouri, or by video conference at either party's request. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. You and Day Labor Work each agree that any claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class action, collective action, mass action, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void.
Opt-Out. You may opt out of this arbitration agreement by sending written notice to Day Labor Work within 30 days of first creating your account. Opting out does not affect any other provision of these Terms.
Arbitration Confidentiality. All aspects of any arbitration proceeding under this section, including the existence of the dispute, all filings, testimony, evidence, the arbitrator's decision, and any settlement reached, are strictly confidential. Neither party may disclose any such information to any third party without the prior written consent of the other party, except as required by law or to enforce an arbitration award in court. Neither party may issue any press release or public statement regarding the existence or outcome of any arbitration proceeding.
The arbitrator decides what is arbitrable. Any question about whether this section applies, whether it is enforceable, or whether a particular claim must be arbitrated is decided by the arbitrator, not by a court. The only exception is the class action waiver above, which a court may decide.
Coordinated filings are handled in batches. If 25 or more claims of a similar kind are filed against us by or with the help of the same lawyer or coordinated group, the claims are resolved in batches of no more than 50, one batch at a time, with a single arbitrator for each batch and the outcomes of the first batches used to try to settle the rest. Filing fees for later batches are not owed until that batch begins. This applies only to coordinated filings and never delays an individual claim brought on its own.
Bad faith claims. If the arbitrator finds that a claim, a defense, or a filing was frivolous or brought for an improper purpose, the arbitrator may award the other party its reasonable attorney fees and costs, to the extent permitted by the applicable rules and law.
The Platform, including its design, layout, code, graphics, logos, trademarks, service marks, and all content created by Day Labor Work, is owned exclusively by Day Labor Work and is protected by United States and international intellectual property laws.
Users may submit content to the Platform including profile descriptions, photos, job postings, reviews, and messages ("User Content"). By submitting User Content, you grant Day Labor Work a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, and distribute that content solely for the purpose of operating and promoting the Platform.
Day Labor Work has no presence at, control over, or knowledge of actual job sites where work is performed. Employers are solely and exclusively responsible for maintaining a safe working environment for any Worker they hire through the Platform.
Day Labor Work makes no guarantee that Workers will receive job offers, be hired, or earn any particular amount of income through the Platform. Day Labor Work makes no guarantee that Employers will receive applications, find qualified Workers, or have jobs filled within any particular timeframe.
Day Labor Work shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fires, floods, earthquakes, pandemics, government orders or regulations, war, terrorism, civil unrest, internet or telecommunications failures, power outages, third-party service disruptions, or any other event outside Day Labor Work's reasonable control. In such an event, Day Labor Work's obligations are suspended for the duration of the force majeure event.
You are solely responsible for maintaining the confidentiality of your account login credentials, including your email address and password. You agree to notify Day Labor Work immediately if you become aware of any unauthorized access to or use of your account.
By creating an account on Day Labor Work, you consent to receive electronic communications from us, including but not limited to:
You may opt out of promotional communications at any time by clicking the unsubscribe link in any email or by updating your notification preferences in your account settings. You may not opt out of transactional communications that are necessary for the operation of your account.
SMS / Text Message Communications
The SMS program name is Day Labor Work, operated by Element Info Tech LLC. Day Labor Work may send SMS text messages to the mobile phone number you provide during account registration for the following purposes: two factor authentication and one-time verification codes during account registration and password resets, job confirmation reminders, and account notifications such as security and lockout alerts. Day Labor Work does not send marketing or promotional text messages. SMS is sent through our messaging providers, currently Twilio for platform messages and Google Firebase for phone verification codes.
For more information on how we handle your personal data, including your phone number, see our Privacy Policy.
Day Labor Work reserves the right, at its sole and absolute discretion, to refuse, suspend, or terminate service to any user, reject or remove any job posting or profile, or deny access to any feature of the Platform at any time and for any reason, with or without notice and with or without explanation. This right includes but is not limited to:
Day Labor Work's exercise of this right shall not entitle any user to a refund of any subscription fees paid, except as required by applicable law.
Day Labor Work is committed to providing a platform that is free from unlawful discrimination. You agree that you will not use the Platform to discriminate against any Worker or Employer on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, veteran status, or any other characteristic protected by applicable federal, state, or local law.
Day Labor Work is not an employer and does not control hiring decisions. However, Employers who use this Platform remain solely responsible for their compliance with all applicable anti-discrimination and equal opportunity employment laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.
By registering as a Worker on the Platform, you represent and warrant that you are legally authorized to work in the United States. Day Labor Work does not verify work authorization and is not responsible for determining whether any Worker is legally permitted to work.
The Platform connects Workers and Employers. You agree that you will not use information obtained through the Platform to circumvent Day Labor Work or to establish direct ongoing working relationships that are intended to avoid using or paying for the Platform.
You agree that all information you provide on the Platform is truthful, accurate, and not misleading. The following are strictly prohibited and may result in immediate account termination and legal action:
Day Labor Work is not responsible for fraudulent listings or fake profiles created by users. If you encounter a listing or profile you believe is fraudulent, you should report it through the Platform. Day Labor Work will investigate reports at its sole discretion and is not obligated to take any particular action.
Day Labor Work respects intellectual property rights and expects users to do the same. If you believe that content on the Platform infringes your copyright, you may submit a written takedown notice to Day Labor Work containing the following:
DMCA notices should be submitted through our contact page. Day Labor Work will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Repeat infringers will have their accounts terminated.
You may cancel your subscription at any time from Manage your plan in your account. What happens to the money depends on how long you have been a paying subscriber.
Money back window. If you cancel within the first 7 days of your first paid subscription, that payment is refunded in full and your plan ends immediately. On a yearly plan the window is 30 days instead of 7. No reason is required and no conditions apply. The window is measured from your first payment to Day Labor Work, not from the start of each billing period, and one refund is available per account.
Outside that window:
If you believe you were charged in error, contact us through the contact page within 30 days of the charge and we will review your request.
You are solely responsible for ensuring that your account profile is accurate, complete, and kept up to date at all times.
If you submit feedback, ideas, suggestions, or other input regarding the Platform ("Feedback"), you agree that Day Labor Work may use that Feedback freely and without restriction or compensation to you. By submitting Feedback, you assign to Day Labor Work all rights, title, and interest in and to that Feedback, including any intellectual property rights. Day Labor Work has no obligation to act on, respond to, or implement any Feedback you submit.
The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by Day Labor Work. These links are provided for convenience only. Day Labor Work has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party sites. Your use of any third-party site is entirely at your own risk and subject to that site's terms. Day Labor Work encourages you to review the terms and privacy policies of any third-party site you visit.
Day Labor Work allows Workers and Employers to leave reviews and ratings of each other following a completed job. Reviews are user-generated content and reflect only the opinions of the individual who submitted them.
By submitting a review, you represent that it is based on your genuine firsthand experience and that you have not been compensated or incentivized to submit it.
The following sections of these Terms shall survive the termination, cancellation, or expiration of your account or these Terms for any reason, and shall remain in full force and effect indefinitely: Section 3 (Marketplace Only), Section 13 (Limitation of Liability), Section 17 (Indemnification), Section 21 (Arbitration and Class Action Waiver), Section 22 (Intellectual Property), Section 37 (Feedback and Suggestions), Section 40 (Survival), Section 41 (Assignment), Section 44 (Electronic Signatures), Section 59 (Entire Agreement), Section 60 (Statute of Limitations), Section 61 (Jury Trial Waiver), Section 66 (Injunctive and Equitable Relief), Section 67 (Attorney's Fees), Section 68 (Assumption of Risk and Physical Harm Release), and Section 69 (No Duty to Monitor, Investigate, or Warn). All other provisions that by their nature should survive termination will also survive.
You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms, or your account, to any other person or entity without the prior written consent of Day Labor Work. Any attempted assignment without such consent is void and of no effect.
Day Labor Work may freely assign or transfer these Terms and its rights and obligations hereunder, in whole or in part, to any affiliate, successor, or acquirer in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, without notice to you or your consent. These Terms will be binding on and inure to the benefit of any such assignee.
Before initiating arbitration or any legal proceeding against Day Labor Work, you agree to first attempt to resolve the dispute informally by contacting Day Labor Work through the contact page and describing your claim in reasonable detail. Day Labor Work will attempt to resolve the dispute within 30 days of receiving your notice.
If the dispute is not resolved within 30 days of your initial notice, either party may proceed to binding arbitration as described in Section 21. This informal resolution requirement is a condition precedent to arbitration and neither party may initiate arbitration without first completing this step. The 30-day period may be extended by mutual written agreement of both parties.
Nothing in these Terms creates or shall be construed to create any agency, partnership, joint venture, franchise, employment, or fiduciary relationship between you and Day Labor Work. You and Day Labor Work are independent parties.
By creating an account and checking the agreement box at signup, you are providing an electronic signature and entering into a legally binding agreement with Day Labor Work. You agree that your electronic acceptance of these Terms constitutes a valid and enforceable signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and the Uniform Electronic Transactions Act (UETA) as adopted in Missouri.
You waive any right to argue that these Terms are unenforceable solely because they were agreed to electronically rather than by handwritten signature. Day Labor Work maintains a record of your acceptance, including the date, time, and IP address associated with your agreement.
Day Labor Work maintains a zero-tolerance policy toward harassment between users. Harassment includes but is not limited to:
Accounts found to be engaged in harassment will be suspended or permanently terminated. Day Labor Work reserves the right to report credible threats of violence or harassment to law enforcement. Day Labor Work is not liable for harassment committed by one user against another but will take commercially reasonable steps to address reported violations.
Paid subscriptions on Day Labor Work automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize Day Labor Work to charge your payment method on a recurring basis at the then-current subscription rate until you cancel.
Nothing on the Platform constitutes legal, tax, financial, medical, safety, or any other form of professional advice. Day Labor Work is a technology marketplace and is not a law firm, accounting firm, financial advisor, medical provider, or safety consultant.
You may request deletion of your account at any time by contacting Day Labor Work through the contact page. Upon receiving a verified deletion request, Day Labor Work will delete or anonymize your personally identifiable information within 30 days, subject to the following:
Day Labor Work provides an in-platform messaging system to facilitate communication between Workers and Employers in connection with legitimate job inquiries. Use of the messaging system is subject to these Terms and the following specific rules:
Violation of this section may result in immediate suspension of messaging privileges, account termination, and where appropriate, reporting to law enforcement.
Day Labor Work is not directed to children under the age of 13, and we do not knowingly collect personal information from anyone under 13. As stated in Section 15, you must be at least 18 years of age to use the Platform. If Day Labor Work becomes aware that a user is under the age of 13, that account will be terminated immediately and any personal information collected will be deleted in accordance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501-6506. If you believe a child under 13 has created an account, please contact us immediately through the contact page.
Day Labor Work may from time to time offer access to features, tools, or services that are in beta, preview, or early access ("Beta Features"). Beta Features are provided "as is" and "as available" without any warranty of any kind. Day Labor Work makes no representations that Beta Features will be error-free, reliable, or available on a continuous basis.
Day Labor Work is an interactive computer service as defined under Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Day Labor Work is not the publisher or speaker of any content posted, uploaded, or submitted by users of the Platform. Accordingly, Day Labor Work shall not be treated as the publisher or speaker of any such content and is not liable for any user-generated content under any federal or state law.
This protection applies to all user-generated content on the Platform, including but not limited to job postings, worker profiles, messages, reviews, ratings, photos, and any other content submitted by users. Day Labor Work's decision to remove or not remove any content does not affect this protection and does not make Day Labor Work a publisher of that content.
Nothing in this section limits Day Labor Work's right to remove content at its sole discretion under Section 29 (Right to Refuse Service) or any other provision of these Terms.
The following types of content are strictly prohibited on the Platform and may result in immediate account termination, reporting to law enforcement, and civil or criminal legal action:
Day Labor Work reserves the right to determine, at its sole discretion, whether content violates this section. Users who encounter prohibited content should report it immediately through the contact page.
Day Labor Work has a zero-tolerance policy toward child sexual abuse material (CSAM) of any kind. In compliance with 18 U.S.C. § 2258A, Day Labor Work is legally required to report any apparent violation involving child sexual exploitation to the National Center for Missing and Exploited Children (NCMEC) CyberTipline at www.missingkids.org, and will provide all available user information to NCMEC and law enforcement as required by law.
Any user who uploads, shares, possesses, or distributes CSAM through this Platform will have their account terminated immediately. All available information about that user, including account details, IP addresses, messages, and activity logs, will be preserved and reported to NCMEC and federal law enforcement, including the FBI and the Internet Crimes Against Children (ICAC) Task Force, without notice to the user.
There are no exceptions to this policy. Day Labor Work will not warn, notify, or give any opportunity to delete such content before reporting. If you encounter any content on this Platform that you believe involves the sexual exploitation of a minor, report it immediately through the contact page and directly to NCMEC at www.cybertipline.org.
In compliance with the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA), Day Labor Work strictly prohibits any use of the Platform to advertise, promote, facilitate, solicit, or engage in prostitution, sex trafficking, or the sexual exploitation of any person.
If you encounter any content or user activity on the Platform that you believe involves sex trafficking or exploitation, report it immediately to Day Labor Work and to the National Human Trafficking Hotline at 1-888-373-7888.
Day Labor Work cooperates fully with law enforcement agencies and will comply with all valid legal process, including subpoenas, court orders, search warrants, and emergency disclosure requests. In connection with any lawful legal process, Day Labor Work may disclose user account information, activity logs, messages, IP addresses, payment information, and any other data in its possession without notice to the user.
Day Labor Work provides users with the ability to report content or user behavior they believe violates these Terms. Reports can be submitted through the contact page.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it will be severed from these Terms. The remaining provisions will continue in full force and effect. The invalidity of one provision does not affect the validity of any other provision.
These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and Day Labor Work regarding your use of the Platform and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the subject matter herein. No waiver by Day Labor Work of any breach or default by you shall be deemed a waiver of any subsequent breach or default. Day Labor Work's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Any claim or cause of action arising out of or related to these Terms or your use of the Platform must be commenced within one (1) year after the claim or cause of action first accrues. If not commenced within this period, the claim is permanently barred, regardless of any contrary statute of limitations under applicable state or federal law. This shortened limitations period applies to all claims, whether based in contract, tort, negligence, strict liability, fraud, or any other legal theory.
You agree that this one-year limitation is a material and reasonable term of this agreement and that you have had a reasonable opportunity to seek legal advice regarding its effect. This provision does not apply to claims or enforcement actions brought by Day Labor Work against you for your breach of these Terms. To the extent any court determines that this shortened period is unenforceable as applied to any particular type of claim under applicable law, the shortest limitations period otherwise permitted by applicable law shall apply to that claim, and the enforceability of this clause as to all other claims shall not be affected.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DAY LABOR WORK EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY CLAIM, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM.
This waiver applies to all claims whether asserted as claims, counterclaims, crossclaims, or third-party claims. You acknowledge that this jury trial waiver is a material term of these Terms and that you have had the opportunity to consult an attorney regarding it. If this waiver is found unenforceable in any jurisdiction, the parties agree to the fullest waiver of jury rights permitted under that jurisdiction's law.
Day Labor Work does not set wages, hours, or working conditions and makes no determination about the proper legal classification of any Worker. Workers and Employers are solely responsible for compliance with all applicable federal, state, and local wage and hour laws in connection with any work arranged through the Platform.
Employers who have questions about worker classification or wage and hour compliance are strongly encouraged to consult a qualified employment attorney before using the Platform to hire Workers.
Certain types of work require a valid professional license, trade certification, or permit under applicable federal, state, or local law, including but not limited to electrical work, plumbing, HVAC, general contracting, roofing, and pest control. Day Labor Work does not verify that any Worker holds a required license, certification, or permit.
Day Labor Work does not screen, test, or verify whether any Worker or Employer is under the influence of alcohol, drugs, or any controlled or impairing substance at any time, including before or during any job.
Day Labor Work reserves the right, at any time and in its sole discretion, to modify, update, suspend, or permanently discontinue the Platform or any feature, function, or aspect of the Platform, with or without notice. This includes but is not limited to:
Day Labor Work shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform or any part thereof. Your continued use of the Platform after any modification constitutes your acceptance of those changes. Day Labor Work will make commercially reasonable efforts to provide advance notice of significant changes, but is not required to do so. No compensation or refund obligation arises solely from platform modification or discontinuation, except as required by applicable law.
Notwithstanding the mandatory arbitration agreement in Section 21, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration, without waiving the right to arbitrate the underlying dispute.
Day Labor Work expressly reserves the right to seek immediate injunctive relief, without bond or other security, in any court of competent jurisdiction to enforce:
You acknowledge that violations of the provisions listed above would cause irreparable injury to Day Labor Work for which monetary damages alone would be an inadequate remedy, and you consent to the granting of injunctive relief without the requirement of posting a bond or proving actual damages.
Except as expressly provided in these Terms or required by applicable law, each party shall bear its own attorney's fees, costs, and expenses in connection with any dispute, arbitration, or legal proceeding arising out of or relating to these Terms or your use of the Platform.
Notwithstanding the foregoing:
Day Labor Work connects Workers with Employers but has no presence at, knowledge of, or control over the physical conditions or activities at any job site. By registering as a Worker and using the Platform to find and accept jobs, you expressly acknowledge and accept the inherent risks of day labor work, including:
To the fullest extent permitted by applicable law, Workers voluntarily and expressly release, discharge, and hold harmless Day Labor Work and its officers, directors, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses arising out of or related to: (a) any bodily injury, personal injury, illness, or death suffered by a Worker in connection with any job arranged through the Platform; (b) any theft, robbery, assault, or criminal act directed at a Worker by an Employer or any third party encountered through the Platform; or (c) any property damage or loss occurring at or in connection with a job site. Workers acknowledge that they are voluntarily assuming all such risks and that Day Labor Work is not an insurer, guarantor, or protector of Worker safety. This release does not apply to harm caused by Day Labor Work's own gross negligence or willful misconduct.
Unknown claims. You give up the protection of California Civil Code section 1542 and of any similar law in any other state, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You accept that you may later learn facts you do not know today, and you release us anyway.
Day Labor Work does not assume, and hereby expressly disclaims, any affirmative duty to:
The fact that Day Labor Work provides a reporting mechanism, conducts monitoring for platform abuse, or takes enforcement action against some users does not create any duty of care, duty to warn, or duty to investigate with respect to any particular user or incident. Day Labor Work's safety and enforcement features are entirely voluntary and are provided as a convenience, not as a guarantee of safety or a commitment to prevent harm.
No user may assert a claim against Day Labor Work based on its failure to detect, investigate, remove, or warn about any other user or listing, regardless of what Day Labor Work knew or should have known. This disclaimer applies to all legal theories, including negligence, negligent undertaking, negligent enablement, and products liability.
If you are registering on the Platform or accepting these Terms on behalf of a corporation, limited liability company, partnership, or any other legal entity ("Business Entity"), you represent and warrant that:
If you do not have authority to bind the Business Entity, you may not accept these Terms or use the Platform on its behalf. All actions taken through an account associated with a Business Entity are deemed to be actions of and binding upon that Business Entity. Day Labor Work may, at its sole discretion, require written proof of authority to act on behalf of a Business Entity, and failure to provide such proof may result in suspension or termination of the account.
The Platform is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Information available on the Platform, including Worker profiles, work history, reviews, and ratings, does not constitute a "consumer report" under the FCRA and may not be used as a substitute for one.
Day Labor Work shall not be liable for any FCRA violation or any claim arising from any party's use or misuse of Platform data for employment screening or any other purpose requiring a permissible-purpose consumer report.
Day Labor Work is a technology marketplace and does not dispatch, assign, or place Workers with Employers. Day Labor Work does not employ Workers, does not direct their work, does not set their wages, and is not a party to any employment arrangement. Day Labor Work is not a "day labor service agency" as that term may be defined under the Missouri Day Labor Services Act (RSMo §§ 290.525–290.535) or any similar statute.
Employers who hire Workers through the Platform for same-day or short-term assignments may independently be subject to obligations under the Missouri Day Labor Services Act or similar statutes in other jurisdictions, including but not limited to:
Day Labor Work makes no representation that Employers are or are not subject to the Missouri Day Labor Services Act. Employers are solely responsible for determining and complying with all applicable labor and employment laws in the jurisdiction where work is performed. Day Labor Work shall not be liable for any violation of the Missouri Day Labor Services Act or any similar statute by any user.
These Terms, and the listings, labels, descriptions, and other content on the Platform, are written and maintained in English. English is the official and controlling language of these Terms and of your relationship with Day Labor Work.
For the convenience of our users, the Platform may display a Spanish version, or other translated versions, of these Terms and of other content. These translations are provided on a best-effort basis and may be produced in whole or in part by automated translation tools. We do not promise or guarantee that any translation is accurate, complete, current, or free of errors.
If there is any conflict, discrepancy, ambiguity, or difference in meaning between the English version and any translated version, the English version governs and controls in all cases.
You understand and agree that you rely on any translated version at your own risk. To the fullest extent permitted by law, Day Labor Work and Element Info Tech LLC are not responsible or liable for any loss, damage, dispute, misunderstanding, missed obligation, or other issue that results from or relates to a translation error, a mistranslation, or your reliance on a translated version rather than the English version. All translations are provided "as is" and "as available," without warranty of any kind.
If you do not fully understand any part of these Terms, any listing, or any other content in your preferred language, you should review the English version or seek your own assistance before relying on it or using the Platform.
Every job on the Platform must require the worker to be physically present at a real street address in the United States, on a stated date, doing physical work. If the work can be done from a phone or a laptop, it may not be posted here, offered here, or accepted here.
This bars remote, work from home, hybrid, virtual, and online listings of every kind. It bars device based tasks such as data entry, typing, transcription, captcha solving, surveys, app testing, social media posting or liking, and review writing. It bars anything that moves money through a worker, including payment processing, funds transfer, check cashing, gift card buying, and cryptocurrency, and it bars package receiving, reshipping, and mail forwarding, mystery shopping, product testing paid by check, and recruiting or referral schemes whose real product is signing up other people.
The test is where the work happens, not what the trade is. Skilled and technical work is permitted when it is performed in person at the job site, including computer repair and service calls, on site IT and help desk work, network technicians and engineers, and developers or administrators working at the employer's place of business. What is barred is the same work delivered over the internet from anywhere: remote IT or help desk support, remote or offshore development, remote design, writing, translation, bookkeeping, marketing, or video editing, virtual assistant work, remote customer service, and online tutoring. Using the Platform to outsource or offshore a task is prohibited on the same ground.
A listing that violates this section is removed without notice, and the account that posted it may be removed permanently and without refund. Where the conduct appears criminal, we report it to law enforcement.
The Platform operates only in the United States. Workers must be physically present in the United States and legally authorized to work here. Employers must be physically located in the United States and must be a United States resident or a business formed or registered in a United States state, with a real United States street address and phone number of their own, a United States taxpayer identification number available on request, and jobs performed at United States addresses.
No one may use a VPN, a proxy, a forwarding address, a virtual phone number, or another person's account to appear to be in the United States, and no one may post on behalf of, at the direction of, or for the benefit of a person or business located outside the United States. You also confirm you are not located in a country subject to a United States embargo and are not on any United States government list of restricted or sanctioned parties.
We may verify location and identity, and demand proof of any of the above, at any time, and we may hold or close an account while we wait. An account operated from outside the United States is treated as fraud rather than as a mistake and is removed permanently, without refund. This section is about where a user and a job actually are. It is not a test of anyone's citizenship or immigration status.
Never give personal information to someone you have not already worked for and confirmed is legitimate. That includes your home address, personal phone number, date of birth, Social Security number, photographs of a driver license, passport, or work authorization document, bank account or routing numbers, and payment app logins. Keep the conversation in Platform messaging until an actual working relationship exists.
An employer may need a Social Security number after a worker is actually hired, for a lawful purpose such as a Form I-9, issuing a Form W-2 to an employee, or collecting a Form W-9 from an independent contractor so a Form 1099 can be issued. It is never needed to apply, to be considered, or to be offered work, and it must never be sent through Platform messaging. Employers may not request it, or any identity document, through the Platform.
Walk away and report the account if anyone asks you to pay for a job, sends a payment and asks for part of it back, asks for a bank login or a texted verification code, offers a large amount of money for very little work, pushes you off the Platform immediately, or demands identity documents before hiring you.
To the fullest extent permitted by law, Day Labor Work and Element Info Tech LLC are not responsible or liable for identity theft, fraud, financial loss, a stolen or misused Social Security number, a compromised bank or payment account, or any criminal or malicious use of information you chose to give another user, whether that user was a real employer, an impostor, or someone who created an account for that purpose.
We use automated systems, including artificial intelligence, to scan content on the Platform for scams, fraud, and abuse. This covers every job listing and every message sent between employers and workers. Listings posted from free employer accounts are screened automatically before or shortly after they go live, and listings from paid accounts are screened as well.
Screening looks for requests for Social Security numbers, identity documents, or bank details, known scam patterns such as advance payments and overpayment refunds and gift card or cryptocurrency requests, attempts to move a conversation off the Platform to evade these protections, listings for remote or otherwise prohibited work, impersonation and fake businesses, harassment and threats, and requests for illegal or unsafe work.
When content is flagged we may hold, delay, or block a message, refuse or remove a listing, warn, suspend, or close an account, and escalate the content for human review, and we may report it to law enforcement. By using the Platform you acknowledge that messages sent through it are not private from Day Labor Work, and you agree not to attempt to evade, disable, or defeat this screening.
Screening is imperfect and is offered as a safety measure, not a guarantee. It can miss harmful content and it can flag content that is harmless, and a message may be delayed or blocked in error. Nothing in this section creates a duty to monitor, to detect any particular thing, or to protect you from another user, and Section 69 still applies. Your own judgment about who you are dealing with is the protection that matters most.
We grant you a personal, revocable, non transferable, non exclusive license to use the Day Labor Work iOS and Android apps on a device you own or control, for your own use of the Platform. You may not copy, modify, reverse engineer, or redistribute the apps, and you must follow the usage rules of the store you installed from.
For the iOS app, these Terms are between you and Day Labor Work only, never with Apple. We alone are responsible for the app and its content. Apple has no obligation to provide support or maintenance for it. If the app fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price, and to the fullest extent permitted by law Apple has no other warranty obligation. We, not Apple, are responsible for any claim relating to the app, including product liability, a failure to meet a legal requirement, and a claim under consumer protection or privacy law, and for handling any third party claim that the app infringes intellectual property rights. Apple and its subsidiaries are third party beneficiaries of these Terms as they apply to the iOS app and may enforce them against you. You confirm you are not in a country subject to a United States embargo and are not on a United States government list of prohibited or restricted parties.
For the Android app, the equivalent applies to Google: these Terms are between you and Day Labor Work, and Google is not responsible for the app, its content, or any claim relating to it.
We may ask any user at any time for evidence that they are who they say they are and that their jobs or claims are real, including a business registration, a license, proof of insurance, a physical address, a working phone number, a taxpayer identification number, or identity verification. We may hold listings or applications, suspend the account, or close it while we wait.
Refusing a reasonable request, or giving us information that turns out to be false, is a breach of these Terms on its own. We ask for verification through the Platform's own tools and never through a message from another user, so a request for your identity documents that arrives in a chat is a scam no matter what it claims we require.
These Terms are between you and Day Labor Work. Except for Apple and Google as described in the mobile app section, and except for our officers, employees, and agents where these Terms protect them, no other person has any right to enforce any part of them. Nothing here gives a worker a right to enforce our agreement with an employer, or an employer a right to enforce our agreement with a worker.
Day Labor Work is not an emergency service. Platform messaging is not monitored in real time, no one is watching for a call for help, and a message sent to us or to another user will not bring anyone to your location. Automated screening does not change that.
If you are hurt, threatened, or in danger, call 911 or your local emergency number first, and report it to us afterward so we can act on the account. Reporting something to us is never a substitute for calling for help, for seeking medical care, or for contacting the agency that regulates the situation. We have no obligation to respond to any report within any period of time.
We do not control the conduct of any user, or of a property owner, a passerby, or anyone else encountered because of a job. To the fullest extent permitted by law, we are not responsible or liable for assault, theft, harassment, threats, discrimination, property damage, defective work, or any other harmful or criminal act committed by another person, whether on a job site, in Platform messaging, or anywhere else.
A crime belongs to the police and a loss belongs to an insurance carrier, not to a job board. Report the conduct to us as well so we can remove the account, but our removal of an account is enforcement of our own rules and is not a finding, an admission, or a remedy.
Users are free to continue working together without going through the Platform again. Once an arrangement moves off the Platform there is no record of the conversation, no listing of the agreed terms, no rating history, and nothing for us to act on if it goes wrong.
We are not responsible for anything that happens in an off Platform arrangement, including work arranged by text message, phone call, email, social media, or an outside app after an introduction that began here. Our screening, our reporting tools, and our enforcement reach only what happens on the Platform.
Data on the Platform records activity here. It is not payroll, not a timesheet, and not proof of hours worked, wages earned, or work performed. Keep your own records.
We do not provide employment verification, references, or wage statements, and we may change, archive, or delete Platform data as described in our Privacy Policy. We do not determine anyone's eligibility for unemployment, disability, workers compensation, or any public benefit, and we do not appear on any user's behalf in such a claim.
Anything you give another user is outside our control from that moment on, whether it was typed into a message, shown in person, or sent by any other means. We cannot retrieve it, we cannot make them delete it, and closing your account does not remove their copy.
To the fullest extent permitted by law, we are not responsible or liable for what another user does with information you gave them, including identity theft, fraud, financial loss, or any criminal or malicious use of it. These Terms tell you plainly not to share a Social Security number, an identity document, or bank details with anyone who has not hired you.
If you have questions about these Terms or want to report a violation, contact us here.