Recz Commercial Terms of Service

Last updated November 10, 2021

These Recz Commercial Terms of Service (the "Commercial Terms") constitute a legal contract between you, as a provider of services (such as home services, personal services and professional services), and Zuzu, Inc., the owner of the Recz Platform ("Recz", "we" or "us") and supplement the General Terms of Service between you and Recz (the “General Terms” and, collectively with the Commercial Terms, the “Terms”). Capitalized terms used herein and not defined herein are used as defined in the General Terms. The Commercial Terms apply only to commercial users (as defined below) and do not apply to non-commercial users.

Your use of the Recz Platform, Services and Site is subject to and governed by these Commercial Terms and the General Terms. The General Terms are deemed incorporated in these Commercial Terms, mutatis mutandis. Please review the General Terms and these Commercial Terms carefully.

Acceptance of Commercial Terms. All commercial users must review and accept the terms of this Agreement. Commercial users will be deemed to have accepted these Terms by using the Services, including without limitation by (i) visiting the Site, (ii) sending, responding to or discussing a question or search using the Platform, (iii) advertising on or through the Platform, (iv) posting on the Site, including through the user’s Profile page, (v) otherwise messaging through the Platform or using the Services or (vi) connecting with the Platform through APIs. In addition, we may require commercial users to affirmatively accept the terms of this Agreement by (i) clicking on the “Accept” button or other mechanism provided for in these Commercial Terms or (ii) signing or confirming an agreement incorporating these Terms (an “Acceptance”); provided however that our failure to require you take an affirmative action to accept these terms will not be deemed to invalidate the foregoing deemed acceptance. If you do not agree with any of these Terms, do not access or otherwise use the Services or take any other of the foregoing actions. You may download and/or print a copy of these Terms for your records at: www.getrecz.com/?page=commercial-terms.

LEGAL CONTRACT. PLEASE REVIEW THESE COMMERCIAL TERMS CAREFULLY AS WELL AS THE GENERAL TERMS AND OUR PRIVACY POLICY (www.getrecz.com/?page=privacy-policy). ONCE ACCEPTED, THESE COMMERCIAL TERMS BECOME A BINDING LEGAL CONTRACT BETWEEN YOU AND RECZ. IF YOU DO NOT AGREE TO BE BOUND BY THESE COMMERCIAL TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES.

Parties. Except as may be expressly set forth in the Commercial Terms, the Commercial Terms apply to the use of the Services by any “commercial users,” defined as (i) providers of home services, personal services, professional service and other services, (ii) employees and independent contractors of such providers, “experts” (whether identified as such by the User or by one or more third parties), Content providers, advertisers and affiliates, and others using the Services for commercial purposes, as permitted by these Commercial Terms. The term “user” means any user of the Platform, the Site or the Services, whether a commercial user or a non-commercial user.

For commercial users, if any of these Commercial Terms conflict with the General Terms, the Commercial Terms will control with respect to such conflict. Where there is no conflict, the “Commercial Terms,” as used in connection with a commercial user, includes the Commercial General Terms.

Services Availability. We transmit messages initiated by you or sent to you by our members and other users through different methods of transmission, including without limitation text, email and direct messaging, using third-party providers, and the level of reliability and support for special features varies according to the method and the third-party provider.

You are responsible for (i) obtaining and maintaining all computer hardware (including without limitation a mobile “smartphone”), software, and communications equipment needed to access the Platform, visit and interact with the Site and use the Services and (ii) paying all access and communications charges (e.g., Internet Service Provider charges, mobile phone fees and expenses, including texting plans, and other communications charges) incurred while accessing the Platform or using the Services.

Recz is not responsible for the initial launch or final delivery of any communication transmitted through or using Recz’s Platform, as these are out of our control and are the responsibility of your communications carriers and third-party providers of services to us.

Accounts

Registration. At any time, we may require you to register in order to access and use the Services or Platform. In our discretion we may permit you to use the Platform and the Site without registering. Your use of the Platform and Site, or completion of an Acceptance or other form of acceptance of the Terms do not guarantee that we will accept you as a commercial user.

As part of the Account creation process, a commercial user may be asked to provide certain information, including its email address, a physical address, business landline or mobile telephone number as well as contact information of individuals who will receive and respond to messages delivered using the Platform, and to create a password. Such information must be true, accurate, current and complete information and you must keep that information true, accurate, current and complete after you create your Account.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Recz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Recz has the right to suspend or terminate your Account and refuse any and all current or future use of the Services or the Platform. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Services or the Platform if you have been previously removed by Recz, or if you have been previously banned from access to any use of any of the Services or the Platform.

Passwords. Keep your password and let us know if it is compromised. You are responsible for maintaining the confidentiality of your password. You agree to take all reasonable precautions to prevent unauthorized access to or use of our Services, and you will notify us promptly of any unauthorized access or use. Additionally, you agree to notify Recz of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. We will not be liable for any loss or damage arising from unauthorized use of your account.

Illegal and Fraudulent Activity. Any suspected fraudulent, abusive, or otherwise illegal activity related to our Services may be grounds for suspension or termination of your user account, in Recz’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Outbound Texting. You represent and warrant that the owners of the mobile numbers you use to initiate messages through the Platform have consented or otherwise opted-in to the receipt of such messages as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information in your outbound messages when required to do so by any applicable law or regulation, and adhere to applicable consumer best practices promulgated by governmental and non-governmental agencies and organizations.

Agreement to Learn About and Comply with the Relevant Laws. You agree to familiarize yourself with and abide by all applicable local, state, national, and international laws and regulations pertaining to your use of our Services. You are solely responsible for all acts or omissions that occur under your account, including, without limitation, the content of the messages and broadcasts that you create and initiate through our Services. The Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) of 2003, the Canada Anti-SPAM Legislation, applicable Federal Trade Commission and Federal Communications Commission rules, the National DNC list registry rules, and various state laws, rules, and regulations place restrictions on certain types of phone calls and text messages. Without limiting the foregoing, you agree to familiarize yourself with the legal requirements triggered by any messages, calls, broadcasts, and campaigns transmitted through the Services by visiting the following websites:

Federal Trade Commission, www.ftc.gov
Federal Communications Commission, www.fcc.gov
National Do Not Call (DNC) Registry, www.donotcall.gov

Recz is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy, and it is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts, and campaigns prior to using the Site, the Platform or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.

Prohibited Uses of Our Services. You accept that commercial Services provided to commercial users are provided for professional use only, and you agree to comply with all restrictions on use of the Services set forth in the Terms. Recz will not be liable for any misuse of the Services by you. Recz is not responsible for the views and opinions contained in any of your messages. You further agree that Recz is, under no circumstances, responsible for the contents and/or accuracy of your messages and that Recz will only transmit them on a basis of good faith that you use the Services in accordance with these Commercial Terms.

By creating an Account with Recz, you agree that Recz may contact you via calls, text messages, or email to provide you with information about your account, transactions, and/or the Services requested by you.

RECZ DOES NOT NOW CHARGE FOR YOUR USE OF THE SITE, THE PLATFORM OR ITS BASIC SERVICES. BY USING THE SITE, THE PLATFORM AND ITS BASIC SERVICES, YOU ACKNOWLEDGE AND AGREE THAT IN THE FURTURE RECZ MAY CHARGE YOU AND MAY CONDITION YOUR CONTINUED USE ON PAYING FEES WE CHARGE.

WE WILL NOT CHARGE YOU WITHOUT REASONABLE NOTICE AND AN OPPORTUNITY TO CEASE USING THE PLATFORM, THE SITE AND THE SERVICES. YOU MAY CEASE USING THE PLATFORM, THE SITE AND THE SERVICES AS PROVIDED HEREIN.

Termination, Cancellation, and/or Suspension by Recz. We may at any time suspend, terminate and/or cancel your use of the Services, for any reason or without reason, with or without notice to you. Without limiting the foregoing, if you breach these Commercial Terms at any time, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. Upon termination, for any reason, you agree to immediately cease using the Services and Recz shall have no obligation to you after any termination or cancellation of these Commercial Terms.

The provisions in these Commercial Terms regarding ownership, payments, warranties, and indemnification will survive any suspension, termination, or cancellation of your use of our Services.

Termination by You. You are free to terminate or cancel your use of the Services at any time, and for any reason or for no reason. Unless due to a material breach solely by Recz that it fails to cure within thirty (30) days of its receipt of your notice, in no event shall Recz be obligated to refund to you any portion of any amounts prepaid by you.

Restrictions on Use of Services or Platform

Use of Third-Party Text Numbers. You represent and warrant that (i) you have or have procured all power and authority necessary to use any mobile phone numbers and email addresses you register or associate with your Account, without the consent of any third party (or, if consent is required, after obtaining such third party’s consent), (ii) you will not use the Services on a mobile phone number that has been exchanged, rented, or purchased from a third party without the permission of such third party, (iii) you will use the Services for legal purposes only, and (iv) you agree to execute any additional documents necessary to ensure your authority to use the mobile phone numbers.

Contact Us. If you have any questions about the Commercial Terms or the General Terms or need to contact Recz for any reason, you can reach us at:
Zuzu, Inc.
Attention: Legal
dzakas@getrecz.com