TAG EULA

End-User License Agreement — TempGuru

Effective Date: March 4, 2026 Last Modified: May 4, 2026 Version: 2.0

PLEASE READ THIS END-USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE ACCESSING OR USING THE SERVICES CONTAINED IN THIS APPLICATION AND SITE.

BY CLICKING ON THE "ACCEPT" BUTTON AND ACCESSING THESE SERVICES, YOU ARE REPRESENTING AND WARRANTING THAT:

  • YOU ARE OVER EIGHTEEN (18) YEARS OLD; AND
  • YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT WITHOUT MODIFICATION AND AS IT IS UPDATED FROM TIME TO TIME.

The Services are operated from the United States. You may use the Services from anywhere they are accessible by law, but the SMS-based features described in Section 16 (TAG) are available only to Users texting from a phone number issued by a U.S. wireless carrier.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND ANY UPDATES, CLICK THE "DO NOT ACCEPT" BUTTON AND YOU WILL NOT HAVE ACCESS TO, OR THE AUTHORIZATION TO USE, THE SERVICES.

1. Acceptance of Terms

Welcome to the Temporary Assistance Guru™ application service and website, and all related software, tools, features, and functionalities provided by Temporary Assistance Guru, Inc. (the "Company") for connecting staffing agencies that provide temporary employees ("Staffing Companies") with companies seeking to hire personnel for events ("Hiring Companies"), collectively referred to herein as the "Services."1 The Services include without limitation: the Company's proprietary matching algorithm, job posting platform, candidate search functionality, messaging system (including the AI-assisted SMS service known as TAG™, defined below), and reporting tools designed to facilitate temporary staffing arrangements. All Users of the Services do so at their own risk.

The following terms apply when any visitors, individuals, entities, Staffing Companies, Hiring Companies, or others (collectively, "Users,"2 "your," or "you") view or use the Services via our website (the "Site") or by accessing the Services through the application (the "App") on a computer, mobile, or other device. Please review the following terms carefully. You must be eighteen (18) years of age or older to access the Services. You represent and warrant that you have the right, authority, and capacity to agree to the terms of this Agreement on behalf of yourself and any entity you represent.

This is a legally binding contract. By clicking "Accept" and/or accessing or using the Services, you signify your agreement to this Agreement, as well as any updates to this Agreement we may make from time to time. If you do not agree to this Agreement, or the updates to this Agreement, you may not access or use, or continue to use, the Services. The Services are owned by the Company and/or its affiliates (collectively, "we," "us," or "our").

TAG™. "TAG" means the Company's AI-assisted SMS-based assistant service, including the Twilio-provisioned phone number(s) and the related AI agent that processes inbound text messages, executes operational tools, and replies on behalf of an authorized Staffing Company. TAG is a component of the Services and is governed by Section 16 (SMS Program and Messaging Terms) in addition to the rest of this Agreement.

Privacy Policy. Your use of the Services is also governed by the Company's Privacy Policy, available at https://tempguru.co/privacy-policy (the "Privacy Policy"), which is incorporated into this Agreement by reference. In the event of a conflict between this Agreement and the Privacy Policy regarding the Company's collection, use, or disclosure of personal information, the Privacy Policy controls.

Children. The Services are not directed to children. The Company does not knowingly collect personal information from any user under thirteen (13) in violation of the Children's Online Privacy Protection Act (COPPA), and does not knowingly sell or share personal information of any user under sixteen (16) in violation of the California Privacy Rights Act. If you believe a child has provided personal information through the Services, contact privacy@tempguru.co.

2. Registration for Account

To sign up for the Services and become a User, you must create a personalized account that includes unique log-in credentials to access the Services, and you need to provide an email address to receive messages from the Company. You will also need to provide valid credit card information. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company is not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password, and/or account.

3. Non-Transferability of User Account

User accounts and User log-in credentials are non-transferable, and you must take preventative measures to prohibit unauthorized Users from accessing the Services with your log-in credentials. You may not assign this Agreement, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by the Company unless acknowledged by the Company in writing. The Company has no obligation to provide you with written acknowledgment. The Company may, at any time and in its sole discretion, assign this Agreement, in whole or in part, or delegate any of our rights and responsibilities under this Agreement to any third party or entity.

4. Single User License Grant

The Company grants you a limited, revocable, nonexclusive, nontransferable, and non-sublicensable license to access and use the Services only on this Site or App with authorized and validly issued log-in credentials. There are no implied licenses granted under this Agreement, and any rights not expressly granted to you hereunder are reserved by the Company. You agree that you do not have the rights to own title, or transfer title, to the Services, or the Site or App, or rights in any trademarks, service marks, trade secrets, copyrights, or patents associated therewith.

5. Use Restrictions

You are allowed to use the Services only if you agree to the following rules. If you are a Staffing Company or Hiring Company, you represent and warrant that your employment and hiring practices comply with all applicable equal-employment-opportunity, anti-discrimination, and wage-and-hour laws. By using the Services, you agree that you may not under any circumstances:

  • Use the Services for any unlawful purpose or for the promotion of illegal activities (including, without limitation, any failure to comply with laws and regulations governing export control, unfair competition, infringement of intellectual property rights, sale of illegal substances or services, solicitation of illegal substances or services, false advertising, or with laws or regulations prohibiting discrimination or segregation by reason of race, color, religion, disability, sex, sexual orientation, or national origin or otherwise);
  • Harass, abuse, or harm, or attempt to harass, abuse, or harm, another person, business, or group;
  • Use another User's account without permission;
  • Provide false or inaccurate information when registering an account;
  • Interfere or attempt to interfere with the proper functioning of the Services;
  • Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • Collect or store personal data about others in connection with prohibited conduct;
  • Bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;
  • Facilitate or encourage any violations of this Agreement;
  • Copy (in whole or in part), modify, reverse engineer, decompile, disassemble, enhance, or create derivative works from, the Services or the Site or App;
  • Distribute, sublicense, rent, lease, or sell the Services;
  • Provide material support or resources to any organization designated by the United States as a foreign terrorist organization; or
  • Remove or alter any copyright or other proprietary notice on or in the Services or the Site or App, including but not limited to output, reports, and other materials generated by the Services.

6. Posting and Conduct Restrictions

You are solely responsible for the content you post, upload, link to, or otherwise make available via the Services ("User Content"). All User Content is posted at your sole risk, and you agree that we are only acting as a passive conduit for your distribution and publication of your User Content. The following rules pertain to your User Content. By transmitting and submitting any User Content while using the Services, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You agree to take steps to protect your own safety and that of others when communicating and having contact with any persons responding to your User Content;
  • You will not post information that is malicious, false, or inaccurate, or that invades another's privacy;
  • You will not post any information that is abusive, threatening, obscene, defamatory, libelous, pornographic, sexually explicit, or racially, sexually, religiously, or otherwise objectionable or offensive;
  • You will not publish or link to malicious content intended to damage or disrupt another User's browser or computer;
  • You will not engage in any unwanted advertising, promotions, spam, or chain letters;
  • You will not submit User Content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such User Content;
  • You will not submit User Content that offers to sell any products or services that are illegal anywhere in the United States;
  • You will not submit User Content that solicits any products or services that are illegal anywhere in the United States;
  • Any contact between you and another User is done at your own risk; and
  • You hereby affirm we have the right, but not the obligation, to determine in our sole discretion whether any of your User Content submissions are appropriate and comply with this Agreement, remove any and/or all of your submissions, and terminate your account in accordance with the Termination paragraph below.

Termination. The Company may terminate or suspend your access to the Services as follows:

  • For cause with notice and cure. For any non-emergency breach of this Agreement (including but not limited to non-payment, ordinary violations of the Use Restrictions in Section 5, or non-emergency violations of the Posting and Conduct Restrictions in this Section 6), the Company will provide written notice describing the breach and a reasonable opportunity to cure of not less than seven (7) days before suspending or terminating the account. For Hiring Companies actively using TAG to coordinate a scheduled event, the Company will use commercially reasonable efforts to avoid suspension during the event itself.
  • Immediate termination. The Company may suspend or terminate your account immediately, without prior notice or cure period, in response to (a) safety, security, or fraud incidents; (b) material legal or regulatory risk; (c) failure to maintain valid payment information after notice; (d) violations involving harassment, abuse, threats, illegal content, or violation of others' rights; or (e) repeated material breach following a prior cure period.
  • Refunds. Upon termination by the Company without cause, or upon non-renewal at the end of a billing period, the Company will refund any prepaid, unused fees on a pro-rata basis. The Company is not required to provide refunds for accounts terminated for cause under this paragraph.
  • Effect of termination. Sections that by their nature should survive termination (including Sections 7 (Indemnification), 12 (License You Grant to the Company for User Content) for pre-termination data, 13 (Intellectual Property), 14 (Privacy and Data Processing), 18 (Limited Warranty and Disclaimer), 19 (Limitation of Damages; Release), 22 (General Terms, including Dispute Resolution and the Class-Action and Collective-Action Waiver), and any data-retention obligations in the Privacy Policy) will survive termination of this Agreement.

The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services, including through the AI-assisted features of TAG as described in Section 16.

You understand and agree that any liability, loss, or damage that occurs as a result of the use or posting of any User Content that you make available or access through your use of the Services is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content.

7. Indemnification

You agree to release, hold harmless, and indemnify the Company, its employees, agents, officers, shareholders, directors, and affiliates from and against any and all actions, causes of actions, claims, suits, and demands whatsoever, and from all damages, liabilities, costs, charges, debts, and expenses whatsoever (including reasonable attorneys' fees and expenses related to any litigation or other defense of any claims), whether or not a lawsuit is filed, which may be asserted or for which we or they may now or hereafter become subject arising in connection with: your breach or anticipated breach of any of the terms of this Agreement; any negligent or intentional act committed by you; or a dispute between you and one or more Users.

8. Export Control

The Services, including technical data, are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to use the Services only in jurisdictions where the use of the Services is permitted by law. You agree to strictly comply with all applicable international and national laws that apply to the Services, including export control regulations.

9. Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends through the Services. Under no circumstance is the Company responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Services, or transmitted to Users.

Though the Company strives to enforce this Agreement, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the Services or to limit or deny a User's access to the Services or take other appropriate action if a User violates this Agreement or engages in any activity that violates the rights of any person or entity or that we deem unlawful, offensive, abusive, harmful, or malicious. The Company has the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this Agreement or that might be offensive, or that might violate the rights, harm, or threaten the safety of Users or others. Unauthorized use may result in criminal and/or civil prosecution under federal, state, and local law. If you become aware of misuse of our Services, please contact us.

AI-generated and AI-assisted content and actions. Some replies generated through TAG, and some operational actions executed by TAG (including but not limited to placing or modifying orders, scheduling assignments, recording no-shows, and recording do-not-return preferences), are produced or assisted by an artificial-intelligence system as further described in Section 16 and the Privacy Policy. AI-generated replies and AI-executed actions are not legal, financial, medical, or other professional advice. The Company does not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated reply or any AI-executed action. You are responsible for reviewing automated replies and confirming critical operational actions before relying on them for material decisions.

10. Links to Other Sites and/or Materials

As part of the Services and on the Site and App, you may be provided with convenient links to third-party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software, or Content"). These links are provided as a courtesy to Users. The Company has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods, or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Services or any Third Party Applications, Software, or Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that this Agreement no longer governs. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services, or relating to any applications you use or install.

11. Copyright Complaints and Copyright Agent

DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on or through the Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. § 512) ("DMCA") by sending the following information in writing to the Company's designated copyright agent.

Designated Copyright Agent: Name: Megan Hayward Address: 4651 Swilcan Bridge Lane, Jacksonville, FL 32224 Phone: (865) 806-5519 Email: legal@tempguru.co

Your notice must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
  5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notices. If you believe that your User Content that has been removed from the Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside of the United States, for any judicial district in which the Company may be found, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company's copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that the Company may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or User, the removed content may (in the Company's discretion) be reinstated on the Services in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

12. License You Grant to the Company for User Content

When you provide content to the Company (including User Content posted on the Services and any messages you send through TAG), you grant the Company a limited, non-exclusive, royalty-free license to process that content solely for the purpose of providing the Services to you and to your Staffing Company or Hiring Company counterparty, in accordance with the documented instructions of the applicable Staffing Company or Hiring Company under its Customer Agreement and Data Processing Addendum with the Company, and subject to the Privacy Policy. "Process" includes the operations reasonably necessary to deliver the Services, such as hosting, storing, transmitting, displaying, and routing User Content.

You expressly acknowledge that:

  • The Company will not sublicense your User Content or transfer it to any third party except to sub-processors listed in the Privacy Policy and only for the purpose of delivering the Services, or as required by law;
  • The Company will not sell your User Content;
  • The Company will not use your User Content to train or fine-tune any artificial-intelligence model;
  • The Company will not combine the contents of SMS messages, Worker performance records, or Hiring Company orders with the data of any other Staffing Company or Hiring Company for any purpose;
  • The Company may use aggregate, de-identified platform-usage metrics (which exclude message content, Worker personally identifiable information, and order content) to improve the Services, consistent with Section 5.6 of the Privacy Policy;
  • This license terminates when you stop using the Services or when the Staffing Company's or Hiring Company's contract with the Company ends, subject to the retention periods in the Privacy Policy.

You represent and warrant that you have the right to grant this license with respect to all User Content you provide.

13. Intellectual Property

All title and intellectual property rights in and to the Services, the Site, and the App (including but not limited to any trademarks or service marks, digital data or data sets, documents, images, photographs, animations, video, audio, music, and text incorporated into the Services) are owned by the Company or its suppliers. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including the names "Temporary Assistance Guru™" and "TAG™" and all other applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement. You agree not to infringe on any intellectual property rights in and to the Services.

14. Privacy and Data Processing

The Company's collection, use, and disclosure of personal information in connection with the Services is governed by the Privacy Policy, available at https://tempguru.co/privacy-policy. The Privacy Policy is incorporated into this Agreement by reference. The Privacy Policy describes:

  • The categories of personal information the Company collects and the purposes for which it is used;
  • The Company's role as a service provider to Staffing Companies for Worker employment data and to Hiring Companies for client interaction data;
  • How the Company processes SMS messages sent to TAG and the Company's Zero Data Retention arrangement with its AI service provider;
  • Sub-processors used by the Company;
  • Data retention periods;
  • Your rights with respect to your personal information, including the right to access, correct, and delete it; and
  • How to contact the Company to exercise those rights.

Data Processing Addendum. Where the Company processes personal information on behalf of a Staffing Company or Hiring Company that acts as a "business," "controller," or equivalent under applicable privacy law (including the California Consumer Privacy Act / California Privacy Rights Act, the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, and other comparable U.S. state laws), the parties shall enter into the Company's standard Data Processing Addendum ("DPA"), available at https://tempguru.co/dpa [CREATE WHEN PUBLISHED], which is incorporated by reference into the applicable Customer Agreement between the Company and that Staffing Company or Hiring Company. The DPA sets out the parties' respective roles, processing instructions, sub-processor approvals, security commitments, data-subject-request handling, breach-notification obligations, and termination procedures required to satisfy each party's obligations under applicable privacy law. To the extent of any conflict between this Agreement and the DPA regarding the processing of personal information, the DPA controls.

If you do not agree with the Privacy Policy, you may not use the Services.

15. User Consent to Receive Communications in Electronic Form

You hereby expressly consent to receive communications from the Company in electronic form via:

  • The email address you have submitted, for messages relating to your account, the Services, transactional notifications, and (where you have not opted out) marketing communications; and
  • Phone calls and text messages to the phone number you have submitted, only on the terms set out in Section 16 (SMS Program and Messaging Terms) and only after you have completed the affirmative-consent process described in that Section. Your affirmative consent under Section 16.2 constitutes "prior express written consent" within the meaning of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, and applicable state mini-TCPA laws.

You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing, including under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) ("E-SIGN") and any applicable state Uniform Electronic Transactions Act ("UETA"). The foregoing does not affect your non-waivable rights.

You may opt out of marketing emails at any time by following the unsubscribe link in any marketing email or by contacting privacy@tempguru.co. You may opt out of TAG SMS communications at any time as set out in Section 16.3. Opting out of marketing or SMS communications will not affect your continued receipt of transactional and account-related communications necessary to provide the Services.

16. SMS Program and Messaging Terms

This Section 16 governs your use of the AI-assisted SMS service known as TAG, operated by Temporary Assistance Guru, Inc.

16.1 Program Information

  • Program name: TempGuru / TAG
  • Program description: TAG is an SMS-based assistant that allows authorized contacts of a Staffing Company's Hiring Company clients (and authorized Staffing Company personnel) to perform operational tasks via text message — including placing or modifying staffing orders, requesting roster information, requesting invoices, reporting no-shows, and similar operational activities. TAG replies are generated with the assistance of an AI service provider as described in Section 16.4.
  • Use case: Customer Care / Operations.
  • Message frequency: Message frequency varies based on your usage of the Services. The Company will not initiate marketing messages through TAG. The only messages the Company initiates without an inbound trigger are: (a) a one-time welcome sequence sent to a Staffing Company operator at provisioning, and (b) operational exception notices to authorized Hiring Company contacts who have explicitly enabled them in advance.
  • Message and data rates: Message and data rates may apply. Your wireless carrier's standard messaging and data rates apply to all SMS communications. The Company is not responsible for charges from your wireless carrier.
  • Carrier disclaimer: Wireless carriers (including but not limited to AT&T, T-Mobile, Verizon, US Cellular, and others) are not liable for delayed or undelivered messages.

16.2 Affirmative Consent (Pre-Processing Disclosure)

Before any inbound text message you send to a TAG-provisioned phone number is processed by the AI service or stored in your conversation history, you will receive an automated disclosure that identifies the AI service and asks for your affirmative consent. You consent by replying with the keyword YES, Y, or AGREE. If you do not provide affirmative consent, the Company will not process the content of your message with the AI service or store the content of your message, and you will be invited to contact the Staffing Company through other channels.

Your reply of YES, Y, or AGREE constitutes your prior express written consent under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations at 47 C.F.R. § 64.1200, and applicable state mini-TCPA laws (including, where applicable, the Florida Telephone Solicitation Act, Oklahoma Telephone Solicitation Act, Washington Commercial Electronic Mail Act, and other state laws governing telephone solicitations and automated text messages). Your consent is not required as a condition of purchasing any goods or services.

Your consent is specific to the Staffing Company associated with the phone number you texted. Consent given for one Staffing Company does not transfer to another Staffing Company.

16.3 Opt-Out and Help

  • To opt out: Reply STOP, END, CANCEL, QUIT, or UNSUBSCRIBE (case-insensitive) at any time to any message from a TAG-provisioned number. After you reply with any of these keywords, you will receive one final confirmation message and will not receive further messages from that TAG-provisioned number unless you opt back in. You may opt back in by replying START or UNSTOP.
  • For help: Reply HELP (or INFO) at any time to any message from a TAG-provisioned number to receive a brief description of the program and contact information for live support.
  • To reach a human: Reply HUMAN at any time to be routed to a live representative at the Staffing Company.

16.4 AI Processing

Your inbound messages are processed by an AI service provider (currently Anthropic, PBC) to generate operational replies on behalf of the Staffing Company. Under the Company's Zero Data Retention agreement with its AI service provider, the contents of your messages are not retained by the AI service provider beyond the API call needed to generate a response and are not used to train AI models. Your messages are stored in the Company's hosting environment for the retention period set out in the Privacy Policy. The Company will not use the contents of your TAG messages for marketing or advertising and will not combine them with the data of any other Staffing Company.

16.5 Authorized Use Only

By texting a TAG-provisioned number, you represent that you are an authorized contact of the relevant Hiring Company or Staffing Company. You agree not to send: (a) personal information about other individuals (such as worker contact information, government identifiers, payment card numbers, or health information) other than what is reasonably needed to coordinate a staffing assignment; (b) unsolicited marketing or commercial offers; (c) abusive, threatening, harassing, defamatory, or unlawful content; (d) messages on behalf of someone other than yourself or the entity you represent; or (e) any content prohibited by Section 5 or Section 6 of this Agreement.

16.6 Support Contact

For SMS-related questions, complaints, or assistance with opt-out:

  • Email: support@tempguru.co
  • Phone: (904) 206-8953
  • Mail: Temporary Assistance Guru, Inc., 333 1st St N, Suite 200, Jacksonville Beach, FL 32250

16.7 Privacy

For details on how the Company collects, uses, retains, and protects information you provide through TAG — including information processed by the AI service provider and the SMS carrier — see the Privacy Policy at https://tempguru.co/privacy-policy.

16.8 Eligibility and Geography

TAG operates over U.S. wireless carriers and is currently available only to Users texting from a phone number issued by a U.S. wireless carrier. By using TAG, you represent that you are eighteen (18) years of age or older and that you are texting from a U.S. wireless number. There is no citizenship or residency requirement to use TAG.

17. System Requirements and Internet Delays

Use of the Services requires internet access, a computer, tablet, mobile phone, or similar device, and may require other equipment from time to time ("Device(s)"). The Company may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements and the format of any content, in whole or in part, without notice or liability to you. Your ability to use the Services may be affected by the performance of the Device(s), or your internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Device(s), as in effect from time to time, and to maintain, update, and upgrade your Device(s), including the payment of all internet access and Device fees, without recourse to the Company. The Services may be subject to limitations, delays, and other problems that are associated with the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from these problems.

18. Limited Warranty and Disclaimer

THE COMPANY WARRANTS THAT IT IS THE OWNER OF THE SERVICES AND HAS THE RIGHT AND AUTHORITY TO GRANT THE LICENSE TO THE SERVICES. THE COMPANY DOES NOT WARRANT, GUARANTEE, ACCEPT ANY CONDITION, OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS-AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SERVICES. THE COMPANY DOES NOT WARRANT THAT THE SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, IDENTITY THEFT, THREAT OF HACKERS, OR OTHER PROGRAM LIMITATIONS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT ANY REPLY GENERATED BY TAG OR ANY OTHER AI-ASSISTED FEATURE OF THE SERVICES WILL BE ACCURATE, COMPLETE, TIMELY, OR FIT FOR ANY PARTICULAR PURPOSE.

19. Limitation of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT IS THE COMPANY, ITS AFFILIATES, OFFICERS, SHAREHOLDERS, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OF OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE ENTIRE CUMULATIVE LIABILITY, UNDER ANY THEORY, FOR ALL MATTERS ARISING FROM OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNTS PAID TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN FULL.

20. Modification of Agreement

We can amend this Agreement from time to time, and will update this Agreement in the event of any such amendments. It is your responsibility to check the Site or App from time to time to view any such changes. We will notify you of material changes to this Agreement (including material changes to the SMS Program and Messaging Terms in Section 16, or to the Privacy Policy referenced in Section 14) by posting a notice on the Site and App at least thirty (30) days before such changes take effect, and, where we have your contact information, by email or in-app notification. We will not apply material changes retroactively to information collected under a prior version of this Agreement without obtaining renewed consent where required by law. Continued use of the Services after the effective date of a non-material change signifies your agreement to the revised terms.

Any changes to this Agreement (other than as set forth in this paragraph) or waiver of the Company's rights hereunder are not valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications is valid.

21. No Partnership

The Company renders its services as an independent contractor; there is no joint venture, partnership, employment, or agency relationship between the parties.

22. General Terms

Our rights under this Agreement survive any termination of this Agreement. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision is deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms continue in effect.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

This Agreement and your use of the Services are governed by the federal laws of the United States of America and the laws of the State of Florida, without regard to conflict of law provisions. Notwithstanding the foregoing, residents of any state, province, or country with a privacy or consumer-protection law that grants greater rights or imposes additional obligations retain those rights and the protections of that law.

This Agreement is binding on the parties and inures to the benefit of the parties' respective successors and permitted assigns. This Agreement is for the sole protection of you and the Company. It does not confer any rights or benefits on any third party. In the event of your breach or anticipated breach of this Agreement, the Company may seek any and all costs and expenses, including but not limited to attorneys' fees.

Dispute resolution. For any dispute, controversy, or claim arising out of or relating to this Agreement (a "Dispute"), the parties agree to first attempt to resolve the Dispute through good-faith negotiations between executives with decision-making authority. If the Dispute is not resolved within thirty (30) days of the initial written notice of the Dispute, the parties agree to submit the matter to non-binding mediation under the Commercial Mediation Rules of the American Arbitration Association. The parties agree that mediation shall be conducted solely and exclusively in Jacksonville, Florida, and the costs of the mediation shall be shared equally by the parties. Each party shall participate in the mediation in good faith and with decision-making authority. If the Dispute is not resolved within sixty (60) days after the request for mediation, the Dispute shall be finally resolved by binding arbitration conducted solely and exclusively in Jacksonville, Florida, under the Commercial Arbitration Rules of the American Arbitration Association. The parties hereby waive any argument as to jurisdiction or forum non conveniens. The arbitration shall be conducted by a single arbitrator, and the award shall be final and binding on the parties. Each party agrees to bear its own attorneys' fees and costs, unless the arbitrator decides otherwise. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm pending resolution of the Dispute.

CLASS-ACTION AND COLLECTIVE-ACTION WAIVER. YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE-RESOLUTION PROCEEDINGS — WHETHER IN MEDIATION, ARBITRATION, OR (IN THE LIMITED CIRCUMSTANCES PERMITTED ABOVE) IN COURT — WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. RELIEF MAY BE AWARDED ONLY ON AN INDIVIDUAL BASIS AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIMS. IF A COURT OR ARBITRATOR DECIDES THAT THIS CLASS-ACTION AND COLLECTIVE-ACTION WAIVER IS UNENFORCEABLE WITH RESPECT TO ANY CLAIM, THEN THAT CLAIM (BUT ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT IN COURT, AND ALL OTHER CLAIMS WILL PROCEED IN ARBITRATION. THIS WAIVER IS A MATERIAL PART OF THIS AGREEMENT.

JURY-TRIAL WAIVER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES.

Arbitration opt-out. You may opt out of the binding arbitration provision and the class-action and collective-action waiver in this Section 22 (but not the rest of this Agreement) by sending the Company written notice of your decision to opt out within thirty (30) days of first accepting this Agreement. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Send the notice by email to legal@tempguru.co or by mail to Temporary Assistance Guru, Inc., Attn: Legal — Arbitration Opt-Out, 333 1st St N, Suite 200, Jacksonville Beach, FL 32250. Opting out will not affect any other provision of this Agreement.

The failure of the Company to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. Any waiver of any provision shall only be evidenced in writing and signed by the Company.

Notices. All notices, requests, consents, demands, waivers, and other communications under this Agreement ("Notices") shall be in writing and addressed to the physical or email address provided by the recipient party. All Notices shall be deemed received upon personal delivery, upon confirmation of transmission and receipt if sent by email, or three (3) days after mailing if sent by certified or registered mail, postage prepaid, return receipt requested.

Force majeure. Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including without limitation acts of God, hostilities, war, terrorism, riots, civil commotion, embargoes, acts of civil or military authorities including governmental law and regulation, fire, floods, accidents, pandemics, epidemics, strikes or other work stoppages due to a labor dispute, or shortages of transportation facilities, fuel, energy, labor, or materials.

23. Acknowledgment

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND THE AGREEMENT, AND ARE BOUND BY THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT, TOGETHER WITH THE PRIVACY POLICY INCORPORATED BY REFERENCE, REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

End of End-User License Agreement v2.0.

  1. "Services" means the TAG application service, website, and all related software, tools, features, and functionalities provided by the Company for connecting Staffing Companies with Hiring Companies. This includes, but is not limited to, the proprietary matching algorithm, job posting platform, candidate search functionality, messaging system (including TAG), and reporting tools designed to facilitate temporary staffing arrangements. ↩

  2. "User" means any individual or entity that accesses or uses the Services, including Staffing Companies, Hiring Companies, and authorized contacts of either. ↩