Terms of Service

Acknowledgement & Acceptance of General Terms

Effective: July 1, 2025

This Terms of Service Agreement (“Agreement”) between you (“you” or “User”) and Band of Hands, Inc., its board, successors and assigns (“Band of Hands” or “we” or “us”) sets forth the terms under which you are allowed to use the BandofHands.com and Band of Hands Professional Services (Bohps.com) websites and any web or mobile services or application (collectively, the “Sites”). These terms include the job search, hiring and payroll services (the “Services”) offered through the Band of Hands platform. If you do not agree with any of these terms, do not access or otherwise use the Sites and/or Services or any information contained on the Sites.

Band of Hands is a technology platform that allows registered users to obtain a suite of payroll and human resource tools with a geographically distributed network of Workers for various short term and temporary engagements. Companies that sign up for Professional Services will have access to a third-party professional Payroll Service as well as have BOHPS serve as the Employer of Record for the Workers that are contracted to work for the Company. The Workers available on the sites are classified as W-2 Employees, which will be addressed more specifically in following sections.

Your use of the Sites will signify that you have (1) read, understood, accept, and agree to be bound by and to abide by each of the terms of the Sites and (2) you have the authority to enter into this agreement personally or on behalf of the Company you work for or represent in this agreement. This agreement includes the Band of Hands Company Agreement signed at registration and the Privacy Policy. Certain features of the Sites may be subject to additional terms and conditions, registration, and third-party service requirements. Band of Hands may modify the Services offered by the Site at any time without notice and may revise this Agreement at any time. We will notify you of any such revisions by posting an updated version of these terms on the Sites.

Your continued use of the Sites or Services after the new effective date of a revised version of this Agreement constitutes your acceptance and agreement to be bound by the revised terms of service. You are responsible for regularly reviewing this Agreement for updates and modifications to its terms.

Section 1

Overview

Definitions

Capitalized terms are defined as set forth below or elsewhere in the Agreement.

  • Users: A collective term for all Users, whether a Company or Worker that signed up to access the Site under any capacity.
  • Company: Any Individual or Business that uses the Site for posting available jobs, hiring applicants and paying the Workers using the platform services. The term Company is synonymous with a paying subscriber or a paying client.
  • Worker: An Individual who is seeking to find available work as a W-2 Worker.
  • Web and Mobile App / Application: Any and all of the software used by Band of Hands in connection with the Service.
  • Job Posting: A request for a Service or required Work that is needed to be completed which includes a full description of the details needed to engage Workers.
  • EOR: The abbreviation for Employer of Record, also known as Service Provider.

Sites & Services

Sites and Services are intended for use by Individuals seeking various contingent jobs (also referred to herein as a “User-Worker”), and for Individuals and Companies seeking candidates for various jobs (also referred to herein as a “User-Company-Job Poster”). An active and approved Company may create a job through the Site, including a description of the services sought, hourly pay, and a timeline for completion of the services.

Section 2

General Provisions

Sites License Subject

Subject to and conditioned on your compliance with this Agreement and all other Sites’ Policies, Band of Hands grants you a limited license to access and use the Sites for the purpose of receiving the Sites’ Services. You acknowledge that Band of Hands expressly prohibits, and you agree not to:

  • Use the Platform, Site, or Services for any purpose other than to identify work opportunities for yourself, or to identify prospective applicants for job opportunities.
  • Provide any false or misleading information about your identity, the work available, or employment information provided by you to Band of Hands.
  • Log into an account with a password not assigned to you.
  • Impersonate any other person or User of the Site and/or Services.
  • Access personally identifiable information not intended for you.
  • Use any content of the Sites on any other website or in a networked computer environment for any purpose except your own viewing.
  • Access or use the Platform, Site, or Sites’ Services for any reasons that are in competition with Band of Hands.

License Termination

This limited license terminates automatically, without notice to you, if you breach this Agreement or any other of the Sites’ policies, and Band of Hands may remove your postings from the Site and/or the Services with or without cause.

Band of Hands Trademark

Our licensors retain all of their respective rights, title, and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Platform and Sites. Band of Hands’ logos and names are trademarks of Band of Hands. All other product names, company names, marks, logos, design marks, and symbols on the Sites may be the trademarks of their respective owners.

Band of Hands Accounts

In order to access certain Services of the Sites, Band of Hands requires you to become a registered user by setting up an account with a username and password (“Account”). By setting up and verifying an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

Identity Verification & Background Checks

All Users understand that individuals seeking work on the Platform must provide identity documentation and eligibility to work using the Workbright onboarding interface within the Band of Hands platform.

Section 3

Agreements, Service Fees & Payments

Job Agreements — Companies and W-2 Workers

Once you have registered an Account on the Site and become an active User, Companies may create a W-2 job post on the Site, including a description and details of the services required, the hourly pay rate, and a timeline for completion of the services (the “Job”).

As a Company, you acknowledge and agree that you will be able to post jobs and view applicants.

Service Fees

Companies agree to pay a flat fee per pay period per employee that is charged to the credit card on file.

Section 4

Insurance

Any party that is interested in learning more about Insurance classifications and policies that are held by Band of Hands Inc. and Band of Hands Professional Services should email info@bohps.com.

Section 5

Ratings & Reviews

For the benefit of other Users of the Sites, Band of Hands encourages objective balanced feedback about Users with whom you have transacted.

Section 6

User Submissions

Authorizations

When you post any job information, data, or other content on the Sites, you represent and warrant that you have the right, power, and authority to post that content and grant the licenses specified below.

Third Party Content

The Sites may provide certain information, content, applications, and links from third parties.

Trademarks & Copyrights

Trademarks and Copyrights in the Services are the property of Band of Hands or their respective owners.

Section 7

Privacy Policy

Your use of the Sites is governed by Band of Hands’ Privacy Policy, which is herein incorporated by reference.

Section 8

Limitations, Indemnity & Warranty Disclaimers

You agree to defend, hold harmless, and indemnify Band of Hands from and against any and all losses, costs, expenses, damages, and other liabilities arising from your use of the Sites and/or Services.

Warranty Disclaimer

THE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND.

Limitation of Liability

IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITES OR SERVICES EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU.

Section 9

Disputes; Arbitration; Waiver of Trial by Jury; Class Waiver

Band of Hands prefers to address your concerns without the need for formal legal action. Before you initiate any claim against Band of Hands, you agree to try and resolve your dispute informally by contacting us at help@bandofhands.com.

Section 10

General Provisions

You agree unconditionally and mandatorily to the exclusive venue and jurisdiction for any dispute arising under the Agreement in the state or federal courts of San Diego County, California. The rights and obligations hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of California.