Legal
Terms of Service
Last Updated: · Effective Date:
These Terms of Service (the “Terms”) form a binding agreement between you and eLinked, Inc. (“eLinked,” “we,” “us,” or “our”) and govern your access to and use of the eLinked website at elinkedapp.com, the eLinked mobile application, and all related services we provide (collectively, the “Service”).
The Service is a two-sided online marketplace that connects independent local service providers (“Providers”) with customers seeking services (“Customers”) in active geographic markets (“Markets”). eLinked is a neutral venue: we do not perform, supervise, or guarantee any service. We are not a party to any service agreement between a Customer and a Provider.
PLEASE READ CAREFULLY. Section 17 contains a binding individual arbitration agreement and a class action waiver. By using the Service, you agree to resolve disputes with eLinked in individual arbitration and waive your right to a jury trial or to participate in a class, collective, or representative proceeding, except as expressly stated in Section 17.
1.Acceptance and Eligibility
1.1 Acceptance
By creating an account, accessing, or using the Service, you affirm that you have read these Terms, accept them, and agree to be bound by them. If you do not agree, do not use the Service.
1.2 Age
You must be at least 18 years old and able to form a legally binding contract under applicable law. The Service is not directed at children under 13. We do not knowingly collect personal information from children under 13.
1.3 Account Authority
If you accept these Terms on behalf of a business entity, you represent that you have authority to bind that entity, and “you” refers to both you and that entity.
1.4 Geographic Scope
The Service is offered solely in the United States to users physically located in active Markets at the time of use. We reserve the right to restrict or suspend access from any location at our discretion.
1.5 Modifications to Terms
We may revise these Terms at any time. Material changes take effect 30 days after we post the revised Terms or notify registered users by email — whichever notice we elect to provide. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree to revised Terms, you must stop using the Service before the effective date.
1.6 Visitors and Guests
You do not need to create an account to be bound by these Terms. If you visit, browse, or otherwise use the eLinked website, your continued use of the site constitutes acceptance of these Terms and our Privacy Policy. If you do not agree, do not use the site.
2.Definitions
For purposes of these Terms:
- Booking— a confirmed engagement between a Customer and a Provider for one or more Services at an agreed-upon time, accepted through the Service.
- CAT A Trade— a category of Service that requires professional licensing under Washington state law (e.g., electrical, plumbing, HVAC). The full list is published in our trade catalog and updated from time to time.
- Content— any text, photographs, videos, ratings, reviews, messages, service descriptions, business information, or other materials submitted to the Service by a User.
- Customer— a User who books or seeks to book Services through the Service.
- Deposit— a refundable amount collected from a Customer at the time of Booking, applied toward the Job Total upon completion. Deposit tiers are published in the Service.
- Estimate— a non-binding price approximation provided by a Provider before service performance. Final amounts may differ; see Section 6.
- Job Total— the final amount charged to the Customer for a completed Booking, set by the Provider upon completion subject to Section 6.
- Marketplace Fees— the variable platform fee charged on completed Bookings, plus the flat Service Fee, as published in the Service.
- Provider— a User who lists, offers, or performs Services through the Service, in their individual capacity or as a duly authorized representative of a registered business entity.
- Service Fee— a flat $2.00 fee per Booking, collected from the Customer when a Provider accepts the Booking, retained by eLinked.
- Subscription— a recurring monthly fee paid by Providers to access Marketplace functionality, as described in Section 8.
- Tier— a Subscription plan level (Solo, Starter, Professional, Business, Enterprise). Tier features and pricing are published in the Service.
- User— any person or entity who accesses or uses the Service, including Customers, Providers, and visitors who have not created an account.
- Verification Fee— a one-time identity-and-license verification fee charged to Providers during onboarding, as described in Section 8.
3.The Service
3.1 Marketplace Role
eLinked operates an online marketplace that:
(a) allows Providers to list their services, set their own rates, and select their service area, schedule, and Booking criteria;
(b) allows Customers to discover, message, and book Providers; and
(c) facilitates payment between Customers and Providers via Stripe, Inc. (“Stripe”).
eLinked does not employ Providers, does not direct or supervise the manner in which Providers perform Services, and does not warrant the quality, safety, legality, fitness, or accuracy of any Service or Provider listing. Providers are independent contractors of their Customers and are solely responsible for the Services they perform.
3.2 No Endorsement
Listings, ratings, reviews, and search rankings on the Service do not constitute endorsements by eLinked. Providers are responsible for the accuracy of their listings.
3.3 Verification and the Verified Badge
A “Verified” badge means eLinked has (a) confirmed the Provider’s identity through a government-issued photo ID check, and (b) for service categories that require a professional license or contractor registration, confirmed that license or registration with the issuing authority at the time of verification. Verification is not a background check, is not an endorsement, and is not a guarantee of the quality, safety, legality, or timeliness of any Provider’s work. License and registration statuses can change; eLinked re-verifies periodically but Customers should confirm current status for significant projects (Washington’s contractor registry is publicly searchable at the Department of Labor & Industries website). If eLinked introduces criminal background screening in the future, it will be described separately and conducted in compliance with the Fair Credit Reporting Act.
Customers are responsible for performing their own due diligence before engaging a Provider.
3.4 Communications and Privacy
Messaging between Customers and Providers occurs through the Service. By sending or receiving messages, you consent to the storage and processing of those messages by eLinked as described in our Privacy Policy. We may scan message content for compliance with these Terms, including detection of fraud, threats of harm, exchange of contact information to evade Marketplace Fees, and other prohibited conduct.
By joining a waitlist or creating an account, you agree to receive transactional and service messages from eLinked. Marketing messages are optional, require your separate consent where the law requires it, and always include an unsubscribe mechanism.
4.Accounts
4.1 Registration
You must register an account to book or list Services. You agree to provide accurate, current, and complete information and to keep it updated.
4.2 Account Security
You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at support@elinkedapp.com if you suspect unauthorized access.
4.3 One Account Per User
Each User is permitted one account. We may suspend or terminate duplicate accounts and consolidate or remove their Content.
4.4 Account Deletion
You may request deletion of your account at any time by following the in-app flow or by emailing support@elinkedapp.com. Account deletion does not relieve you of obligations incurred before deletion (including unpaid Marketplace Fees, Subscription charges, or Booking obligations) and does not delete records we are required to retain by law.
5.Bookings
5.1 Booking Process
A Booking is created when a Customer requests a Provider’s Service through the Service and the Provider accepts. Some Providers may enable auto-acceptance.
5.2 Deposits
Some providers require a deposit to confirm a booking. Where a deposit applies:
- It’s part of the price, not an extra charge. Any deposit you pay is applied toward the total price of the service — it is not an additional fee. A deposit reduces the balance owed when the service is completed; it does not increase what you pay.
- The provider sets the amount, within limits eLinked sets. Each provider chooses the deposit for a given service or estimate, but only within a range eLinked controls. eLinked sets a minimum based on the price of the service (which may be $0 for lower-priced jobs), and a firm maximum: a deposit may never exceed 50% of the total price of the service. For an estimate given as a price range, the 50% limit is measured against the lowest price in that range, so your deposit can never be more than half of the least you could be charged. Providers cannot waive the minimum or exceed the 50% maximum.
- You see the amount before you book. The exact deposit required is shown to you — “Provider requires $X deposit to book” — before you confirm and pay. You are never charged a deposit you have not first seen and agreed to.
- How and when it’s collected. eLinked may authorize and hold the deposit on your payment method ahead of the service date and apply it toward the final amount once the service is completed. Deposits are processed through our third-party payment processor; eLinked does not store your full card details.
- Refunds and cancellations. If a booking is cancelled or disputed, your deposit is handled under eLinked’s Cancellation and Dispute Resolution policies, which govern what portion, if any, is refunded or released to the provider.
5.3 Service Fee
A flat $2.00 Service Fee is collected from the Customer when a Provider accepts the Booking. It is processed as a separate charge from any deposit or job payment, is retained by eLinked, and is non-refundable except as required by law. The Customer is shown this fee and its non-refundable nature before confirming the Booking.
5.4 Site-Visit Fees
A Provider may set a site-visit fee, payable upfront by the Customer, to cover the cost of an on-site Estimate. A site-visit fee does not guarantee any subsequent Booking and is non-refundable except as required by law.
5.5 Minimum Job Value
The minimum Job Total for any completed Booking is $25.00. Providers may not list Services with prices below this minimum.
5.6 Cancellation
Either party may cancel a Booking before service performance. Cancellation windows, refund eligibility, and any applicable cancellation fees are described in the Service and applied automatically by Stripe at cancellation.
5.7 No-Show and Late Arrival
If a Customer does not appear within 30 minutes of the scheduled start time without prior notice to the Provider through the Service, the Provider may mark the Booking as a no-show. No-shows result in forfeiture of the Deposit and a strike (see Section 13) on the Customer’s account.
5.8 Auto-Release of Payment
If a Booking is marked complete by the Provider and the Customer does not file a dispute within 24 hours, the Job Total is released to the Provider, less Marketplace Fees. The Customer’s right to file a dispute after the 24-hour window is governed by Section 11.
6.Estimates, Quotes, and Final Pricing
6.1 Estimates Are Approximate
An Estimate is a non-binding approximation provided before service performance. The final amount charged may exceed or fall below the Estimate based on actual scope, materials, time, or unforeseen conditions. Customers acknowledge and accept that the final Job Total may differ from any Estimate.
6.2 Quotes
A Quote is a fixed, binding price for a defined scope of work. A Provider who marks a price as a Quote may not increase the price for the agreed scope without Customer consent obtained through the Service.
6.3 Final Charge Setting
The Provider sets the Job Total at completion, subject to:
(a) the agreed scope of work;
(b) any Quote, if applicable;
(c) the minimum Job Value of $25.00;
(d) the Service’s published rate-change rules; and
(e) the Customer’s right to dispute under Section 11.
7.Customer Payments
7.1 Payment Methods
Customers must add a valid debit or credit card supported by Stripe before booking. Customers authorize eLinked and Stripe to charge the card for: Deposits, Service Fees, Job Totals, site-visit fees, no-show fees, and any other amounts owed under these Terms or as a result of a Booking.
7.2 Payment Processing
Payment processing is provided by Stripe and is subject to the Stripe Services Agreement and Stripe Privacy Policy. By using the Service to submit or receive payments, you agree to be bound by those agreements. eLinked is not responsible for the acts or omissions of Stripe.
7.3 Authorization for Recurring Charges
Subscriptions and other recurring charges are governed by Section 8.
8.Provider Subscriptions
8.1 Subscription Required
A Provider must maintain an active Subscription to accept Bookings on the Service. Subscriptions are billed monthly in advance and renew automatically until cancelled.
8.2 Tier Pricing
Current pricing for each Tier is published on the Service. By selecting a Tier and submitting payment, you expressly agree to recurring monthly charges at the published rate, which will continue until you cancel. The price you agreed to at the time of Subscription will continue to apply for the duration of your active Subscription unless we provide 30 days’ advance notice of any price change.
8.3 Promotional Pricing.
From time to time, eLinked may offer promotional pricing, including discounts during the Service’s Early Access period. Promotional pricing is offered as a discount applied at the time of Checkout and continues to apply to your Subscription only for so long as eLinked applies it. eLinked may modify, end, or remove any promotional discount at any time, in eLinked’s sole discretion, with 30 days’ written notice (via the email address on file) except as a non-waivable consumer-protection law requires otherwise. Cancelling your Subscription ends eligibility for any promotional discount on that Subscription; resubscription is priced at the then-current rate, with promotional pricing applied only if eLinked is then offering a promotion for which you qualify.
8.4 Verification Fee
A one-time Verification Fee is charged at the time of Provider onboarding to cover identity and license verification. The current Verification Fee is published in the Service. The Verification Fee is non-refundable except where required by law or where eLinked declines to activate your Provider account for reasons not attributable to your conduct.
8.5 License Re-Verification Fee
If a Provider’s professional license expires, is suspended, or otherwise becomes invalid, the Provider must complete re-verification before resuming Bookings in any CAT A Trade. A re-verification fee in the amount published in the Service applies.
8.6 Cancellation and Refunds
You may cancel your Subscription at any time through the Stripe customer portal accessible from your Provider account. Cancellation takes effect at the end of the current billing period. You will not receive a prorated refund for the remainder of any billing period in which you cancel except where required by law. We do not offer free trials.
8.7 Effect of Cancellation or Lapse
On cancellation, expiration, or non-payment of your Subscription:
(a) your Provider listing is removed from search results;
(b) you cannot accept new Bookings;
(c) Bookings already accepted remain in force and must be completed;
(d) your Profile and Content are retained for 12 months in case of resubscription;
(e) after 12 months, your Profile and Content may be deleted, except for records we are required to retain by law.
8.8 Marketplace Fees in Addition to Subscription
Subscription fees are separate from Marketplace Fees. Marketplace Fees apply to each completed Booking regardless of Tier.
8.9 Provider Categorization Policy
8.9.1 Purpose
eLinked is a marketplace connecting Customers with independent Providers who offer in-person services in the geographic markets where eLinked operates. Different services carry materially different risk profiles. To protect Customers and to comply with state professional-licensing laws in the jurisdictions where eLinked operates, eLinked categorizes each service offered on the platform into one of two categories at the time a Provider applies to join the platform. This categorization determines what identity and credential verification a Provider must complete before that Provider’s profile becomes visible to Customers and before the Provider may accept bookings through eLinked.
This Policy explains how eLinked categorizes services, what verification each category requires, what fees apply, how categorization may change over time, and the scope and limits of eLinked’s verification activity.
8.9.2 The Two Categories
eLinked classifies every service offered on the platform as one of the following:
Category A — Verification-Required Services. Services that, performed negligently, carry a risk of damage to property, serious bodily injury, or death; services subject to mandatory state professional licensing under Washington law; and close-contact bodily services subject to state cosmetology, body-art, or health-department licensing. As of the effective date of this Policy, Category A includes the following eighteen services offered through eLinked: electrician, plumber, HVAC technician, roofer, general construction contractor, automotive mechanic, medical esthetician, esthetician, arborist, barber, hair stylist, home inspector, building inspector, tattoo artist, tattoo shop, real estate broker, locksmith, and massage therapist. The current, authoritative Category A list is maintained in the eLinked trade catalog and is displayed during Provider onboarding.
Category B — Standard Services. All other services offered on the platform that are not Category A. Examples include house cleaning, lawn mowing, dog walking, photography, catering, personal training, and tutoring. The current, authoritative Category B list is maintained in the eLinked trade catalog.
eLinked may add new services to either category, move a service between categories, or suspend a service from the platform, at eLinked’s discretion, including in response to changes in applicable law, changes in available verification vendors, or changes in eLinked’s risk assessment of the service. Material changes to categorization will be reflected in this Policy as of the effective date stated at the top of these Terms of Service.
8.9.3 Rationale for Mandatory Verification of Category A Services
Category A services are subject to mandatory identity and credential verification because performing these services negligently carries a risk of damage to property, serious bodily injury, or death. Customers booking these services have a reasonable expectation that the Provider has been identity-verified and, where state law requires the service to be performed under a professional license, that the Provider’s professional license has been validated against the issuing authority’s records.
By requiring identity and credential verification of Category A Providers, eLinked seeks to (a) confirm that the Provider is who they claim to be; (b) confirm, where a professional license is required by Washington state law, that the Provider holds a current, active, unrestricted license; and (c) discourage fraudulent applicants from offering high-risk services on the platform. This Policy is not, and does not function as, a guarantee by eLinked of any Provider’s competence, workmanship, fitness for any particular job, or compliance with any law or regulation other than the licensing-validation step expressly described in §8.9.4(b) below. eLinked’s role is that of a marketplace facilitator and not a guarantor of Provider services.
8.9.4 Verification Steps for Category A Providers
A Category A Provider must complete all of the following steps before that Provider’s profile becomes visible to Customers and before the Provider may accept bookings:
(a) Identity Verification.Government-issued photo identification is verified through Stripe Identity, the third-party identity-verification service engaged by eLinked. This step includes a document scan, a live selfie match against the document, and a check against Stripe Identity’s standard fraud signals. The Provider’s legal name and date of birth as reflected on the verified identification must match the information the Provider provided to eLinked during onboarding. eLinked’s own systems retain the verification result and the structured data Stripe Identity returns to eLinked; Stripe Identity’s handling and retention of the underlying identification documents is governed by Stripe’s terms and privacy policy, and is summarized in eLinked’s Privacy Policy.
(b) License Verification, Where Required by Washington Law. Washington state regulates the following Category A services through professional licensing administered by either the Washington State Department of Labor & Industries (“L&I”), the Washington State Department of Licensing (“DOL”), or the Washington State Department of Health (“DOH”):
- Electricians, plumbers, HVAC technicians, roofers, general construction contractors, and arborists (tree service) — regulated by L&I as specialty contractors or individual tradespeople. L&I maintains the public “Verify a Contractor, Tradesperson or Business” tool at https://secure.lni.wa.gov/verify/.
- Cosmetologists, barbers, hair designers, manicurists, estheticians, and master estheticians (including the “medical esthetician” service offered on the platform, which on eLinked maps to Washington’s Master Esthetician license; Master Estheticians may use FDA-approved over-the-counter devices and may use prescriptive medical devices only under physician delegation as required by Washington law) — regulated by DOL.
- Tattoo artists, body piercing artists, body art artists, and permanent cosmetic artists (individual practitioners) — regulated by DOL under Chapter 18.300 RCW; license requires a current OSHA-compliant Bloodborne Pathogens certification.
- Tattoo shops, mobile units, and event locations (the business entity where body-art services are performed) — separately regulated by DOL under the Artist Shop, Mobile Unit, or Event License, which requires at least $100,000 in public liability insurance for combined bodily injury and property damage, compliance with state and local sanitation requirements, and zoning compliance.
- Real estate brokers— regulated by DOL.
- Home inspectors (residential)— regulated by DOL under Chapter 18.280 RCW.
- Massage therapists— regulated by DOH.
DOL maintains a public license-lookup portal at https://professions.dol.wa.gov. DOH maintains a public credential search at https://fortress.wa.gov/doh/providercredentialsearch/.
For each Provider offering a service in the list above, the Provider must enter the Provider’s license number and issuing-authority information during onboarding, and eLinked validates the license against the relevant issuing-authority’s public records to confirm that the license is current, active, and unrestricted as of the date of validation. For tattoo shop Providers, eLinked validates the Shop License rather than any individual artist’s license; for tattoo artist Providers, eLinked validates the individual artist license. eLinked does not interview Providers and does not independently audit the substantive professional qualifications underlying any license. A license validation is a snapshot in time and does not warrant the Provider’s competence at any future date.
For Category A services not regulated by Washington state professional licensing as of the effective date of this Policy — including, as of that date, automotive mechanic, commercial building inspector (as distinct from residential home inspector, which is regulated above), and locksmith — the Provider is required to complete the Identity Verification step in §8.9.4(a) but is not required to submit a state professional license. eLinked may, in its discretion, require such Providers to submit other credentials (for example, insurance certificates or trade-association memberships) as a condition of platform access. Providers in these categories remain responsible for any local municipal licensing requirements (for example, City of Yakima business-license endorsements, or county-level commercial-inspector requirements), which eLinked does not verify.
(c) Verification Fee.A one-time Verification Fee is charged to the Provider at the time of each Category A verification event. During eLinked’s Early Access period, the Verification Fee is $7.50. After the Early Access period ends, the Verification Fee will be $15.00. The Verification Fee is intended to defray the costs eLinked incurs in operating the verification process, including third-party verification-vendor fees. The Verification Fee is charged at the initial verification event, and is charged again at any subsequent event in which a new state professional license must be validated for a service the Provider adds to the Provider’s offerings (a subsequent event does not require repeat of the identity-verification step in §8.9.4(a)). The Verification Fee is non-refundable once the verification process has been initiated, except as expressly required by applicable law. Full terms relating to the Verification Fee are set forth in §8.4 (Verification Fee).
8.9.5 Category B Providers
Category B Providers are not required to complete identity or license verification before their profile becomes visible to Customers or before they may accept bookings through eLinked.
A Category B Provider may, however, voluntarily elect to complete identity verification at the time of onboarding or at any later time by opting in and paying the Verification Fee described in §8.9.4(c). A Category B Provider who has voluntarily completed identity verification will be visibly identified on the Provider’s public profile and in Customer-facing search results as having completed identity verification. eLinked encourages Category B Providers to elect voluntary verification but does not require it. Voluntary verification by a Category B Provider does not change that Provider’s categorization to Category A and does not represent that any state license has been validated for that Provider.
8.9.6 Adding a Category A Service After Initial Onboarding
A Provider who initially onboards offering only Category B services, and who later adds a Category A service to that Provider’s offered services, must complete the applicable Category A verification steps in §8.9.4(a)–(c) before the new Category A service becomes visible to Customers and bookable through eLinked. The Provider’s existing Category B services will remain visible and bookable during the verification period.
A Provider who has previously completed identity verification (whether as a Category A Provider or as a voluntarily-verified Category B Provider) is not required to repeat the identity-verification step in §8.9.4(a) when adding a new Category A service. The Provider is required to complete the license-verification step in §8.9.4(b) for any newly-added Category A service that is subject to mandatory state professional licensing, and the Verification Fee in §8.9.4(c) applies to each such subsequent license-validation event.
8.9.7 License Re-Verification
Washington state professional licenses are issued for finite terms and are subject to renewal under the applicable issuing authority’s rules. Category A Providers whose offered services are subject to state professional licensing under §8.9.4(b) are responsible for maintaining a current, active, unrestricted license for every such service at all times the service is offered on the Provider’s eLinked profile. eLinked periodically re-validates licenses against issuing-authority records. If eLinked determines that a Provider’s license is expired, suspended, revoked, or otherwise no longer in good standing, eLinked will notify the Provider through the platform and will suspend or remove the affected service from the Provider’s profile pending the Provider providing satisfactory evidence of license renewal or reinstatement within the notice-and-cure window described in the general account-suspension provisions elsewhere in these Terms of Service. eLinked may, in eLinked’s discretion, suspend the Provider’s account in its entirety where multiple Category A services on the Provider’s profile are simultaneously affected or where the Provider does not respond within the notice-and-cure window. A License Re-Verification Fee may be charged in connection with license-renewal events as further set forth in §8.5 (License Re-Verification Fee).
8.9.8 What eLinked Does Not Do, and Customer Independent Verification
eLinked’s verification activity is limited to the specific steps described in §8.9.4. Outside of those specific steps, eLinked does not:
- Interview Providers, assess Provider workmanship, or inspect Provider work product before or after any job booked through the platform;
- Verify Provider experience, training, references, or claimed years in trade beyond what state licensing authorities themselves require for issuance of the license;
- Maintain general liability insurance, professional liability insurance, or surety bonds on behalf of any Provider, or verify that any Provider maintains such coverage at any given time (other than the Tattoo Shop License-level insurance requirement, which is a condition of the state-issued license itself rather than an independent eLinked verification);
- Verify Provider compliance with local business-license requirements (including, for example, the City of Yakima General Business License required of contractors operating within Yakima city limits, the City of Yakima Side Sewer Installer license required for that work under Yakima Municipal Code Chapter 11.44, county-level commercial-building-inspector requirements, or comparable requirements in other municipalities where Providers operate);
- Verify Provider compliance with health, safety, building-code, permitting, zoning, or other regulatory requirements applicable to any particular job; or
- Provide any rating, certification, badge, or designation that represents or implies endorsement by, or accreditation under, any governmental authority. Any “verified” indicator displayed on a Provider’s profile refers solely to the identity and, where applicable, license-validation steps described in §8.9.4 and does not constitute a governmental credential or endorsement. Consistent with the Washington Department of Health’s own disclaimer on its Provider Credential Search tool, the presence or absence of license information in eLinked’s verification systems does not imply any recommendation, endorsement, or guarantee of competence of any Provider, and the mere presence of such information does not imply a Provider is or is not competent or qualified for any particular job.
Customers are responsible for exercising the same due diligence engaging a Provider through eLinked that the Customer would exercise engaging any independent contractor outside the platform. eLinked encourages Customers to (a) independently verify any Provider’s professional license through the applicable issuing-authority lookup tool referenced in §8.9.4(b) before scheduling work, particularly for projects of meaningful scope or value; (b) request proof of general liability insurance directly from the Provider and confirm coverage limits are appropriate for the work; (c) read Provider reviews and ratings on eLinked and elsewhere; (d) request references for substantial projects; and (e) confirm Provider workmanship before final payment is released through the platform’s payment-release flow.
8.9.9 No Endorsement; Allocation of Responsibility
The verification activity described in this Policy is a foundational trust step in the eLinked marketplace and is not a substitute for Customer due diligence. eLinked does not endorse, certify, or guarantee any Provider. eLinked’s role is that of a marketplace facilitator. Providers are independent contractors and not employees, agents, or joint venturers of eLinked. The Provider, and not eLinked, is solely responsible for the workmanship and lawfulness of services performed through the platform.
eLinked’s overall disclaimers, limitations of liability, indemnification provisions, and dispute-resolution mechanics are set forth elsewhere in these Terms of Service and apply to this Policy without limitation. In the event of any conflict between this §8.9 and another section of these Terms of Service, the more specific provision controls.
8.9.10 Geographic Scope; Expansion to Additional Jurisdictions
This Policy is drafted in reference to Washington state professional-licensing law because eLinked initially operates only in Yakima County, Washington, and Spokane County, Washington. When eLinked launches in additional states, this Policy will be updated to identify the corresponding state licensing authorities and verification tools, and the Category A list may be adjusted to reflect differences in state licensing requirements. The mandatory-for-Category-A, optional-for-Category-B verification structure described in §8.9.4 and §8.9.5 will apply uniformly across jurisdictions.
8.9.11 Changes to This Policy
eLinked may update this Policy from time to time. Updates are reflected in this section of the Terms of Service and take effect as of the date stated at the top of the Terms of Service. Material changes to Provider categorization (including movement of a service between Category A and Category B) take effect for new Providers upon the effective date and for existing Providers either upon the effective date or upon the Provider’s next license-renewal cycle, whichever eLinked specifies in the change notice. Continued use of the eLinked platform after the effective date of an update constitutes acceptance of the updated Policy.
9.Provider Obligations
9.1 Independent Contractor
You are an independent contractor of your Customers. No agency, partnership, employment, or joint-venture relationship is created between you and eLinked by these Terms or by your use of the Service. You set your own rates, schedule, service area, and Booking acceptance criteria. You are responsible for all taxes, insurance, licensure, equipment, employees, and subcontractors.
Providers are independent businesses, not employees, agents, joint venturers, or franchisees of eLinked. Providers set their own prices within any platform-published limits, choose their own working hours and availability, decide which Bookings to accept or decline without penalty, control the manner and means of performing their services, and supply their own tools, equipment, and materials. eLinked provides a marketplace and payment-processing arrangement only and does not supervise, direct, or control the performance of any Provider’s services.
9.2 Licensing and Insurance
If you offer Services in a CAT A Trade, you must maintain a current, unsuspended professional license issued by the Washington Department of Labor & Industries (or the equivalent regulatory body in another state where the Service is available). You must maintain any insurance required by law for your Services. You will provide proof of license and insurance to eLinked on request.
9.3 Performance Standards
You will perform all Services:
(a) in a workmanlike manner consistent with industry standards;
(b) in compliance with all applicable laws, including building codes, permitting requirements, and consumer-protection laws;
(c) using your own materials, tools, and personnel; and
(d) without making misrepresentations regarding your skills, licensure, insurance, or experience.
9.4 Stripe Connect Onboarding
To receive payouts, you must complete onboarding with Stripe Connect Express and accept the Stripe Connected Account Agreement including any applicable Recipient Service Agreement. Stripe collects and verifies certain information about you for compliance and tax-reporting purposes. Stripe processes your data per its Privacy Policy.
9.5 Identity Verification
You consent to identity verification through Stripe Identity. Verification involves submission of a government-issued ID and a real-time selfie.
9.6 Tax Reporting
You are responsible for reporting and paying all taxes on your earnings. Stripe will issue 1099-K or equivalent forms to you and to taxing authorities where required. eLinked is not your tax advisor.
9.7 Prohibited Practices for Providers
You will not:
(a) attempt to take Bookings, payments, or communications off the Service to avoid Marketplace Fees;
(b) solicit a Customer’s contact information through the Service to circumvent the Service;
(c) misrepresent your services, identity, location, or business affiliation;
(d) discriminate against Customers in violation of applicable law;
(e) accept Bookings for Services outside the scope of your professional license, where licensure is required.
9.8 Provider Licensing and Registration
Providers offering services that require a license, certification, or contractor registration under applicable law — including, for construction-related trades, registration under the Washington Contractor Registration Act (Chapter 18.27 RCW) — represent and warrant that they hold, and will maintain in good standing, every license and registration required for the services they list. Providers in licensed categories authorize eLinked to (a) verify their license or registration status with the issuing authority, including the Washington State Department of Labor & Industries contractor registry, at onboarding and periodically thereafter, and (b) display their license or contractor registration number on their public profile. Providers must notify eLinked within five (5) days if any required license or registration is suspended, revoked, or allowed to lapse. eLinked may suspend or remove any Provider profile whose required license or registration cannot be verified as current. eLinked does not itself perform the listed services and is not a contractor; each Provider is solely responsible for compliance with the licensing and registration laws that apply to their work.
9.9 Provider Indemnification
Each Provider agrees to defend, indemnify, and hold harmless eLinked, Inc. and its officers, directors, and employees from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the Provider’s services, workmanship, or conduct; (b) the Provider’s breach of these Terms, including any licensing, registration, or insurance warranty; (c) the Provider’s violation of any law or the rights of any third party; (d) any classification of the Provider or the Provider’s workers as employees of eLinked, where such claim arises from the Provider’s own representations or conduct; and (e) chargebacks or payment reversals attributable to the Provider’s services, which eLinked may recover from the Provider as described in Section 11.5 (Chargebacks).
10.Customer Obligations
10.1 Lawful Use
You will use the Service only for lawful purposes and only to engage Providers for legitimate services.
10.2 Premises Access and Safety
If a Service is to be performed at a Customer’s home, business, or other location, you will:
(a) provide safe, lawful access at the agreed time;
(b) disclose any hazards, restrictions, or special conditions known to you;
(c) supervise minors and pets in accordance with safe-work practices;
(d) not require the Provider to perform work outside the agreed scope without a separate Booking or Quote.
10.3 Truthfulness
You will provide accurate information about the scope and nature of the work being requested.
10.4 Prohibited Practices for Customers
You will not:
(a) engage Providers off-Service to avoid the Service Fee;
(b) request a Service that is illegal or unsafe;
(c) misrepresent your identity, location, or contact information.
11.Disputes Between Customers and Providers
11.1 Direct Resolution Encouraged
Customers and Providers should first attempt to resolve any service-quality or payment dispute directly through the Service’s messaging.
11.2 Filing a Dispute
A Customer who is not satisfied with a Service may file a dispute through the Service. Disputes must be filed within the windows described in our Disputes Policy.
11.3 24-Hour Auto-Release Window
If a Booking is marked complete by the Provider and the Customer does not file a dispute within 24 hours of the Booking’s completion timestamp, the Job Total is released to the Provider net of Marketplace Fees. The Customer’s right to dispute thereafter is limited as described in the Disputes Policy and in Section 11.4 below.
11.4 Six-Month Forfeiture
Any dispute regarding a completed Booking must be filed through the Service or through the chargeback process described in Section 11.5 within six monthsof the Booking’s completion. A Customer who fails to file within six months forfeits the right to dispute that Booking through eLinked and waives any related claim against eLinked or the Provider arising from the Booking. This Section 11.4 does not waive any non-waivable rights provided by applicable consumer-protection law.
11.5 Chargebacks
Customers retain the right to dispute charges directly with their card issuer. A chargeback initiated without first attempting resolution through the Service may, at our discretion, result in suspension of Customer privileges. eLinked will cooperate in good faith with chargeback investigations.
11.6 Disputes Involving eLinked
Disputes between you and eLinked are governed by Section 17 (Arbitration).
12.Reviews, Ratings, and User Content
12.1 License to eLinked
By submitting Content to the Service, you grant eLinked a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to host, store, display, copy, distribute, modify (as needed for formatting), perform, and otherwise use the Content in connection with operating, improving, and promoting the Service.
12.2 Honest Reviews
Reviews must be based on a verified Booking. Fake, paid, retaliatory, or defamatory reviews are prohibited. eLinked may, but is not obligated to, remove Content that violates these Terms or applicable law.
12.3 No Endorsement by eLinked
User Content does not reflect the views of eLinked. eLinked is not liable for User Content under, among other things, 47 U.S.C. § 230.
12.4 DMCA Notices
If you believe your copyrighted work has been used on the Service without authorization, send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to support@elinkedapp.com with subject line “DMCA Takedown Notice.”
12.5 Marketing and Promotional Use
In plain terms: the photos, reviews, and profile content you post may be used to promote eLinked, including in advertising. You keep ownership of your Content, and we ask that anyone recognizable in a photo has agreed to appear in it.
In exercising the promotional rights granted in Section 12.1, eLinked may feature your Content — including photographs, reviews, and profile content — in advertising, promotional, and marketing materials, in any medium, worldwide and royalty-free. Any sublicense we grant for these marketing purposes extends only to service providers acting on eLinked’s behalf (such as advertising, hosting, and content-delivery vendors) and not to unrelated third parties.
If you delete your account, eLinked will stop using your Content in new marketing materials created after your deletion takes effect. Marketing materials already published or distributed before that time may continue to exist and be used.
12.6 Your Warranties for Submitted Content
By submitting Content, you represent and warrant that: (a) you own the Content or have all rights, licenses, and permissions necessary to submit it and to grant the licenses in this Section; (b) the Content does not infringe or violate any third party’s intellectual-property, privacy, or publicity rights; and (c) you have obtained every consent required for eLinked to use, and to display in advertising and promotional materials, the name, image, likeness, or voice of any identifiable person appearing in the Content, including the consents required under Washington’s Personality Rights Act (RCW 63.60) and comparable laws.
A Provider who breaches these warranties is subject to the indemnification obligations in Section 9.9, which cover claims arising from the violation of any third party’s rights.
13.Strikes and Account Suspension
13.1 Strikes
We may issue a strike against any User account for violations of these Terms, including no-shows, repeated cancellations close to the scheduled time, abusive messaging, or fraud.
13.2 Consequences
— Two (2) strikes within any rolling 12-month period: temporary suspension.
— Three (3) strikes within any rolling 12-month period: permanent ban.
The Service operates a separate cancellation-strike progression (with its own escalation ladder of warning, strike, short-duration ban, and longer-duration ban) tracked on a shorter rolling window and applied automatically on Provider cancellations and no-shows. A cancellation strike under that progression does not automatically count toward the outer-envelope thresholds in this Section 13.2. The two systems operate independently; an account may receive consequences under one without triggering the other.
13.3 Immediate Suspension
We may immediately suspend or terminate any account, with or without notice, for: suspected fraud; threats of harm; violation of law; circumvention of Marketplace Fees; or any conduct that materially harms Users or the Service.
13.4 Appeals
A User may appeal a strike or suspension by emailing support@elinkedapp.com. We will review appeals in good faith but our decision is final.
14.Intellectual Property
14.1 Our IP
The Service, including its software, design, logos, and trademarks, is owned by eLinked or its licensors and is protected by intellectual-property laws. Nothing in these Terms grants you any right in eLinked’s IP except the limited license to use the Service in accordance with these Terms.
14.2 Feedback
If you provide suggestions or feedback to eLinked, you grant us a perpetual, royalty-free license to use that feedback without restriction.
15.Disclaimers
15.1 As-Is
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ELINKED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
15.2 No Service Warranty
ELINKED DOES NOT WARRANT THE QUALITY, SAFETY, LEGALITY, OR FITNESS OF ANY SERVICE PERFORMED BY ANY PROVIDER, AND IS NOT A PARTY TO ANY SERVICE AGREEMENT BETWEEN A CUSTOMER AND A PROVIDER.
15.3 No Guarantee of Availability
We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.
16.Limitation of Liability
16.1 Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, ELINKED’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ELINKED IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
16.2 Exclusions
ELINKED IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST DATA; OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.3 Carve-Outs
Nothing in this Section 16 limits liability for: (a) gross negligence, fraud, or willful misconduct; (b) liability that cannot lawfully be limited; or (c) any non-waivable right under the Washington Consumer Protection Act, Chapter 19.86 RCW.
17.ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ELINKED TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND TO WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT BY FOLLOWING THE PROCEDURE IN SECTION 17.7 WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS.
17.1 Agreement to Arbitrate
You and eLinked agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Claim”) will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules then in effect, except as modified by this Section 17.
17.2 Pre-Arbitration Notice
Before initiating arbitration, the party with the Claim (“Claimant”) must send a written notice describing the Claim, the relief sought, and the Claimant’s contact information to legal@elinkedapp.com (for Claims against eLinked) or to the User’s registered email (for Claims by eLinked). The parties will negotiate in good faith for 30 days before either party initiates arbitration.
17.3 Forum
Arbitration will be conducted in King County, Washington, or remotely by video conference at the Claimant’s election. The arbitrator may grant any individual relief that a court could grant.
17.4 Arbitration Fees
For Claims valued at $10,000 or less, eLinked will pay all JAMS filing, administration, and arbitrator fees, except where the arbitrator determines the Claim is frivolous. For Claims valued above $10,000, fees will be allocated under JAMS rules.
17.5 CLASS ACTION WAIVER
YOU AND ELINKED EXPRESSLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. The arbitrator may not consolidate more than one party’s Claims and may not preside over any class or representative proceeding.
17.6 Carve-Outs
This Section 17 does not apply to:
(a) Claims of sexual assault or sexual harassment, which under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 may be brought in court at the Claimant’s election;
(b) small-claims-court actions brought on an individual basis;
(c) claims for injunctive relief to protect intellectual property; and
(d) any other claim that cannot lawfully be subjected to mandatory arbitration.
17.7 Right to Opt Out
You may opt out of this Section 17 by emailing legal@elinkedapp.com within 30 daysof first accepting these Terms, with subject line “Arbitration Opt-Out” and including your full name and the email address associated with your account. Opting out does not affect any other provision of these Terms.
17.8 Severability
If the Class Action Waiver in Section 17.5 is found unenforceable as to any Claim or relief sought, that Claim or relief is severed and proceeds in court, and the remainder of Section 17 continues to apply to all other Claims.
17.9 Survival
This Section 17 survives termination of these Terms or your account.
18.Governing Law
These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws principles. Subject to Section 17, the parties consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington.
19.Termination
19.1 By You
You may stop using the Service at any time. To delete your account, follow the in-app flow or email support@elinkedapp.com.
19.2 By eLinked
We may suspend or terminate your access at any time, with or without notice, for any breach of these Terms or for any reason at our discretion.
19.3 Effect of Termination
The following Sections survive termination: 2, 6, 7, 11, 12.1, 13, 14, 15, 16, 17, 18, 19.3, 20, and 21.
20.General
20.1 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, and Disputes Policy, constitute the entire agreement between you and eLinked.
20.2 No Waiver
No failure or delay by eLinked to enforce a provision of these Terms is a waiver of that provision.
20.3 Severability
If any provision is found unenforceable, the remainder of these Terms remains in effect.
20.4 Assignment
You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations to an affiliate or successor.
20.5 No Third-Party Beneficiaries
Stripe, Apple, Google, and other third parties referenced in these Terms are not third-party beneficiaries except as expressly required by their own agreements.
20.6 Force Majeure
Neither party is liable for delays or failures due to events beyond its reasonable control, including natural disasters, war, terrorism, government action, and internet or carrier outages.
21.Contact
eLinked, Inc.
Attn: Legal
[Mailing address — TBD before launch]
Email: legal@elinkedapp.com (legal notices)
Email: support@elinkedapp.com (general support)
Table of contents
- 1.Acceptance and Eligibility
- 2.Definitions
- 3.The Service
- 4.Accounts
- 5.Bookings
- 6.Estimates, Quotes, and Final Pricing
- 7.Customer Payments
- 8.Provider Subscriptions
- 9.Provider Obligations
- 10.Customer Obligations
- 11.Disputes Between Customers and Providers
- 12.Reviews, Ratings, and User Content
- 13.Strikes and Account Suspension
- 14.Intellectual Property
- 15.Disclaimers
- 16.Limitation of Liability
- 17.Arbitration Agreement and Class Action Waiver
- 18.Governing Law
- 19.Termination
- 20.General
- 21.Contact