Terms of Use

Acceptance of the Terms of Use

These Terms of Use ("Terms of Use") constitute a legally binding agreement between you ("User" or "you" or "your") and Tackl SLX Holdings, LLC ("TAKL" or "we" or "us"). The following terms and conditions, govern your access to and use of TAKL's mobile application for iOS and Android devices (the "App"), and your access to and use of TAKL's website located at www.takl.com (the "Website") including any content, functionality and services offered on or through the Website (the "Internet Services") (the Website, the Internet Services, and the App, are collectively referred to as the "TAKL Platform"), whether as a guest or a registered User.

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND TAKL HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 31 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST TAKL TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

Please read these Terms of Use carefully before you start to use the TAKL Platform. By installing the App, by otherwise accessing or using any aspect of the TAKL Platform, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree that you have read, understood, and agree to be bound and abide by these Terms of Use (including the dispute resolution and arbitration provisions in Section 31) and our privacy policy, found at www.takl.com/privacy-policy/ ("Privacy Policy"), incorporated herein by reference (together herein referred to as this "Agreement").

By installing the App, clicking to accept or agree to these Terms of Use, or by otherwise accessing and using any aspect of the TAKL Platform, you represent and warrant that: (a) you are at least 18 years old, are of legal age to form a binding contract with TAKL in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; (b) you have the right, authority and capacity to enter into this Agreement; and (c) if you are using the TAKL Platform on behalf of a company, entity, or other organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms of Use.

Material Terms and Notices

• The TAKL Platform connects you to other Users. You are neither an employee nor subcontractor of TAKL;
• The TAKL Platform is licensed to you, not sold to you, and you may use the TAKL Platform only as set forth in these Terms of Use;
• The use of the TAKL Platform may be subject to separate third-party terms of service and fees, including fees imposed by your mobile network operator;
• You consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy;
• The TAKL Platform is provided "as is" without warranties of any kind, and TAKL's liability to you is limited regarding the performance of Services;
• TAKL provides Users the TAKL Guarantee (Section 6) to ensure your satisfaction with your Platform experience;
• We will resolve disputes arising under these Terms of Use through binding arbitration. By accepting this Agreement, you and TAKL are each waiving the right to a trial by jury or to participate in a class action;
• Access to certain features of the TAKL Platform may require access to information about the location of your device;
• You agree not to circumvent the TAKL Platform by soliciting, scheduling and/or paying for Services outside the Platform.

1. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Please check these Terms of Use periodically for changes. If a change to these Terms of Use materially modifies your rights or obligations, you will be required to accept the modified Terms of Use to continue to use the TAKL Platform. Material modifications are effective upon your acceptance of the modified Terms of Use. Immaterial modifications are effective upon publication. Disputes arising under the Terms of Use will be resolved in accordance with the version of the Terms of Use that was in effect at the time the dispute arose.

2. TAKL Platform Connects Users

For purposes of this Agreement, the services provided by Providers to their Customers that are scheduled through the TAKL Platform shall be referred to as the "Services." Services specifically do not comprise "Excluded Services" (particular jobs deemed ineligible for scheduling or performing through the TAKL Platform due to applicable licensing/permitting regulations and other similar requirements). TAKL reserves the right to alter, modify and remove Service requests.

Unless otherwise disclosed, Providers are deemed to be unlicensed. Please note that in certain markets Provider may be required to have a license to perform certain Services that will exceed a monetary threshold. Accordingly, Customers must determine for themselves whether a Provider is qualified to perform the requested Service.

Services ordered through the TAKL platform may include delivery, installation, and/or assembly of furniture or other items obtained from a third party ("Merchandise"). TAKL does not provide and is not responsible for Merchandise, and does not itself provide the Services.

ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE TAKL PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR SUBCONTRACTORS OF TAKL. TAKL MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES.

3. Provider Background and Identity Check Process

Unless otherwise disclosed, TAKL checks the backgrounds of each Provider using third-party background check services that include, but are not limited to, a sex offenders registry check; county, state, federal and national criminal records check; and domestic and international terrorist watchlist check. TAKL also requires each Provider to submit a government-issued photo ID and a profile picture.

Although TAKL performs background and identity checks on each Provider, TAKL cannot confirm that each Provider is who they claim to be, and therefore, TAKL cannot and does not assume any responsibility for the accuracy or reliability of the identity or background check information. Each User should exercise caution and common sense to protect their personal safety and property.

4. Job Fees for Services and Additional Services; Excluded Services

a. Job Fee

Customers shall be charged pursuant to the rates quoted via the TAKL Platform at the time the Service is scheduled, which shall be based on either: (i) the stated parameters of the Services and the location where such Services are to be performed; or (ii) a Counter-Bid price proposed directly from a Provider (the "Job Fee"). TAKL has the authority and reserves the right to determine and modify pricing. You are responsible for reviewing the applicable Job Fee prior to the submission or acceptance of a Service.

b. Additional Services

After a Service is scheduled, the Users may agree to the performance of one or more additional Services (each, an "Additional Service" or "While You're at It") before a Provider departs the Customer's location. The Job Fee for Additional Services shall not exceed $400 for any single Additional Service. Additional Services that are not confirmed and paid for through the TAKL Platform will not be covered by the TAKL Guarantee.

c. Excluded Services

Users hereby agree not to schedule or perform any of the following as Services or Additional Services through the TAKL Platform:

• Services that are professional services, including, but not limited to, services performed by lawyers, actuaries, accountants, architects, engineers, health professionals, medical professionals, financial advisers, management consultants, or investment advisors;
• Services related to childcare (e.g., babysitting), eldercare or lifeguarding services;
• Services that are performed more than 10 feet above the ground;
• Services that make the User unsafe or uncomfortable;
• Services that involve the handling of weapons, explosives or hazardous materials;
• Services that involve the transportation of and ridesharing among our Users in any type of motor vehicle, aircraft or water craft; or
• Any Service that is illegal or criminal in nature in the state or locality in which it is posted or takes place.

5. Payments

Users of the TAKL Platform contract for the Services directly with other Users. The TAKL Platform facilitates these contracts by supplying a medium through which Customers can connect with Providers, schedule the Services, and make payments for the Services directly from the Customer to the Provider.

a. Payment Processing Service

To facilitate payment for the Services, each User is required to register a credit, debit or prepaid card and each Provider is required to register using the Provider's bank account details or debit card information. You authorize TAKL and the payment processing service retained by us (currently, Stripe) to facilitate the transaction of the Services. All payments transacted through Stripe shall be subject to the Stripe Connected Account Agreement and Stripe Terms of Service.

b. Customer Payments

As a Customer, we will charge your credit, debit or prepaid card according to the amount of all Services and Additional Services, which amount will include: (i) the Job Fee; (ii) any out of pocket expenses published in connection with the Services; (iii) any out of pocket expenses for materials agreed to between you and your Provider; (iv) any tip or gratuity you elect to give to your Provider; and (v) a platform fee (a/k/a Service Fee) of up to nine percent (9%).

c. Provider Payments

As a Provider, upon your satisfactory performance of a Service and any Additional Services, and upon the Customer's payment, you will receive the applicable Job Fee (net of the applicable Use Fee), any out-of-pocket expenses, any materials expenses, and any tip or gratuity provided by the Customer.

d. Promotions

TAKL, at its sole discretion, may make available promotions with different features to any of our Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with TAKL.

6. TAKL Guarantee

Our TAKL Guarantee is that the Service you order and pay for will be performed as described in the description of the Service when you ordered it. If you have ordered and paid for a Service but you believe the Service was not performed in accordance with the TAKL Guarantee you must report the issue within twenty-four (24) hours of the Service appointment's completion to our Support Center at [email protected].

The "TAKL Guarantee Remedies" are as follows: if we determine that a Service does not meet the TAKL Guarantee we will, in our sole discretion, either refund (in part or in full) the payment you actually made for such Service, or have the applicable Service re-performed. The amount of the TAKL Guarantee is limited to any payment you made for the Service.

7. Service Cancellation

a. Cancellation by Customer

As a Customer, you may cancel your scheduled Service appointments through the App at any time, subject to the following:

Services Booked 24 Hours in Advance:

• If you cancel more than 24 hours before a scheduled Service appointment, there is no cancellation fee.
• If you cancel between 2-24 hours before a scheduled Service appointment, you may be charged a $10.00 cancellation fee.
• If you cancel less than 2 hours before a Service appointment, you may be charged a $50.00 cancellation fee.

Services Booked Less Than 24 Hours in Advance:

• For Services booked between 2-24 hours before the scheduled appointment, you may be charged a $10 cancellation fee if you cancel less than 2 hours before the appointment.
• For Services booked less than 2 hours before the scheduled appointment, you may be subject to a $10 cancellation fee if you fail to cancel within 5 minutes after booking.

b. Cancellation by Provider

As a Provider, although you may cancel your scheduled Service appointments through the App if necessary, please understand that your cancellations are serious matters and may result in the suspension or deactivation of your Provider Account. If you are more than fifteen (15) minutes late for a scheduled appointment or fail to complete a scheduled Service, you shall be deemed to have cancelled such appointment.

8. Provider Access Fee

As a Provider, you may be required to pay a monthly access fee during any calendar month in which you complete a Service. The access fee, if required, shall be $2.99 per month (the "Access Fee"). TAKL reserves the right, at any time, to modify its Access Fees and billing methods.

9. Ratings

To help maintain the quality of the TAKL Platform, Users (both Providers and Customers) will have the opportunity to rate each other after the completion of Services. If you rate your Provider or Customer with less than 3 stars, such User will be excluded from your future Service requests. Customers will see Provider ratings before selecting a Provider for a job so each rating a Customer gives can have an impact on that Provider's future on the TAKL Platform.

10. Communications

By becoming a User, you expressly consent and agree to accept and receive electronic and other communications from us, including via email, text message, calls, and push notifications to the telephone number or email address you provided to us. If you wish to unsubscribe from promotional emails, text messages, or other communications, you may Opt-Out by following the unsubscribe options provided to you in such promotional communications, under Settings in the Platform.

11. Location Coordinates

To schedule and accept Services, you must possess an iOS or Android smartphone capable of accessing the TAKL Platform. As a Provider, you hereby acknowledge and consent to TAKL's collection of the latitude and longitude location ("Location Coordinates") of your Mobile Device so that we can provide our services to you and the Customers.

17. User Contributions

The TAKL Platform may contain profiles and other interactive features that allow Users to post, submit, publish, display or transmit content, photographs, images, or other related materials ("User Contributions") on or through the TAKL Platform.

Any User Contribution you post to the site is subject to the governing provisions set forth in our Privacy Policy. By providing any User Contribution on the TAKL Platform, you hereby grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

18. Monitoring and Enforcement

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.
• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the TAKL Platform.
• Terminate or suspend your access to all or part of the TAKL Platform for any or no reason.

19. User Disputes

In the event a dispute initiated by either a Provider or a Customer cannot be resolved independently, you hereby agree, at TAKL's request, to participate with good faith in a neutral resolution, mediation, or arbitration process conducted by TAKL or a neutral third-party mediator or arbitrator selected by TAKL.

20. Provider Provisions

a. Insurance: As a Provider, you acknowledge and agree that it is your responsibility to maintain in full force and effect adequate workers' compensation, unemployment, liability, and other forms of insurance with policy limits sufficient to protect and indemnify TAKL and its affiliates.

b. Provider Assistants: Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by a Provider, the Provider shall require any such individuals to become a registered, approved Provider on the TAKL Platform.

c. Equipment: As a Provider, you are solely responsible for any costs or expenses incurred by you in connection with the performance of the Services. You shall furnish and maintain, at your own expense, the tools, equipment, supplies, and other materials used to perform the Services.

d. Representations: By providing Services as a Provider on the TAKL Platform, you represent, warrant, and agree that you are solely responsible for obtaining necessary licenses, will comply with all applicable laws, and will pay all applicable taxes.

e. Reimbursement of Resolution Costs: You agree to pay all reasonable out-of-pocket expenses incurred by TAKL in connection with the resolution of any property damage or other claims resulting from a Service you performed.

f. Non-Circumvention: Within six (6) months after the last time Provider provides Services to a Customer as arranged through the TAKL Platform, Provider agrees not to solicit or provide any Services to the same Customer other than as arranged through the TAKL Platform.

21. Third-Party Services, Third-Party Fees, and Linked Websites

The TAKL Platform may provide you with access to third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services ("Third-Party Services"). TAKL does not have or maintain any control over Third-Party Services and is not responsible for their content, operation or use.

23. Terms and Termination

This Agreement is effective upon your creation of a User account. You may discontinue your use of the TAKL Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account, or revoke your permission to access the TAKL Platform, at any time, for any reason, upon notice to you. Either party may terminate the Agreement for any reason upon written notice to the other party.

28. Disclaimer of Warranties

YOUR USE OF THE TAKL PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE TAKL PLATFORM IS AT YOUR OWN RISK. THE TAKL PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE TAKL PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TAKL NOR ANY PERSON ASSOCIATED WITH TAKL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE TAKL PLATFORM.

TAKL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

29. No Liability

IN NO EVENT WILL TAKL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR CORPORATE PARTNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE TAKL PLATFORM. THE AGGREGATE LIABILITY OF TAKL TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE TAKL PLATFORM IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO TAKL FOR ACCESS TO AND USE OF TAKL PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO CLAIM; OR (B) $100.

30. Indemnification

You agree to defend, indemnify and hold harmless TAKL, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the TAKL Platform.

31. Dispute Resolution; Arbitration of Claims

Generally, in the interest of resolving disputes between you and TAKL in the most expedient and cost-effective manner, YOU AND TAKL MUTUALLY AGREE THAT EVERY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION.

a. Exceptions: Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable agency; (iii) seek injunctive relief in a court of law; or (iv) file suit to address an intellectual property infringement claim.

b. Arbitrator: Any arbitration between you and TAKL will be settled under the Federal Arbitration Act, governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA").

c. Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express. TAKL's address for Notice is: Tackl SLX Holding, LLC, 2008 Martin Luther King, Suite A, Fort Worth, Texas 76104. Attn: Legal Department.

e. No Class Actions: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND TAKL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

h. Provider Opt-Out of Arbitration: Providers may opt out of arbitration with respect to certain claims by notifying the Company in writing within thirty (30) days of receiving this Agreement by sending an email to [email protected] or by mail to the Legal Department address.

32. Governing Law; Jurisdiction

Except as set forth in Section 31, this Agreement is governed and interpreted pursuant to the laws of the State of Tennessee, United States of America. For all disputes not subject to arbitration, you agree to submit to the personal jurisdiction and venue of the courts located within Williamson County, Tennessee.

33. Waiver and Severability

No waiver by TAKL of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition. If any provision of this Agreement is held to be invalid, illegal or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

35. Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and TAKL with respect to the TAKL Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the TAKL Platform.

36. Assignment

This Agreement may not be assigned or transferred by you without TAKL's prior written consent. You agree that this Agreement and all incorporated agreements may be automatically assigned by TAKL, in our sole discretion.

37. No Agency

You and TAKL are independent contractors, and no agency, partnership, joint venture, employer-employee, contractor-subcontractor, or franchisor-franchisee relationship is intended or created by this Agreement.

38. Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the TAKL Platform should be directed to: [email protected].

39. Notice Regarding Apple

If you are using our mobile applications on an iOS device, the terms of this Section apply. You acknowledge that these Terms of Use are between you and TAKL only, not with Apple, and Apple is not responsible for the TAKL Platform or its content. Apple has no obligation to furnish any maintenance or support services with respect to the TAKL Platform. Apple and Apple's subsidiaries are third-party beneficiaries of this Section of these Terms of Use.

40. Notices

Except as explicitly stated otherwise, any notice to TAKL shall be given by certified mail, postage prepaid and return receipt requested to:

Such notices shall be deemed given three (3) business days after the date of mailing.

Updated: January 30, 2026