These terms of use (“Terms of Use”) constitute a legally binding agreement between you (“Tasker” or “you”) and Frictionless Enterprises, Inc. (“Frictionless” or “we” or “us”) and govern your use of the Hyer Platform. For the purposes of these Terms of Use, the term “Hyer Platform” means, collectively, Frictionless’ website (https://www.gohyer.com, the “Site”), the Hyer mobile application (the “App”), and any related services provided by Frictionless, including without limitation communications and information (whether in writing, orally, or otherwise) provided by Frictionless.
Any personal data you submit to the Hyer Platform or which we collect about you is governed by our privacy policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the Hyer Platform you have reviewed the Privacy Policy.
The use of the Hyer Platform is also governed by the general terms and conditions (the “General Terms of Use”). A copy of our General Terms of Use is available here. You acknowledge that by using the Hyer Platform you have reviewed the General Terms of Use.
These Terms of Use, the Privacy Policy, and the General Terms of Use together are hereinafter referred to as this “Agreement”.
Your use of the Hyer Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Use, the Privacy Policy, the General Terms of Use, and any future amendments and additions to this Agreement as we may publish from time to time.
THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND FRICTIONLESS CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 29, AS APPLICABLE). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 29, AS APPLICABLE) AND YOU HAVE ACCEPTED ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD NOT USE OR ACCESS THE HYER PLATFORM.
In the event of any conflict or inconsistency among the provisions of these Terms of Use, the Privacy Policy, and the General Terms of Use, the provisions of these Terms of Use will take precedence.
The Hyer Platform is a communications platform which enables connections between Customers and Taskers. “Customers” are individuals or businesses seeking to obtain short-term services (“Tasks”) from individuals seeking to perform such Tasks (“Taskers”).
The Customer defines the terms of a Task, and if the Tasker agrees to the terms of your Task, you and the Customer form a legally binding services contract (the “Task Agreement”), in accordance with the terms in Section 4.
For the purposes of these Terms of Use, “Users” means Customers and Taskers together.
As a Tasker, you acknowledge that the Hyer Platform only enables connections between Users for the fulfillment of Tasks. Frictionless is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect of Tasks, Taskers, Customers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions of any Users, or of any ratings provided by Users with respect to each other. Frictionless makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested or services provided by, or the communications of or between, Users identified through the Hyer Platform, whether in public, private, or offline interactions or otherwise.
You further acknowledge that:
In Frictionless’ sole discretion, you may be subject to an extensive vetting process before you can register for and use the Hyer Platform, including but not limited to a verification of your identity, using third-party services as appropriate (“Identity Checks”).
Frictionless Identity Checks include, but are not limited to, (i) sex offender’s registry checks, (ii) county, state, federal and national criminal records checks, (iii) domestic and international terrorist watchlist checks, and (iv) motor vehicle records checks. You acknowledge that in order to perform Tasks on the Hyer Platform you need to consent to Identity Checks as often as required by Frictionless in compliance with applicable law (including without limitation the Fair Credit Reporting Act). You will be directed to the third-party background check service site to provide personally identifying information, and provide consent to any Identity Check.
Acceptance and rejection of Taskers based on an Identity Check will be based on individualized assessment by Frictionless of the offenses found, which shall be driven by multiple criteria including, without limitation, the severity, nature, and time of each offence.
Specific information about Identity Checks criteria are accessible through frequently asked questions page (the “Hyer FAQ” at https://www.gohyer.com/faq).
When interacting with Customers, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know.
FRICTIONLESS WILL NOT BE LIABLE FOR ANY FALSE OR MISLEADING STATEMENTS MADE BY USERS OF THE HYER PLATFORM. NEITHER FRICTIONLESS NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (TOGETHER, “AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE HYER PLATFORM AND YOU HEREBY RELEASE FRICTIONLESS AND ITS AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE HYER PLATFORM.
You acknowledge and agree that a Task Agreement is formed when you agree on the terms of a Task with a Customer. Agreement on the terms of a Task is obtained after the description of a Task is reviewed by you in the App, and then accepted through either of the following mechanisms:
In either case, the Task goes into “Scheduled” status, indicating the acceptance of the terms of a Task Agreement by you and Customer.
The terms of the Task Agreement include the engagement terms proposed and accepted on the Hyer Platform, and any other contractual terms accepted by you and your Customer to the extent such terms do not conflict with the terms in this Agreement, and do not expand Frictionless’ obligations or restrict Frictionless’ rights under this Agreement. You agree that Frictionless is not a party to any Task Agreement and the formation of a Task Agreement will not, under any circumstance, create an employment or other service relationship between Frictionless and you, nor will it create an employment relationship between the Customer and yourself. Frictionless’ role is providing the Hyer Platform and acting as a limited payment and exclusive collection agent for you to facilitate payments to you through the Hyer Platform using the PSP in respect of Tasks you perform. The Customer shall pay you directly for completed Tasks through the PSP as indicated on the Hyer Platform at the rates agreed to by the Users in the Task Agreement.
While using the Hyer Platform, Customers, in their sole discretion, determine whether they will be present or not when a Task is performed and/or completed. Customers who elect not to be present when a Task is performed and/or completed agree that if someone other than them is present when the Task is performed, they are appointing that person as their agent.
Each User agrees to comply with the Task Agreement and this Agreement during the engagement, performance and completion of a Task. Both Users agree to notify Frictionless of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via company representatives for at least thirty (30) days before initiating any proceeding. Frictionless reserves the right to suspend or terminate any User account (“Account”) or Task pending the resolution of any dispute.
You hereby agree not to perform any of the following as Tasks through the Hyer Platform:
Payment of the Task Fee through the Hyer Platform is made directly from the Customer to you via the PSP, and not by Frictionless. For the avoidance of doubt, Frictionless is not obligated to pay you for Customer’s failure to pay for services.
Customers will be charged a Task fee for services performed by a Tasker pursuant to the rates quoted via the Hyer Platform (the “Task Fee”), and may be assessed a service fee to support the Hyer Platform (the “Service Fee”), and a fee for payment processing (the “PSP Fee”).
You may be required to register with the PSP, agree to terms of service of the PSP, and go through a vetting process at the request of the PSP to set up your account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Use, you agree that you have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Frictionless is not a party to the PSP Services Agreement and that Frictionless has no obligations, responsibility or liability to any Tasker or other party under the PSP Services Agreement.
As a Tasker, upon release of payment, you will receive the Task Fee paid by Customer minus the Service Fee and PSP Fee.
The Task Fee will initially be credited to your PSP account, and will be paid out to you on a schedule defined by Frictionless.
Customers shall not pay any Tasker for any Task, directly or indirectly, through any other means.
Frictionless reserves the right (but not the obligation), in its sole discretion, upon request from Customer or Tasker, or upon notice of any potential fraud, unauthorized charges or other misuse of the Hyer Platform, to (i) place on hold any Task payment, (ii) refund or provide credits, or arrange for the PSP to do so, or (iii) barring the Customer or Tasker from using the Hyer Platform.
Taskers will be liable for any taxes required to be paid on the Tasks provided under the Agreement.
All of our background and MVR checks are done through Checkr, a third-party company we have partnered with to ensure each background check is as safe and secure as possible. Company reserves the right to pass along all or a portion of the costs incurred from Checkr. For latest information, please visit the Hyer Help Center.
By installing the App, using the Site, clicking to accept or agree to these Terms of Use, or by otherwise accessing and using any aspect of the Hyer Platform, you represent and warrant that:
As a Tasker, you are solely responsible for any costs or expenses incurred by you in connection with the performance of the Services, and in no event shall Frictionless reimburse, or be required to reimburse, you for any tools, materials, costs or expenses used in connection with the Services. You shall furnish and maintain, at your own expense, the tools, equipment, supplies, and other materials used to perform the Services. You, at your sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials.
FRICTIONLESS DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. EACH CUSTOMER AND TASKER ASSUME ALL LIABILITY FOR PROPER CLASSIFICATION OF THE TASKER’S STATUS AS INDEPENDENT CONTRACTORS AND NOT EMPLOYEES. YOU INDEMNIFY AND HOLD FRICTIONLESS AND ITS AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, LOSSES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES THAT YOU OR TASKERS MAY INCUR OR BECOME ENTITLED TO, WHETHER UNDER CONTRACT, LAW, STATUTE OR OTHERWISE, IN RESPECT OF TASKS OR SERVICE AGREEMENTS OR THE USE OF THE HYER PLATFORM, INCLUDING WITH RESPECT TO MISCLASSIFICATION OF TASKERS AND THE TERMINATION OR CESSATION OF ANY TASKS, SERVICE AGREEMENTS, THIS AGREEMENT OR THE USE OF THE HYER PLATFORM.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Taskers do not have authority to enter into written or oral (whether implied or express) contracts on behalf of Frictionless. Each Tasker acknowledges and agrees that Frictionless does not, in any way, supervise, scope, direct, control or monitor a Tasker’s work or Tasks performed in any manner. Frictionless does not set a Tasker’s work hours or location of work. Frictionless will not provide any equipment, tools, labor or materials needed for a particular Task. Frictionless does not provide any supervision to Taskers.
The Hyer Platform is not an employment agency service or business and Frictionless is not an employer of any Tasker. As such, Frictionless is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, pension plan, social security, disability insurance or any other applicable federal or state withholdings in connection with a Tasker’s use of the Hyer Platform. You acknowledge and confirm that you are responsible for exercising your own business judgment in entering into Task Agreements and performing Tasks and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
Frictionless does not oversee, monitor or supervise the posting, scoping or performance of Tasks.
Customers and Taskers are responsible for identifying and obtaining any required licenses, permits, or registrations before undertaking Tasks. Certain types of Tasks and services may be prohibited altogether, and it is each Customer’s and Tasker’s responsibility to avoid such prohibited Tasks and services. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Tasks and services on the Hyer Platform, you can and should first seek your own legal assistance.
You are not entitled to or eligible for any benefits that Frictionless or its Affiliates may make available to its employees, such as group health insurance, profit-sharing or retirement benefits. Because you are an independent contractor, Frictionless will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf. Nor are you covered by any liability insurance maintained by Frictionless.
However, Frictionless has obtained Occupational Accident Insurance coverage for Taskers who have a “Covered Injury” (as defined in the applicable policy). Occupational Accident Insurance provides limited monetary benefits for certain medical expenses, disability, loss of life, survivor payments, dismemberment, and paralysis directly caused while performing Tasks contracted through the Hyer Platform. It does not provide coverage for work-related illnesses. For more detail on Occupational Accident Insurance, including a copy of the policy and claims procedures, please visit www.gohyer.com/faq. Please review the policy as the terms of the policy (which can change from time to time) govern all claims, not this summary. While Frictionless is pleased to provide this insurance, it only provides limited benefits and is not intended to provide comprehensive coverage for losses that you may sustain. You are responsible for assessing your individual insurance needs.
You are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from payments made to you under this Agreement, and you agree to do so in a timely manner. You will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions. To the extent required by the IRS, Frictionless will report the payments paid to you for Tasks performed on the Hyer Platform by filing Form 1099-MISC or 1099-K with the IRS via the PSP. You consent to electronic delivery of Form 1099-MISC or 1099-K, if such form is required or filed. You agree to indemnify Frictionless for the cost of any tax liabilities incurred by Frictionless as a result of your failure to pay all applicable taxes in a timely manner. Frictionless may ask you to provide any proper reporting and payment of taxes information. Details are accessible in the Hyer FAQ, at https://www.gohyer.com/faq.
The Hyer Platform is committed to providing a reliable, consistent, and highly responsive experience to Customers and Taskers alike. While we know schedules can change quickly, cancelling a Task with short notice causes Customers inconvenience. Therefore, no shows or cancellations without notice within twenty four (24) hours of Task start can result in deactivation of your account or a direct impact to your rating and placement of your account under review, respectively.
As a Tasker, although you may cancel your scheduled Tasks through the App if necessary, please understand that your cancellations are serious matters and may result in the suspension or deactivation of your Tasker Account.
Details on the Task cancellation policy and Customer responsibilities are accessible through the Hyer FAQ, at https://www.gohyer.com/faq.
We want Hyer to be enjoyable and safe for everyone. These ground rules are designed to ensure that Customers and Taskers have a five-star experience when using Hyer. The Hyer Platform may contain profiles, email systems, reviews, ratings, applications, job postings, comments, and/or other message or communication facilities (“Community Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Hyer Platform, you should not share your personal contact information with other Users.
Without limitation, while using the Hyer Platform, you may not:
You understand that all submissions made to Community Areas will be public and that you will be publicly identified by your name or login identification when communicating in Community Areas. Frictionless will not be responsible for the action of any Users with respect to any information or materials posted in Community Areas.
Frictionless and its affiliates prohibit discrimination against Customers or Taskers based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal, state or local law. Such discrimination includes, but is not limited to, refusing to provide or accept services based on any of these characteristics. Any Customer or Tasker found to have violated this prohibition will lose access to the Hyer Platform, in addition to any other liability under applicable law.
By installing the App, you consent to the installation of the App and any updates or upgrades that are released through the Hyer Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Frictionless’ servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App at any time.
To help maintain the quality of the Hyer Platform, Users (both Customers and Taskers) will have the opportunity to rate each other after the completion of Tasks. Rating thresholds will determine when an Account is placed under review, deactivated, or terminated. For details, please visit the Hyer FAQ, at https://www.gohyer.com/faq
Frictionless may place under review, deactivate, or terminate your right to use the Hyer Platform in the event that we are investigating or believe that you have breached any provision of this Agreement, or by providing you with written or email notice. Such action will be effective immediately upon delivery of such notice.
Frictionless may place your Account under review if your ratings fall below a certain threshold, to ensure your ratings are improving.
If Frictionless places under review, deactivates or terminates your right to use the Hyer Platform pursuant to this Section 20, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the Hyer Platform is terminated or limited, this Agreement will remain enforceable against you. Frictionless reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 29 of these Terms of Use.
Frictionless reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Hyer Platform at its sole discretion. Frictionless is not liable to you for any modification or discontinuance of all or any portion of the Hyer Platform. Frictionless has the right to restrict anyone from completing registration as a Tasker if Frictionless believes such person may threaten the safety and integrity of the Hyer Platform, or if, in Frictionless’ discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Hyer Platform. Sections 16 through 30 shall survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
You must register with Frictionless and create an Account to use the Hyer Platform. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any log-in, password, and Account number provided by you or given to you by Frictionless for accessing the Hyer Platform. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you. Frictionless has no control over the use of any Account and expressly disclaims any liability derived therefrom. If you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact Frictionless immediately. By providing your mobile phone number and using the Hyer Platform, you hereby affirmatively consent to Frictionless’ use of your mobile phone number for calls and recurring texts, (including with an autodialer and/or prerecorded voice) in order to:
These calls and texts may include, among other things, reminders about uncompleted or upcoming Tasks and/or in follow up to any push notifications delivered through our mobile application.
Frictionless will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by modifying your Account settings on the Site or the App.
SMS / Text specifics:
1 . When you opt-in to the service, we will send you an SMS message to confirm your signup.
2 . You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3 . If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
4 . We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
5 . As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive an SMS code for mobile phone verification during sign-up. Message frequency after that will vary based on tasks you apply to and are scheduled for (1 to 2 messages per task on average). If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@gohyer.com
6 . If you have any questions regarding privacy, please read our privacy policy: https://www.gohyer.com/Legal/Privacy
The Hyer Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Frictionless or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Hyer Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Frictionless does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Frictionless is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Frictionless has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Hyer Platform at its sole discretion.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Frictionless expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Hyer Platform. You hereby agree to hold Frictionless harmless from any liability that may result from the use of links that may appear on the Hyer Platform.
As part of the functionality of the Hyer Platform, you may link your Account with online accounts you may have with third party service providers (such as Facebook) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Hyer Platform; or (ii) allowing Frictionless to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Frictionless and/or grant Frictionless access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Frictionless to pay any fees or making Frictionless subject to any usage limitations imposed by such third-party service providers. By granting Frictionless access to any Third-Party Accounts, you understand that (A) Frictionless may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Hyer Platform via your Account, including without limitation any friend lists, and (B) Frictionless may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your Account with the Third-Party Account. Unless otherwise specified in these Terms of Use, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Hyer Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Frictionless’ access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Hyer Platform. You will have the ability to disable the connection between your Account on the Hyer Platform and your Third-Party Accounts at any time, as set forth below. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Frictionless makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Frictionless is not responsible for any SNS Content.
The term “User Generated Content” means any information and materials you provide to Frictionless, or its Affiliates, its corporate partners, or other Users in connection with your registration for and use of the Hyer Platform, including without limitation information posted or transmitted for use in Community Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Frictionless is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Frictionless has no obligation to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Hyer Platform at its sole discretion.
You hereby represent and warrant to Frictionless that your User Generated Content (i) will comply with all requirements in Section 16; (ii) will not represent you being employed or directly engaged by or affiliated with Frictionless or purport you to act as a representative or agent of Frictionless; and (i) will not create liability for Frictionless or cause Frictionless to lose (in whole or in part) the services of its internet service providers or other partners or suppliers.
The Hyer Platform hosts User Generated Content relating to reviews and ratings of specific Taskers (“Feedback”). Such Feedback is such Customer’s opinion and not the opinion of Frictionless, has not been verified or approved by Frictionless and each Customer should undertake their own research to be satisfied that a specific Tasker is the right person for a Task. You agree that Frictionless is not responsible or liable for any Feedback or other User Generated Content. Frictionless encourages each Customer to give objective, constructive and honest Feedback about Taskers with whom they have transacted. Frictionless is not obligated to investigate any remarks posted by Customers for accuracy or reliability but may do so at its discretion.
You hereby grant Frictionless a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the Hyer Platform.
If you provide to Frictionless any videotape, film, recording, photograph, voice, or all related instrumental, musical, or other sound effects (collectively, “Media”), in exchange for the right to use the Hyer Platform, hereby waives any and all moral rights in connection with such Media and irrevocably grants to Frictionless the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
You waive all rights and release Frictionless and its Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use of your identity, likeness or voice in connection with the Hyer Platform.
You acknowledge that Frictionless shall not owe any financial or other remuneration for using the recordings provided hereunder by such Tasker, either for initial or subsequent transmission or playback, and further acknowledges that Frictionless is not responsible for any expense or liability incurred as a result of such Tasker’s recordings or participation in any recordings, including any loss of such recording data.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Hyer Platform. YOU WAIVE AND HOLD HARMLESS FRICTIONLESS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
To the fullest extent permitted under applicable law, we are under no obligation to edit or control User Generated Content that you or other Users post or publish, and we expressly disclaim any and all liability in connection with User Generated Content. Frictionless may, at any time and without prior notice, screen, remove, edit, or block any User Generated Content that in our sole judgment violates these Terms of Use or are otherwise objectionable. You understand that when using the Hyer Platform you will be exposed to User Generated Content from a variety of sources and acknowledge that User Generated Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Frictionless with respect to User Generated Content.
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Frictionless and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Frictionless in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Frictionless upon termination of this Agreement for any reason. The term “Confidential Information” shall mean any and all of Frictionless’ trade secrets, confidential and proprietary information and all other information and data of Frictionless that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
As a Tasker, you understand that in performing the Services, you will receive certain private and/or confidential information regarding the Customer and will have access to their homes and personal belongings. Except upon order of government authority (e.g., court, administrative agency) having jurisdiction, or upon express written consent by the Customer, you agree that you shall not publish, disseminate or disclose, for your own benefit or the benefit of any third party, any confidential information regarding the Customer, including addresses, telephone numbers and/or financial information. You further agree not to engage in any activity which violates the privacy of any Customers, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of Customers or their homes or their personal belongings; or publishing, disseminating or disclosing any such photographs or recordings. You acknowledge that your failure to comply with the foregoing shall constitute a material breach of this Agreement.
The Hyer Platform is licensed, not sold, to you for use only under this Agreement. Subject to your complete and ongoing compliance with the terms and conditions of this Agreement, Frictionless hereby grants you a personal, limited, revocable, non-transferable, non-exclusive, non-commercial, non-sub-licensable license to: (a) use the App on compatible, authorized devices that you own or control; and (b) access and use the Hyer Platform solely for your own use or for the entity on whose behalf you are authorized to act.
You may not modify, alter, reproduce, or distribute the Hyer Platform. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Hyer Platform. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Hyer Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Task), nor attempt to disable or circumvent any security or other technological measure designed to protect the Hyer Platform or any content available through the Hyer Platform.
The Hyer Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Hyer, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
Except as permitted herein, you must not access or use for any commercial purposes any part of the Hyer Platform or any services or materials available through the Hyer Platform.
If you breach these license restrictions or otherwise exceed the scope of the licenses granted in these Terms of Use, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, your right to use the Hyer Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Hyer Platform or any content on the Hyer Platform is transferred to you, and Hyer reserves all rights not expressly granted. Any use of the Hyer Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
THE HYER PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FRICTIONLESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE HYER PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE HYER PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE HYER PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
FRICTIONLESS MAKES NO WARRANTY THAT (A) THE HYER PLATFORM, TASKS OR CUSTOMER REQUESTS WILL MEET TASKER’S REQUIREMENTS; (B) THE HYER PLATFORM WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HYER PLATFORM WILL BE ACCURATE OR RELIABLE. FRICTIONLESS DOES NOT AND CANNOT GUARANTEE A MATCH BETWEEN EACH CUSTOMER REQUEST AND A TASKER OR THAT THERE ARE CUSTOMERS IN EACH GEOGRAPHIC AREA WHERE THERE IS A TASKER WILLING TO FULFILL THE TASK AT THE TIME AND PLACE REQUESTED. FRICTIONLESS DOES NOT GUARANTEE OR WARRANT THE TASKERS’ PERFORMANCE OF THE TASKS OR THE OUTCOME OR QUALITY OF THE ITEMS DELIVERED.
Frictionless does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Hyer Platform or any hyperlinked website or featured in any banner or other advertising, and Frictionless will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Frictionless or its Affiliates do not warrant that access to the Hyer Platform will be uninterrupted or that the Hyer Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Hyer Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Task, service, information or materials provided through or in connection with the use of the Hyer Platform. Frictionless or its Affiliates are not responsible for the conduct, whether online or offline, of any User. Frictionless or its Affiliates do not warrant that the Hyer Platform is free from computer viruses, system failures, worms, Trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites.
Notwithstanding any feature a Customer may use to expedite Hyer selection, each Customer is responsible for determining the Task and selecting their Tasker and Frictionless does not warrant any goods or services purchased by a Customer and does not recommend any particular Tasker.
In addition, no individual or entity shall be a third party beneficiary of these terms. These terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
You acknowledge and agree that Frictionless is only willing to provide the Hyer Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Frictionless or its Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Hyer Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Frictionless or its Affiliates and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL FRICTIONLESS, ITS AFFILIATES, OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY FRICTIONLESS, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HYER PLATFORM OR THE TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
FRICTIONLESS AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS HYER PLATFORM. FRICTIONLESS AND ITS AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE HYER PLATFORM, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE QUALITY OF THE DELIVERY SERVICES PROVIED BY TASKERS OR THIRD-PARTY COURIER SERVICE.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT FRICTIONLESS AND ITS AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO FRICTIONLESS DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE HYER PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE FRICTIONLESS IS NOT A PARTY TO OR OTHERWISE INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF THE TASK, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE FRICTIONLESS AND ITS AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby agree to indemnify, defend, and hold harmless Frictionless and its Affiliates (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with: (i) your use or inability to use the Hyer Platform; (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party; and (iv) any content submitted by you or using your Account to the Hyer Platform, including, but not limited to the extent such content may infringe on the intellectual property rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. Frictionless reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Frictionless.
You agree that THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL CLAIMS, CAUSES OF ACTION OR DISPUTES (EACH A “CLAIM”) RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND YOUR USE OF THE HYER PLATFORM SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the use of the Hyer Platform be instituted more than three (3) years after the cause of action arose.
Before filing a Claim for arbitration or otherwise seeking relief in a court of law, you agree to first inform Frictionless (support@gohyer.com) of your complaint and seek resolution. This notice of dispute must include: your name, relevant account information, a brief description of your dispute, and contact information, so that Frictionless may evaluate the dispute and attempt to informally resolve same. Frictionless will have sixty (60) days from the date of your original complaint to informally resolve the dispute, which if successful will avoid the need for further action.
In the unlikely event that you and Frictionless end up in a legal dispute and have not been able to resolve it within sixty (60) days of your original informal claim, you and Frictionless agree to the following:
Except as otherwise provided in the severability provisions in Section 26(c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
As a Tasker, you may opt out of the Arbitration Agreement by notifying Frictionless in writing within thirty (30) days of your agreement to these Terms of Use. To opt out, you must send a written notification to Frictionless at Frictionless Enterprises, Inc. 18530 Mack Avenue, Suite # 353, Grosse Pointe Farms, MI 48236, Attention: Legal, that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.
Failure by Frictionless to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement, together with the other documents referenced herein, constitutes the complete and exclusive agreement between you and Frictionless with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the second paragraph in Section 29(a), in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (i) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 30(a) shall be null and void. This Agreement will inure to the benefit of Frictionless, its successors and assigns.
Frictionless reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Use, Privacy Policy, the General Terms of Use) and review, improve, modify or discontinue, temporarily or permanently, the Hyer Platform or any content or information through the Hyer Platform at any time, effective with or without prior notice and without any liability to Frictionless. Frictionless will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Hyer Platform. Your continued use of the Hyer Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Frictionless may also impose limits on certain features or restrict your access to part or all of the Hyer Platform without notice or liability.
None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.
Frictionless may give any notice required by this Agreement by means of a general notice on the Site, the App, electronic mail to your email address on record with Frictionless, or by written communication sent by first class mail or pre-paid post to your address on record with Frictionless. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or upon sending (if sent by email). You may give notice to Frictionless by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the following address: Frictionless Enterprises, Inc., 18530 Mack Avenue, Suite # 353, Grosse Pointe Farms, MI 48236 or email to support@gohyer.com.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE, AS WELL AS THE PRIVACY POLICY AND THE GENERAL TERMS OF USE, AND AGREE THAT MY USE OF THE HYER PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Cookie | Duration | Description |
---|---|---|
cookielawinfo-checkbox-analytics | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics". |
cookielawinfo-checkbox-functional | 11 months | The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". |
cookielawinfo-checkbox-necessary | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary". |
cookielawinfo-checkbox-others | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. |
cookielawinfo-checkbox-performance | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance". |
viewed_cookie_policy | 11 months | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |
A people person by nature, Mike’s reputation for building meaningful relationships is second to none. Working to support business partners, his unwavering passion for helping customers find success at every stage is evident in the work he does.
Backed with nearly four decades of experience, Mike led the execution of retail sales priorities at Pepsi Co where he was responsible for growing 1.2B in annual revenue across the Central South Region. His dedication to customers along with his team earned him the recognition of Best of Pepsi in 2010.
Mike holds a Bachelor’s Degree in Business Administration from Eastern Michigan University.
While Mike might tell you he loves to play poker—what he won’t tell you is he has a terrible poker face.
Katie leads the marketing organization at Hyer with the honest belief that success comes through the success of others. In her role she oversees communications, marketing strategy and management across all channels. Katie brings with her a wealth of expertise from both in-house and agency experiences.
Prior to joining Hyer, Katie spent 20 years developing and executing marketing strategies for some of the nation’s largest brands. From major players like Microsoft—to leading tech start-ups—her work has earned her multiple American Advertising Awards, recognizing her for her creative and strategic spirit.
A storyteller by nature, make sure to carve out some time if you ask her about her love for fishing and hunting—just don’t tease her about her Minnesota accent.
Katie holds a B.A. in Marketing and Mass Communication from North Dakota State University. Go BISON!
Dan’s passion for helping partners succeed sparks from his upbringing in a three-generation small town grocer his family operated in New Jersey. While so much has changed by way of technical advancements, his belief is that people that still matter most, every time. With this overhead vision, Dan leads Hyer’s partnership strategy with the mission to build relationships in pursuit of a better way to work.
Prior to joining Hyer, Dan spent more than 15 years in the retail/eCommerce/gig space in partner-facing roles at Anheuser-Busch, Amazon and most recently Shipt where he served as VP of Business Development. In that role, Dan led all new partnership acquisition and revenue across Retail and CPG Industries and was responsible for expanding Shipt’s footprint through national and local partnerships.
If you can kick-start a conversation before Dan beats you to it—hit him up for his experience as a childhood textbook model. It’s worth a laugh.
A proud St. Joseph’s University Hawk, Dan holds a Master’s Degree in Food Marketing.
An experienced, accomplished and passionate leader, Mario is a quintessential “people person” that loves relationship building and dynamic problem-solving—which allows him to learn something new every day.
Bringing more than 35 years of executive experience to the Hyer team, Mario retired in 2018 as the Senior Vice President and General Manager of the Franchise Business Unit of PepsiCo North America. With an impressive track record of leading large and complex businesses to exceed profit targets, revenue growth, market share and organizational goals—he instilled a spirit of partnership among both company-owned and independent bottlers. That spirit of partnership still exists in the work he does today.
He holds a BS Degree in Business Administration from the State University of New York at Oswego.
Mario and his wife, Susan, reside in Brewster, New York—but flock to Palm Beach, Florida during the winter months so he can work on his golf game.
Breathing life into an idea and making it a reality, Jen has spent countless hours building the Hyer platform with three goals in mind: giving people a sense of purpose by providing them with meaningful work opportunities; helping businesses solve workforce problems; and giving back to the communities we serve.
Her passion for helping solve business challenges has fueled Jen for more than two decades. Prior to co-founding Hyer, she worked at PepsiCo—where she was responsible for overseeing the Sales and Go-to-Market IT systems for Pepsi North America Beverage—which spanned 35,000 users across US and Canada. In her role, Jen worked with Dave and Pankaj to spearhead the Sales Transformation initiative, which drove significant top and bottom line benefits for the company.
Jen holds a B.S. in Business Administration and a Master’s Degree in MIS from the State University of New York at Albany.
Going on Who Wants to be a Millionaire? If 80’s & 90’s music and hairbands come up—use your phone a friend on Jen—she’ll have your back.
Standing at the forefront of expertise and innovation, Hyer Founder and CEO, Dave Dempsey knows a thing or two about fulfilling work. Backed by nearly four decades of executive experience—Dave launched Hyer in 2019 in an effort to change the way work gets done—while empowering people along the way.
Prior to starting Hyer, Dave spent 37 years at PepsiCo, building a strong reputation throughout many strategic and executive roles—most recently serving as the Vice President of Sales Transformation. Over his tenure at PepsiCo, Dave was the proud recipient of multiple awards—recognizing him for his proven results, outstanding ethics and overall drive for success.
While Dave is thrilled to have received Pepsi’s most prestigious honor, the Chairman’s Award, the most notable honors that top his personal list include his family, friends and faith. Dave is also a highly respected and competitive cornhole player, currently retaining the title for reigning champion at family events.
Dave holds a BA in Marketing from the University of Hartford in Connecticut.
Pankaj is not your average CTO. He has the ability to think creatively and analytically at the same time—making him our go to guy for nearly any problem. With deep knowledge of technology and infrastructure—coupled with strategy—Pankaj is able to think outside the box and give form and shape to ideas that continually drive results. From legal and financial to market research and branding—his expertise and dedication has helped position Hyer for growth time and time again.
Bringing more than two decades of experience to the Hyer team, Pankaj led Pepsi Beverages Mobility Strategy—which was part of a $100 million dollar sales transformation program designed to support their 30,000+ strong sales force. Driving the development, deployment and oversight of 19 sales and GTM mobile apps—his work enabled the sales team to achieve stellar results.
Pankaj holds a Bachelor’s Degree in Computer Science and Engineering from the prominent Indian Institute of Technology.
If bass guitar strikes a chord with you, his band Raagatonic might be up your alley!
Dan knows a thing or two about solving operational headaches—and works tirelessly to ensure things run not just smoothly—but efficiently. Continuously helping customers improve the way they go about their business; Dan also leads efforts to attract and retain Taskers in meaningful ways.
Passionate about providing a new way for people to make a living outside of the normal corporate structure, Dan was Hyer’s first (and #1 Tasker)—which gave him a deep appreciation for the 50,000+ Taskers who have since followed.
Before joining Hyer, Dan worked for PepsiCo where he managed sales efforts that drove 12 million in gross revenue. Dan received B.A. in Business with a focus in marketing from John Carroll University—go Blue Streaks!
If you’re looking to start a garden—Dan’s the man you want to ask for advice. Just don’t hit him up on beach volleyball night.
When it comes to digging in and making sense of numbers, Joey is our go-to guy. Managing the day-to-day accounting and finance functions at Hyer—he lends a hand to ensure overall operations are running smoothly (and on budget).
Working alongside family—Joey jumped at the chance to join the Hyer team early on as he firmly believes the Hyer App has tremendous potential to positively impact the way work gets done.
Prior to joining Hyer in 2019, Joey spent several years working in due diligence and has extensive knowledge in financial analysis and revenue trends. He holds a BBA in Accounting from Loyola University in Chicago.
While Joey loves to talk numbers—if you really want to kickstart a conversation—just ask him about his can koozie collection.