JUNKR Terms of Service

Effective Date: May 16, 2025

Last Updated: May 16, 2025

Welcome to Junkr. Please read these Terms of Service ("Terms") carefully before using our website, mobile application, or services (collectively, the "Platform"). These Terms constitute a legally binding agreement between you ("User," "Customer," or "Hauler") and Junkr, Inc. ("Junkr," "we," "us," or "our").

By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

1. Definitions

Customer:

A user who posts junk removal jobs and/or requests services.

Hauler:

An independent contractor or business entity providing junk removal services through the Junkr platform.

Service(s):

The platform services provided by Junkr that allow Customers to book junk removal Jobs at set prices and facilitate the assignment of these Jobs to independent Haulers.

Job:

A task submitted by a Customer for junk removal, including details, images, and pickup location.

Platform:

The Junkr website, mobile application, and all associated software and services.

2. Scope of services

Junkr provides a Platform enabling Customers to book junk removal Jobs at predetermined prices displayed on the Platform. Junkr then facilitates the assignment of accepted Jobs to independent Haulers available on the Platform. Junkr is not a junk removal company itself and does not directly perform hauling services. All services are performed by Haulers who operate as independent contractors or businesses, separate from Junkr.

While Junkr facilitates the booking and payment, the actual execution of the Job is the responsibility of the assigned Hauler. Junkr is not liable for the Hauler's performance, conduct, or any damages arising from the services, nor for specific agreements or disputes that arise directly between Customers and Haulers regarding the service execution beyond the initial booking facilitated by the Platform.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. By using the Platform, you represent and warrant that you meet all eligibility requirements.

4. Account registration and security

  • a) Users must register an account to use certain features of the Platform.
  • b) Users must provide accurate, current, and complete information.
  • c) You are responsible for safeguarding your account credentials and for all activity that occurs under your account.
  • d) Junkr reserves the right to suspend or terminate any account for violation of these Terms or for any conduct that Junkr, in its sole discretion, deems inappropriate or harmful.

5. Customer responsibilities

  • Provide accurate descriptions, measurements, and photos of items to be removed.
  • Ensure that items are accessible and ready for pickup at the scheduled time, grant safe access to the premises, and secure any pets.
  • Refrain from including prohibited items (see Prohibited items section).
  • Cooperate with Haulers and provide a safe and respectful environment.

6. Hauler responsibilities

  • Maintain all licenses, permits, and insurance required by local, state, and federal laws.
  • Arrive on time and conduct services in a professional, safe, and lawful manner.
  • Remove only the items listed in the Customer's Job post unless agreed otherwise.
  • Dispose of all collected items in accordance with applicable regulations.
  • Refrain from soliciting Customers for off-platform services (see Junkr Hauler Terms of Use § 6 for details).

7. Payments and fees

  • Customers agree to pay the specified fee for the selected Job upfront at the time of booking through the Platform.
  • The fee paid by the Customer includes the cost of the junk removal service performed by the Hauler and any applicable Junkr service fees.
  • All payments are processed securely through the Platform's designated payment processor.
  • Tips for Haulers are permitted directly between the Customer and Hauler (e.g., in cash) and are not processed through the Platform.
  • If the actual volume or nature of junk significantly exceeds what was described during booking, additional charges may apply, subject to agreement between the Customer and Hauler or Junkr review.
  • Refunds, if applicable, are subject to the terms outlined in the Cancellations and refunds section.

8. Prohibited items

  • Hazardous materials (e.g., chemicals, asbestos, pesticides)
  • Explosives, ammunition, or firearms
  • Medical or biological waste
  • Illegal substances or paraphernalia
  • Any items that violate local, state, or federal law
  • Haulers reserve the right to refuse service for any item they believe is prohibited, dangerous, or outside the scope of standard junk removal.

9. Cancellations and refunds

  • Customers may cancel a Job up to 24 hours before the scheduled pickup time without penalty, provided the cancellation is made no more than 15 minutes after the initial booking (the 'Grace Period').
  • Cancellations made within 24 hours of the scheduled pickup time (and after the Grace Period) may result in a cancellation fee (e.g., $25 or a percentage of the Job fee, as specified during booking or cancellation).
  • If a Hauler fails to appear or complete the Job as agreed, Customers may be eligible for a partial or full refund after review by Junkr.
  • Refunds are not guaranteed and are issued at the sole discretion of Junkr, considering the circumstances of the cancellation or service issue.

10. Disclaimer of warranties

THE PLATFORM AND SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, JUNKR DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11. Limitation of liability

To the fullest extent permitted by law, Junkr is not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with these Terms or the Services, including loss of profits, data, or goodwill. Junkr is not responsible for: damage to property resulting from junk removal services performed by Haulers; injury or loss resulting from interactions between Customers and Haulers; or theft, fraud, or misconduct by Users. Junkr's total liability for any claim related to the Platform or services is limited to the amount paid by the User to Junkr in the 12 months preceding the claim. This limitation does not apply to Junkr's potential liability for mass arbitration filing fees as may be required by applicable arbitration rules.

12. Independent contractor relationship

All Haulers are independent contractors and are not employees, agents, or representatives of Junkr. Junkr does not control or direct Haulers' actions, methods, or practices. Haulers represent and warrant that they operate a bona-fide independent business customarily engaged in providing hauling services. Nothing in these Terms is intended to override or contradict the applicable legal tests for determining employment status (such as the ABC test under California AB-5).

13. User conduct

  • Users agree not to:
  • Use the Platform for illegal or unauthorized purposes
  • Interfere with or disrupt the integrity or performance of the Platform
  • Post false or misleading information
  • Impersonate any person or entity
  • Harass, threaten, or abuse other Users

14. User content license

By uploading content (such as photos, descriptions, or reviews) to the Platform, you grant Junkr a worldwide, non-exclusive, royalty-free, sublicensable license to host, display, modify, reproduce, and use that content solely for the purposes of operating, providing, and promoting the Platform and Services.

15. Intellectual property

All content and materials on the Platform, including but not limited to text, graphics, logos, icons, and software, are the exclusive property of Junkr or its licensors. Unauthorized use is strictly prohibited.

16. Privacy

Please refer to our Privacy Policy for information on how we collect, use, and share personal data. California residents may have additional rights under the California Privacy Rights Act (CPRA); please see the Privacy Policy for details.

17. Indemnification

You agree to indemnify, defend, and hold harmless Junkr and its officers, directors, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of or connected with (a) your access to or use of the Platform or Services, (b) your violation of these Terms, or (c) your violation of any law or the rights of a third party.

18. Termination

Junkr may terminate or suspend your account at any time, with or without notice, for violation of these Terms or for any reason deemed appropriate in Junkr's sole discretion.

19. Dispute resolution

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, effective at the time the arbitration is initiated, except as modified herein. The arbitration shall take place in California. Judgment on the award may be entered in any court having jurisdiction.

This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Furthermore, notwithstanding the foregoing, either you or Junkr may bring an individual action in small claims court.

In the event of mass arbitration filings against Junkr, the payment of AAA filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules, including any applicable provisions specific to mass arbitrations. You waive the right to participate in class actions or class arbitrations related to these Terms or the Platform.

20. Governing law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

21. Modifications

Junkr reserves the right to update or modify these Terms at any time. We will provide at least 10 days' notice of material changes, such as by posting the updated Terms on the Platform with a revised 'Last Updated' date, sending an email notification, or displaying a banner on the Platform. Your continued use of the Platform after the effective date of the changes constitutes acceptance of the new Terms.

22. Miscellaneous

  • **Severability:** If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
  • **Waiver:** Junkr's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
  • **Assignment:** You may not assign or transfer these Terms, by operation of law or otherwise, without Junkr's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Junkr may freely assign or transfer these Terms without restriction.
  • **Entire Agreement:** These Terms constitute the entire and exclusive understanding and agreement between Junkr and you regarding the Platform and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Junkr and you regarding the Platform and Services.

23. Contact information

If you have any questions or concerns about these Terms, you may contact us at:

Junkr Support support@junkrpro.com

By using Junkr, you agree to these Terms of Service. Thank you for being part of our community.