Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE (“AGREEMENT”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“CLIENT,” “USER,” OR “YOU”) AND ALMOST ANYTHING INC., A CALIFORNIA CORPORATION (“COMPANY,” “AAI,” “WE,” “US,” OR “OUR”).

BY ACCESSING OR USING THE WEBSITE LOCATED AT HTTPS://WWW.ALMOSTANYTHINGINC.COM (THE “WEBSITE”), ANY MOBILE APPLICATION, COMMUNICATION CHANNEL, SOFTWARE, PLATFORM, PORTAL, OR TECHNOLOGY PROVIDED BY COMPANY (COLLECTIVELY, THE “PLATFORM”), OR BY REQUESTING, PURCHASING, ACCESSING, OR USING ANY SERVICES PROVIDED, COORDINATED, MANAGED, OR ARRANGED BY COMPANY (COLLECTIVELY, THE “SERVICES”), YOU AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.

NATURE OF SERVICES

Almost Anything Inc. is a managed personal assistance, concierge, operational support, and project coordination company.

Company provides high-touch administrative, logistical, personal assistance, operational coordination, scheduling, project management, concierge, procurement, vendor coordination, errand, delivery, and related support services through a managed service infrastructure utilizing employees, contractors, assistants, consultants, coordinators, subcontractors, and independent third-party vendors.

Company is not a marketplace, transportation carrier, employer of Clients, staffing agency, security provider, law firm, accounting firm, financial advisor, healthcare provider, travel agency, or licensed professional services provider unless expressly stated otherwise in writing.

Company does not guarantee:

• specific outcomes;
• uninterrupted availability;
• immediate response times;
• assignment of any particular assistant or personnel;
• completion of requests within a specific timeframe;
• availability of vendors, inventory, reservations, or third-party services;
• pricing or performance of third parties.

Services may evolve, expand, or change over time.

Company reserves the right to refuse, decline, pause, modify, or discontinue any request or Service at any time in Company’s sole discretion.

1. USER REPRESENTATIONS, WARRANTIES & COVENANTS

By using the Services, you represent, warrant, and agree that:

1.1 Legal Authority

You are at least eighteen (18) years old and legally capable of entering into binding contracts.

If acting on behalf of an entity, family office, employer, business, household, or third party, you represent that you have authority to bind such party to this Agreement.

1.2 Authorization to Act; Reliance on Instructions

You authorize Company and Company personnel to act on your behalf and at your direction in connection with requested Services, including communicating with third parties, placing orders, coordinating logistics, scheduling appointments, submitting forms, arranging reservations, managing vendors, coordinating projects, and related support services.

Company may rely upon instructions communicated through:

• the Platform;
• email;
• telephone;
• SMS/text message;
• messaging applications;
• verbal communications;
• or other communication methods reasonably believed by Company to originate from you or your authorized representatives.

You are solely responsible for verifying the completeness, legality, accuracy, authority, and appropriateness of all instructions, approvals, specifications, addresses, requests, payment authorizations, and information provided to Company.

Company shall not be liable for losses, delays, damages, fees, cancellations, errors, failed deliveries, missed appointments, transactional issues, or other problems arising from:

• incomplete or inaccurate information;
• conflicting instructions;
• unauthorized communications;
• outdated information;
• failures by third parties;
• or your failure to timely respond or provide approvals.

1.3 Credentials; Third-Party Accounts; Sensitive Information

If you provide Company with passwords, credentials, payment methods, access codes, account access, memberships, subscriptions, software access, property access, or authorization to access third-party systems or services on your behalf, you represent and warrant that you are fully authorized to provide such access.

You acknowledge that Company personnel may, at your direction, access, manage, or interact with third-party platforms, applications, websites, memberships, subscriptions, payment methods, accounts, communication systems, reservations, or services on your behalf.

You assume all risks associated with granting such access, including:

• account restrictions or suspensions;
• platform outages;
• third-party security failures;
• transactional errors;
• unauthorized access not caused by Company’s willful misconduct;
• data loss;
• cancellations;
• reservation issues;
• ordering mistakes;
• pricing discrepancies;
• or third-party policy violations.

Company is not responsible for losses arising from actions taken pursuant to your instructions, permissions, or authorizations.

1.4 Managed Service Relationship

All communications regarding Services shall flow through Company.

You agree not to bypass Company by directly managing, supervising, instructing, compensating, or operationally engaging Company personnel or Vendor Resources outside Company’s managed service structure unless expressly authorized in writing by Company.

Company reserves the exclusive right to assign, replace, coordinate, supervise, manage, or reassign personnel performing Services.

No Client is guaranteed access to any specific assistant, contractor, coordinator, or vendor.

1.5 No Guarantee of Availability

Company will use commercially reasonable efforts to fulfill requests; however, operational constraints, personnel limitations, vendor limitations, inventory availability, geographic limitations, emergencies, weather, traffic, travel conditions, security concerns, public events, technology failures, scheduling conflicts, and other circumstances may limit Company’s ability to perform requested Services.

Membership tiers, VIP services, retainers, or recurring plans do not guarantee:

• unlimited services;
• immediate response;
• uninterrupted access;
• dedicated staffing;
• guaranteed availability;
• or priority fulfillment unless expressly agreed in writing.

1.6 Prohibited Conduct

You agree that you will not:

(a) use the Services for unlawful purposes;

(b) request illegal, unsafe, fraudulent, abusive, discriminatory, or unethical activities;

(c) use the Services to transport people or animals unless expressly approved by Company;

(d) harass, threaten, abuse, or endanger Company personnel, vendors, contractors, or representatives;

(e) bypass Company by soliciting, hiring, contracting with, recruiting, engaging, compensating, or attempting to directly engage any employee, assistant, contractor, consultant, coordinator, vendor resource, or service provider introduced, coordinated, referred, or connected through Company outside Company’s Services;

(f) interfere with Company’s business relationships or operational systems;

(g) copy, scrape, distribute, monitor, or republish Platform content without authorization;

(h) provide false, misleading, fraudulent, or outdated information;

(i) abuse promotional programs, discounts, credits, or referrals;

(j) attempt unauthorized access to Company systems;

(k) use the Services in a manner that damages or disrupts Company operations.

1.7 Direct Engagement / Placement Fee

If Client directly or indirectly hires, engages, contracts with, employs, retains, or otherwise enters into a business relationship outside of Company with any employee, assistant, contractor, vendor resource, consultant, or service provider introduced, referred, coordinated, or materially connected through Company during the term of the relationship or within twelve (12) months thereafter, Company shall be entitled to a placement and conversion fee.

Such fee shall equal the greater of:

(a) thirty percent (30%) of the individual’s or entity’s anticipated first-year compensation or contract value; or

(b) six (6) months of the average monthly fees, billings, or compensation previously paid through Company relating to such individual or entity.

The Parties acknowledge that such fee represents a reasonable estimate of the business development, sourcing, onboarding, coordination, operational integration, management infrastructure, and goodwill investment incurred by Company and is not intended as a penalty.

1.8 Client Relationship Protection & Non-Circumvention

Client acknowledges that Company invests substantial time, resources, operational infrastructure, training, sourcing, coordination, and goodwill in developing its personnel, contractor network, vendor relationships, and managed service ecosystem.

Accordingly, Client agrees not to intentionally circumvent Company by directly engaging, redirecting, or establishing independent service relationships outside Company with personnel, contractors, assistants, consultants, coordinators, or Vendor Resources introduced or coordinated through Company except through Company’s authorized processes or upon payment of any applicable placement or conversion fees.

Client further agrees not to interfere with Company’s business relationships, operational systems, pricing structures, workflows, or personnel assignments.

1.9 Remedies

You acknowledge that breach of this Section 1 may cause Company immediate and irreparable harm for which monetary damages alone would be insufficient.

Company shall be entitled to injunctive relief, equitable relief, attorneys’ fees, costs, and all other remedies available under applicable law.

2. USER ACCOUNTS

You are solely responsible for all activities occurring under your account.

You must maintain accurate and current account information.

Company reserves the right to suspend, restrict, investigate, or terminate accounts for:

• suspected fraud;
• abusive conduct;
• security concerns;
• payment disputes;
• operational risk;
• legal concerns;
• or violations of this Agreement.

3. CLIENT INFORMATION & MATERIALS

Client may provide Company with documents, communications, files, credentials, preferences, schedules, instructions, images, contact information, project materials, and other information necessary for Company to perform the Services (“Client Materials”).

Client represents and warrants that Client has all necessary rights, permissions, and authority to provide such Client Materials to Company and to authorize Company to use them in connection with the Services.

Company shall use Client Materials solely for purposes of providing, coordinating, managing, documenting, improving, securing, or supporting the Services requested by Client.

Company does not claim ownership of Client Materials.

Company may retain communications, operational records, transaction history, project documentation, and related business records as reasonably necessary for operational, legal, accounting, insurance, compliance, security, archival, dispute resolution, and quality-control purposes.

4. INTELLECTUAL PROPERTY

Company and its licensors retain all rights, title, and interest in and to:

• the Platform;
• Services;
• systems;
• workflows;
• branding;
• trademarks;
• operational methodologies;
• content;
• software;
• documentation;
• and related intellectual property.

Nothing in this Agreement transfers ownership rights to you.

5. PAYMENT TERMS

5.1 Fees & Pricing

Company pricing may include hourly fees, project fees, retainers, subscriptions, membership fees, errand fees, convenience fees, mileage charges, rush fees, wait-time charges, cancellation fees, procurement fees, vendor coordination fees, administrative charges, service markups, or other applicable charges.

Standard pricing may change from time to time.

Additional charges may apply for:

• advance purchases;
• long-distance travel;
• high-priority requests;
• after-hours requests;
• holidays;
• specialty coordination;
• returns;
• storage;
• procurement;
• or extraordinary requests.

5.2 Authorization for Charges

You authorize Company to charge your designated payment methods for:

• Services;
• approved purchases;
• vendor costs;
• reimbursements;
• taxes;
• gratuities;
• convenience fees;
• administrative fees;
• mileage;
• cancellation fees;
• wait-time fees;
• and related operational expenses.

5.3 Chargebacks & Payment Disputes

You agree not to initiate improper chargebacks or payment disputes relating to valid charges for requested Services, approved purchases, completed tasks, membership fees, retainers, subscriptions, or authorized expenses.

Improper chargebacks may result in:

• immediate suspension or termination of Services;
• collections activity;
• recovery of attorneys’ fees;
• administrative fees;
• and other enforcement costs.

5.4 Refunds

Completed Services, fulfilled requests, completed purchases, deposits, retainers, memberships, and subscription fees are non-refundable except as required by applicable law or expressly approved by Company in writing.

5.5 Membership Cancellation

Membership cancellations must be submitted in writing to [email protected] at least thirty (30) days prior to the next billing date.

6. THIRD-PARTY SERVICES & VENDORS

Company may coordinate, arrange, recommend, or facilitate access to independent third-party vendors, merchants, restaurants, venues, transportation providers, delivery providers, contractors, consultants, event providers, and other third parties (“Vendor Resources”).

Vendor Resources operate independently from Company.

Company does not employ, control, supervise, inspect, endorse, guarantee, or warrant the quality, legality, suitability, safety, availability, pricing, conduct, licensing, performance, or actions of Vendor Resources.

Company does not manufacture, prepare, inspect, store, transport, or guarantee products or services provided by third parties.

Any third-party products, reservations, deliveries, transportation, services, or experiences coordinated through Company are provided solely by independent third parties.

Company disclaims all liability arising from third-party acts, omissions, negligence, delays, cancellations, injuries, damages, failures, or misconduct.

7. RESTRICTED REQUESTS; RIGHT TO REFUSE SERVICE

Company may refuse, pause, modify, investigate, or terminate any request or Service at any time in Company’s sole discretion.

Company reserves the right to decline requests involving:

• illegal activity;
• fraud;
• controlled substances;
• weapons;
• unsafe conditions;
• harassment;
• abusive conduct;
• emergency response;
• reputational concerns;
• unreasonable demands;
• excessive risk;
• high-value items;
• confidential materials;
• cash handling;
• sensitive information;
• security-sensitive environments;
• or any circumstance Company believes creates operational, financial, legal, logistical, privacy, reputational, or safety concerns.

Alcohol-related requests may only be fulfilled in compliance with applicable laws.

Government-issued identification may be required.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company, its affiliates, owners, officers, directors, employees, contractors, agents, representatives, successors, assigns, Vendor Resources, and personnel from and against all claims, liabilities, damages, losses, penalties, judgments, costs, expenses, and attorneys’ fees arising out of or related to:

• your use of the Services;
• your instructions;
• User Content;
• your negligence or misconduct;
• your violation of this Agreement;
• your violation of applicable law;
• disputes involving third parties;
• or claims arising from actions taken on your behalf.

9. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

COMPANY DISCLAIMS ALL WARRANTIES INCLUDING:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• AVAILABILITY;
• RELIABILITY;
• SECURITY;
• OR ACCURACY.

COMPANY DOES NOT WARRANT THAT:

• SERVICES WILL BE UNINTERRUPTED;
• REQUESTS WILL ALWAYS BE FULFILLED;
• PERSONNEL OR VENDORS WILL ALWAYS BE AVAILABLE;
• THIRD PARTIES WILL PERFORM AS EXPECTED;
• OR THAT THE PLATFORM WILL BE ERROR-FREE.

10. FORCE MAJEURE; INTERNET DELAYS

10.1 Force Majeure

Company shall not be liable for delays, interruptions, failures, or inability to perform resulting from events beyond Company’s reasonable control, including:

• weather events;
• acts of God;
• labor disputes;
• transportation disruptions;
• traffic conditions;
• internet outages;
• utility failures;
• supply shortages;
• public emergencies;
• public health events;
• vendor failures;
• civil unrest;
• governmental actions;
• technology failures;
• or similar events.

10.2 Internet Delays & Systems Issues

Company is not responsible for delays, failures, outages, interruptions, or damages caused by:

• telecommunications failures;
• internet outages;
• software issues;
• third-party systems;
• payment processor failures;
• email failures;
• cloud service interruptions;
• or electronic communications failures.

10.3 Client-Provided Items & Instructions

Company does not inspect, verify, guarantee, or warrant the legality, condition, safety, quality, suitability, authenticity, or accuracy of client-provided items, instructions, products, materials, or information.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

(a) THE TOTAL AMOUNTS PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(b) THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR:

• INDIRECT DAMAGES;
• INCIDENTAL DAMAGES;
• SPECIAL DAMAGES;
• CONSEQUENTIAL DAMAGES;
• EXEMPLARY DAMAGES;
• PUNITIVE DAMAGES;
• LOST PROFITS;
• LOST BUSINESS;
• LOSS OF DATA;
• LOSS OF GOODWILL;
• OR EMOTIONAL DISTRESS DAMAGES.

COMPANY SHALL NOT BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, NEGLIGENCE, OR MISCONDUCT OF THIRD PARTIES, INCLUDING VENDORS, MERCHANTS, DELIVERY PROVIDERS, CONTRACTORS, EVENT PROVIDERS, TRANSPORTATION PROVIDERS, VENUES, OR OTHER THIRD PARTIES.

12. DISPUTE RESOLUTION & ARBITRATION

12.1 Agreement to Arbitrate

Except as otherwise provided herein, any dispute, claim, or controversy arising out of or relating to the Services, Platform, or this Agreement shall be resolved exclusively through final and binding arbitration.

12.2 Arbitration Rules

Arbitration shall be administered by JAMS under its applicable rules.

12.3 Arbitrator Authority

The arbitrator shall have exclusive authority to resolve disputes regarding interpretation, applicability, enforceability, or formation of this arbitration agreement.

12.4 Waiver of Jury Trial

YOU AND COMPANY WAIVE ANY RIGHT TO A JURY TRIAL.

12.5 Waiver of Class Actions

ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS.

NO CLAIM MAY BE ASSERTED AS A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, OR REPRESENTATIVE PROCEEDING.

12.6 Opt-Out Procedure

You may opt out of arbitration by sending written notice to [email protected] within thirty (30) days of first becoming subject to this Agreement.

12.7 Exceptions; Company Enforcement Rights

Notwithstanding anything herein to the contrary, Company may seek relief in any court of competent jurisdiction for matters involving:

• unpaid fees or collection matters;

• chargebacks or fraudulent payment disputes;

• confidentiality obligations;

• misuse of Company systems or credentials;

• circumvention or direct-hire disputes;

• placement or conversion fees;

• intellectual property rights;

• interference with Company relationships or operations;

• injunctive or equitable relief;

• temporary restraining orders;

• or disputes that Company reasonably believes require immediate judicial intervention.

Nothing in this Agreement prevents Company from pursuing lawful self-help remedies, collections activity, insurance claims, equitable remedies, or provisional relief.

12.8 Survival

This Section survives termination of your relationship with Company.

13. GOVERNING LAW & VENUE

This Agreement shall be governed by the laws of the State of California and the Federal Arbitration Act, without regard to conflict of law principles.

To the extent litigation is permitted under this Agreement, exclusive venue shall lie in the state or federal courts located in Los Angeles County, California.

14. TERMINATION

Company may suspend, restrict, or terminate access to the Services at any time for:

• operational reasons;
• safety concerns;
• payment issues;
• legal concerns;
• reputational concerns;
• abuse;
• or violations of this Agreement.

Company may refuse future Services in its sole discretion.

Survival

Sections relating to:

• payment obligations;
• confidentiality;
• indemnification;
• intellectual property;
• arbitration;
• limitation of liability;
• direct engagement restrictions;
• and related provisions intended to survive

shall survive termination.

15. COPYRIGHT COMPLAINTS

If you believe copyrighted material has been improperly used through the Services, please provide Company with:

• identification of the copyrighted work;
• identification of the allegedly infringing material;
• contact information;
• a statement of good-faith belief;
• and a statement under penalty of perjury.

Notices may be sent to:

Almost Anything Inc.

1231 S Hill Street

Los Angeles, CA 90015

[email protected]

16. GENERAL PROVISIONS

16.1 No Employment, Partnership, or Agency Relationship

Nothing in this Agreement creates any employment, partnership, joint venture, fiduciary, or agency relationship between you and Company.

16.2 Electronic Communications

You consent to receive communications electronically.

16.3 Severability

If any provision is held unenforceable, the remaining provisions shall remain enforceable.

16.4 Waiver

Failure to enforce any provision shall not constitute a waiver.

16.5 Assignment

You may not assign this Agreement without Company’s written consent.

Company may assign this Agreement without restriction.

16.6 Entire Agreement

This Agreement constitutes the complete agreement between you and Company relating to the Services.

16.7 Modifications

Company may update or modify this Agreement from time to time.

Continued use of the Services following updates constitutes acceptance of the revised Agreement.

16.8 California Consumer Notice

California residents may contact the California Department of Consumer Affairs regarding complaints.