Turn logo
For Companies
For Workers
Integration
About Turn
Blog
Request Demo
Login

Terms of Use

TURN TECHNOLOGIES, INC.

Effective Date: November 12, 2020

Turn Technologies Inc. (“Turn,” “we,” “us,” or “our”) provides the content, worker screening, worker sourcing, or other products and services (“Services”) available at www.turning.io, Turn mobile application, via application programming interfaces, and any other technology or tools offered by Turn via any other platforms (“Sites”), owned or operated, by Turn.

The Sites and Services provide a platform emerging and established companies across multiple industries who have contracted to use or test Turn’s Services (“Partners”) to procure Consumer reports, as defined in Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq (“FCRA”) and/or Investigative Consumer Reports as defined under the Investigative Consumer Reporting Agencies Act (“ICRAA”), California Civil Code Sections 1786 et seq (“consumer report” or “reports”), for independent contractors, agents, volunteers, or other contingent workers, (“Workers,” “Consumers,” or “you”) for employment purposes.

Turn also provides a Worker Sourcing platform that allows its Partners to access a network of Workers to provide services. Workers have access to the Sites to receive and review invitations to provide services to Partners and to determine their interest in and availability to respond to such requests.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

These Terms of Use (“Terms” or “Agreement”) is an electronic contract that sets out the legally binding terms of the relationship between Turn and you. By accessing the Sites or Services, you accept and agree to be bound by the terms, conditions, and notices contained and/or referenced herein.

We reserve the right to update this Agreement at any time. Any changes are effective immediately upon posting to the www.turning.io. The most recent version of this Agreement is the version that applies.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS OUR SITES OR SERVICES.

Table of Contents

  1. Use of Turn’s Services
  2. Our Intellectual Property and License to You
  3. Prohibited Uses of the Sites or Our Services
  4. Your Information
  5. Turn Communications
  6. Marketing Promotions and Referrals
  7. Disclaimer
  8. Limitation of Liability
  9. Indemnity
  10. Third-party Links
  11. Modification of Terms
  12. Dispute Resolution and Arbitration Agreement
  13. General Terms14.Appendix

1. Use of Turn’s Services

1.1. You may only use our Sites and Services if you can form a legally binding contract under applicable law. Our Services are unavailable to minors (people under the age of 18) or to those who have had their account temporarily or permanently deactivated. If you are under 13 years old, the Sites and Services are not directed to children under 13 years old, and you may not provide personal information to us or register on the Sites.

1.2. You must register for and maintain an active personal user account to use most aspects of our Services. Account registration requires you to submit certain personal information, such as your name, email addresses, and mobile number. In return for using our Services, you agree to (i) provide true, accurate, current and complete account information, and (ii) maintain and promptly update your information to keep it true, accurate, current and complete. We have the right to block your current or future use of the Sites ifyou provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that the information is false, inaccurate, not current or incomplete. You may only have one account unless otherwise permitted by us in writing.

1.3. You are responsible for maintaining the confidentiality and security of your account and for all activities or any other actions that occur under, or someone takes in connection with your account or password. You agree to (i)immediately notify us of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password; and (ii) ensure that you exit from your account at the end of each session. Turn will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (i) and (ii) or for any acts or omissions by you or someone else using your account.

1.4.These terms apply to your use of the Services, including but not limited to: applying for, updating, and managing your consumer report(s) and related documentation; obtaining status information regarding reports; Turn’s processes for generating reports and resolving potential inaccuracies; requesting a copy of your consumer file; and/or any disputes relating to your consumer report; and seeking work opportunities with Partners seeking to
provide services. Your access to, review of, and/or use of the Sites and Services is conditioned on your acceptance of and compliance with these Terms.

  • You further acknowledge and agree that your work with Partner creates a direct business relationship between you and the Partner. Turn is not responsible or liable for the actions or inactions of a Partner or a patron of a Partner in relation to your engagement with Partner facilitated by Turn Services or otherwise. You shall have the sole responsibility for any obligations or liabilities to Partner, patrons of Partner, or other third parties that arise from your provision of work. You acknowledge and agree that: (1) you are solely responsible for taking such precautions as may be reasonable and proper (including proper attire, and understanding the nature of the work) regarding any acts, omissions, or requirements of a Partner, a patron of a Partner, or other third party; and(2) Turn may release your contact and/or personal information to a Partner upon reasonable request. By accepting and using Turn Services, you acknowledge and agree that you are an independent contractor to Partner. You agree that nothing in these Terms should be construed to create: (a) an employer-employee relationship or (b) a joint venture, franchisor-franchisee, partnership, or agency relationship; or (3) any other relationship other than that of an independent contractor between you and Partner.

1.5. Authorization to Transfer Funds. Certain services Turn provides require your authorization in order to initiate the transfer of funds. These fund transfers may be ACH credit or debit. You agree to authorize Turn to initiate the transfer of funds. It is your responsibility to ensure that there are sufficient funds in your bank account for the fund transfer activity initiated by Turn. If there are not sufficient funds, Turn may choose to decline or cancel the request to transfer funds. Turn is not responsible for any associated fees assessed by your bank, including, but not limited to, overdraft fees.

1.6. If you choose to participate in any additional Services, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such additional Services, and such additional terms are incorporated herein by reference.

2. Our Intellectual Property and License to You

2.1. Except for your Information (as defined below), the Services and everything on them, from text to photos to videos to graphics and software (collectively, the “content”) are owned by or licensed to Turn. The Services and the content are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Services and except for the trademarks, service marks, logos and trade names of other companies we display on the Sites, all trademarks, service marks, logos, trade dress, and trade names are proprietary to Turn, including but not limited to the TURN logo; and the www.turning.io trade dress. Turn will enforce its intellectual property rights to the fullest extent of the law.

2.2. We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites or the content for your personal use as expressly permitted by these terms, all applicable intellectual property laws, and any Updated or Additional Terms (as defined below). Any other use of the Sites or the content is strictly prohibited, and you may not copy, republish, upload, post, transmit, distribute or modify the Materials without our express written permission. You should not interpret any language on the Sites as us granting you a license or right to use the Materials or third-party proprietary content without our express written permission or that of the relevant third-party owner. You also may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce to a human-perceivable form any software that you download from the Sites.

3. Prohibited Uses of the Sites or Our Services

Written consent. You may not do any of the following, or allow any third party to do any of the following:

  • copy, distribute, rent, lease, lend, sublicense or transfer the Platform, or make the Platform available to any third party, including Your affiliates, parents or subsidiaries, without Turn’s express prior written consent;
  • modify, decompile, reverse engineer, or disassemble the Platform or otherwise attempt to discover any underlying source code, ideas, algorithms, file formats or programming interfaces, (iii) create derivative works based on the Platform;
  • modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Platform;
  • use the Platform to develop a competitive product offering;
  • not use, or attempt to use, the Services for unauthorized purposes;
  • not allow Your personnel to access the Services or order Reports for improper, illegal or unauthorized purposes, including on themselves, associates, or any other person except in the exercise of their official duties;
  • use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the Services;
  • access, tamper with, or use non-public areas of the Services, Turn’s computer systems, or the technical delivery systems of Turn’s affiliates;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive, or false source-identifying information; or
  • interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending virus, overloading, flooding, spamming, mail-bombing the Services, or using the Services in such a manner as to interfere with or create an undue burden on the Services.

4. Your Personal Information (“Information”)

4.1. Your Information is required to perform Services. Your Information also includes data from using our Sites our Services, which may include information you provide, publish or post to or through our Services (including any account information) or send to other users (including by in-application feedback, any email feature, or through any Turn-related social media posting). You consent to us using your Information to create an account that will allow you to access and use our Services. Our collection and use of your Information is as provided in our Privacy Policy located at www.turning.io/privacy.

4.2. IN CONSIDERATION OF YOUR USE OF TURN’S SERVICES YOU GRANT TURN A NON-EXCLUSIVE, WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE, TRANSFERABLE, SUB-LICENSABLE (THROUGH MULTIPLE TIERS) RIGHT AND LICENSE TO EXERCISE THE COPYRIGHT, PUBLICITY, AND DATABASE RIGHTS YOU HAVE IN YOUR INFORMATION, AND TO USE, COPY, PERFORM, DISPLAY AND DISTRIBUTE SUCH INFORMATION TO PREPARE DERIVATIVE WORKS, OR INCORPORATE INTO OTHER WORKS, OR INTO ANY MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN.

4.3. Turn does not assert any ownership rights over your Information; rather, as between you and Turn, you retain full ownership of all of your Information and any intellectual property rights or other rights associated with your Information.

4.4. Partners may invite you to submit a background check application to Turn for the purpose of procuring a consumer report for employment purposes. By submitting a background check application with Turn, you agree to create a Worker profile in the Worker Sourcing marketplace. You may direct Turn to connect with Partners on their behalf in order to be considered by Partners to provide services. Workers have access to the Sites to receive and review invitations to provide services to Partners and to determine their interest in and availability to respond to such requests. Partners may also invite you to be screened as a precondition to provide services. Only with your consent will your information be shared with Partners.

  • Independent Contractors. The Worker Sourcing platform provides an on-demand service that allows Partners to connect with Turn’s network of geographically distributed independent contractors. You understand and agree that: (i) you are not an employee of Turn; (ii) Turn is not required to provide you or with workers’ compensation insurance or other similar insurance coverage; and (iii) Turn does not, in any way, supervise, direct, or control services contracted by and between you and our Partners. Nothing in these Terms is intended to create any contractual relationship by and between you and Turn. Partner is the sole contracting party. In no event shall Turn be interpreted to be acting as your agent and/or attorney in fact.

5. Turn Communications

As consideration for using our Services, you consent to receive communications from us, including via email, text, facsimile, voice and push notifications, in order to keep you informed about the Services and Sourcing. You expressly consent to receive text messages, faxes, telephone calls or prerecorded messages generated by automatic telephone dialing systems or 
other technologies. SMS text messages are for informational purposes only. While messages and notifications are intended to enhance your use of the Services, you may (1) disable push notifications on your device, and/or (2) reply “STOP” to remove yourself from our text message database. Depending on your current carrier plan, you may incur charges for these messages and notifications and agree to not hold Turn liable for any charges incurred. You acknowledge that any terms between you and any third-party provider create no obligation or responsibility on the part of Turn, and that Turn is not responsible for any failure of warranty by any such third party. Turn cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.

5.1. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, CALLS, OR TEXTS TO YOUR MOBILE DEVICE OR DESKTOP COMPUTER, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS, TEXTS, OR CALLS AS A CONDITION OF USING THE SITE OR OUR SERVICES. IF YOU WANT TO OPT OUT OF ALL PROMOTIONAL EMAILS, TEXTS, OR CALLS TO YOUR MOBILE DEVICE OR DESKTOP COMPUTER(INCLUDING OPERATIONAL OR TRANSACTIONAL EMAILS, TEXTS, OR CALLS), YOU CAN UNSUBSCRIBE ENTIRELY OR SUSPEND YOUR ACCOUNT, BUT ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL EMAILS, TEXTS, OR CALLS MAY PREVENT YOUR USE OF OUR SERVICES.

5.2. You may be able to create or log-in to your Turn account through social networking accounts (each such account, an “SNS account”). You understand by connecting to Turn through an SNS account that we may access or store any SNS account content, or make it available to you or others, according to the permission settings of your SNS account (e.g., friends, mutual friends, contacts or following or followed lists (the “SNS content”). You understand that SNS content may be available on and through the Sites or our Services. By using the Services, you agree to comply with any applicable terms, conditions or requirements promulgated by any SNS provider.

6. Marketing Promotions and Referrals

6.1. Turn may, at its sole discretion, offer first- or third-party promotions on or through our Services or communications. We reserve the right to withhold or deduct benefits you may obtain through any such promotion if we determine or believe that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotional terms or these terms.

6.2. We may, from time to time, offer you incentives to refer new users to us. These incentives may come in many forms, and we may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in our sole discretion. Your participation in any referral program is subject to these terms and any additional referral program rules.

6.3. Turn may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, Turn may determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize Turn to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the Turn uses and retains your information, please read our Privacy Policy at www.turning.io.

7.DISCLAIMER

THE SITES, THE MATERIALS, ALL OTHER CONTENT ON OUR SERVICES OR MATERIALS PROVIDED BY TURN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TURN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALSO, WE MAKENO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF OUR SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF OUR SERVICES, OR THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TURN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITES, OUR SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION WITH YOUR USE OF OUR SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

7.1. UNLESS OTHERWISE PROVIDED IN WRITING, THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES. YOU AND OUR PARTNERS MAKE ANY DECISION TO ACCEPT OR OFFER CONTINGENT WORK. NO INDEPENDENT CONTRACTOR, EMPLOYER-EMPLOYEE, JOINT VENTURE, PARTNERSHIP, OR AGENCY RELATIONSHIP EXISTS BETWEEN AND AMONG YOU, TURN, OR OUR PARTNERS AS A RESULT OF THESE TERMS OR YOUR USEOF OUR SERVICES.

Turn logo

Platform built for managing the modern 1099 workforce

Made in ChicagoPBSA Logo

Policies

  • Terms of Use
  • Privacy Policy
  • Partner Agreement
  • Security
  • California Law

Resources

  • Integration
  • API Documentation

Contact Us

  • Support

  • Sales

  • Marketing


© 2020 Turn Technologies Inc.