Roamler Contributors' Terms of Use
Welcome to Roamler App ("Roamler"), a platform that helps leading brands check their products and services in supermarkets, cinemas, bars, restaurants, and petrol stations by paying contributors ("Contributors") to execute tasks and getting paid for it.
This Contributor's Agreement sets forth the terms and conditions under which Contributors will provide services to Roamler and get paid for it. Please read the Agreement carefully prior to accepting, using or accessing Roamler.
By using and accessing the platform, you acknowledge and agree to be bound by this Agreement.
Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes.
1. Scope
These Contributors' Terms of Use (these "Terms") govern your registration as, and performance of Tasks as, a Roamler Contributor. Each time you accept a Task, the Task terms together with these Terms form an Agreement between you and Roamler America Inc.
1.1 Definitions
- "Roamler," "we," "us" means Roamler America Inc., a Delaware corporation, 8 The Green, STE B, Dover, DE 19901, United States, operator of the Roamler platform.
- "Contributor," "you" means the natural person who registers an Account and may accept Tasks as an independent contractor.
- "App" means Roamler's mobile application through which Tasks are made available; "Site" means Roamler's websites.
- "Task" means a discrete work assignment (such as a retail audit, in-store check, or photo submission) offered through the App, including its result specifications, quality requirements, and stated fee.
- "Submission" means all photos, answers, documents, text, and other data you provide in performing a Task.
- "Client" means the Roamler customer for whose benefit a Task is performed.
- "Agreement" means the contract formed each time you accept a Task, consisting of the Task terms and these Terms.
2. Eligibility and Account
You certify that you: (a) are at least 18 years old; (b) reside in the United States in a state where Roamler offers Tasks; (c) are legally authorized to perform work in the United States; and (d) have the legal capacity to enter into this Agreement.
2.1 Service Availability. Tasks are offered in all US states. Roamler may add or remove available states at any time. Registration from any US state is permitted, but Tasks are only visible and acceptable in available states.
2.2 One Account Per Person. Account sharing and manipulation of GPS location are prohibited and are grounds for immediate termination.
2.3 Account Security. You are responsible for the confidentiality and security of your Account and for all activity under it.
2.4 Account Verification. Registration requires verification of the mobile phone number you provide, by means of a one-time code sent to that number by SMS. See Section 13.
2.5 Termination. You may deactivate your Account at any time without reason. Roamler may suspend or terminate your Account immediately in case of fraud, abuse, or material breach of this Agreement.
3. No Guarantee of Tasks
Roamler makes no representation or warranty of volume of tasks. Roamler makes no promise as to the number, frequency, value, or availability of Tasks, and you acknowledge that income from Tasks is not, and is not intended to be, a source of income you depend on.
3.1 The App is a platform through which Roamler offers Tasks that you are free to accept or decline.
3.2 You may accept a Task at any time through the App. You may cancel an accepted Task at any time before submission. Each accepted Task ends when it is submitted and reviewed or cancelled.
3.3 You must not reproduce, reverse engineer, scrape, or build a competing product from the App, and must not collect personal data through the App for any purpose other than performing Tasks.
4. Independent Contractor Status
You are an independent contractor, and not an employee, agent, partner, joint venturer, franchisee, or fiduciary of Roamler or of any Client. Nothing in this Agreement creates an employment, partnership, joint venture, agency, franchise, or fiduciary relationship between you and Roamler. You have no authority to bind Roamler or act on its behalf, and will not represent otherwise to any Client or other third party.
4.1 You will perform each Task in a professional, lawful, and workmanlike manner, consistent with the Task's stated specifications.
4.2 You are exclusively in control of the time, place, manner, and method by which you perform Tasks, subject only to the applicable Task's stated result requirements and deadline. Task descriptions specify only the desired outcome and applicable quality and deadline requirements; they do not constitute instructions, direction, or supervision of the kind an employer gives an employee, and Roamler does not supervise or direct your work.
4.3 You will provide, at your own expense, all equipment necessary to perform Tasks, including your smartphone and transportation.
4.4 You may perform work for others, including competitors of Roamler, at any time. This Agreement does not require exclusivity.
4.5 You may engage qualified third parties to assist in performing a Task, provided you remain fully responsible for compliance with this Agreement and for the quality of the result.
4.6 You are not entitled to any benefits that Roamler or a Client provides to its employees, including health insurance, retirement benefits, paid leave, workers' compensation, or unemployment insurance. Roamler will not withhold or remit income tax, social security, Medicare, or unemployment tax on your behalf.
4.7 Roamler determines acceptance of a Task's result through its quality review. The risk that a Submission fails to meet the Task's stated requirements rests with you: a rejected Submission will not be paid, and the review outcome will be communicated to you through the App.
5. Fees and Payment
The fee stated in the App for a Task is the full compensation for that Task ("Fee"). Fees are stated in US dollars and are exclusive of any taxes, which are your responsibility.
5.1 Fees for approved Submissions are paid via a payment processor designated by Roamler, to the account you register with that processor, within 15 days after approval of your Submission. You must maintain a valid account in your own name with the designated payment processor; that processor's own terms of service apply to your receipt of funds. Roamler does not charge you a fee for payouts; the payment processor may apply its own charges.
5.2 Payouts are made when your approved balance reaches at least $10. You may request payout of a smaller balance upon Account closure.
5.3 If Roamler is unable to deliver payment because your payment details are missing or invalid, Roamler will notify you and hold the balance. Unclaimed balances are handled in accordance with applicable state unclaimed-property law.
5.4 Roamler retains the right to correct payments made in error and may set off amounts you owe Roamler against Fees payable to you, to the extent permitted by law.
6. Taxes
Contributor is solely responsible for all federal, state, and local taxes on Fees, including income tax and self-employment tax. Roamler is not responsible to withhold, collect, report, or remit any taxes on your behalf, except for information reporting required by law.
6.1 Fees are settled through a third-party payment processor, which may perform any tax information reporting required in connection with Fees (including IRS Form 1099-K) in place of Roamler. Fees paid to you are taxable income whether or not you receive a Form 1099-K, Form 1099-NEC, or any other information return.
6.2 You will promptly provide Roamler a completed IRS Form W-9, or such other tax documentation as Roamler may reasonably request. Roamler may withhold payment of Fees, or suspend payouts, until it receives the tax documentation necessary to satisfy its reporting obligations.
7. Intellectual Property
Upon payment of the Fee, you assign to Roamler all right, title, and interest in and to your Submissions, including copyright, to the fullest extent permitted by law, and waive any moral rights to the extent permitted. Roamler may use, modify, and commercialize Submissions in any form.
7.1 You represent that your Submissions are your own original work, are accurate, and do not infringe any third party's rights.
7.2 The App, the Site, and all Roamler and Client materials remain the exclusive property of Roamler or its licensors.
8. Confidentiality and Conduct
"Confidential Information" means Task descriptions, Client identities and Client-specific information, unpublished Task specifications, quality criteria, pricing, and any other non-public information you receive, observe, or otherwise have access to through the App or in connection with a Task. You will hold all Confidential Information in strict confidence, will not disclose it to any third party, and will not use it for any purpose other than performing the applicable Task, exercising at least the same degree of care you use to protect your own confidential information, and in no event less than a reasonable degree of care.
8.1 Confidential Information does not include information that: (a) is or becomes generally available to the public through no act or omission on your part; (b) was already known to you, without an obligation of confidentiality, before Roamler disclosed it; (c) you rightfully receive from a third party who, to your knowledge, owes no duty of confidentiality with respect to it; or (d) you are required to disclose by law, regulation, or court order, provided that, where legally permitted, you give Roamler prompt notice so Roamler may seek a protective order or other appropriate relief.
8.2 Your obligations under this Section survive termination of your Account and this Agreement, and continue for as long as the relevant Confidential Information remains a trade secret or is otherwise protectable under applicable law. Upon Roamler's request following termination of your Account, you will delete or return all Confidential Information in your possession or control.
8.3 You will perform Tasks lawfully, safely, and respectfully; will comply with store policies and posted rules at Task locations; and will not represent, or permit any third party you engage under Section 4.5 to represent, that you are an employee or agent of Roamler or of any Client.
8.4 If you become aware of a possible security incident or data breach involving Task data or other Confidential Information, you will notify Roamler without undue delay, and in any event within 48 hours of becoming aware, at security@roamler.com, and will reasonably cooperate with Roamler's investigation and remediation efforts. You will not, without Roamler's prior written consent, notify any Client, regulator, or other third party, or make any public statement, regarding the incident, except: (a) as required by applicable law, regulation, subpoena, or court or governmental order, in which case you will give Roamler reasonable advance notice where legally permitted; or (b) to report a suspected violation of law to a government agency or regulator, a right you retain notwithstanding anything in this Agreement.
8.5 You acknowledge that a breach of this Section may cause Roamler or a Client irreparable harm for which monetary damages would be an inadequate remedy, and that Roamler and any affected Client are entitled to seek injunctive or other equitable relief, in addition to any other remedy available at law, without the necessity of posting a bond.
9. Disclaimers; Limitation of Liability; Indemnity
The App and Site are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, Roamler disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the App or Site will be uninterrupted, timely, secure, or error-free.
9.1 Assumption of Risk. You perform Tasks at your own risk. You are solely responsible for maintaining any insurance appropriate to your performance of Tasks, including vehicle insurance where relevant. Roamler is not responsible for any injury, loss, or damage you incur in connection with a Task, except to the extent caused by Roamler's gross negligence or willful misconduct.
9.2 Limitation of Liability. To the maximum extent permitted by law, and except for claims for bodily injury, death, or damage to tangible property arising from Roamler's negligence, Roamler's aggregate liability arising out of or related to this Agreement will not exceed the greater of (a) the total Fees paid to you in the six (6) months preceding the claim, or (b) $500. Roamler is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages. These limitations apply regardless of the legal theory on which a claim is based, whether in contract, tort, strict liability, or otherwise, but do not apply to liability arising from Roamler's gross negligence, willful misconduct, or fraud, to bodily injury, death, or property damage caused by Roamler's negligence, or to any other liability that cannot be limited under applicable law.
9.3 Indemnification. You will defend, indemnify, and hold harmless Roamler, its Clients, and each of their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your performance of, or failure to perform, a Task, (b) your Submissions, or (c) your breach of this Agreement or violation of applicable law, in each case except to the extent arising from Roamler's own negligence, gross negligence, or willful misconduct.
10. Dispute Resolution and Class Action Waiver
Please read this Section carefully. It affects your legal rights.
10.1 Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to this Agreement, the App, Tasks, Fees, or your classification as an independent contractor shall be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
10.2 Class Action Waiver. Arbitration shall be conducted on an individual basis only. Neither you nor Roamler may bring or participate in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate more than one person's claims. You and Roamler each waive the right to a trial by jury.
10.3 Exceptions. Either party may (a) bring an individual claim in small-claims court; and (b) seek injunctive relief in court to protect intellectual property or confidential information. This Section does not waive claims that cannot be waived as a matter of law, including, where applicable, non-individual claims under the California Private Attorneys General Act to the extent such waiver is unenforceable.
10.4 Fees and Venue. Roamler will pay all arbitration fees and costs that exceed the filing fee you would pay in court. Arbitration will take place in the county of your residence, or remotely by videoconference at your election.
10.5 Opt-Out Right. You may opt out of this arbitration agreement, without any adverse effect on your Account, by emailing USsupport@roamler.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration.
10.6 Severability of Waiver. If the class action waiver is found unenforceable as to a particular claim, that claim, and only that claim, shall proceed in court, and the remainder shall be arbitrated.
11. Miscellaneous Provisions
11.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding of any kind.
11.2 Notice. All notices, demands, requests and replies shall be in writing and shall be deemed given when delivered in person or sent first class, postage pre-paid, US Registered Mail, or electronic mail as follows: Roamler America Inc., 8 The Green, STE B, Dover, DE 19901, United States and/or USsupport@roamler.com.
11.3 Force Majeure. Neither party shall be in default by reason of failure or delay in performance, except for Customer's payment obligations, where such failure or delay is due to any cause beyond reasonable control.
11.4 Survival. All provisions of this Agreement which by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, and limitations of liability.
11.5 Severability. If any provision herein is deemed unenforceable, the remaining provisions shall remain in full force and effect.
11.6 Assignability. Contributor may not assign this Agreement in whole or in part without Roamler's consent. Roamler may assign this Agreement freely, including but not limited to an affiliate within the Roamler group.
11.7 Amendment. Roamler may amend these Terms with notice through the App or by email; amendments apply to Tasks accepted after the effective date of the change. The version in force when you accept a Task governs that Task.
11.8 Governing Law. This Agreement is governed by the laws of the State of Delaware and applicable federal law of the United States, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 10. Where the law of your state of residence grants you non-waivable rights or remedies, nothing in this Agreement limits those rights.
11.9 Choice of Law, Jurisdiction, and Venue. To the extent any dispute is not subject to arbitration under Section 10, this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-laws principles, and the parties irrevocably submit to the exclusive jurisdiction of the state courts located in the State of Delaware and, where federal jurisdiction exists, the United States District Court for the District of Delaware.
11.10 Interpretation. Headings are for reference only and do not affect the meaning or interpretation of this Agreement. This Agreement shall not be interpreted more strictly against either party merely because that party drafted it.
12. Data Protection
Roamler America Inc. collects and uses personal information about Contributors as described in the Roamler Contributors' Privacy Notice, which is incorporated into this Agreement by reference. Roamler America Inc. and Roamler B.V., our Netherlands-based affiliate that designs and operates the platform underlying the App and Site, act as joint controllers of that personal information within the meaning of Article 26 of the GDPR, to the extent the GDPR applies. Roamler America Inc. determines the purposes of that processing and maintains the direct relationship with Contributors; Roamler B.V. determines the material elements of how that processing is carried out through the platform. Roamler America Inc. is your primary point of contact for exercising your privacy rights, including any Data Subject Request; see the Privacy Notice for further detail.
13. SMS / Text Messaging — Roamler Phone Verification
13.1 Program name and description. The program is called Roamler phone verification (SMS). It is a one-time-passcode program used to confirm that the mobile phone number you entered belongs to you. Roamler phone verification (SMS). By entering your phone number and tapping "Send code", you agree to receive a one-time verification code from Roamler. Message frequency: 1 message per verification request. Message and data rates may apply. Reply HELP for help or contact support@roamler.com. Reply STOP to opt out.
13.2 Consent and opt-in. You opt in by entering your mobile phone number in the Roamler App and tapping "Send code". Consent to receive verification messages is not a condition of any purchase. Roamler does not send marketing, promotional, or recurring messages under this program.
13.3 Message frequency. 1 message per verification request. A message is only sent when you request a code.
13.4 Cost. Roamler does not charge you for these messages. Message and data rates may apply, according to your mobile carrier's plan.
13.5 HELP. Reply HELP to any message for help, or contact support@roamler.com.
13.6 STOP. Reply STOP to any message to opt out. After you reply STOP you will receive one confirmation message and no further messages. If you opt out, you will not be able to complete phone verification; you can opt back in by requesting a new code in the App.
13.7 Carriers. Carriers are not liable for delayed or undelivered messages. Delivery is subject to your carrier's network and the availability of your device.
13.8 Supported devices. The program requires a mobile phone that can receive SMS text messages.
13.9 Privacy. Roamler uses your mobile phone number solely to send a one-time verification code. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. See Section 4 of the Privacy Notice.