Terms of Service | DishwasherHero+

1. Acceptance of Terms

By accessing or using DishwasherHero+ ("Company," "we," "our," or "us") services, website, mobile applications, or any related platforms (collectively, the "Services"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Description of Services

DishwasherHero+ provides an on-demand hospitality staffing platform connecting businesses with verified, pre-screened workers for back-of-house and front-of-house positions. Our Services include:

Worker matching and scheduling
Payment processing and payroll services
Workers' compensation and liability insurance coverage
Background verification and compliance management
In-app communication and shift management tools
Enterprise staffing solutions and custom integrations

Available positions include, but are not limited to: dishwashers, busboys, kitchen helpers, and commercial cleaners.

3. Employment Classification

Important: DishwasherHero+ offers a hybrid employment model that provides flexibility for both workers and businesses while ensuring full compliance with labor laws.

3.1 Employment Options

Workers engaged through DishwasherHero+ may be classified as either:

W-2 Employees: Full tax withholding, workers' compensation coverage, and employer-provided benefits. Ideal for workers seeking stability and businesses requiring traditional employment relationships.
1099 Independent Contractors: Greater flexibility and higher take-home pay per hour. Workers manage their own taxes and have more control over their schedule. Available where legally permitted.

The employment classification is determined based on the nature of the engagement, local regulations, and the preferences of both the worker and the business. All workers, regardless of classification, are covered by our liability insurance while on shift.

3.2 United States - W-2 Employees

For W-2 engagements in the United States, DishwasherHero+ (or its designated employer of record) is responsible for:

Withholding and remitting federal, state, and local income taxes
Paying employer portions of FICA (Social Security and Medicare)
Federal and state unemployment insurance (FUTA/SUTA)
Issuing W-2 forms for annual tax filing
Maintaining I-9 employment eligibility verification records
Workers' compensation insurance coverage

3.3 United States - 1099 Contractors

For 1099 engagements, workers are responsible for their own tax obligations. DishwasherHero+ provides 1099-NEC forms for annual tax filing. All 1099 contractors are still covered by our general liability insurance while on shift.

3.4 Canada

In Canada, workers are primarily classified as employees under applicable provincial and federal employment standards. DishwasherHero+ handles all employer obligations including:

Canada Pension Plan (CPP) or Quebec Pension Plan (QPP) contributions
Employment Insurance (EI) premiums
Provincial health tax remittances where applicable
Issuing T4 slips for annual tax filing
Compliance with Canada Revenue Agency (CRA) and Revenu Québec requirements
Workers' compensation (CNESST in Quebec, WSIB in Ontario, etc.)

Independent contractor arrangements may be available in certain provinces where regulations permit and where the nature of the work qualifies.

4. User Accounts

4.1 Account Creation

To use our Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Business Accounts

Businesses must provide valid company information, including legal business name, address, tax identification numbers, and authorized contact information. You represent that you have authority to bind your organization to these Terms.

4.3 Worker Accounts

Workers must provide accurate personal information, work authorization documents, and consent to background verification. Workers must maintain current contact information and respond to communications in a timely manner.

5. Business Responsibilities

Businesses using our platform agree to:

Provide a safe working environment compliant with OSHA (US) or provincial occupational health and safety regulations (Canada)
Comply with all applicable federal, state/provincial, and local labor laws
Provide accurate shift requirements, job descriptions, and work locations
Ensure adequate supervision of assigned workers
Pay for services as agreed within specified payment terms
Treat workers with respect and professionalism
Provide required breaks and meal periods as mandated by law
Not solicit or directly hire DishwasherHero+ workers without authorization
Provide timely and accurate feedback through our rating system

6. Worker Responsibilities

Workers using our platform agree to:

Provide accurate personal information and valid work authorization documents
Consent to and pass required background verification checks
Arrive on time and complete assigned shifts as scheduled
Maintain professional conduct and appearance
Follow business policies, instructions, and safety protocols
Report any workplace issues, injuries, or concerns promptly
Not accept payment directly from businesses outside of our platform
Maintain confidentiality of business information
Notify us promptly of any changes to work eligibility status

7. Payment Terms

7.1 Payment Processing

All payments are processed securely through our external booking system using PCI-DSS Level 1 compliant payment processors.

7.2 Commission Structure

DishwasherHero+ charges a commission on staffing services based on your account tier:

Basic: 15% commission on worker wages
Partner: 9% commission on worker wages
Enterprise: 7-8% commission (custom pricing available)

Commission covers payroll processing, tax administration, insurance, compliance, and platform services. See our Pricing page for complete details.

7.3 Payment Timing

Businesses are billed according to their account terms (weekly, bi-weekly, or net-30 for Enterprise accounts). Late payments may incur a 1.5% monthly finance charge and may result in service suspension.

7.4 Worker Payments

Workers are paid via direct deposit within 2-3 business days after shift completion. Same-day payment options may be available for an additional fee.

8. Cancellation and No-Show Policy

8.1 Business Cancellations

Cancellation fees are based on account tier and timing:

24+ hours notice: No fee
12-24 hours notice: 25% of shift value
Same-day cancellation (under 12 hours):
- Basic accounts: $35 fee
- Partner accounts: $15 fee
- Enterprise accounts: As per contract terms

8.2 Worker No-Shows

Worker no-shows are taken seriously. We maintain high fill rates and will make every effort to provide replacement workers. Chronic no-show workers may be removed from our platform.

9. Insurance Coverage

All workers deployed through DishwasherHero+ are covered by comprehensive insurance:

Workers' Compensation: Coverage for work-related injuries or illnesses as required by law
General Liability: $2 million per occurrence / $5 million aggregate coverage
Professional Liability: Coverage for errors and omissions

Certificates of insurance are available upon request. Contact insurance@dishwasherhero.com for documentation.

10. Background Verification

All workers undergo comprehensive background verification including:

Identity verification
Criminal background check (federal and state/provincial)
Work authorization verification
Reference verification for experienced positions

Background checks are conducted in compliance with the Fair Credit Reporting Act (FCRA) in the US and applicable provincial privacy legislation in Canada.

11. Communication Terms

By using our Services, you consent to receive communications from DishwasherHero+ including:

SMS/text message notifications for shift updates, confirmations, and payments (via Twilio)
Email communications regarding your account, shifts, and platform updates
In-app notifications and messages
Phone calls for urgent matters

Standard message and data rates may apply. You may opt out of non-essential communications by adjusting your notification preferences.

12. Ratings and Reviews

Our platform uses a mutual rating system where businesses rate workers and workers rate businesses after each shift. Ratings are used to:

Improve matching quality
Maintain platform standards
Identify training opportunities
Address performance concerns

Users may dispute ratings by contacting our support team within 7 days of the rating being posted. False or malicious ratings are prohibited and may result in account suspension.

13. Intellectual Property

All content, trademarks, logos, software, and technology on our platform are owned by DishwasherHero+ or our licensors. You may not copy, modify, distribute, sell, or create derivative works from our materials without express written permission.

By submitting content to our platform (reviews, feedback, suggestions), you grant us a non-exclusive, royalty-free license to use, modify, and display such content in connection with our Services.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISHWASHERHERO+ AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD / $100 CAD).

We do not guarantee specific results, worker availability, or uninterrupted service. Our platform is provided "as is" and "as available."

15. Indemnification

You agree to indemnify, defend, and hold harmless DishwasherHero+ and its affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

Your violation of these Terms
Your use of our Services
Your violation of any third-party rights
Any content you submit to our platform

16. Termination

We may suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any conduct that we deem harmful to our platform, users, or business.

You may close your account at any time by contacting us at support@dishwasherhero.com. Outstanding balances must be settled prior to account closure.

17. Dispute Resolution

17.1 United States

Any dispute arising from these Terms or your use of our Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Arbitration shall take place in the state where the services were rendered or remotely via video conference.

CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

17.2 Canada

For Canadian users, disputes shall be resolved through arbitration administered by the Canadian Arbitration Association (CAA) or ADR Institute of Canada. For users in Quebec, the provisions of the Quebec Civil Code and Consumer Protection Act shall apply where mandatory.

18. Governing Law

18.1 United States

For US users, these Terms shall be governed by and construed in accordance with the laws of the state where services are rendered, without regard to conflict of law principles.

18.2 Canada

For Canadian users, these Terms shall be governed by and construed in accordance with the laws of Quebec and the federal laws of Canada applicable therein. Users in other provinces may be subject to additional provincial consumer protection legislation.

19. Non-Solicitation

Businesses agree not to directly solicit, recruit, or hire any DishwasherHero+ worker for a period of six (6) months following their last shift through our platform without prior written consent. Violations may result in a placement fee equal to 25% of the worker's first-year compensation.

20. Modifications to Terms

We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be communicated via email or in-app notification at least 30 days prior to taking effect. Your continued use of our Services after changes become effective constitutes acceptance of the revised Terms.

21. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

22. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Enterprise Service Agreements, constitute the entire agreement between you and DishwasherHero+ regarding your use of our Services.

23. Contact Information

For questions about these Terms of Service, please contact us at:

DishwasherHero+
Email: legal@dishwasherhero.com
General Support: support@dishwasherhero.com
Phone: +1 888-601-1615
Address: 1000 de la Gauchetière W, Montreal, QC H3B 4W5, Canada