Relación a Voluntad y Exclusividad de la Plataforma
Fecha de vigencia de esta sección: 23 de abril de 2026
Compromiso a voluntad
Todos los compromisos de Profesionales de Servicios con la plataforma The Toolbox Pro son a voluntad. Cualquiera de las partes puede terminar el compromiso en cualquier momento, con o sin causa, con o sin previo aviso.
Exclusividad de la plataforma para clientes potenciales generados por la plataforma
Cualquier cliente potencial generado a través de la plataforma The Toolbox Pro debe ser atendido exclusivamente a través de la plataforma durante el compromiso y durante 24 meses después de su última reserva en la plataforma con ese cliente.
Organizar o aceptar pagos por servicios a un cliente generado por la plataforma fuera de la plataforma ("elusión de la plataforma") constituye un incumplimiento material de estos Términos.
BYOD, Contractor Classification, Multi-State Compliance & Non-Retaliation
Effective date: April 23, 2026
Personal device use (BYOD)
Importantly, no company-issued hardware is required. BYOD use is permitted and governed by the GPS Tracking section of our Privacy Policy. Furthermore, The Toolbox Pro is not responsible for device wear, battery consumption, or data charges from app use. California W-2 employees may request a monthly BYOD stipend under Labor Code § 2802 by contacting hr@thetoolboxpro.com.
Independent contractor classification (1099) — all states
In fact, the Toolbox Pro is a marketplace platform. Specifically, for 1099 independent contractors, the platform:
- Does not control the means, methods, or manner of performing trade services;
- Does not impose a set schedule or minimum hours;
- Does not prohibit working for competing platforms or clients simultaneously;
- Does not penalize booking rejections beyond natural dispatch priority;
- Uses GPS exclusively for platform integrity and dispute resolution — not as a supervision or productivity tool over independent work.
Speed monitoring applies only to W-2 employees on company-owned vehicles, and has no application to 1099 contractors or personal vehicles. The platform acknowledges that states including California (AB5), Massachusetts, and New Jersey apply strict ABC tests for contractor classification. In fact, this policy is designed to remain within marketplace facilitation rather than employment control. Where a court or agency determines that a specific engagement constitutes employment, applicable employment law governs for that engagement.
W-2 compensable time (all states)
In addition, for W-2 employees: logged-in time without an active booking is not compensable work time under the FLSA or any applicable state wage law. In fact, the platform does not direct your activities, restrict movement, or require you to remain available or in any location during logged-in off-booking periods. Scheduled shifts and on-call arrangements are governed by your separate employment agreement.
Non-retaliation (all jurisdictions)
The Toolbox Pro will not retaliate against any Service Professional for:
- Exercising OS-level location permission controls;
- Logging out or enabling Offline status when not actively working;
- Submitting any privacy, data-correction, or data-deletion request;
- Raising wage, hour, or privacy concerns with HR or any government agency (California DFEH, California Labor Commissioner, NY DOLLS, WA L&I, federal DOL, NLRB, or any state equivalent); or
- Engaging in lawful off-duty activities protected by state law (e.g., NY Labor Law § 203-e).
Indeed, this commitment does not limit The Toolbox Pro's right to end at-will for independent, documented business reasons unrelated to the above.
Governing law and conflict of laws
Indeed, these Terms are governed by Arizona law for disputes arising within Arizona. Where a Service Professional performs work physically in another state, the employment, privacy, and contractor-classification laws of that state apply to that work. Contractual choice-of-law clauses cannot waive non-waivable statutory worker protections (e.g., California Labor Code, CCPA, AB5; New York Civil Rights Law § 52-C; Washington MHMDA). In any conflict between these Terms and an applicable non-waivable state-law protection, state law prevails for that protection.
These Terms reflect compliance with U.S. federal law and state law in Arizona, California, New York, Washington, Virginia, Colorado, Connecticut, Texas, Florida, and Massachusetts as of the effective date above. In fact, The Toolbox Pro recommends that Pros with specific legal questions consult an employment attorney licensed in their state. Nothing in these Terms constitutes legal advice.
At-Will Relationship and Platform Exclusivity
Effective date of this section: April 23, 2026. Indeed, all Service Professional engagements with The Toolbox Pro platform are at-will. Either party may end the engagement at any time, with or without cause, with or without notice, subject only to any advance-notice period specified in an individual Service Agreement between the parties.
Any customer lead generated through The Toolbox Pro platform. This includes Customers who discovered the Service Professional via the platform's website, booking flow, referral program, or partner portal, must be serviced exclusively through the platform for the duration of the engagement and for twenty-four months following the last platform booking between that Service Professional and that customer. Arranging or accepting payment for services to a platform-generated customer through any channel other than the platform, commonly referred to as platform bypass, constitutes a material breach of these Terms and may result in, without limitation: (i) immediate at-will termination of the Service Professional's account; (ii) withholding of pending payouts pending review; and (iii) pursuit of liquidated damages equal to the estimated platform fee on the bypassed revenue.
BYOD, Contractor Classification, Multi-State Compliance, and Non-Retaliation
Effective date of this section: April 23, 2026. Furthermore, The Toolbox Pro does not require Service Professionals to use company-issued hardware, and use of a personal smartphone is permitted. In fact, the platform is not responsible for device wear, battery consumption, or data charges arising from app use. California W-2 employees who are required to use a personal device for work activities are entitled to reasonable expense reimbursement under California Labor Code § 2802 and should contact hr@thetoolboxpro.com to request a monthly BYOD stipend.
In fact, the Toolbox Pro operates as a marketplace platform connecting customers with independent tradespeople. Specifically, for 1099 independent contractors, the platform does not control the means, methods, or manner of performing trade services; does not impose a set schedule or minimum hours; does not prohibit working for competing platforms or clients simultaneously; does not penalize booking rejections beyond natural dispatch priority adjustments; and uses GPS data exclusively for platform integrity and dispute resolution purposes and not as a supervision or productivity tool over the contractor's independent work. Speed monitoring applies only to W-2 employees operating company-owned vehicles and has no application to 1099 contractors, to W-2 employees using personal vehicles, or to any Pro using personal transportation. In fact, the platform acknowledges that California (AB5), Massachusetts, New Jersey. Other states apply strict ABC-test standards for contractor classification, and this policy is designed to remain within the scope of marketplace facilitation rather than employment control. Where a court, labor board, or administrative agency determines that a specific engagement constitutes employment under applicable law, that applicable employment law governs for that engagement.
In addition, for W-2 employees, logged-in time without an active booking is not compensable work time under the Fair Labor Standards Act or under the applicable wage law of any state. In fact, the platform does not direct your activities, restrict movement, or require availability or a specific location during logged-in off-booking periods. Scheduled shifts and on-call arrangements are governed solely by the applicable individual employment agreement and are not established or modified by these Terms.
In fact, the Toolbox Pro will not retaliate against any Service Professional for: exercising operating-system-level location permission controls; logging out or enabling Offline status when not actively working; submitting any privacy, data-correction, or data-deletion request; raising wage, hour, or privacy concerns with HR or any government agency including the California DFEH, the California Labor Commissioner's Office, the New York Department of Labor and Labor Standards, the Washington State Department of Labor and Industries, the federal Department of Labor, the National Labor Relations Board, or any state or federal equivalent; or engaging in lawful off-duty activities protected by applicable state law including New York Labor Law § 203-e. Indeed, this non-retaliation commitment does not limit The Toolbox Pro's right to end the at-will engagement for independent, documented business reasons that are unrelated to the foregoing protected activities.
Indeed, these Terms are governed by Arizona law for disputes arising within Arizona. Where a Service Professional performs work physically in another state, the employment, privacy, and contractor-classification laws of that state apply to that work. Contractual choice-of-law clauses do not and cannot waive non-waivable statutory worker protections, including but not limited to California Labor Code provisions, the CCPA and CPRA, California AB5, New York Civil Rights Law § 52-C. The Washington My Health MY Data Act. In any conflict between these Terms and a non-waivable state-law protection, state law prevails for that protection.
These Terms reflect compliance with applicable U.S. federal law and the laws of Arizona, California, New York, Washington, Virginia, Colorado, Connecticut, Texas, Florida. Massachusetts as of the effective date stated above. Furthermore, The Toolbox Pro recommends that any Service Professional with specific questions about their rights under the law of any state consult an employment attorney licensed in the relevant state. Nothing in these Terms constitutes legal advice.
