Last Updated on: August 30th, 2022

Please read these Pay Guarantee Program Terms and Conditions (these “Pay Guarantee Terms”) carefully as they contain important information about your legal rights, remedies and obligations regarding the Pay Guarantee Program. By clicking “I accept” or signing up for the Pay Guarantee Program, you agree to be bound by these Pay Guarantee Terms.

1. Definitions

• "Approved Area" means a geographical area in which Solo offers and you are registered for the Services.
• "Guarantee Credits" means a credit on the Services that is redeemable for a duration of Guarantee Period.
  
• "Guarantee Period" means a particular period during which you commit, on the Services, to Work for specific supported gig platform and for which Solo guarantees you will earn a particular amount for performing Work on those supported gig platform, subject to the terms and conditions hereof, as part of the Pay Guarantee Program.
  
• "Guaranteed Earnings" means the amount that the Predictive Algorithm predicts you will earn if you Work on theScheduled Platforms during the Guarantee Period.
  
• "Job" means a trip, delivery, order or other earning activity on a supported gig platform within an Approved Area.
  
• "Pay Guarantee Program" means the program under which Solo guarantees the predictive functionality of the Predictive Algorithm by: (i) guaranteeing that users who participate in such program will earn at least the amount of money that Solo’s predictive analytics algorithm predicts if the user Works on certain supported gig platforms during a specific period of time and meet the criteria set forth in these Pay Guarantee Terms; and (ii) paying users the difference between the amount you actually earn form performing Work on such supported gig platforms and the amount you were predicted to earn during such period of time if the guarantee is not met.
  
• "Predictive Algorithm" means predictive analytics algorithm for predicting how much a gig worker will earn if they Work on certain supported gig platforms.
  
• "Scheduled Platforms" means the supported gig platforms on which you commit to Work during the Guarantee Period as identified in connection with your committing toWork during the Guarantee Period.
  
• "Work" means logging onto and accepting, selecting, and completing Jobs.
  
• "Your Earnings" means the amount you earned for your Work on the Scheduled Platforms during the Guarantee Period as calculated in Section 3.
  

2. The Guarantee

Subject to the terms and conditions herein, including your meeting the applicable eligibility criteria set forth herein, Solo guarantees that Your Earnings will meet or exceed the Guaranteed Earnings if you Work on the Scheduled Platform during the applicable Guarantee Period for which you have redeemed Guarantee Credits (the“Payment Guarantee”). For purposes of the Payment Guarantee, as your sole remedy in the event that the Payment Guarantee is not met, Solo will pay you the difference between the Guaranteed Earnings and your actual earnings on the Scheduled Platforms (as evidenced by the information received by Solo from the gig platforms) during that Guarantee Period (such difference, the “Guarantee Payment Amount”).

3. Calculating Your Earnings

Your Earnings is calculated as the sum of all amounts that you earn for each Job on the Scheduled Platforms that you: (i) accept and begin during the Guarantee Period; and (ii) Work, and complete (as determined by the Scheduled Platform); provided for any Job that you accept during the Guarantee Period, but complete after thePayment Guarantee period, the amount earned by you for that Job will be prorated evenly across the period of time spent on that Job and only the amount corresponding to the period between your acceptance of the Job and the end of the Guarantee Period will be considered the amount earned by you for that Job for purposes of calculating Your Earnings.
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You must comply with all of the requirements and conditions in these Pay Guarantee Terms in order to be eligible for the Payment Guarantee or to receive payment of any GuaranteePayment Amount.

4. Participating in Pay Guarantee Program.

In order to be able to participate in and receive the benefit of the Pay Guarantee Program, you must:

• a) have an account on the Services;
• b)link your “app based”or “gig work” accounts on the supported gig platforms to the Service;
  
• c) have Guarantee Credits; and
  
• d) link a payment method (Venmo, PayPal or other) via the Solo application to facilitate pay out of any applicable Guarantee Payment Amounts.
  

5. Conditions to the Pay Guarantee.

a) Solo only makes the Payment Guarantee and you are only eligible to receive payment of any Guarantee Payment Amount if you:

• i) schedule a Guarantee Period and commit to Work on the Scheduled Platforms during the Guarantee Period;
• ii) redeem Guarantee Credits for the duration of the Guarantee Period;
• iii) opt in to and turn on the Services’ location tracking feature while you Work on the Scheduled Platforms during the Guarantee Period;
• iv) Work on the Scheduled Platforms during the Guarantee Period within the Approved Area;
• v) are online, accepting the majority of requests for Jobs and completing (according to the terms and conditions of the applicable Scheduled Platforms) the corresponding Jobs on Scheduled Platforms during the Guarantee Period;
• vi) complete at least one Job on the Scheduled Platforms (as determined by the Scheduled Platforms) during the Guaranteed hour; and
• vii) work the full hour with the Scheduled Platform (Guarantee Amount will be prorated if working time on Scheduled Platform is less than one hour).

In all cases, the onus will be upon you to demonstrate that you have complied with the foregoing conditions.
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b) Any the Payment Guarantee will be void and you will not receive any Guarantee Payment Amount, if you have misrepresented any facts or committed fraud or any other dishonest or deceptive act in connection with: (i) the use of our Services; (ii) your participation of Pay Guarantee Program; or (iii) any Work or performance of Jobs on the Scheduled Platforms during a Guarantee Period. Any such misrepresentation, fraud, dishonest or deceptive act by you, at any time, will result in denial of a payment of any Guarantee Payment Amount and immediate termination of your participation in the Pay Guarantee Program and these Pay Guarantee Terms as they relate to you.

c) You must cooperate with Solo, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that Solo or its designees may require or request to process the payment of any applicable Guarantee Payment Amount.

6. Guarantee Payment Process

• a) Solo will pay all Guarantee Payment Amounts for a given week (Monday at 12am Pacific to Sunday at11:59pm Pacific) to you within 7 business days in accordance with the payment method you select from the payout options on the Services (your “Payment Method”).
• b) You are solely responsible for providing Solo with all accurate, current, and complete information necessary to complete any payment ofGuarantee Payment Amounts to your Payment Method, and Solo will not be responsible or liable for any your failure to provide such information. All payments of Guarantee Payment Amounts will be made in U.S. dollars, unless otherwise agreed by Solo in writing.  

7. Guarantee Credits.

• To sign up for a Guarantee Period you must redeem the applicable quantity of Guarantee Credits Guarantee Credits to be redeemed for a Guarantee Period must be purchased prior to signing up for a Guarantee Period. Solo reserves the right to change the pricing or the duration of Guarantee Period redeemable for new Guarantee Credits at any time on a go forward basis. Guarantee Credits are not exchangeable, returnable, or refundable, including if you or Solo terminates your Account or your participation in the Pay Guarantee Program. You may not transfer, assign, or sell any Guarantee Credits that you purchase. GuaranteeCredits may only be redeemed for the duration of Guarantee Credit denoted at the time of your purchase of the Guarantee Credit.

8. Acknowledgements and Agreements by the Customer.

You acknowledge and agree that:

• a) The Pay Guarantee Program is not an insurance policy;
• b) These Pay Guarantee Terms are not intended to constitute an offerto insure, do not constitute insurance or an insurance contract, and do not take the place of any insurance obtained or obtainable by you; and
• c) The benefits provided under these Pay Guarantee Terms are solely as set forth in Section 2 and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.

9. Modifications or Termination of Pay Guarantee Terms

• a) To the extent permissible by applicable law in your jurisdiction,Solo reserves the right to modify or terminate the Pay Guarantee Program and these Pay Guarantee Terms, at any time, in its sole discretion.  If Solo modifies these Pay Guarantee Terms, we will post the modification on the Solo platform at www.worksolo.com/payguarantee. Solo will continue to process and pay all Guarantee Payment Amounts in accordance with the prior Pay GuaranteeTerms that accrue prior to the effective date of the modification.
• b) In addition to and without limiting Solo’s rights set forth above in the immediately preceding paragraph, Solo reserves the right to modify or terminate the Pay GuaranteeProgram or these Pay Guarantee Terms: (i) specifically as to you at any time and for any reason, including if you breach the Terms or these Pay GuaranteeTerms ; or (ii) generally or in any jurisdiction, at any time, in its sole discretion, including if: (A) these Pay Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (B) Solo is required to obtain a license or permit of any kind to continue to provide make available Pay Guarantee Program in any jurisdiction; or (C) Solo determines or a court or arbitrator holds that the provisions of these Pay Guarantee Terms or the Pay Guarantee Program violate applicable law.
  
• c) If Solo terminates the Pay Guarantee Program or these PayGuarantee Terms (other than for your breach hereof), Solo will process and pay all Guarantee Payment Amounts accruing prior to the effective date of termination unless such processing and payment is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority, but you will not be paid any Guarantee Payment Amounts thereafter.
  

10. Disclaimers and Limitations of Liability

EXCEPT AS EXPRESSLY SET FORTH HEREIN, SOLO MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE PREDICTIVE ALGORITHM, THE PAYMENT GUARANTEE PROGRAM, YOUR EARNINGS, GUARANTEED EARNINGS, OR ANY AMOUNTS YOU WILL EARN ONANY GIG WORKING PLATFORM. NOT WITHSTANDING ANYTHING IN THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY FOR YOUR FAILURE TO EARN ANY GUARANTEED EARNINGS, AND SOLO’S LIABILITY FOR ANY FAILURE TO MEET ANY PAYMENT GUARANTEE IS THE APPLICABLE GUARANTEED PAYMENT AMOUNT.
THE LIMITATIONS OF DAMAGES SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOLO AND YOU.

11. General Provisions

• a) These Pay Guarantee Program Terms form a part of and are incorporated into and are subject to the Terms of Use Agreement located at https://www.worksolo.com/terms-of-use (the “Terms”) and constitute Supplemental Terms thereunder. For clarity, any disputes arising under these Pay Guarantee Terms shall be subject to any dispute resolution provisions, including agreements to arbitrate in theTerms of Use Agreement. If these Pay Guarantee Terms are inconsistent with theTerms of Use Agreement, these Pay Guarantee Terms shall control with respect to the Pay Guarantee Program. Capitalized terms used, but not defined herein, shall have the meanings prescribed to them in the Terms of Use Agreement. ThesePay Guarantee Terms together with the Terms of Use Agreement constitute the entire and exclusive understanding and agreement between Solo and you regarding the Pay Guarantee Program, and supersede and replace any and all prior oral or written understandings or agreements between Solo and you regarding the Pay Guarantee.
  
• b) You may not assign or transfer any Pay Guarantee or these Pay Guarantee Terms, by operation of law or otherwise, except in connection with an assignment of the Terms of Use Agreement, which may only with the prior written consent of Solo. Any attempt by you to assign or transfer the Payment Guarantee or these Pay Guarantee Terms, without such consent, will be null and of no effect. Solo may assign or transfer the Guarantee or these Pay Guarantee Terms, at its sole discretion, without restriction. Subject to the foregoing, thesePay Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
  

12. Contacting Solo

If you have any questions about these Pay Guarantee Terms or if you would like a copy of these Pay Guarantee Terms, please email us at info@worksolo.com.