TERMS & CONDITIONS

Last Updated: October 2025

This Agreement (“Terms”) governs access to and use of the Fork’d Up platform (“Service”), owned and operated by Fork’d Up LLC, a wholly owned subsidiary of Summa Holdings Inc., a United States corporation (“Company,” “we,” “us,” or “our”). 

By accessing or using the Service, you agree to these Terms. If you disagree, you must not access or use Fork’d Up.

1. Nature of the Platform 

Fork’d Up provides a digital connection tool that allows:

• Businesses to identify and connect with
  
  

• Hospitality professionals (“Workers”)
  
  

For potential, on-demand, or future engagements.
Fork’d Up does not employ, contract, vet, or control any Worker or Business, and is not a party to any transaction or relationship between users. 

Fork’d Up is a software platform, not a staffing agency, employer, contractor, broker, or labor intermediary.

2. Ownership 

The Fork’d Up platform, brand, content, and technology are the exclusive property of Summa Holdings Inc. and operated by Fork’d Up LLC as its subsidiary. All intellectual property is protected under U.S. federal copyright and trademark law.

3. No Guarantee of Work or Labor

’d Up provides no guarantee of:

• Employment, contract, or engagement for any Worker, or
  
  

• Worker reliability, performance, or availability for any Business.
  
  

The platform functions solely as a connection service. Use of the Service creates no employment, partnership, or agency relationship between Fork’d Up, Summa Holdings, and its users.

4. User Responsibilities: 

Workers agree to:

• Represent skills, certifications, and experience truthfully.
  
  

• Comply with all federal, state, and local labor, tax, and immigration laws.
  
  

• Accept that all engagements are at-will and voluntary between parties.
  
  

Businesses agree to:

• Verify worker eligibility, qualifications, and credentials.
  
  

• Maintain compliance with all U.S. labor, wage, and tax laws.
  
  

• Assume full responsibility for workplace safety, insurance, and compensation.
  
  

Fork’d Up does not control, audit, or guarantee the actions of either party.

5. Payments & Subscriptions

• Workers: $6.99/month
  
  

• Businesses: $49.99/month
  
  

• Both include a 14-day free trial (first-time users only).
  
  

• Subscriptions renew automatically through Stripe unless canceled before the renewal date.
  
  

• All payments are non-refundable, even in cases of non-use or dissatisfaction.
  
  

• Fork’d Up is not responsible for direct payments between Businesses and Workers.
  
  

6. Platform Access & Termination

. Up may suspend, terminate, or limit access at any time for violation of these Terms, fraudulent activity, or legal noncompliance.
Users may cancel subscriptions at any time; service remains active until the end of the billing cycle.

7. Disclaimers of Warranty. 

The Service is provided “AS IS” and “AS AVAILABLE.”
Fork’d Up and Summa Holdings make no representations or warranties, express or implied, including but not limited to:

• Merchantability, fitness for a particular purpose, or reliability.
  
  

• Continuous, error-free, or virus-free operation.
  
  

• Accuracy of listings or user information.
  
  

You can assume all the risks that arise from using the platform.

8. Limitation of Liability

the fullest extent permitted by law, Fork’d Up LLC, Summa Holdings Inc., and their officers, directors, employees, affiliates, and contractors shall not be liable for any:

• Personal injury or property damage;
  
  

• Loss of income, opportunity, or reputation;
  
  

• Misrepresentation, fraud, or misconduct by users;
  
  

• Cross-border disputes, including U.S.–Mexico transactions;
  
  

• Technical interruptions, data loss, or unauthorized access;
  
  

• Any indirect, incidental, or consequential damages of any kind.
  
  

In all cases, total liability shall not exceed the amount paid by you to Fork’d Up in the prior 12 months, if any.

9. Release of Claims 

You agree to release and hold harmless Fork’d Up LLC, Summa Holdings Inc., and their affiliates from all known and unknown claims arising from disputes between Workers and Businesses, including injuries, payments, or alleged violations of labor law.

10. Indemnification

agree to defend, indemnify, and hold harmless Fork’d Up LLC, Summa Holdings Inc., their affiliates, officers, and employees against all claims, damages, costs, and legal fees arising from:

• Your use or misuse of the Service;
  
  

• Violation of these Terms;
  
  

• Violation of law or third-party rights.
  
  

This indemnity survives account termination.

11. Cross-Border Use & International Compliance: 

The Service is operated from the United States and may be accessible in other countries, including Mexico.
Users are solely responsible for ensuring compliance with local employment and data laws.
Fork’d Up as appropriate or lawful outside the United States.

12. Governing Law & Jurisdiction: 

These Terms are governed by the laws of the United States of America and the laws of the state where Fork’d Up LLC is organized, without regard to conflicts of law principles. 

Disputes shall be resolved exclusively through binding arbitration under the Federal Arbitration Act (FAA) in the United States.
Each user waives any right to class actions or public court proceedings. 

If arbitration is not enforceable, jurisdiction shall reside in the U.S. District Court for the Central District of California, and these Terms shall remain valid in all 50 states.

13. No Class Actions. 

All disputes must be brought individually.
Users waive any right to participate as a plaintiff or member in any class, collective, or representative action against Fork’d Up LLC or Summa Holdings Inc.

14. Intellectual Property. 

All names, logos, software, and materials associated with Fork’d Up are the exclusive property of Summa Holdings Inc. Unauthorized reproduction or distribution is prohibited and may result in civil and criminal penalties.

15. Data, Communications & Privacy 

Fork’d Up uses:

• Stripe for payment processing,
  
  

• SendGrid for email delivery,
  
  

• Twilio for text messaging (pending approval).
  
  

Using the platform, you consent to receive transactional emails and SMS alerts. You may opt out of non-essential messages at any time.

16. Entire Agreement. 

These Terms constitute the entire agreement between you and Fork’d Up LLC and supersede all previous communications or understandings.

17. Contact: 

For questions or concerns, please contact:
📧 support@getforkdup.com — Worker & Business Help
📧 billing@getforkdup.com — Subscription/Billing
📧 partnerships@getforkdup.com — Sponsorships & Affiliates