BARTYNDER
Terms of Service
Effective Date: June 16, 2025
Operated by Disgo, Inc.
These Terms of Service ("Terms") are a legal agreement between you and Disgo, Inc., a Delaware corporation ("Disgo," "we," "us," or "our"), governing your access to and use of the Bartynder platform, mobile application, website, and related services (collectively, the "Services"). Bartynder is a branded service operated by Disgo, Inc.
By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Who Can Use Bartynder
You must be at least 18 years of age to use the Services. By agreeing to these Terms, you represent and warrant that you are 18 or older and have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.
2. The Bartynder Platform
2.1 What Bartynder Does
Bartynder is an on-demand staffing marketplace that connects hospitality staffing professionals ("Staff Users") with venue operators and businesses seeking staffing support ("Operators"). Disgo, Inc. provides the platform technology and facilitates these connections but is not a staffing agency, employer of record, or party to any staffing engagement between Staff Users and Operators.
2.2 Licensed Operators
In some markets, Disgo licenses the Bartynder platform to venue operators under a separate licensing and operating agreement. Licensed Operators may manage their own staffing engagements through the platform. These Terms apply to all users of the Bartynder platform, including users accessing it through a Licensed Operator.
2.3 No Employment Relationship
Disgo, Inc. is not your employer. Staff Users who perform services through the Bartynder platform do so as independent contractors. Nothing in these Terms creates an employment, partnership, agency, franchise, joint venture, or fiduciary relationship between you and Disgo, Inc.
3. Accounts
3.1 Registration
To use the Services, you must create an account and provide accurate, current, and complete information. You are responsible for keeping your account information up to date.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at info@disgoapp.io if you suspect unauthorized access to your account. Disgo is not liable for any loss or damage arising from unauthorized account use due to your failure to secure your credentials.
3.3 One Account Per User
You may not create more than one account without our prior written permission. We reserve the right to suspend or terminate duplicate accounts.
4. User Conduct
You agree not to:
• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Misrepresent your identity, credentials, or qualifications
• Harass, threaten, or harm other users, Operators, or Disgo personnel
• Post false, misleading, or fraudulent information
• Circumvent the platform to conduct staffing engagements outside of Bartynder in order to avoid applicable fees
• Use automated tools, bots, or scraping technology on the platform without authorization
• Attempt to access systems or data you are not authorized to access
• Interfere with or disrupt the integrity or performance of the Services
Disgo reserves the right to suspend or terminate your account for any violation of these Terms.
5. Payments and Fees
5.1 Payment Processing
All payments through the Bartynder platform are processed by third-party payment processors. By using the payment features, you agree to the terms and conditions of the applicable payment processor. Disgo is not responsible for errors or failures by third-party payment processors.
5.2 Fee Structure
Applicable fees, if any, will be disclosed to you at the time of booking or account setup. Disgo reserves the right to modify its fee structure with reasonable notice to affected users.
5.3 Disputes
All payment disputes between Staff Users and Operators are primarily the responsibility of the parties to that engagement. Disgo may, at its discretion, assist in resolving disputes but is under no obligation to do so and is not liable for amounts owed between users.
6. SMS Communications
By providing your mobile phone number and using the Services, you consent to receive SMS text messages from Bartynder for operational purposes including shift confirmations, scheduling updates, and account notifications.
Message and data rates may apply. Message frequency varies. Reply STOP to opt out of SMS messages. Reply HELP for assistance. Opting out of SMS may affect your ability to receive time-sensitive operational communications through the platform. For questions, contact us at info@disgoapp.io.
We do not share your mobile phone number with third parties for their own marketing purposes. See our Privacy Policy for full details on how we handle your information.
7. Intellectual Property
7.1 Disgo's IP
The Bartynder name, logo, platform, software, content, and all related intellectual property are owned by or licensed to Disgo, Inc. These Terms do not grant you any ownership rights. You may not copy, modify, distribute, sell, or create derivative works from any Disgo intellectual property without our express written permission.
7.2 Your Content
You retain ownership of any content you submit to the platform (such as your profile information and reviews). By submitting content, you grant Disgo a non-exclusive, royalty-free, worldwide license to use, display, and distribute that content in connection with operating and improving the Services.
8. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DISGO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
DISGO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, OR CONDUCT OF ANY STAFF USER OR OPERATOR. ANY RELIANCE ON THE PLATFORM FOR STAFFING DECISIONS IS AT YOUR OWN RISK.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DISGO, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF DISGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISGO'S TOTAL LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO DISGO IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
10. Indemnification
You agree to indemnify, defend, and hold harmless Disgo, Inc. and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Services, your violation of these Terms, your violation of any applicable law or regulation, or your interactions with other users or Operators.
11. Termination
You may terminate your account at any time by contacting us at info@disgoapp.io. Disgo may suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including violation of these Terms.
Upon termination, your right to use the Services ceases immediately. Sections 7 through 13 of these Terms survive termination.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising under these Terms shall first be submitted to good-faith negotiation between the parties. If unresolved, disputes shall be resolved through binding arbitration in Austin, Texas under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property or confidentiality violations.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
13. Changes to These Terms
Disgo may update these Terms from time to time. When we make material changes, we will update the effective date and notify you through the platform or by email. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to updated Terms, you must stop using the Services.
14. General
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Disgo regarding the Services. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of our right to do so in the future. You may not assign your rights under these Terms without our prior written consent.
15. Contact
For questions about these Terms, contact us at:
Disgo, Inc.
Operator of Bartynder
Austin, Texas
Bartynder is a service of Disgo, Inc. | info@disgoapp.io | Austin, TX