Terms of Service | Dragging Up

Version v1.0 · Effective date: October 12, 2026

These Terms of Service are a binding contract between you and the operator of Dragging Up. Please read them. They include a release of claims, an indemnity, a limit on our liability, and an agreement to resolve most disputes by individual arbitration instead of in court or by class action (see "Disputes, arbitration and class waiver" below).

Who we are

Dragging Up is operated by Drill The Earth, LLC, a Texas limited liability company doing business as Dragging Up (the "Operator", "we", "us", or "our"). Our contact email is legal@dragging-up.com and our mailing address is 603 Main Street, Suite 201, Garland, Texas 75040.

The "Service" means the Dragging Up website at dragging-up.com, the Dragging Up mobile apps, and every feature, listing, profile, message, notification and tool we make available through them.

Key definitions

In these Terms, the following words have the following meanings:

"Member" means any person or business that creates an account on the Service.
"Worker" means a Member who uses the Service to look for work as an employee, including without limitation a traveling W-2 worker.
"Company" means a Member that uses the Service to post jobs or to find Workers or Crews.
"Crew" means a Member that is a contractor, subcontractor or crew business and uses the Service to advertise its availability, receive or respond to bid requests, or find work.
"Paid Plan" means any subscription to paid features of the Service, including without limitation the Company plan, the Crew plan and Worker Pro.
"Listing" means any job post, crew or availability post, bid request, profile, company page or other posting on the Service.
"User Content" means anything a Member submits to the Service, including without limitation Listings, profiles, résumés, photos, certifications, documents, messages, attachments, applications and reports.
"Policies" means our Privacy Policy, Marketplace Disclaimer, Community Guidelines and Acceptable Use Policy, each of which is part of these Terms.

Accepting these Terms

You accept these Terms when you check the acceptance box at sign-up, start a Paid Plan or free trial, or use the Service. If you do not accept these Terms, do not use the Service.

If you use the Service for a business, you accept these Terms for that business and you represent that you have authority to bind it. In that case "you" means both you and the business.

We record the version of these Terms you accepted and the date and time you accepted it.

Eligibility: 18 and older only

You must be at least 18 years old to create an account or use the Service. By creating an account you represent that you are 18 or older. The Service is not directed to anyone under 18.

Companies and Crews shall not post any job or opening that is open to, or intended for, a person under 18.

We will close any account we learn belongs to a person under 18 and delete its personal information as described in our Privacy Policy.

What Dragging Up is, and is not

The Service is an online marketplace. It lets Workers, Companies and Crews post Listings, find each other and send messages. That is all it does.

We are not, and nothing on the Service makes us:

an employer, joint employer or co-employer of any Worker;
a staffing agency, employment agency, job placement service, labor broker, labor contractor or professional employer organization;
a contractor, subcontractor, construction manager or party to any bid, subcontract or job;
a payroll provider, escrow agent, payment intermediary between Members, or guarantor of any wage, invoice or payment;
an insurer, safety consultant, background-check provider or consumer reporting agency; or
an agent, partner, joint venturer or representative of any Member.

We do not hire, refer, place, recommend, supervise, direct or control any Worker or Crew. We do not set wages, rates, schedules, per diem or working conditions. We do not negotiate or sign any agreement between Members, and we are not a party to one.

Our subscription fees pay for access to software features. We do not charge or receive any fee that depends on whether a Worker is hired, on the wages a Worker earns, or on the value of any job or bid.

Members are solely responsible for every decision to contact, hire, engage, bid, accept work from or work for another Member, and for every agreement they make with another Member.

No representations or warranties about Members, and no duty to inspect

We make no representation or warranty about any Member, Listing or User Content, including without limitation any Member's identity, qualifications, certifications, licenses, insurance, safety record, work history, references, legal authority to work, financial condition, ability to pay, or the accuracy, legality or availability of any job, wage, per diem, bid or project.

We have no duty to inspect, screen, verify, investigate, monitor or supervise any Member, Listing, User Content, message, jobsite, project, payment or off-platform activity. We do not run background checks. We do not rate, score or rank Workers.

Profiles, résumés and Listings are self-reported by the Members who post them. They are not consumer reports, and we are not a consumer reporting agency.

We may offer tools such as reporting, blocking, email or phone confirmation, plan badges and moderation. Those tools are offered at our discretion. They do not create any duty to use them, to use them in any particular way, or to find or act on any particular content or conduct. A badge or label means only what its description on the Service says it means.

You must do your own due diligence before relying on any Member or Listing. Our Marketplace Disclaimer explains this further and is part of these Terms.

Your account

You shall give us accurate, current and complete information when you register and keep it up to date. You may not create an account for another person without that person's authority, impersonate anyone, or hold more than one account of the same type without our written permission.

You are responsible for everything that happens under your account. Keep your password and sign-in methods confidential. Tell us at legal@dragging-up.com within 24 hours after you learn of any unauthorized use.

A Company or Crew account may add the users our Paid Plan allows. Each user must accept these Terms. Account sharing outside those limits is not allowed.

Listings and job posts

Every Listing must describe a real, currently available opportunity or real, current crew availability. You shall remove or close a Listing within 7 days after the opportunity is filled, canceled or no longer available.

Pay range required. Every job post must state:

the actual wage or salary, or the actual range the poster expects to pay for the position, as an hourly, daily or annual amount (words such as "DOE", "open", "competitive" or "negotiable" do not satisfy this rule on their own);
whether per diem, travel pay, lodging or mileage is offered, and the amount or method if it is;
a general description of benefits and other compensation offered;
the work location or locations, or the region and an expected travel pattern for traveling work; and
the legal name of the hiring employer.

If a law that applies to the job requires more, such as a specific pay-scale or benefits disclosure, the poster shall include it. The poster, not us, is responsible for compliance with every pay-transparency, wage, hiring and advertising law that applies to the job.

Bid requests. A bid request must identify the scope, location and schedule of the work and the party requesting the bid. We do not review, accept, award or administer bids, and we do not hold bid bonds, retainage or payments.

Employer duties stay with the employer. Companies and Crews are solely responsible for employment eligibility verification, worker classification, wages and overtime, payroll taxes, workers' compensation, safety training and compliance, licensing, permits, insurance and every other duty an employer or contractor owes.

Profiles, résumés and who can see them

Workers decide what to put in their profile and résumé. Do not include Social Security numbers, bank or card numbers, government ID numbers or images, dates of birth, medical information, or information about race, religion, national origin, disability, or other protected characteristics.

When your profile is set to visible, Companies and Crews with an active Paid Plan can view your profile and any résumé you upload, and can contact you through the Service. When you apply to a job, the Company or Crew that posted it can view your application, profile and résumé. Our staff and service providers can access profiles as described in our Privacy Policy.

You may hide your profile, replace your résumé, or delete your account at any time in your account settings. A Company or Crew that already downloaded or copied your information before you hid or deleted it is responsible for its own use of that information.

Companies and Crews may use Worker information obtained through the Service only to evaluate and contact Workers about real job or work opportunities. They shall not sell, rent, publish, or add it to any database or list for other uses, and shall not use it to make decisions about credit, insurance, housing or any other purpose regulated by the Fair Credit Reporting Act.

Rules of conduct

You shall follow our Community Guidelines and Acceptable Use Policy. Without limiting them, you shall not use the Service to:

post a Listing that discriminates, or states a preference or limitation, based on race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age, disability, genetic information, veteran or military status, citizenship or immigration status (except as required by law), or any other characteristic protected by law;
post a fake, misleading, expired or bait job, crew or bid Listing, or misstate pay, per diem, location, schedule, union status or working conditions;
charge, or ask for, any fee, deposit, purchase or payment from a Worker to apply, interview, be hired, receive training or keep a job, except a deduction the law expressly allows and the Worker agrees to in writing after hire;
promote multi-level marketing, pyramid schemes, business opportunities, franchise sales, "work from home" offers, investment offers or commission-only roles presented as wage jobs;
ask any Member to send Social Security numbers, bank or card numbers, government ID images, passwords or other financial or account credentials through the Service, or before a written job offer (lawful onboarding paperwork after a written offer belongs in the employer's own onboarding system);
state a blanket exclusion based on criminal history, such as "no felons" or "clean record only" (a Listing may say that a lawful background check may follow a conditional offer);
recruit for a staffing arrangement, labor pool or resale of labor without clearly identifying the actual employer;
post jobs for work that requires a license, registration or certification you do not hold, or misrepresent any license, insurance, bonding or safety record;
harass, threaten, stalk, defame, or send sexual or hateful content to any person;
post another person's personal information without consent;
post content that infringes any copyright, trademark or other right;
send spam, chain messages or unsolicited bulk messages;
move a conversation off the Service to defraud or evade a block, suspension or report; or
break any law.

User Content

You own your User Content. You are solely responsible for it, and you represent that you have every right needed to post it and that it is accurate and lawful.

You grant us a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to host, store, copy, reproduce, display, format, translate, distribute and use your User Content to operate, secure, improve and promote the Service, including without limitation by showing Listings to Members, sending notifications, and making job posts available to search engines and job aggregators. Our service providers may exercise this license on our behalf.

This license ends when you delete the User Content or your account, except for (a) copies kept in backups for the period stated in our Privacy Policy, (b) messages and applications you already sent to other Members, which stay in their accounts, (c) records we keep to comply with law, resolve disputes, prevent fraud or enforce these Terms, and (d) promotional uses already made.

If you send us ideas or feedback, we may use them without any duty to you.

Moderation, reports and enforcement

We may, at our sole discretion and without notice, review, refuse, edit for format, hide or remove any Listing or User Content, limit features, suspend or close any account, and keep records of what we did, for any violation or suspected violation of these Terms or the law, or to protect Members or the Service. We may also do nothing.

You can report a Listing, profile or message with the Report button or by emailing legal@dragging-up.com. We may contact you about a report, but we have no duty to respond, investigate, or tell you what we did.

We may share information with law enforcement, regulators, or a person harmed by a Member as described in our Privacy Policy.

Paid Plans, auto-renewal and cancellation

Plans and prices. The Company plan, the Crew plan and Worker Pro are paid monthly subscriptions. The current price, the features each plan includes, and the billing frequency are shown on our pricing page and at checkout. Prices do not include taxes; you shall pay any sales or use tax that applies.

Workers do not pay for jobs. A Worker account is free. Workers do not pay to create a profile, view Listings, search for jobs, apply to jobs, or message Companies and Crews. Worker Pro is optional; it adds the account and profile tools described on our pricing page and does not sell access to job openings, lists of employers, job matches or the distribution of your résumé. Worker Pro may not be offered in every state.

Company and Crew plans are for business use. By buying a Company or Crew plan you represent that you are buying it for a business purpose and not for personal, family or household use.

Automatic renewal. EVERY PAID PLAN RENEWS AUTOMATICALLY EACH MONTH, AND WE WILL CHARGE YOUR PAYMENT METHOD THE THEN-CURRENT MONTHLY PRICE PLUS ANY TAX ON EACH RENEWAL DATE, UNTIL YOU CANCEL. Before you subscribe we will show you the price, the billing frequency, that the plan renews until you cancel, and how to cancel, and we will ask for your express consent. After you subscribe we will send you an email confirming these terms.

How to cancel. You can cancel online at any time from Account > Subscription > Cancel subscription, in one step after you sign in. You can also cancel by emailing legal@dragging-up.com from the email address on your account with the words "cancel my subscription". Cancellation stops future renewals. Your paid features stay active until the end of the billing period you already paid for, and then end.

App Store purchases. If you subscribed through the Apple App Store, Apple bills you and you must cancel through your Apple ID subscription settings. Apple's terms govern those charges and any refund.

Payment processing. We use Stripe, Inc. to process card payments on the web. By subscribing on the web you authorize us, through Stripe, to charge your payment method for each renewal. Stripe's terms and privacy policy apply to the information you give Stripe. We do not receive or store your full card number.

Failed payments. If a renewal charge fails, we may retry the charge and may pause your paid features until payment succeeds. If payment does not succeed within 14 days, we may cancel the Paid Plan.

Price changes. We may change the price of a Paid Plan. We will email you at least 7 days and no more than 30 days before a price change applies to you, and the email will tell you how to cancel. The new price applies from your first renewal after the notice period ends unless you cancel before then.

Free trials and promo codes

We may offer free trials, including 90-day trials through promo codes. A trial is for new subscribers only, one per person or business, unless the offer says otherwise.

A TRIAL CONVERTS TO A PAID PLAN AUTOMATICALLY. We ask for a payment method when the trial starts. Unless you cancel before the trial ends, we will charge the plan's then-current monthly price on the day the trial ends and each month after that until you cancel. The checkout screen will show the price and the date of the first charge.

For any trial longer than 31 days, we will email you at least 3 days and no more than 21 days before the trial ends, stating the date of the first charge, the amount, that the plan will renew monthly until you cancel, and how to cancel. You can cancel during a trial the same way you cancel a Paid Plan, and you will not be charged.

Promo codes have no cash value, cannot be transferred or resold, and may expire. We may refuse or withdraw a promo code that was obtained or used in violation of its terms or these Terms.

Refunds

Payments are non-refundable, and we do not give refunds or credits for partial billing periods, unused features, or a period in which you did not use the Service, except where these Terms say otherwise or the law requires a refund. If a law that protects you gives you a right to cancel or to a refund, we will honor that right.

If we close your account for a reason other than your breach of these Terms, we will refund the unused part of your current billing period.

Messages and notifications

By creating an account you agree to receive electronic communications from us, including service, account, billing, security and legal notices, by email, in-app message and push notification. These communications satisfy any legal requirement that a communication be in writing.

We will send marketing email only with an unsubscribe link, and you may opt out of marketing email at any time. Opting out does not stop service, billing, security or legal messages.

We will send text messages only if you opt in to them separately. Message and data rates may apply. Reply STOP to stop texts and HELP for help.

Messages between Members are User Content. We may use automated tools and human review to detect spam, fraud and violations of these Terms in messages, as described in our Privacy Policy.

Copyright complaints (DMCA)

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. Our designated agent is:

Name: Copyright Agent, Dragging Up
Address: 603 Main Street, Suite 201, Garland, Texas 75040
Email: legal@dragging-up.com

Notice. A notice must be in writing and include: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient for us to locate it, such as its URL; (4) your name, address, telephone number and email address; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. These elements are required by 17 U.S.C. § 512(c)(3).

Counter-notice. If we remove your content in response to a notice, you may send our agent a counter-notice that includes: (1) your physical or electronic signature; (2) identification of the material removed and where it appeared; (3) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; and (4) your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which we may be found) and will accept service of process from the person who sent the notice. We may restore the material 10 to 14 business days after we receive a valid counter-notice unless the complaining party tells us it has filed a court action. These elements are required by 17 U.S.C. § 512(g)(3).

Repeat infringers. We will close the account of any Member who is the subject of repeated valid infringement notices.

Third-party services

The Service relies on third parties, including without limitation hosting, database, payment (Stripe), app store (Apple), email and analytics providers. Links to other websites are for convenience. We are not responsible for any third-party service, website, or content, and your use of them is governed by their terms.

Our intellectual property

The Service, including its software, design, text, graphics, logos and the "Dragging Up" name, belongs to us or our licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose under these Terms. All other rights are reserved.

Release

YOU ARE SOLELY RESPONSIBLE FOR YOUR DEALINGS WITH OTHER MEMBERS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE THE OPERATOR AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS (THE "OPERATOR PARTIES") FROM ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO ANY OTHER MEMBER, ANY LISTING OR USER CONTENT, ANY HIRING, CONTRACTING OR BIDDING DECISION, ANY WORK PERFORMED OR NOT PERFORMED, ANY JOBSITE, TRAVEL OR LODGING, ANY WAGE, PER DIEM, INVOICE OR PAYMENT BETWEEN MEMBERS, OR ANY OFF-PLATFORM DEALING, INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM THE NEGLIGENCE OF ANY OPERATOR PARTY. THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM AN OPERATOR PARTY'S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU WAIVE ANY SIMILAR LAW OF ANY OTHER STATE TO THE SAME EXTENT.

Indemnity

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OPERATOR PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS, DAMAGES, LOSSES, LIABILITIES, FINES, PENALTIES, COSTS AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO (A) YOUR USER CONTENT OR LISTINGS, (B) YOUR USE OF THE SERVICE, (C) YOUR DEALINGS WITH ANY OTHER MEMBER, (D) ANY JOB, BID, SUBCONTRACT, EMPLOYMENT, CLASSIFICATION, WAGE, SAFETY OR PAYMENT MATTER YOU ARE PART OF, OR (E) YOUR BREACH OF THESE TERMS OR ANY LAW, IN EACH CASE INCLUDING WITHOUT LIMITATION CLAIMS ALLEGING THE NEGLIGENCE OF ANY OPERATOR PARTY, EXCEPT TO THE EXTENT A CLAIM IS CAUSED BY AN OPERATOR PARTY'S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

We may control the defense of any claim at your expense, and you shall cooperate with us. You shall not settle any claim that imposes an obligation or admission on an Operator Party without our written consent.

Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY MEMBER, LISTING OR USER CONTENT IS ACCURATE, LAWFUL, SAFE OR AVAILABLE, OR THAT YOU WILL FIND WORK, WORKERS, CREWS OR BIDS THROUGH THE SERVICE.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NO OPERATOR PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST WAGES, LOST BUSINESS, LOST DATA OR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY ANOTHER MEMBER, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ALL OPERATOR PARTIES TOGETHER FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

These limits apply to every theory of liability, including contract, tort, negligence, strict liability and statute. They do not limit liability that the law does not allow to be limited, including liability for fraud, gross negligence or willful misconduct. Some states do not allow certain limits, so some of these limits may not apply to you.

Disputes, arbitration and class waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES BY INDIVIDUAL ARBITRATION, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO CLASS ACTIONS.

Informal resolution first. Before starting arbitration or a small-claims case, the party with the claim shall send the other a written notice describing the claim and the relief requested. Notices to us go to legal@dragging-up.com and to our mailing address; notices to you go to the email on your account. The parties shall try to resolve the claim for 60 days after the notice is received. Any limitation period is suspended during those 60 days.

Agreement to arbitrate. Except as stated under "Exceptions" below, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, including its formation, scope, validity and enforceability (a "Dispute"), will be resolved by final and binding arbitration on an individual basis. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs this agreement to arbitrate.

Rules and administrator. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules if you are an individual using the Service for personal purposes, and otherwise under its Commercial Arbitration Rules, as modified by this section. The rules are available at adr.org. One arbitrator will decide the Dispute. For a claim of US$10,000 or less, the arbitration will be decided on written submissions unless the arbitrator requires a hearing. Any hearing will take place by video conference, or in Dallas County, Texas, or the county where you live if you are an individual and you request it.

Fees. Payment of filing, administration and arbitrator fees follows the AAA rules. For an individual's claim under the Consumer Arbitration Rules, we will pay any fees that the rules assign to the business.

Exceptions. Either party may (a) bring an individual claim in a small-claims court with jurisdiction, as long as the claim stays there and is not removed or appealed to a court of general jurisdiction, and (b) bring an action in court to stop infringement or misuse of intellectual property or unauthorized access to the Service.

CLASS ACTION WAIVER. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT AND ONLY TO THE EXTENT NEEDED FOR THAT PARTY'S INDIVIDUAL CLAIM.

Mass filings. If 25 or more similar Dispute notices or arbitration demands are submitted against us by or with the help of the same or coordinated counsel, the parties shall resolve them in batches of no more than 25 demands each, with one arbitrator per batch, and the AAA's Mass Arbitration Supplementary Rules will apply. Limitation periods are suspended for every demand while earlier batches are pending.

If part of this section is unenforceable. If the class action waiver is found unenforceable as to any claim or form of relief, that claim or relief will be severed and decided in court under "Governing law and venue" below, after the individual arbitration is complete, and the rest of this section still applies. A request for public injunctive relief, where the law does not allow it to be waived or arbitrated, will be decided in court after the individual arbitration is complete.

30-day right to opt out. You may opt out of this agreement to arbitrate by emailing legal@dragging-up.com, from the email on your account, within 30 days after you first accept these Terms, with your name and the words "arbitration opt-out". Opting out does not affect any other part of these Terms.

Changes to this section. If we change this section, the change will not apply to any Dispute of which either party gave notice before the change took effect.

Governing law and venue

These Terms and every Dispute are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act. This choice of law does not take away any protection given to you by a law of the state where you live that cannot be waived by contract.

Any Dispute that is not arbitrated will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you and we consent to the personal jurisdiction of those courts, except for small-claims cases described above.

YOU AND WE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE THAT IS DECIDED IN COURT.

Suspension, termination and deleting your account

You may stop using the Service at any time. You may delete your account in your account settings. Deleting your account cancels any web Paid Plan at the end of the current billing period; App Store subscriptions must be canceled through Apple.

We may suspend or close your account, or end the Service or any part of it, at any time, with or without notice, for any violation or suspected violation of these Terms, for fraud or security reasons, if required by law, or if we stop offering the Service. If we end the Service entirely for reasons other than your breach, we will give at least 30 days' notice by email when we reasonably can and will refund prepaid fees for the unused part of the billing period.

The following survive any termination: "Who we are", "Key definitions", "What Dragging Up is, and is not", "No representations or warranties about Members, and no duty to inspect", "User Content" (for the retained copies described there), "Refunds", "Release", "Indemnity", "Disclaimer of warranties", "Limitation of liability", "Disputes, arbitration and class waiver", "Governing law and venue", and "General terms", along with any payment obligation that accrued before termination.

Changes to these Terms

We may change these Terms. We will post the new version with a new version number and effective date. For a material change, we will notify you by email or in the Service at least 30 days before it takes effect, and we may ask you to accept the new version before you continue to use the Service. A change does not apply to a Dispute of which either party gave notice before the change. If you do not agree to a change, you may cancel your Paid Plan and close your account before the change takes effect.

Events outside our control

We are not responsible for any delay or failure caused by events outside our reasonable control, including without limitation outages or failures of hosting, database, payment, app store, email, internet or power providers; cyberattacks or denial-of-service attacks; severe weather, floods, wildfires, hurricanes and other natural disasters; epidemics; war, terrorism or civil unrest; labor disputes; and changes in law or government orders.

General terms

Entire agreement. These Terms and the Policies are the entire agreement between you and us about the Service and replace all earlier agreements, statements and understandings about it. Any additional terms shown at checkout for a specific offer are part of these Terms for that offer.

Order of precedence. If these Terms conflict with a Policy, these Terms control, except that the Privacy Policy controls on how we handle personal information.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign these Terms, in whole or in part, without your consent to any affiliate or to any successor that takes over operation of the Service, including through a merger, sale of assets or reorganization. After an assignment, "Operator", "we", "us" and "our" mean the assignee.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent allowed and the rest of these Terms will remain in effect.

No waiver. Our failure or delay in enforcing any provision is not a waiver of our right to enforce it later.

No third-party beneficiaries. No person other than you and the Operator Parties has any rights under these Terms.

Relationship. You and we are independent parties. These Terms do not create any employment, agency, partnership, joint venture or fiduciary relationship.

Notices. We may give you notice by email to the address on your account or in the Service. You shall give us notice by email to legal@dragging-up.com, and legal notices of a Dispute must also be mailed to our mailing address.

Interpretation. Headings are for convenience only. "Including" means "including without limitation". These Terms will not be construed against either party as the drafter.

Export and sanctions. You represent that you are not located in a country subject to a U.S. embargo and are not on any U.S. government list of restricted parties.

Contact

Questions about these Terms: legal@dragging-up.com, or write to the Operator at 603 Main Street, Suite 201, Garland, Texas 75040.