INDEPENDENT CONTRACTOR AGREEMENT
Abboda, Inc.
This Independent Contractor Agreement (“Agreement”) is entered into by and between
Abboda, Inc. (“Abboda,” “Company,” “we,”
“us,” or “our”) and the individual or entity accepting this Agreement
(“Contractor,” “you,” or “your”). This Agreement
governs your access to and use of the Abboda platform as an independent delivery contractor.
Important Notice: This Agreement contains a mandatory arbitration clause
and a class action waiver (Section 16). By accepting this Agreement, you agree to resolve
disputes through binding arbitration and not in court, except for
limited exceptions described below.
1. Independent Contractor Relationship
1.1 Independent Contractor. Contractor is an independent contractor and not an employee,
partner, joint venturer, agent, or legal representative of Abboda.
1.2 No Benefits. Contractor is not entitled to wages, overtime, minimum wage guarantees,
employee benefits, workers’ compensation, unemployment insurance, paid leave, or any other
employment-related benefit from Abboda.
1.3 No Exclusivity. Contractor may perform services for other companies, including
competitors, and may engage in any other business activity.
2. Scope of Services
2.1 Services. Contractor may accept delivery opportunities made available through the
Abboda platform (“Opportunities”), which may include shopping for and/or picking up
items and delivering items to customers (“Services”). Items may include snacks,
drinks, convenience goods, and other retail items permitted by Abboda and applicable law.
2.2 Acceptance/Decline. Contractor has sole discretion to accept or decline any
Opportunity. Abboda does not guarantee any minimum number of Opportunities.
2.3 Completion. If Contractor accepts an Opportunity, Contractor agrees to complete
the Services in a timely and professional manner, consistent with customer instructions, merchant
requirements, platform rules, and applicable law.
3. Delivery Modes and Third-Party Couriers (Uber Direct)
3.1 Abboda Contractor Deliveries. This Agreement applies to deliveries performed by
Contractor through the Abboda platform (“Abboda Driver” deliveries).
3.2 Third-Party Courier Deliveries. Abboda may, at its discretion, dispatch deliveries
through third-party delivery providers (e.g., Uber Direct) (“Third-Party
Couriers”).
3.3 Not Your Relationship. Third-Party Couriers are not contractors,
employees, or agents of Abboda under this Agreement. Abboda does not hire, supervise, or control
Third-Party Couriers, and they are governed by their own agreements with the third-party provider.
3.4 No Claims. Contractor understands that using Abboda does not create any employment
relationship with Abboda and does not create any relationship with Third-Party Couriers.
4. Control, Flexibility, and Method of Work
4.1 Contractor Control. Contractor controls when, where, and how Services are performed,
subject to customer requirements, merchant requirements, platform rules, and applicable law.
4.2 No Minimum Hours. Contractor is not required to work minimum hours or accept any
minimum number of Opportunities.
4.3 Tools and Equipment. Contractor provides their own equipment and tools (vehicle,
phone, data plan, insulated bags if desired) and determines routes and methods.
5. Compensation and Tips
5.1 Per-Delivery Compensation. Contractor will be paid per completed delivery based on
rates shown in the Abboda app/platform at the time of acceptance, including any applicable incentives
disclosed to Contractor.
5.2 Tips. Tips, if offered by customers, may be passed through to Contractor subject to
processing, fraud checks, adjustments, and platform rules.
5.3 Payment Timing. Payments are issued via the payment method selected by Contractor,
subject to standard processing times, compliance checks, and payout schedules.
5.4 Adjustments. Abboda may withhold, reverse, or adjust payments if required due to
suspected fraud, policy violations, duplicate payouts, chargebacks, pricing errors, customer refunds,
or legal requirements, provided Abboda uses reasonable efforts to notify Contractor of material
adjustments.
6. Order Purchasing & Company Payment Cards (If Applicable)
6.1 Company Card. For certain deliveries, Abboda may provide a pre-funded, order-specific
virtual or physical payment card (“Company Card”) to purchase items on behalf of the
customer.
6.2 Use Limits. Contractor agrees:
- The Company Card is limited to the approved order amount and merchant category restrictions
- The Company Card may only be used for the assigned delivery and approved items
- Contractor must retain and upload receipts when required by the platform
6.3 No Personal Funds Required. Contractor is not required to use personal funds for
purchases unless Abboda explicitly agrees in writing in advance.
6.4 Misuse. Misuse of the Company Card may result in immediate deactivation, termination,
and liability for unauthorized charges and related losses (including fees, penalties, and investigative
costs).
7. Expenses
7.1 Contractor Expenses. Except as expressly stated in writing, Contractor is responsible
for all expenses, including vehicle costs, fuel, maintenance, phone/data, tolls, parking tickets,
insurance, and taxes.
7.2 No Reimbursement. Abboda is not obligated to reimburse expenses unless explicitly
agreed in writing.
8. Eligibility, Insurance, and Legal Compliance
8.1 Eligibility. Contractor represents and warrants that they:
- Hold a valid driver’s license
- Maintain legally required auto insurance
- Maintain valid vehicle registration (if using a vehicle)
- Are legally permitted to perform Services in the jurisdictions where they operate
8.2 Compliance. Contractor will comply with all applicable local, state, and federal laws
and regulations while performing Services.
8.3 Safety. Contractor agrees to operate safely and responsibly and not drive distracted
or under the influence of alcohol/drugs.
9. Background Checks and Screening (If Applicable)
9.1 Screening. Abboda may require identity verification and/or background screening to
access certain Opportunities. Contractor agrees to provide accurate information for screening.
9.2 Ongoing Eligibility. Abboda may suspend or deactivate access to Opportunities if
screening results, driving record issues, fraud indicators, or legal restrictions reasonably require it.
10. Prohibited Items and Restricted Deliveries
10.1 Restricted/Illegal Items. Contractor must not purchase, transport, or deliver
illegal items or restricted goods that are not permitted by Abboda or applicable law.
10.2 Platform Rules. Abboda may limit categories (e.g., age-restricted items) and
require additional verification steps. Contractor agrees to follow all in-app restrictions and
instructions.
11. Customer and Merchant Information; Privacy
11.1 Limited Use. Contractor may access customer and merchant information only to
perform Services (e.g., address, contact for delivery coordination).
11.2 No Misuse. Contractor will not:
- Use customer data for marketing or personal purposes
- Store customer data outside the platform longer than needed
- Share customer data with unauthorized persons
11.3 Confidential Information. Contractor agrees not to disclose Abboda’s non-public
business information, pricing, policies, operational procedures, or platform details obtained through
Abboda.
12. No Authority
Contractor has no authority to bind Abboda, enter contracts on Abboda’s behalf, or represent themselves
as an employee, agent, or partner of Abboda.
13. Indemnification
Contractor agrees to indemnify and hold harmless Abboda from claims, damages, losses, liabilities,
penalties, and expenses (including reasonable attorneys’ fees) arising out of:
- Contractor’s performance of Services
- Contractor’s negligence, misconduct, or unsafe operation
- Contractor’s violation of this Agreement or applicable law
- Contractor’s misuse of the platform or Company Card (if applicable)
14. Limitation of Liability
To the maximum extent permitted by law, Abboda shall not be liable for indirect, incidental, special,
consequential, or punitive damages arising out of or related to Contractor’s access to or use of the
platform, including loss of profits, loss of data, or business interruption.
15. Term, Termination, and Deactivation
15.1 Term. This Agreement is effective upon acceptance and continues until terminated.
15.2 Termination. Either party may terminate this Agreement at any time, with or without cause.
15.3 Deactivation. Abboda may suspend or deactivate Contractor’s access to Opportunities
for reasons including safety concerns, policy violations, suspected fraud, misuse of Company Card,
repeated customer complaints, or legal compliance requirements.
16. Mandatory Arbitration; Class Action Waiver; No Court
16.1 Agreement to Arbitrate. Except for the Excluded Claims listed in
Section 16.6, Contractor and Abboda agree that any dispute, claim, or controversy arising out of or
relating to this Agreement, Contractor’s access to or use of the Abboda platform, or the relationship
between Contractor and Abboda (collectively, “Disputes”) will be resolved by
final and binding arbitration, not in court.
16.2 Governing Arbitration Rules. The arbitration will be administered by the
American Arbitration Association (AAA) under its Commercial Arbitration Rules.
16.3 Arbitration Location and Format. Unless the parties agree otherwise, arbitration
will take place in Pima County, Arizona, or may be conducted by video, phone, or written
submissions.
16.4 Individual Basis Only (Class Action Waiver). All Disputes must be brought in the
parties’ individual capacity.
16.5 Fees and Costs. Each party will pay its own attorneys’ fees and costs unless the
arbitrator awards fees.
16.6 Excluded Claims (Limited Exceptions).
- Claims that may be brought in small claims court
- Claims seeking injunctive relief
16.7 Time Limit. Any Dispute must be filed within the time period required by applicable law.
16.8 Severability. If any part of this Section 16 is found unenforceable, the remainder will remain in effect.
17. Governing Law
This Agreement shall be governed by the laws of the State of Arizona.
18. Entire Agreement; Updates
18.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties.
18.2 Updates. Abboda may update this Agreement from time to time.
ACCEPTANCE
By signing up for, accessing, or performing Services through the Abboda platform, Contractor acknowledges
and agrees to this Agreement.
Abboda, Inc.
https://www.abboda.com/deliver-with-abboda