Worksome Legal Center

Terms of Use

Effective Date: January 1, 2023

These Terms of Use apply to all registered users of the Worksome website located at www.worksome.com, and all associated sites linked to the website around the world (the “Site”). They govern your access to and use of the Site, including the content, functionality, and services offered or enabled via the Site.

By using the Site or any services or resources available or enabled by the Site, you agree to be bound by these Terms of Use. If you do not agree with these Terms, you may not access or use the Site or any services or resources connected to the Site.

We may revise and update these Terms of Use at any time. All changes are effective immediately when posted. We may add, remove or change the services available through the Site at our sole discretion. It is your responsibility to periodically check for changes to these terms. Your continued use of the Site after the posting of revisions or updates means that you accept and agree to the changes.

If you comply with these Terms of Use, Worksome grants you a personal, non-exclusive, non-transferable, limited privilege to use the Site. Any unauthorized use of the Site terminates the licenses and rights granted to you by Worksome pursuant to this Agreement.

Additional Terms and Conditions

Transactions made through our Site including the purchase or sale of worker services may be subject to additional terms and conditions, including our Terms of Service, booking contract, and other supplemental terms. Some terms and conditions may apply to specific portions or features of the Site. Each of these terms and conditions are incorporated as a part of these Terms of Use by reference. To access the Site and Services made available on the Site, you agree to abide by such other terms and conditions as applies, you represent that you are of sufficient legal age to use such specific portion of the Site or the specific services in your location. If there is a conflict between these Terms of Use and the terms applicable to a specific portion of the Site or service, the terms applicable to the specific portion of the Site or service shall apply.

Intellectual Property Rights

The Site and its contents, features, and functionality (including, but not limited to: all information, software, text, displays, images, video, and audio, and the design, selection, and the arrangement thereof) are the property of Worksome, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Use, your right to use the Site will be terminated and you may be required, at our sole-option, to return or destroy all copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not otherwise expressly granted are reserved by Worksome. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use.

If you believe that any information on the Site violates your intellectual property rights, please contact us at compliance@worksome.com immediately. It is Worksome’s policy to terminate user accounts that infringe the intellectual property rights of Worksome or others. Please see our DMCA Takedown Policy for more information.

Trademarks

The Worksome name, logo, and all related names, logos, product and service names, designs, and slogans are the trademarks of Worksome, its affiliates, or licensors. You must not use such marks without prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

You may not use a stylized version of any Worksome name, trademark, logo, image or product icon, or other Worksome-owned graphic or symbol without Worksome’s express written permission. You may not use a name that is confusingly similar to a Worksome product or service or create any marketing materials that suggest an affiliation with, or endorsement by Worksome. All Worksome trademarks must comply with Worksome’s trademark guidelines.

Site Use Restrictions

You may only use the Site for lawful purposes and in accordance with these Terms of Use. You may not use the Site in any way that violates any applicable law or regulation including, without limitation, any laws regarding the export of data or software.

You may not solicit the performance of any illegal activity or other activity which infringes the rights of Worksome or others. You agree that you will not license, sell, rent, lease, transfer, assign, reproduce, distribute, make derivative works, commercially exploit or otherwise make available any portion of the Site.

You may not use any automatic device, program, algorithm, or methodology, or similar or equivalent manual process, to access, acquire, copy, reproduce, distribute, republish, download, display, post, transmit or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Worksome reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Worksome server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other means.

You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site. You may not access, reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other user, including any account not owned by you or otherwise attempt to interfere with the proper working of the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Worksome’s systems or networks, or any systems or networks connected to the Site. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not transmit, or procure the sending of, any advertising, or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

We reserve the right to disable any access, account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Access to and Use of the Site

Geographic Restrictions and Availability

We provide this Site for use by persons located in various locations. We make no claims that the Site or any of its content is accessible or appropriate for use outside of our intended markets. Some functions, features and access may be limited depending on your location and certain features, functionality or content may not be available. Access to the Site may not be legal in your country and access may not be permitted in certain other countries. If you access the Site, you do so on your own initiative and are responsible for compliance with local laws.

We reserve the right to update, add, remove or amend all or part of the Site, and any service or material we provide on the Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

Account Security

Certain features on the Site may require you to open an account. You are responsible for maintaining the confidentiality of your account login details including your user name, password and the content you upload to your account. Your account is personal to you and may not be shared with others. You agree to notify Worksome immediately of any unauthorized access to your account or password. You should use caution when accessing your account from a public or shared computer. Worksome cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

To register for an account, you must provide certain information and details. It is a condition of your use of the Site that all the information you provide is accurate, current, and complete and that you take all necessary steps to ensure the privacy of your account data. You agree that all information you provide to register or use the Site is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Links to the Other Sites

This Site may contain links to third-party websites. Such links are provided for your convenience. Worksome has no control over these websites and is not responsible for the content of linked websites, including any information or materials published therein.

Disclaimers

Reliance on Information Posted

The information presented on or through the Site is made available solely for general purposes. Worksome does not promise that the Site or any content on the Site will be free of errors or interruptions or that your use of the Site will yield specific results. We do not warrant the accuracy, completeness, or usefulness of any information stored on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials.

This Site includes content provided by third parties, including content provided by other users, and third-party service providers. All content provided on the Site is solely the responsibility of the person or entity providing such contents. These materials do not necessarily reflect the opinion of Worksome. We are not responsible, or liable to you or any third party, for the accuracy of any content provided by any third parties.‍

Disclaimer of Warranties

WORKSOME MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SITE OR SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WORKSOME NOR ANY PERSON ASSOCIATED WITH WORKSOME MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WORKSOME NOR ANYONE ASSOCIATED WITH WORKSOME REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WORKSOME OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE FULLEST EXTENT PROVIDED BY LAW, WORKSOME HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

Disclaimer of Certain Damages

To the fullest extent provided by law, in no event will Worksome or its affiliates be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, any content on the Site or such other websites, on any theory of liability including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. The limitation on liabilities set forth are a fundamental element of the basis of the bargain between Worksome and you.

Cap on liability

Except for your indemnity obligations, and your payment obligations, under no circumstances will Worksome’s total liability to you, regardless of the forum and regardless of whether any action or claim is based on contract, tort or otherwise, exceed the total amount paid by you to Worksome during the 12 months immediately preceding the claim (determined as of the date of any final judgment in any action). If you have not paid Worksome any amounts, Worksome's sole and exclusive liability to you shall be limited to fifty dollars (USD $50.00). ‍

Exclusion of damages

Certain Jurisdictions do not allow for the exclusion or limitation of certain damages or certain types of damages or certain warranties. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights. These Terms of Use give you specific legal rights, and you may also have other legal rights, which vary from jurisdiction to jurisdiction. For example, some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.

No third-party liability

You acknowledge and agree that Worksome is not liable, and you agree not to seek to hold Worksome liable for the conduct of third parties, including other Worksome users, Workers, or customers, operators of external sites or other users. Worksome makes no warranty regarding the quality of any services available through the Site, or the accuracy, timeliness, truthfulness, completeness, or reliability of any user content obtained through the platform.

Worksome is not involved in the service contracts between Workers and Companies. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality of Worker services, the truth or accuracy of user content or jobs, the skill or ability of workers to perform Worker services, the ability of Companies to pay for worker services, or that worker will perform or deliver any worker services.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You agree to defend, indemnify, and hold harmless Worksome, our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Waiver

No waiver by Worksome of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Worksome to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Waiver of jury trial

‍EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING RELATING TO THE USE OF THE SITE OR RELATED TO THIS AGREEMENT. EACH PARTY CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF SUCH A SUIT, ACTION OR PROCEEDING, SEEK TO ENFORCE THE FOREGOING WAIVER AND ACKNOWLEDGES EXPRESSLY INTENDS TO BE BOUND BY THE MUTUAL WAIVERS AND CERTIFICATIONS PROVIDED HEREIN.‍

Waiver of class actions and collective relief

‍THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE MEDIATED, ARBITRATED, OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS AGREEMENT AND CANNOT BE SEVERED FROM IT.

Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.