Introduction
Welcome to WorkDone Corp. ('WorkDone,' 'we,' 'our,' or 'us'). By accessing or using our platform, services, or any associated websites, mobile applications, content, tools, software, and features (collectively, the 'Platform'), you agree to comply with and be legally bound by the following Terms of Service ('Terms'). These Terms govern your access to and use of the Platform, including any and all services provided through the Platform.
PLEASE READ THESE TERMS CAREFULLY. Your use of the Platform signifies your agreement to these Terms, and they constitute a legally binding contract between you, either as an individual or as an authorized representative of an entity ('you' or 'User'), and WorkDone. If you do not agree with any part of these Terms, or if you do not wish to be bound by them, you must immediately stop using the Platform and its related services.
2Platform Overview
WorkDone operates as a marketplace, facilitating the connection between individuals and businesses seeking to hire skilled workers (referred to as 'Clients') and professionals or contractors (referred to as 'Pros') offering services. The Platform allows Clients to post tasks, upload media (such as photos), communicate with Pros, receive bids, and ultimately hire workers based on competitive offers. It also offers features like map integration, a calendar system, a review and rating system, and an AI-powered visual tool that provides hypothetical project outcomes.
2Acceptance of Terms
By using the Platform, you acknowledge that:
- You have read, understood, and agree to these Terms.
- You are at least 18 years old or have reached the age of legal majority in your jurisdiction.
- You have the legal capacity and authority to enter into a binding contract with WorkDone, either on your behalf or on behalf of the entity you represent.
YOUR CONTINUED USE OF THE PLATFORM WILL BE CONSIDERED AS ONGOING ACCEPTANCE OF THESE TERMS, INCLUDING ANY CHANGES OR MODIFICATIONS THAT MAY BE MADE TO THEM OVER TIME.
2Modifications to the Terms
WorkDone reserves the right to modify these Terms at any time, at its sole discretion. Such modifications may include adding, removing, or altering provisions and will be effective upon posting the updated Terms on the Platform. We may, at our discretion, also provide notice of material changes via email or notifications within the Platform. It is your responsibility to regularly review these Terms and any updates posted on the Platform.
Continued Use: Your continued use of the Platform after any modifications or updates have been posted constitutes your acceptance of the revised Terms. If you do not agree with any modifications, you must cease using the Platform immediately.
2Legal Relationship
These Terms constitute a legally binding agreement between you and WorkDone. By using the Platform:
- You agree that WorkDone does not guarantee the quality, timing, legality, or performance of any services provided by Pros.
- WorkDone acts solely as a facilitator or intermediary between Clients and Pros and is not responsible for any interactions or agreements made between Users.
2Additional Policies
Your use of the Platform is also subject to additional policies, including but not limited to WorkDone’s Privacy Policy, Acceptable Use Policy, and any supplemental agreements specific to particular features, services, or promotions. These additional policies are incorporated by reference into these Terms and are as binding as the core terms outlined in this document.
If you have any questions or concerns regarding these Terms, please contact us at ([email protected]) prior to continuing your use of the Platform.
1. Services Provided
21.1 Platform Overview
Key Features of the Platform:
- Task Posting by Clients: Clients are able to create detailed task postings, including specific service requirements, images (e.g., photos of their home, garden, or project), and additional relevant data to attract bids from Pros.
- Credit-Based Bidding: Pros use credits, either purchased individually or included in subscription plans, to place offers on tasks. Credits are required to make bids, and each bid deducts a specified amount of credits from the Pro's account.
- Real-Time Communication and Negotiation: The Platform provides a chat system, allowing Clients and Pros to communicate directly to negotiate the specifics of the task, clarify expectations, and discuss terms before finalizing agreements.
- Review and Rating System: After the completion of a task, both Clients and Pros can leave feedback in the form of ratings and written reviews. This helps maintain transparency and trust among Users by encouraging accountability and enabling future Clients and Pros to make informed decisions based on previous interactions.
- Geographical Matching: The Platform includes a map feature that helps Clients locate Pros within their vicinity, and Pros can use it to find tasks near their location.
WorkDone's Role as an Intermediary:
It is important to note that WorkDone acts solely as an intermediary between Clients and Pros. We do not oversee, manage, or control the actual services provided by Pros. WorkDone does not:
- Guarantee the quality, legality, or timeliness of the services performed by Pros.
- Endorse or verify the qualifications, credentials, or skills of any Pro.
- Provide warranties for any task or service, whether implied or expressed.
All agreements, interactions, and services are directly between Clients and Pros, and WorkDone is not responsible for any disputes or failures in the services provided. You acknowledge that by using the Platform, you enter into a separate agreement with the Pro of your choice, and WorkDone is not a party to that agreement.
21.2 WorkDone Pro Subscription
WorkDone offers a premium subscription plan for Pros known as 'WorkDone Pro,' which provides additional benefits to enhance their experience on the Platform. By subscribing to WorkDone Pro, Pros gain access to a variety of enhanced features designed to increase their competitive advantage, visibility, and potential to secure more tasks.
Key Features of WorkDone Pro:
- Lump-Sum Credits: Subscribers to WorkDone Pro receive a set number of credits as part of their plan. These credits can be used to bid on tasks, providing Pros with the flexibility to submit offers on multiple tasks without needing to purchase credits individually.
- Competitor Insights: WorkDone Pro offers visibility into competitor bidding information, such as seeing how their bids compare to other Pros' bids in terms of pricing and ranking, allowing Pros to make more informed bidding decisions.
- Enhanced Search Rankings: WorkDone Pro subscribers are given priority in search results, meaning their profiles are more prominently displayed to potential Clients when they search for Pros. This increased visibility can lead to a higher volume of job offers and engagement.
- Additional Features: WorkDone Pro may include other benefits, such as exclusive access to certain tasks, enhanced profile customization, or access to premium customer support.
WorkDone reserves the right to modify the WorkDone Pro subscription features at any time, including the addition or removal of features, pricing adjustments, or changes in the credit allocation. All changes will be communicated to Pros in accordance with these Terms.
Subscription Terms:
WorkDone Pro is available on a subscription basis, either monthly or annually, and is automatically renewed at the end of each billing cycle unless canceled by the Pro. By subscribing to WorkDone Pro, Pros authorize WorkDone to charge their selected payment method for the recurring subscription fee. The cancellation of a subscription will take effect at the end of the current billing cycle, and no refunds will be issued for partial months or unused credits.
21.3 AI Features
WorkDone offers a unique Artificial Intelligence (AI) Feature designed to assist Clients in visualizing potential project outcomes. This feature allows Clients to upload photos (e.g., of their home, garden, fence, etc.) and receive AI-generated hypothetical images that show how the completed task may appear.
Key Aspects of the AI Feature:
- Hypothetical Image Generation: After uploading a photo and selecting a category and task description, the AI module processes the data to create an imaginary visual representation of the potential outcome. This feature is intended to help Clients better conceptualize the results of a task before hiring a Pro.
- Customization and Variations: The AI-generated images may offer different perspectives, materials, or design options based on the parameters entered by the Client. These variations are generated to help Clients explore different possibilities for the task they wish to have completed.
Important Disclaimer Regarding the AI Feature:
The images generated by the AI are strictly for illustrative purposes and should not be interpreted as accurate or guaranteed representations of the final results. WorkDone does not guarantee that the actual work performed by Pros will resemble, match, or adhere to the AI-generated images. Factors such as material availability, Pro expertise, and real-world conditions may result in significant differences between the AI visualization and the actual completed task. The Client acknowledges and accepts that the AI feature is speculative and provided as anon-binding tool.
WorkDone assumes no liability for any discrepancies between the AI-generated images and the actual results delivered by a Pro. Any reliance on the AI feature is at the sole discretion of the Client, and WorkDone encourages Users to engage in clear communication with Pros regarding expectations and deliverables.
2. Disclaimer of Warranties and Liability
22.1 No Warranty of Services
WorkDone operates as an online platform that merely facilitates the connection between Clients and Pros.WorkDone does not employ, supervise, monitor, or control the Pros, and, as such, is not responsible for the actions, performance, or quality of services provided by the Pros. The agreements and transactions that take place between Clients and Pros occur independently of WorkDone, and WorkDone assumes no responsibility for ensuring that these services are performed to the satisfaction of either party.
No Warranty of Quality or Performance:
By using the Platform, you acknowledge that WorkDone provides its services on an 'AS IS' and 'AS AVAILABLE' basis, without any warranties of any kind, either express or implied. WorkDone makes no representations, warranties, or guarantees, either express or implied, regarding:
- The reliability, quality, or suitability of the services offered by Pros.
- The timeliness of services rendered or the accuracy of descriptions provided by Clients or Pros.
- The qualifications or skills of any Pro listed on the Platform.
- The availability or uninterrupted operation of the Platform itself.
To the fullest extent permitted by law, WorkDone expressly disclaims all implied warranties, including but not limited to:
- Warranties of merchantability, or that services are of a standard quality suitable for sale.
- Fitness for a particular purpose, meaning the services will meet any specific needs, preferences, or expectations of the User.
- Non-infringement, ensuring that the services provided do not violate the intellectual property rights or other rights of third parties.
Clients and Pros agree that they are responsible for independently verifying the qualifications, suitability, and legality of the services they provide or receive. WorkDone does not endorse or verify any Pro's skills, credentials, or service quality and disclaims any involvement in disputes between Users.
22.2 AI Feature Disclaimer
The AI feature provided by WorkDone is intended solely as a visual reference tool to help Clients conceptualize potential project outcomes based on the uploaded photos and task details. This AI-generated imagery is purely speculative and does not represent or guarantee the final work product.
Limitations of the AI Feature:
- Illustrative Purposes Only: The AI-generated images are forillustrative purposes only and should not be interpreted as an accurate or guaranteed depiction of the completed work. These images are designed to offer a hypothetical visualization based on available data, but the actual project outcome may vary substantially.
- No Guarantee of Similarity: The Client acknowledges and accepts that the completed work, as performed by the selected Pro, may differ significantly from the AI-generated images. Factors such as the Pro’s execution, material availability, environmental conditions, and other variables may result in a final product that bears no resemblance to the AI visualization.
WorkDone expressly disclaims all warranties, express or implied, regarding the accuracy, completeness, or suitability of the AI-generated images. Clients should not rely on the AI feature as a definitive measure of what the final project will look like and should consult with the Pro directly to discuss realistic expectations.
No Liability for AI Discrepancies:
WorkDone assumes no responsibility or liability for any discrepancies, dissatisfaction, or claims arising from differences between the AI-generated images and the actual work delivered by the Pro. Any reliance on the AI feature is at the sole risk of the Client, and WorkDone encourages Users to engage in direct communication with Pros to clarify project details and outcomes.
22.3 Limitation of Liability
To the fullest extent permitted by law, WorkDone shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Platform, including, but not limited to:
- Loss of profits, business, or revenue due to the use or inability to use the Platform.
- Loss of data or damages to personal property, reputation, or goodwill.
- Personal injury or property damage resulting from services provided by Pros, whether arising from negligence, misconduct, or any other cause of action.
- Errors, omissions, interruptions, or delays in the Platform’s services, communications, or availability.
Total Liability Cap:
In no event shall WorkDone’s total liability to you for any claims, damages, or losses arising out of or related to your use of the Platform or the services provided by Pros exceed the total amount of fees, if any, that you have paid to WorkDone in the twelve (12) months immediately preceding the claim.
Specific Exclusions:
This limitation of liability applies to all claims, regardless of whether they are based on breach of contract, tort (including negligence), strict liability, violation of statute, or any other legal theory. Additionally, certain jurisdictions may not allow the exclusion of certain warranties or limitations on liability for incidental or consequential damages. In such jurisdictions, WorkDone's liability will be limited to the fullest extent permitted by applicable law.
Acknowledgment and Assumption of Risk:
By using the Platform, you acknowledge and agree that the inherent risks associated with relying on independent contractors (Pros) for services are assumed solely by you. WorkDone encourages Users to exercise due diligence and judgment in selecting and working with Pros, as WorkDone will not be held responsible for any issues, dissatisfaction, or disputes that arise during or after the completion of services.
3. Intellectual Property and User Content
23.1 Ownership of Content
As a User of the Platform, you retain ownership of any and all content that you submit, post, upload, or display on or through the Platform, including but not limited to text, photos, reviews, ratings, communications, chat messages, and other multimedia content (collectively referred to as 'User Content'). This means that as the creator of your content, you continue to hold the intellectual property rights to the materials you produce and post.
However, by submitting or posting User Content on or through the Platform, you grant WorkDone an irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, sub-licensable, and transferable license to use, reproduce, distribute,modify, adapt, publish,publicly display, perform, and create derivative works from your User Content in connection with:
- The operation, promotion, and marketing of the Platform.
- Improvement and development of WorkDone's services, including but not limited to data analysis, machine learning, and algorithmic improvements.
- Use in advertising, publicity, or other promotional materials related to WorkDone.
License Duration and Scope:
This license granted to WorkDone is irrevocable, perpetual, and worldwide, meaning it remains in effect even after you delete your content from the Platform or terminate your account. The license is also non-exclusive, meaning you are free to use your content for your own purposes or to allow others to use it. However, you cannot revoke this license as long as WorkDone continues to operate the Platform.
Purpose of License:
This license allows WorkDone to provide the Platform’s core services, such as displaying your reviews, photos, or messages in the appropriate context (e.g., in listings, profiles, search results, or promotional campaigns). It also enables WorkDone to promote the Platform, showcase User experiences, and enhance the overall functionality and user interface. This license does not confer ownership of your User Content to WorkDone but allows WorkDone the necessary rights to use your content in connection with operating and promoting the Platform.
Waiver of Moral Rights:
To the fullest extent permitted by law, you agree towaive any moral rights or similar rights in any jurisdiction with respect to attribution or integrity of your User Content. This means that WorkDone may use, edit, or adapt your content without being required to attribute it directly to you or maintain the content in its original form.
23.2 Use of Photos, Reviews, and Chats
As part of the services offered on the Platform, Users (both Clients and Pros) may upload and share various forms of content, including but not limited to:
- Photos of tasks, projects, or services they wish to have completed.
- Reviews and ratings of Pros or Clients based on completed tasks.
- Chat logs or other communications exchanged through the Platform’s messaging system.
Representation and Warranty of Rights:
By submitting any User Content, including photos, reviews, or chat messages, you represent and warrant that:
- You Own or Control the Rights: You either own the content or have the necessary rights, licenses, and permissions to upload, post, or share it on the Platform. This includes permission from any third-party individuals or entities depicted or referenced in the content.
- No Violation of Third-Party Rights: Your User Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party. You must not upload or share content that contains copyrighted material, proprietary information, or personally identifiable information unless you have obtained explicit permission to do so.
- Legal Compliance: You comply with all applicable laws and regulations regarding the creation, sharing, and use of your User Content. This includes compliance with copyright laws, data protection laws, and any local regulations governing user-generated content.
Grant of Rights for Photos and Reviews:
By uploading or sharing photos, reviews, or chat logs, you agree that WorkDone may:
- Display and Distribute the Content: WorkDone may display your photos, reviews, or chat communications publicly on the Platform, including within task listings, Pro profiles, and other related areas. This enhances the transparency of interactions between Clients and Pros.
- Modify or Adapt the Content: WorkDone may modify, crop, or adapt photos and reviews to ensure they fit within the design, functionality, or aesthetics of the Platform. For instance, photos may be resized or compressed for web optimization.
- Repurpose for Promotional Use: Your reviews, images, or other content may be repurposed by WorkDone for advertising, marketing, or promotional activities, either on the Platform itself or in external media such as social media channels, print, or online ads. By submitting content, you consent to WorkDone using your content for such purposes without further notice or compensation.
User Responsibility for Content Accuracy:
You are solely responsible for the accuracy, truthfulness, and completeness of the content you submit. You acknowledge that WorkDone does not guarantee the accuracy or reliability of User Content, including reviews, ratings, or photos posted by other Users. Users should rely on their own judgment when viewing content and interacting with other Users.
Prohibited Content:
You agree that you will not upload, post, or share any content that:
- Contains false, misleading, defamatory, or abusive language.
- Is obscene, offensive, or discriminatory on the basis of race, gender, sexual orientation, or religion.
- Promotes illegal activities or is intended to harass, intimidate, or harm another person.
- Violates the intellectual property rights of any third party, including copyrights, trademarks, patents, or trade secrets.
- Includes malware, viruses, or any harmful software that could disrupt the Platform’s functionality.
WorkDone reserves the right to remove, block, or modify any User Content that violates these Terms or is deemed inappropriate, harmful, or unlawful at its sole discretion. Repeated violations may result in the suspension or termination of your account.
4. User Responsibilities
24.1 Client Responsibilities
As a Client using the Platform, you are responsible for ensuring that all the information you provide, whether related to task descriptions, images, or communications with Pros, is accurate, truthful, and complete. Your interactions with Pros and the manner in which you post tasks must align with the following principles:
- Accuracy of Task Information:
When posting a task on the Platform, you must ensure that the description of the work is clear, complete, and accurate. This includes providing sufficient details about the scope of work, location, timelines, and any special requirements that may affect the Pro’s ability to perform the task. Any images or additional materials you provide should reflect the current condition of the project or task to the best of your knowledge. - Truthfulness in Communication:
You agree to engage in honest and transparent communication with Pros. You must not mislead Pros by withholding critical information, exaggerating task requirements, or falsely representing the scope of the project. Misrepresentation can result in disputes, and it is your duty to ensure that all shared information accurately reflects the nature of the task. - Compliance with Laws:
As a Client, you are responsible for ensuring that the tasks you post comply with all applicable local, state, national, or international laws. You agree not to solicit any illegal activities or services through the Platform. Any attempt to engage Pros in unlawful or unethical activities, such as unlicensed work or activities that violate zoning, safety, or labor regulations, will result in the immediate suspension of your account and possible legal action. - Providing Feedback and Reviews:
Once a task is completed, you are encouraged to provide constructive, accurate, and fair feedback regarding your experience with the Pro. This review process helps maintain transparency within the WorkDone community and ensures that other Users can make informed decisions based on previous engagements. - Timely Payment:
Clients are required to pay Pros promptly upon satisfactory completion of a task, in accordance with the agreed-upon terms. Failure to make timely payments may result in account suspension, and WorkDone may take further action, including but not limited to reporting non-payment to collection agencies, if necessary. - No Unsolicited Requests:
Clients are prohibited from using the Platform to send unsolicited messages, promotions, or advertisements to Pros outside of the scope of the specific task in question. You agree to respect the boundaries of the Platform and not engage in spamming or excessive messaging.
24.2 Pro Responsibilities
As a Pro, you have a duty to maintain professionalism and ensure that the services you offer through the Platform are executed in accordance with all applicable legal and ethical standards. Your responsibilities as a Pro include:
- Professionalism and Communication:
Pros must maintain a high level of professionalism in all interactions with Clients. This includes clear communication regarding the scope of the work, timelines, payment terms, and any limitations that may impact the task. Failure to communicate effectively or failure to meet agreed-upon expectations may result in negative reviews or account termination. - Licensing, Insurance, and Certification:
You agree that you are solely responsible for obtaining and maintaining any necessary licenses, permits, certifications, or insurance required for the services you provide. These legal requirements may vary depending on the jurisdiction, and it is your responsibility to ensure compliance with applicable local, state, or national regulations. WorkDone does not verify or guarantee the licensing or qualifications of Pros and shall not be held liable for any unlicensed work performed. - Compliance with Laws and Regulations:
Pros must comply with all applicable laws, regulations, and industry standards when performing services. This includes adherence to labor laws, safety standards, building codes, and any other regulations relevant to the work being performed. If a Client requests a service that violates legal or safety requirements, you must decline the task and notify WorkDone immediately. - Service Quality and Timeliness:
Pros are responsible for providing the services as agreed with the Client, in a timely and professional manner. You agree to complete the task to the best of your ability, using reasonable care and skill. Failure to meet the Client’s expectations or provide the agreed-upon services may result in disputes, negative reviews, or account suspension. - No Subcontracting Without Consent:
Pros may not subcontract the work to another individual or business without the express consent of the Client. If the Client agrees to subcontracting, you remain responsible for the quality and completion of the work, and for ensuring that the subcontractor adheres to the same standards of professionalism and legality. - Accountability for Tools and Equipment:
Pros are expected to use their own tools, equipment, and materials to complete tasks unless otherwise agreed upon with the Client. Any damages or injuries resulting from the use of improper or faulty equipment are the sole responsibility of the Pro. WorkDone is not liable for any losses, damages, or injuries caused by a Pro’s tools or equipment.
24.3 Review and Rating System
WorkDone maintains a review and rating system to ensure transparency, accountability, and trust between Users. Both Clients and Pros are encouraged to leave feedback after a task is completed. This feedback is essential for building a credible community, as it informs future interactions and decisions between Users.
- Honesty and Integrity:
All reviews must be honest, fair, and based on your direct experience with the other party. Fabricating reviews or providing false feedback is strictly prohibited. Manipulating or falsifying reviews, whether directly or through third parties, undermines the integrity of the review system and will result in serious penalties, including account suspension or permanent termination from the Platform. - Prohibited Behaviors:
You agree not to:- Post reviews or feedback that are defamatory, abusive, discriminatory, or inappropriate.
- Engage in the exchange of favorable reviews for compensation, discounts, or other incentives, either with the intent of improving your own reputation or diminishing the reputation of another User.
- Use the review system to harass, intimidate, or coerce other Users, or to solicit additional work outside the bounds of the Platform.
- Consequences of Violating Review Policies:
Any attempt to manipulate the review system, post fraudulent reviews, or retaliate against another User for a negative review may result in the immediate suspension of your account. WorkDone reserves the right to remove or edit any review that violates these Terms, and may take further action, including legal remedies, where necessary. - Review Disputes:
If you believe a review posted about you is false or unfair, you may contact WorkDone’s support team for review dispute resolution. WorkDone will investigate the claim and, if necessary, take appropriate action, which may include removing the review or mediating between the involved parties.
5. Subscription Terms for WorkDone Pro and Use of Credits
25.1 Subscription and Billing
WorkDone offers a premium plan for Pros, known as WorkDone Pro, which provides access to enhanced features designed to give Pros a competitive edge on the Platform. These features may include, but are not limited to, bundled credits, priority search ranking, competitor insights, and enhanced profile visibility.
Subscription Plans:
- WorkDone Pro is available on a weekly or monthly subscription basis. Each subscription term will automatically renew at the end of the applicable billing cycle unless canceled by the Pro before the renewal date.
- By subscribing to WorkDone Pro, you agree to provide a valid payment method, such as a credit card or other accepted payment method, and authorize WorkDone to charge the recurring subscription fee to this payment method. The subscription will continue to renew automatically until you cancel it in accordance with these Terms.
Payment Terms:
- Automatic Billing: When you subscribe to WorkDone Pro, you authorize WorkDone to automatically charge your selected payment method for the subscription fee at the beginning of each billing cycle (either weekly or monthly). WorkDone will attempt to notify you of any upcoming renewals, but you remain responsible for ensuring your payment information is up to date and that your subscription is current.
- Subscription Fee Adjustments: WorkDone reserves the right to change subscription fees for WorkDone Pro at any time. If there is a fee increase, WorkDone will notify you of the new rate at least thirty (30) days before it takes effect. If you do not agree to the new subscription fee, you must cancel your subscription before the start of the next billing cycle.
- Cancellation Policy: You may cancel your WorkDone Pro subscription at any time by accessing your account settings. Cancellations will take effect at the end of the current billing cycle, meaning you will continue to have access to WorkDone Pro features until the conclusion of the billing period you have already paid for. No refunds will be provided for partial months, unused features, or unused credits.
- Failed Payments: If a payment for your subscription fails due to an expired credit card, insufficient funds, or other issues, WorkDone may attempt to charge the payment method again. If the payment remains unsuccessful, your subscription and access to WorkDone Pro may be suspended or terminated. You are responsible for updating your payment information to avoid interruptions in your subscription.
Refund Policy:
- No Refunds for Subscription Fees: Once you have been charged for a billing cycle (weekly or monthly), WorkDone will not provide refunds, including for partially used weeks or months, unused features, or unused credits. Subscriptions are considered final once the payment is processed.
- Exceptions for Termination by WorkDone: If WorkDone terminates your account without cause (i.e., not due to a violation of these Terms), we may, at our sole discretion, offer a pro-rata refund for the unused portion of your subscription.
25.2 Credits
WorkDone operates on a credit-based system for Pros, which allows them to place bids on tasks posted by Clients. Credits serve as the currency within the Platform and are essential for Pros who wish to offer their services to Clients.
Purchase and Use of Credits:
- Credits as Currency: Credits are used by Pros to place offers (bids) on tasks posted by Clients. The cost of placing a bid varies depending on factors such as the type of task, the task’s complexity, and current demand. Credits can either be purchased as part of a WorkDone Pro subscription plan or independently.
- Credits Included in WorkDone Pro Subscription: When subscribing to WorkDone Pro, Pros receive a set number of credits as part of their subscription package. These credits are non-transferable and are designed to help Pros place offers on multiple tasks during the subscription period.
- Non-Refundable: All credits purchased, whether as part of a subscription or individually, are non-refundable, regardless of whether they are used or not. Credits have no cash value and cannot be redeemed for money, goods, or services outside of the Platform.
Credits Purchased Without Subscription:
- Standalone Credit Purchases: In addition to subscription-based credits, Pros may choose to purchase credits independently of any subscription. These standalone credits come with an extended expiration date compared to subscription-based credits, providing greater flexibility for Pros who prefer not to commit to a weekly or monthly subscription.
- Longer Expiration Period: Credits purchased without a subscription may remain active for a longer period (as specified by WorkDone), allowing Pros to use them over a more extended time frame. The exact expiration period will be communicated at the time of purchase, and WorkDone reserves the right to adjust the expiration period for non-subscription credits in the future.
- No Subscription Required: Unlike credits that are bundled with a WorkDone Pro subscription, standalone credits do not require a recurring payment plan and may be purchased in bulk or as needed by the Pro.
Credit Expiration and Adjustments:
- Credit Expiration: WorkDone reserves the right to set an expiration date for unused credits. If credits are not used within a specific timeframe (as specified by WorkDone), they may expire and be removed from the Pro's account. Credits purchased without a subscription may have a longer expiration period, offering more flexibility for Pros who use credits sporadically. WorkDone will attempt to notify Pros before credits are set to expire, but it is the Pro’s responsibility to use credits within the valid period. Once credits expire, they cannot be restored.
- Changes in Credit Pricing: WorkDone may, from time to time, adjust the pricing structure for credits or the number of credits required to place offers on tasks. These adjustments may reflect changes in market conditions, platform demand, or other relevant factors. Pros are advised to regularly review the current pricing structure, as any changes will be applicable immediately upon notification.
- Non-Transferability of Credits: Credits are non-transferable and tied to the specific Pro account in which they were purchased or granted. Credits cannot be gifted, shared, or transferred between accounts, nor can they be sold or exchanged for cash. Any attempt to transfer or sell credits outside the authorized methods outlined by WorkDone will result in the forfeiture of the credits and possible account suspension.
Abuse of Credits:
- Prohibited Conduct: Any attempt to manipulate the credit system, including but not limited to using fraudulent payment methods to purchase credits, circumventing the bidding system, or creating multiple accounts to exploit credit offers, is strictly prohibited. Such behavior may result in the forfeiture of credits, suspension of the Pro’s account, and potential legal action.
- Account Suspension Due to Credit Misuse: If WorkDone detects any misuse of credits, including attempting to place fraudulent bids or using credits for unauthorized purposes, we reserve the right to suspend or terminate the Pro's account without notice. In such cases, any remaining credits will be forfeited, and no refund will be issued.
Credit Refunds Due to Platform Errors:
In the event that WorkDone experiences a system malfunction or error that results in the loss or improper usage of a Pro's credits, we may, at our discretion, provide a credit refund or restoration to the affected account. However, this will only apply togenuine platform errors and not to errors caused by the Pro’s misuse or misunderstanding of the credit system.
6. Privacy and Data Protection
WorkDone is committed to safeguarding your privacy and handling your personal information in a responsible and secure manner. This section outlines how we collect, use, and protect your personal data when you use the Platform.
26.1 Collection of Personal Data
By using the WorkDone Platform, you consent to the collection of your personal data, which may include but is not limited to:
- Account Information: Information you provide when creating an account, such as your name, email address, phone number, profile photo, and payment details.
- Task-Related Information: Information you share when posting or bidding on tasks, such as descriptions of the work, photos, project timelines, and your location. This may also include messages exchanged between Clients and Pros through the Platform’s chat system.
- Location Data: If you enable location-based services, WorkDone may collect your real-time location data through your device’s GPS or through the use of map features integrated into the Platform. Location data helps facilitate the matching of Clients with nearby Pros and allows for better task management.
- Device Information and Usage Data: We may collect technical information about your device and usage patterns, such as your IP address, browser type, operating system, and interactions with the Platform (e.g., search queries, page views, or login times). This helps us optimize the functionality of the Platform and improve your overall user experience.
- Chat Logs and Communication Records: Any communications that take place through the Platform’s messaging system, including text, photos, and files shared between Users, are stored for operational purposes, task dispute resolution, and user experience improvement.
Your Consent:
By creating an account and using the WorkDone Platform, you explicitly consent to the collection and processing of the above-mentioned data, as well as any additional information you may provide throughout your interactions with the Platform. You understand and agree that your personal data may be collected automatically when you use the Platform or voluntarily when you submit information.
Children’s Privacy:
WorkDone’s Platform is intended for use by individuals who are 18 years or older. We do not knowingly collect personal information from children under 18. If we become aware that we have inadvertently collected personal information from a child, we will take steps to delete such information from our records.
26.2 Use of Data
WorkDone uses your personal data to enhance your experience on the Platform and to facilitate the provision of services. Specific uses of your data include, but are not limited to:
- Service Facilitation:
WorkDone uses the data you provide to facilitate the connection between Clients and Pros. This includes using your location data to match you with nearby Pros, allowing you to communicate through the Platform’s chat system, and helping you post, search for, or bid on tasks. The information you share, such as task descriptions, reviews, and photos, is used to facilitate interactions and transactions between Users. - Payment Processing:
WorkDone processes your payment information to facilitate financial transactions on the Platform. We use third-party payment processors to handle payment information securely, and your credit card or other payment details are not stored on WorkDone’s servers. These third-party providers are subject to their own privacy policies, which we recommend you review. - Analytics and User Experience Improvement:
We analyze user data, including usage patterns and behavior, to improve the functionality of the Platform. For example, we may use data to identify bugs, enhance navigation, optimize the user interface, or introduce new features based on user preferences and activity. These analytics help us better understand how users interact with the Platform and guide future updates. - Marketing and Promotions:
With your consent, WorkDone may use your data for marketing purposes, such as sending promotional emails, special offers, or notifications about new features and services. We may also use anonymized or aggregated data to create marketing materials that showcase the Platform’s value. You can opt out of receiving marketing communications at any time by adjusting your account settings or following the opt-out instructions in marketing emails. - Legal Compliance and Dispute Resolution:
WorkDone may use personal data to comply with applicable laws and regulations or to respond to legal requests, such as subpoenas, court orders, or government investigations. Additionally, we may use your data to resolve disputes between Users, investigate fraud, or enforce our Terms of Service. - Third-Party Sharing:
WorkDone may share your data with trusted third-party service providers who assist in operating the Platform, including payment processors, analytics providers, customer support services, and marketing agencies. These third parties are contractually obligated to maintain the confidentiality and security of your data and are not permitted to use your personal information for any purpose other than providing services to WorkDone.
Your Rights Regarding Data Use:
- Access and Review: You have the right to access and review the personal data we collect about you. You can view and update much of this data by logging into your account.
- Data Portability: Upon request, you have the right to receive a copy of your personal data in a commonly used, machine-readable format.
- Data Deletion: You can request the deletion of your personal data, subject to certain exceptions (e.g., when data is needed for legal compliance or to resolve disputes). Please note that some data may remain stored in our backup systems for a limited time.
- Opt-Out: You can opt out of receiving marketing communications by updating your preferences in your account settings or using the unsubscribe feature in our emails.
26.3 Data Protection
WorkDone takes reasonable and appropriate measures to protect your personal data from unauthorized access, disclosure, alteration, and destruction. However, despite our best efforts, no method of data transmission or storage is completely secure. As such, we cannot guarantee the absolute security of your personal information.
Security Measures in Place:
- Encryption: We use industry-standard encryption protocols, such as SSL/TLS, to protect sensitive data (e.g., payment information) during transmission. This ensures that your personal information is protected while being transmitted between your device and our servers.
- Access Controls: WorkDone limits access to personal data to authorized employees, contractors, and third-party service providers who need to know that information to operate, develop, or improve the Platform. These individuals are bound by strict confidentiality obligations.
- Regular Security Audits: We regularly assess our security practices and systems to identify vulnerabilities and improve our security posture. We also work with third-party security experts to conduct vulnerability assessments and audits of our data protection protocols.
- Breach Notification: In the unlikely event of a data breach that compromises your personal information, WorkDone will notify you as required by applicable laws and regulations. We will also take appropriate measures to mitigate the breach and prevent future occurrences.
Limitation of Liability:
While we are committed to protecting your personal data, you acknowledge and agree that WorkDone cannot be held liable for any unauthorized access, theft, loss, or disclosure of your data due to factors beyond our control, such as hacking, malware, or physical breaches. By using the Platform, you assume the risks associated with the storage and transmission of your personal information.
User Responsibilities for Data Security:
You are responsible for safeguarding your account credentials and ensuring that your password remains confidential. We recommend using strong, unique passwords and enabling two-factor authentication (if available) to enhance your account security. If you suspect that your account has been compromised, you must notify WorkDone immediately so that appropriate action can be taken.
7. Account Suspension and Termination
WorkDone strives to maintain a trustworthy, safe, and effective platform for all its Users. However, there are certain behaviors and violations that may result in the suspension or termination of your account. This section outlines the grounds for suspension or termination and what happens to your account and associated content or credits when such actions occur.
27.1 Grounds for Suspension or Termination
WorkDone reserves the right to suspend or terminateyour account at any time, with or without prior notice, if we believe, in our sole discretion, that you have violated these Terms, engaged in fraudulent, illegal, or unethical activities, or misused the Platform in any way. Specific grounds for suspension or termination may include, but are not limited to, the following:
- Violation of Terms of Service:
Any breach of these Terms, including the violation of User responsibilities, misuse of the review system, or failure to adhere to the WorkDone policies, may result in immediate suspension or termination of your account. - Fraudulent or Illegal Activity:
Engaging in fraudulent activity, such as providing false identity information, using stolen payment methods, or attempting to defraud other Users, is strictly prohibited. Additionally, any illegal conduct, including but not limited to engaging in criminal activity, promoting illegal services, or violating local, state, national, or international laws while using the Platform, may result in account termination. - Misrepresentation of Identity or Credentials:
If you misrepresent your identity, qualifications, or services, either as a Client or Pro, WorkDone may suspend or terminate your account. This includes the use of fake names, fraudulent licenses, unverified credentials, or impersonating another individual or business entity. - Creation of Multiple Accounts:
Creating more than one account per User, unless specifically authorized by WorkDone, is prohibited. Using multiple accounts to manipulate task bids, review scores, or credits will result in the termination of all associated accounts. - Manipulation of Reviews and Ratings:
Any attempt to manipulate or falsify reviews, whether through collusion with other Users, providing false feedback, or creating fake accounts to post deceptive reviews, is strictly prohibited and will lead to account termination. This applies to both positive and negative manipulation of reviews. - Posting False or Misleading Information:
Posting false, misleading, or inaccurate information about a task, service, or yourself is grounds for suspension. Clients and Pros are expected to provide truthful and accurate descriptions of tasks and services. - Spamming or Misuse of Communication Features:
Spamming other Users, sending unsolicited messages, or using the Platform’s chat or messaging features for purposes unrelated to the posted tasks (e.g., promoting third-party services or sending inappropriate content) may result in account suspension or termination. - Misuse of Credits or Payment System:
Any abuse or manipulation of the credit system, such as attempting to circumvent payment for services, making fraudulent credit purchases, or engaging in unauthorized transactions, will lead to account suspension or termination. - Harassment or Discriminatory Behavior:
WorkDone has a zero-tolerance policy for harassment, discrimination, or abusive behavior. Any conduct that is harmful, threatening, harassing, discriminatory, or offensive based on race, gender, religion, sexual orientation, or any other protected class may result in immediate termination of your account. - Violation of Privacy or Data Protection Rules:
Misusing or exploiting other Users' personal information, such as sharing private data without consent, accessing unauthorized accounts, or violating data privacy laws, may result in suspension or termination. WorkDone takes privacy violations seriously and reserves the right to pursue legal action in cases of data misuse. - Use of the Platform for Unlawful Purposes:
Using the Platform for any unlawful purposes, including posting tasks that involve illegal services, engaging in prohibited activities, or using the Platform to facilitate illegal transactions, is strictly forbidden. Any such activity will lead to immediate termination and potential legal consequences.
Notice of Suspension or Termination:
While WorkDone may attempt to provide notice of account suspension or termination, in certain cases, especially where fraudulent or illegal activity is suspected, no prior notice may be given. Users are encouraged to regularly review their accounts and adhere to these Terms to avoid unexpected suspension or termination.
27.2 Effects of Termination
When your account is terminated, several immediate consequences will occur, as outlined below:
- Loss of Access to Platform:
Upon termination, your ability to access the WorkDone Platform will be revoked. This means you will no longer be able to log into your account, view your task history, or interact with other Users on the Platform. Any active bids, ongoing communications, or scheduled tasks will be canceled. - Forfeiture of Credits:
Any remaining credits in your account will be forfeited upon termination, regardless of whether they were purchased or earned as part of a subscription plan. WorkDone does not provide refunds for unused credits, and terminated accounts are not eligible to redeem or transfer credits. - Loss of Subscription Benefits:
If you are subscribed to WorkDone Pro, all benefits associated with your subscription will be immediately terminated upon account suspension or termination. This includes access to bundled credits, enhanced search rankings, and competitor insights. No refunds will be issued for the unused portion of your subscription. - Retention or Deletion of Data:
WorkDone reserves the right to retain or delete any User Content or data associated with your account upon termination. This may include retaining reviews, chat logs, task postings, and other account information for legal, regulatory, or operational purposes. However, certain personal data may be deleted in compliance with applicable privacy laws, or upon User request, following termination. - Outstanding Payments:
Any outstanding payments or financial obligations you have as a Client or Pro will remain due even after account termination. WorkDone reserves the right to pursue any unpaid amounts and may involve collections agencies or legal action to recover unpaid balances. Conversely, if WorkDone owes you payments for services rendered, we will attempt to settle those obligations before terminating your account. - Ban from Future Use:
In cases of severe violations, such as fraud, harassment, or illegal activities, WorkDone may impose a permanent ban on your ability to create new accounts or use the Platform in the future. Attempts to circumvent such a ban by creating a new account under a different name, using false credentials, or otherwise disguising your identity will result in immediate termination of any new accounts created.
Appeal Process for Termination:
If you believe your account has been wrongly terminated or suspended, you may contact WorkDone’s support team to request a review of your case. WorkDone will review your account activity, and, at our discretion, we may reinstate your account if we find that the termination was made in error. However, decisions regarding account suspensions or terminations are final and non-negotiable in cases of clear violations of these Terms.
Voluntary Termination:
If you choose to voluntarily terminate your account, you can do so by contacting WorkDone support or navigating to your account settings. In this case, any unused credits or remaining subscription benefits will be forfeited, and no refunds will be issued. Voluntary termination will also result in the permanent deletion of your data from the Platform, unless retention is required by law.
8. Jurisdiction, Dispute Resolution, and Governing Law
This section outlines how legal disputes between WorkDone and Users will be governed and resolved. By agreeing to these Terms, you are waiving certain legal rights, such as the right to a jury trial or to participate in a class action lawsuit, and agreeing to arbitration as the sole means of resolving disputes.
28.1 Governing Law
These Terms, and any disputes arising under or related to them or your use of the Platform, shall be governed by and construed in accordance with the laws of the state of Washington, without regard to its conflict of law principles. This means that any legal issues will be addressed based on Washington state laws, even if you reside in or access the Platform from a different state or country.
No Waiver of Legal Compliance:
Although these Terms are governed by Washington law, you remain responsible for complying with all applicable local, state, national, and international laws in your jurisdiction, including but not limited to laws governing online conduct, data protection, privacy, and the provision of services.
28.2 Dispute Resolution
In the event of a dispute, claim, or controversy between you and WorkDone arising out of or relating to these Terms or your use of the Platform, both parties agree that the matter shall be resolved exclusively throughbinding arbitration, except as provided below for small claims. By agreeing to arbitration, both you and WorkDone waive the right to resolve disputes in court, including the right to a jury trial.
Arbitration Process:
- Rules and Administration: The arbitration shall be administered by the American Arbitration Association (AAA) and shall be conducted in accordance with theAAA’s Commercial Arbitration Rules and any supplementary procedures for consumer-related disputes. These rules are available on the AAA’s website.
- Location of Arbitration: The arbitration will take place in Seattle, Washington, unless both parties mutually agree to an alternative location. If you reside outside of Washington, you may request to participate in the arbitration by telephone or video conference, rather than appearing in person, if that option is available.
- Selection of Arbitrator: The arbitrator will be selected according to the AAA’s rules and must be an attorney or retired judge with experience in the area of technology contracts or the specific industry relevant to the dispute.
- Costs of Arbitration: Each party will bear its own costs and expenses associated with the arbitration, including attorneys’ fees, unless the arbitrator determines that a party is entitled to an award of costs and fees under applicable law. WorkDone may choose to advance arbitration fees or reimburse them upon a finding in its favor, depending on the circumstances.
- Limited Discovery Rights: The parties will have limited rights to discovery (the legal process of obtaining evidence from the other party), as determined by the arbitrator in accordance with the rules of arbitration. The arbitrator has the authority to grant or deny discovery requests and to issue decisions based on the evidence provided.
- Arbitrator’s Authority: The arbitrator has the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or part of these Terms are void or voidable. The arbitrator’s decision will be final and binding, and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver:
Both parties expressly waive any right to bring or participate in class actions, class arbitrations, or other representative actions or proceedings. You and WorkDone agree that all claims and disputes will be resolved individually, and not as part of a class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims, nor may the arbitrator preside over any form of class or representative proceeding.
Small Claims Court Option:
Notwithstanding the arbitration agreement, either party retains the right to bring an individual action in small claims court if the dispute meets the requirements for small claims court, including applicable monetary limits. This option is available only for disputes that qualify under the jurisdiction of small claims courts, and both parties agree that the court’s decision in such a case is final and binding.
28.3 Exceptions to Arbitration
While arbitration is the preferred method of resolving disputes under these Terms, there are limited exceptions where either party may seek relief outside of arbitration:
- Injunctive Relief: WorkDone reserves the right to seek injunctive relief (a court order to stop a particular action or to compel a specific action) in any court of competent jurisdiction, including but not limited to cases involving intellectual property infringement, unauthorized use of the Platform, or violation of data privacy obligations.
- Enforcement of Arbitration Award: Either party may apply to a court of competent jurisdiction to enforce an arbitration award, and a court may enter judgment based on the arbitrator’s decision.
- Violation of Confidentiality or Non-Compete Agreements: If you are bound by any confidentiality or non-compete agreements with WorkDone and violate those agreements, WorkDone may seek legal remedies in a court of competent jurisdiction, in addition to any arbitration proceedings.
28.4 Arbitration Procedure in Case of Multiple Parties
If more than one dispute arises between WorkDone and multiple Users that are factually or legally connected, such disputes may be consolidated into a single arbitration proceeding, subject to the arbitrator’s discretion. However, this will not affect the class action waiver, and consolidated claims will still be resolved individually for each User involved in the arbitration.
28.5 Jurisdiction for Court Proceedings
If arbitration is not required or allowed, or if a matter requires court intervention (such as enforcing an arbitration award or seeking injunctive relief), both parties agree to submit to the personal jurisdiction of the state and federal courts located in Seattle, Washington. You agree that Seattle, Washington is the exclusive venue for any court proceedings, regardless of where you access or use the Platform from.
Waiver of Jury Trial:
In the event that any matter proceeds to court, both parties waive their right to a jury trial. You understand and agree that by agreeing to these Terms, you are waiving the right to have any dispute heard by a jury, and all disputes will be resolved through the court system or through arbitration, as applicable.
28.6 Time Limitation on Claims
Any claim or cause of action arising out of or related to your use of the Platform, these Terms, or any services provided by WorkDone must be filed within one (1) year after the cause of action arises. Failure to file the claim within this time period will result in a permanent bar on that claim. This limitation applies regardless of any statute of limitations or other laws providing for a longer time to bring a claim.
9. Limitation of Obligations and Liabilities
This section outlines WorkDone’s role as a platform provider and intermediary between Clients and Pros, as well as the limitations of our obligations and liabilities. By using the Platform, you agree that WorkDone is not responsible for the services provided by Pros, nor for the specific outcomes or results of those services.
29.1 Intermediary Role
WorkDone operates solely as an online platform that facilitates the connection between Clients and independent professionals or contractors Pros'. We do not supervise, direct, control, or manage the services provided by Pros, nor do we have any involvement in the contractual agreements between Clients and Pros. By using the Platform, you acknowledge and agree that:
- No Employment Relationship: WorkDone is not an employer of the Pros, and Pros are not employees, agents, or subcontractors of WorkDone. Pros act independently, and any agreements regarding tasks, payment, and services are made solely between the Client and Pro.
- No Control Over Task Performance: WorkDone does not control or direct the manner in which Pros perform their services. We do not provide equipment, materials, or training, and we do not monitor the quality, timeliness, or legality of the services provided by Pros. Clients are solely responsible for verifying that the Pro they select is qualified to perform the requested service.
- No Guarantee of Service Availability: WorkDone cannot guarantee that a suitable Pro will be available to accept or complete a Client’s task. The Platform allows Pros to place bids on tasks, but the selection and engagement of a Pro is ultimately at the discretion of the Client and the Pro.
Client Responsibility for Service Engagement:
Clients are responsible for:
- Selecting a Pro: After receiving offers from Pros, the Client must assess the qualifications, reputation, and suitability of the Pro before engaging their services. WorkDone provides tools such as reviews, ratings, and profiles to assist in this process, but the final decision rests with the Client.
- Negotiating Terms: Clients and Pros must directly negotiate the scope of work, payment terms, timeline, and any other details relevant to the task. WorkDone is not a party to these agreements and does not enforce or guarantee the terms agreed upon by the parties.
- Resolving Disputes: Any disputes that arise during or after the completion of a task must be resolved directly between the Client and Pro. WorkDone may offer limited support in facilitating communication, but we are not responsible for mediating or arbitrating disputes.
Pro Responsibility for Service Provision:
Pros are responsible for:
- Performing Services as Agreed: Once a Pro accepts a task, they are responsible for performing the service in accordance with the terms agreed upon with the Client. Pros must ensure that they have the necessary licenses, certifications, or permits required to perform the task and comply with all applicable legal and regulatory requirements.
- Ensuring Service Quality: Pros are solely responsible for the quality of the services they provide. WorkDone does not monitor or review the work performed by Pros, and we do not offer any warranties or guarantees regarding the outcome of the services.
29.2 No Guarantee of Results
WorkDone makes no guarantees, warranties, or representations regarding the outcome, quality, or success of any tasks or services facilitated by the Platform. By using the Platform, you acknowledge and agree that:
- No Guarantee of Task Completion: WorkDone does not guarantee that a Pro will complete a task once it has been accepted, nor do we guarantee that the task will be completed to the Client’s satisfaction. Pros may cancel or fail to complete tasks for a variety of reasons, including personal circumstances, equipment failure, or legal restrictions, and WorkDone cannot be held responsible for such occurrences.
- No Endorsement of Pros: WorkDone does not endorse, certify, or guarantee the qualifications, credentials, or expertise of any Pro. While we may provide reviews, ratings, and profile information to help Clients make informed decisions, we do not independently verify the accuracy of the information provided by Pros. Clients must rely on their own judgment when selecting a Pro.
- No Guarantee of Service Quality: WorkDone does not guarantee the quality of services provided by Pros. Clients may receive services that vary in quality, depending on factors such as the Pro’s skills, materials used, and the nature of the task. WorkDone is not liable for any dissatisfaction, defects, or damages resulting from the services provided by Pros.
- No Guarantee of Timeline or Budget: WorkDone does not guarantee that services will be completed within a specified timeframe or budget. Clients and Pros are responsible for negotiating these terms directly, and any failure to meet agreed-upon timelines or budget expectations is solely the responsibility of the parties involved.
Disclaimer of Warranties:
To the fullest extent permitted by law, WorkDone disclaims all warranties, express or implied, regarding the services provided through the Platform, including but not limited to:
- Warranties of Merchantability: We do not guarantee that the services provided by Pros are of a specific standard, quality, or grade.
- Warranties of Fitness for a Particular Purpose: We do not warrant that the services provided will meet any specific Client needs, requirements, or expectations.
- Warranties of Non-Infringement: WorkDone is not responsible for any claims that a Pro’s services infringe upon the intellectual property rights or other legal rights of third parties.
29.3 Limitations of Liability
To the fullest extent permitted by law, WorkDone shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to:
- Client and Pro Interactions: Any interactions or agreements made between Clients and Pros, including the performance or non-performance of services, payment disputes, or breach of contract.
- Losses or Damages to Property: WorkDone is not responsible for any personal injury, property damage, or financial loss resulting from the services provided by Pros, including damages to a Client’s property, tools, or equipment.
- Data Loss or Security Breaches: WorkDone is not responsible for any loss of data, unauthorized access, or security breaches involving User accounts, including any loss resulting from third-party hacking, phishing attacks, or other cyber threats.
- Loss of Profits or Business Opportunities: WorkDone is not liable for any indirect losses, including loss of business, profits, revenue, or goodwill, resulting from the use of the Platform or the services provided by Pros.
- Force Majeure Events: WorkDone is not responsible for any delays or failures to perform that result from events outside of our control, including but not limited to natural disasters, labor strikes, power outages, or governmental actions.
Limitation on Liability Cap:
In no event shall WorkDone’s total liability to any User for all claims arising out of or related to the use of the Platform exceed the total amount of fees paid to WorkDone by the User within the 12 months preceding the claim. This limitation applies to all claims, regardless of whether they are based on contract, tort (including negligence), strict liability, or any other legal theory.
Assumption of Risk:
By using the Platform, you acknowledge and agree that you assume all risks associated with engaging in services with independent contractors (Pros) and that WorkDone is not responsible for any adverse outcomes or disputes arising from such engagements.
10. Notices
This section outlines how WorkDone will communicate with you regarding important updates, changes to the Terms, and other necessary notices. By using the Platform, you agree to review and acknowledge these communications.
210.1 Methods of Notice Delivery
WorkDone may deliver notices to you using various methods, including but not limited to:
- Email: Notices may be sent to the email address associated with your WorkDone account. It is your responsibility to ensure that your email address remains accurate and up to date. Notices sent via email will be deemed received 24 hours after the email is sent, regardless of whether you have read the email or if it was filtered into your spam or junk folder.
- Regular Mail: In certain cases, WorkDone may deliver notices through regular mail to the postal address associated with your account. Postal notices will be considered received 5 business days after being sent, provided that the mailing address on file is accurate.
- Platform Postings: WorkDone may also deliver notices through postings on the Platform, such as notifications within your account dashboard or other prominent sections of the website or mobile application. These notices may include updates to these Terms, changes to your account, or service updates. Such notices will be considered received once you log into your account and view the posting.
210.2 User Responsibility for Contact Information
You agree that it is your responsibility to maintain accurate and current contact information in your WorkDone account, including your email address, mailing address, and any other contact details. If you fail to provide accurate information or do not update your contact details when they change, WorkDone will not be responsible for any notices you do not receive. It is also your responsibility to regularly check your email inbox, account notifications, and the Platform for updates or notices from WorkDone.
Failure to Receive Notice:
Failure to receive a notice due to inaccurate contact information, spam filtering, or failure to check your messages does not absolve you from the obligations or updates outlined in that notice.
Important Legal Notices:
In the event that WorkDone is required to provide legal notices to you, we may use any of the communication methods described above. Legal notices may include, but are not limited to, notices of disputes, account termination, or changes to the Terms that could significantly impact your rights or responsibilities as a User.
11. General Provisions
This section addresses the overall legal framework of these Terms and any additional agreements or provisions that govern your relationship with WorkDone.
211.1 Entire Agreement
These Terms, along with any additional policies or agreements expressly referenced within them (such as the Privacy Policy, Acceptable Use Policy, and specific feature terms), constitute the entire agreement between you and WorkDone with respect to your use of the Platform. This agreement supersedes any prior understandings, negotiations, or agreements, whether oral or written, regarding your use of the Platform.
No Verbal Modifications:
Any modifications to these Terms must be made in writing and explicitly agreed upon by both you and WorkDone. No verbal agreements, promises, or statements made by any party shall alter or amend the terms outlined in this agreement unless they are formalized in writing.
211.2 Waiver of Rights
WorkDone’s failure or delay in enforcing any provision of these Terms shall not be construed as a waiver of any of our rights or provisions. Even if WorkDone chooses not to enforce a provision in one instance, we retain the right to enforce that provision or any other provision in future instances.
Non-Waiver of Provisions:
The failure of WorkDone to enforce any provision of these Terms does not constitute a waiver of that provision or the right to enforce it in the future. Any waiver of rights or provisions must be made in writing and signed by an authorized representative of WorkDone. Such waivers are limited to the specific circumstances and terms outlined in the waiver agreement.
211.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be amended to the minimum extent necessary to make it valid and enforceable, or, if this is not possible, the provision shall be severed from the agreement.
Partial Invalidity:
If a portion of a provision is found invalid, the remainder of that provision will still apply. The invalid or unenforceable portion will be replaced with a valid and enforceable provision that most closely reflects the original intent of the parties.
211.4 Assignment
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without prior written consent from WorkDone. Any attempt to assign your rights or obligations without consent will be null and void.
WorkDone reserves the right to assign or transfer these Terms, or any rights or obligations under them, at any time without notice. This includes, but is not limited to, a transfer of these Terms in connection with a merger, acquisition, sale of assets, or any other similar transaction.
211.5 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights. Only you and WorkDone (and any permitted successors and assigns) are entitled to enforce these Terms. No other person or entity shall have any right to enforce or rely upon these Terms.
211.6 Survival of Provisions
The provisions of these Terms that, by their nature, should survive termination or expiration of these Terms will survive, including but not limited to provisions relating to:
- Dispute resolution
- Limitation of liability
- Ownership of intellectual property
- Payment obligations
- Confidentiality
These provisions will continue to apply even after you cease using the Platform or your account is terminated.
211.7 Headings
The headings and subheadings used in these Terms are provided for convenience only and have no legal effect. They do not affect the interpretation or construction of these Terms.
BY USING THE WORKDONE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AS WELL AS ANY POLICIES INCORPORATED HEREIN BY REFERENCE, INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY AND ANY SUPPLEMENTAL TERMS SPECIFIC TO SERVICES OR FEATURES OFFERED ON THE PLATFORM. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS PERIODICALLY FOR ANY UPDATES OR CHANGES. YOUR CONTINUED USE OF THE PLATFORM AFTER ANY MODIFICATIONS TO THESE TERMS SIGNIFIES YOUR ACCEPTANCE OF SUCH CHANGES.
We encourage all Users—Clients and Pros alike—to utilize the Platform responsibly, maintain open and honest communication, and adhere to the ethical standards outlined in these Terms to ensure a positive and productive experience for everyone involved.
If you have any questions or concerns about these Terms, or if you need assistance with your account, please contact WorkDone at [support@workdonecorp.com].
Thank you for choosing WorkDone Corp., and we look forward to connecting you with skilled professionals to help you achieve your goals.