Terms of Use Workee platform

Last updated: September 10th, 2023

Please read these Terms of Use (“Terms“) carefully before using the Workee platform available following the link workee.net (“Platform”) — the service designed for freelancers and professionals rendering online services to their clients (“user” or “you”).

The Platform is owned and operated by Workee Inc. (“Workee” or “we”).

These Terms contain important information about your legal rights and obligations. If you do not agree with these Terms, please delete your Account and do not use the Platform.

Our Privacy Notice describes our collection and use of personal data related to Users’ and their clients’ access and the Platform's use.

Our Cookie Policy explains why, how, and when we use cookies on our Platform.

Sign-up process
Problems with the Account
Account deletion

Rules for the Users

Prohibited activities
Impact measures

Payments and subscription

Payments terms
Subscription cancellation

Refund policy

Refund from Workee to Users
Refunds from Users to their clients

Content and intellectual property rights

Workee Content
User Content
DMCA takedown

Third-party services and websites
Warranties and disclaimers
Limitation of liability
Indemnification
Applicable law and dispute resolution
Communication
Termination

Termination by Workee
Termination by User
Termination consequences

Support
Other terms
Contact information

Entire Agreement

These Terms and any policies, including our Privacy Notice and Cookie Policy for the Platform and any operating rules published on the Platform regarding relationships with the users, constitute the entire legally binding agreement and understanding between users and Workee governing their use of the Platform (“Agreement”).

When you use the Platform, you declare and warrant that:

you have read, understand, and hereby agree to be legally bound by and to comply with these Terms in full;
you are an individual with full legal capacity, which means you have reached the legal age and are not restricted otherwise (otherwise, you can use the Platform exclusively with the involvement of a parent or guardian);
if you act on behalf of the legal entity, you are duly authorised to represent such an entity in entering into this Agreement;
according to your local jurisdiction, you are eligible to enter into the Agreement and have no restriction to use the Platform;
you comply with these Terms and all applicable laws and regulations.

Workee Services

The Platform provides users with the functionality for creating their no-code website with built-in bookings, payments, video calls, and invoicing to automate a freelance business and more in one place (“Services”).

The Platform also provides the functionality for the Users' clients for their better communication and cooperation with the users.

Account

You must create a personal account (“Account”) to use the Platform. You may create the Account with your:

Google account. Specify it, and your Account will be created automatically using your Google account’s credentials; or
Email address. Specify your first and last name and password, created especially for access to the Platform.

Problems with the Account

You may not transfer or assign your Account to someone else. Your responsibility is to ensure that your use of the Platform and Account does not contravene the Agreement, applicable laws, rules, or regulations. You must provide accurate and complete information during the sign-up process and keep your Account’s credentials up to date.

Please notify us immediately if:

you know or have any reason to suspect that someone has gained access to your Account without your authorisation;
your credentials have been lost, stolen, misappropriated, or otherwise compromised.

If you have lost a password to your Account, you may reset it with the corresponding functionality of the Platform.

Account deletion

You may delete your Account using the corresponding functionality in the Account’s settings. You may restore your Account within one year by logging into it and confirming such restoration.

Rules for the Users

Prohibited activities

You are prohibited from posting and sharing User Content (including during video calls and chats) which:

infringes intellectual property rights (i.e. contains pirated or copyrighted materials without proper authorization);
discloses personal or confidential information without consent, such as phone numbers, email addresses, social security numbers, etc.
is offensive by its nature, such as content that promotes racial or ethnic offences, toxicity, bigotry, hatred, physical harm of any kind against any group or individual, animal cruelty;
contains information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libellous, or physical violence or encourages conduct that would be considered a criminal offence or bring forth civil liability;
promotes false or misleading health-related information, including unproven or harmful medical practices.
displays or propagates the use of drugs in any form (including pills or cigarettes);
displays or propagates violence with the use of any weapon;
bullies, harasses, or threatens another individual;
promotes sex-related entertainment, commits intimate suggestions, escort services, or other services that may be interpreted as providing sexual acts in exchange for compensation;
demonstrates a nude body, offensive gestures and motions;
displays or promotes pornographic or sexually explicit material of any kind, including underage;
contains not authorized advertising, spam, solicitations, contests, sweepstakes, barter, and pyramid schemes.

Workee may, but is not obliged to control User Content, is not responsible for it, and makes no representations or warranties to any User Content.

Please contact us if you find any User Content violating these Terms or your rights.

Impact measures

If you notice any prohibited activities on the Platform, please contact us.

We may apply the following impact measures if we find that Users have committed actions prohibited by these Terms:

warning;
blocking the user’s Account.

If you object to the blocking of your Account, contact us. We will consider your objection and revise our decision.

At our sole discretion, we reserve the right to take action without compensation to users in the event of reasonable and sufficient grounds to believe that a violation has occurred.

Payments and subscription

To use the Platform’s functionality, you must choose one of our subscription plans, which differ in the available Services list and subscription fee. You can learn more about our subscription plans and their actual prices on the pricing page of the Platform’s website.

We reserve the right to change the subscription plans’ fee and the list of Services available under them at any time. We will notify you about any significant changes.

At our sole discretion, we may apply price discounts to subscription plans, promotional codes, promotions, sales, etc., the terms of which will be available on the Platform’s website..

PLEASE READ OUR REFUND POLICY AND THE “WARRANTIES AND DISCLAIMERS”, “LIMITATION OF LIABILITY” SECTIONS OF THE TERMS BEFORE ANY PAYMENTS ARE MADE.

Payment terms

You must pay the chosen subscription plan’s stipulated fee to use the Platform.

The subscription fee may be charged or withheld from the payments you obtain from the Clients (depending on your chosen subscription plan).

If your subscription plan stipulates a fee in the form of:

regular payments (monthly, annually) – we will charge you at the date of your subscription plan choice and transferring your payment data through the Platform;
a percentage of the payments you obtain from the Clients – we will charge you when you receive the payment from your Client.

The renewal date of the subscription plan that stipulates a regular subscription fee withholding is the exact day of the following month / year of its purchase.

The subscription fees paid via third-party payment services may include other mandatory payments (for instance, commissions). These payments are not included in the subscription fees.

The price of the Platform’s paid subscription plans includes all applicable taxes payable by us.

When you use third-party payment services, you are subject to rules of such services. We are not responsible for the consequences of your relationships with such services.

When you use third-party payment services, you are subject to their rules. We are not responsible for the terms and consequences of your relationships with such payment services.

Subscription cancellation

You may cancel your subscription at any time in your Account. If you cancel your subscription, the paid subscription plan’s functionality will be available until your subscription plan period ends (unless otherwise specified in the Agreement).

Refund policy

Refund from Workee to users

To request a refund, contact us.

You will obtain a full refund for the subscription plan, which stipulates a regular subscription fee withholding if you request a refund within 14 calendar days from the moment of the first payment for it.

If you obtain a refund for the subscription plan, which stipulates a regular subscription fee, its functionality will no longer be available for you from the refund day.

Refund from Users to their clients

Users are solely responsible for the payment terms and refund policies for the services they provide to their clients. Workee does not control users’ funds or provide refunds to users’ clients.

Content and intellectual property rights

Workee Content

The Platform is owned and controlled by Workee. Unless otherwise agreed in writing, all materials on the Platform, including text, graphics, software, information, images, designs, trademarks, logos, photographs, video, sounds, music, and any other materials, and the intellectual property rights in such materials (“Content”) belong to Workee or is included on the Platform with the consent of the owner.

Subject to your compliance with this Agreement, Workee grants you a limited, non-exclusive, non-transferable, revocable worldwide license to access and use the Platform and the Content in the manner provided for in these Terms, including for commercial purposes.

Under this license, you may not:

use any robot, spider, another automatic device, or manual process to monitor, copy, or “scrape” the Content or for any other unauthorised purpose without our prior written consent;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Workee to protect it;
use the Platform for illegal purposes;
change or delete any Workee’s ownership notices from materials downloaded or printed from the Platform;
use the Content or any of its elements in any way not provided for in these Terms without the prior written permission of Workee or owners of the Content.

Any attempt to do so is considered a violation of these Terms and the rights of Workee. If you violate any of these restrictions, your use of the Platform may be reviewed and terminated, and you may be subject to legal actions and damages.

You do not have any intellectual property rights for the Content of the website created through the Platform. You may claim your intellectual property rights only for the user Content published on such a website.

User Content

You may submit text, images, photos, documents, information etc. (“User Content”) through the Platform. You are exclusively responsible for all User Content and the consequences of submitting it through the Platform. We do not verify the User Content’s accuracy, quality, content or legality. We may, but are not obliged to review, analyse, filter, edit or remove any User Content. We are not responsible for preventing or identifying infringement of intellectual property rights or non-compliance with applicable laws. Workee will not be liable, directly or indirectly, in any way for any damage or loss caused or alleged to be caused by or in connection with the User Content.

You are solely responsible for obtaining all necessary consents, licenses and waivers required to submit the User Content through the Platform. These may include consents, licenses and waivers from copyright, trademark and other intellectual property owners, and any other individuals involved in creating the User Content.

By submitting the User Content you represent and warrant that:

you own or have the necessary licenses, rights, consents and permissions to use and publish the User Content;
the uploading of your User Content on the Platform and the licenses granted to Workee under this Agreement do not violate the third parties’ rights; and
no payments of any kind shall be due by Workee to any person (entity) for the use of the User Content.

You retain all rights, titles and interests in and to the User Content you submit through the Platform.

By submitting the User Content through the Platform, you grant Workee a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable license to use, run, host, reproduce, process, translate, adapt, modify, publish, transmit, distribute and display the User Content.

This license gives permission to:

secure, encode, reproduce, host, cache, route, reformat, analyse and create algorithms and reports based on access to and use of the User Content;
use, enhance, personalise, deliver, exhibit, publish, broadcast, publicly display, publicly perform, distribute, create derivative works, promote, copy, store, and reproduce (in any form) the User Content on or through the Platform.

DMCA takedown

Submitting DMCA Notice

If someone believes that our users infringe their intellectual property rights, they can send a Notice of Claimed Infringement to us (“DMCA Notice”) by providing the following information in accordance with the Digital Millennium Copyright Act (“DMCA”):

your physical or electronic signature;
identification of the copyrighted work that you claim has been infringed;
identification of where the material is located on the Website so that we may identify it;
your address, telephone number, and email address;
a statement of your good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Actions taken by Workee

foregoing, we reserve the right, at our sole discretion. to:
remove or disable the allegedly infringing User Content;
notify the user accused of infringement about the DMCA Notice and removal/disabling of the claimed User Content;
ask the user to contact you directly (upon your prior consent only) or to provide you with the user’s contact information (upon the user’s consent only) in order to resolve the issue amicably;
terminate the user’s account or restrict the user’s access to his/her Workee account.

Submitting Counter Notice

If you believe that your User Content claimed to be infringing and therefore removed from Workee does not infringe on any copyrights, you may submit the Counter Notice containing the following information:

your physical or electronic signature;
identification of the counter-claimed content;
a statement that you have a good-faith belief that the content was removed as a result of an inappropriate DMCA Notice;
your contact and identification information, such as a name, address, phone number, email address, etc.;
your consent to the jurisdiction of the U.S. Federal Courts for the judicial districts in which the user and Workee are located, and that such you will accept service of process from the original complaining party;
a reasonable argument detailing opposition to the DMCA Notice sent to Workee by the complaining party, and proof of your legal title to use the claimed content.

Further steps

Upon receipt of the Counter Notice as set forth above Workee will:

forward its copy to the original complaining party;
inform the latter that the content in question may be restored not less than 10, nor more than 14 business days unless the complaining party notifies Workee that the legal action relating to the allegedly infringing content has been filed.

Third-party services and websites

The Platform may contain links to other websites and services governed by third parties, as well as some features of the Platform may be made available or accessed in connection with third-party services or content that Workee does not control.

We are not responsible for the content and services offered through those or any other websites, as well as for any losses, damages, or other liabilities incurred as a result of your use of any third-party websites or services.

You acknowledge that other legal documents may apply to your use of such third-party websites, services, and content.

Warranties and disclaimers

The Platform is provided «as is». Workee explicitly disclaims all warranties, express or implied, regarding the Platform, Content and Services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.

We do our best to keep your data safe and secure and maintain the Platform’s functionality. However, the Platform may be subject to unavailability for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited, or curtailed.

WE ARE NOT RESPONSIBLE FOR DATA LOSS OR THE INABILITY TO USE PASSWORDS OR OTHER INFORMATION FOR LOGIN OR IDENTIFICATION.

WE DO NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF ANYTHING ELSE HARMFUL.

THE PLATFORM’S USERS ARE NOT THE EMPLOYEES OF WORKEE. WE DO NOT GUARANTEE THAT USERS ARE PROFESSIONALS AND EXPERTS IN THE AREAS WHERE THEY ADVISE AND CONSULATE THEIR CLIENTS. WE DO NOT GATHER AND REVIEW INFORMATION ABOUT THEIR DEGREES, QUALIFICATIONS, ETC.

PLEASE NOTE THAT ARTICLES POSTED IN THE USE CASES (BLOG) ARE NOT REAL NEWS STORIES BUT RATHER DEPICT THE RESULTS ACHIEVED BY SOME INDIVIDUALS WHO HAVE USED OUR PLATFORM. THESE RESULTS ARE ONLY EXAMPLES AND MAY NOT BE REPRESENTATIVE OF WHAT YOU WILL EXPERIENCE.

At Workee, we strive for excellence in customer experience. Should you encounter any errors or issues during your use, please don't hesitate to contact us, we will make sure to carfeuly review your request and improve your experience as much as we can.

Liability

We shall not be held responsible if any information, materials, or Content available through the Platform is inaccurate or incomplete and for typographical errors or omissions in the text or other materials. In no event shall Workee, our contractors, subcontractors, employees, or any other team members, officers, members, affiliates, directors, agents, licensor be liable for:

any direct, indirect, incidental, special or consequential damages, including lost profits, loss of data, or damage to property, related to the use or inability to use the Platform;
damage caused by the use of information obtained through the Platform, caused by a defect in the Services provided under these Terms;
any damage caused by any errors, defects, and interruptions in the Platform.

WE WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT WHERE THE DELAY OR FAILURE RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL.

WORKEE SHALL NOT BE LIABLE FOR ANY RESULTS OF YOUR APPLICATION OF THE PLATFORM IN YOUR BUSINESS ACTIVITY.

IN ANY CASE, WORKEE SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF THE SERVICES PROVIDED BY OUR USERS. SUCH INFORMATION SHALL NOT BE CONSIDERED AND USED AS THE INFORMATION PROVIDED BY WORKEE OR REFLECTS ITS POSITION.

Indemnification

You agree to defend, indemnify and hold harmless us from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

any breach by you of any of these Terms;
your use/misuse of the Platform;
a violation by you of applicable law, our or third party’s intellectual property or other rights, or any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defence however we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us so we can execute our strategy.

Applicable law and dispute resolution

These Terms shall be exclusively governed by and construed under the laws of the California State, USA. You agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to these Terms, including, without limitation, those relating to its validity, its construction or its enforceability, shall be settled through amicable negotiations directly with us following the principles of good faith and cooperation. If attempts to reach a consensus through the negotiations fail, the dispute shall be settled by the regional office of the American Arbitration Association in San Francisco, USA in accordance with its rules and State’s legislation by a single arbitrator chosen pursuant to the then-applicable rules. The arbitration proceedings may be conducted in English. If the arbitration clause above is inapplicable, then you consent to the jurisdiction of the federal or state courts of San Francisco, California for purposes of any suit, action, or proceeding arising out of these Terms. Any cause of action or claim you may have must be commenced within one year after the claim or cause of action arises. TO THE EXTENT ALLOWED BY THE APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDINGS TO SETTLE ANY DISPUTE UNDER THESE TERMS SOLELY ON AN INDIVIDUAL BASIS AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT OUR PRIOR WRITTEN CONSENT. relating to its validity, its construction or its enforceability, shall be settled through amicable negotiations directly with us following the principles of good faith and cooperation.

If attempts to reach a consensus through the negotiations fail, the dispute shall be settled by the regional office of the American Arbitration Association in San Francisco, USA in accordance with its rules and State’s legislation by a single arbitrator chosen pursuant to the then-applicable rules.

The arbitration proceedings may be conducted in English.

If the arbitration clause above is inapplicable, then you consent to the jurisdiction of the federal or state courts of San Francisco, California for purposes of any suit, action, or proceeding arising out of these Terms.

Any cause of action or claim you may have must be commenced within one year after the claim or cause of action arises.

TO THE EXTENT ALLOWED BY THE APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDINGS TO SETTLE ANY DISPUTE UNDER THESE TERMS SOLELY ON AN INDIVIDUAL BASIS AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT OUR PRIOR WRITTEN CONSENT.

Communication

By using the Platform and providing us with your contact details, you understand and agree that we may send you electronic notifications via email and Platform regarding, without limitation:

your use of the Platform;
updates of the Platform and these Terms;
commercial emails;
your requests to our support team.

You may unsubscribe from receiving these notifications from us by following the instructions provided in such notifications.

Termination

Termination by Workee

We reserve the right at our sole discretion with prior notice to modify, suspend or discontinue the Platform, Content, Services, features, etc. at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur. We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms or applicable laws, including, without limitation, the suspension or termination of your license and access to the Platform. We may cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong. to you or any third party should any of the preceding occur.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms or applicable laws, including, without limitation, the suspension or termination of your license and access to the Platform.

We may cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong.

Termination by User

You may terminate these Terms by tapping the 'Delete my Account' button and no longer accessing and using the Platform or by contacting us.

Termination consequences

In case of termination:

you will lose access to the Platform, its Services and tools;
terms of Refund Policy will apply subject to your refund request;
all permissions and licenses under these Terms will be immediately terminated.

Support

If you have any technical issues regarding the use of the Platform, contact us and we will do our best to help you.

We sincerely ask you to be polite and friendly, or we will not be able to respond to communications that contain offensive remarks.

Other terms

We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations hereunder. You may only transfer your rights or obligations under these Terms to another individual or entity if we agree in writing.

We reserve the right to modify these Terms or the Platform at any time at our sole discretion. If such changes affect your use of the Platform, we’ll notify you via email or other communication means mentioned above before the changes' effective date. If you continue to use the Platform, you agree to the updated version of these Terms.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions of these Terms will continue to be fully valid, binding, and enforceable.

A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the Platform to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.