2. LICENSES AND THIRD-PARTY CONTENT
2.1 WORKFLEXI’S PROVISION OF THE SITE AND LIMITED SITE LICENSE
We try to keep our Site and the Site Services safe, secure and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Site or Site Services completely or stop providing certain features without notice.
2.2 TERMINATION OF THE LIMITED SITE LICENSE
Workflexi may terminate any license it has granted to any Site Visitor or User to access the Site and Site Services by providing notice, and the termination of such license shall be effective immediately upon Workflexi providing such notice.
2.3 WORKFLEXI’S INTELLECTUAL PROPERTY
Workflexi and our licensors retain all rights, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. The Workflexi logos and names are trademarks of Workflexi and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners.
Nothing in the Terms of Service grants you a right to use any Workflexi Marks.
2.4 YOUR INTELLECTUAL PROPERTY
2.4.1 YOUR OBLIGATIONS AND YOUR INDEMNIFICATION OF WORKFLEXI
When you post User Content on the Site or through the Site Services or provide Workflexi with User Content, you understand and acknowledge that you are solely responsible for such User Content.
Further, you represent and warrant that you have the right, power, and authority to (a) post that User Content without violating the rights of third parties, and (b) grant the licenses specified below.
You acknowledge and agree that the poster of User Content, and not Workflexi, are responsible for any User Content including any harms caused to you, another User, or a third party by such User Content.
You will indemnify, defend, and hold harmless Workflexi, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.
2.4.2 YOUR RIGHTS AND LICENSE TO WORKFLEXI AND OTHER SITE VISITORS
2.4.3 YOUR COMMENTS AND IDEAS
You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place Workflexi under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) you grant us a perpetual and royalty-free license to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, Workflexi does not waive any rights to use similar or related ideas, including those known or developed by Workflexi or obtained from sources other than you.
2.5 THIRD-PARTY INTELLECTUAL PROPERTY
Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of Workflexi. Workflexi neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than Workflexi’s authorized agents acting in their official capacities.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed via the Site is on an “as is” and “as available” basis without any warranty from Workflexi for any purpose.
2.6 COMPLAINTS ABOUT COPYRIGHTED CONTENT ON THE SITE
Workflexi is committed to complying with Copyright Laws of India and related laws and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store any material or content or disseminate any material or content, in any manner that constitutes an infringement of third-party intellectual property rights.
If you are the owner of any copyrighted work and believe your rights under the Copyright Law of India have been infringed by any material on the Site, you may write to us.
3. PERMITTED SITE USES
Workflexi offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. Workflexi makes the Site and Site Services available for Users to find one another, enter into service relationships, make and receive payments, and receive and provide Gig-worker Services. In addition, certain Visitor Site Services, such as the Workflexi Blog and provide, and may be used to obtain, general information and articles that we believe may be of interest to Site Visitors and Users. While we try to ensure that any information we post is both timely and accurate, errors may appear from time to time. We do not make any representations or warranties with respect to any information that is posted on the Site by us or anyone else. In no event should any content be relied on or construed as tax or legal advice or otherwise. You should independently verify the accuracy of any content.
4. PROHIBITED SITE USES
You may not use, or encourage, promote, facilitate, or instruct, induce, or otherwise influence or cause others: (1) to use the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others, or (2) to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
4.1 EXAMPLES OF PROHIBITED USES OF THE SITE
The following are examples of uses that are prohibited on the Site or when using the Site Services:
- Seeking, offering, promoting or endorsing services, content, or activities that:
- are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
- would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
- would violate (a) Workflexi’s Terms of Service, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;
- regard the creation, purchase, and/or publication of a review for a third-party website;
- regard the creation, publication, or distribution of “fake news”, “hoax news”, Deep Fake content, or similar content, which is, in Workflexi’s sole discretion, determined to be intended to mislead recipients for personal, financial, political, or other gain or advantage;
- regard or promote in any way any escort services, prostitution, or sexual acts; or
- any conduct that is, in Workflexi’s determination, harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law;
- Fraudulent or misleading uses or content, including:
- fraudulently billing or attempting to fraudulently bill any Client, including by (i) falsifying or manipulating or attempting to falsify or manipulate the hours, keystrokes, or mouse clicks recorded in the Workflexi App, (ii) reporting, recording, or otherwise billing Clients for a time that was not actually worked, or (iii) on an hourly contract, reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false;
- misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
- using a profile photo that is not you, misrepresents your identity or represents you as someone else, or any other activity that misrepresents your identity;
- impersonating any person or entity, including, but not limited to, a Workflexi representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- falsely stating or implying a relationship with another User, including an Agency continuing to use a Gig-worker’s profile or information after the Gig-worker no longer works with the Agency;
- falsely attributing statements to any Workflexi representative, forum leader, guide, or host;
- falsely stating or implying a relationship with Workflexi or with another company with whom you do not have a relationship;
- allowing another person to use your account, which is misleading to other Users; or
- falsely stating that one Gig-worker will perform the work on a job when another will, in fact, perform the work, including submitting a proposal on behalf of a Gig-worker that is unable, unwilling, or unavailable to do the work;
- Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;
- Posting identifying information concerning another person;
- Spamming other Users with proposals or invitations, including by making unsolicited contact of Users off the Workflexi platform, or by posting the same job multiple times so that more than one version remains active at a given time;
- Making or demanding bribes or demanding other payments without the intention of or without actually providing services in exchange for the payment;
- Requesting or demanding free services, including requesting Gig-workers to submit work as part of the proposal process for very little or no money or posting contests in which Gig-workers submit work with no or very little pay, and only the winning submission is paid the full amount;
- Requesting a fee before allowing a User to submit a proposal;
- Attempting to or actually manipulating or misusing the feedback system, including by:
- withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
- attempting to coerce another User by threatening to give negative feedback;
- expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system;
- providing anything of value to any person (including to a third-party who provides assistance in obtaining feedback) or using any service of any type in order to obtain feedback; or
- offering services for the sole purpose of obtaining positive feedback of any kind;
- Duplicating or sharing accounts;
- Selling, trading, or giving an account to another person without Workflexi’s consent;
- Sharing or soliciting Means of Direct Contact with or from another User either directly through messages or by including Means of Direct Contact in a job post, profile, proposal, or other User Content prior to entering into a Service Contract with such User, except as expressly allowed for Enterprise Clients;
- Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on Workflexi to recruit Gig-workers and/or Clients to join an Agency or another website or company;
- Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site, including by:
- bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
- attempting to interfere with or compromise, or actually interfering with or compromising, the system integrity or security of the servers running the Site, or attempting to or deciphering any transmissions to or from the servers running the Site;
- using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
- collecting or harvesting any personally identifiable information, including Account names, from the Site;
- attempting to or imposing an unreasonable or disproportionately large load (as determined in Workflexi’s sole discretion) on the Site’s infrastructure;
- introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of Workflexi or any third party;
- accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
- framing or linking to the Site or Site Services except as permitted in writing by Workflexi.
- Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services, or Workflexi’s proprietary information, including:
- attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, or interfering with the operation of, or otherwise attempting to derive source code from, any part of the Site or Site Services unless expressly permitted by applicable law or Workflexi; or
4.3 REPORTING AND CORRECTING VIOLATIONS
a. Workflexi warrants that:
- it shall comply with all mandatory applicable laws, regulations, and rules concerning data protection or privacy in relation to personal data processed by it for business purposes.
- it shall maintain appropriate security systems in relation to data held by it to prevent unlawful or unauthorized accessing or use of data and the accidental loss or destruction of or damage to, such data.
- it shall only process any personal data to the extent necessary for business purposes.
- the data shall only be held for as long as is reasonably necessary.
b. By submitting any personal data to us the User consents to us using this data for our purposes (or its agents or subcontractors) performing their obligations. In particular, the User consents to us sharing order data, including personal data, to any authorities. The User also consents to us sharing this data with any or all of our associates for valid purposes.
c. In relation to any data provided by the User or a third party, the User warrants that compliance with applicable data protection laws including obtaining all necessary consents and approvals for the provision of such data to us. The User shall indemnify Workflexi in respect of all costs, claims, damages, and expenses suffered or incurred by Workflexi in connection with the User’s failure to comply with this condition.
6. NONDISCRIMINATION STATEMENT
Workflexi’s mission is to create economic opportunities so people have better lives. Key to our mission is that these opportunities should be equally available to all qualified talent in our community, regardless of background, nationality, race, ethnicity, gender, gender identity, sexual orientation, actual or perceived disability status, veteran status, marital status, or other similarly protected characteristics. Workflexi’s goal is for members of our community to feel welcome on the Site. A condition of using the Site is your agreement not to engage in any unlawful discrimination or harassing conduct. Such conduct is not permitted on Workflexi by any member of our community. Workflexi does not require Users to violate local laws or take actions that may subject them to legal liability. Workflexi will take action to enforce this policy. Users engaging in this activity are subject to Account closure. Please bring any reports of discrimination or harassment to our attention.
Capitalized terms not defined below have the meanings described in the Terms of Service.
“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Workflexi.
“Client” means any authorized User utilizing the Site to seek and/or obtain Gig-worker Services from another User.
“Deep Fake” means media that is altered in order to replace a person in an existing image or video with someone else’s likeness in a realistic manner without permission or authorization of the person whose likeness is used.
“Gig-worker” means any authorized User utilizing the Site to advertise and/or provide Gig-worker Services to Clients, including Gig-worker Accounts that are Agency Accounts or, if applicable, Agency Members. A Gig-worker is a customer of Workflexi with respect to the use of the Site and Site Services.
“Gig-worker Services” means any services provided by Gig-workers.
“Intellectual Property Rights” means all patent rights, copyright rights, trademark, service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction.
“Means of Direct Contact” has the meaning set forth in Section 7 of the User Agreement.
“Public Site Services” means, collectively, all services, applications, and products that are accessible by any Site Visitor who has not become a User through the Site, to the extent they are accessible by a Site Visitor who has not become a User.
“Site” means, any and all Workflexi platforms, including, collectively, our website located at www.workflexi.com, all affiliated websites, and applications, including mobile websites and Workflexi Mobile Applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates (defined in the User Agreement).
“Site Services” means, collectively, all services (except the Gig-worker Services defined herein), applications, and products that are accessible through the Site, including the Public Site Services, and all Workflexi Mobile Applications.
“Workflexi Mobile Applications” means all mobile applications published by Workflexi or our Affiliates for access to or use of the Site or any Site Services.
“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that you or any Site Visitor or User post to any part of the Site or provide to Workflexi, including such information that is posted as a result of questions.
“You” means any person who accesses our Site, including a Site Visitor or User, and including any entity or agency on whose behalf any such person accesses or uses our Site.