T-Work LLC

TERMS OF SERVICE

Date of Last Revision: [March 11, 2025]

Welcome to T-Work! 

T-Work, LLC. (“T-Work,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://twork.app/ (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Platform”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).  We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.  If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Platform user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Platform or changes made for legal reasons will be effective immediately. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, AN AGREEMENT TO TRANSACT AND COMMUNICATE ELECTRONICALLY, AN AGREEMENT TO RECEIVE ALL LEGALLY REQUIRED NOTICES ELECTRONICALLY, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST T-WORK LLC. ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW

                            

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Platform from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service. 

Access and Use of the Platform

 

Platform Description:  The Platform is an online web- and app-based two-sided marketplace which enables connections between individuals and/or businesses seeking to obtain services (“Clients”) with individuals seeking to perform such services (“Service Providers”).  Clients and Service Providers together are hereinafter referred to as “Users”.  If you agree to the terms for services with another User, you and such other User shall form a separate contractual relationship directly between the two of you.

 

Our Platform only enables connections between Users. The Platform is NOT an employment agency service or business, and T-Work is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of T-Work. T-Work is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever related to any Users, the services provided by such Users, or the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. T-Work makes no representations about the suitability, reliability, timeliness, or accuracy of the services requested and provided by Users identified through our Platform whether in public, private, or offline interactions.

Your Registration Obligations:

To access and use certain features of the Platform, you may be required to create an account and complete the registration process. By registering for the Platform, you agree to the following:

·        Accurate Information:
You agree to provide and maintain true, accurate, current, and complete information about yourself as requested by the Platform’s registration form. Failure to provide accurate or complete information may result in suspension or termination of your account.

·        Age Restriction:

o    Prohibited Use by Minors: The Platform is intended for use solely by individuals who are 18 years of age or older. By registering, you represent and warrant that you are at least 18 years old.

o    No Services for Minors: T-Work does not knowingly collect, solicit, or process information from minors under 18 years of age. If we discover that any user is under the age of 18, we will immediately terminate their account and delete all associated data.

o    Parental Responsibility: Parents and legal guardians are strictly prohibited from registering or facilitating registration on behalf of minors.

·        Account Responsibility:
You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to notify T-Work immediately of any unauthorized use or security breach. T-Work is not liable for any loss or damage arising from your failure to secure your account credentials.

·        Compliance with Policies:
Registration data and other personal information are governed by our Privacy Policy. By registering, you agree to the collection and use of your information as outlined in the Privacy Policy.

·        Right to Terminate or Suspend Accounts:
T-Work reserves the right to suspend or terminate any account without prior notice if we suspect or discover:

o    False or misleading information during registration.

o    Unauthorized use of the Platform by a minor.

o    Activities that violate these Terms or applicable laws.

Electronic Communications Notice and Consent.

This Electronic Communications Notice and Consent (“Consent”) applies to all communications regarding the Platform, and any other products and services provided by T-Work and our affiliates, bank partners, service providers, and your use of our website (https://twork.app/ ). You agree to conduct transactions with T-Work electronically, and you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, including disclosures and notices that we and our service providers may otherwise be required to send or provide you in writing or paper form (e.g., by mail) and other communication items provided in connection with the Platform any and all services we provide (collectively, “Communications”). By checking the box indicating your consent to receive electronic communications, you consent to receive all Communications from T-Work and its service providers or delegates electronically. Before doing so, it is important that you: (1) read and understand these Terms of Service; (2) determine that you satisfy the minimum hardware and software requirements set out below; and (3) understand your consent will remain in effect until you withdraw it as provided below.

By using the T-Work platform ("Platform"), you consent to receive communications electronically as outlined below.

Covered Communications include, but are not limited to:

·        General Terms and Notices:

o    Terms and conditions, policies, disclosures, privacy statements, or notices, including updates or changes to these documents.

·        Transaction Information:

o    Transaction histories, paystubs, receipts, payment confirmations, or other records related to your use of the Platform.

·        Background Check Disclosures (Future Implementation):

o    If and when T-Work implements background checks, communications related to such checks will include required disclosures, notices, and other documentation in compliance with applicable laws, including the Fair Credit Reporting Act (FCRA) and other relevant regulations.

·        Customer Service Communications:

o    Support-related communications, including responses to inquiries, troubleshooting information, and updates regarding the status of your account or activities on the Platform.

·        Legal and Regulatory Notices:

o    Any legally required communications or notices in connection with your account, activities, or services on the Platform.

Receiving Communications:

T-Work, along with its service providers and affiliates, may send Communications to you through various methods, including but not limited to:

  • Email
  • Text message (SMS or MMS)
  • In-app messages
  • Notifications or postings on the T-Work website, mobile application, or mobile website (including links and attachments provided in the app, on the website, or in emails).

Access to Communications:
Communications will be delivered electronically and will be accessible online via supported browser software, the mobile application, or by using PDF viewer software where applicable. You are responsible for ensuring that you have the necessary hardware and software to access and retain these Communications.

User Responsibility:
We encourage you to print, save, and/or electronically store copies of all Communications for your records. T-Work is not responsible for retaining or archiving Communications on your behalf beyond what is required by applicable law or our policies.

Consent to Electronic Communications:
By using T-Work, you consent to receiving Communications electronically, which satisfies any legal requirements for providing such Communications in writing. If you wish to withdraw your consent to electronic Communications, you may do so by contacting T-Work customer service. However, withdrawing consent may limit your ability to use certain features of the Platform.

Future Implementation of Background Check Communications:
In the event that T-Work implements background check services in the future, Communications related to such checks (including required disclosures, notices, and authorizations) will also be provided electronically in compliance with applicable laws. You will be notified of any changes to our processes or policies regarding background checks at that time.

Updating Your Contact Information:

To ensure that T-Work can provide Communications to you electronically, you must notify us of any changes to your email address or mobile phone number by updating your profile on the T-Work website or mobile app. It is your responsibility to:

·        Keep your contact information accurate and up to date at all times.

·        Ensure that you have installed the most recent version of the T-Work mobile app on your device to facilitate seamless communication.

Failure to Receive Communications:
You understand and agree that if T-Work sends you a Communication but you do not receive it due to:

  • Incorrect or outdated contact information on file;
  • Communications being blocked by your service provider;
  • Failure to install or update the latest version of the T-Work mobile app; or
  • Any other technical or user-related issue,

T-Work will still be deemed to have provided the Communication to you.

Impact of Invalid Contact Information:
If T-Work is unable to deliver Communications to you due to invalid or outdated contact information:

  • Your account may be deemed inactive;
  • Your account may be suspended or terminated; and
  • You may lose access to the Platform or associated services until you provide a valid, working email address and/or mobile phone number and are able to receive electronic Communications.

By maintaining accurate and updated contact information, you ensure continued access to the T-Work Platform and its services.

Member Account, Password, and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and for all activities that occur under your password or account. By using the T-Work platform, you agree to:

·        Account Security:

o    Take all reasonable steps to protect your account credentials, including your password.

o    Avoid sharing your account details with anyone else.

·        Immediate Notification of Breach:

o    Notify T-Work immediately of any unauthorized use of your password or account or any other security breach by contacting our support team.

·        Session Management:

o    Ensure that you log out of your account at the end of each session when accessing the Platform to prevent unauthorized access.

T-Work will not be liable for any loss or damage resulting from your failure to comply with this Section, including unauthorized access to your account due to your negligence in maintaining account security.

Modifications to the Platform:

T-Work reserves the right to modify, update, suspend, or discontinue, temporarily or permanently, the Platform (or any part of it) at any time, with or without notice. By using the Platform, you agree that T-Work will not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform or its features, and your continued use of the Platform following any modification constitutes your acceptance of those changes.

General Practices Regarding Use and Storage:

T-Work may establish general practices and limits regarding the use of the Platform, including, without limitation, the maximum period of time that data or other content will be retained by the Platform and the maximum storage space allotted on T-Work’s servers on your behalf. You agree that T-Work is not responsible or liable for the deletion or failure to store any data or other content maintained or uploaded to the Platform. T-Work reserves the right to terminate accounts that are inactive for an extended period and to modify these general practices and limits at any time, in its sole discretion, with or without notice.

Billing and Payment

Users of the T-Work Platform contract for services directly with other Users. T-Work is not a party to any contracts for services. Payments for services facilitated through the Platform are made directly from the Client to the Service Provider and not through T-Work. If a Client fails to pay a Service Provider for services provided through the Platform, T-Work, at its sole discretion, may choose to pay the Service Provider for such services; however, T-Work is not obligated to do so.

Users will be required to provide their credit card and/or bank account details to T-Work and its designated third-party payment processor (the “Payment Processor”). Service Providers are responsible for invoicing their Clients within 24 hours of performing the work, regardless of whether the services are completed or ongoing. Clients are responsible for paying the invoice (the “Invoice”), which will include: (i) the pricing terms for the services agreed upon with the Service Provider (“Payment”); (ii) any out-of-pocket expenses agreed upon with and submitted by the Service Provider; (iii) any tip or gratuity, if applicable; (iv) a service charge assessed by T-Work, variable based on the Payment amount and will be clearly disclosed before booking; (v) a platform fee, used to offset T-Work’s costs for providing customer support and platform maintenance; and (vi) cancellation fees, if applicable. Service Providers are responsible for paying (i) cancellation fees, if applicable, and (ii) repayment of erroneous payments.

Payment processing services on the Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), including the Stripe Terms of Service (available at https://stripe.com/us/legal) (collectively, the “Stripe Services Agreement”). By using the Platform, you agree to be bound by the Stripe Services Agreement, as updated by Stripe from time to time. As a condition of enabling payment processing through Stripe, you agree to provide T-Work with accurate and complete information about yourself and your business, and you authorize T-Work to share this information, along with transaction details, with Stripe. Please note that T-Work is not a party to the Stripe Services Agreement and has no obligations or liability to you under its terms.

To help prevent fraud and safeguard user information from unauthorized access, T-Work and/or its Payment Processor (e.g., Stripe) may validate accounts before activation. As part of this validation process, a temporary charge will be placed on the account associated with the User, which will be refunded within 1-3 business days. This temporary charge depends on the estimated value of services and reimbursements, in compliance with Payment Processor and credit card issuer requirements.

When a Client receives confirmation through the Platform or via email that requested services have been completed, the Client automatically authorizes T-Work to provide their payment details to the Payment Processor. This includes processing the agreed-upon Payment, out-of-pocket expenses owed to the Service Provider, and service charges or trust and support fees owed to T-Work for use of the Platform. Cancellation fees may also be charged through the Payment Processor if:

1.     A Client cancels booked services before completion, as outlined in the pricing terms.

2.     A Service Provider agrees to perform certain services but fails to complete them, as outlined in the pricing terms.

T-Work reserves the right, at its sole discretion (but not obligation), to take appropriate actions in cases of potential fraud, unauthorized charges, or misuse of the Platform. This may include:

1.     Placing holds on Payments or out-of-pocket expenses.

2.     Issuing refunds or credits, or arranging for the Payment Processor to do so.

Tax and Worker Classification Responsibilities:

T-Work is not responsible or liable for any worker’s compensation, tax payment, or withholding obligations, including but not limited to applicable federal, state, or local taxes. This includes, without limitation:

·        Tax and Contribution Obligations:

o    Income taxes, self-employment taxes, payroll taxes, unemployment insurance contributions, Social Security, Medicare, or other similar taxes or contributions.

o    Worker’s compensation insurance or disability insurance contributions.

o    Any other employment-related withholdings or obligations under applicable laws.

·        Service Provider Responsibilities:
Service providers using the Platform assume full and sole responsibility for determining and complying with all required and applicable tax obligations, including income tax, self-employment tax, and Social Security contributions, for themselves and any individuals they engage to perform services. T-Work does not withhold or remit any taxes or contributions on behalf of Service Providers, Clients, or other Users of the Platform.

·        Worker Classification:
Each User of the Platform is solely responsible for properly classifying workers they engage through the Platform, in accordance with applicable federal, state, and local laws, including but not limited to guidelines set forth by the Internal Revenue Service (IRS) and state labor agencies. T-Work disclaims all liability for the misclassification of workers as independent contractors, employees, or other classifications. Service Providers are solely responsible for determining and complying with their classification as independent contractors, including tax obligations and benefits compliance.

·        User Tax Obligations:
Users of the Platform are solely responsible for any applicable taxes, including sales tax, required to be paid on the services provided. This excludes taxes on T-Work’s income. Users must comply with all relevant tax laws in their respective jurisdictions, including the collection and remittance of sales tax when required.

 

 

 

 

 

Conditions of Use

User Conduct

You are solely responsible for all code, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“Content”) that you upload, post, publish, display (hereinafter, “upload”), email, or otherwise use via the T-Work Platform. The following are examples of prohibited activities and Content on the Platform. T-Work reserves the right to investigate and take appropriate legal action against anyone who, in T-Work’s sole discretion, violates this provision. Such actions may include, without limitation, removing the offending Content from the Platform, suspending or terminating the account of the violator, and reporting the violator to law enforcement authorities. You agree not to use the Platform to:

1.     Email or otherwise upload any Content that:

o    (i) infringes any intellectual property or other proprietary rights of any party;

o    (ii) you do not have the legal right to upload under any law or contractual or fiduciary relationships;

o    (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

o    (iv) poses or creates a privacy or security risk to any person;

o    (v) constitutes unsolicited or unauthorized advertising, promotional materials, or commercial activities such as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;

o    (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially, ethnically, or otherwise objectionable; or

o    (vii) in the sole judgment of T-Work, is objectionable, restricts or inhibits any other person from using or enjoying the Platform, or may expose T-Work or its Users to harm or liability of any kind.

2.     Interfere with or disrupt the Platform, servers, or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.

3.     Violate any applicable local, state, national, or international law or any regulations with the force of law.

4.     Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

5.     Solicit personal information from anyone under the age of 18.

6.     Harvest or collect email addresses or other contact information of other Users from the Platform by electronic or other means for the purpose of sending unsolicited emails or other communications.

7.     Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized by T-Work.

8.     Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.

9.     Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Platform.

 

Interactions with Other Users: 

You further represent and warrant that you will fulfill the commitments you make to other Users including paying and receiving payment through the Platform, communicating clearly and promptly with other Users, and being present and/or available at the time you agree upon with your Service Provider or Client as the case may be. Service Providers additionally represent and warrant that you will provide timely, high quality services to your Clients, you will only offer and provide services for which you have the necessary skills and expertise and you will provide the services safely.

Special Notice for International Use; Export Controls:

The software provided in connection with the T-Work Platform (the "Software") and the transmission of applicable data, if any, are subject to United States export control laws and regulations. You agree that no Software may be downloaded from the Platform or otherwise exported, re-exported, or used in violation of U.S. export laws, including but not limited to restrictions on use in embargoed or sanctioned countries or by prohibited parties as identified by the U.S. government. Downloading or using the Software is at your sole risk.

Recognizing the global nature of the Internet, you further agree to comply with all local rules, laws, and regulations regarding your use of the Platform. This includes but is not limited to rules concerning online conduct, acceptable content, and compliance with any applicable data protection or privacy regulations in your jurisdiction.

Apple-Enabled and Google Play Software Applications:

T-Work offers software applications designed for use with products made commercially available by Apple Inc. (“Apple”) and Google LLC (“Google”), among other platforms. With respect to software made available for use on Apple-branded products (“Apple-Enabled Software”) or Android-based products via Google Play (“Google-Enabled Software”), the following terms and conditions apply, in addition to those set forth in these Terms of Service:

1.     Acknowledgment:
T-Work and you acknowledge that these Terms of Service are concluded between T-Work and you only, and not with Apple or Google. As between T-Work, Apple, and Google, T-Work is solely responsible for the Apple-Enabled Software, Google-Enabled Software, and the content thereof.

2.     Usage Rules:

o    You may not use the Apple-Enabled Software in any manner that violates or is inconsistent with the Usage Rules set forth for Apple-Enabled Software in the App Store Terms of Service.

o    You may not use the Google-Enabled Software in any manner that violates or is inconsistent with the terms set forth in the Google Play Terms of Service.

3.     License Restrictions:

o    Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product you own or control, as permitted by the Usage Rules in the App Store Terms of Service.

o    Your license to use the Google-Enabled Software is limited to a non-transferable license to use the Google-Enabled Software on an Android product you own or control, as permitted by the Google Play Terms of Service.

4.     Maintenance and Support:
Apple and Google have no obligation whatsoever to provide maintenance or support services for the Apple-Enabled or Google-Enabled Software. Any maintenance or support services will be provided by T-Work.

5.     Product Warranties:

o    Apple and Google are not responsible for any product warranties, whether express or implied by law. In the event of failure of the Apple-Enabled Software or Google-Enabled Software to conform to any applicable warranty:

§  You may notify Apple or Google, and Apple or Google will refund the purchase price, if any, for the software.

§  To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligations with respect to the software.

§  Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are T-Work’s sole responsibility, to the extent they cannot be disclaimed under applicable law.

6.     Claims and Legal Compliance:
T-Work, not Apple or Google, is responsible for addressing any claims by you or a third party relating to the Apple-Enabled Software or Google-Enabled Software, including but not limited to:

o    (i) Product liability claims.

o    (ii) Claims that the software fails to conform to any applicable legal or regulatory requirement.

o    (iii) Claims arising under consumer protection or similar legislation.

7.     Intellectual Property Rights:
In the event of any third-party claim that the Apple-Enabled Software or Google-Enabled Software infringes a third party’s intellectual property rights, T-Work, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of such claims.

8.     Legal Representations:
You represent and warrant that:

o    (i) You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist-supporting” country.

o    (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

9.     Contact Information:
If you have any questions, complaints, or claims regarding the Apple-Enabled or Google-Enabled Software, they should be directed to T-Work as follows:

o    Email: support@twork.app

T-Work and you acknowledge and agree that Apple, Apple’s subsidiaries, Google, and Google’s subsidiaries are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software and Google-Enabled Software, respectively. Upon your acceptance of these Terms of Service, Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as third-party beneficiaries specifically concerning the Apple-Enabled Software and Google-Enabled Software.

 

Intellectual Property Rights

Platform Content, Software, and Trademarks:

You acknowledge and agree that the Platform may contain content, features, or functionality (“Platform Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by T-Work, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Platform or the Platform Content, in whole or in part. This restriction does not apply to your own User Content (as defined below) that you legally upload to the Platform.

In connection with your use of the Platform, you agree not to engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by T-Work from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any unauthorized use of the Platform or the Platform Content is strictly prohibited.

The technology and software underlying the Platform or distributed in connection with it (the “Software”) are the property of T-Work, its affiliates, and partners. You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of the Software. Additionally, you may not sell, assign, sublicense, or otherwise transfer any rights in the Software. All rights not expressly granted herein are reserved by T-Work.

Trademarks and Service Marks:

The T-Work name and logos are trademarks and service marks of T-Work (collectively, the “T-Work Trademarks”). Other product and service names, logos, and trademarks displayed via the Platform may be the property of their respective owners, who may or may not endorse, be affiliated with, or be connected to T-Work. Nothing in these Terms of Service or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any T-Work Trademarks displayed on the Platform without our prior written permission in each instance. All goodwill generated from the use of T-Work Trademarks will inure exclusively to the benefit of T-Work.

Third-Party Material:

Under no circumstances will T-Work be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, any errors or omissions in such content or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that T-Work does not pre-screen content; however, T-Work and its designees reserve the right (but not the obligation) in their sole discretion to refuse or remove any content made available via the Platform. Without limiting the foregoing, T-Work and its designees reserve the right to remove any content that violates these Terms of Service or is otherwise deemed objectionable by T-Work, in its sole discretion. You agree that you are solely responsible for evaluating and bearing all risks associated with the use of any content, including reliance on its accuracy, completeness, or usefulness.

User Content Transmitted Through the Platform:

With respect to any content or materials you upload to the Platform or share with other Users or recipients (collectively, “User Content”), you represent and warrant that you own all rights, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant T-Work and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Platform or the promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Platform (“Submissions”) provided by you to T-Work are non-confidential, and T-Work will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Preservation and Disclosure of Content:

You acknowledge and agree that T-Work may preserve content and may disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, applicable laws, or government requests;
(b) enforce these Terms of Service;
(c) respond to claims that any content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of T-Work, its Users, or the public.

You further understand that the technical processing and transmission of the Platform, including your content, may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to the technical requirements of connecting networks or devices.

Copyright Complaints:

T-Work respects the intellectual property of others and expects its Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify T-Work of your infringement claim in accordance with the procedure set forth below.

T-Work will process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement.

A notification of claimed copyright infringement should be emailed to T-Work’s Copyright Agent at:
support@twork.app, Subject line: "DMCA Takedown Request"

Here’s the adjusted clause for T-Work:

DMCA Notification Requirements

To be effective, your notification of claimed infringement must be in writing and include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
  • A description of the copyrighted work or other intellectual property that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the Platform, with enough detail that we can locate it on the Platform.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner, or authorized to act on behalf of the copyright or intellectual property owner.

 

 

Counter-Notice:

If you believe that your User Content, which was removed or disabled, is not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or the law to upload and use the content, you may send a written counter-notice to T-Work’s Copyright Agent containing the following information:

  • Your physical or electronic signature.
  • Identification of the content that has been removed or to which access has been disabled, and the location where the content appeared before it was removed or disabled.
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
  • Your name, address, telephone number, and email address, along with the following statements:
    • You consent to the jurisdiction of the federal court located within the Western District of Washington (or another district if more appropriate for T-Work's location).
    • You will accept service of process from the person who provided the notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, T-Work will send a copy of the counter-notice to the original complaining party, informing them that the removed content may be restored or access to it may be re-enabled in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be restored, or access to it re-enabled, within 10 to 14 business days (or longer), at T-Work’s sole discretion.

Repeat Infringer Policy:

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, T-Work has adopted a policy of terminating, in appropriate circumstances and at T-Work’s sole discretion, the accounts of Users who are deemed to be repeat infringers. T-Work may also, at its sole discretion, limit access to the Platform and/or terminate the accounts of any Users who infringe on the intellectual property rights of others, regardless of whether the infringement is repeated.

Third-Party Websites

The Platform may provide, or third parties may provide, links or access to other websites and resources on the Internet. T-Work has no control over such websites and resources and does not endorse or take responsibility for them. You acknowledge and agree that T-Work is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, events, goods, or services available on or through such websites or resources.

Any dealings you have with third parties found through the Platform are solely between you and the third party. You agree that T-Work is not responsible or liable for any loss or claims you may have against such third parties.

Social Networking Services

You may enable or log in to the Platform via various online third-party services, such as social media and social networking services like Facebook or Twitter, etc. (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Platform, we aim to enhance and personalize your online experience. To use this feature, we may ask you to authenticate, register, or log into Social Networking Services through their respective providers’ websites.

As part of this integration, the Social Networking Services may provide T-Work with access to certain information you have shared with them. We will use, store, and disclose this information in accordance with our Privacy Policy. For more details on the implications of activating Social Networking Services and T-Work’s use, storage, and disclosure of related information (including your friend lists or similar data), please see our Privacy Policy at http://www.twork.app//privacy-policy/.

Please note that the manner in which Social Networking Services use, store, and disclose your information is governed solely by the policies of such third parties. T-Work has no control over and assumes no responsibility for the privacy practices or other actions of any third-party site or service enabled within the Platform.

Additionally, T-Work is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available through Social Networking Services. Accordingly, T-Work is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Social Networking Services. These features are provided merely as a convenience, and their integration or inclusion does not imply any endorsement or recommendation by T-Work.

 

 

Indemnity and Release

You agree to release, indemnify, and hold T-Work, its affiliates, and their officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees), rights, claims, actions of any kind, and injury (including death) arising out of or relating to:

  • Your use of the Platform,
  • Any User Content,
  • Your connection to the Platform,
  • Your violation of these Terms of Service, or
  • Your violation of any rights of another.

Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee for liability, losses, damages, or expenses arising directly from the gross negligence or intentional misconduct of such Indemnitee.

You further agree that this release includes all claims, whether known or unknown, arising from your use of the Platform. To the fullest extent permitted by applicable law, you waive any statute, doctrine, or principle of law that might limit the scope of this release to include only those claims you know or suspect to exist at the time of agreeing to this release.

Disclaimer of Warranties

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. T-WORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

T-WORK MAKES NO WARRANTY THAT:

1.     THE PLATFORM WILL MEET YOUR REQUIREMENTS;

2.     THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

3.     THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR

4.     THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with persons you do not know. NEITHER T-WORK NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, AND YOU HEREBY RELEASE T-WORK AND ITS AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED THERETO. T-WORK AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT T-WORK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF T-WORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM:

1.     THE USE OR THE INABILITY TO USE THE PLATFORM;

2.     THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM;

3.     UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

4.     STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR

5.     ANY OTHER MATTER RELATING TO THE PLATFORM.

IN NO EVENT WILL T-WORK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO T-WORK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR MAY NOT BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

1.     Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and T-Work, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Platform, any advertising, or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration rather than in court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify.

This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies may, if the law allows, seek relief against us on your behalf. By entering into these Terms of Service, you and T-Work agree to waive the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

 

2.     Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND T-WORK AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND T-WORK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). HOWEVER, YOU MAY PURSUE A CLAIM FOR, AND THE ARBITRATOR MAY AWARD, PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED TO ENSURE THE ENFORCEABILITY OF THIS PROVISION.

3.     Pre-Arbitration Dispute Resolution

T-Work is committed to resolving disputes amicably and efficiently. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer support team at support@twork.app. If such efforts are unsuccessful, any party intending to seek arbitration must first send the other party a written Notice of Dispute (“Notice”).

The Notice must:

1.     Describe the nature and basis of the claim or dispute, and

2.     Set forth the specific relief sought.

If T-Work and you do not resolve the claim within sixty (60) calendar days after the Notice is sent, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either T-Work or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or T-Work is entitled.

4.     Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (AAA) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website at https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at https://www.adr.org/Rules.

If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that applying the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.

The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are generally simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless T-Work and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties, with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by the AAA.

If your claim is for $10,000 or less, T-Work agrees that you may choose whether the arbitration will be conducted:

1.     Solely based on documents submitted to the arbitrator,

2.     Through a telephonic hearing, or

3.     By an in-person hearing, as established by the AAA Rules.

If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

5.     Costs of Arbitration

The costs of arbitration, including filing, administration, and arbitrator fees, will be governed by the American Arbitration Association (AAA) Rules, unless otherwise stated in this Arbitration Agreement. T-Work will make arbitration accessible to users by covering reasonable arbitration costs where required by applicable law or as determined necessary by the arbitrator to ensure fairness.

Each party will bear their own legal fees, including attorney fees, unless the arbitrator awards fees to the prevailing party as permitted by law.

6.     Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

7.     Severability

If a court or arbitrator determines that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with a valid and enforceable term that most closely reflects the original intent of the invalid or unenforceable term. The Arbitration Agreement shall remain enforceable as modified.

If a court or arbitrator determines that any provision of the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, the entirety of this Arbitration Agreement shall be deemed null and void, except if the invalidity or unenforceability applies solely to claims for public injunctive relief. In such cases, the Arbitration Agreement shall remain in effect for all other claims and remedies.

The remainder of the Terms of Service will continue to apply in full force and effect.

8.     Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, T-Work agrees that if it makes any future changes to this Arbitration Agreement (other than a change to the contact method for notices) while you are a user of the Platform, you may reject any such change by sending T-Work written notice within thirty (30) calendar days of the change to the contact information provided in these Terms. By rejecting any future change, you agree to arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as it existed on the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that T-Work, in its sole discretion, may suspend or terminate your account (or any part thereof) or your use of the Platform and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if T-Work believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to the appropriate law enforcement authorities.

T-Work may also, in its sole discretion and at any time, discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of these Terms of Service may be effected without prior notice. You acknowledge and agree that T-Work may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform.

If a Client files multiple chargebacks without valid cause, T-Work reserves the right to limit, suspend, or terminate their account.

Furthermore, you agree that T-Work will not be liable to you or any third party for any termination of your access to the Platform.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Platform, and T-Work will have no liability or responsibility for such interactions. T-Work reserves the right, but is not obligated, to become involved in any way in disputes between you and any other user of the Platform.

General

These Terms of Service constitute the entire agreement between you and T-Work and govern your use of the Platform, superseding any prior agreements between you and T-Work with respect to the Platform. You may also be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software.

These Terms of Service will be governed by the laws of the State of Washington, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and T-Work agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within King County, Washington.

The failure of T-Work to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service will remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You may not assign these Terms of Service without the prior written consent of T-Work, but T-Work may assign or transfer these Terms of Service, in whole or in part, without restriction.

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via email or regular mail. The Platform may also provide notices to you regarding changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.

Your Privacy

At T-Work, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Platform, you consent to our collection, use, and processing of personal data as outlined in the Privacy Policy.