Terms of Service

Last Updated: March 26, 2025, Effective Date: April 10, 2025, Version: 2.0

Introduction

Welcome to We Are Distributed, a career management platform and open-talent marketplace platform that connects talent (freelancers, contractors, job seekers) with employers through intelligent matching and dynamic career development tools.

These Terms of Service ("Terms") constitute a legally binding agreement between you and We Are Distributed Ltd ("Company," "we," "us," or "our") governing your access to and use of the platform, including any content, functionality, and services offered on or through the website (the "Platform").

Please read these Terms carefully before using our Platform. By creating an account or using our Platform in any way, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Platform.

1. Definitions

In these Terms, the following definitions apply:

• "Platform" means the We Are Distributed career management platform, open-talent ecosystem, including all features, functions, services, and content accessible via the website.
• "User" means any individual or entity that accesses or uses the Platform, including both Talent Users and Employer Users.
• "Talent User" means any individual who registers an account as talent (freelancer, contractor, job seeker) seeking work opportunities.
• "Employer User" means any individual or entity that registers an account as an employer seeking to hire talent.
• "Content" means all information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials that are posted, uploaded, published, displayed, or transmitted on the Platform.
• "Job Request" means any job listing, project requirement, or task specification posted by an Employer User.
• "Bid" means an offer made by either party (Talent User or Employer User) proposing terms for potential work arrangements.
• "Subscription" means the paid access plan that provides enhanced features and functionality on the Platform.

2. Eligibility and Account Registration

2.1 Eligibility Requirements

To use the Platform, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Platform under applicable laws

2.2 Account Creation

When you create an account:

• You must provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You agree to notify us immediately of any unauthorized access to your account
• You are responsible for all activities that occur under your account
• You must choose an appropriate account type (Talent User or Employer User) that accurately reflects your intention for using the Platform

2.3 Account Types

2.3.1 Talent User Accounts

When registering as a Talent User, you:

• Certify that you have the skills, qualifications, and expertise claimed in your profile
• Agree to provide honest representations of your experience and capabilities
• Will maintain an up-to-date profile with accurate information

2.3.2 Employer User Accounts

When registering as an Employer User, you:

• Certify that you represent an actual business or organization, or are an individual legitimately seeking to hire talent
• Agree to provide accurate company information
• Will post legitimate job opportunities and project requirements

3. Platform Rules and User Conduct

3.1 General Rules

All Users agree to:

• Comply with all applicable laws and regulations
• Respect the rights and dignity of other Users
• Use the Platform in good faith for its intended purpose
• Not attempt to manipulate, disrupt, or impair the functionality of the Platform
• Not engage in any deceptive, fraudulent, or misleading activities
• Not attempt to bypass any security measures or access restrictions
• Not use the Platform for any illegal purpose

3.2 Prohibited Activities

You must not:

• Use the Platform to transmit any malware, spyware, or other malicious code
• Attempt to gain unauthorized access to other user accounts or Platform systems
• Scrape, crawl, or extract data from the Platform except as expressly permitted
• Impersonate or misrepresent your affiliation with any person or entity
• Post any Content that is illegal, offensive, harassing, or inappropriate
• Interfere with other Users' use and enjoyment of the Platform
• Use the Platform to send unsolicited communications or advertisements
• Violate any intellectual property rights of the Company or other Users
• Post fake reviews, provide false information, or engage in any form of deception
• Use the Platform to compete with We Are Distributed or harvest information for a competing service

3.3 Communications and Interactions

When communicating with other Users, you must:

• Engage professionally and respectfully
• Not send harassing, abusive, or threatening messages
• Not share personal contact information to circumvent Platform fees
• Respond in a timely manner to messages related to active bids or projects
• Respect the privacy and confidentiality of information shared by other Users

4. Content and Intellectual Property

4.1 User Content

4.1.1 Your Content

By posting Content on the Platform, you:

• Retain ownership of your Content
• Grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display your Content for the purpose of operating and improving the Platform
• Represent that you own or have the necessary rights to post such Content
• Are solely responsible for all Content you post

4.1.2 Content Restrictions

You must not post Content that:

• Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
• Violates the legal rights (including privacy rights) of others
• Is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful
• Contains software viruses or any other code designed to disrupt functionality
• Constitutes unauthorized or unsolicited advertising, promotional materials, or spam

4.2 Platform Intellectual Property

4.2.1 Ownership

The Platform, including its design, features, content, and functionality, is owned by We Are Distributed Ltd and is protected by copyright, trademark, and other intellectual property laws.

4.2.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose in accordance with these Terms.

4.2.3 Restrictions

You must not:

• Modify, adapt, or hack the Platform
• Reverse engineer any aspect of the Platform
• Use the Platform to build a competitive product
• Copy, reproduce, distribute, or publicly display any content from the Platform without permission
• Remove any copyright, trademark, or other proprietary notices

5. Job Requests, Bids, and Negotiations

5.1 Job Requests

5.1.1 For Employer Users

When posting Job Requests, you:

• Must provide accurate and complete descriptions
• Must offer reasonable compensation for the work requested
• Are responsible for verifying the accuracy of all details before posting
• Must have legitimate intent to hire for the posted positions
• Must include all material terms and conditions of the engagement

5.1.2 Job Request Limitations

Job Requests must not:

• Involve illegal activities or violate applicable laws
• Discriminate based on race, gender, age, religion, disability, or other protected characteristics
• Contain misleading or deceptive information
• Promote high-risk or unethical activities
• Require payment of any nature from Talent Users

5.2 Bids and Negotiations

5.2.1 Bid Process

• Employer Users are responsible for initiating the bidding process
• All negotiations must occur through the Platform's bidding system
• Bid terms should be clearly stated, including compensation, timeline, and deliverables
• Counter-offers may be made through the Platform's bidding system

5.2.2 Bid Requirements

When making a bid, you:

• Must have genuine intent to complete or hire for the work described
• Must have the capability to fulfill the proposed terms
• Should include all material terms necessary for the other party to make an informed decision
• Should respond to counter-offers or questions in a timely manner

5.3 Circumvention Prohibition

You agree not to:

• Exchange personal contact information for the purpose of circumventing the Platform
• Enter into separate agreements for the same or substantially similar services discussed on the Platform without proper payment of applicable fees
• Manipulate the bidding process to artificially inflate or deflate prices

6. Subscription Plans and Payments

6.1 Subscription Plans

6.1.1 Plan Types

We offer different subscription plans for Talent Users and Employer Users with varying features and pricing. Current plan details are available on our Subscription page.

6.1.2 Plan Limitations

• Employer plans include specific quotas for Job Requests (jobs, projects, tasks)
• Premium features are only available to Users with active subscriptions of the appropriate tier
• Certain Platform functions may be limited for non-subscribers

6.2 Payment Terms

6.2.1 Subscription Fees

• All fees are listed in USD unless otherwise specified
• Subscription fees are charged in advance on a monthly, annual, or lifetime basis depending on the plan selected
• Prices are subject to change with notice to affected Users

6.2.2 Payment Processing

• Payments are processed through our third-party payment processor, Stripe
• By providing payment information, you represent that you are authorized to use the payment method
• You agree to keep your payment information current

6.2.3 Taxes

You are responsible for paying all taxes associated with your use of the Platform. We will add applicable taxes to your payments where required by law.

6.3 Renewal and Cancellation

6.3.1 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.

6.3.2 Cancellation

• You may cancel your subscription at any time through your account settings
• For monthly subscriptions, cancellation takes effect at the end of the current billing period
• For annual subscriptions, cancellation takes effect at the end of the current annual term
• No refunds are provided for unused portions of your subscription period

6.4 Refunds

Our refund policy is as follows:

• We do not provide refunds for partial subscription periods
• In cases of Platform malfunction preventing access for extended periods, we may offer partial credits at our discretion
• Specific refund requests due to exceptional circumstances will be evaluated on a case-by-case basis

7. Anonymous Mode and Privacy Features

7.1 Anonymous Mode

Talent Users may enable Anonymous Mode with the following conditions:

• Your real name will be replaced with a generated anonymous name
• Your profile image will be replaced with an abstract generated image
• Your skills and experience remain visible and searchable
• Your identity is protected while maintaining essential profile functionality
• All Platform rules continue to apply regardless of anonymity

7.2 Privacy Controls

7.2.1 For Talent Users

Talent Users may:

• Control visibility in the Talent Explorer
• Block specific companies or domains from viewing their profile
• Control whether their skills appear in the Skills Database
• Set preferences for direct messaging
• Manage notification settings

7.2.2 For Employer Users

Employer Users may:

• Manage team member access controls
• Control company profile visibility
• Manage notification settings

7.3 Rules for Privacy Features

When using privacy features:

• You must not use Anonymous Mode to evade enforcement of these Terms
• Blocked visibility settings must be used for legitimate privacy purposes, not to discriminate
• Privacy controls do not exempt you from complying with all Platform rules

8. Verification and Trust Systems

8.1 Skill Verification

• Talent Users may submit skills for verification through our verification process
• Verified skills may receive a verification badge on profiles
• Misrepresentation of skills is prohibited and may result in account suspension

8.2 Endorsements

• Users may endorse other Users for specific skills
• Endorsements should be based on genuine knowledge of the User's abilities
• Fake or reciprocal endorsements for the purpose of artificially enhancing profiles are prohibited

8.3 Badges and Recognition

• The Platform may award badges based on verified achievements and experiences
• Badges cannot be purchased and must be earned through legitimate platform activities
• Attempts to manipulate the badge system are prohibited

9. Talent Collectives

9.1 Collective Formation

• Talent Users may create or join Talent Collectives with others who have complementary skills
• Collective formation requires acceptance of Collective-specific terms
• Collective owners are responsible for managing membership and maintaining Collective standards

9.2 Collective Rules

Members of Talent Collectives agree to:

• Accurately represent the Collective's capabilities
• Maintain professional standards when operating as part of a Collective
• Honor commitments made through the Collective
• Share information and rewards according to agreed Collective terms

10. Employer of Record (EOR) Services

10.1 EOR Referrals

• The Platform may recommend EOR providers for international hiring
• We do not guarantee the quality or services of recommended EOR providers
• We may receive referral fees from EOR providers
• The contract relationship is between you and the EOR provider, not with We Are Distributed.

10.2 EOR Limitations

• We are not responsible for services provided by EOR partners
• Any disputes with EOR providers must be resolved directly with those providers
• Users should perform their own due diligence before engaging any EOR services

11. Hiring Events

11.1 Event Participation

• Users may create and participate in virtual or physical hiring events
• Event creators are responsible for the accuracy of event details
• Participants must follow specific event rules as posted

11.2 Event Conduct

When participating in events, you must:

• Engage professionally with other participants
• Accurately represent your qualifications or hiring needs
• Honor commitments made during events
• Follow the specified event schedule and activities

12. Limitation of Liability

12.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TALENTHUB DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

12.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TALENTHUB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM
• ANY CONTENT OBTAINED FROM THE PLATFORM
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE PLATFORM EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID TO WE ARE DISTRIBUTED LTD IN THE PAST SIX MONTHS.

12.3 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless We Are Distributed Ltd and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from:

• Your violation of these Terms
• Your User Content
• Your use of the Platform
• Your violation of any rights of another person or entity

14. Termination

14.1 Termination by You

You may terminate your account at any time by following the instructions in your account settings or by contacting us. Termination may not affect ongoing subscription obligations.

14.2 Termination by Us

We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including if:

• You breach these Terms
• You provide false or misleading information
• You engage in fraudulent or illegal activities
• Your use of the Platform poses a security risk
• We are required to do so by law
• We decide to cease operations or specific services

14.3 Effects of Termination

Upon termination:

• Your access to the Platform will be disabled
• You will not be entitled to a refund of any fees already paid
• Sections of these Terms that by their nature should survive termination shall survive
• We may retain certain information as required for legitimate business purposes or as required by law

15. Disputes and Governing Law

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

15.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Platform shall be resolved as follows:

15.2.1 Informal Resolution

Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us. We will attempt to resolve the dispute by contacting you via email.

15.2.2 Formal Proceedings

If the dispute is not resolved within 30 days of submission, either party may bring a formal proceeding.

15.2.3 Forum

Any legal action or proceeding shall be brought exclusively in the courts located in the United Kingdom, and you consent to the personal jurisdiction of such courts.

15.2.4 Class Action Waiver

YOU AND WE ARE DISTRIBUTED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

15.3 Platform Disputes

Disputes between Users (e.g., Talent User and Employer User) should first be resolved through the Platform's messaging system. We Are Distributed Ltd does not mediate or arbitrate disputes between Users but may provide information to help resolve disputes.

16. Changes to Terms

We may update these Terms from time to time. The updated Terms will be posted on the Platform with a revised date. If we make material changes, we will provide notice through the Platform or via email.

Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform.

17. General Provisions

17.1 Entire Agreement

These Terms constitute the entire agreement between you and We Are Distributed regarding your use of the Platform and supersede all prior agreements and understandings.

17.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to causes beyond our reasonable control.

17.6 No Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms or your use of the Platform.

18. Contact Information

If you have any questions about these Terms, please contact us:

Email: support@wearedistributed.org

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