Terms & Cookie Policy

Welcome to Coworkly!

These Terms of Use (“Terms”) govern your use of our website https://www.coworkly.com/ and our freelance booking features, applications and technologies provided on the website (“Services” or “Platform”), which is operated by Coworkly LLC (“Coworkly,” “we” or “us”).

If you are an individual that works for a larger enterprise, then you agree that your company has authorized you to agree with these Terms and that by agreeing to the terms and conditions, the company you represent is bound to the Terms and that you will comply with the Terms as well as the Company you represent.

By using our Services, you agree to comply with these Terms. Our Services are only authorized for use by individuals who are at least 18 years of age. Therefore, by using the Services, you represent and warrant that you are at least 18 years of age. If you do not agree to these Terms, you may not use our Services. We may modify these Terms at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use Coworkly’s Services.

Our Services	Coworkly is a new way to set your freelance bookings on autopilot. In a nutshell, our platform allows creative talent to create private proposals or publicly list their freelance services, which then facilitates customers for those skills to book and contract with users by entering a statement of work or “SOW” with another user. In order to book services through our platform (no matter whether you are a designer or a customer looking to book a user) you will need to register with our Services here. As further explained when you register to use our Services, all agreements for creative services are between users and we have no obligations to any user pursuant to those agreement except as explained in the registration agreement. We are not responsible for the success or failure of any project booking through your use of our Services. Any SOW created using our Services will be treated as a binding master service agreement only between you and another party.
Our House Rules.	In order to provide you a safe and open community, we require all users to follow our house rules when using our Services: Don’t Break the Law. You are also responsible for understanding and complying with all applicable local, state, federal and international laws (including minimum age requirements) in regard to the use of our Services. Use of Coworkly’s Services in any way that violates the law, including appliable intellectual property and privacy rights owned by others, as well as local, state, federal, and international laws prohibiting fraud, theft, anti-competitive conduct, harassment, threatening conduct, or any other unlawful acts or crimes against Coworkly, another Coworkly user, or a third party. Be Respectful.Even if your conduct is not unlawful, you may not use Coworkly’s Services to harass, threaten, intimidate, or impersonate someone else or otherwise attempt to mislead others as to your identity. In particular, do not use Coworkly’s Services for any of the following conduct: Encouragement or incitement of any terrorism, violence and hate speech; Encouragement of discrimination or harassment based on race, sex, religion, nationality, disability, sexual orientation or age; Commit any crime or to harass, threaten or invade the privacy of any person, or to cause property damage or personal injury Facilitation of fraud, human trafficking and other illegal behavior that would constitute, encourage or provide instructions for a criminal offense The list above is only illustrative and ultimately, Coworkly may deem, in its sole and lawful discretion, additional types of conduct to be objectionable and terminate Services to the user based on such. Be Honest. You may be required to provide proof of identity or other documentation to access or use the Services and you acknowledge and agree you may be denied access to the Services for failure to comply with such requests. Don’t Steal.You may not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services or to reverse engineer or attempt to obtain the source code of the Services. You also agree not to reproduce, duplicate, copy, modify, sell, re-sell or exploit any content from our Services for any commercial, educational, or any other non-personal purpose or for any purpose unrelated to your business, without our express written consent. Don’t Try to Harm Our Systems. Don’t upload, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, spiders, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. If we believe you are misusing our Services or violate these Terms in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your use and access to our Services.

User Content.	As between you and Coworkly, the content that you post to or through our Services (“User Content”) is yours and we don’t make any claim to it, subject to you granting Coworkly a worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to access, use, process, copy, distribute, perform, export, and display your User Content solely to the extent necessary to provide, support, improve, and promote our Services. You are solely responsible for your User Content and represent that you have all necessary rights to upload your User Content to our Services.Coworkly does not endorse and is not responsible or liable for any information provided through the Services by other users. You agree that should you use or rely on anything you receive through our Services, Coworkly is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. You should make whatever investigation or other resources that you deem necessary or appropriate before completing a transaction through the Services.
Disputes with Other Users and Third Parties.	If you have a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. We’re not responsible for the behavior of Coworkly users or other third parties. You agree to release us from any and all liability for or relating to any interactions or dealings with another user or third party.
Copyright Take-Down Notices.	If you believe that your copyrighted work appears on our Services in a way that constitutes copyright infringement, please send a written notice containing the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description specifying the location on our Services of the material that you claim is infringing; A description of the copyrighted work that you claim has been infringed; Your contact information; A statement by you, of your good faith belief that the material is infringing and its use is not authorized; A statement by you, made under the penalty of perjury, that the information you provided is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Please send your notice to the following address:Coworkly Copyright Agent32 Upham Avenue, Unit ABoston, [email protected] you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a written counter-notice containing the following information: Your physical or electronic signature; Identification of the material removed; A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or was misidentified; Your full name and contact information; and a statement that you consent to the jurisdiction of the Federal District court in the judicial district where your address is located if the address is in the United States and that you will accept service of process from the complainant or its agent submitting the notice.
Termination.	We have the right, but not the obligation, to monitor our Services to determine compliance with these Terms, the registration agreement, and any other operating rules or policies we have established and to satisfy any law, regulation or authorized government request. We have the right in our sole discretion to remove any User Content submitted to or posted on our Services. We reserve the right to restrict, suspend, or terminate your access if you misuse our Services or if you violate these Terms.
Geographic Restrictions.	Coworkly is based in the State of Massachusetts in the United States and is subject to the laws of the U.S. Our Services are intended primarily for persons and entities located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Fees, Charges, Sales and Payments.	*All fees and charges are final and nonrefundable. If your customer fails to make a payment or refund, we are not responsible.* When users contract for services through our Platform, Coworkly is paid a fee according to our standard fee schedule posted HERE (“Coworkly Fees”). All other fees for services are between the users .You agree to pay Coworkly Fees and if you are in the role of a customer booking work with a designer, then you also agree to pay all fees agreed between you and the designer according to the terms of any SOW agreed between you and said designer (“Designer Fees”). “Service Fees” refers to Coworkly Fees and Designer Fees collectively. Coworkly collects all Services Fees via a third-party payment processor. Once collected, there are no refunds or exchanges under any circumstances. We may change the Coworkly Fees and charges then in effect, or add new fees or charges, by giving you notice in advance.

Coworkly’s Intellectual Property Rights.	The Services and the entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) comprising or relating to our Platform or our Services are owned by Coworkly, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services.All third party trademarks (including logos and icons) referenced by Coworkly remain the property of their respective owners. Unless specifically identified as such, Coworkly’s use of third party trademarks does not indicate any relationship, sponsorship, or endorsement between Coworkly and the owners of these trademarks. All references by Coworkly to third party trademarks are to identify the corresponding third party goods and/or services and intended to constitute nominative fair use under applicable trademark laws.
Governing Law.	Massachusetts law governs these Terms, without regard to the conflict of laws provisions. We make no representation that our Services are appropriate, legal or available for use in locations outside of the United States. If you choose to access our Services, you agree to do so subject to the laws of Massachusetts and the United States. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Modifications and Interruption to Platform.	You acknowledge and accept that Coworkly doesn’t guarantee continuous, uninterrupted, or secure access to our Services and operation or use of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Coworkly shall not be liable for any modifications, interruptions, outages, downtimes or disruptions to our Services. Coworkly reserves the right to modify or discontinue our Services with or without notice.
Disclaimer of Warranties.	YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER COWORKLY, NOR ITS AGENTS, REPRESENTATIVES, LICENSORS, AFFILIATES, PARENT OR RELATED COMPANIES (OR ANY OF THEIR RESPETIVE EMPLOYEES OR SERVICE PROVIDERS) (COLLECTIVELY, THE “COWORKLY PARTIES”) REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES AND/OR THE SERVICES OF ANY THIRD PARTY OR USER OF THE SERVICES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY. NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
Limitation of Liability.	TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL COWORKLY OR ANY OF THE COWORKLY PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE COWORKLY PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, PERSONAL INJURY, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD WILL, LOSS OF USE, OR MALFUNCTION ARISING OUT OF OR RELATED TO THE SERVICES WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COWORKLY OR ANY OF THE COWORKLY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.IN NO EVENT SHALL THE COWORKLY PARTIES’ LIABILITY HEREUNDER EXCEED THE TOTAL AMOUNT OF FEES A USER HAS PAID TO IT PURSUANT TO THE TERMS OVER THE TWELVE (12) MONTH PERIOD PRECEDING THE RELEVANT CLAIM. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification.	You agree to indemnify and hold the Coworkly Parties harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (i) your use or misuse of, or inability to use the Services; (ii) your infringement of any intellectual property or related rights; (iii) your violation of these Terms or your violation of any rights of a third party; (iv) your interactions with or conduct towards any other users; or (v) your violation of any applicable law, rules or regulations. You agree that you will cooperate as reasonably requested by Coworkly in the defense of such claims. Coworkly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users. This indemnification section shall survive your termination of or cessation of use of our Services.
Third-Party Sites and Linked Content.	Coworkly may include links to other sites on the internet that are owned and operated by online merchants and other third parties. You acknowledge that Coworkly isn’t responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding the content located on such sites. Use of third-party sites is subject to the terms of use and privacy policies of each site, and we aren’t responsible therein. Coworkly encourages you to review terms of use and privacy policies of third-party sites.
Miscellaneous.	If any provision of these Terms are deemed unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected and shall remain valid and enforceable to the fullest extent under law. You agree that these Terms and any other agreements referenced herein may be assigned by Coworkly, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your access and use of the Services. We may revise and update these Terms at any time. Review our Terms periodically for changes. Your continued use of the Services will mean you accept the revised Terms.
Contact Us.	If you have any questions or comments regarding our Services or these Terms, please contact us through our Intercom and a member of our Coworkly Customer Success Team will send you a response. You can also email us at [email protected].

Thanks for using Coworkly!