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WORKANA TERMS AND CONDITIONS

Jackeline
Updated

1. GENERAL INFORMATION

These terms and conditions of use (“Terms”) constitute a legal agreement between individuals who wish to hire freelance services (“Client Users”) and those providing freelance services (“Freelancer Users”), and Workana LLC, a limited liability company incorporated in Delaware, along with its subsidiaries and affiliates (collectively, “Workana” or “we”).

Our services, the platform, and the website www.workana.com, along with the mobile applications, are collectively referred to as the “Workana Site,” a service platform that facilitates communication and interaction between Client Users and Freelancer Users. In this regard, Workana offers a method for contracting freelance services. Consequently, Workana is not part of any contractual agreement between Client User and Freelancer User as it only facilitates connections between the parties; therefore, all freelance services are performed by third parties not affiliated with Workana, with no responsibility for the freelance services or for the acts or omissions of third parties.

These Terms govern your use of our service platform. The terms “you”, “your”, or “yours” refer to the Client User or Freelancer User, as applicable. In these Terms, the terms “including” and “include” mean “including, but not limited to”. Before using the Workana Site, you must read and accept these Terms, the policies of the Workana Site, and all related information; if you do not accept them, you will not be able to access or use the Workana Site. By accepting these Terms, you agree that they will apply whenever you use the Workana Site or when you use the tools we make available to you. Workana may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Workana Site or any part of it, at any time and for any reason.

Workana may modify, without prior notice and at its discretion, the Terms related to the Workana Site. Modifications will take effect at the time of posting by Workana of the updated Terms at this location or the modified policies or additional terms on the corresponding services. Therefore, your continued access or use of the Workana Site after such posting constitutes your consent to be bound by the Terms and their modifications.

2. THE SERVICES

a. THE WORKANA SITE IS SOLELY A PLATFORM

The Workana Site is a digital marketplace where Client Users and Freelancer Users can identify each other and buy and sell services online. These specific services requested by Client Users, which are to be performed by Freelancer Users, are henceforth referred to as “Freelance Services”.

Workana provides services to Client Users and Freelancer Users, including hosting and maintenance of the Workana Site, and facilitates the contracting of services between Client Users and Freelancer Users. In doing so, Client Users and Freelancer Users use the Workana Site to engage, communicate, invoice, and pay online, in accordance with section 2.b. of these Terms.

Workana may contact Users through the WhatsApp instant messaging application. For these purposes, representatives will identify themselves with the Workana identity. Workana will not request any payments, password exchanges, or access data. If you receive any communication or notification under the identity of Workana but have any suspicion about its authenticity, please contact Workana support here: https://www.workana.com/es/contact/

WORKANA, THROUGH THE WORKANA SITE, PROVIDES INFORMATION AND A METHOD TO OBTAIN FREELANCE SERVICES, BUT DOES NOT PROVIDE NOR INTENDS TO PROVIDE SUCH FREELANCE SERVICES, THEREFORE, IT BEARS NO RESPONSIBILITY FOR THE FREELANCE SERVICES OR THE WORK PRODUCT DELIVERED BY FREELANCER USERS TO CLIENT USERS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS, REGULATIONS, OR CODES. IN THIS REGARD, WORKANA IS NOT AFFILIATED WITH, ENDORSED BY, OR SPONSORED BY ANY EXTERNAL PROVIDER.

b. SERVICES AMONG USERS

At the time a project or contest is awarded by a Client User to a Freelancer User, and the Freelancer User accepts it on the Workana Site, or when a Client User purchases an item from a Freelancer User, it will be considered that the Client User and Freelancer User have entered into a contract (“Service Contract”), whereby the Client User agrees to purchase, and the Freelancer User agrees to provide, the Freelance Services.

The Client User and Freelancer User may enter into a separate agreement from these Terms, provided that such agreement contains no contractual provisions contradictory to these Terms.

The Client User is solely responsible for fulfilling their obligations to the Freelancer Users. Failure to do so may result in liability to the concerned Freelancer User. Conversely, if a Freelancer User fails to fulfill any obligation to the Client User, or causes damage to their property or rights, the Client User is solely responsible for exercising any rights they may have. It is noted that Workana has no responsibility to exercise the rights of the Client User under a Service Contract or for damages to the person, property, or rights of the Client User caused by a Freelancer User.

Depending on their jurisdiction, Client Users and Freelancer Users may have rights under legal warranties that cannot be legally excluded. None of these Terms intend to invalidate rights that cannot be excluded under applicable law.

Each Client User and Freelancer User acknowledges and agrees that the relationship between the Client User and any Freelancer User is that of an independent contractor. Furthermore, none of the provisions of these Terms creates a partnership, joint venture, agency, or employment relationship between Client Users and Freelancer Users. None of the provisions of these Terms should be interpreted as if constituting a joint venture, partnership, or employer-employee relationship between Workana and any User.

c. DELIVERABLES FROM THE CLIENT USER

The Client User grants the Freelancer User a limited, non-exclusive, revocable (at any time at the sole discretion of the Client User) right to use the documentation and/or information and/or goods of the Client User, as necessary for the fulfillment of the Service Contract and the provision of the Freelance Services (“Client User Deliverables”). The Client User reserves all other rights and interests, including, but not limited to, all intellectual property rights, concerning the Client User Deliverables. At the time of fulfillment or termination of the Service Contract, or upon written request by the Client User, the Freelancer User shall immediately return all Client User Deliverables to the Client User and also agrees to delete all copies of the Client User Deliverables and the Work Product found in the facilities, systems, or other equipment of the Freelancer User or otherwise under the control of the Freelancer User.

The Client User has fifteen (15) consecutive days to accept the delivery of work performed by a Freelancer User valued up to 300 USD. If the Client User remains indifferent to this delivery by the Freelancer User, it will be deemed tacitly accepted, releasing the corresponding funds to the Freelancer User.

The Freelancer User agrees to provide a written certification to the Client User certifying the return or deletion of the Client User Deliverables within ten (10) days of receiving a written certification request from the Client User.

d. WORK PRODUCT

All commissioned work that may be subject to copyright performed by the Freelancer User in fulfillment of a Service Contract shall be the property of the Freelancer User until the Client User has made payment and the Freelancer User has accepted it. If the Client User pays an amount less than the agreed amount in the Service Contract, the Freelancer User may refund the paid amount within two (2) weeks from the date of payment and retain ownership of the Work Product.

In the event that intellectual property rights cannot be transferred under applicable law, the Freelancer User, through these Terms, irrevocably agrees to grant, and hereby grants, the Client User an exclusive (also excluding the Freelancer User), perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and market the Work Product in any manner currently known or discovered in the future. In the event that the granting of the license is not fully valid, effective, or applicable under applicable law, the Freelancer User hereby irrevocably agrees to grant, and hereby grants, the Client User the rights that the Client User reasonably requests in order to acquire, as far as possible, all rights equivalent to full legal ownership.

To ensure that the Client User can acquire, formalize, and use these intellectual property rights, the Freelancer User will: (i) transfer ownership, title, and possession of media, models, and other tangible objects containing the Work to the Client User; (ii) sign any documents, upon request from the Client User, to assist the Client User with the documentation, formalization, and enforcement of their rights; and (iii) provide the Client User with reasonable assistance and access to information to register, formalize, secure, defend, and enforce these intellectual property rights.

The Freelancer User also irrevocably authorizes the Client User to act and sign on behalf of the Freelancer User and to take any necessary action to formalize the Client User's rights. In the event that, under applicable law, the Freelancer User retains any rights of ownership, integrity, disclosure, and withdrawal of the work, and any other rights that may be known or referred to as “moral rights” (collectively, “Moral Rights”) or other inalienable rights over the Work and/or confidential information under the Service Contract, the Freelancer User irrevocably agrees to waive, and hereby waives, all such rights or, in the event that the Freelancer User cannot waive such rights, the Freelancer User agrees that they will not exercise such rights, until the Freelancer User has provided prior written notice to the Client User and, subsequently, only in accordance with any reasonable instruction that the Client User issues in order to protect their rights.

The Freelancer User must ensure that no work created or submitted by the Freelancer User includes software, technology, or other intellectual property pre-existing, whether such pre-existing intellectual property is owned by the Freelancer User or a third party, including, but not limited to, code written by proprietary software companies or developers in the open source community (collectively, “Pre-existing IP”), without having obtained prior written consent from the Client User to include such Pre-existing IP in the work. The Freelancer User acknowledges that, without prejudice to any other remedy that they might have, the Freelancer User will not be entitled to payment, and must refund all payments made to the Freelancer User for works performed under a Service Contract if the Work Product contains Pre-existing IP that was not approved in accordance with this section.

e. FREELANCER VETTING

Freelancer Users may be subject to a vetting process before they can register and during their use of the Workana Site. While Workana may perform background checks on the User, Workana cannot confirm that each User is who they claim to be and, therefore, cannot assume any responsibility for the accuracy or veracity of the identity, background check information, or information provided by the User through the Workana Site.

BY USING THE WORKANA SITE, YOU AGREE TO RELEASE WORKANA FROM ANY LIABILITY OR DAMAGE THAT MAY ARISE FROM A SERVICE CONTRACT. WORKANA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, INCLUDING EXTERNAL PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH FREELANCE SERVICES.

f. LICENSE

Subject to your compliance with these Terms, Workana grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and use the Workana Site on your personal device solely in connection with your use of the Workana Site; and (ii) access and use any related content, information, and materials that may be available through the Workana Site, in each case solely for your personal, non-commercial use. Workana and its licensors reserve all rights not expressly granted herein.

g. RESTRICTIONS

You may not: (i) remove any copyright or other proprietary notices from any part of the Workana Site; (ii) reproduce, modify, create derivative works from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Workana Site except as expressly permitted by Workana; (iii) decompile, reverse engineer, or disassemble the Workana Site except as allowed by applicable law; (iv) link to, mirror, or frame any part of the Workana Site; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Workana Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Workana Site; or (vi) attempt to gain unauthorized access to or impair any aspect of the Workana Site or its related systems or networks.

h. THIRD-PARTY SERVICES AND CONTENT

You may access third-party services and content (including advertising) through the Workana Site, which Workana does not control. In this respect, you acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Workana will in no case be responsible for any products or services of these third parties.

i. OWNERSHIP

The Workana Site and all rights therein are and shall remain Workana's property or the property of Workana's licensors. Neither these Terms nor your use of the Workana Site confer any rights: (i) in or related to the Workana Site except for the limited license granted above; or (ii) to use or reference in any manner Workana's company names, logos, product and service names, trademarks, or services marks or those of Workana's licensors.

3. YOUR USE OF THE SERVICES

a. ACCOUNTS

To use most of the services on the Workana Site, Users must register and maintain an active personal service account ("Account"). To create an Account, you must be at least eighteen (18) years old, or have reached the age of majority in your jurisdiction if it is not eighteen (18) years. Additionally, registering an Account requires you to provide certain personal information to Workana, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (a credit card or an accepted payment provider). Workana will process the information provided by you in accordance with the Privacy and Personal Data Protection Policy.

You agree to keep the information supplied accurate, complete, and updated in your Account. Failure to do so, including having an invalid or expired payment method registered, will result in Workana closing your Account.

You are responsible for all activity that occurs under your Account and agree to maintain the security and secrecy of your Account username and password at all times.

Unless Workana allows otherwise in writing, you may only possess one Account.

Freelancer User profiles must accurately reflect the individual's experience, skills, and personal information.

b. INACTIVE ACCOUNTS

At Workana, accounts that show no activity for a specified period may be subject to closure. An account is considered inactive based on the following criteria:

  • Accounts of Users who have not logged in for the past 12 months will be subject to a monthly maintenance fee of USD 15.00 (fifteen US dollars) for a maximum period of one year.
  • After two years of inactivity, user accounts that have not logged in during this period will be deactivated, and any remaining credit balances or open projects in the account will expire.

Regarding open projects in inactive accounts, it is clarified that:

  • The period for an open project with the status "in execution" to be considered inactive is 12 (twelve) months and begins from the date of the last message or deliverable.

  • Open projects with the status 'in progress,' but inactive for more than 12 months, will be considered terminated due to inactivity and will be reviewed to determine whether the deposit should be returned to the client or if the work has been correctly delivered. This will occur without generating any notification or notice to the parties involved and without the right to make claims.

To avoid inactivity, Users must keep their accounts active on the Workana site. An account that remains inactive for 12 continuous months will be classified as 'Inactive Account.' Once the account is deemed inactive, the aforementioned maintenance fee will be applied, intended to cover costs such as data storage, bandwidth, technical support, and profile management, including promotion and messaging.

This fee will be automatically deducted from the available balance in the account, ensuring it does not result in a negative balance. If the account is reactivated by logging in, the collection of the fee will be immediately suspended.

Users have the freedom to access their accounts and withdraw their credit balances at any time, following the platform's standard procedures.

Inactive accounts for more than two years will be closed. Users understand that they have no right to claims for the collection of this fee and accept that, should inactivity of more than two years or depletion of funds occur, whichever comes first, the account may be closed without the right to claims.

The closed account can be reactivated by logging in and accepting the terms and conditions of the platform anew.

c. USER REQUIREMENTS AND CONDUCT

The Workana Site is not available for use by minors. Additionally, you may not authorize third parties to use your Account, nor allow individuals under the age of majority to receive or offer Freelance Services unless they are in your company. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Workana Site and you may only use the Workana Site for lawful purposes. During your use of the Workana Site, you agree not to cause nuisance, annoyance, inconvenience, or property damage to any party.

In some cases, you may be required to provide proof of your identity to access or use the Workana Site, and you agree that you will be denied access to your Account or use of the Workana Site if you refuse to provide proof of identity.

d. ACCEPTABLE USE

During the duration of this relationship, you may use the Workana Site for your personal use. You may use the Workana Site to contract and/or offer Freelance Services only in locations where you are legally authorized to receive or offer Freelance Services. You may not use the Workana Site for any other purpose or in connection with any other commercial activity without our express prior written consent. You may not use the Workana Site in violation of any laws, rules, ordinances, or regulations. You agree that a request for Freelance Services constitutes an offer, which is considered accepted only when you receive a confirmation of the request. You agree to treat other Users courteously and legally, making the best use of your abilities.

The Client User agrees to reasonably cooperate with Freelancer Users to enable them to provide the Freelance Services. Freelancer Users agree that they will provide the Freelance Services only if they are qualified and capable of performing such Freelance Services. The Workana Site may contain profiles, email systems, blogs, message boards, applications, job announcements, chat areas, news groups, forums, communities, and/or other message or communication facilities (“Community Areas”) that allow you to communicate with other Users. You may use these Community Areas only to send and receive messages and materials that are relevant and appropriate to the particular forum. You must NOT use the Workana Site (including, but not limited to, any Community Area) to do the following:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the rights (such as rights of privacy and publicity) of others, including Workana staff.
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, or unlawful topics, names, materials, or information, or material, information, or content that involves the sale of counterfeit or stolen items.
  • Use the Workana Site or Freelance Services for any purpose or in any manner that violates local, state, national, or international law.
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy and publicity) of others.
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Post or upload any content for which you have not obtained the necessary rights or permissions to use accordingly.
  • Advertise or offer to sell any goods or services for any commercial purpose through the Workana Site that are not appropriate or relevant to the services offered through the Workana Site.
    Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Impersonate another person or user or allow any other person or entity to use your identity to post or view comments or use your Account in any way.
  • Repeatedly post the same or similar messages (spamming) is strictly prohibited.
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Workana Site.
  • Restrict or inhibit any other user from using and enjoying the Community Areas.
  • Imply or state that statements you make are endorsed by Workana, without our prior written consent.
  • Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Workana Site in any manner.
  • Hack or interfere with the Workana Site, its servers, or any connected networks.
  • Adapt, alter, license, sublicense, or translate the Workana Site for your own personal or commercial use.
  • Remove or alter, visually or otherwise, any copyrights, trademarks, or other proprietary notices from Workana.
  • Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
  • Upload content that provides materials or access to materials that exploit people under the age of majority in an abusive, violent, or sexual manner.
  • Use the Workana Site to recruit for other businesses, websites, or services, or otherwise contact Users for employment, contracting, or any other purpose not related to the services facilitated through the Workana Site.
  • Use the Workana Site to collect usernames and/or email addresses of members by electronic or other means.
  • Register under a different username or identity after your Account has been suspended or closed.

You understand that all postings made to Community Areas will be public and that you will be publicly identified by your name or login identification when communicating in Community Areas, and that Workana will not be responsible for the actions of Users with respect to any information or materials posted in Community Areas.

e. PROMOTIONAL CODES

Workana may, at its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Workana Site and/or Freelance Services, subject to any additional terms that Workana establishes on a per promotional code basis ("Promotional Codes"). You agree that Promotional Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted in public forums or otherwise), unless expressly permitted by Workana; (iii) may be disabled by Workana at any time for any reason without liability to Workana; (iv) may only be used according to the specific terms that Workana sets for such Promotional Codes; (v) are not redeemable for cash; and (vi) may expire prior to your use.

Workana reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotional Codes by you or any other user if Workana determines or believes that the use or redemption of the Promotional Code was in error, fraudulent, illegal, or in violation of the applicable Promotional Code terms or these Terms.

f. USER-PROVIDED CONTENT

Workana may, at its sole discretion, allow you (whether you are a Client User or Freelancer User) to submit, upload, publish, or otherwise make available to Workana through the Workana Site textual, audio, and/or visual content and information, including commentary and feedback related to the Workana Site, initiation of support requests, and submissions for competitions and promotions ("Content"). All Content provided by you remains your property. However, by providing Content to Workana, you grant Workana a global, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, reproduce, modify, distribute, publicly display, publicly perform, and otherwise utilize such Content in any format and distribution channels now known or hereafter devised, in connection with the operation of the Workana Site or otherwise in connection with Workana's business, provided that Workana attempts to notify you if it uses your Content for any purpose other than displaying it on the Workana Site.

You represent and warrant to Workana that you are the sole and exclusive owner of all Content or that you have all rights, licenses, consents, and releases necessary to grant Workana the license to the Content as set forth above, and that your Content will: (a) not be false, inaccurate, incomplete, or misleading; (b) not be fraudulent or involve the sale of counterfeit or stolen items; (c) not infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy of third parties; (d) not violate any laws, statutes, ordinances, or regulations (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (e) not be defamatory, libelous, unlawfully threatening, unlawfully harassing; (f) not be obscene or contain child pornography or be harmful to minors; (g) not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; and (h) not cause any liability for Workana or cause Workana to lose (in whole or in part) the services of its ISPs or other suppliers. Workana may, but is not obligated to, review, monitor, or remove Content, at Workana's sole discretion, at any time, for any reason, without notice to you.

g. DEVICES AND NETWORK ACCESS

You are responsible for obtaining the data network access necessary to use the Workana Site. Your mobile network's data and messaging rates and fees may apply if you access or use the Workana Site from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the applications and the Workana Site and any updates thereto. Workana does not guarantee that the Workana Site, or any portion thereof, will function on any particular hardware or devices. In addition, the Workana Site may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. PAYMENT

Client Users understand that the use of the Workana Site may lead to charges for the services or products they receive from a Freelancer User (“Charges”). After a Client User has received Freelance Services, Workana will facilitate the payment of the corresponding Charges on behalf of the Freelancer User, acting as a limited collection agent for the Freelancer User. This method of payment shall be deemed the same as payment made directly by the Client User to the Freelancer User. The Charges will include applicable taxes as required by law. Charges paid by the Client User are final and non-refundable, unless Workana decides otherwise at its sole discretion.

All Charges must be paid immediately, and Workana will facilitate the collection of payments through the preferred payment method specified in the Client User’s account. Following this, Workana will send a receipt via email to the Client User. If the primary payment method on the Client User’s account is expired, invalid, or otherwise not able to be used for charging, Workana may, acting as the limited collection agent of the Freelancer User, use a secondary payment method if available.

The Freelancer User agrees that Workana will act as their limited collection agent under these Terms. Moreover, Workana generally requires payment from the Client User before providing the corresponding Freelance Services and will transfer the payment to the Freelancer User once the Client User confirms that the Freelance Service has been performed. It should be understood that Workana is not responsible for non-payment or payment delays by Client Users.

Under sections 6 and 7 of these Terms, Workana reserves the right to (i) establish, remove, and/or revise Charges for any service or product obtained through the use of the Workana Site at any time and at its sole discretion, and (ii) determine how any payment received from a Client User in case of a dispute between the Client User and the Freelancer User will be handled, including the possibility of forwarding such payment to the Freelancer User, refunding the Client User, or retaining such payment in escrow until the dispute is resolved through legal or other means. Furthermore, you acknowledge and agree that the applicable Charges in certain geographic areas may significantly increase during periods of high demand. As such, Workana will make reasonable efforts to inform you about any such applicable Charges. Workana may, at its discretion, provide certain Client Users with promotional offers and discounts which may result in different charges for the same or similar services or products obtained through the use of the Workana Site, and you agree that these offers and discounts, unless also made available to you or applicable to you, shall not affect your use of the Workana Site or the Charges applied to you. Client Users may cancel requests for services or products from a Freelancer User at any time, and in such cases, Client Users may be subject to a cancellation fee.

5. INTELLECTUAL PROPERTY; COPYRIGHT; CONFIDENTIALITY

a. INTELLECTUAL PROPERTY RIGHTS

All text, graphics, editorial content, data, formatting, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, fonts, and other content (collectively, "Proprietary Material") you see or read through the Workana Site is owned by Workana, except for the content that Workana is entitled to use as detailed in Section 3, paragraph f of these Terms. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. Workana owns all Proprietary Material as well as the coordination, selection, arrangement, and enhancement of such Proprietary Material.

This Proprietary Material is protected by domestic and international intellectual property laws, patents, and other proprietary rights and laws. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Workana Site without the express prior written consent of Workana and, if applicable, the copyright holder. Any use of Proprietary Material other than as permitted under these Terms is strictly prohibited without prior permission from Workana and, if applicable, from the copyright holder.

The service marks and trademarks of Workana, including without limitation "Workana" and the Workana logos, are service marks owned by Workana. Any other trademarks, service marks, logos, and/or trade names appearing on the Workana Site are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.

b. COPYRIGHT CLAIMS AND COPYRIGHT AGENTS

Workana respects the intellectual property rights of others and expects Users to do the same. If you believe in good faith that any materials provided on or in connection with the Workana Site violate your copyright or other intellectual property rights, please send the following information to the address listed: 1732 1ST AVE, NUMBER 28490, New York, NY 10128, United States, or you may send it to our support team here: https://www.workana.com/es/contact with the identification of the intellectual property right that you believe has been infringed. All relevant registration numbers must be included, or a statement regarding the ownership of the work.

  • A statement specifically identifying the location of the infringing material, with enough detail that Workana can find it on the Workana Site. Please note that providing a top-level URL is not sufficient.
  • Your name, 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 owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • A physical or electronic signature of the copyright owner or of the person authorized to act on behalf of the copyright owner.

c. CONFIDENTIAL INFORMATION

You acknowledge that Confidential Information (as defined below) is a valuable, special, and unique asset of Workana and agree that you will not disclose, transfer, use, or induce others to disclose, transfer, or use Confidential Information for any purpose other than as necessary to fulfill the purposes of these Terms, except as required under applicable law or regulation or as required by a legally enforceable request from a court or government authority. In such cases, you must notify Workana immediately about the existence, terms, and circumstances surrounding such a request, unless doing so would breach the terms of the request itself. You must also promptly notify Workana in writing of any circumstances that might constitute unauthorized disclosure, transfer, or use of Confidential Information. You will take all reasonable steps to protect Confidential Information from unauthorized disclosure, transfer, or use. You shall return all originals and any copies of documents containing Confidential Information to Workana at the time you cease using the Workana Site for any reason. "Confidential Information" refers to all trade secrets, confidential and proprietary information, and all other information and data of Workana that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information includes technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, and other business information disclosed by Workana either directly or indirectly in writing, orally, or by drawings or observation.

6. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

a. DISCLAIMERS

The products and services purchased or offered through the Workana Site, including, but not limited to, Freelance Services ("Workana Services"), are provided "AS IS" without any warranty of any kind from Workana or third parties unless explicitly and unequivocally provided in writing for a specific product. WORKANA SERVICES ARE SUBJECT TO AVAILABILITY. THE USE OF WORKANA SERVICES BY THE USER IS AT THEIR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WORKANA SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOTWITHSTANDING THE FOREGOING, WORKANA AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT WORKANA SERVICES WILL MEET THE USER'S REQUIREMENTS; THAT WORKANA SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT WORKANA SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WORKANA DOES NOT WARRANT THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF FREELANCERS. THE USER ACKNOWLEDGES THAT THE USE OF WORKANA SERVICES IS AT THEIR SOLE RISK AND DISCRETION TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU AGREE THAT WORKANA IS NOT RESPONSIBLE FOR YOUR ACTIONS OR OMISSIONS OR THOSE OF ANY USER.

b. LIMITATION OF LIABILITY

WORKANA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING FROM THE WORKANA SERVICES OR OTHERWISE RELATED TO THE USE THEREOF, EVEN IF WORKANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WORKANA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING FROM: (i) YOUR PROVISION, USE, OR RELIANCE ON WORKANA SERVICES OR YOUR INABILITY TO ACCESS OR USE WORKANA SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU, THE CLIENT USER, AND ANY FREELANCER, EVEN IF WORKANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WORKANA SHALL NOT BE LIABLE FOR DELAY OR FAILURE RESULTING FROM CAUSES BEYOND WORKANA'S REASONABLE CONTROL. THE CLIENT USER ACKNOWLEDGES THAT FREELANCERS OFFERING FREELANCE SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL WORKANA'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE TOTAL CHARGES PAID OR RECEIVED BY YOU THROUGH WORKANA DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CLAIM IS PRESENTED.

WORKANA SERVICES MAY BE USED BY THE CLIENT USER TO REQUEST AND SCHEDULE LOGISTICS PRODUCTS OR SERVICES FROM FREELANCERS, BUT YOU AGREE THAT WORKANA HAS NO RESPONSIBILITY WHATSOEVER FOR THE LOGISTICS PRODUCTS OR SERVICES PROVIDED TO THE CLIENT USER BY FREELANCERS OR WITH RESPECT TO THE USE OF THE FREELANCE SERVICES BY THE CLIENT USER (INCLUDING NON-PAYMENT) BEYOND WHAT IS EXPRESSLY ESTABLISHED IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER THE RIGHTS OF THE CLIENT USER AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

c. INDEMNITY

You agree to indemnify and hold harmless Workana and its officers, directors, employees, and agents from any claims, demands, losses, liabilities, and expenses (including, but not limited to, attorneys' fees) arising from or related to: (i) your use of the Workana Site or the services or products obtained or provided or sold through your use of the Workana Site, including any data or content transmitted or received by you, or the access or use of the Workana Site by a third party with your username and password; (ii) your breach or violation of any of these Terms or applicable laws, rules, or regulations (including, but not limited to, tax or labor laws); (iii) Workana's use of your Content; or (iv) your violation of the rights of any third parties, including Freelancers and Client Users.

7. DISPUTES BETWEEN FREELANCE USERS AND CLIENT USERS

Interactions between Client Users and/or Freelance Users and/or between them and organizations and/or individuals found on or through the Workana Site, including payment and delivery of products and services, and any other terms, conditions, warranties, or representations associated with such communications, are conducted solely between you and such organizations and/or individuals. You should carry out whatever investigations you consider necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. The Client User and/or Freelance User agrees that Workana shall not be responsible for any loss or damage of any sort incurred as the result of such communications.

If there is a dispute between Client Users and/or Freelance Users, or between Client Users and/or Freelance Users and any third party, you agree that Workana, at its sole discretion, may determine the amount of the Charges and to whom they should be remitted in accordance with section 4 of these Terms, it being understood that Workana shall in no case have the obligation to involve itself in such disputes.

In connection with disputes with other Client Users or Freelance Users, you hereby agree to indemnify and hold Workana harmless from any claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

8. DISPUTES WITH WORKANA

a. WAIVER OF JURY TRIAL

You agree that any disputes, claims, or controversies arising out of or related to these Terms, or the breach, termination, enforcement, interpretation, or validity of these Terms, or the use of the Workana site ("Dispute" or collectively, "Disputes"), will be resolved through binding arbitration between you and Workana. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or as part of any class action or representative proceeding. Furthermore, unless you and Workana agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a class or representative proceeding.

However, as previously mentioned, each party reserves the right to seek injunctive relief in a competent court to prevent the actual or potential infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

b. INFORMAL NEGOTIATION

To expedite resolution and reduce the cost of any dispute, claim, or controversy related to these Terms or otherwise arising from your relationship with Workana, you agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the address listed on your Workana account, and Workana's address for such notices is Workana LLC, 1732 1ST AVE, NUMBER 28490, New York, NY 10128, United States.

c. ARBITRATION

As specified in section 8(a), you agree to resolve any Dispute with Workana through binding arbitration by the American Arbitration Association (“AAA”) in Miami, Florida, in accordance with the then-current Commercial Arbitration Rules of the AAA ("AAA Rules"). The party seeking arbitration must submit the written “Arbitration Demand” form as specified in the AAA Rules ("Arbitration Demand"). The arbitrator will be a retired judge or a licensed attorney authorized to practice law in the state of Florida and will be selected by the parties from the AAA's list of consumer dispute arbitrators. If the parties cannot agree on an arbitrator within seven (7) days of sending the Arbitration Demand, then the AAA will appoint an arbitrator in accordance with the AAA Rules. The arbitrator will issue a ruling within the timeframe specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions on which the arbitrator based the award. Judgment on the arbitration award may be entered in any court of competent jurisdiction in Miami-Dade County, Florida. Damages included in the arbitration award shall be consistent with the terms of Section 6 of these Terms regarding the type and amount of damages for which a party may be held liable. The arbitration award will include costs of arbitration, reasonable attorney's fees, and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Federal Arbitration Act of the United States will govern the interpretation and enforcement of this section.

9. OTHER PROVISIONS

a. APPLICABLE LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, excluding its principles of conflicts of law.

b. NOTICES

Workana may provide notifications via a general notice on the Workana Site, or by email to the email address associated with your account. Such notices shall be deemed delivered 12 hours after the email is sent.

You may send notices to Workana at any time by registered mail or prepaid post to Workana, 1732 1ST AVE, NUMBER 28490, New York, NY 10128, United States, and such notices shall be deemed delivered when received by Workana.

c. PREVAILING LANGUAGE

The Spanish language version of these Terms shall prevail regarding all aspects and in the event of a conflict with translated versions, if any.

d. ASSIGNMENT

You may not assign these Terms without the prior written approval of Workana. You acknowledge and agree that Workana may assign these Terms to: (i) subsidiaries or affiliates; (ii) acquirers of equity, business, or assets of Workana; or (iii) successors by merger. Any attempt to assign in violation of this section shall be null and void.

e. INDEPENDENCE OF PARTIES

There is no joint venture, partnership, employment, or agency relationship created between you and Workana as a result of these Terms or use of the Workana Site.

f. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

g. WAIVER

The failure of Workana to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Workana in writing.

BY CLICKING “I ACCEPT,” YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND TAKEN STEPS TO CONSIDER THE CONSEQUENCES OF THESE TERMS, THAT YOU AGREE TO BE BOUND BY THESE TERMS, AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT WITH WORKANA.

 

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