Terms of Use

This document explains the rules that keep our marketplace running. We call these rules our Terms of Use. They apply to CDIWork.com and all the websites and apps we own or run. (And by we, we mean CDIWork and our affiliates, which we may also refer to as us.)

These terms explain how we expect you to behave when you’re using CDIWork – whether you’re a registered user or unregistered site visitor on our site. Please read these rules carefully: by using our site, you’re agreeing to follow them.

Contents

1. About licenses and third-party content
   1. We grant you permission to use our site and services
   2. We can stop you using our site and services
   3. We keep the rights to our intellectual property
   4. You can use CDIWork to share your content with the world
      1. You’re responsible for what you post
      2. Other people have some rights to what you post
      3. We’re open to your ideas
   5. Third parties post on CDIWork too
   6. You can make a copyright complaint
2. What you're permitted to do on CDIWork
3. What you're prohibited from doing on CDIWork
   1. Posting unacceptable content
   2. Acting in a misleading or fraudulent way
   3. Treating others unfairly
   4. Abusing our feedback system
   5. Other prohibited uses
4. Enforcing our terms of use
   1. We enforce these regulations
   2. Tell us if you see someone breaking these rules
5. Definitions

1. About licenses and third-party content

In this section, we outline the terms for utilizing our site, which we strive to maintain for seamless operation (1.1). This entails our authority to suspend individuals from using our site and services if deemed necessary (1.2).

You are not permitted to utilize our intellectual property (1.3), but you can contribute your own content to CDIWork. You bear responsibility for this content (1.4), and conversely, we do not assume responsibility for content posted by other users (1.5). Should you believe that someone is infringing on your copyrighted material, kindly inform us (1.6).

1.1 We let you use our site and services

In essence, we're granting you a 'limited license' to access the site. Here's what that entails:

• We grant you permission to access our website and services (referred to as the services). You are entitled to this access (or limited license) as long as you adhere to these terms of use and all other applicable Terms of Service.
• We strive to ensure that our services are secure and functioning properly, but we cannot guarantee uninterrupted access. In fact, we reserve the right to discontinue certain features or the services entirely, and we are not obligated to provide prior notice in such cases.

1.2 We can stop letting you use our services

We reserve the right to revoke your access to our services at any time.

• If you violate our Terms of Use or any other provisions of our Terms of Service, we have the authority to revoke your access to CDIWork. This action is formally referred to as terminating your license. If such an event occurs, we will notify you, and you must promptly cease using our services.

1.3 We keep the rights to our intellectual property

Utilizing our services does not grant you the right to use any of our trademarks or other intellectual property, including copyrights and patents. We retain full ownership of all our intellectual property rights, even while allowing you to use our services.

Our logos and names are registered trademarks in specific jurisdictions. Any other product or company names, logos, or similar marks and symbols visible on CDIWork may be trademarked by our partners or other users like yourself.

1.4 You can use CDIWork to share your content with the world

1.4.1 You're responsible for what you post

You bear full responsibility for your actions on our site and for any content you publish on it. In the event that someone lodges a claim against us due to content you've posted, you agree to reimburse us for our legal fees and expenses (legally termed 'indemnification').

• When you post content on or through our site, or provide us with content for posting, you affirm that you are solely responsible for that content, and we bear no responsibility. Furthermore, you agree to only post or provide content that:
• You have the right to post
• Is lawful
• Does not infringe upon anyone's rights, including intellectual property rights

You acknowledge and agree that the individual posting the content is accountable for any harm caused by that content—not CDIWork—and that you will indemnify and defend us, along with our partners, employees, and representatives, against any costs, legal proceedings, or government actions resulting from your content.

1.4.2 Other people have some rights to what you post

When you post content on the site, you grant other individuals certain rights to that content.

By posting content on our site, you grant us and our affiliates a perpetual right (referred to as an 'irrevocable and nonexclusive worldwide license') to utilize, modify, and distribute that content globally, without the need for royalty payments. If your name, voice, or image is included in the content you post, we may also use them on the site or in our everyday operations. For instance, if you're a freelancer, we might share your profile with clients whom we believe could be a suitable match.

Additionally, you grant each user and site visitor the right to access and use your content through the site. They also have the privilege to utilize, duplicate, and share your content—as long as they do so through the site and adhere to both our Terms of Service and applicable laws.

We may display advertisements adjacent to your content and information without compensating you. Depending on the preferences you specify in your profile, we may also feature your name or photo when promoting one of our features.

1.4.3 We’re open to your ideas

We welcome your input on how to enhance CDIWork. Here's what occurs when you share your ideas with us.

• You have the option to provide us with comments and suggestions regarding our services and potential improvements. By doing so, you acknowledge that your ideas are voluntary and provided without expectation of compensation, unless we have explicitly solicited your ideas and offered something in return (which we honor).
• You agree that we have the liberty to utilize, modify, and distribute your idea as we see fit, without being obligated to provide you with anything in return. Furthermore, if you submit an idea, you consent to our right to utilize similar or related ideas, including those we already possess or receive from others.

1.5 Third parties post on CDIWork, too

Individuals who utilize our site are accountable for the content they post or link to on CDIWork.

We bear no responsibility for the accuracy or reliability of any content shared by other users on our site, unless they are officially affiliated with us when sharing or posting the content. The content shared represents the opinions of the individual sharing it, not CDIWork.

Additionally, our site may include links or provide access to third-party websites and applications. These sites and applications are owned and operated by parties other than CDIWork. The inclusion of a link or application to a third-party website does not imply our endorsement, and you agree to utilize it without our endorsement.

1.6 You can make a copyright complaint

If you believe that content on our site violates your rights, you have the option to request its removal.

We are committed to adhering to U.S. copyright and related laws, and we expect site visitors and users to do the same. This entails refraining from using our site to store or share any material that infringes upon anyone's intellectual property rights, including their rights under U.S. copyright law.

If you are the owner of copyrighted work and believe that your rights under U.S. copyright law have been infringed by any content on our site, the Digital Millennium Copyright Act allows you to request its removal.

2. What you’re allowed to do on CDIWork

You are permitted to use our services solely for professional purposes and to gain knowledge from the content we provide.

Our site and services are designed for business use, rather than personal or consumer use. We operate our marketplace to facilitate users in finding each other, establishing working relationships, and facilitating payments for work completed.

Additionally, you may utilize some of our services to access information that we believe may be informative and beneficial for our site visitors and users, such as our CDIWork blog. While we strive to ensure that this information is accurate and up-to-date, errors may occasionally occur. We do not make any guarantees regarding the accuracy or reliability of information posted on our site, so it should not be relied upon as tax or legal advice. It is advisable to independently verify the information for accuracy.

3. What you’re not allowed to do on CDIWork

Certain activities on the site are prohibited. We provide detailed information on these prohibitions, which include:

1. Posting unacceptable content (3.1)
2. Engaging in misleading or fraudulent behavior (3.2)
3. Treating others unfairly (3.3)
4. Abusing our feedback system (3.4)
5. Other prohibited uses (3.5)

In essence, you are prohibited from using our services to engage in or promote activities that are illegal, fraudulent, or harmful. If a particular activity is not listed in the sections below, it does not mean it is permissible. When uncertain, we encourage you to contact us for clarification.

3.1 Posting unacceptable content

You are prohibited from offering, sharing, endorsing, or seeking anything that:

• Is illegal or defamatory
• Is violent, discriminatory, or harassing, either generally or towards a specific person or group (or encourages others to do so), including individuals who are part of legally protected groups
• Is sexually explicit or related to sex work or escort services
• Is in any way related to child exploitation
• Would infringe upon any intellectual property rights, including copyrights
• Would violate our Terms of Service, another website’s terms of service, or any similar contract
• Would contravene professional or academic standards or policies, including submitting someone else’s work as your own, or engaging in ghost-writing of essays, tests, or certifications
• Involves soliciting or purchasing fake reviews, or is linked to the creation or dissemination of misleading content (such as 'deep fakes' or 'fake news') intended to deceive others.

3.2 Acting in a misleading or fraudulent way

On CDIWork, engaging in dishonest or deceptive behavior is strictly prohibited.

You are not allowed to misrepresent yourself, your experience, skills, or professional qualifications, or those of others. This includes:

• Providing false information about your experience, skills, or professional qualifications
• Using generative AI or other tools to significantly enhance your job proposals or work product if such use is restricted by your client or violates any third-party rights
• Presenting any part of someone else’s profile or identity as your own
• Using a profile picture that does not accurately represent you or misrepresents your identity
• Impersonating or falsely attributing statements to any person or entity, including a CDIWork representative or forum leader
• Falsely claiming or implying a connection to a person or organization (including CDIWork), such as stating you work for a specific company when you do not, or agencies using a freelancer's profile after they have ceased working together

Furthermore, you must always be transparent about who is performing the work. This means you cannot:

• Allow someone else to use your account in a manner that misleads other users
• Falsely claim that one freelancer will complete a job when another individual will actually do so, including submitting a proposal on behalf of a freelancer who cannot or will not perform the work

We place particular emphasis on preventing fraud and misrepresentations related to payments. This entails:

For Freelancers:

• Prohibiting fraudulent charging of a client, including falsifying hours, keystrokes, or clicks recorded in the CDIWork app
• Reporting or billing for time not actually worked
• Claiming credit for work performed by someone else without actually completing the work
• Demanding bribes or other payments without the intention of providing services in exchange

For Clients:

• Prohibiting engagement in fraud related to payments, such as posting jobs with payment terms that are objectively unreasonable or disproportionate to the requested services
• Demanding services without the intention of providing payment or failing to provide payment for services rendered

3.3 Treating others unfairly

It is imperative that all individuals are treated fairly and lawfully on CDIWork.

You are prohibited from using CDIWork to:

• Express an unlawful preference in a job post or proposal
• Unlawfully discriminate against anyone
• Incite or encourage violence
• Post personal identifying information or other sensitive, private data about another individual
• Spam other users with proposals or invites. This includes posting the same job multiple times simultaneously and contacting individuals you have connected with on CDIWork outside of the platform without their consent
• Engage in or demand bribes or payments for anything other than the completion of work
• Request or demand free work. You cannot ask freelancers to provide work for minimal or no compensation as part of a proposal bid or competition
• Request a fee in order to submit a proposal
• Request or provide services primarily focused on making purchases on behalf of another person, including the acquisition of cryptocurrency or NFTs

3.4 Abusing our feedback system

You are required to use our feedback system in a truthful and equitable manner.

This entails refraining from:

• Withholding payment or work until positive feedback is received
• Exchanging payment (or anything of value) for feedback, including with third parties
• Coercing another user by threatening negative feedback
• Using the system to express unrelated views, such as those regarding politics or religion
• Offering or accepting fake services to enhance your feedback or rating score, a practice known as feedback building

3.5 Other uses that aren’t allowed

CDIWork relies on technology and trust, and here's how we maintain those elements:

• You are prohibited from copying, sharing, or giving away your account. Multiple accounts are not allowed, and you cannot sell, trade, or transfer your account to anyone else without our permission.
• You cannot bypass CDIWork by communicating directly with another user or sharing contact information outside of the platform before agreeing to a service contract. This includes adding contact details to job posts, profiles, communications, or other content, except for Enterprise clients who may have exceptions.
• Promotion of other organizations, including advertising other websites, products, or services, is not permitted. Similarly, you cannot recruit freelancers or clients to join another agency, website, or company unless you pay a fee to CDIWork. Refer to Section 7 of our User Agreement for further details.
• Interference with our technology or tampering with our site or services is strictly prohibited. This includes bypassing security features, compromising our systems, using automated tools without permission, copying or distributing information without consent, collecting identifiable information, overwhelming the site with excessive data, introducing malware or viruses, accessing services through unauthorized technology, framing or linking to the services without permission, using services to replicate CDIWork, identify or poach users, or publish performance analysis of the site. Additionally, reverse engineering, deciphering, modifying, or extracting source code from our site that is not open source is prohibited without written permission.

4. Enforcing our terms of use

If you violate any of these rules, we reserve the right to suspend your account and prohibit you from using CDIWork (4.1). Should you observe another user breaking these rules, please inform us (4.2).

We retain the authority to investigate any potential violations of these terms of use and may opt to suspend, modify, or remove any content on our site as deemed necessary.

While we cannot guarantee that we will take action against every potential violation, failure to take action against one breach does not waive our right to take action against any future breaches, whether or not they are related to the initial breach.

In the event of suspected rule-breaking, we reserve the right to prohibit your use of our site at any time. Should we disable or close your account, you will no longer have access to any of our services. However, the following provisions will remain in effect:

• Our rights to utilize and share your feedback
• The rights of our users and visitors to share your content (as outlined in section 1.4.2)
• Your agreement to abide by all the rules outlined in section 3 on this page.

If you become aware of a violation of our Terms of Use, here's what you should do:

If you believe anyone is violating any of our terms of use, please notify our customer service team or report it wherever you see the appropriate flag.

Should we investigate the breach, you agree to cooperate with our investigation and take reasonable steps to assist us in resolving the issue.

Here are explanations of some terms used in our Terms of Use. Any other terms in italics should be defined when they are mentioned in the User Agreement or Terms of Service.

• Affiliate: Any entity or individual that is involved in management, is managed by, or shares management with us.
• Client: An individual using our site to seek freelancer services from another user.
• Deep Fake: A video or image that has been digitally altered to replace one person with another in a deliberately misleading manner, without obtaining consent from the person whose likeness has been used.
• Freelancer: An individual or agency utilizing our site to offer their services to clients.
• Freelancer Services: The tasks undertaken by freelancers on CDIWork.
• Means of Direct Contact: Information that enables direct communication with an individual, allowing them to bypass our site. Examples include phone numbers, email and physical addresses, social media accounts, and personal websites containing contact information.
• Site Services: All services, applications, and products accessible through CDIWork, excluding freelancer services.
• Content: Any material that users post to CDIWork, such as comments, profiles, feedback, images, or other information. This encompasses content posted by users, even if elements of it were generated by generative AI or other tools, or in response to queries posed by CDIWork or other users.

Platform Role & Structure

CDIWork LLC (“CDIWork”, “we”, “us”, “our”) operates a digital services platform (the “Platform”) that connects clients (“Clients”) with skilled professionals (“Talents”) and coordinates the delivery of services.

CDIWork acts as the primary service provider to Clients and may fulfill services using:

• Internal team members, and/or
• Independent contractors (“Talents”) engaged by CDIWork.