Terms of Use

1. Agreement to Terms

These Terms of Use (“Terms” or “Agreement”) constitute a legally binding agreement between you (“You” or “User”) and Work Innovations DBA Work, a Utah corporation, including its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively, “Work,” “we,” “us,” or “our”).

These Terms govern your use of:

• The Work website at joinwork.ai (the “Website”)
• The Work platform and technology services (the “Platform”)
• All related content, features, and services (collectively, the “Services”)

By accessing or using any part of the Services, you agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines (when published), which are incorporated herein by reference.

If you do not agree to these Terms, you may not access or use the Services.

1.1 Eligibility

You must be at least eighteen (18) years old and have the legal authority to enter into these Terms. By using the Services, you represent and warrant that you meet these requirements.

1.2 Entity Users

If you use the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, “You” refers to both you individually and the entity you represent.

1.3 Additional Agreements

In addition to these Terms:

• Workers may be required to accept a Contractor Services Agreement or Employment Agreement, depending on their classification
• Employers may be required to accept an Online Services Agreement or Master Services Agreement

If there is a conflict between these Terms and any separate agreement you have entered into with Work, the separate agreement shall control with respect to the subject matter of that agreement.

1.4 Amendments

We may amend these Terms from time to time. For material changes, we will notify you by email at least thirty (30) days before the changes take effect. Minor clarifications or legally required changes may take effect immediately upon posting.

Your continued use of the Services after changes become effective constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop using the Services.

2. About Work

2.1 What We Do

Work operates an online staffing platform that connects businesses seeking workers (“Employers,” “Businesses,” or “Clients”) with individuals seeking work opportunities (“Workers” or “Contractors”) for shift-based assignments (“Shifts,” “Jobs,” or “Assignments”).

Our Services enable:

• Employers to post Shift opportunities and find qualified Workers
• Workers to discover and accept Shifts that match their skills and availability
• Communication between Workers and Employers through the Platform
• Payment processing for completed work
• Ratings and reviews to build trust and accountability

2.2 Staffing Agency Services

Work operates as a staffing agency. Depending on the arrangement, Workers may be engaged as:

• Independent Contractors (1099): Workers operate as independent contractors providing services to Employers
• Employees (W2): Workers may be employed by Work or by the Employer, depending on the specific arrangement

The classification and employment relationship will be specified in the applicable agreement for each engagement.

2.3 What We Don't Do

Work is not responsible for:

• The quality of work performed by Workers
• The accuracy of information provided by Workers or Employers
• Workplace conditions at Employer locations
• Disputes between Workers and Employers (except as required to facilitate resolution)
• Guaranteeing that Workers will find Shifts or that Employers will find Workers

3. Your Relationship with Work

3.1 Independent Contractor Workers

When Workers are engaged as independent contractors (1099), they are not employees of Work. Nothing in these Terms creates an employment, joint venture, partnership, or agency relationship between Work and independent contractor Workers.

Independent contractor Workers:

• Control how, when, and where they perform services
• May accept or decline Shifts at their discretion
• Are responsible for their own taxes, insurance, and benefits
• May work for other platforms or employers

3.2 Employee Workers (W2)

When Workers are engaged as employees (W2), the employment relationship will be with either:

• Work as the employer of record, or
• The Employer client as the direct employer

The specific employment arrangement will be clearly specified in the applicable Employment Agreement or engagement documentation. A Worker cannot be simultaneously employed by both Work and the Employer client for the same engagement.

When Work is the employer of record for W2 Workers:

• Work may provide workers' compensation insurance (Workers may opt out where permitted by law)
• Work handles payroll taxes and required withholdings
• Work provides required employment documentation

3.3 Employer Relationships

Employers using the Platform are clients of Work, not partners, joint venturers, or agents. Employers retain full responsibility for:

• Compliance with applicable employment and labor laws at their worksites
• Workplace safety and conditions
• Proper treatment of Workers at their locations
• Any direct employment relationships they establish with Workers

3.4 Direct Relationships

When a Worker accepts a Shift from an Employer, a direct business or employment relationship is created between the Worker and the Employer (and/or Work, depending on the arrangement). Work facilitates this connection but is not a party to the work arrangement itself, except when Work is the employer of record for W2 Workers.

4. Account Registration

4.1 Account Required

To access most features of the Services, you must register for an account (“Account”). During registration, you will be required to provide certain information, which may include:

For Workers:

• Full legal name
• Email address
• Phone number
• Home address
• Date of birth
• Profile photograph
• Social Security Number (for tax and verification purposes)
• Skills and certifications
• Work history

For Employers:

• Company name
• Contact person name
• Business email and phone
• Business address
• Tax Identification Number (EIN)
• Payment information

4.2 Accuracy of Information

You agree that all information you provide is accurate, current, and complete, and that you will keep it up to date. Providing false or misleading information is grounds for immediate account termination.

4.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your Account
• Notifying us immediately if you suspect unauthorized access

To report unauthorized access:

• Workers: Use in-app chat support or email support@joinwork.ai
• Employers: Email support@joinwork.ai

Work is not liable for any losses resulting from unauthorized use of your Account.

4.4 Identity Verification

We may require you to verify your identity through our third-party provider (Persona). This may include providing government-issued identification and biometric information. You agree to comply with all verification requirements.

4.5 Biometric Data Consent

As part of identity verification, we may collect biometric identifiers or biometric information, such as facial geometry data extracted from your government-issued ID and selfie photographs. By using our identity verification features, you consent to:

• The collection and use of your biometric data for identity verification purposes
• The sharing of biometric data with our third-party verification provider (Persona)
• The retention of biometric data for the duration of your account plus three (3) years, or as required by law

You may withdraw your consent by deleting your account, though this may prevent you from using certain Services.

4.6 Background Checks and FCRA Rights

Work may conduct background checks on Workers through our third-party provider (Persona). By using the Services and consenting to a background check, you acknowledge that:

• A consumer report and/or investigative consumer report may be obtained for employment purposes
• The background check may include criminal history, identity verification, and other information
• You have the right to request disclosure of the nature and scope of the investigation

Your Rights Under the Fair Credit Reporting Act (FCRA):

• Before any adverse action is taken based on information in a consumer report, you will receive a copy of the report and a summary of your rights
• You have the right to dispute the accuracy or completeness of any information in your consumer report
• You may request a free copy of your report from the consumer reporting agency
• The consumer reporting agency must investigate disputed items within 30 days

Important: Background check results are one factor in our review process. A criminal record does not automatically disqualify you from using the Services. We conduct individualized assessments in accordance with applicable law.

5. Platform Features and Services

5.1 Shift Marketplace

The Platform enables Employers to post Shifts and Workers to browse and accept available opportunities. When a Worker accepts a Shift, they agree to perform the specified services for the Employer according to the terms of that engagement.

5.2 Worker Search

Employers may search for and discover Workers based on skills, experience, availability, ratings, and other criteria. This feature helps Employers find qualified Workers for their needs.

5.3 Direct Hiring

Employers may use the Platform to identify and directly hire Workers as their own employees, separate from Work's staffing services (“Direct Hiring”).

Direct Hiring Fees: Employers who directly hire a Worker within twelve (12) months of the Worker's last Shift with that Employer may be subject to a placement fee as specified in the applicable services agreement.

Important: Upon completion of a Direct Hiring arrangement:

• The Worker becomes an employee of the Employer, not Work
• Work's involvement and liability terminates
• The Employer assumes all responsibility for the employment relationship, including compensation, benefits, working conditions, performance management, and termination
• Work is not responsible for workers' compensation, taxes, unemployment insurance, or any other employment-related obligations
• The Employer agrees to indemnify Work for any claims arising from the direct employment relationship

5.4 Messaging and Communication

The Platform includes messaging features that enable Workers and Employers to communicate, including:

• Direct messaging between Workers and Employers
• Group chat for coordinating Shifts
• Platform notifications and alerts

All communications through the Platform are subject to these Terms and our Community Guidelines. Work may monitor communications for safety and compliance purposes.

5.5 Ratings and Reviews

Workers and Employers may rate and review each other after completed Shifts. Ratings and reviews:

• Must be honest, accurate, and based on genuine experiences
• May not contain harassment, discrimination, or false statements
• May affect visibility and matching on the Platform
• May be removed by Work if they violate these Terms or our Community Guidelines

If you disagree with a rating or review, you may report it to us for review.

5.6 Digital Wallet

Workers may access digital wallet services through Stripe for receiving payments. Use of digital wallet features is subject to Stripe's terms and conditions in addition to these Terms.

6. Fees and Payment

6.1 Platform Fees

Work charges fees on a per-Shift basis. Fees may be charged to:

• Employers (as a markup or service fee on Worker compensation)
• Workers (as a platform fee deducted from earnings)
• Both parties, as disclosed at the time of each transaction

Current fee structures are displayed on the Platform and may vary based on the type of engagement, Worker classification, and other factors.

6.2 Worker Compensation

Employers set the compensation rates for Shifts. Workers can view the compensation before accepting any Shift. By accepting a Shift, the Worker agrees to the stated compensation.

6.3 Payment Processing

Work facilitates payment processing for Shifts completed through the Platform:

• Independent Contractors (1099): Payment timing varies based on the arrangement (same day, next business day, weekly, or bi-weekly)
• W2 Employees: Payment is processed according to applicable payroll schedules and employment law requirements

Payment timing depends on the Worker's classification and the specific engagement terms.

6.4 Payment Disputes

If you have a dispute regarding payment:

• Contact support@joinwork.ai within thirty (30) days of the disputed payment
• Provide documentation supporting your dispute
• Work will investigate and respond within fourteen (14) business days

6.5 Taxes

Independent Contractors are responsible for their own taxes. Work will provide required tax documentation (such as Form 1099) as required by law.

W2 Employees will have applicable taxes withheld by their employer (Work or the Employer client, as applicable).

7. User Content

7.1 Definition

“User Content” means any content you submit, upload, or make available through the Services, including:

• Profile information and photographs
• Messages and communications
• Ratings and reviews
• Shift postings and applications
• Any other content you provide

7.2 Your Responsibility

You are solely responsible for your User Content, including ensuring that it:

• Is accurate and not misleading
• Does not violate any laws or third-party rights
• Does not contain harmful, offensive, or inappropriate material
• Complies with these Terms and our Community Guidelines

7.3 License to Work

You retain ownership of your User Content. However, by submitting User Content to the Services, you grant Work a worldwide, perpetual, irrevocable, transferable, royalty-free, non-exclusive license, with the right to sublicense, to:

• Use, copy, reproduce, modify, adapt, and create derivative works of your User Content
• Distribute, publicly display, and publicly perform your User Content
• Use your User Content in connection with operating, promoting, and improving the Services
• Use your User Content for any purpose related to Work's business

This license survives termination of your Account.

7.4 Content Review

Work may, but is not obligated to, review, monitor, or remove User Content at any time for any reason, including if we determine that User Content violates these Terms. We do not endorse or verify the accuracy of any User Content.

7.5 Feedback

If you provide suggestions, ideas, or feedback about the Services (“Feedback”), you assign all rights in such Feedback to Work. We may use Feedback for any purpose without compensation or attribution to you.

8. Prohibited Conduct

You agree not to:

8.1 Platform Integrity

• Copy, scrape, or use automated systems (bots, spiders, etc.) to access the Services
• Attempt to compromise the security or integrity of the Services
• Decompile, reverse engineer, or disassemble any part of the Services
• Interfere with or disrupt the Services or servers
• Circumvent any access controls or usage limits

8.2 Circumvention

• Connect with Workers or Employers outside the Platform to avoid Work's fees
• Encourage or facilitate others to circumvent the Platform
• Use information obtained through the Platform for purposes unrelated to legitimate use of the Services

8.3 Content Violations

• Post false, misleading, or fraudulent information
• Create fake ratings or reviews, or pay for reviews
• Impersonate any person or entity
• Post content that infringes intellectual property rights
• Post defamatory, harassing, discriminatory, or threatening content
• Post links to external websites without authorization

8.4 Legal Compliance

• Violate any applicable laws or regulations
• Discriminate against any person based on protected characteristics
• Engage in any form of harassment or abuse
• Facilitate illegal activity

8.5 Workplace Safety

• Report to a Shift while impaired by drugs or alcohol
• Bring weapons to a worksite unless explicitly required and permitted by the Employer and applicable law
• Engage in conduct that endangers yourself or others

8.6 Competitive Activity

• Use the Services to develop a competing product or service
• Resell or redistribute information obtained from the Services
• Solicit Workers or Employers for competing platforms

Violation of these prohibitions may result in immediate account termination and legal action.

9. Third-Party Services

9.1 Third-Party Integrations

The Services integrate with third-party services, including:

Your use of these third-party services is subject to their respective terms and conditions. Work is not responsible for the acts or omissions of third-party service providers.

9.2 Third-Party Relationships

When you engage with an Employer (as a Worker) or a Worker (as an Employer) through the Services, you enter into a direct relationship with that third party. Work is not responsible for:

• The conduct of Workers or Employers
• Disputes between Workers and Employers
• The quality of work performed or services received
• Any agreements you enter into with third parties

9.3 Links to Third-Party Sites

The Services may contain links to third-party websites. Work does not control or endorse these websites and is not responsible for their content or practices.

10. Intellectual Property

10.1 Work's Intellectual Property

The Services, including all content, features, functionality, software, and technology, are owned by Work and protected by copyright, trademark, and other intellectual property laws.

“Work,” the Work logo, and all related names, logos, and designs are trademarks of Work Innovations. You may not use our trademarks without prior written permission.

10.2 Limited License

Subject to your compliance with these Terms, Work grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose.

This license does not include the right to:

• Modify, copy, or create derivative works of the Services
• Sublicense, sell, or transfer your access to others
• Use the Services for any commercial purpose not contemplated by these Terms
• Remove any copyright, trademark, or proprietary notices

10.3 Use of Work's Branding

You may use Work's name and logo only with our prior written permission and in accordance with any brand guidelines we provide. Any goodwill arising from your use of our trademarks inures to Work's benefit.

10.4 Copyright Infringement

If you believe content on the Services infringes your copyright, please contact us at legal@joinwork.ai with:

• A description of the copyrighted work
• The location of the allegedly infringing content
• Your contact information
• A statement of good faith belief that the use is unauthorized
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

11. Disclaimer of Warranties

12. Limitation of Liability

12.1 Liability Cap

12.2 Exclusion of Damages

12.3 Third-Party Conduct

WORK IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF WORKERS, EMPLOYERS, OR ANY OTHER THIRD PARTIES. YOU EXPRESSLY WAIVE AND RELEASE WORK FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO:

• The conduct of Workers or Employers
• Disputes between Workers and Employers
• The quality of work performed or services provided
• Workplace conditions or safety

12.4 California Residents

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

12.5 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Indemnification

13.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless Work and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Your User Content
• Any dispute between you and any other User
• Any employment or contractor relationship you enter into through the Services
• Any claims by third parties arising from your conduct

13.2 Additional Employer Indemnification

If you are an Employer, you additionally agree to indemnify Work for any claims arising from:

• Your treatment of Workers at your worksite
• Your compliance (or non-compliance) with employment and labor laws
• Workers' compensation claims related to your worksite
• Any direct employment relationship you establish with Workers through Direct Hiring

13.3 Procedure

Work reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims. You may not settle any claim without Work's prior written consent.

13.4 Survival

This indemnification obligation survives termination of your Account and these Terms.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution First

Before initiating any formal dispute resolution, you agree to first attempt to resolve any dispute informally by contacting us at legal@joinwork.ai. We will attempt to resolve the dispute through a phone or video conference within thirty (30) days of receiving your notice.

Your notice must include:

• Your name and contact information
• A description of the dispute
• The resolution you are seeking

Engaging in this informal dispute resolution process is a condition precedent to initiating arbitration. The statute of limitations and any filing deadlines shall be tolled during this informal resolution period.

14.2 Binding Arbitration

If we cannot resolve the dispute informally within thirty (30) days, either party may initiate binding arbitration. You and Work agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with Work shall be resolved exclusively through final, binding arbitration, except as otherwise provided below.

14.3 Arbitration Rules and Procedure

Arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Section. The JAMS Rules are available at www.jamsadr.com.

• Location: Arbitration shall take place in Salt Lake City, Utah, unless you and Work agree otherwise or the arbitrator determines another location is appropriate.
• Arbitrator: A single arbitrator shall be selected in accordance with the JAMS Rules.
• Discovery: The arbitrator may allow discovery sufficient for each party to prepare their claims and defenses.
• Decision: The arbitrator's decision shall be in writing with findings of fact and conclusions of law.
• Enforcement: The arbitrator's award may be enforced in any court of competent jurisdiction.

14.4 Arbitration Fees and Costs

• Filing fees and other administrative costs shall be shared equally by the parties, except where applicable law requires otherwise
• Each party shall bear its own attorneys' fees, unless the arbitrator determines that a claim or defense was frivolous, in which case the other party may recover its fees
• Work shall pay any costs unique to arbitration (arbitrator fees, room rental) that exceed typical court costs

14.5 Class Action Waiver

14.6 PAGA Waiver (California)

If you are a California resident, you also waive the right to bring claims under the California Private Attorneys General Act (“PAGA”) on a representative basis to the maximum extent permitted by law. To the extent PAGA claims cannot be waived, such claims must be stayed pending resolution of individual claims in arbitration, and any PAGA claims shall be litigated in court on an individual basis only.

14.7 Mass Arbitration

If twenty-five (25) or more similar arbitration demands are filed against Work by the same law firm or coordinated group within one hundred eighty (180) days (“Mass Arbitration”):

• Demands shall be grouped into batches of no more than twenty-five (25) per batch
• Each batch shall be assigned to a single arbitrator
• A single set of filing and administrative fees shall apply per batch
• The parties shall cooperate in good faith to implement this batching procedure

14.8 Exceptions to Arbitration

Notwithstanding the above, either party may:

• Seek injunctive or equitable relief in court to prevent irreparable harm
• Bring claims in small claims court if the claims qualify
• File complaints with applicable government agencies (EEOC, Department of Labor, etc.)

14.9 Governing Law

This Agreement and any dispute arising hereunder shall be governed by the laws of the State of Utah, without regard to conflict of law principles. The Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration provision.

14.10 Opt-Out

You may opt out of this arbitration provision by sending written notice to legal@joinwork.ai within thirty (30) days of first accepting these Terms. Your notice must include your name, Account email, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Work may still resolve disputes in court, subject to the other provisions of these Terms.

14.11 Survival

This arbitration provision survives termination of your Account and these Terms.

15. Account Termination

15.1 Termination by You

You may terminate your Account at any time by:

• Contacting support@joinwork.ai
• Ceasing use of the Services

15.2 Termination by Work

Work may suspend or terminate your Account:

• Immediately without notice for violations of these Terms, fraud, illegal activity, or conduct that harms Work or other Users
• With notice for other reasons at Work's discretion

15.3 Effect of Termination

Upon termination:

• Your right to access the Services immediately ceases
• You remain liable for any obligations incurred before termination
• Work may retain your information as described in our Privacy Policy
• Provisions that by their nature should survive (including Sections 7, 10-14, and 17) shall survive termination

15.4 Pending Payments

If your Account is terminated, pending payments will be handled on a case-by-case basis. Payments for completed and verified Shifts will generally still be processed. Payments may be withheld pending investigation of fraud or Terms violations.

16. Communications

16.1 Consent to Communications

By using the Services, you consent to receive communications from Work via:

• Email
• SMS/text messages
• Push notifications (if enabled)
• In-app messages
• Phone calls

Communications may include:

• Shift notifications and reminders
• Account and transaction updates
• Marketing and promotional messages (where permitted)
• Legal notices and policy updates

16.2 Opting Out

You may opt out of marketing communications by:

• Following the unsubscribe instructions in emails
• Adjusting your notification settings
• Contacting support@joinwork.ai

You cannot opt out of transactional communications (payment confirmations, legal notices, security alerts) while your Account remains active.

16.3 Electronic Notices

You agree that electronic communications satisfy any legal requirement that communications be in writing.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, Community Guidelines, and any separate agreements you have entered into with Work, constitute the entire agreement between you and Work regarding the Services. These Terms supersede any prior agreements or understandings.

17.2 Severability

If any provision of these Terms is found unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. The remaining provisions shall continue in full force and effect.

17.3 Waiver

Work's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without Work's prior written consent. Work may assign these Terms at any time without notice.

17.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly provided herein.

17.6 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

17.7 Force Majeure

Work shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or failures of third-party services.

17.8 Geographic Restrictions

The Services are intended for use only in the United States (including its territories). If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

17.9 Export Compliance

You agree to comply with all applicable export and import laws and regulations.

17.10 Notices

Work may provide notices to you via email, in-app notification, or posting on the Website. Notices to Work must be sent to:

Notices are deemed given upon receipt (for email) or forty-eight (48) hours after posting or mailing.

17.11 Voluntary Agreement

By using the Services, you acknowledge that you have read and understood these Terms, have had the opportunity to consult with an attorney, and are entering into this Agreement voluntarily.

18. Contact Us

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