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EmployeeZ Terms of Service
TERMS OF SERVICE
This Terms of Service ("Terms") was last updated on October 29, 2023.
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Welcome!
These Terms form a legally binding contract between you and EmployeeZ Inc. ("Company", "we", "our", "us")
EmployeeZ is a short-term jobs ("GIG") marketplace app integrated with a social media platform.
These Terms apply to all your activities on the EmployeeZ website ("www.employeez.me"), EmployeeZ Live Events website ("api.employeez.me"), EmployeeZ App website ("app.employeez.me"), the EmployeeZ mobile applications ("EmployeeZ App"), and other related services ("Service") and any video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Service ("Content").
Parts of the Service may display Content that is not EmployeeZ's ("User Content"). Such content is the sole responsibility of the person or entity that has made it available. When "Content" is used in this document, it refers to both content provided by EmployeeZ and User Content collectively, unless otherwise specified.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our application and web pages.
These Terms apply to all users ("you", "your", "user", "Seller", "Buyer", "host", "attendee", "visitor") and others who wish to access or use Service. By using the Services, you agree to the Terms and Privacy Policy. You shouldn't use the Services if you don't agree with this Terms and Privacy Policy or any other agreement that governs your use of the Services.
If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with EmployeeZ through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
1. THE EMPLOYEEZ SERVICES
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In order to use the Services, you need an EmployeeZ account ("Account").
We offer a social media platform ("social media") to create, connect, communicate, discover, share and more.
In our GIG marketplace module, we target talented individuals as Sellers. You define a GIG as a Seller if you have a competency that can benefit other people. We provide all the secure infrastructure for receiving payments from your customers and for video meetings online. All users can use the GIG marketplace module as "Buyer". Currently, we accept "Sellers" from the U.S. only. So in order to use our GIG marketplace module as Seller, you must be a U.S. Person with a valid U.S. Bank account with USD currency. Afterward, we will expand to new markets.
When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else's account.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and EmployeeZ will not intervene in disputes between Buyers or Sellers who have shared account login credentials. You should change your password immediately and remove any session not belonging to you upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). You can change your password under the menu "EmployeeZ App > Profile > Preferences > Accounts" and check "the sessions with your login credentials" under the menu "EmployeeZ App > Profile > Preferences > Sessions". Once a session is removed, the session of the target EmployeeZ app will be expired. This expiration may take up to twenty minutes.
If you forgot your password, you can send your password reset link to your email address specified in your account. So please use your valid email address. You can send your password reset link by using the "Forgot Password?" menu under the "Login" screen. This is the only way you can reset your password. If you contact us to request access to an account, we will not grant you such access.
2. WHO CAN USE THE EMPLOYEEZ SERVICES
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No one under 13 (or, if greater than 13, the minimum age at which a person may use the Services in your country) is allowed to create an account or use the Services. If you are under valid (or the legal age of majority in your country), you may only use the Services with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you represent, warrant, and agree that:
• You can form a binding contract with EmployeeZ Inc.;
• You are not a person who is barred from using the Services under the laws of the United States, the United Kingdom, or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition;
• You are not a convicted sex offender; and
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to "you" and "your" in these Terms will mean both you as the end user and that business or entity).
3. CONTENT
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Much of the content on our Services is produced by us, users, publishers, and other third parties. Whether that content is posted publicly or sent privately, it is the sole responsibility of the user or entity that submitted it. While EmployeeZ Inc. reserves the right to review or remove all content that appears on the Services, we may not necessarily review all of it. Therefore, we cannot—and do not—guarantee that other users or the content they provide through the Services will comply with our Terms.
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. However, you grant us a license to use that content. The scope of that license depends on which Services you use.
For all content you submit to the Services, you grant us and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. It also includes the right for us to make your content available to service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.
We refer to Post submissions and GIGs you publish, as well as the information you include in your profile, like texts, images, videos, as "Public Content." Since Public Content is inherently public, you grant us, our affiliates, other users of the Services, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of your Public Content in any form and in any and all media or distribution methods, now known or later developed.
When you appear in, create, upload, post, or send Public Content, you also grant us, our affiliates, other users of the Services, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to use the name, likeness, and voice of anyone featured in your Public Content for commercial and non-commercial purposes. This means, among other things, that you will not be entitled to any compensation if your content, videos, photos, sound recordings, musical compositions, name, likeness, or voice are used by us, our affiliates, users of the Services, or our business partners. For information about how to tailor who can watch your content, please take a look at our Privacy Policy. All Public Content must be appropriate for people ages 13+.
While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we believe your content violates these Terms. However, you alone remain responsible for the content you create, upload, post, send, or store through the Service.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.
4. GIGs
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GIGs are Services offered on EmployeeZ. You might be using the Service to create an individual profile and provide services, as defined in this document, over paid-for video/audio calls (referred to as "Seller") or seek such services (referred to as "Buyer").
Sellers create GIGs and become event hosts ("Hosts") for an online event ("Event"). Buyers purchase tickets for Events and join Events as Event attendees ("Attendees").
Currently, we accept Sellers from the U.S. only. To use our GIG marketplace module as a Seller, you must be a U.S. Person, at least 18 years of age, have legal authorization to work in the U.S., and have an SSN. You also need to have a U.S. bank account (with USD currency) to transfer your earnings to your bank account.
EmployeeZ charges a service fee to Sellers. More information about EmployeeZ's service fee can be found at www.employeez.me/support.
As the provider of the Service, EmployeeZ Inc. does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any GIGs. Sellers alone are responsible for their listings and GIGs. When Buyers purchase a ticket, they are entering into a contract directly with each other. EmployeeZ Inc. is not and does not become a party to or other participant in any contractual relationship between Sellers and Buyers. EmployeeZ Inc. is not acting as an agent in any capacity for any user, except for collecting Services fees.
While we may help facilitate the resolution of disputes, EmployeeZ Inc. has no control over and does not guarantee (i) the truth or accuracy of any listing descriptions, ratings (given stars), reviews, or other Seller Content, or (ii) the performance or conduct of any Seller or third party. EmployeeZ Inc. does not endorse any Seller, listing, or GIGs. Any such description is not an endorsement, certification, or guarantee by EmployeeZ Inc. about any Seller, including the Seller's identity or background or whether the Seller is trustworthy, safe, or suitable.
4.1 Approval or Rejection of a GIG
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Once a GIG is newly created or its title or media is changed after being published, GIG status is changed to "GIG approval in progress". This means the EmployeeZ Support team will check the "main points" of the GIGs to make sure that it complies with EmployeeZ Terms, and approve or reject a GIG. Once it's approved, GIG status becomes "Active", this means the GIG is published and any Buyer can purchase it. If it's rejected, Buyers cannot see or purchase the GIG.
EmployeeZ Inc. has no control over and does not guarantee (i) the truth or accuracy of any listing descriptions, ratings (given stars), reviews, or other Seller Content, or (ii) the performance or conduct of any Seller or third party. EmployeeZ Inc. does not endorse any Seller, listing or GIGs by approval any of the GIGs. Any such description is not an endorsement, certification or guarantee by EmployeeZ Inc. about any Seller, including of the Seller's identity or background or whether the Seller is trustworthy, safe or suitable.
4.2. EmployeeZ Credits
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EmployeeZ Credits (Credits) is the money Buyers have in their EmployeeZ accounts due to their refunds of purchased GIGs. It is not withdrawable money. This amount will be used during their next GIG order(s). The EmployeeZ Credits is displayed under the "Payment Methods" in the EmployeeZ app.
4.3. Purchasing a GIG ticket
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Buyers purchase tickets for paid Events and book tickets for free Events. To pay the ticket price, a valid credit/debit card ("Card") and/or Credits can be used. If Buyer has Credits, this amount is used during the GIG order first. If the price of the GIG is greater than the EmployeeZ Credits, Buyer's selected Card is charged for the remaining part. Once a successful purchase is made, a ticket is created for the Buyer. The receipts of a successful payment made by Card can be found under the "Payment" in the EmployeeZ app.
For extra fraud protection, 3D Secure (3DS) requires Buyers to complete an additional verification step with the Card issuer when paying. App may direct the Buyer to an authentication page on Buyer bank's website, and Buyer enters a password associated with the Card or a code sent to Buyer phone.
No Card information is stored in EmployeeZ servers. Buyer payment processing services for EmployeeZ including the processing, authentication and storing of Card data, are provided by Stripe, Inc. ("Stripe").
4.4. Selling a GIG ticket
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Once a GIG ticket is sold, a transaction is creasted under "Sales History” for the Seller. This information shows the status of transactions as the following:
• Sold: This means a GIG ticket is sold but Seller haven't earned the money of this GIG yet. The information “Pending earning” shows the money will be earned after the transaction is completed.
• Earned: If the GIG is fulfilled successfully and if there is no dispute within 24 hours, GIG's status becomes "Earned" automatically. This means the transaction is completed successfully and the Seller got the money as earning.
• Refunded: A GIG ticket Seller sold can be refunded, in that case its status becomes "Refunded". Seller does not get the money.
4.5. Starting an Event as Host and joining to an Event as Attendee
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At the time of the Event, Seller starts the Event as Host in the web browser of the mobile device. Buyer joins the Event as Attendee in the web browser of the mobile device. Buyer can join the Event after Seller starts the Event.
If Seller doesn't start the event within 15 minutes of the start time of the event, EmployeeZ automatically cancels the event and refunds all of the price of the GIG sold to the buyer(s).
4.6. Canceling a GIG ticket as Buyer
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Buyer can cancel an order until 24 hours before the Event start time. Once Buyer canceled, all of the money of the GIG Buyer purchased will be refunded to Buyer's EmployeeZ account as Credits for Buyer's future purchasing(s).
Cancellation of Event after that time frame may not be possible and requires a dispute opening at Buyer's side. We cannot guarantee a refund for this case.
4.7. Canceling an Event as Seller
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Sellers can cancel an order anytime. Once Seller canceled, all of the price of the GIG Seller sold will be returned to the Buyer(s)' EmployeeZ accounts as Credits. This means cancellation of the whole Event. So, if the Event has more than one attendees, all of the tickets sold for this Event will be canceled and refunded.
If the Seller wants to cancel a ticket of a specific attendee, that attendee should create a dispute after the Event time. Once Seller accepts that dispute, only the ticket of this specific attendee will be canceled and refunded.
4.8. Opening a dispute as Buyer
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If Buyer thinks that a GIG has violated our Terms of Service or due to any other "fair reason", Buyer can dispute it. A dispute can be opened in 24 hours after Event start time. The dispute request will go to Seller for the approval.
4.9. Processing a dispute as Seller
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Seller can accept the Buyer's dispute request. This means the dispute is resolved. Once Seller accepts, the price of the GIG Seller sold is refunded to the Buyer's EmployeeZ account as Credits.
Seller can decline the Buyer's dispute request. In this case the dispute is escalated to EmployeeZ Customer Support.
If no action is taken by the Seller within 24 hours of dispute opening time, it's automatically accepted and the money Buyer paid for the GIG ticket is refunded to Buyer's EmployeeZ account as Credits.
4.10. GIG dispute escalations to EmployeeZ Customer Support
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Once the dispute is escalated, it is investigated by EmployeeZ Customer Support on a case-by-case basis and the final decision is taken by EmployeeZ Customer Support. Any of the following action can be taken by EmployeeZ Customer Support:
• Accepting dispute: The ticket is canceled and the money is refunded to the Buyer.
• Declining dispute: The ticket is not canceled and the money is not refunded to the Buyer.
4.11. Seller tax obligations, Form W-9 and Form 1099-K
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EmployeeZ is based in the United States, which means Sellers have certain tax obligations to the U.S. government. Form W-9 is used by U.S. individuals and entities to certify their Tax ID number. EmployeeZ will issue an annual Form 1099-K for U.S. sellers who have earned gross payments that exceed $600 in one calendar year and have submitted valid tax information with Form W-9.
Once you submit your Form W-9, the status of the form will be "Validation pending". We validate the form and update the status. If you submit your Form W-9 with incorrect or invalid information, or If you don't submit your Form W-9, IRS rules require us to apply the maximum withholding rate of 24% for all payments you receive. This is called "backup withholding". In that case, when you withdraw your EmployeeZ balance, EmployeeZ creates two transactions: one for your withdrawal request and another one for backup withholding.
If you submit your Form W-9 with incorrect or invalid information, or if you don't submit your Form W-9 and the total gross payments exceed $600, we will send you a notification email and start a 60-day timer, and after that time, we will suspend your gigs.
You must provide an accurate TIN and that failure to do so may result in a $50 penalty under IRC 6723. Please always submit correct and valid information, otherwise you may be subject to IRS penalties. Since EmployeeZ is unable to provide tax advice, we recommend that you consult with a tax advisor in case you have questions.
4.12. Related Terms of Services
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Video and Audio meeting services for EmployeeZ, are provided by Dolby Laboratories, Inc. ("Dolby"), and are subject to the Dolby Terms of Service:
https://dolby.io/policies/terms-of-service/
By agreeing to these terms and continuing to use EmployeeZ, you agree to be bound by the Dolby Terms of Service, as the same may be modified by Dolby from time to time.
Buyer payment processing services for EmployeeZ including the processing and storing of credit card data, are provided by Stripe and are subject to the Stripe Terms of Service:
https://stripe.com/legal/
By agreeing to these terms and continuing to use EmployeeZ, you agree to be bound by the Stripe Terms of Service, as the same may be modified by Stripe from time to time.
As a condition of EmployeeZ enabling payment processing services through Stripe, you agree to provide EmployeeZ accurate and complete information about you and your business, and you authorize EmployeeZ to share with Stripe this information and transaction information related to your use of the payment processing services provided by Stripe.
Seller payouts processing services for EmployeeZ, are provided by Mercury Technologies, Inc. ("Mercury"), and are subject to the Mercury Terms of Service:
https://mercury.com/legal/terms/
By agreeing to these terms and continuing to use EmployeeZ, you agree to be bound by the Mercury Terms of Service, as the same may be modified by Mercury from time to time.
As a condition of EmployeeZ enabling payout processing services through Mercury, you agree to provide EmployeeZ accurate and complete information about you and your business, and you authorize EmployeeZ to share with Mercury this information and transaction information related to your use of the payout services provided by Mercury.
5. RIGHTS WE GRANT YOU
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As between you and us, we (and our licensors) are the owner of the Services, including all proprietary content, information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and the overall "look and feel" of the Services, along with all related intellectual property rights. We grant you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is solely for the purpose of using and enjoying the Services in a manner consistent with these Terms and our policies. You may not employ the Services in ways not explicitly authorized by these Terms, nor may you assist others in doing so.
That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do any of the following:
• Use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials that we provide via the Services, unless expressly allowed by these Terms.
• Infringe upon or violate our copyrights, trademarks, or other intellectual property rights.
• Copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, create derivatives of, or otherwise use the Services or the content on the Services, except for temporary files automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as permitted by us in writing, or as enabled by the intended functionality of the Service.
• Create multiple accounts for yourself, establish another account if your account has been previously disabled, attempt unauthorized access to the Services through third-party applications, solicit login credentials from other users, or engage in buying, selling, renting, or leasing access to your account or username.
• Reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm) or extract the source code of the software.
• Utilize any automated means or interface, such as robots, spiders, crawlers, scrapers, or similar tools, to access the Services or extract information from other users.
• Develop or use third-party applications that interact with the Services or access other users' content or information without our prior written consent.
• Employ the Services in a way that could disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that might damage, disable, overburden, or impair the proper functioning of the Services.
• Upload viruses or other malicious code or attempt to compromise, bypass, or circumvent the security measures of the Services.
• Try to evade any content-filtering techniques employed by us or attempt unauthorized access to areas or features of the Services that you are not authorized to access.
• Probe, scan, or test the vulnerability of our Services or any system or network.
• Violate any applicable law or regulation in connection with your access to or use of the Services or access or use the Services in any manner not expressly permitted by these Terms or applicable law.
These terms define the rights and responsibilities associated with using EmployeeZ's services and aim to ensure that users abide by our policies and guidelines.
6. RESPECTING THE SERVICES AND OUR RIGHTS
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This means, among other things, you may not engage in, attempt, facilitate, or encourage anyone else to engage in any of the following activities:
• Utilize branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials provided through the Services, except as explicitly permitted by these Terms.
• Violate or infringe upon our copyrights, trademarks, or other intellectual property rights.
• Replicate, alter, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, create derivatives of, or otherwise employ the Services or the content on the Services, except for temporary files automatically cached by your web browser for display purposes, as otherwise expressly allowed in these Terms, as specifically permitted by us in writing, or as enabled by the intended functionality of the Service.
• Establish multiple accounts for yourself, create an additional account if we have previously disabled your account, attempt unauthorized access to the Services through unapproved third-party applications, request login credentials from other users, or engage in transactions involving the purchase, sale, rental, or lease of access to your account or username.
• Undertake reverse engineering, duplication, decompilation, disassembly, or decoding of the Services (including any underlying ideas or algorithms), or otherwise extract the source code of the Service's software.
• Employ any form of automated means or interfaces such as robots, spiders, crawlers, scrapers, or similar tools to access the Services or extract information from other users.
• Create or utilize third-party applications that interact with the Services or access content or information from other users without our prior written consent.
• Use the Services in a manner that could disrupt, negatively impact, or inhibit other users from fully enjoying the Services or that could harm, disable, overburden, or impair the functionality of the Services.
• Upload viruses or other malicious code or attempt to compromise, bypass, or circumvent the security measures of the Services.
• Try to evade or bypass any content-filtering techniques we employ or make unauthorized attempts to access areas or features of the Services that you are not authorized to access.
• Conduct probing, scanning, or testing of the vulnerability of our Services or any system or network.
• Violate any applicable law or regulation in connection with your access to or use of the Services.
• Access or use the Services in any manner not expressly permitted by these Terms.
These guidelines outline the expectations for respectful and lawful use of EmployeeZ's services and are designed to protect our rights and the rights of all users.
7. RESPECTING OTHERS' RIGHTS
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We hold a strong commitment to respecting the rights of others, and we expect the same from you. Therefore, you are prohibited from using the Services, or facilitating others in using the Services, in any way that infringes upon or violates someone else's rights of publicity, privacy, copyright, trademark, or any other intellectual property right.
When you submit content to the Service, you affirm and represent that you are the rightful owner of that content or have obtained all necessary permissions, clearances, and authorizations required to submit it to the Service. This includes, where applicable, having the right to create reproductions of musical works contained in sound recordings, synchronize compositions with content, publicly perform compositions or sound recordings, or exercise any other applicable rights for any music not provided by us that you include in your content. By submitting your content to the Service, you also grant the rights and licenses specified in these Terms for your content.
Additionally, it is strictly prohibited to use or attempt to use another user's account except as explicitly allowed by us or our affiliates.
8. SAFETY
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We are committed to maintaining a safe environment within our Services, but we cannot guarantee absolute safety. Your cooperation is essential in achieving this goal. When you use the Services, you acknowledge and agree to consistently adhere to these Terms, which include our Community Guidelines and any other policies we may provide to ensure the safety of the Services.
In the event of non-compliance, we reserve the right to take actions such as removing offending content, restricting or terminating the visibility of your account, and notifying relevant third parties, including law enforcement, while sharing pertinent information regarding your account. Such measures may be necessary to safeguard our users, address potential violations of these Terms, investigate and resolve any fraudulent or security issues, and enforce compliance.
Your physical safety while using our Services is also of paramount importance to us. Therefore, please refrain from using our Services in a manner that may divert your attention from obeying traffic or safety regulations. For instance, never use the Services while operating a vehicle, and avoid engaging in activities that could jeopardize your safety or that of others.
9. DATA CHARGES
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You are solely responsible for any mobile charges, including data charges, that you may incur while using our Services. If you are uncertain about the extent of these charges, we recommend that you inquire with your service provider before utilizing the Services.
10. THIRD-PARTY SERVICES
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Certain Services may incorporate, display, or provide access to content, data, information, applications, features, or materials from third parties, collectively referred to as "Third-Party Materials." Additionally, our Services may include links to specific third-party websites. When you utilize any Third-Party Materials accessible through our Services, including any Services offered jointly with third parties, your interactions will be governed by the terms and conditions established by each respective party. Neither we nor our affiliates assume responsibility or liability for the terms and actions taken under third-party terms. Furthermore, by using our Services, you acknowledge and agree that we are not responsible for reviewing or assessing the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of these Third-Party Materials or websites. We do not warrant or endorse these materials or services and bear no liability or responsibility to you or any other party for third-party services, Third-Party Materials, third-party websites, or any other materials, products, or services provided by third parties. These links and Third-Party Materials are provided solely for your convenience.
11. MODIFYING THE SERVICES AND TERMINATION
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We are continually enhancing and expanding our Services, introducing new features, products, and functionalities, and occasionally discontinuing or suspending certain aspects of the Services. We retain the right to take any of these actions at our discretion, without prior notice, and for any reason.
If you violate these Terms or applicable laws, or for reasons beyond our control, we may terminate or temporarily suspend your access to the Services without prior notice. This means that we may terminate these Terms, cease providing some or all of the Services, or impose new restrictions on your use of our Services. While we will make reasonable efforts to provide advance notice, we cannot guarantee notice in all situations. For instance, we may deactivate your account due to prolonged inactivity, or we may reclaim your username at any time, for any reason.
12. INDEMNITY
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You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless EmployeeZ Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) arising from or related to:
(a) Your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by us;
(b) Your content, including any claims of infringement related to your content;
(c) Your violation of these Terms or any applicable law or regulation; or
(d) Your negligence or willful misconduct.
This indemnification applies to any legal claims or actions, and it extends to cover the costs and expenses incurred by EmployeeZ Inc. and its affiliates in defending against such claims or actions.
13. COMMUNITY GUIDELINES
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At EmployeeZ Inc., we are committed to fostering a positive and respectful community of users. To ensure a safe and enjoyable experience for everyone, we have established these Community Guidelines. By using our Services, you agree to abide by these guidelines.
13.1. User Conduct
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When using our platform, you must:
13.1.1. Be Respectful
• Treat other users, employees, and third parties with respect, kindness, and courtesy. Do not engage in any form of harassment, bullying, or hate speech.
13.1.2. Respect Privacy
• Do not invade the privacy of others, share personal information without consent, or engage in stalking or any form of unwanted contact.
13.1.3. Post Appropriate Content
• Only share content that is legal, respectful, and appropriate. Avoid posting offensive, misleading, or inappropriate material. Do not infringe on the intellectual property rights of others.
13.1.4. Follow Applicable Laws
• Comply with all applicable local, state, and federal laws while using our Services. Do not engage in any illegal activities or encourage others to do so.
13.1.5. No Impersonation
• Do not impersonate any person, entity, or brand or misrepresent your identity.
13.2. Reporting Violations
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If you encounter a user who is not following these Community Guidelines, please report their behavior to us immediately. We take violations seriously and will take appropriate action as outlined in our Terms of Service.
13.3. Enforcement
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Failure to adhere to these Community Guidelines may result in consequences, including warnings, temporary suspension, or permanent removal of your account, depending on the severity of the violation. We reserve the right to enforce these guidelines at our discretion.
These Community Guidelines are designed to ensure that EmployeeZ remains a welcoming and safe platform for all users. We appreciate your cooperation in helping us maintain a positive community.
If you have any questions or concerns about these guidelines, please contact us via our Support Team (www.employeez.me/contact)
14. DISCLAIMERS
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We strive to maintain the Services and provide a positive user experience, but we cannot guarantee uninterrupted or error-free operation.
THE SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE," AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ADDITIONALLY, WHILE WE MAKE EFFORTS TO ENSURE A GOOD USER EXPERIENCE, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT:
(A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR DELIVERED WITHOUT INTERRUPTIONS OR DELAYS;
(B) THE SERVICES WILL OPERATE WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS; OR
(C) THE CONTENT, USER CONTENT, OR INFORMATION YOU ACCESS ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES ASSUME RESPONSIBILITY OR LIABILITY FOR ANY CONTENT CREATED, UPLOADED, POSTED, SENT, RECEIVED, OR STORED ON OR THROUGH OUR SERVICES BY YOU, OTHER USERS, OR THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU MAY ENCOUNTER CONTENT THAT COULD BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, AND NEITHER WE NOR OUR AFFILIATES ARE LIABLE FOR SUCH CONTENT.
15. LIMITATION OF LIABILITY
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.
16. DISPUTE RESOLUTION
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In the event of a dispute, our Support Team is here to assist in resolving the issue. If such attempts are unsuccessful and you reside in the United States or Canada, you have two options: you can file a claim in small claims court or pursue binding arbitration. You are not allowed to file such a claim in any other court or participate in a class action lawsuit against us.
This Dispute Resolution section specifically applies to residents of the United States or Canada. We believe that most disputes can be resolved without resorting to legal action, so we encourage you to first try reaching out to our Support Team through www.employeez.me/contact before pursuing any formal legal proceedings.
Either party has the right to initiate a claim in small claims court in one of the following locations: (a) Irvine, California, (b) the county of your residence, or (c) any other mutually agreed-upon location that is legally qualified for such a claim.
In cases where disputes cannot be resolved amicably, both you and EmployeeZ Inc. agree to settle any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the nature of the claim or legal theory. If one party initiates a court claim that should be resolved through arbitration and the other party refuses arbitration, the opposing party can request a court to compel both parties to enter into arbitration. Either party can also request that a court stay a court proceeding while arbitration is ongoing.
Disputes involving claims of less than $10,000 USD must be exclusively resolved through binding non-appearance-based arbitration. The party initiating arbitration must commence proceedings by submitting an arbitration demand to the American Arbitration Association (AAA). The arbitration process will be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree to the following rules for these proceedings: (a) arbitration can be conducted via telephone, online, or based solely on written submissions (at the discretion of the party seeking relief); (b) arbitration must not involve in-person appearances by the parties or witnesses (unless mutually agreed upon by us and you); and (c) any judgment based on the arbitrator's award may be entered in a court with competent jurisdiction. For disputes involving claims of more than $10,000 USD, the AAA's rules on in-person arbitration hearings will apply.
Both parties agree that claims can only be brought on an individual basis. This means: (a) neither party can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot consolidate multiple individuals' claims into a single case or oversee any consolidated, class, or representative action; and (c) an arbitrator's decision or award in one person's case can only impact that individual, not other users, and cannot be used to adjudicate disputes of other users. If a court determines that the "No class actions" clause is unenforceable or invalid, this "Dispute Resolution" section will become null and void, but all other Terms will remain in effect.
Despite any changes to the "Updating these Terms" section below, if EmployeeZ Inc. makes changes to this "Dispute Resolution" section after the date you last indicated your acceptance of these Terms, you have the right to reject such changes by sending an email via our contact form (www.employeez.me/contact) within 30 days of the effective date of such changes, as indicated by the "last updated on" language above. To be effective, your notice must include your full name and clearly state your intention to reject the changes to this "Dispute Resolution" section. By rejecting these changes, you agree to resolve any dispute between you and EmployeeZ Inc. in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance of these Terms.
17. EXCLUSIVE VENUE
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To the extent that these Terms allow you or EmployeeZ Inc. to initiate litigation in a court, both you and EmployeeZ Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and EmployeeZ Inc. consent to the personal jurisdiction of both courts.
18. CHOICE OF LAW
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Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
19. SEVERABILITY
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If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. CALIFORNIA RESIDENTS
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If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
21. FINAL TERMS
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These Terms make up the entire agreement between you and EmployeeZ Inc., and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.
22. UPDATING THESE TERMS
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From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and EmployeeZ reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms. If you do not want to agree to these or any updated Terms, you can delete your account under the menu "EmployeeZ App > Profile > Preferences > Accounts"
23. HOW TO CONTACT US
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The best way to get in touch with us is by emailing via our contact form (www.employeez.me/contact). We'd love to hear your questions, concerns, and feedback about our Services.
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EmployeeZ Inc. is located in the United States at 16520 Bake Pkwy. Ste 230, Irvine, California 92618
This Terms of Service ("Terms") was last updated on October 29, 2023.
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Welcome!
These Terms form a legally binding contract between you and EmployeeZ Inc. ("Company", "we", "our", "us")
EmployeeZ is a short-term jobs ("GIG") marketplace app integrated with a social media platform.
These Terms apply to all your activities on the EmployeeZ website ("www.employeez.me"), EmployeeZ Live Events website ("api.employeez.me"), EmployeeZ App website ("app.employeez.me"), the EmployeeZ mobile applications ("EmployeeZ App"), and other related services ("Service") and any video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Service ("Content").
Parts of the Service may display Content that is not EmployeeZ's ("User Content"). Such content is the sole responsibility of the person or entity that has made it available. When "Content" is used in this document, it refers to both content provided by EmployeeZ and User Content collectively, unless otherwise specified.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our application and web pages.
These Terms apply to all users ("you", "your", "user", "Seller", "Buyer", "host", "attendee", "visitor") and others who wish to access or use Service. By using the Services, you agree to the Terms and Privacy Policy. You shouldn't use the Services if you don't agree with this Terms and Privacy Policy or any other agreement that governs your use of the Services.
If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with EmployeeZ through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
1. THE EMPLOYEEZ SERVICES
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In order to use the Services, you need an EmployeeZ account ("Account").
We offer a social media platform ("social media") to create, connect, communicate, discover, share and more.
In our GIG marketplace module, we target talented individuals as Sellers. You define a GIG as a Seller if you have a competency that can benefit other people. We provide all the secure infrastructure for receiving payments from your customers and for video meetings online. All users can use the GIG marketplace module as "Buyer". Currently, we accept "Sellers" from the U.S. only. So in order to use our GIG marketplace module as Seller, you must be a U.S. Person with a valid U.S. Bank account with USD currency. Afterward, we will expand to new markets.
When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else's account.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and EmployeeZ will not intervene in disputes between Buyers or Sellers who have shared account login credentials. You should change your password immediately and remove any session not belonging to you upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). You can change your password under the menu "EmployeeZ App > Profile > Preferences > Accounts" and check "the sessions with your login credentials" under the menu "EmployeeZ App > Profile > Preferences > Sessions". Once a session is removed, the session of the target EmployeeZ app will be expired. This expiration may take up to twenty minutes.
If you forgot your password, you can send your password reset link to your email address specified in your account. So please use your valid email address. You can send your password reset link by using the "Forgot Password?" menu under the "Login" screen. This is the only way you can reset your password. If you contact us to request access to an account, we will not grant you such access.
2. WHO CAN USE THE EMPLOYEEZ SERVICES
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No one under 13 (or, if greater than 13, the minimum age at which a person may use the Services in your country) is allowed to create an account or use the Services. If you are under valid (or the legal age of majority in your country), you may only use the Services with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you represent, warrant, and agree that:
• You can form a binding contract with EmployeeZ Inc.;
• You are not a person who is barred from using the Services under the laws of the United States, the United Kingdom, or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition;
• You are not a convicted sex offender; and
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to "you" and "your" in these Terms will mean both you as the end user and that business or entity).
3. CONTENT
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Much of the content on our Services is produced by us, users, publishers, and other third parties. Whether that content is posted publicly or sent privately, it is the sole responsibility of the user or entity that submitted it. While EmployeeZ Inc. reserves the right to review or remove all content that appears on the Services, we may not necessarily review all of it. Therefore, we cannot—and do not—guarantee that other users or the content they provide through the Services will comply with our Terms.
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. However, you grant us a license to use that content. The scope of that license depends on which Services you use.
For all content you submit to the Services, you grant us and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. It also includes the right for us to make your content available to service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.
We refer to Post submissions and GIGs you publish, as well as the information you include in your profile, like texts, images, videos, as "Public Content." Since Public Content is inherently public, you grant us, our affiliates, other users of the Services, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of your Public Content in any form and in any and all media or distribution methods, now known or later developed.
When you appear in, create, upload, post, or send Public Content, you also grant us, our affiliates, other users of the Services, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to use the name, likeness, and voice of anyone featured in your Public Content for commercial and non-commercial purposes. This means, among other things, that you will not be entitled to any compensation if your content, videos, photos, sound recordings, musical compositions, name, likeness, or voice are used by us, our affiliates, users of the Services, or our business partners. For information about how to tailor who can watch your content, please take a look at our Privacy Policy. All Public Content must be appropriate for people ages 13+.
While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we believe your content violates these Terms. However, you alone remain responsible for the content you create, upload, post, send, or store through the Service.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.
4. GIGs
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GIGs are Services offered on EmployeeZ. You might be using the Service to create an individual profile and provide services, as defined in this document, over paid-for video/audio calls (referred to as "Seller") or seek such services (referred to as "Buyer").
Sellers create GIGs and become event hosts ("Hosts") for an online event ("Event"). Buyers purchase tickets for Events and join Events as Event attendees ("Attendees").
Currently, we accept Sellers from the U.S. only. To use our GIG marketplace module as a Seller, you must be a U.S. Person, at least 18 years of age, have legal authorization to work in the U.S., and have an SSN. You also need to have a U.S. bank account (with USD currency) to transfer your earnings to your bank account.
EmployeeZ charges a service fee to Sellers. More information about EmployeeZ's service fee can be found at www.employeez.me/support.
As the provider of the Service, EmployeeZ Inc. does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any GIGs. Sellers alone are responsible for their listings and GIGs. When Buyers purchase a ticket, they are entering into a contract directly with each other. EmployeeZ Inc. is not and does not become a party to or other participant in any contractual relationship between Sellers and Buyers. EmployeeZ Inc. is not acting as an agent in any capacity for any user, except for collecting Services fees.
While we may help facilitate the resolution of disputes, EmployeeZ Inc. has no control over and does not guarantee (i) the truth or accuracy of any listing descriptions, ratings (given stars), reviews, or other Seller Content, or (ii) the performance or conduct of any Seller or third party. EmployeeZ Inc. does not endorse any Seller, listing, or GIGs. Any such description is not an endorsement, certification, or guarantee by EmployeeZ Inc. about any Seller, including the Seller's identity or background or whether the Seller is trustworthy, safe, or suitable.
4.1 Approval or Rejection of a GIG
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Once a GIG is newly created or its title or media is changed after being published, GIG status is changed to "GIG approval in progress". This means the EmployeeZ Support team will check the "main points" of the GIGs to make sure that it complies with EmployeeZ Terms, and approve or reject a GIG. Once it's approved, GIG status becomes "Active", this means the GIG is published and any Buyer can purchase it. If it's rejected, Buyers cannot see or purchase the GIG.
EmployeeZ Inc. has no control over and does not guarantee (i) the truth or accuracy of any listing descriptions, ratings (given stars), reviews, or other Seller Content, or (ii) the performance or conduct of any Seller or third party. EmployeeZ Inc. does not endorse any Seller, listing or GIGs by approval any of the GIGs. Any such description is not an endorsement, certification or guarantee by EmployeeZ Inc. about any Seller, including of the Seller's identity or background or whether the Seller is trustworthy, safe or suitable.
4.2. EmployeeZ Credits
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EmployeeZ Credits (Credits) is the money Buyers have in their EmployeeZ accounts due to their refunds of purchased GIGs. It is not withdrawable money. This amount will be used during their next GIG order(s). The EmployeeZ Credits is displayed under the "Payment Methods" in the EmployeeZ app.
4.3. Purchasing a GIG ticket
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Buyers purchase tickets for paid Events and book tickets for free Events. To pay the ticket price, a valid credit/debit card ("Card") and/or Credits can be used. If Buyer has Credits, this amount is used during the GIG order first. If the price of the GIG is greater than the EmployeeZ Credits, Buyer's selected Card is charged for the remaining part. Once a successful purchase is made, a ticket is created for the Buyer. The receipts of a successful payment made by Card can be found under the "Payment" in the EmployeeZ app.
For extra fraud protection, 3D Secure (3DS) requires Buyers to complete an additional verification step with the Card issuer when paying. App may direct the Buyer to an authentication page on Buyer bank's website, and Buyer enters a password associated with the Card or a code sent to Buyer phone.
No Card information is stored in EmployeeZ servers. Buyer payment processing services for EmployeeZ including the processing, authentication and storing of Card data, are provided by Stripe, Inc. ("Stripe").
4.4. Selling a GIG ticket
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Once a GIG ticket is sold, a transaction is creasted under "Sales History” for the Seller. This information shows the status of transactions as the following:
• Sold: This means a GIG ticket is sold but Seller haven't earned the money of this GIG yet. The information “Pending earning” shows the money will be earned after the transaction is completed.
• Earned: If the GIG is fulfilled successfully and if there is no dispute within 24 hours, GIG's status becomes "Earned" automatically. This means the transaction is completed successfully and the Seller got the money as earning.
• Refunded: A GIG ticket Seller sold can be refunded, in that case its status becomes "Refunded". Seller does not get the money.
4.5. Starting an Event as Host and joining to an Event as Attendee
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At the time of the Event, Seller starts the Event as Host in the web browser of the mobile device. Buyer joins the Event as Attendee in the web browser of the mobile device. Buyer can join the Event after Seller starts the Event.
If Seller doesn't start the event within 15 minutes of the start time of the event, EmployeeZ automatically cancels the event and refunds all of the price of the GIG sold to the buyer(s).
4.6. Canceling a GIG ticket as Buyer
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Buyer can cancel an order until 24 hours before the Event start time. Once Buyer canceled, all of the money of the GIG Buyer purchased will be refunded to Buyer's EmployeeZ account as Credits for Buyer's future purchasing(s).
Cancellation of Event after that time frame may not be possible and requires a dispute opening at Buyer's side. We cannot guarantee a refund for this case.
4.7. Canceling an Event as Seller
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Sellers can cancel an order anytime. Once Seller canceled, all of the price of the GIG Seller sold will be returned to the Buyer(s)' EmployeeZ accounts as Credits. This means cancellation of the whole Event. So, if the Event has more than one attendees, all of the tickets sold for this Event will be canceled and refunded.
If the Seller wants to cancel a ticket of a specific attendee, that attendee should create a dispute after the Event time. Once Seller accepts that dispute, only the ticket of this specific attendee will be canceled and refunded.
4.8. Opening a dispute as Buyer
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If Buyer thinks that a GIG has violated our Terms of Service or due to any other "fair reason", Buyer can dispute it. A dispute can be opened in 24 hours after Event start time. The dispute request will go to Seller for the approval.
4.9. Processing a dispute as Seller
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Seller can accept the Buyer's dispute request. This means the dispute is resolved. Once Seller accepts, the price of the GIG Seller sold is refunded to the Buyer's EmployeeZ account as Credits.
Seller can decline the Buyer's dispute request. In this case the dispute is escalated to EmployeeZ Customer Support.
If no action is taken by the Seller within 24 hours of dispute opening time, it's automatically accepted and the money Buyer paid for the GIG ticket is refunded to Buyer's EmployeeZ account as Credits.
4.10. GIG dispute escalations to EmployeeZ Customer Support
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Once the dispute is escalated, it is investigated by EmployeeZ Customer Support on a case-by-case basis and the final decision is taken by EmployeeZ Customer Support. Any of the following action can be taken by EmployeeZ Customer Support:
• Accepting dispute: The ticket is canceled and the money is refunded to the Buyer.
• Declining dispute: The ticket is not canceled and the money is not refunded to the Buyer.
4.11. Seller tax obligations, Form W-9 and Form 1099-K
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EmployeeZ is based in the United States, which means Sellers have certain tax obligations to the U.S. government. Form W-9 is used by U.S. individuals and entities to certify their Tax ID number. EmployeeZ will issue an annual Form 1099-K for U.S. sellers who have earned gross payments that exceed $600 in one calendar year and have submitted valid tax information with Form W-9.
Once you submit your Form W-9, the status of the form will be "Validation pending". We validate the form and update the status. If you submit your Form W-9 with incorrect or invalid information, or If you don't submit your Form W-9, IRS rules require us to apply the maximum withholding rate of 24% for all payments you receive. This is called "backup withholding". In that case, when you withdraw your EmployeeZ balance, EmployeeZ creates two transactions: one for your withdrawal request and another one for backup withholding.
If you submit your Form W-9 with incorrect or invalid information, or if you don't submit your Form W-9 and the total gross payments exceed $600, we will send you a notification email and start a 60-day timer, and after that time, we will suspend your gigs.
You must provide an accurate TIN and that failure to do so may result in a $50 penalty under IRC 6723. Please always submit correct and valid information, otherwise you may be subject to IRS penalties. Since EmployeeZ is unable to provide tax advice, we recommend that you consult with a tax advisor in case you have questions.
4.12. Related Terms of Services
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Video and Audio meeting services for EmployeeZ, are provided by Dolby Laboratories, Inc. ("Dolby"), and are subject to the Dolby Terms of Service:
https://dolby.io/policies/terms-of-service/
By agreeing to these terms and continuing to use EmployeeZ, you agree to be bound by the Dolby Terms of Service, as the same may be modified by Dolby from time to time.
Buyer payment processing services for EmployeeZ including the processing and storing of credit card data, are provided by Stripe and are subject to the Stripe Terms of Service:
https://stripe.com/legal/
By agreeing to these terms and continuing to use EmployeeZ, you agree to be bound by the Stripe Terms of Service, as the same may be modified by Stripe from time to time.
As a condition of EmployeeZ enabling payment processing services through Stripe, you agree to provide EmployeeZ accurate and complete information about you and your business, and you authorize EmployeeZ to share with Stripe this information and transaction information related to your use of the payment processing services provided by Stripe.
Seller payouts processing services for EmployeeZ, are provided by Mercury Technologies, Inc. ("Mercury"), and are subject to the Mercury Terms of Service:
https://mercury.com/legal/terms/
By agreeing to these terms and continuing to use EmployeeZ, you agree to be bound by the Mercury Terms of Service, as the same may be modified by Mercury from time to time.
As a condition of EmployeeZ enabling payout processing services through Mercury, you agree to provide EmployeeZ accurate and complete information about you and your business, and you authorize EmployeeZ to share with Mercury this information and transaction information related to your use of the payout services provided by Mercury.
5. RIGHTS WE GRANT YOU
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As between you and us, we (and our licensors) are the owner of the Services, including all proprietary content, information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and the overall "look and feel" of the Services, along with all related intellectual property rights. We grant you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is solely for the purpose of using and enjoying the Services in a manner consistent with these Terms and our policies. You may not employ the Services in ways not explicitly authorized by these Terms, nor may you assist others in doing so.
That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do any of the following:
• Use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials that we provide via the Services, unless expressly allowed by these Terms.
• Infringe upon or violate our copyrights, trademarks, or other intellectual property rights.
• Copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, create derivatives of, or otherwise use the Services or the content on the Services, except for temporary files automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as permitted by us in writing, or as enabled by the intended functionality of the Service.
• Create multiple accounts for yourself, establish another account if your account has been previously disabled, attempt unauthorized access to the Services through third-party applications, solicit login credentials from other users, or engage in buying, selling, renting, or leasing access to your account or username.
• Reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm) or extract the source code of the software.
• Utilize any automated means or interface, such as robots, spiders, crawlers, scrapers, or similar tools, to access the Services or extract information from other users.
• Develop or use third-party applications that interact with the Services or access other users' content or information without our prior written consent.
• Employ the Services in a way that could disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that might damage, disable, overburden, or impair the proper functioning of the Services.
• Upload viruses or other malicious code or attempt to compromise, bypass, or circumvent the security measures of the Services.
• Try to evade any content-filtering techniques employed by us or attempt unauthorized access to areas or features of the Services that you are not authorized to access.
• Probe, scan, or test the vulnerability of our Services or any system or network.
• Violate any applicable law or regulation in connection with your access to or use of the Services or access or use the Services in any manner not expressly permitted by these Terms or applicable law.
These terms define the rights and responsibilities associated with using EmployeeZ's services and aim to ensure that users abide by our policies and guidelines.
6. RESPECTING THE SERVICES AND OUR RIGHTS
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This means, among other things, you may not engage in, attempt, facilitate, or encourage anyone else to engage in any of the following activities:
• Utilize branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials provided through the Services, except as explicitly permitted by these Terms.
• Violate or infringe upon our copyrights, trademarks, or other intellectual property rights.
• Replicate, alter, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, create derivatives of, or otherwise employ the Services or the content on the Services, except for temporary files automatically cached by your web browser for display purposes, as otherwise expressly allowed in these Terms, as specifically permitted by us in writing, or as enabled by the intended functionality of the Service.
• Establish multiple accounts for yourself, create an additional account if we have previously disabled your account, attempt unauthorized access to the Services through unapproved third-party applications, request login credentials from other users, or engage in transactions involving the purchase, sale, rental, or lease of access to your account or username.
• Undertake reverse engineering, duplication, decompilation, disassembly, or decoding of the Services (including any underlying ideas or algorithms), or otherwise extract the source code of the Service's software.
• Employ any form of automated means or interfaces such as robots, spiders, crawlers, scrapers, or similar tools to access the Services or extract information from other users.
• Create or utilize third-party applications that interact with the Services or access content or information from other users without our prior written consent.
• Use the Services in a manner that could disrupt, negatively impact, or inhibit other users from fully enjoying the Services or that could harm, disable, overburden, or impair the functionality of the Services.
• Upload viruses or other malicious code or attempt to compromise, bypass, or circumvent the security measures of the Services.
• Try to evade or bypass any content-filtering techniques we employ or make unauthorized attempts to access areas or features of the Services that you are not authorized to access.
• Conduct probing, scanning, or testing of the vulnerability of our Services or any system or network.
• Violate any applicable law or regulation in connection with your access to or use of the Services.
• Access or use the Services in any manner not expressly permitted by these Terms.
These guidelines outline the expectations for respectful and lawful use of EmployeeZ's services and are designed to protect our rights and the rights of all users.
7. RESPECTING OTHERS' RIGHTS
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We hold a strong commitment to respecting the rights of others, and we expect the same from you. Therefore, you are prohibited from using the Services, or facilitating others in using the Services, in any way that infringes upon or violates someone else's rights of publicity, privacy, copyright, trademark, or any other intellectual property right.
When you submit content to the Service, you affirm and represent that you are the rightful owner of that content or have obtained all necessary permissions, clearances, and authorizations required to submit it to the Service. This includes, where applicable, having the right to create reproductions of musical works contained in sound recordings, synchronize compositions with content, publicly perform compositions or sound recordings, or exercise any other applicable rights for any music not provided by us that you include in your content. By submitting your content to the Service, you also grant the rights and licenses specified in these Terms for your content.
Additionally, it is strictly prohibited to use or attempt to use another user's account except as explicitly allowed by us or our affiliates.
8. SAFETY
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We are committed to maintaining a safe environment within our Services, but we cannot guarantee absolute safety. Your cooperation is essential in achieving this goal. When you use the Services, you acknowledge and agree to consistently adhere to these Terms, which include our Community Guidelines and any other policies we may provide to ensure the safety of the Services.
In the event of non-compliance, we reserve the right to take actions such as removing offending content, restricting or terminating the visibility of your account, and notifying relevant third parties, including law enforcement, while sharing pertinent information regarding your account. Such measures may be necessary to safeguard our users, address potential violations of these Terms, investigate and resolve any fraudulent or security issues, and enforce compliance.
Your physical safety while using our Services is also of paramount importance to us. Therefore, please refrain from using our Services in a manner that may divert your attention from obeying traffic or safety regulations. For instance, never use the Services while operating a vehicle, and avoid engaging in activities that could jeopardize your safety or that of others.
9. DATA CHARGES
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You are solely responsible for any mobile charges, including data charges, that you may incur while using our Services. If you are uncertain about the extent of these charges, we recommend that you inquire with your service provider before utilizing the Services.
10. THIRD-PARTY SERVICES
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Certain Services may incorporate, display, or provide access to content, data, information, applications, features, or materials from third parties, collectively referred to as "Third-Party Materials." Additionally, our Services may include links to specific third-party websites. When you utilize any Third-Party Materials accessible through our Services, including any Services offered jointly with third parties, your interactions will be governed by the terms and conditions established by each respective party. Neither we nor our affiliates assume responsibility or liability for the terms and actions taken under third-party terms. Furthermore, by using our Services, you acknowledge and agree that we are not responsible for reviewing or assessing the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of these Third-Party Materials or websites. We do not warrant or endorse these materials or services and bear no liability or responsibility to you or any other party for third-party services, Third-Party Materials, third-party websites, or any other materials, products, or services provided by third parties. These links and Third-Party Materials are provided solely for your convenience.
11. MODIFYING THE SERVICES AND TERMINATION
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We are continually enhancing and expanding our Services, introducing new features, products, and functionalities, and occasionally discontinuing or suspending certain aspects of the Services. We retain the right to take any of these actions at our discretion, without prior notice, and for any reason.
If you violate these Terms or applicable laws, or for reasons beyond our control, we may terminate or temporarily suspend your access to the Services without prior notice. This means that we may terminate these Terms, cease providing some or all of the Services, or impose new restrictions on your use of our Services. While we will make reasonable efforts to provide advance notice, we cannot guarantee notice in all situations. For instance, we may deactivate your account due to prolonged inactivity, or we may reclaim your username at any time, for any reason.
12. INDEMNITY
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You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless EmployeeZ Inc., our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) arising from or related to:
(a) Your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by us;
(b) Your content, including any claims of infringement related to your content;
(c) Your violation of these Terms or any applicable law or regulation; or
(d) Your negligence or willful misconduct.
This indemnification applies to any legal claims or actions, and it extends to cover the costs and expenses incurred by EmployeeZ Inc. and its affiliates in defending against such claims or actions.
13. COMMUNITY GUIDELINES
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At EmployeeZ Inc., we are committed to fostering a positive and respectful community of users. To ensure a safe and enjoyable experience for everyone, we have established these Community Guidelines. By using our Services, you agree to abide by these guidelines.
13.1. User Conduct
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When using our platform, you must:
13.1.1. Be Respectful
• Treat other users, employees, and third parties with respect, kindness, and courtesy. Do not engage in any form of harassment, bullying, or hate speech.
13.1.2. Respect Privacy
• Do not invade the privacy of others, share personal information without consent, or engage in stalking or any form of unwanted contact.
13.1.3. Post Appropriate Content
• Only share content that is legal, respectful, and appropriate. Avoid posting offensive, misleading, or inappropriate material. Do not infringe on the intellectual property rights of others.
13.1.4. Follow Applicable Laws
• Comply with all applicable local, state, and federal laws while using our Services. Do not engage in any illegal activities or encourage others to do so.
13.1.5. No Impersonation
• Do not impersonate any person, entity, or brand or misrepresent your identity.
13.2. Reporting Violations
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If you encounter a user who is not following these Community Guidelines, please report their behavior to us immediately. We take violations seriously and will take appropriate action as outlined in our Terms of Service.
13.3. Enforcement
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Failure to adhere to these Community Guidelines may result in consequences, including warnings, temporary suspension, or permanent removal of your account, depending on the severity of the violation. We reserve the right to enforce these guidelines at our discretion.
These Community Guidelines are designed to ensure that EmployeeZ remains a welcoming and safe platform for all users. We appreciate your cooperation in helping us maintain a positive community.
If you have any questions or concerns about these guidelines, please contact us via our Support Team (www.employeez.me/contact)
14. DISCLAIMERS
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We strive to maintain the Services and provide a positive user experience, but we cannot guarantee uninterrupted or error-free operation.
THE SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE," AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ADDITIONALLY, WHILE WE MAKE EFFORTS TO ENSURE A GOOD USER EXPERIENCE, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT:
(A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR DELIVERED WITHOUT INTERRUPTIONS OR DELAYS;
(B) THE SERVICES WILL OPERATE WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS; OR
(C) THE CONTENT, USER CONTENT, OR INFORMATION YOU ACCESS ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES ASSUME RESPONSIBILITY OR LIABILITY FOR ANY CONTENT CREATED, UPLOADED, POSTED, SENT, RECEIVED, OR STORED ON OR THROUGH OUR SERVICES BY YOU, OTHER USERS, OR THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU MAY ENCOUNTER CONTENT THAT COULD BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, AND NEITHER WE NOR OUR AFFILIATES ARE LIABLE FOR SUCH CONTENT.
15. LIMITATION OF LIABILITY
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.
16. DISPUTE RESOLUTION
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In the event of a dispute, our Support Team is here to assist in resolving the issue. If such attempts are unsuccessful and you reside in the United States or Canada, you have two options: you can file a claim in small claims court or pursue binding arbitration. You are not allowed to file such a claim in any other court or participate in a class action lawsuit against us.
This Dispute Resolution section specifically applies to residents of the United States or Canada. We believe that most disputes can be resolved without resorting to legal action, so we encourage you to first try reaching out to our Support Team through www.employeez.me/contact before pursuing any formal legal proceedings.
Either party has the right to initiate a claim in small claims court in one of the following locations: (a) Irvine, California, (b) the county of your residence, or (c) any other mutually agreed-upon location that is legally qualified for such a claim.
In cases where disputes cannot be resolved amicably, both you and EmployeeZ Inc. agree to settle any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the nature of the claim or legal theory. If one party initiates a court claim that should be resolved through arbitration and the other party refuses arbitration, the opposing party can request a court to compel both parties to enter into arbitration. Either party can also request that a court stay a court proceeding while arbitration is ongoing.
Disputes involving claims of less than $10,000 USD must be exclusively resolved through binding non-appearance-based arbitration. The party initiating arbitration must commence proceedings by submitting an arbitration demand to the American Arbitration Association (AAA). The arbitration process will be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree to the following rules for these proceedings: (a) arbitration can be conducted via telephone, online, or based solely on written submissions (at the discretion of the party seeking relief); (b) arbitration must not involve in-person appearances by the parties or witnesses (unless mutually agreed upon by us and you); and (c) any judgment based on the arbitrator's award may be entered in a court with competent jurisdiction. For disputes involving claims of more than $10,000 USD, the AAA's rules on in-person arbitration hearings will apply.
Both parties agree that claims can only be brought on an individual basis. This means: (a) neither party can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot consolidate multiple individuals' claims into a single case or oversee any consolidated, class, or representative action; and (c) an arbitrator's decision or award in one person's case can only impact that individual, not other users, and cannot be used to adjudicate disputes of other users. If a court determines that the "No class actions" clause is unenforceable or invalid, this "Dispute Resolution" section will become null and void, but all other Terms will remain in effect.
Despite any changes to the "Updating these Terms" section below, if EmployeeZ Inc. makes changes to this "Dispute Resolution" section after the date you last indicated your acceptance of these Terms, you have the right to reject such changes by sending an email via our contact form (www.employeez.me/contact) within 30 days of the effective date of such changes, as indicated by the "last updated on" language above. To be effective, your notice must include your full name and clearly state your intention to reject the changes to this "Dispute Resolution" section. By rejecting these changes, you agree to resolve any dispute between you and EmployeeZ Inc. in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance of these Terms.
17. EXCLUSIVE VENUE
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To the extent that these Terms allow you or EmployeeZ Inc. to initiate litigation in a court, both you and EmployeeZ Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and EmployeeZ Inc. consent to the personal jurisdiction of both courts.
18. CHOICE OF LAW
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Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
19. SEVERABILITY
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If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. CALIFORNIA RESIDENTS
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If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
21. FINAL TERMS
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These Terms make up the entire agreement between you and EmployeeZ Inc., and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.
22. UPDATING THESE TERMS
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From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and EmployeeZ reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms. If you do not want to agree to these or any updated Terms, you can delete your account under the menu "EmployeeZ App > Profile > Preferences > Accounts"
23. HOW TO CONTACT US
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The best way to get in touch with us is by emailing via our contact form (www.employeez.me/contact). We'd love to hear your questions, concerns, and feedback about our Services.
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EmployeeZ Inc. is located in the United States at 16520 Bake Pkwy. Ste 230, Irvine, California 92618
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EmployeeZ Inc. (Terms, Privacy)
16520 Bake Pkwy. Ste 230, Irvine, CA 92618, United States