AIFreelancer's Terms of ServiceLast Update: September 2023

Welcome to AIFreelancer!

The following terms of service (these"Terms of Service"), govern your access to and use of the AIFreelancer website and mobile application, including any content, functionality and services offered on or through www.aifreelancer.ai (the "Site") by GPT Pals Studio Limited (19/F., 88 GLOUCESTER ROAD WANCHAI, HONG KONG)as applicable. GPT Pals Studio Limited is collectively referred here to as "AIFreelancer" "we" or "us" and “you” or “user” means you as an user of the Site.

1. Overview

Please read the Terms of Service carefully before you start to use the Site.By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and AIFreelancer Payment Terms, found here (“Payment Terms”), which is incorporated here in by reference. You further acknowledge, you have read and understood our Privacy Policy, found here.If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we'll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please, therefore, make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.

This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 14 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 14, you are not permitted to use the Site or the AIFreelancer services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site

The original language of these Terms of Service, as well as all other texts throughout the Site, is English.AIFreelancermakes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

2. Using AIFreelancer

  • Only registered users may buy and sell on AIFreelancer. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
  • Buyers pay a deposit to AIFreelancer in advance to create an order.
  • Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
  • Users may not offer or accept payments using any method other than placing an order through www.aifreelancer.ai .
  • When purchasing a Project, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Project page.
  • AIFreelancer retains the right to use all published delivered works for AIFreelancer marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here

3. SELLERS

  • Upon recommendation by AIFreelancer, Sellers accept the order, subsequently receiving a deposit from Buyers. Sellers initiate and complete the delivery of content, pending confirmation from Buyers. Post-confirmation, the remaining payment is accredited to Sellers through AIFreelancer, marking the order's completion.
  • When a Buyer orders a Project, the Seller is notified by email as well as notifications on the site while logged into the account.
  • Sellers may also offer Custom Offers to Buyers in addition to their Projects.
  • Sellers are required to meet the delivery time they specified when creating their Projects. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller's status.
  • Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Project.
  • We charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Payment Terms, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.

    • Unless otherwise stated, all fees are quoted in Hong Kong Dollars.

  • AIFreelancer accredits Sellers once an order is completed.
  • For security concerns, AIFreelancer may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple AIFreelancer accounts to a single withdrawal provider.
  • Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
  • The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
  • Projects and/or users may be removed by AIFreelancer from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Projects
    • Spam, nonsense, violent or deceptive Projects
    • Projects misleading to Buyers or others
    • Reselling of regulated goods
    • Offering to prepare academic works on behalf of Buyers
    • Low quality services or deliveries
    • Promoting AIFreelancer and/or AIFreelancer Projects through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  • Projects that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
  • Projects that are removed for violations are not eligible to be restored or edited.
  • Projects may be removed from our listings due to poor performance and/or user misconduct.
  • Projects may include pre-approved website URLs contained within the Project description and requirements box. Projects containing websites promoting content, which violates AIFreelancer’s Terms of Service and/or our Community Standards, will be removed.
  • Statements on the Project Page that undermine or circumvent these Terms of Service is prohibited.

4. BUYERS

  • You may not offer direct payments to Sellers using payment systems outside of the AIFreelancer platform.
  • AIFreelancer retains the right to use all publicly published delivered works for AIFreelancer marketing and promotional purposes.
  • An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered. The Buyer may extend such period by up to 5 additional days.
  • Buyers may request a specific service from the Post a Request feature. Services requested on AIFreelancer must be an allowed service on AIFreelancer. Please click here for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on AIFreelancer.
  • Please refer to the Payment Terms for making Payments through the AIFreelancer platform and to learn about fees and taxes.
  • In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site.
  • You may not offer Sellers to pay, or make payment using any method other than through the www.aifreelancer.ai site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
  • You are strictly prohibited from making direct payments to Sellers using payment systems other than AIFreelancer. Please be aware that any transactions or communications conducted outside the AIFreelancer platform, including but not limited to payments and project discussions, are entirely beyond the purview and responsibility of AIFreelancer. AIFreelancer disclaims any liability or oversight over such transactions. We strongly recommend that all financial transactions and communications take place exclusively within the AIFreelancer platform to avail yourself of the security and support offered by AIFreelancer.

5. Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact AIFreelancer's Customer Support department for assistance.

6. User Conduct and Protection

AIFreelancer enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on AIFreelancer reflect the diversity of an expanding Project economy. on AIFreelancer’s Community Forums.

AIFreelancer maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of AIFreelancer. This section relates to the expected conduct users should adhere to while interacting with each other on AIFreelancer.

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.

6.1 Basics

  • Requesting or providing Email addresses, usernames, telephone numbers or any other personal contact details to communicate outside of AIFreelancer in order to circumvent or abuse the AIFreelancer messaging system or AIFreelancer platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
  • AIFreelancer does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you on the Order Page.
  • AIFreelancer does not provide protection for users who interact outside of the AIFreelancer platform.
  • All information and file exchanges must be performed exclusively on AIFreelancer's platform.
  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • AIFreelancer is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
  • Users may not submit proposals or solicit parties introduced through AIFreelancer to contract, engage with, or pay outside of AIFreelancer.

6.2 Orders

  • Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
  • Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align with Order Cancellation or Feedback policies.

6.3 Projects

  • Users may report Projects to Customer Support that may be in violation of AIFreelancer’s Terms of Service based on the reported Project’s replicated similarity to pre-existing services (copycat Projects).
  • Sellers warrant that any content included in their Projects shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Projects, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Projects.
  • AIFreelancer will respond to clear and complete notices of alleged copyright or trademark infringement.

6.4 Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

6.5 Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such users on the Site. Warnings do not limit account activity, but can lead to your account losing Seller status or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography- AIFreelancer does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language- Communication on AIFreelancer should be friendly, constructive, and professional. AIFreelancer condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam- Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Projects or orders.

Privacy & Identity- You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of AIFreelancer will not be protected by our Terms of Service.

Authentic AIFreelancer Profile- You may not create a false identity on AIFreelancer, misrepresent your identity, create a AIFreelancer profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. AIFreelancer reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims- AIFreelancerlancer will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use- You may not use AIFreelancer for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts- To prevent fraud and abuse, users are limited to one active AIFreelancer account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the AIFreelancerlancer community will be disabled. Mass account creation may result in the disabling of all related accounts. Note: any violations of AIFreelancer’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse- We do not tolerate users who engage in targeted abuse or harassment towards other users on AIFreelancer. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts- You may not buy or sell AIFreelancer accounts.

Feedback Rights

To the extent that you provide AIFreelancer with any comments, suggestions or other feedback regarding the AIFreelancer platform or the Site as a whole, as well as other AIFreelancer products or services (collective, the “Feedback”), you will be deemed to have granted AIFreelancer an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. AIFreelancer is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

6.6 General Terms

  • AIFreelancer reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service including low quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.
  • Violation of AIFreelancer's Terms of Service may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on AIFreelancer.
  • Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  • Users have the option to enable account Security features to protect their account from any unauthorized usage.
  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Disputes should be handled using AIFreelancer's dispute resolution tools ('Resolution Center' on the order page) or by contacting AIFreelancer Customer Support.
  • AIFreelancer may make changes to its Terms of Service from time to time. When these changes are made, AIFreelancer will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use AIFreelancer after the date on which the Terms of Service have changed, AIFreelancer will treat your use as acceptance of the updated Terms of Service.

6.7 User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. You agree that all of the content and information posted by you or your agents or designees, with the exception of certain Personal Data as specified in our Privacy Policy, on the Platform, including but not limited to:

  • Ratings & Reviews;
  • Photographs or Images;
  • Comments, Questions and/or Answers; and
  • Any other content (collectively, ”Content”)

may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works from, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout any jurisdiction in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

Grant of License

You hereby grant the Company and its users an irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertisements near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Platform in any manner that we deem appropriate or necessary, including, if submitted, your name, and likeness throughout the world. Users agree that the license granted to the Platform shall be perpetual, and shall not be affected by the termination of the Platform or their account.

Representation of Ownership and Right to Use Content

By posting or providing any Content to the Company, you represent and warrant to the Company that you own or have all necessary rights to use the Content, and grant to the Company the rights set out above. The foregoing representation includes, but is not limited to, a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by a copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.

Content Guidelines

The Company reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on the Platform, at any time and without prior notice, if the Company determines in its sole discretion that such content contains or features any of the following:

  • Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g. racist/discriminatory speech);
  • References to illegal activity;
  • Language that violates the standards of good taste or the standards of the Platform;
  • Statements that are or appear to be false;
  • Comments that disparage the Company; or;
  • With respect to Ratings and Reviews of Freelancers, all of the above and in addition the following:
    • Reviews that do not address the services of the Freelancer or reviews with no qualitative value (e.g. “work has not started yet”);
    • Comments concerning a different Freelancers; or
    • Information not related to work requested in the service request.

If a dispute arises between a Client and Freelancer, the rating submitted may be held in pending status until resolution is reached. Clients represent and warrant that any Rating and Review provided is accurate and truthful, and that they will only provide a Rating and Review for a Freelancer that has performed services for them pursuant to their applicable service request.

7. Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AIFreelancer NOR ANY PERSON ASSOCIATED WITH AIFreelancer MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

USERS ARE RESPONSIBLE FOR SCANNING ALL TRANSFERRED FILES FOR VIRUSES AND MALWARE. AIFREELANCER WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES WHICH MIGHT OCCUR DUE TO SITE USAGE, USE OF CONTENT OR FILES TRANSFERRED.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Machine Translation

Certain user-generated content on the Site has been translated for your convenience using translation softwares powered by Amazon or Google. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.

Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.

The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

Limitation on Liability

IN NO EVENT WILL AIFreelancer, THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. ARBITRATION

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause. The appointing authority shall be Hong Kong International Arbitration Centre (HKIAC). The place of arbitration shall be in Hong Kong at HKIAC. There shall only be one arbitrator. The languages to be used in the arbitral proceedings shall be English and/or Chinese.

9. GOVERNING LAW

This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China. The Hong Kong courts are to have non-exclusive jurisdiction to settle any disputes or claims which may arise out of or in connection with this Agreement for which purpose each party agrees to submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China.

10. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us at privacy@aifreelancer.ai