Terms of Service

1. Agreement to Terms

Welcome to EarningNest ("Platform," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the EarningNest website, mobile applications, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

IMPORTANT: These Terms contain an arbitration clause and class action waiver that affects your rights. Please read Section 18 carefully.

1.1 Definitions

• "User" means any person who accesses or uses the Services
• "Client" or "Buyer" means a User who purchases services through the Platform
• "Freelancer" or "Seller" means a User who offers and provides services through the Platform
• "Service Listing" or "Gig" means a service offering created by a Freelancer
• "Order" means a transaction initiated by a Client to purchase services from a Freelancer
• "Deliverable" means the final work product provided by a Freelancer to a Client
• "Account" means your registered user profile on the Platform

2. Eligibility and Registration

2.1 Age Requirement

You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 Account Registration

To access certain features of the Services, you must register for an Account by providing accurate, complete, and current information. You agree to:

• Provide truthful, accurate, and complete information during registration
• Maintain and promptly update your Account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your Account
• Accept responsibility for all activities that occur under your Account

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials. EarningNest will not be liable for any loss or damage arising from your failure to protect your Account information.

2.4 One Account Per User

Each User may maintain only one Account. Creating multiple Accounts may result in suspension or termination of all associated Accounts.

3. Platform Overview

3.1 Nature of Services

EarningNest operates as an online marketplace that connects Clients seeking services with Freelancers offering those services. We provide the platform and tools to facilitate these connections but are not a party to the actual service agreements between Clients and Freelancers.

3.2 No Employment Relationship

EarningNest does not employ Freelancers. No employment, partnership, joint venture, or agency relationship exists between EarningNest and any User. Freelancers are independent contractors responsible for their own taxes, insurance, and legal compliance.

3.3 Not a Service Provider

EarningNest does not provide the services listed on the Platform. We are a venue for Users to connect and transact. Freelancers are solely responsible for the services they provide, and Clients are solely responsible for evaluating and selecting appropriate Freelancers.

4. User Conduct and Responsibilities

4.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

General Prohibitions:

• Violating any applicable laws, regulations, or third-party rights
• Impersonating any person or entity or misrepresenting your affiliation
• Interfering with or disrupting the Services or servers
• Using automated systems (bots, scrapers) to access the Services without permission
• Attempting to gain unauthorized access to any portion of the Services
• Transmitting viruses, malware, or other harmful code
• Harassing, threatening, or abusing other Users
• Engaging in fraudulent activities or scams

Content Prohibitions:

• Posting content that is illegal, offensive, defamatory, or violates intellectual property rights
• Offering or requesting services that violate laws or third-party terms of service
• Creating fake reviews or manipulating the rating system
• Sharing content that contains malware or phishing attempts

Transaction Prohibitions:

• Circumventing the Platform to avoid fees (see Section 6.6)
• Requesting or providing contact information before completing an Order
• Making or accepting payments outside the Platform
• Manipulating prices or engaging in price fixing

4.2 Compliance with Laws

Users must comply with all applicable international, federal, state, and local laws and regulations, including but not limited to tax laws, privacy laws, intellectual property laws, and employment laws.

4.3 Third-Party Terms of Service

Users agree not to offer, request, or provide services that violate the terms of service of any third-party platform or service.

5. Services for Freelancers

5.1 Creating Service Listings

Freelancers may create Service Listings describing the services they offer. Each listing must:

• Accurately describe the services being offered
• Clearly state what is included and excluded
• Specify delivery timeframes and revision policies
• Include honest portfolio samples and descriptions
• Comply with all applicable laws and Platform policies

5.2 Service Delivery Standards

Freelancers agree to:

• Deliver services as described in their Service Listing
• Meet agreed-upon deadlines
• Communicate professionally and promptly with Clients
• Provide original work that does not infringe on any third-party rights
• Deliver high-quality work that meets professional standards
• Submit all deliverables through the Platform

5.3 Revisions

Freelancers must honor revision requests as specified in their Service Listing packages. Additional revisions beyond those included may be offered at an additional fee.

5.4 Professional Conduct

Freelancers must maintain professional conduct in all interactions and may not:

• Request or accept payment outside the Platform
• Share personal contact information before Order completion
• Solicit Clients to work outside the Platform
• Guarantee results that are not within their control

6. Services for Clients

6.1 Placing Orders

Clients may browse Service Listings and place Orders through the Platform. By placing an Order, Clients agree to:

• Provide clear instructions and necessary materials
• Pay the agreed-upon price
• Respond promptly to Freelancer communications
• Review deliverables within the specified timeframe
• Provide constructive feedback

6.2 Order Requirements

Clients must provide all necessary information, access, materials, and cooperation required for Freelancers to complete the work as described.

6.3 Reviewing Deliverables

Clients have a specified period (typically 3-7 days depending on Order value) to review deliverables and request revisions as per the service package terms. Failure to respond within this period may result in automatic Order completion.

6.4 Acceptance of Deliverables

Once a Client approves deliverables or the review period expires, the Order is marked as complete, and payment is released to the Freelancer.

6.5 Cancellations and Refunds

Cancellation and refund policies are outlined in Section 9. Clients who repeatedly cancel Orders without valid reason may face Account restrictions.

6.6 Non-Circumvention

Clients agree not to circumvent the Platform by:

• Hiring Freelancers outside the Platform during or after an Order
• Requesting contact information to avoid Platform fees
• Engaging Freelancers directly within 24 months of initial contact through the Platform

Violation of this provision may result in a fee equal to the Platform's commission on the estimated value of the circumvented work, Account suspension, or termination.

7. Orders and Transactions

7.1 Order Process

The Order process includes:

• Client selects a Service Listing and package
• Client provides Order requirements and makes payment
• Payment is held securely by EarningNest
• Freelancer delivers work according to specifications
• Client reviews and either approves or requests revisions
• Upon approval, payment is released to Freelancer

7.2 Order Modifications

Once an Order is placed, modifications to scope or requirements may require mutual agreement between Client and Freelancer. Significant changes may necessitate a new Order or Custom Offer.

7.3 Custom Offers

Freelancers may create Custom Offers tailored to specific Client requirements. Custom Offers expire after 7 days unless otherwise specified.

7.4 Communication

All Order-related communication must occur through the Platform's messaging system. This protects both parties and creates a record for dispute resolution.

7.5 Milestone Payments

For larger projects, Clients and Freelancers may agree to milestone-based payments, where payment is released in stages upon completion of defined milestones.

8. Payments and Fees

8.1 Payment Processing

All payments must be processed through the Platform using approved payment methods. EarningNest uses third-party payment processors to handle transactions securely.

8.2 Service Fees for Freelancers

Freelancers agree to pay a service fee on each completed Order. The current fee structure is:

• Standard Fee: 20% of the Order value for Freelancers with less than $10,000 in lifetime earnings
• Reduced Fee: 15% of the Order value for Freelancers with $10,000-$50,000 in lifetime earnings
• Premium Fee: 10% of the Order value for Freelancers with over $50,000 in lifetime earnings

Service fees are automatically deducted from payments before funds are transferred to the Freelancer's account.

8.3 Service Fees for Clients

Clients may be charged a processing fee of 3-5% (depending on payment method) on each Order to cover payment processing costs.

8.4 Payment Hold Period

Payments are held in escrow until:

• The Client approves the deliverables, or
• The review period expires without rejection, or
• A dispute is resolved in favor of the Freelancer

8.5 Withdrawal of Funds

Freelancers may withdraw earnings from their Account balance according to the following terms:

• Minimum Withdrawal: $10
• Withdrawal Methods: Bank transfer, PayPal, or other approved methods
• Processing Time: 3-14 business days depending on method
• Withdrawal Fees: May vary by method (displayed before withdrawal)

8.6 Currency

All transactions are processed in USD unless otherwise specified. Currency conversion fees may apply for international transactions.

8.7 Taxes

Users are solely responsible for determining and paying any applicable taxes, duties, or fees arising from their use of the Services. EarningNest does not provide tax advice.

8.8 Fee Changes

EarningNest reserves the right to change fee structures with 30 days' advance notice to Users.

9. Cancellations, Refunds, and Disputes

9.1 Order Cancellation

Either party may request Order cancellation under the following circumstances:

• By Mutual Agreement: Both parties may agree to cancel at any time.
• By Client: If the Freelancer fails to deliver as described or within the agreed timeframe.
• By Freelancer: If the Client fails to provide necessary information or cooperation, or if the Order violates Platform policies.

9.2 Refund Policy

Refunds are handled on a case-by-case basis:

• Before Work Begins: Full refund available
• Work in Progress: Partial refund may be issued based on work completed
• After Delivery: Refunds considered only if deliverables significantly deviate from Service Listing description

9.3 Dispute Resolution Process

If a dispute arises between Client and Freelancer:

• Direct Communication: Parties should first attempt to resolve the issue directly
• Dispute Submission: If unresolved, either party may submit a formal dispute through the Platform
• Documentation: Parties must provide all relevant evidence and communication
• Platform Review: Our dispute resolution team will review all evidence
• Decision: A decision will be made within 5-10 business days
• Final: The Platform's decision is final unless arbitration is pursued (see Section 18)

9.4 Chargebacks

Clients who initiate chargebacks with their financial institution instead of using the Platform's dispute resolution process may have their Account permanently suspended.

10. Intellectual Property Rights

10.1 Platform Content

All content on the Platform, including text, graphics, logos, images, software, and designs, is owned by EarningNest or our licensors and is protected by copyright, trademark, and other intellectual property laws.

10.2 User-Generated Content

Users retain ownership of content they upload to the Platform (profiles, Service Listings, messages, deliverables). By uploading content, you grant EarningNest a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content solely for the purpose of operating and promoting the Platform.

10.3 Service Deliverables

Transfer of Rights: Unless otherwise agreed in writing between Client and Freelancer:

• Upon full payment and Order completion, Clients receive all intellectual property rights to deliverables
• Freelancers represent and warrant they have the right to transfer such ownership
• Freelancers may retain the right to use deliverables in their portfolio unless prohibited by Client

Work Made for Hire: To the extent permitted by law, deliverables are considered "work made for hire," with the Client as the author and owner.

10.4 Portfolio Use

Freelancers may display completed work in their portfolio unless the Client explicitly requests confidentiality or has a non-disclosure agreement in place.

10.5 Copyright Infringement

EarningNest respects intellectual property rights. Users must not upload, share, or deliver content that infringes on any third-party copyrights, trademarks, or other intellectual property rights.

DMCA Compliance: We comply with the Digital Millennium Copyright Act. If you believe content on our Platform infringes your copyright, please contact us at legal@earningnest.com with:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief
• A statement under penalty of perjury that the information is accurate
• Your physical or electronic signature

11. Privacy and Data Protection

11.1 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

11.2 Confidential Information

Users may share confidential business information through the Platform. Both parties agree to:

• Keep confidential information secure
• Not disclose information to third parties without consent
• Use information only for the purpose of completing Orders

11.3 Data Security

While we implement reasonable security measures, no system is completely secure. Users acknowledge that they use the Services at their own risk.

12. Reviews and Ratings

12.1 Review System

After Order completion, both Clients and Freelancers may leave reviews and ratings. Reviews are visible to the public and become part of the User's profile.

12.2 Review Guidelines

Reviews must:

• Be honest and based on actual experience
• Focus on the service quality and professionalism
• Avoid personal attacks, profanity, or discriminatory language
• Not disclose confidential information

12.3 Review Integrity

Users may not:

• Create fake or manipulated reviews
• Offer incentives for positive reviews
• Use reviews to threaten or extort other Users
• Review their own services from alternate accounts

12.4 Review Disputes

Users may flag reviews that violate guidelines. EarningNest reserves the right to remove reviews that breach policies but will not remove negative reviews simply because they are unfavorable.

13. Account Suspension and Termination

13.1 Suspension by EarningNest

We may suspend or restrict your Account if:

• You violate these Terms or Platform policies
• We suspect fraudulent or illegal activity
• We receive complaints about your conduct
• Your Account poses a security risk
• You engage in behavior harmful to the Platform or other Users

13.2 Termination by EarningNest

We may permanently terminate your Account if:

• You commit serious or repeated violations
• You engage in illegal activity
• Your Account remains inactive for an extended period
• We decide to discontinue the Services

13.3 Termination by User

You may close your Account at any time by contacting support. Upon closure:

• You must complete all outstanding Orders
• You remain liable for any outstanding fees
• You forfeit access to Account data after 30 days
• These Terms continue to apply to past activities

13.4 Effect of Termination

Upon Account termination:

• Your access to the Services will be immediately revoked
• Outstanding payments may be withheld pending resolution of disputes
• You must cease using EarningNest branding or materials
• Sections of these Terms that by nature should survive will remain in effect

14. Disclaimers and Limitation of Liability

14.1 Service Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. EARNINGNEST DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that:

• The Services will be uninterrupted, secure, or error-free
• Service quality will meet your expectations
• Any content or information will be accurate, complete, or reliable
• Defects or errors will be corrected

14.2 User Content Disclaimer

EarningNest does not verify, endorse, or guarantee the accuracy of User content, Service Listings, or deliverables. Users are responsible for evaluating the accuracy, completeness, and usefulness of all content.

14.3 Third-Party Services

The Services may contain links to third-party websites or integrate with third-party services. EarningNest is not responsible for the content, policies, or practices of third parties.

14.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARNINGNEST SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES ARISING FROM USER CONDUCT OR INTERACTIONS
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT
• DAMAGES ARISING FROM SERVICE INTERRUPTIONS OR ERRORS

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT OF FEES YOU PAID TO EARNINGNEST IN THE 12 MONTHS PRECEDING THE CLAIM.

14.5 Jurisdictional Limitations

Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless EarningNest, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Content you submit or transmit through the Services
• Your interactions with other Users
• Services you provide or receive through the Platform

16. Modifications to Terms

16.1 Right to Modify

EarningNest reserves the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms on the Platform
• Updating the "Last Updated" date
• Sending email notification (for significant changes)

16.2 Acceptance of Changes

Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and close your Account.

16.3 Material Changes

For material changes that significantly affect your rights, we will provide at least 30 days' advance notice before the changes take effect.

17. Governing Law and Jurisdiction

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

17.2 Jurisdiction

Subject to the arbitration provisions in Section 18, you agree that any legal action arising from these Terms shall be brought exclusively in the courts located in [Your Jurisdiction], and you consent to the personal jurisdiction of such courts.

18. Arbitration and Class Action Waiver

18.1 Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

You and EarningNest agree to resolve any disputes arising from these Terms or your use of the Services through binding arbitration, except as specified below.

18.2 Exceptions to Arbitration

The following disputes are not subject to arbitration:

• Small claims court actions within jurisdictional limits
• Actions to enforce or protect intellectual property rights
• Actions related to theft, piracy, or unauthorized use of the Services

18.3 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in [Your Location] or remotely by video conference.

18.4 Class Action Waiver

YOU AND EARNINGNEST AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Unless both you and EarningNest agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not preside over any form of consolidated, representative, or class proceeding.

18.5 Costs of Arbitration

Each party will bear their own costs of arbitration. If you prevail in arbitration, EarningNest will pay your reasonable attorneys' fees if required by law.

18.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@earningnest.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and EarningNest regarding the Services.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

19.4 Assignment

You may not assign or transfer these Terms or your Account without our prior written consent. EarningNest may assign these Terms without restriction.

19.5 Force Majeure

EarningNest shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, or government actions.

19.6 Notices

Notices to EarningNest must be sent to:

EarningNest Legal Department
Email: legal@earningnest.com
Address: [Your Business Address]

We may provide notices to you via email to the address associated with your Account or by posting on the Platform.

19.7 Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict, the English version shall prevail.

19.8 Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitation of liability, and dispute resolution provisions.

20. Contact Information

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

• EarningNest Support
• Email: support@earningnest.com
• Website: https://earningnest.com/contact
• Help Center: https://earningnest.com/help