Terms of Service - Data Freelancers

Last Modified: May 25, 2025

Acceptance of the Terms of Service

Thank you for your interest in using the online services operated by Powered By Data, LLC, d/b/a Data Freelancers (hereafter referred to as “Data Freelancers,” “we,” “us,” or “our“). These Terms of Service govern your use of online and/or mobile services, websites, and software provided on or in connection with www.DataFreelancers.com (collectively, the “Service“) which may be offered through (i) the Data Freelancers website located at www.DataFreelancers.com (the “Website“), (ii) mobile applications associated with the Website, and/or (iii) any other Data Freelancers website, app, or online service which links to these Terms of Service.

Please read the Terms of Service carefully before you start to use the Website. These Terms of Service, as well as the conditions, notices, and guidelines provided by Data Freelancers or posted on the Website (collectively, the “Terms“) govern your use of the Service and also describe your rights and responsibilities and what you can expect from your use of the Service. By using the Website, you acknowledge that you have read, understood, and agree to be bound and abide by these Terms and our Privacy Policy, found at https://datafreelancers.com/privacy-policy/. If you do not agree with the Terms, you must not access or use the Website. If you are using the Service as a member of an organization and that organization has a separate contract in effect with us, the terms of that contract will govern your use of the Service. You may use the Service only in compliance with these Terms and only if you have the power to form a contract with Data Freelancers and are not barred under any applicable laws from doing so.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE SECTION 14 BELOW FOR MORE INFORMATION.

1. SERVICE DESCRIPTION

The Service is an online marketplace platform that connects businesses (Clients) with skilled data and AI professionals (Freelancers) for project-based work. Data Freelancers provides the platform, tools, and services that enable Users to find each other, post and respond to job opportunities, communicate, collaborate, enter into service contracts, and process payments through our secure escrow system.

Marketplace Relationship: Data Freelancers operates as a platform facilitator and is not a party to any contracts between Clients and Freelancers. We do not employ Freelancers, guarantee the quality of work, or supervise the performance of Service Contracts. Users are solely responsible for evaluating potential partners, negotiating contract terms, and fulfilling their contractual obligations.

2. CHANGES TO THESE TERMS

Data Freelancers reserves the right to add, delete, and modify these Terms at any time in its sole discretion. All changes are effective immediately when posted on the Website and will apply to the access and use of the Website thereafter. In the event of substantive changes to these Terms, you may be notified by email of the changes. Your continued use of the Website following the posting of revised Terms will constitute your binding acceptance of and agreement to the changes. You should check this page from time to time so that you are aware of any changes as they are binding on you.

3. REGISTRATION AND ACCOUNT TYPES

3.1 Registration Requirements

To obtain access to the Service beyond navigating the Website, you must register for an account with Data Freelancers. During registration you will be asked to provide us with a username and email address and to create a password. You may also be asked for your contact information (e.g., your name, address, and/or phone number) and certain financial information, such as a valid credit card number and expiration date. It is a condition of your use of the Website that all information provided by you to register with the Website and/or the Services is correct, current, and complete.

3.2 Account Types

We offer different account types to serve various marketplace participants:

Client Accounts: Enable businesses to post projects, review freelancer proposals, hire data professionals, manage contracts, and process payments. Client accounts may add team members with appropriate permissions.

Freelancer Accounts: Enable data and AI professionals to create service profiles, browse and respond to project opportunities, communicate with clients, submit proposals, and receive payments for completed work.

3.3 Account Responsibilities

You understand and acknowledge that you may not share your account credentials with anyone, that you alone are responsible for maintaining the confidentiality of your account and its password, that you are fully responsible for all activities that occur under your account, and that your account is for your personal or business use only. We are not responsible for any loss or damage arising from any unauthorized use of your account.

3.4 Identity Verification

When you register for an Account and periodically thereafter, your Account will be subject to verification, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Data Freelancers. You authorize Data Freelancers, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your business, email address or financial accounts, subject to applicable law.

4. PURPOSE OF DATA FREELANCERS

4.1 Marketplace Platform

Data Freelancers operates as a work marketplace where Clients and Freelancers can identify each other and engage in business relationships for data and AI professional services. Subject to these Terms of Service, Data Freelancers provides the Services to Users, including hosting and maintaining the platform, facilitating the formation of Service Contracts, providing secure payment processing through escrow services, and assisting Users in resolving disputes.

4.2 Relationship with Data Freelancers

You acknowledge and agree that Data Freelancers:

Provides a platform that enables Users to find one another and enter into service relationships
Is not responsible for ensuring the accuracy or legality of User Content or profiles
Is not responsible for the offering, performance, or procurement of Freelancer Services
Does not make any representations about or guarantee any particular User’s offered services
Is not a party to Service Contracts between Users

You are solely responsible for evaluating and determining the suitability of any Project, Client, or Freelancer, and for verifying any information about other Users.

4.3 User Responsibilities

For Freelancers: You are solely responsible for:

All tax liability associated with payments received from Clients through Data Freelancers
Obtaining any liability, health, workers’ compensation, disability, unemployment, or other insurance
Determining and fulfilling your obligations under applicable laws regarding invoicing, reporting, collecting, or remitting any applicable taxes
Compliance with all business licensing and registration requirements

For Clients: You are solely responsible for:

Determining whether Freelancers should be engaged as independent contractors or employees
Ensuring compliance with applicable employment and labor laws
Proper worker classification and any resulting legal obligations

5. SERVICE CONTRACTS

5.1 Contract Formation

When a Client and Freelancer decide to work together through the platform, they form a direct contractual relationship (a “Service Contract”). Data Freelancers facilitates this relationship but is not responsible for and is not a party to any Service Contract.

Service Contracts may include:

Fixed-Price Contracts: A set fee agreed upon before work begins for completion of specified deliverables
Hourly Contracts: Payment based on time worked at agreed hourly rates
Milestone-Based Contracts: Payment tied to specific deliverables or project completion phases

5.2 Contract Terms and Performance

Clients and Freelancers may enter into any agreements they deem appropriate (e.g., confidentiality agreements, intellectual property assignments, etc.), provided that those agreements do not conflict with Data Freelancers’ rights and obligations under these Terms of Service.

Users are solely responsible for:

Negotiating and agreeing to contract terms
Performance and monitoring performance under Service Contracts
Resolving disputes that may arise from their contractual relationships

5.3 Dispute Resolution Between Users

For disputes arising between Clients and Freelancers, you agree to first attempt direct resolution. If direct resolution fails, you may utilize Data Freelancers’ dispute resolution process as explained in the applicable Escrow Instructions. Data Freelancers reserves the right to make final determinations regarding fund disbursement in disputed transactions but is not obligated to provide ongoing dispute resolution assistance.

5.4 Confidential Information

Users may agree to confidentiality terms. If Users do not agree to their own confidentiality terms, the following applies:

To the extent a User provides Confidential Information to another User, the recipient will take reasonable steps to keep that information confidential. Users specifically agree that this obligation applies to information exchanged for purposes of evaluating whether to enter into a Service Contract, even if such contract is never agreed to.

6. ACCESS TO THE SERVICE

6.1 License

Data Freelancers grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to access and use the Service from servers operated by Data Freelancers for your own business use.

6.2 Updates

Data Freelancers may provide to you, in its sole discretion, from time to time, bug fixes, changes, corrections, modifications, and updates to the Service (“Updates“) in the same manner as provided to other users subscribed to the Service during the Term. Data Freelancers reserves the right to add or remove any feature or function and suspend or stop the Service.

6.3 Feedback

By sending or submitting messages to Data Freelancers, including but not limited to images, feedback, suggestions, ideas, or any other feedback you have generated (collectively, the “Feedback“), you automatically grant, and you represent and warrant that you have the right to grant, to Data Freelancers an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display, distribute, sublicense, prepare derivative works of, or incorporate into other works or the Service the Feedback.

7. PERMISSIBLE USE OF THE SERVICES

You may use the Service for business purposes to connect with data and AI professionals, collaborate on projects, and conduct marketplace transactions as expressly permitted by Data Freelancers. The Service is subject to applicable U.S. laws, including export laws and regulations. You must comply with all domestic and international laws and regulations that apply to the Service.

Permitted uses include:

Posting legitimate job opportunities for data and AI services
Creating professional profiles showcasing data and AI expertise
Submitting proposals for posted projects
Communicating with other Users through platform tools
Managing active Service Contracts and projects
Processing payments through the platform’s escrow system

8. PROHIBITED ACTIVITIES

Without limiting the foregoing, you agree that you will not do any of the following:

8.1 Technical Violations

Use any robot, spider, script, scraper, deep link or other similar automated data gathering or extraction tools without Data Freelancers’ prior written consent
Use the Service in any manner that could damage, disable, overburden, disrupt, or impair the Service or interfere with any other party’s use and enjoyment of the Service
Modify, adapt, translate, copy, or reverse engineer any feature, graphic, content, function, or other aspect of the Service
Frame or reformat the Service in any way

8.2 Account and Identity Violations

Register to use the Service or create an account using any automated means or under false pretenses
Create a false identity for the purpose of misleading others or impersonate any person or entity
Delete any author attributions, legal notices or proprietary designations or labels
Share your account credentials with anyone or maintain multiple accounts

8.3 Content Violations

Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation
Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable
Post content that would infringe on any intellectual property rights, including copyrights

8.4 Marketplace-Specific Violations

Fraudulent Activities: Misrepresenting skills, experience, or qualifications; creating fake profiles; submitting false project proposals; manipulating feedback, ratings, or reviews
Unfair Practices: Requesting free work as part of proposal submissions; discriminatory hiring practices; demanding payments outside agreed contract terms; spamming users with unsolicited proposals
Circumvention: Attempting to circumvent platform fees or payment systems; sharing contact information to take business off-platform; processing payments outside the escrow system
System Abuse: Using automated tools to spam or manipulate platform features; attempting to extract user contact databases; reverse engineering platform security

8.5 Legal Violations

Use or attempt to use the Service for any unauthorized, fraudulent, or malicious purpose
Use or attempt to use the Service in any manner that violates any local, state, national, or international law

9. NON-CIRCUMVENTION

9.1 Platform Exclusivity Period

You acknowledge that a substantial portion of the compensation Data Freelancers receives is collected through service fees, and that in exchange, a substantial value provided to you is the business relationships you make with other Users through the platform. Therefore, for 24 months from the start of any business relationship made through Data Freelancers (the “Non-Circumvention Period”), you agree to use the platform as your exclusive method to request, make, and receive all payments for work directly or indirectly with that person or arising from that relationship.

9.2 Communication Restrictions

Prior to entering into a Service Contract, you agree to communicate with other Users exclusively through Data Freelancers. You agree that you will not:

Provide your contact information (email, phone, social media, etc.) to any other User
Use another User’s contact information to communicate outside of Data Freelancers
Ask for, provide, or attempt to identify contact information of another User
Include any contact information in profiles, proposals, job postings, or communications through the platform

9.3 Prohibited Circumvention Activities

During the Non-Circumvention Period, you may not:

Offer, solicit, or accept any offer to contract, hire, invoice, pay, or receive payment outside the platform
Report lower amounts than actually agreed, made, or received between Users
Refer a User identified on the platform to a third party for purposes of making payments outside the platform

9.4 Conversion Fee

You may opt out of the Non-Circumvention obligations by paying a Conversion Fee of minimum $2,500 USD or 15% of estimated annual contract value, whichever is greater. This allows parties to take their business relationship off the platform while compensating Data Freelancers for facilitating the connection.

9.5 Enforcement

Violations of Non-Circumvention provisions constitute material breach and may result in:

Immediate account suspension or termination
Charges for applicable Conversion Fees
Legal action for damages and attorneys’ fees
Forfeiture of funds held in escrow

10. SUPPORT SERVICES

Depending on the portion of Service you subscribe to, Data Freelancers may provide training or other support services (“Support Services“) in connection with the Service, as set forth in the particularized description of such portion of the Service. By selecting a portion of the Service that includes Support Services, you agree that you will work with us in good faith in order to effectuate such Support Services.

11. THIRD PARTY SERVICES

The Service may now or in the future allow you to link, synchronize, select, input, upload, and share data and information from the Internet and other third-party software platforms and systems (“Third-Party Services“). By installing Third Party Services and/or accessing Third Party Services using the Service, you hereby represent and warrant that you have the lawful right to install and access such Third-Party Services. You acknowledge that Data Freelancers is not responsible for any Third-Party Services.

12. PAYMENT TERMS AND ESCROW SERVICES

12.1 Escrow Services

Data Freelancers provides escrow services to facilitate secure payments between Clients and Freelancers (“Escrow Services”). All payments for Service Contracts must be processed through our escrow system. Data Freelancers Escrow holds funds in trust and releases them according to the terms of Service Contracts and these Terms of Service.

12.2 Service Fees

Freelancer Service Fees: Freelancers agree to pay Data Freelancers a service fee for use of the Services (including marketing, invoicing, payment, and dispute resolution services) as set forth in our current fee schedule published on the platform. This fee is automatically deducted from payments before disbursement to Freelancers.

Client Marketplace Fees: Clients pay Data Freelancers a marketplace fee for accessing the Services and for administration and facilitation of payments, as described in our current fee schedule.

Payment Processing Fees: Additional fees may apply for certain payment methods, currency conversions, or expedited processing.

12.3 Payment Processing

For Fixed-Price Contracts: Client deposits the full contract amount (or milestone amount) into escrow before work begins. Funds are released to Freelancer upon completion and Client approval, or according to dispute resolution procedures if applicable.

For Hourly Contracts: Client pre-authorizes payment method. Freelancer submits time reports through the platform. Client has 5 business days to review and approve/dispute reported time before automatic payment release.

12.4 Escrow Account Management

Data Freelancers will establish and maintain escrow accounts as needed to hold funds for payment processing. Funds held in escrow earn no interest for Users. Data Freelancers maintains these funds in segregated accounts separate from operational funds and will not voluntarily make such funds available to creditors.

12.5 Disputes and Chargebacks

Clients agree not to initiate credit card chargebacks for legitimate service transactions. The platform’s dispute resolution process is the exclusive remedy for payment disputes. Unauthorized chargebacks constitute material breach and may result in account suspension and collection actions.

12.6 Currency and International Payments

The Service operates in U.S. Dollars. If currency conversion is required, Data Freelancers will apply current exchange rates, which may include conversion fees. Users are responsible for any fees assessed by their financial institutions.

13. OWNERSHIP

13.1 Content

The Website and its entire contents, features, and functionality are owned by Data Freelancers and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website for your business use only. Data Freelancers and its licensors own and shall retain all rights, title, and interest in and to the Service, all modifications and improvements thereto, all Feedback, and all Intellectual Property rights.

13.2 Your Information

You hereby grant Data Freelancers the right to transmit, use, and disclose data and information that you provide to Data Freelancers solely to the extent necessary to provide the Service, as otherwise permitted by these Terms, to comply with any request of a governmental or regulatory body, as otherwise required by law, or to respond to an emergency which Data Freelancers believes in good faith requires disclosure to assist in preventing death or serious bodily injury.

13.3 Work Product and Service Contracts

As between Clients and Freelancers, ownership of work product created under Service Contracts shall be determined by the terms of those contracts. Data Freelancers claims no ownership rights in work product created through the platform.

14. SECURITY

Data Freelancers acknowledges and agrees that its security procedures and systems, including those related to the Service and hosting services, will align with industry standards. You acknowledge that Data Freelancers may provide hosting services for the Service through a third party host under an agreement with Data Freelancers. Data Freelancers agrees that any and all agreements between Data Freelancers and its third party service providers involving your data or information shall include provisions which legally bind such third party service provider to confidentiality, data privacy, and security provisions at least as protective as these Terms.

15. WARRANTY DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or destructive code. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE.

YOUR USE OF THE WEBSITE, ITS CONTENTS, AND ANY SERVICES OBTAINED THEREFROM ARE AT YOUR OWN RISK. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DATA FREELANCERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DATA FREELANCERS, ITS AFFILIATES, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

IN NO EVENT WILL THE LIABILITY OF DATA FREELANCERS IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNT DIRECTLY PAID BY YOU TO USE THE SERVICES DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR $2,500, WHICHEVER IS LESS.

17. INDEMNIFICATION

You agree to indemnify and hold harmless Data Freelancers, its affiliates, licensors, and service providers, and their respective directors, officers, employees, agents, assigns, and licensors from and against any damages, liabilities, judgments, awards, costs, losses, expenses, suits, fees, or claims, including reasonable attorneys’ fees and costs arising out of or relating to:

Your violation of these Terms
Your use of the Website and Services
Any Service Contract entered into by you
Your failure to comply with applicable law
Negligence, willful misconduct, or fraud by you
Your violation of any third-party right, including intellectual property rights

18. DISPUTE RESOLUTION

18.1 Mandatory Arbitration

Any controversy, claim or dispute arising between the parties arising out of or relating to these Terms will be resolved by binding arbitration in King County, Washington, U.S.A. or other location agreed upon by Data Freelancers. The prevailing party will be entitled to recover all costs, including reasonable attorneys’ fees.

18.2 Procedure

You agree to attempt in good faith to resolve any Dispute through discussions with Data Freelancers before commencing arbitration. If the Dispute has not been resolved within thirty (30) days, then the Dispute will be submitted to JAMS (www.jamsadr.com) for binding arbitration under the JAMS Comprehensive Arbitration Rules.

18.3 Class Action Waiver

Any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action, unless both you and Data Freelancers specifically agree to do so in writing.

18.4 Right to Opt Out

If you do not wish to be bound by the arbitration provisions, you must notify Data Freelancers in writing within 30 days of accepting these terms at: Attn: Legal, Powered By Data, LLC, 500 108th Avenue N.E., Suite 1100, Bellevue, Washington, 98004, or via email to [email protected].

19. SUSPENSION, TERMINATION OR CANCELLATION

Data Freelancers reserves the right to suspend, limit access to, or terminate your use of the Service at any time, upon the occurrence of any of the following: (i) violation of these Terms; (ii) use of the Service in a manner determined harmful to Data Freelancers or other users; (iii) planned or unplanned downtime; (iv) failure to complete identity verification; or (v) as required by law or legal process.

Termination of your account does not terminate any Service Contracts you have entered into with other Users, but may limit your ability to communicate through the platform or receive payments through our escrow system.

20. COPYRIGHT INFRINGEMENT

Data Freelancers respects intellectual property rights and will respond to clear notices of alleged copyright infringement. If you believe content on our platform infringes your copyright, please notify our designated copyright agent at:

Attn: Legal
Powered By Data, LLC
500 108th Avenue N.E. Suite 1100
Bellevue, Washington, 98004
[email protected]

21. RELIANCE ON INFORMATION

The information provided on the Website is made available solely for general information purposes. We do not warrant the accuracy or completeness of the information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other user.

22. MISCELLANEOUS

These Terms will be binding upon each party and its successors and governed by the laws of the State of Washington, without reference to conflict of law principles. These Terms contain all agreements between the parties regarding its subject matter. No failure or delay in exercising any right under these Terms will operate as a waiver thereof.

If any provision of these Terms is deemed unenforceable, the remainder will continue in full force and effect. The Website may contain links to third-party sites; we have no control over and accept no responsibility for such sites.

23. WAIVER AND SEVERABILITY

No waiver by Data Freelancers of any term or condition shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms is held invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the maximum extent such that the remaining provisions will continue in full force and effect.

24. COMMENTS AND QUESTIONS

If you have any comments or questions, you may address them to Powered By Data, LLC, 500 108th Avenue N.E., Suite 1100, Bellevue, Washington, 98004, or via email to [email protected].

Definitions

“Client” means any User who uses the Service to find and hire Freelancers for data and AI professional services.

“Freelancer” means any User who uses the Service to offer data and AI professional services to Clients.

“Service Contract” means the contractual agreement between a Client and Freelancer for the provision of services, facilitated through but not governed by Data Freelancers.

“User” means any registered user of the Data Freelancers platform, including both Clients and Freelancers.

“Confidential Information” means any proprietary or sensitive information shared between Users in connection with potential or actual Service Contracts.