General terms and conditions

LAST CHANGE: 29/04/2022

WORKSIBLE, SL with registered office at Calle Micenas, 119, CP: 28232 - Las Rozas (Madrid) with NIF B88501226 and registered in the Mercantile Registry of Madrid in Volume (“volume”) 39790, Folio (“folio”) 88, Sheet ("sheet") number M-707023 (hereinafter, "Worksible" or "we") is the legal owner of the Worksible platform (hereinafter, the "Platform") hosted on the web domain https:/ /worksible.com, through which intermediation services are offered for professionals and companies ("Services") that we make available to you ("User/s" or "you").

Access and navigation through the Platform is free, being a necessary condition for its use, the acceptance of these terms and conditions.

If you have any questions, you can contact us directly at the postal address indicated, through the following email hello@worksible.com and by phone number: (+34) 911233243

1. General

These conditions of use (hereinafter, the "General Conditions of Use" or "CGU") establish the terms and conditions that govern the access and use of the Worksible Platform in any of its versions and/or updates.

These CGU are made up of the following terms and conditions:


  1. 1.1. By using the Worksible website, you acknowledge that you have read, understood, and agree to all of the terms and conditions stated herein.
  2. 1.2. You declare that you have the capacity (and that you are of legal age) to accept these CGU (including all the specific terms and conditions for each of the types of users).
  3. 1.3. Worksible is exempt from liability in the event that the User has entered false or erroneous data when filling out any application or registration form. In any case, the User will be solely responsible for it.
  4. 1.4. If the User does not agree with all the terms and conditions of these CGU, or does not have sufficient capacity to accept these CGU and/or be bound by these CGU, they must not use the Platform.
  5. 1.5. If you wish to contact us for any reason in relation to the Platform, you can do so through the postal and electronic addresses indicated above.
  6. 1.6. Period of validity. The TOCs will remain in force until their termination, and those provisions that by their nature should remain in force after the termination of the TOCs will remain in force after their termination. Worksible may terminate the CGU at any time and at its sole discretion, by notifying you or making it known to you by any available means.
  7. 1.7. Worksible may update the CGU at its sole discretion, without prior express notice. If at any time you can no longer comply with the terms of the current CGU, these must be terminated and you must stop using the Platform immediately.
  8. 1.8. The User may deactivate their account by clicking on the "settings" section of their dashboard or company page. Before processing the user cancellation, you will be asked to indicate the reason for it. Once the deactivation of the account has become effective, the User will not be able to recover it, so in order to use the Platform in the future, they must register again.
  9. 1.9. These TOU, which incorporate the reference of all the texts applicable to them, constitute the entire agreement between you and Worksible with respect to the Platform and supersede all previous agreements that may have taken place between you and Worksible. Likewise, the User agrees to comply with all applicable legislation and in relation to these CGU.
  10. 1.10. Safeguard and interpretation. If any provision of these GCU is declared illegal, invalid or unenforceable by any competent authority, it will be interpreted as faithfully as possible to the original intention of said provision. In any case, said statement regarding one or more clauses will not prejudice the validity of the remaining ones.
  11. 1.11. Partial disability. You agree that if any provision of the TOU is found to be illegal or unenforceable, that provision will be removed. In which case, the remaining part of the provision in question will remain in full force.
  12. 1.12. The waiver of enforcing or remedying the breach of a certain provision of the CGU will not immediately constitute a waiver of enforcing or remedying the breach of any other provision of the CGU, whether or not of a similar nature. If any provision is declared invalid by a court or a competent regulatory body, said provision will be eliminated, without affecting the validity of the rest.
  13. 1.13. Idiom. The language applicable to these GCUs is Spanish. If versions are provided in other languages, it will be solely as a courtesy and convenience for Users. In case of contradiction, the Spanish version will prevail.
  14. 1.14. Applicable law and jurisdiction.
    1. 1.14.a. The preparation, validity and execution of the CGU and all non-contractual obligations derived from them will be governed by Spanish law.
    2. 1.14.b. Any action or procedure initiated to resolve a dispute arising from the CGU will be submitted to the jurisdiction of the Courts and Tribunals of Madrid and by accepting this document, the user accepts this venue, waiving any other applicable jurisdiction or the jurisdiction of any other courts and tribunals.

END USER LICENSE AGREEMENT OR END USER LICENSE AGREEMENT (EULA)

1 License

  1. 1.1. Subject to compliance with this EULA, Worksible or its suppliers grant you a non-exclusive, non-transferable and non-sublicensable limited license to access and use the Platform for the performance of the services provided by Worksible.
  2. 1.2. This license does not allow you to do any of the activities described below, and you agree that failure to comply with any of the following limitations will constitute an infringement of Worksible's rights:
    1. 1.2.a. You may not sell, license or assign the Worksible Platform or any reproduction or modification thereof to any person or entity;
    2. 1.2.b. you may not develop, distribute or host any server or software designed to interact with the Platform or to redirect or emulate the communication protocols used by Worksible;
    3. 1.2.c. You may not modify the Platform or any of its parts and/or contents;
    4. 1.2.d. You may not copy, translate, reverse engineer, obtain the source code of, modify, disassemble, decompile or create derivative works of the Platform or any part thereof, nor allow or authorize any third party to carry out such activities.
    5. 1.2.e. You may not develop, distribute or use any third party programs designed to affect the user experience of the Platform.
  3. 1.3. The license granted under this EULA does not confer title or ownership of the Platform and shall not be construed as a sale of any rights therein. All right, title and interest in the website is the property of Worksible.
  4. 1.4. Accordingly, you acknowledge that Worksible is and will be the owner of all rights to the Platform. This Platform is protected by Spanish and EU intellectual property laws, by international treaties and by any other applicable legislation.

2. Intellectual and Industrial Property

  1. 2.1. Industrial Property. The distinctive signs (graphic and denominative) that appear on this website are the exclusive property of Worksible or, where appropriate, of third-party owners who consent to their use by Worksible. Consequently, the use in economic traffic of the trademarks or trade names that appear on the Platform, by Users without having obtained the proper authorization, is prohibited.
  2. 2.2. Copyright. The contents, texts, photographs, designs, logos, images, sounds, videos, animations, recordings, source codes and, in general, any existing intellectual creation on the Platform, as well as the Platform itself as a whole as a multimedia artistic work, are protected as copyright by current legislation on intellectual property.

    The reproduction, storage (except that necessary to load the Platform in the browser or temporary storage), transformation, distribution, public communication, making it available to the public and in general any other form is prohibited, in general and not limited. of exploitation, by any means or procedure, of all or part of the contents subject to Worksible rights, except in the case of prior and express authorization to that effect.

    Any process that affects or uses the source code of the Platform is also prohibited, including those that seek to exploit, modify or even circumvent, alter or eliminate the security systems that it has implemented.
  3. 2.3. Domain names. In the same sense as referred to in the preceding section, the domain name is the exclusive property of Worksible. Its improper use in economic traffic would entail an infringement of the rights conferred by its registration and will be prosecuted by the means provided by law.

If you detect any infringement, please notify us at the indicated email address.

3. Accessibility

  1. 3.1. The use of the Platform is reserved for companies and professionals (freelancers) from all types of sectors and areas of economic traffic (except areas of activity that go against the law, morality, and public order) who wish to contact to request and provide services.
  2. 3.2. Access to the Worksible Platform will not be allowed for Users who want to request or promote services related to drug trafficking and other prohibited substances, violence, prostitution, pornography and/or terrorism. As well as those others that encourage or promote discrimination based on gender, race, ethnicity, religion, sexual orientation or disability. And in general, that they go against the law, morality and good customs.
  3. 3.3. Any User who promotes the above will be considered at the sole discretion of Worksible as an ineligible user. Worksible also reserves the right to cancel the User's account in case of repeated infractions, as well as to block their access to the Website with new accounts.

4. Use of the Platform

By accessing the Platform, you agree:

  1. 4.1. Use the Platform diligently, correctly and lawfully, and in such a way that it does not violate current legislation, morality and public order (see sections 3.2 and 3.3)
  2. 4.2. Do not transmit your username and password to unauthorized third parties, and must immediately notify Worksible of the access of an unauthorized user to said information.
  3. 4.3. Periodically review this EULA, or any other term, condition or rule that is applicable, checking the modifications that may occur.
  4. 4.4. Review communications that Worksible sends you, as they may contain important information.
  5. 4.5. Not to use the Platform for commercial purposes, especially to collect information or content in order to provide services that clearly constitute a competition for Worksible.
  6. 4.6. Do not modify or attempt to modify in any way, or take any action or use any means intended to simulate the appearance or functions of the Platform.
  7. 4.7. Not to damage, disable, overload or deteriorate the service (or the network or networks connected to the service), nor interfere with its use and enjoyment.
  8. 4.8. Refrain from carrying out any action that involves the introduction of computer viruses, worms, Trojan horses or any other malicious code intended to interrupt, destroy or limit the functionality of the Platform.
  9. 4.9. Do not use reverse engineering techniques and/or decrypt, decompile or use any other system intended to discover the source code of Worksible.
  10. 4.10. In any case, not to carry out any act that may violate the rights or interests of Worksible or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyrights, trade secrets...).
  11. 4.11. Do not disseminate content of a racist, xenophobic, pornographic nature, advocating terrorism and/or that violates human rights.
  12. 4.12. Do not carry out illegal activities, contrary to good faith, customs, morality or public order.

5. Responsibility

  1. 5.1. The Worksible Platform is provided "as is", without warranty, express or implied, of any kind.
  2. 5.2. To the extent permitted by applicable law, Worksible will not assume any liability with respect to the use of the Platform.
  3. 5.3. Worksible makes every effort to ensure that the Platform is operational and functions correctly at all times, but cannot guarantee it, as there are circumstances beyond Worksible's control or that are considered unforeseeable by us, in which case we do not assume any responsibility.
  4. 5.4. Despite our continuous effort to protect the systems and contents included in the Platform, for which the usual Internet security standards are used, it is not possible to offer full guarantees in relation to intrusions or loss of information that may occur. Likewise, the absence of viruses or other harmful elements on the Platform or on third-party websites that may cause alterations in the User's computer system, both software and hardware, cannot be guaranteed. Therefore, the User assumes and understands that there are situations that may be beyond the control of Worksible.
  5. 5.5. The Platform may include links to pages or sites of third parties unrelated to Worksible, for which it does not assume any responsibility by not approving or reviewing their functions and contents. When you access any link published on the Platform, you do so at your own risk, without Worksible assuming any responsibility for it.
  6. 5.6. In the same way, Worksible is exempt from any liability arising from the misuse of the Platform by you or its use by unauthorized users or those who do not comply with its EULA, as well as for the breach of the obligations or commitments purchased under this EULA or any other applicable EULA.
  7. 5.7. Worksible does not assume any responsibility for the consequences derived from errors on its part in verifying compliance with the necessary or advisable technical requirements or in the use of the Platform itself.
  8. 5.8. You hold Worksible harmless from any damage, loss or cost incurred or claimed by any third party as a result of your misuse of the Platform.
  9. 5.9. You must have the necessary elements for the proper functioning of the Worksible Platform, including a suitable mobile device and an Internet connection, all at your own risk.

6. Compensation

  1. 6.1. Worksible may sanction any user who breaches the EULA, with the impossibility of accessing the Platform, temporarily or indefinitely. The length of the penalty will depend on the type of offense committed. The restriction of access does not entail in any case the right to compensation.
  2. 6.2. Any damage, loss or cost (including legal and/or attorney's fees) arising from a breach by you of the EULA or any other applicable, incurred by Worksible must be compensated by the User. This includes any third party claims arising from such breaches.

7 Modifications

  1. 7.1. Worksible may change, modify, suspend or remove any aspect of the Platform at any time.
  2. 7.2. Worksible may also impose limits on certain features or restrict your access to certain parts or all of the Platform without notice.
  3. 7.3. Worksible may apply updates and modifications to the Platform at any time. Updates are essential to correct various deficiencies detected in the use or incorporation of improvements or modifications to the Platform. To this end, you must apply the necessary updates to continue using the Platform.
  4. 7.4. Worksible is not responsible for deficiencies or errors in its use due to the lack of application of the update or modification of the Platform, which will be notified through it and/or its mobile operating system.

Terms and conditions for freelancers

LAST CHANGE: 29/04/2022

ACCEPTANCE AND CONSENT. BY CREATING AN ACCOUNT, THE USER (HEREINAFTER, THE “FREELANCER”) EXPRESSES THAT THEY HAVE ACKNOWLEDGED, UNDERSTOOD, ACCEPTED AND BEING BOUND BY THE FOLLOWING CONDITIONS AND TERMS (HEREINAFTER, THE “AGREEMENT”), AS WELL AS ANY OTHER TERMS HEREIN INCLUDED EXPRESSLY OR BY REFERENCE. WITHOUT LIMITING THE FOREGOING, THE ENTIRE AGREEMENT BETWEEN WORKSIBLE, SL (HEREINAFTER "WORKSIBLE") AND FREELANCER CONSISTS OF: (I) THESE TERMS APPLICABLE TO FREELANCER; (II) THE END USER LICENSE AGREEMENT (EULA); (III) THE TERMS OF INTERMEDIATION; AS WELL AS (IV) ANY ANNEX OR DOCUMENT INCORPORATED BY REFERENCE OR ATTACHMENT.

1. Objective and scope

This Agreement regulates the relationship between Worksible and the Freelancer, by which Worksible will allow the Freelancer access to its Platform, and where the following services are provided: (i) profile creation service and/or personal page through from which you can publish your services and apply to different vacancies (hereinafter, "marketplace services”) (ii) service of communication and interaction with other users through direct messages, publications and viewing of their profiles (“social network”) (iii) collection and billing organization and management services (“management services").

2. Access and operation of the platform

  1. 2.1. The Freelancer must register on the Platform to have access to the different services and features offered on it.
  2. 2.2. Said registration must be made from the following link, filling in data about your full name, username, email, phone and password. To continue you will have to accept the terms and conditions (EULA).
  3. 2.3. As a username you may not use the name of another person or entity over which you do not have rights, nor any name or brand whose rights belong to another person or entity unless you have the proper authorization, nor a name that confuses to other users and lead them to think that the Freelancer is someone else, or any that is offensive, vulgar or obscene. In general, no denomination may be used that goes against the law, morality and good customs.
  4. 2.4. Users must necessarily be natural persons, over 16 years of age in order to register and offer their services as a Freelancer, the creation of accounts for companies, robots or automated methods being prohibited.
  5. 2.5. Once the User registers, he must indicate to which category he belongs to Freelancer or Company. After you have indicated “Freelancer”, you will be asked to verify your email.
  6. 2.6. Once the email is verified, you will be able to access the dashboard, where you fill in the personal information of the KYC that redirects you, in turn, to Stripe's KYC.
  7. 2.7. Subsequently, the Freelancer must add their bank account number and billing information, as well as that they agree to the billing of their services by a third party (ie, by Worksible).
  8. 2.8. With the above steps duly completed, the Freelancer can begin to complete their profile by uploading their biography, experience, training and skills.
  9. 2.9. Only when they complete their profile, the Freelancer will be able to upload a service or project, or opt for a published vacancy.
  10. 2.10. Once the Freelancer uploads their service to the Platform, it will be published and the companies that find it will be able to contract it directly or contact them beforehand and the Freelancer will send them a proposal.
  11. 2.11. Freelancers will be able to search for and apply to job offers published by the companies that use the Platform.

3. Rules of conduct

  1. 3.1. The Freelancer is solely responsible for all the information, materials, links, comments and other data that they publish on the Platform, and specifically, on their dashboard, whether or not they are directly related to the services and projects that they offer. Likewise, the Freelancer is solely responsible for any damages that may result from these publications. This will apply to any type of content, be it images, texts, videos, sounds, links, etc.
  2. 3.2. As a condition of use, the Freelancer agrees not to use the Platform for purposes that are illegal, illicit or prohibited by this Agreement or for any other purpose outside of Worksible. As examples, although not limited to these, the User agrees not to carry out the following practices:
    1. · Abuse, harass, threaten, impersonate or intimidate any person.
    2. · Post or transmit — or cause to be posted or transmitted — any content that is defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise infringes any copyright or other rights of any person.
    3. · Carry out misleading, illegal or other advertising that causes confusion regarding the services offered and that subsequently does not adjust to reality.
    4. · Distribute all or part of the Platform, the content or any part of the Services in any medium without the prior written consent of Worksible.
    5. · Make offers of professional services and apply to offers with the intention of extracting information, materials or techniques, and in general the know-how or business secrets for your benefit or that of third parties.
    6. · Copy, reproduce, create derivative works from, distribute, transmit, broadcast, display, sell, license or otherwise exploit any content on the Platform for any purpose other than as permitted by this Agreement, without Worksible's prior written consent .
    7. · Access and make use of the Platform for any purpose (including the publication or viewing of Content) prohibited by the laws in force in the place from which the Platform is accessed.
    8. · Posting or transmitting —or causing or encouraging the posting or transmission of— any type of communication or request with the purpose or intention of obtaining any password, account or private information of any of the Worksible users.
    9. · Generate or send unwanted messages or emails or "spam" to any User or URL.
    10. · Create multiple accounts.
    11. · Access or attempt to access any other User's account, falsely state, impersonate, or otherwise misrepresent your identity, including, but not limited to, misrepresenting your affiliations with any person or entity, past or present.
    12. · Transmit your username and password to unauthorized third parties, and must immediately notify Worksible of access by an unauthorized user to the Platform and its services.
    13. · Post content to which you do not own the copyright, except if the author's name is mentioned and a link to the source of such content is included.
    14. · Request, collect or collect personal or other data from any User of the Platform.
    15. · Use any type of robot, "spiders", "scrapers" or any other automated means (not counting RSS feeds) to enter the Platform for any purpose without written permission. You further agree not to (i) do anything that imposes or may impose, in Worksible's sole discretion, a non-excessive or disproportionate load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any of its activities; or (iii) bypass any of the measures we use to prevent or restrict access to the Platform.
    16. · Sell ​​or transfer your profile.
    17. · Use the Platform as a generic image hosting service, such as advertisement, publicity, etc.
  3. 3.3. Worksible reserves the right to veto the Freelancer and the rest of the users of its Platform. It also reserves the right to withdraw any content (among others, comments, messages, avatars, etc.) for the reasons it deems appropriate.
  4. 3.4. Worksible has the right (but not the obligation) to (i) reject or remove any content that, in its opinion, violates this Agreement or is harmful or objectionable or (ii) cancel or prohibit access to the Platform to persons or entities for whatever reason you deem.
  5. 3.5. Only the Freelancer is responsible for their interaction with other users within the Platform. Worksible reserves the right, but has no obligation, to follow up on disputes between Users.

4. Use of the platform

  1. 4.1. By using the Worksible Platform, Worksible grants Freelancer a non-exclusive, non-transferable, non-sublicensable, fully paid, royalty-free license to use the Platform.
  2. 4.2. This license prevents Freelancer from engaging in the activities described below, and Freelancer agrees that failure to comply with any of the following limitations will constitute an infringement of rights:
    1. · You may not sell, license or assign the Platform or any reproduction or modification of the Platform to any person or entity;
    2. · you may not develop, distribute or host any server or software designed to interact with the Platform or redirect or emulate the communications protocols used by Worksible;
    3. · you may not modify the Platform or any part of it;
    4. · You may not copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works of the Platform or any part thereof, or allow or authorize any such activities by any third party;
    5. · You may not develop, distribute or use any third-party programs designed to affect the experience of using the website.
  3. 4.3. Additionally, by using the Platform, the User agrees to:
    1. · Use the Platform diligently, correctly and lawfully, always in compliance with current legislation, morality and good customs, as well as public order.
    2. · Not circumvent, disable, or otherwise interfere with security-related features of the Platform or features that (i) prevent or restrict the use or copying of content; or (ii) apply any limitation to the use of the Platform or access to the services.
    3. · Do not frame the Platform, or place pop-up windows on its pages, or otherwise affect the display of its pages.
    4. · Not knowingly transmit any data or send or submit any content that contains viruses, Trojans, worms, or any other kind of malicious code designed to negatively affect the operation of the Platform, or any computer software or hardware.
    5. · Not to damage, disable, overload or hinder the operation of the Platform (or the network or networks connected to the Platform), or interfere with its use and enjoyment.
    6. · Do not employ reverse engineering techniques and/or decipher, decompile or use any other system intended to discover the source code of Worksible.

5 Intellectual and industrial property

  1. 5.1. Intellectual and industrial property rights of Worksible
    1. 5.1.1. All content displayed on the Platform and especially, videos, designs, drawings, texts, graphics, logos, icons, buttons, software, trade names, brands or any other signs likely to generate intellectual property rights, industrial, to the image itself or any other on intangible assets, are the property of Worksible, or of third parties with whom an agreement has been reached for its legitimate exploitation. Specifically, Worksible has received as many transfers of rights and/or licenses of use necessary for the exploitation of the Platform.
    2. 5.1.2. In no case will it be understood that the access, navigation and use of the Platform and the services by the Freelancer implies a waiver, transmission, license or total or partial transfer of said rights by Worksible. The Freelancer has a license to use the Platform, and specifically, strictly for the services offered.
    3. 5.1.3. Any reference to trademarks or registered trade names, or other distinctive signs, whether owned by Worksible or third-party companies, in which case they are licensed to Worksible for their use and/or exploitation, implies the prohibition of their use without the consent of Worksible or its legitimate owners or licensees. At no time, except prior and express statement to the contrary by Worksible and its legitimate owners or licensees, the access, navigation or use of the Platform and/or its services, confers the User any right over distinctive signs included therein.
    4. 5.1.4. All intellectual and industrial property rights and any others that may fall on the contents, intangible assets and/or services of the Platform are reserved to Worksible and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, make available , transform or distribute, by any means and in any form, the Platform and/or all or part of the content included in the Platform, including, but not limited to, texts, images, trademarks, graphics , logos, buttons, software files, color combinations, as well as the structure, selection, arrangement and presentation of its contents, without prejudice to the rights that third parties may have over any of the elements that make up the content. All this, without prejudice to having the prior, express and written authorization of Worksible or, where appropriate, of the owner of the corresponding rights. Likewise, and for security reasons, it is not allowed to use "frames" or mechanisms that alter or vary the design, original configuration or contents of the Platform.
    5. 5.1.5. None of the content hosted on the Platform may be downloaded, reproduced or used in any other device or place other than the Platform, unless the means for it has been enabled by Worksible.
  2. 5.2. Intellectual and industrial property rights of the User:
    1. 5.2.1. If the Freelancer publishes any type of content through the Platform and specifically in his dashboard, he guarantees: (i) that he has all the rights over them and/or has the necessary authorizations for it (ii) that neither the publication of said content nor the exercise of the licenses granted hereunder will infringe or violate the rights of any third party.
    2. 5.2.2. In this sense, the Freelancer hereby grants a free, non-exclusive, worldwide and unlimited license to Worksible and its affiliates to use, reproduce, distribute, publicly communicate (in all its forms), transform and, in any way, exploit such protected content and/or any other intangible assets uploaded to the Platform, in any medium, modality and/or format, and for any purpose.
    3. 5.2.3. Worksible appreciates the comments and suggestions of the Freelancer about their experience as a User of the Platform. In this sense, the Freelancer authorizes Worksible to publish, disseminate, reproduce, distribute, transmit, include in any type of presentations, brochures, web page, etc., the testimonials made by the Freelancer in any social network or by other means, either spontaneously or upon Worksible's request. In this way, the Freelancer expressly authorizes Worksible, in a non-exclusive, free manner, for everyone and without time limitation, to use said comments and/or testimonials of the User for any purpose (including commercial), including any photograph, image , text and/or video that is part of them, including in the Freelancer's profile, as well as the intellectual, industrial and/or own image property rights related to the Freelancer and their comments and/or testimonials.
  3. 5.3. Notifications for irregular content
    1. 5.3.1. If the Freelancer becomes aware of the existence of any content that is illicit, illegal, contrary to the law, security breach or that could involve an infringement of intellectual property rights, industrial or of any other nature, they must immediately notify Worksible by writing to complaints @worksible.com, so that Worksible can take effective knowledge and adopt the appropriate measures, as soon as possible.

6. Economic terms of the agreement

  1. 6.1. Remuneration of the services offered by the freelancer
    1. 6.1.1. As a consequence of the use of the Platform and therefore, on the occasion of the acceptance of this Agreement, the Freelancer agrees to charge for all the services offered by him and subsequently contracted thanks to his registration and interaction on the Platform, through Stripe; payment gateway in which the Freelancer will have previously included the necessary data to proceed to receive and manage their payments and invoices (see section 2.6 and following).
    2. 6.1.2. The Freelancer may freely set the cost of their services, as well as the currency in which they want to be paid, with a minimum of €5 and no maximum.
    3. 6.1.3. However, the Freelancers will respect free competition at all times and will not agree to set prices among themselves, nor will they carry out any other act that implies deception and/or harm to the rest of the users, Worksible and the community in general.
    4. 6.1.4. In the event that the Freelancer does not comply with any of the assignments or services agreed with the contracting company, there is defective compliance or another type of irregularity reported or noticed by the company, Worksible will block the payment to be received by the Freelancer until the resolution of the controversy or until the reason or the case of force majeure that has caused said situation is clarified.
  2. 6.2. Platform free. The use of the Platform by the Freelancer is completely free.
  3. 6.3. However, in the event that the Freelancer has seen their services contracted by one or more of the companies registered on the Platform, Worksible will be commissioned with a percentage of the Freelancer's monthly billing.
  4. 6.4. The commission percentages provided in favor of Worksible will be the following:
    1. · 15% if the Freelancer's monthly turnover is between €0 and €1.000
    2. · 12% if the Freelancer's monthly turnover is between €1.000 and €2.500
    3. · 8% if the Freelancer's monthly turnover is between €2.500 and €5.000
    4. · 5% if the Freelancer's monthly turnover is greater than €5.000
  5. 6.5. The collection of commissions will also be done through Stripe, specifically using Stripe Connect.

7. Billing and applicable taxes

  1. 7.1. The Freelancer authorizes Worksible, by accepting this Agreement, so that it can issue invoices on its behalf for its services in accordance with the provisions of article 5 of Royal Decree 1619/2012, of November 30, which approves the Regulation that regulates billing obligations (hereinafter, Billing Regulation), according to which the obligation to issue an invoice can be fulfilled by a third party. Therefore, the Freelancer will not have to generate their own invoices.
  2. 7.2. In order for Worksible to issue invoices on behalf of the Freelancer, they must comply with the following obligations based on their territory of residence:
    1. i. Tax resident freelancer in Spain.
    2. · The Freelancer will send to Worksible, through the platform, Form 036 in which their registration in the Census of entrepreneurs, professionals and withholders is recorded.
    3. · In the event that the Freelancer benefits from the reduced retention rate for the start of activity, currently consisting of 7%, the Freelancer must notify Worksible and provide the relevant documentation that justifies said reduction. Otherwise, Worksible will apply the general withholding rate of 15% on account of Personal Income Tax (IRPF) on the tax base of the invoice in which the Freelancer appears as issuer.
    4. · The Freelancer must also communicate to Worksible the type of Value Added Tax (VAT) applicable to the provision of their services, in accordance with current tax legislation.
    5. · The Freelancer will immediately update his data if he changes his tax identification number for VAT purposes.
    6. ii. Freelancer tax resident in the European Union (EU).
    7. · The Freelancer must inform Worksible of their tax identification for intra-community VAT purposes (VAT number) so that they can issue the invoice without Spanish VAT.
    8. · In case of not having a VAT number or being registered in the Registry of Intra-Community Operators (ROI), the Freelancer must communicate the VAT rate that is applicable in their country to the provision of their services. Otherwise, Worksible will not be able to issue invoices on your behalf.
    9. · In order for the Contracting Company to withhold the Freelancer on account of the Non-Resident Income Tax (IRNR), or the corresponding tax, based on the tax base of the invoice in which the Freelancer appears as issuer, it will inform Worksible of the place of residence tax of the recipient of the provision of their services.
    10. a. If the recipient is a company, businessman or professional tax resident in Spain, in order for the Freelancer to be able to withhold the IRNR, the latter must notify:
      1. 1. If you benefit from a lower or null rate, communicating the withholding rate established in the Double Taxation Agreement (CDI) between Spain and the European country, provided that you previously submit a Tax Residence Certificate;
      2. 2. The reduced withholding rate of 19% if there is a CDI between Spain and the Freelancer's European country but the Freelancer does not establish a percentage lower than 19%, provided that the Tax Residence Certificate is previously submitted.
      3. 3. The general withholding rate of 24% if there is no CDI.
    11. b. If the recipient is a company, businessman or professional tax resident outside of Spain, the Freelancer must inform Worksible of the type of withholding and on account of which tax said withholding should be made, if any.
    12. iii. Freelance tax resident in a third territory:
    13. The Freelancer must inform Worksible, if under the regulations of their country of tax residence, the invoices must contain specific data or fields different from those indicated for Freelancers residing in Spain or in another country Member State of the EU, so that Worksible can adapt and, therefore, proceed to carry out the invoice on your behalf correctly.

      Likewise, the Freelancer must inform Worksible about the applicable withholding rate, either IRNR or the current tax of the specific country.
    14. a. If the recipient is a company, businessman or professional tax resident in Spain, in order for the Freelancer to be able to withhold the IRNR, the latter must notify:
      1. 1. If you benefit from a lower or null rate, you must notify the withholding rate established in the Double Taxation Agreement (CDI) between Spain and the country in question, provided that you previously submit a Tax Residence Certificate.
      2. 2. The general withholding rate of 24% if there is no CDI.
    15. b. If the recipient is a company, businessman or professional who is a tax resident outside of Spain, the Freelancer must inform about the type of withholding and on account of what tax (if any), so that Worksible can record such data on the invoice. In this case, the Freelancer (if any) must attend the CDI concluded between his country of residence and that of the recipient of his services.
  3. 7.3. In the case of the Freelancers defined in subsections II and III, it will be mandatory for both to send Worksible their Tax Residence Certificate issued by the tax authorities of their country to effectively carry out the issuance of invoices and the withholdings of IRNR that exist.
  4. 7.4. At all times the Freelancer will appear as the issuer of the invoice.
  5. 7.5. Worksible will provide a copy of each invoice issued to the Freelancer, who must examine it and, if nothing is communicated to Worksible within ten (10) calendar days from its date of issue, the Freelancer will be deemed to accept it as correct.
  6. 7.6. The amounts to be received by the Freelancer, once the commission that Worksible corresponds to as an intermediary has been deducted, will be received through the Stripe platform, without prejudice to the period for reviewing the invoice established in the previous clause.
  7. 7.7. In any case, the Freelancer will be solely responsible for complying with their tax and social security obligations in their respective country, regarding the invoices issued by Worksible on their behalf.
  8. 7.8. The amount charged by Worksible to the Freelancer, as a commission for providing intermediation services, will be understood as VAT included.
  9. 7.9. Worksible reserves the right to temporarily or permanently suspend the condition and activity of the Freelancer if incidents of a tax nature arise, in which it has official notification from the bodies involved of the Freelancer's non-compliance with its tax obligations.

8. responsibilities

  1. 8.1. Worksible Responsibility
    1. 8.1.1. Worksible does not control the content and therefore the offers published by Freelancers. And, consequently, we do not guarantee its veracity, integrity or quality.
    2. 8.1.2. Worksible, in its capacity as intermediary, does not provide any type of legal, employment, tax or other type of recommendation or advice. Before deciding whether or not to accept certain offers, the Freelancer must obtain appropriate and specific professional advice.
    3. 8.1.3. Any decisions or actions to order work, provision of services or of any other type that are adopted by the Freelancer, will be at their sole risk and responsibility.
    4. 8.1.4. The registration, access and use of the Worksible Platform and its functionalities does not guarantee the contracting of the Freelancer services by the user companies nor does it imply an increase in business possibilities.
    5. 8.1.5. Neither Worksible nor any of its partners or collaborators will be responsible for any damage, loss or damage, whether direct, indirect, or for the loss of opportunities, benefits, contracts, loss of data, cost of recovering said data, or the lack of accuracy, usefulness or incorrectness of the information and/or content received by the user.
    6. 8.1.6. Worksible will not be in charge or, therefore, responsible for providing the necessary means so that the Freelancer can carry out the work offered on the Platform. Nor will it pay all or part of the expenses related to production, machinery, subcontracted professionals, etc.
    7. 8.1.7. Worksible is also not responsible for possible conflicts that may arise between the parties, nor will it have the obligation to intervene as a mediator or intermediary in the resolution of the dispute.
    8. 8.1.8. The Platform and its content and services are provided to you "as is" and we make no warranties or representations with respect to them.
    9. 8.1.9. To the extent permitted by applicable law, Worksible will not assume any liability with respect to the use of the Platform. We do not accept any liability for any direct, indirect, incidental, consequential or economic loss, or any other loss, however caused, arising out of or in connection with this Agreement. This includes (without limitation):
      1. · any loss of profits (directly or indirectly);
      2. · any loss of goodwill; Y
      3. · any opportunity loss.
    10. 8.1.10. Although we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Platform, we do not accept any responsibility for them.
    11. 8.1.11. We do not represent or warrant that the operation of this Platform will be timely, secure, uninterrupted, or error-free, and we disclaim any liability in this regard to the extent permitted by law.
    12. 8.1.12. We reserve the right to suspend the use and access to the Platform and all its services at any time for operational, regulatory, legal or other reasons.
  2. 8.2 Freelancer Responsibility
    1. 8.2.1. The Freelancer is solely responsible for the control over the content they publish and, therefore, for the services they offer and for the work experience and training that they indicate when applying for a job vacancy through the Platform. Consequently, he is also responsible for all of it, for its quality and integrity.
    2. 8.2.2. The Freelancer is totally free when it comes to accepting or rejecting the services that are entrusted to him and the job offers to which he has opted. And for this reason, he will also be solely responsible for the correct execution of the assignment, the provision of a service or the good performance of an activity within the framework of an employment relationship when he has previously accepted them.
    3. 8.2.3. If the execution or performance of the work or the service carried out by the Freelancer results in damages, economic losses, loss of data, profits or of any other nature and/or damage (whether direct, indirect) at no time will may hold Worksible or any of its partners or collaborators liable.
    4. 8.2.4. The Freelancer will not have the right or be able to demand responsibility from Worksible or any of its collaborators or partners, if at the time of the provision of the service or the work, the Freelancer does not have the adequate means for its execution, and, therefore, frustrate the order or service that has been contracted.
    5. 8.2.5. Worksible will not be responsible for the fact that the Freelancer does not have sufficient or expected professional and training experience to perform the work for which he has been hired by the Company, and this motivates a possible dismissal by the Company or the failure to pass a trial period.
    6. 8.2.6. The Freelancer may not demand from Worksible or any of its collaborators or partners, responsibilities regarding the working conditions or provision of services provided by the companies that have hired them. Worksible may be informed about the situation, but in case of claiming responsibilities, it must go to the competent conflict resolution channel in the matter. Worksible reserves the right, but shall not be obligated, to investigate and follow up on the matter.
    7. 8.2.7. Ultimately and under the acceptance of these conditions, the Freelancer recognizes the intervention of Worksible only as an intermediary of the services thanks to the provision of its Platform, as well as the preparation of invoices on behalf of the Freelancer and the administration of payments as long as they occur through Stripe in the Worksible Platform environment.
    8. 8.2.8. Therefore, for the rights and obligations agreed between the Freelancer and the Company, as well as the applicable regulations and the competent conflict resolution bodies, whether judicial or extrajudicial, only the parties are responsible.

9. Termination

  1. 9.1. Worksible may suspend the Freelancer's access to all or parts of the Platform at any time and without reason, immediately
  2. 9.2. Specifically, Worksible will terminate, from time to time, accounts that repeatedly violate the terms of this Agreement.
  3. 9.3. The Freelancer can stop using the Platform at any time. You can also delete your account from the account settings. After you delete it, Worksible will delete your profile and information and activity related to you, such as services, offers, posts, images, although it may not happen immediately. Worksible cannot delete your order, message, payment, and activity log information, but it will remove your name and your profile will be unlinked from all activity.
  4. 9.4. The elimination or temporary suspension of the Freelancer's account will not affect in any case the contracts made or the agreements that have been signed between the Company and the Freelancer, unless expressly agreed between said parties.

10. Overwhelming force

  1. 10.1. If either Freelancer or Worksible is delayed or prevented in the performance of any of its obligations under this Agreement, by an event, circumstance or cause beyond its reasonable control which, by its nature, could not have been foreseen or , if it was foreseeable, it was unavoidable (case of force majeure), then, notwithstanding the foregoing, the affected party will not be liable to the other Party nor will it be in default for the delay or impediment in the fulfillment of any of its obligations in under this agreement and the term for the fulfillment of the affected obligation will be extended for the period that is reasonable to allow the party, using all reasonable efforts, to fulfill that obligation.
  2. 10.2. In case of force majeure, the affected party must:
    1. · take all necessary measures to prevent and avoid the event of force majeure;
    2. · carry out its obligations to the best level reasonably achievable in the circumstances of the force majeure event;
    3. · take all necessary steps to overcome and mitigate the effects of the Force Majeure Event as soon as reasonably possible, including actively managing any problems caused or contributed to by third parties and liaising with them;
    4. · as soon as you become aware of the force majeure event, you will promptly notify the other party that something constituting a force majeure event has occurred, giving details of the force majeure event, together with a reasonable estimate of the period for which the event will continue force majeure; and
    5. · informing the party does not affect when the circumstance of force majeure has ceased.

11. Compensation

  1. 11.1. The Freelancer agrees to defend, hold harmless and indemnify Worksible and the users of the Platform, against any claim, action or demand of third parties arising from or otherwise related to its use of the Platform, including any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, lawsuits, litigation costs and attorney fees of any kind and nature. In such event, Worksible or the relevant Platform Freelancer will provide you with written notice of such claim, suit or action.

12. Confidentiality and data protection

  1. 12.1. Confidentiality.. Each party must:
    1. · not disclose any Confidential Information, except on a need-to-know basis, to its legal advisors, consultants or financial advisers, provided that they are subject to confidentiality obligations no less onerous than those in this section;
    2. · not to use the Confidential Information of the other Party solely for the performance of its obligations under this Agreement, including not to copy, reproduce or reduce to writing any material part of the Confidential Information, except to the extent reasonably necessary under this Agreement
    3. · upon request, return or destroy the Confidential Information of the other party, unless prohibited by Applicable Law;
    4. · inform the other party immediately if any breach of these provisions (accidental or not) has occurred.
    5. 12.1.1. The parties will be responsible for the disclosure of any Confidential Information made by their collaborators or other agents.
    6. 12.1.2. Nothing in this Agreement shall prevent a Party from disclosing Confidential Information except:
      1. · to the extent such Party is required to do so to any court, tribunal, arbitrator, or governmental or regulatory authority of competent jurisdiction to which either Party is subject. When this occurs, the party in question will immediately notify the other of the request (when permitted by Applicable Law); Y
      2. · that such information becomes public domain, other than by breach of this Agreement by the Party receiving the Confidential Information.
  2. 12.2. Data Protection. In this clause, "Data Protection Legislation" means, as applicable and binding on each party (i) the EU General Data Protection Regulation, (ii) Regulation (EU) 2016/679 (GDPR (iii) EU Directive 2002/58/EC (Privacy and Electronic Communications Directive), (iv) and/or any applicable or equivalent national law or regulation; and (v) any applicable law that supersedes, modifies, expands, re-enacts, strengthens or implements any of the foregoing Data Protection Laws from time to time (whether before or after the date of this agreement). The terms "personal data", "violation of personal data", "treatment", "responsible for treatment", "in charge of treatment", "co-responsible for treatment", "interested party" and "control authority" will have the meaning established in Data Protection Laws.
    1. 12.2.1. The parties acknowledge that, with respect to personal data that may be processed and shared between the parties under the agreement, each party independently determines its own purposes and means for the processing of such personal data and, unless the parties otherwise agree, each party is an independent controller of personal data.
    2. 12.2.2. Each party will ensure that it complies at all times with all obligations imposed on a controller under data protection laws in relation to the processing of personal data under the agreement.
    3. 12.2.3. Without prejudice to the generality of the preceding clause, each party shall:
      1. · be responsible for providing individuals with appropriate notifications and transparency regarding the processing of their personal data as required by Data Protection legislation;
      2. · ensure that you have all necessary notices and consents to enable the lawful transfer of personal data to the other party if required in connection with the agreement; Y
      3. · apply appropriate technical and organizational measures to protect such personal data against unauthorized and unlawful processing and against accidental loss, destruction, disclosure, damage or alteration, including the application of appropriate information security processes that comply with the standards internationally recognized industry.
    4. 12.2.4. Unless the parties agree otherwise in writing, each of them, to the extent that it is personal data shared and processed under this agreement, when the parties act as independent data controllers:
      1. · promptly notify the other in writing providing reasonable details of any complaint, audit, investigation or inquiry (whether by a supervisory authority, a data subject or otherwise) that establishes, alleges or inquires about the possible breach of data protection laws, and the parties will reasonably cooperate with each other in this regard;
      2. · notify the other party, without undue delay, of knowledge of any actual or suspected personal data breach involving personal data received from the other party, and provide a reasonably detailed description of the breach. If the party experiencing the breach is required under data protection laws to provide (i) notice to public authorities, individuals or other persons, or (ii) take other corrective action (including without limitation, notification, credit monitoring services, or the establishment of a call center to respond to inquiries (each of the foregoing, a "Corrective Action"), shall not include in such Corrective Action any mention of the another party without your prior written approval, except where required by applicable law.
      3. · Neither party will transfer personal data provided by the other party outside the EEA, unless authorized by the other party. Any such transfer of data will be subject to an appropriate transfer mechanism (such as EU standard contractual clauses, as applicable) as agreed by the parties.
    5. 12.2.5. For more information about the processing of data carried out by Worksible, you can consult the Privacy Policy and Cookie Policy configured for this purpose.

13. Miscellaneous

  1. 13.1. Modification. Worksible reserves the right to modify or replace any part of this Agreement. It is your responsibility to review them periodically to identify changes. Worksible will notify Users of the modification of this Agreement at least 15 days before the date on which the modification becomes effective. Your navigation within the Platform after the publication of the changes will imply acceptance of them.
  2. 13.2. Additionally, Worksible may include new services or features in the future. If applicable, such services or functions will be subject to the terms and conditions specified in this Agreement.
  3. 13.3. Assignment. Neither party may transfer and assign its rights and obligations under this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, Worksible may transfer and assign its rights under this Agreement without the consent of the other party in connection with a change of control, acquisition or sale of all or substantially all of its assets.
  4. 13.4. Resignation. The failure of Worksible to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
  5. 13.5. Partial nullity. If one or more stipulations of this Agreement are considered invalid or declared as such in application of a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.

14. Applicable law and jurisdiction

  1. 14.1. All disputes arising from this Agreement or related to it - including any question regarding its existence, validity, termination, interpretation or execution - will be submitted to the jurisdiction of the Courts and Tribunals of Madrid for the resolution of the conflict or question.
  2. 14.2. Notwithstanding the foregoing, the parties undertake to make their best efforts to resolve said disputes amicably and in good faith, before resorting to the competent jurisdictional bodies.

Terms and conditions for companies

LAST CHANGE: 29/04/2022

ACCEPTANCE AND CONSENT. BY CREATING AN ACCOUNT, THE USER (HEREINAFTER, THE COMPANY) EXPRESSES HAVING ACKNOWLEDGED, UNDERSTOOD, ACCEPTED AND BEING BOUND BY THE FOLLOWING CONDITIONS AND TERMS (HEREINAFTER, AGREEMENT), AS WELL AS ANY OTHER TERMS INCLUDED HEREIN EXPRESSLY OR BY REFERENCE . WITHOUT LIMITATION OF THE FOREGOING. THE ENTIRE AGREEMENT BETWEEN WORKSIBLE, SL (HEREINAFTER WORSIBLE) AND THE COMPANY CONSISTS OF: (I) THESE TERMS APPLICABLE TO THE COMPANIES; (II) THE END USER LICENSE AGREEMENT (EULA); (III) THE TERMS OF INTERMEDIATION; AS WELL AS (IV) ANY ANNEX OR DOCUMENT INCORPORATED BY REFERENCE OR ATTACHMENT.

1. Objective and scope

This Agreement regulates the relationship between Worksible, SL (hereinafter, "Worksible") and the User with the category of Company (hereinafter, "Company" or "User/s"), for which Worksible will allow access to its Platform, through which Worksible provides the following services: (i) company page creation service through which you can request and search for services and offer vacancies (hereinafter, “marketplace services”) (ii) service of communication and interaction with other users through direct messages, publications and viewing of their profiles (“social network”) (iii) collection and billing organization and management services (“management services").

2. Access and operation of the platform

  1. 2.1. The Company must register on the Platform to have access to the different services and functionalities offered on it.
  2. 2.2. Said registration must be made from the following link, filling in data about your company, full name, username, email, telephone and password. To continue you will have to accept the terms and conditions (EULA).
  3. 2.3. As a username you may not use the name of another person or entity over which you do not have rights, nor any name or brand whose rights belong to another person or entity unless you have the proper authorization, nor a name that confuses to the rest of the users and leads them to think that the Company is another; or any that is offensive, vulgar or obscene. In general, no denomination may be used that goes against the law, morality and good customs.
  4. 2.4. Once the User registers, he must indicate to which category he belongs. After you have indicated "Company", you will be asked to verify your email.
  5. 2.5. Once the email is verified, you can access the "company page", where you fill in the personal information of the KYC that redirects you, in turn, to Stripe's KYC.
  6. 2.6. Subsequently, the Company must add its bank account number and its billing information, as well as that it agrees to the billing of the services it contracts by a third party (that is, by Worksible).
  7. 2.7. With the above steps duly completed, the Company can begin to complete its profile by uploading a description of its business, the number of workers, etc.
  8. 2.8. Only when you complete your profile, and it is published, can the Company start searching for the services offered on the platform.
  9. 2.9. Companies may also publish job vacancies.

3. Rules of conduct

  1. 3.1. The Company is solely responsible for all the information, materials, links, comments and other data that it publishes on the Platform, and specifically, on its company page, whether or not it is directly related to the services it requests and the vacancies it offers. Likewise, the Company is solely responsible for any damages that may result from these publications. This will apply to any type of content, be it images, texts, videos, sounds, links, etc.
  2. 3.2. As a condition of use, the Company agrees not to use the Platform for purposes that are illegal, unlawful, or prohibited by this Agreement or for any other purpose outside of Worksible. As examples, although not limited to these, the User agrees not to carry out the following practices:
    1. · Abuse, harass, threaten, impersonate or intimidate any person.
    2. · Post or transmit — or cause to be posted or transmitted — any content that is defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise infringes any copyright or other rights of any person.
    3. · Carry out misleading, illegal or other advertising that causes confusion regarding the services offered and that subsequently does not adjust to reality.
    4. · Distribute all or part of the Platform, the content or any part of the Services in any medium without the prior written consent of Worksible.
    5. · Make offers of professional services and apply to offers with the intention of extracting information, materials or techniques, and in general the know-how or business secrets for your benefit or that of third parties.
    6. · Copy, reproduce, create derivative works from, distribute, transmit, broadcast, display, sell, license or otherwise exploit any content on the Platform for any purpose other than as permitted by this Agreement, without Worksible's prior written consent .
    7. · Access and make use of the Platform for any purpose (including the publication or viewing of Content) prohibited by the laws in force in the place from which the Platform is accessed.
    8. · Posting or transmitting —or causing or encouraging the posting or transmission of— any type of communication or request with the purpose or intention of obtaining any password, account or private information of any of the Worksible users.
    9. · Generate or send unwanted messages or emails or "spam" to any User or URL.
    10. · Create multiple accounts.
    11. · Access or attempt to access any other User's account, falsely state, impersonate, or otherwise misrepresent your identity, including, but not limited to, misrepresenting your affiliations with any person or entity, past or present.
    12. · Transmit your username and password to unauthorized third parties, and must immediately notify Worksible of access by an unauthorized user to the Platform and its services.
    13. · Post content to which you do not own the copyright, except if the author's name is mentioned and a link to the source of such content is included.
    14. · Request, collect or collect personal or other data from any User of the Platform.
    15. · Use any type of robot, "spiders", "scrapers" or any other automated means (not counting RSS feeds) to enter the Platform for any purpose without written permission. You further agree not to (i) do anything that imposes or may impose, in Worksible's sole discretion, a non-excessive or disproportionate load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any of its activities; or (iii) bypass any of the measures we use to prevent or restrict access to the Platform.
    16. · Sell ​​or transfer your profile.
    17. · Use the Platform as a generic image hosting service, such as advertisement, publicity, etc.
  3. 3.3. Worksible reserves the right to veto the Company and the rest of the users of its Platform. It also reserves the right to withdraw any content (among others, exercises, comments, messages, avatars, etc.) for the reasons it deems appropriate.
  4. 3.4. Worksible has the right (but not the obligation) to (i) reject or remove any content that, in its opinion, violates this Agreement or is harmful or objectionable or (ii) cancel or prohibit access to the Platform to persons or entities for whatever reason you deem.
  5. 3.5. The Company alone is responsible for your interaction with other users within the Platform. Worksible reserves the right, but has no obligation, to follow up on disputes between Users.

4. Use of the platform

  1. 4.1. By using the Worksible Platform, Worksible grants Company a non-exclusive, non-transferable, non-sublicensable, fully paid, royalty-free license to use the Platform.
  2. 4.2. This license prevents the company from carrying out the activities described below, and the company agrees that the violation of any of the following limitations will constitute an infringement of rights:
    1. · You may not sell, license or assign the Platform or any reproduction or modification of the Platform to any person or entity;
    2. · you may not develop, distribute or host any server or software designed to interact with the Platform or redirect or emulate the communications protocols used by Worksible;
    3. · you may not modify the Platform or any part of it;
    4. · You may not copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works of the Platform or any part thereof, or allow or authorize any such activities by any third party;
    5. · You may not develop, distribute or use any third-party programs designed to affect the experience of using the website.
  3. 4.3. Additionally, by using the Platform, the User agrees to:
    1. · Use the Platform diligently, correctly and lawfully, always in compliance with current legislation, morality and good customs, as well as public order.
    2. · Not circumvent, disable, or otherwise interfere with security-related features of the Platform or features that (i) prevent or restrict the use or copying of content; or (ii) apply any limitation to the use of the Platform or access to the services.
    3. · Do not frame the Platform, or place pop-up windows on its pages, or otherwise affect the display of its pages.
    4. · Not knowingly transmit any data or send or submit any content that contains viruses, Trojans, worms, or any other kind of malicious code designed to negatively affect the operation of the Platform, or any computer software or hardware.
    5. · Not to damage, disable, overload or hinder the operation of the Platform (or the network or networks connected to the Platform), or interfere with its use and enjoyment.
    6. · Do not employ reverse engineering techniques and/or decipher, decompile or use any other system intended to discover the source code of Worksible.

5 Intellectual and industrial property

  1. 5.1. Intellectual and industrial property rights of Worksible
    1. 5.1.1. All content displayed on the Platform and especially, videos, designs, drawings, texts, graphics, logos, icons, buttons, software, trade names, brands or any other signs likely to generate intellectual property rights, industrial, to the image itself or any other on intangible assets, are the property of Worksible, or of third parties with whom an agreement has been reached for its legitimate exploitation. Specifically, Worksible has received as many transfers of rights and/or licenses of use necessary for the exploitation of the Platform.
    2. 5.1.2. In no case will it be understood that the access, navigation and use of the Platform and the services by the Company implies a waiver, transmission, license or total or partial transfer of said rights by Worksible. The Company has a license to use the Platform, and specifically, strictly for the services offered.
    3. 5.1.3. Any reference to trademarks or registered trade names, or other distinctive signs, whether owned by Worksible or third-party companies, in which case they are licensed to Worksible for their use and/or exploitation, implies the prohibition of their use without the consent of Worksible or its legitimate owners or licensees. At no time, except prior and express statement to the contrary by Worksible and its legitimate owners or licensees, the access, navigation or use of the Platform and/or its services, confers the User any right over distinctive signs included therein.
    4. 5.1.4. All intellectual and industrial property rights and any others that may fall on the contents, intangible assets and/or services of the Platform are reserved to Worksible and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, make available , transform or distribute, by any means and in any form, the Platform and/or all or part of the content included in the Platform, including, but not limited to, texts, images, trademarks, graphics , logos, buttons, software files, color combinations, as well as the structure, selection, arrangement and presentation of its contents, without prejudice to the rights that third parties may have over any of the elements that make up the content. All this, without prejudice to having the prior, express and written authorization of Worksible or, where appropriate, of the owner of the corresponding rights. Likewise, and for security reasons, it is not allowed to use "frames" or mechanisms that alter or vary the design, original configuration or contents of the Platform.
    5. 5.1.5. None of the content hosted on the Platform may be downloaded, reproduced or used in any other device or place other than the Platform, unless the means for it has been enabled by Worksible.
  2. 5.2. Intellectual and industrial property rights of the Company:
    1. 5.2.1. If the Company publishes any type of content through the Platform and specifically on its company page, it guarantees: (i) that it has all the rights over them and/or has the necessary authorizations for it (ii) that neither the publication of such content nor the exercise of the licenses granted hereunder will infringe or violate the rights of any third party.
    2. 5.2.2. In this sense, the Company hereby grants a free, non-exclusive, worldwide and unlimited license to Worksible and its affiliates to use, reproduce, distribute, publicly communicate (in all its forms), transform and, in any way, exploit such protected content and/or any other intangible assets uploaded to the Platform, in any medium, modality and/or format, and for any purpose.
    3. 5.2.3. Worksible appreciates the Company's comments and suggestions regarding your experience as a user of the Platform. In this sense, the Company authorizes Worksible to publish, disseminate, reproduce, distribute, transmit, include in any type of presentations, brochures, web page, etc., the testimonials made by the Company in any social network or by other means, either spontaneously or upon Worksible's request. In this way, the Company expressly authorizes Worksible, in a non-exclusive, free manner, for everyone and without time limitation, to use said comments and/or testimonials of the User for any purpose (including commercial), including any photograph, image , text and/or video that is part of them, including in the profile/page of the Company, as well as the intellectual, industrial and/or image property rights related to the Company and its comments and/or testimonials.
  3. 5.3. Notifications for irregular content
    1. 5.3.1. If the Company becomes aware of the existence of any content that is illicit, illegal, contrary to the law, breach of security or that could imply an infringement of intellectual property rights, industrial or of any other nature, it must immediately notify Worksible by writing to complaints @worksible.com, so that Worksible can take effective knowledge and adopt the appropriate measures, as soon as possible.

6. Economic terms of the agreement

  1. 6.1. Payment of the services contracted by the Company
    1. 6.1.1. As a consequence of the use of the Platform and therefore, by reason of the acceptance of this Agreement, the Company agrees to pay for all contracted services, through Stripe; payment gateway in which the Company will have previously included the necessary data to receive and manage its payments and invoices (see section 2.5 and following).
    2. 6.1.2. The companies will be able to contact the user to whom they want to contract their services prior to paying for them and negotiate the economic terms and conditions (among others) respecting at all times free competition and the applicable and current competition regulations. at the time.
    3. 6.1.3. The Company must adapt the payment of the services to the currency in which they have been offered.
    4. 6.1.4. In the event that the Company does not comply with any of the agreed payments, there is defective compliance or another type of irregularity reported or noticed by the contracted user, Worksible reserves the right to intervene in the dispute and block the payment until the resolution of the controversy or until the reason or the case of force majeure that has caused said situation is clarified.
  2. 6.2. Platform free. The use of the Platform by the Company to search for and request services is completely free.
  3. 6.3. However, for cases in which the Company has contracted any of the services published by users on the Platform, Worksible will be commissioned with 4% (VAT included) on the amount that corresponds to the Taxable Base of the invoice. of the freelancer.


  4. The publication of job vacancies by the Company will only be free the first time for selected companies. As of the second publication, the Company must choose between the plans that allow it to execute said functionality on the Platform. Each of them offers different functionalities, benefits and prices. All this can be easily consulted at the time of selection. The different prices will be reflected with VAT included and whose payment must be made through the Stripe platform.

7 Billing

  1. 7.1. Once the services of the Freelancers are contracted, the Contracting Company will receive two (2) invoices:
    1. · Invoice nº1: Issued by Worksible on behalf of the Freelancer who provides the specific service. The Freelancer will appear at all times as the issuer of the invoice;
    2. · Invoice nº2: Invoice issued by Worksible, for the provision of its intermediation services, of 4% (VAT included) on the amount that corresponds to the Taxable Base of the Freelancer's invoice.
  2. 7.2. In the event that the Company is a tax resident in Spain, it must provide its NIF to Worksible. Otherwise, you must inform about your VAT Number (if you are a tax resident in the European Union) or Identification Number of the country in which you reside for tax purposes (if you are not a Member State of the European Union).

    All this so that Worksible can enter said fiscal identifiers in both types of invoice.
  3. 7.3. The amounts to be paid by the Company will be paid through the Stripe platform. In any case, the Company will be solely responsible for compliance with its tax obligations in its respective country, through the invoices issued by Worksible.
  4. 7.4. Worksible reserves the right to temporarily or permanently suspend the condition and activity of the Company if incidents of a fiscal nature arise, in which it receives official notification from the bodies involved of the affiliate's non-compliance with its fiscal obligations.

8. responsibilities

  1. 8.1. Worksible Responsibility
    1. 8.1.1. Worksible does not control the content posted by its users and, therefore, we do not guarantee its accuracy, integrity or quality.
    2. 8.1.2. Worksible, in its capacity as intermediary, does not provide any kind of legal, employment, tax or other type of recommendation or advice. Before deciding whether or not to contract certain services of the Freelancers, or incorporate them into its staff in the manner that is legally provided, the Company must obtain adequate and specific professional advice.
    3. 8.1.3. Any decisions, hiring actions or of any other type that are adopted by the Company, will be of its exclusive account and risk.
    4. 8.1.4. Registration and access to the Worksible Platform does not guarantee that, through the Platform, you will find the services you are looking for or the coverage of the vacancies that are offered.
    5. 8.1.5. Neither Worksible nor any of its partners or collaborators will be responsible for any damage, loss or damage, whether direct, indirect, or for the loss of opportunities, benefits, contracts, loss of data, cost of recovering said data, or the lack of accuracy, usefulness or incorrectness of the information and/or content received by the user.
    6. 8.1.6. Worksible will not be responsible for providing the necessary means for the Company to develop its business nor will it guarantee that the users of the Platform and subsequently hired conform to the personal, professional and academic profiles required by them.
    7. 8.1.7. Worksible is also not responsible for possible conflicts that may arise between the parties, nor will it have the obligation to intervene as a mediator or intermediary in the resolution of the dispute.
    8. 8.1.8. The Platform and its content and services are provided to you "as is" and we make no warranties or representations with respect to them.
    9. 8.1.9. To the extent permitted by applicable law, Worksible will not assume any liability with respect to the use of the Platform. We do not accept any liability for any direct, indirect, incidental, consequential or economic loss, or any other loss, however caused, arising out of or in connection with this Agreement. This includes (without limitation):
      1. · any loss of profits (directly or indirectly);
      2. · any loss of goodwill; Y
      3. · any opportunity loss.
    10. 8.1.10. Although we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Platform, we do not accept any responsibility for them.
    11. 8.1.11. We do not represent or warrant that the operation of this Platform will be timely, secure, uninterrupted, or error-free, and we disclaim any liability in this regard to the extent permitted by law.
    12. 8.1.12. We reserve the right to suspend the use and access to the Platform and all its services at any time for operational, regulatory, legal or other reasons.
  2. 8.2 Company Responsibility
    1. 8.2.1. The Company is solely responsible for controlling the content it publishes and, therefore, for the vacancies it offers and the services it requests through Worksible. Consequently, it is also responsible for their veracity, quality and integrity.
    2. 8.2.2. The Company is totally free when it comes to negotiating with the Freelancer and, therefore, accepting or rejecting the services that are offered and therefore, it will also be solely responsible for correctly specifying the object of the assignment or the provision of services agreed in case of acceptance of the Freelancer's budget.
    3. 8.2.3. If the execution of the work or the service carried out by the Freelancer, and which has been previously contracted by the Company, results in damages, economic losses, loss of data, profits or of any other nature and/or damage (either direct, indirect) at no time can Worksible or any of its partners or collaborators be held responsible.
    4. 8.2.4. Regarding the two previous points, Worksible is also not responsible for the Freelancer's actions and, therefore, for the performance of their work when the Company has hired them within the framework of an employment relationship through a job vacancy publication on the Platform. .
    5. 8.2.5. Worksible will not be responsible for the fact that the Freelancer does not have sufficient and/or expected professional and training experience to carry out the work for which they have been hired by the Company, and this motivates a possible dismissal by the Company or failure to pass of a trial period.
    6. 8.2.6. The Company will not have the right nor will it be able to demand responsibility from Worksible or any of its collaborators or partners, if at the time of the provision of the service or work, the Freelancer does not have the adequate means for its execution, and therefore, is frustrated the order or service that has been contracted.
    7. 8.2.7. In the event of a conflict with the Freelancer, whether due to their services or the employment relationship that unites them with the Company, the Company may not demand Worksible or any of its collaborators or partners to be responsible and/or to resolve it. Worksible may be informed about the situation, but in case of claiming responsibilities, it must go to the competent conflict resolution channel in the matter. Worksible reserves the right, but shall not be obligated, to investigate and follow up on the matter.
    8. 8.2.8. Ultimately and under the acceptance of these conditions, the Freelancer recognizes the intervention of Worksible only as an intermediary of the services thanks to the provision of its Platform, as well as the preparation of invoices on behalf of the Freelancer and Worksible and of the administration of payments as long as they occur through Stripe in the environment of the Worksible Platform.
    9. 8.2.9. Therefore, for the rights and obligations agreed between the Freelancer and the Company, as well as the applicable regulations and the competent conflict resolution bodies, whether judicial or extrajudicial, only the parties are responsible.

9. Termination

  1. 9.1. Worksible may suspend Company's access to all or parts of the Platform at any time and without reason, immediately.
  2. 9.2. Specifically, Worksible will terminate, where appropriate, the accounts of Platform users who repeatedly violate the terms of this Agreement.
  3. 9.3. The Company may stop using the Platform at any time. You can also delete your account from the account settings. After you delete it, Worksible will delete your profile and information and activity displayed on your company page, although this may not happen immediately. Worksible cannot delete your order, message, payment, and activity log information, but it will remove your name and your profile will be unlinked from all activity.
  4. 9.4. The elimination or temporary suspension of the Company's account will not affect in any case the contracts made or the agreements that have been signed between the Company and the Freelancer, unless expressly agreed between said parties.

10. Overwhelming force

  1. 10.1. If either Company or Worksible is delayed or prevented from performing any of its obligations under this Agreement by an event, circumstance or cause beyond its reasonable control which, by its nature, could not have been foreseen or , if it was foreseeable, it was unavoidable (case of force majeure), then, notwithstanding the foregoing, the affected party will not be liable to the other Party nor will it be in default for the delay or impediment in the fulfillment of any of its obligations in under this agreement and the term for the fulfillment of the affected obligation will be extended for the period that is reasonable to allow the party, using all reasonable efforts, to fulfill that obligation.
  2. 10.2. In case of force majeure, the affected party must:
    1. · take all necessary measures to prevent and avoid the event of force majeure;
    2. · carry out its obligations to the best level reasonably achievable in the circumstances of the force majeure event;
    3. · take all necessary steps to overcome and mitigate the effects of the Force Majeure Event as soon as reasonably possible, including actively managing any problems caused or contributed to by third parties and liaising with them;
    4. · as soon as you become aware of the force majeure event, you will promptly notify the other party that something constituting a force majeure event has occurred, giving details of the force majeure event, together with a reasonable estimate of the period for which the event will continue force majeure; and
    5. · informing the party does not affect when the circumstance of force majeure has ceased.

11. Higher indemnity

  1. 11.1. The Company agrees to defend, hold harmless and indemnify Worksible and the users of the Platform, against any claim, action or demand of third parties arising from or otherwise related to its use of the Platform, including any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, lawsuits, litigation costs and attorney fees of any kind and nature. In such event, Worksible or the relevant Platform user will provide you with written notice of such claim, demand or action.

12. Confidentiality and data protection

  1. 12.1. Confidentiality.. Each party must:
    1. · not disclose any Confidential Information, except on a need-to-know basis, to its legal advisors, consultants or financial advisers, provided that they are subject to confidentiality obligations no less onerous than those in this section;
    2. · not to use the Confidential Information of the other Party solely for the performance of its obligations under this Agreement, including not to copy, reproduce or reduce to writing any material part of the Confidential Information, except to the extent reasonably necessary under this Agreement
    3. · upon request, return or destroy the Confidential Information of the other party, unless prohibited by Applicable Law;
    4. · inform the other party immediately if any breach of these provisions (accidental or not) has occurred.
    5. 12.1.1. The parties will be responsible for the disclosure of any Confidential Information made by their collaborators or other agents.
    6. 12.1.2. Nothing in this Agreement shall prevent a Party from disclosing Confidential Information except:
      1. · to the extent such Party is required to do so to any court, tribunal, arbitrator, or governmental or regulatory authority of competent jurisdiction to which either Party is subject. When this occurs, the party in question will immediately notify the other of the request (when permitted by Applicable Law); Y
      2. · that such information becomes public domain, other than by breach of this Agreement by the Party receiving the Confidential Information.
  2. 12.2. Data Protection. In this clause, "Data Protection Legislation" means, as applicable and binding on each party (i) the EU General Data Protection Regulation, (ii) Regulation (EU) 2016/679 (GDPR (iii) EU Directive 2002/58/EC (Privacy and Electronic Communications Directive), (iv) and/or any applicable or equivalent national law or regulation; and (v) any applicable law that supersedes, modifies, expands, re-enacts, strengthens or implements any of the foregoing Data Protection Laws from time to time (whether before or after the date of this agreement). The terms "personal data", "violation of personal data", "treatment", "responsible for treatment", "in charge of treatment", "co-responsible for treatment", "interested party" and "control authority" will have the meaning established in Data Protection Laws.
    1. 12.2.1. The parties acknowledge that, with respect to personal data that may be processed and shared between the parties under the agreement, each party independently determines its own purposes and means for the processing of such personal data and, unless the parties otherwise agree, each party is an independent controller of personal data.
    2. 12.2.2. Each party will ensure that it complies at all times with all obligations imposed on a controller under data protection laws in relation to the processing of personal data under the agreement.
    3. 12.2.3. Without prejudice to the generality of the preceding clause, each party shall:
      1. · be responsible for providing individuals with appropriate notifications and transparency regarding the processing of their personal data as required by Data Protection legislation;
      2. · ensure that you have all necessary notices and consents to enable the lawful transfer of personal data to the other party if required in connection with the agreement; Y
      3. · apply appropriate technical and organizational measures to protect such personal data against unauthorized and unlawful processing and against accidental loss, destruction, disclosure, damage or alteration, including the application of appropriate information security processes that comply with the standards internationally recognized industry.
    4. 12.2.4. Unless the parties agree otherwise in writing, each of them, to the extent that it is personal data shared and processed under this agreement, when the parties act as independent data controllers:
      1. · promptly notify the other in writing providing reasonable details of any complaint, audit, investigation or inquiry (whether by a supervisory authority, a data subject or otherwise) that establishes, alleges or inquires about the possible breach of data protection laws, and the parties will reasonably cooperate with each other in this regard;
      2. · notify the other party, without undue delay, of knowledge of any actual or suspected personal data breach involving personal data received from the other party, and provide a reasonably detailed description of the breach. If the party experiencing the breach is required under data protection laws to provide (i) notice to public authorities, individuals or other persons, or (ii) take other corrective action (including without limitation, notification, credit monitoring services, or the establishment of a call center to respond to inquiries (each of the foregoing, a "Corrective Action"), shall not include in such Corrective Action any mention of the another party without your prior written approval, except where required by applicable law.
      3. · Neither party will transfer personal data provided by the other party outside the EEA, unless authorized by the other party. Any such transfer of data will be subject to an appropriate transfer mechanism (such as EU standard contractual clauses, as applicable) as agreed by the parties.
    5. 12.2.5. For more information about the processing of data carried out by Worksible, you can consult the Privacy Policy and Cookie Policy configured for this purpose.

13. Miscellaneous

  1. 13.1. Modification. Worksible reserves the right to modify or replace any part of this Agreement. It is your responsibility to review them periodically to identify changes. Worksible will notify Users of the modification of this Agreement at least 15 days before the date on which the modification becomes effective. Your navigation within the Platform after the publication of the changes will imply acceptance of them.
  2. 13.2. Additionally, Worksible may include new services or features in the future. If applicable, such services or functions will be subject to the terms and conditions specified in this Agreement.
  3. 13.3. Assignment. Neither party may transfer and assign its rights and obligations under this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, Worksible may transfer and assign its rights under this Agreement without the consent of the other party in connection with a change of control, acquisition or sale of all or substantially all of its assets.
  4. 13.4. Resignation. The failure of Worksible to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
  5. 13.5. Partial nullity. If one or more stipulations of this Agreement are considered invalid or declared as such in application of a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.

14. Applicable law and jurisdiction

  1. 14.1. All disputes arising from this Agreement or related to it - including any question regarding its existence, validity, termination, interpretation or execution - will be submitted to the jurisdiction of the Courts and Tribunals of Madrid for the resolution of the conflict or question.
  2. 14.2. Notwithstanding the foregoing, the parties undertake to make their best efforts to resolve said disputes amicably and in good faith, before resorting to the competent jurisdictional bodies.