Welcome to Microwork. These Terms govern your use of Microwork website except where we expressly state that separate terms (and not these) apply. By using our website, you agree that:
1. You are at least 18 years of old and capable of entering into legally binding contracts:
2. You are bound by these Terms of Service, and all Microwork’s policies and guidelines referenced in this agreement;
3. You have the authority to enter this agreement on behalf of yourself or the entity you represent; and
4. You will not abuse the Microwork website, misrepresent your identity to us, or use artificial intelligence to complete any portion of any task on Microwork, which requires human intelligence.
Under these Terms of Service, “we” and “us” refers to Microwork.io and its subsidiaries, affiliates, officers, agents, employees, representatives, and agents, and our “website” includes any website under our control, including www.microwork.io.VAT number is EIN 81-1737557. We may also refer to ourselves as Microwork.
To use our website, you must be at least 18 years old and capable of entering into legally binding contracts. Microwork is available to the U.S. and international users except where prohibited by the U.S. or local governing law. The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 18; if you are a child under 18, please do not attempt to register for the Site or send any personal information about yourself to us. If we learn we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us at firstname.lastname@example.org
You must notify Microwork immediately if you suspect that your account information has been stolen or used by someone else, or any other breach of security
You agree to provide us with true, accurate and complete information as requested in our registration process. You also agree to update such information promptly as necessary to keep it current and accurate.
1. Register for more than one Microwork account;
2. Perform any task with the use of Internet bots, web robots, bots, scripts, or any other form of artificial intelligence or otherwise attempt to obtain rewards from Microwork without completing tasks as they are described;
3. Provide any false information while using this website (including without limitation impersonating any other person or organization in your account, or falsely stating or otherwise misrepresenting yourself or your affiliation with any other person or organization in your account ;
4. Access or attempt to access our website through any proxy web server or other device designed to obfuscate your actual location or identity or by any means other than the interface provided;
5. Use the site for any illegal activity, or for any purpose other than the purpose for which it was made available;
6. Engage in activity that interferes with or disrupts the functioning of the site;
7. insert, upload, or attach malicious or unknown external links or files, or upload any content that contains a virus, Trojan horse, worm, time bomb, or other harmful computer code ;
8. Upload any material subject to copyright that is not your original work, unless you have permission from the rightful owner to post such content and to grant Microwork all of the licensed rights granted herein;
9. Engage in spamming or post any kind of publicity, attempt to get referrals, mass communication; money offers or requests, solicitation of services, advertising, marketing, nonsense messages, duplicated topics, illegal content, social website links, e-mail addresses, or instant messenger IDs unless required by the task;
10. Insert external links that offer goods or services unless required by the task;
11. Otherwise, engage in any malicious or fraudulent activity.
Microwork may verify your identity. This may include comparing your personal information against third party databases or official legal documents. You authorize us to make any inquiries necessary to confirm your identity, your ownership of your email address, and your ownership of your financial accounts. You agree to provide information about you to assist us in verifying your identity.
You alone are responsible for complying with federal, state, provincial, and local laws in connection with your use of our website. You agree to indemnify and hold us harmless for any claims against us because you failed to comply with any law or violated any third party rights.
If you are a Microworker, you alone are responsible for payment of any estimated or other federal, state, or local income taxes, social security, FICA, and workers' compensation owed as a result of the use of our website, as well as similar taxes or charges in non-U.S. jurisdictions. You agree to indemnify and hold us harmless for any assessments against us because you failed to comply with any tax law.
As an Independent Contractor of Microwork, YOU will be referred as “Microworker” and hereby agrees to observe all the provisions of this Agreement, as well as all other rules and policies that Microwork may announce from time to time.
Microworker shall use commercially reasonable efforts to complete each assigned task Eeconomically and practicable to minimize the time and materials charges or costs and other charges and expenses incurred in connection therewith, to the maximum extent possible under this Agreement.
Microworker recognizes that Microwork possesses a body of existing technology and intellectual property rights and is engaged in a continuous program of research, development, and production concerning its business (present and future). Microworker further understands that:
As an Independent Contractor of Microwork, Microworker may be expected to make new contributions and inventions of value to the Company, and
Microworker creates a relationship of confidence and trust with Microwork, and that its position places it in a unique position of access to the proprietary technology, trade secrets, and research, development and business information.
If you are a Microworker, you and only you decide which and how many tasks to complete, and when and where you complete them. You are free to spend as much or as little time completing tasks as you choose. At no time are you under any obligation to complete a task.
If you are a Microworker who accesses the Services and/or performs tasks through or in connection with a third party entity and/or platform or service (each, a “Channel”), then you agree and acknowledge that Microwork has no obligation to pay you directly or to ensure that you receive payment for completed tasks. Microwork's only obligation concerning your completed tasks is to pay the Channel by the terms between Microwork and the Channel. You agree and acknowledge that it is solely the Channel's responsibility to ensure that you are compensated for completed tasks by your agreement with the Channel. Any disputes over such payments (including without limitation failure to receive such payments) are solely between you and the Channel.
Neither your use of our website nor anything in this agreement creates employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and Microwork. We do not provide you with any equipment or tools to complete a task. We do not provide you any benefits, workers’ compensation, or insurance coverage. We are not responsible for any expenses you incur in using our website. We will not withhold any amount from your reward for federal or state income tax, Social Security, or any other tax. You are free at all times to perform tasks for any person or business, including any of our competitors. You do not have the authority to enter into any contract, written or oral, on behalf of Microwork.
Notwithstanding the preceding, if you are a U.S. taxpayer, we may request from you a W-9, to be updated annually, and we may bar you from performing tasks until you have completed or updated a W-9.
If you are a Microworker, Microwork will reward you for acceptable completion of certain tasks. In the event that you are found to have engaged in fraud, abuse, or violation of these Terms of Service, any rewards to you may be withheld and recovered by Microwork.
If for any reason, Microwork does not accept the performance of a task you completed, you as a Microworker will not be entitled to any reward for the task. If rewards were already dispersed to you for an unacceptably completed task, we may recover them from you.
By performing tasks on our website you may accrue qualifications and skills, which we will grant in our discretion. We reserve the right to create, edit, or revoke your qualifications and skills at any time, for any reason or no reason at all. Because we do not discriminate by national origin, race, color, gender, sexual orientation, or any other class protected by law, you will have the same opportunity as any other Microworker to achieve access to tasks as your qualifications and skills accumulate. As a Microworker, if you believe that problematic test questions have affected your qualifications, skills, or rewards, you may provide well-supported contentions describing of problematic test questions via the task interface or a ticket in our support system.
Microworker acknowledges that all original works of authorship which are made by Microworker (solely or jointly with others) which are protectable by copyright are “works made for hire,” pursuant to United States Copyright Act (17 U.S.C., Section 101). Microwork shall own all Work Product and shall be considered "work made for hire."
For purposes of this Agreement, “Work Product” shall mean all intellectual property rights, including all Trade Secrets, U.S. and international copyrights, patentable inventions, discoveries and improvements, and other intellectual property rights, in any documentation, methodology or other work product that relates to the business and interests of Microwork and that Microworker conceives, develops, or delivers to Microwork at any time during the term of this Agreement. Microworker hereby irrevocably relinquishes for the benefit of Microwork and its assigns any moral rights in the Work Product recognized by applicable law.
The Work (including, without limitation, any annotation services, photo tasks on our mobile apps and dataset products in connection with Work or by use of or exposure to Microwork Confidential Information, and all other data generated during those tasks including pictures, videos, survey answer, etc.) has been specially ordered and commissioned by Microwork, and constitutes work made for hire under applicable copyright law to the extent it qualifies as such. The Microworker agrees that Microwork will own all Intellectual Property Rights in the Work and that the Work is a “work made for hire” for copyright purposes.
All Company Materials shall be the sole property Microwork. Microworker agrees that during the term of this Agreement, Microworker will not remove any Company Materials from the systems of Microwork, unless expressly authorized to do so, or deliver any Company Materials to any person or entity outside Microwork, except as required to do in connection with performance of the Services under this Agreement, as approved by Microwork in writing. Microworker further agrees that immediately upon Microwrok’s request, and in any event upon completion of the Services or termination of this Agreement, Microworker shall promptly deliver to the Microwork all Company Materials, any media which contains Work Product. At all times before or after completion of the Services, Microwork shall have the right to examine the Work Product and any materials relating to it to ensure Microworker’s compliance with the provisions of this Agreement.
The Work as delivered to Microwork does not infringe or misappropriate any copyright, patent, trade secret, trademark, or other proprietary right held by any third party and is free of any lien, claim, security interest or encumbrance;
The Work will meet the specifications described in the applicable Schedule, will be complete and accurate, and will comply with all applicable laws and regulations;
The Microworker will have all necessary rights to the Work to transfer ownership to Microwork. Work created by the Microworkers will be created within the scope of their tasks pursuant to a written obligation to assign to Microwork all right, title and interest in the Work; and
Microwork’s Materials will be used for the sole purpose of performing the Work and will not be disclosed to or used for the benefit of any third party.
Microworker agrees that any breach or threatened breach of this Agreement could cause irreparable damage and that in the event of such breach, or threatened breach, Microwork shall have, in addition to any and all remedies of law, the right to an injunction, specific performance as well as all other equitable relief to prevent the violation of Microworker’s obligations hereunder without the necessity of any proof of actual damages or the posting of a bond or other security.
Microwork respects the intellectual property of others, and we reserve the right to remove from our site any material that we believe may violate the intellectual rights of any third party. If you believe that your work has been copied in a way that constitutes copyright infringement on this website, please contact Microwork customer support.
As a Microworker, you agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and costs), arising from or relating to your performance of tasks or your use of our website.
At all times during and after the term of this Agreement, Microworker will hold in strictest confidence, and will not use or disclose to any third party, any Company Confidential Information. The term “Company Confidential Information” means all non-public information that Microwork designates as being confidential or which under the circumstances of disclosure ought to be treated as confidential.
In furtherance of, and not in limitation of any other provision of this Agreement, Microworker agrees (i) to hold Company Materials and Microwork’s Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information, (ii) not to divulge any such Proprietary Information to any third person, including, but not limited to, any affiliated entity, except as otherwise herein contemplated, (iii) not to make any use whatsoever at any time of Proprietary Information except in connection with the performance of this Agreement, and (iv) not to copy, decompile, disassemble or reverse engineer any such Proprietary Information and/or pre-release hardware devices. Any Microworker given access to any Proprietary Information must have a legitimate “need to know” and shall be bound by an obligation to maintain the confidentiality of Proprietary Information.
We may amend these terms at any time by posting a revised version of them on our website, and you are responsible for checking our website regularly for any such changes. In the event of any such change, you may continue to access or use our site after the revisions become effective, in which case you agree to be bound by the revised Agreement. If you do not agree to any new terms we introduce, please stop using our website.
Our website may contain links to third-party websites. We do not control, investigate, monitor, or check such websites. We are not responsible for nor do we endorse the computer programs, content, or opinions contained on such websites. If you decide to leave our website and access any third-party website, you do so at your own risk.
OUR WEBSITE AND SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR EXPRESS, ABOUT ACCESSIBILITY, FITNESS, LAWFULNESS, AVAILABILITY, OR FUNCTIONALITY OF OUR WEBSITE, SOFTWARE, THE TASKS, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROWORK DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST MICROWORK concerning ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION IS TO CEASE USE OF OUR WEBSITE. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the website or Microwork software. Scheduled and unscheduled interruptions may occur, and we do not warrant uninterrupted availability of our website.
IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THE LIABILITY OF Microwork FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) U.S. $2,500; AND (B) ANY Microwork FEES RETAINED BY Microwork WITH RESPECT TO TASKS POSTED BY A TASK TASKAUTHOR DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
If you are a Microworker, you agree to the following arbitration clause and class action waiver:
Alternative Dispute Resolution Required. You agree that for any dispute that arises out of or relates to your use of our website, including any dispute that may have arisen from the time that you began performing tasks for Microwork, and specifically including any claim related to whether or not you classify as an independent contractor, you will first notify Microwork of your claim against it. You and Microwork will then attempt to resolve the issue through either direct negotiation or mediation. We will split equally the cost of mediation and agree that mediation shall be conducted through telephonic or other electronic means. If a claim remains unresolved following informal negotiations or mediation, you agree that you and Microwork will use final and binding arbitration to resolve the dispute. This clause governs all claims retroactively from the time you began using our website, whether based on tort, contract, statute, including, but not limited to, any claims of discrimination and harassment, whether they are based on the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, as amended, or any other state or federal law or regulation, equitable law, or otherwise.
Arbitration Procedure. All arbitration under this agreement will be conducted under the rules of the American Arbitration Association or by a mutually agreed upon arbitration service. The arbitrator will be a U.S. arbitrator selected from a list of no less than seven (7) names through alternative strikes. In arbitration, each party will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Awards must include the arbitrator's written reasoned opinion. You give up your right to trial by a jury of any claim you may have against Microwork or that Microwork may have against you. Any claim under this clause must be brought within the applicable statute of limitations period. The United States Federal Arbitration Act governs this clause, and you acknowledge that this Agreement evidences a transaction in commerce.
Exceptions. Disputes that may not be subject to a pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from this arbitration clause.
Administrative Exhaustion. You may bring any claim arising out of your use of this website to an administrative agency, but only to the extent, applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission, the U.S. Department of Labor, and the National Labor Relations Board. Nothing in this clause shall be deemed to preclude or excuse you from bringing an administrative claim before any agency to fulfill your obligation to exhaust administrative remedies before claiming arbitration. However, you waive the right to any monetary award through this such agency proceedings.
Location of Arbitration. Any arbitration proceeding under this section will take place by default no more than 45 miles from the place where you reside, unless you reside outside the United States, in which case the arbitration will take place entirely electronically or telephonically. The arbitration may take place at any other location if agreed to by every party in writing. Regardless of its location, any party may opt to appear at the arbitration via live video or teleconference.
Class Action Waiver. You waive any right you have for any dispute to be brought, heard, or arbitrated as a class, collective, or representative action. Notwithstanding any other clause contained in this agreement, the preceding sentence shall not be severable from this agreement in any case. Any claim that all or part of this waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You will not be retaliated against or prevented from completing tasks on our website as a result of your exercising your rights under Section 7 of the National Labor Relations Act, or by the filing of or participation in a class, collective or representative action in any forum, but we may lawfully seek enforcement of this class action waiver, and seek dismissal of such class, collective or representative actions or claims.
Costs and Fees. The parties shall each bear their respective costs for legal representation at any such arbitration, except to the extent that attorney’s fees are explicitly provided for by law. The parties will split any initial administrative fee charged by the arbitrator, up to a maximum cost to you of two hundred fifty dollars (US$250.00). The cost of the arbitrator and court reporter, if any, shall initially be borne by us; however, the arbitrator shall have the discretion to award appropriate costs to the prevailing party, as provided by law, and/or to require the parties to split the costs associated with the arbitrator and/or court reporter.
Severability. Except for the Class Action Waiver, if any term or provision, or a portion of this arbitration clause is declared void or unenforceable, it will be severed, and the remainder of the arbitration clause will be enforceable.
You may choose at any time to cease using our website, provided that you must abide by all applicable Microwork’s policies. We may, in our sole discretion, terminate this agreement, suspend access to our website, or remove any services immediately without notice for any reason.
A Microworker is an independent contractor for Microwork. Nothing in this Agreement will be construed as creating an employer-employee relationship, partnership or joint venture, as a guarantee of future employment or projects, as a limitation upon Microwork’s sole discretion to terminate this Agreement at any time without cause, or as creating an exclusive relationship or minimum commitment.
Microwork has entered into this Agreement in reliance on information provided by the Microworker, including the Microworker’s express representation that it is an independent contractor and in compliance with all applicable laws related to work as an independent contractor. The Microworker shall be responsible for paying all applicable taxes relating to the scope of work, including, without limitation, the payment of any self-employment taxes and acknowledges that Microwork will not withhold taxes from the fees payable to Microworker on the Microworker's behalf.
These Terms and your access to and use of the Services will be governed by the laws of the State of California, U.S.A., without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in San Jose County, California.
We may suspend, limit, or cancel your access to Microwork app at any time for any reason because: (a) we believe you have violated these Terms of Service (including the Code of Conduct and other related policies); (b) we believe you have violated our rights or the rights of any third party; (c) we are unable to verify or authenticate information you have provided to us; or d) we believe your actions may create liabilities for you, us, or a third party. For the avoidance of doubt, we reserve the right to prevent or suspend payment to you if we reasonably believe that any of the preceding applies to such payment.
If we suspend or terminate your account, you will no longer have access to any parts of the Microwork app, including data, messages, files, and other material you keep on the app. All unpaid earnings accumulated before the termination shall be paid to the account on file. You may NOT continue to use our app under a different or new account name. Violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
These Terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact us and immediately navigate away from using the Microwork app.