Rise's Terms of Service

Last Update: June 2021

Welcome to Riseworks.io

The following terms of service (these "Terms of Service"), govern your access to and use of the Rise website, including any content, functionality and services offered on or through www.riseworks.io (the "Site") by Rise Works, Inc. (235 W 71st street, New York, NY, 10023) as applicable. Rise Works, Inc. and its subsidiaries are collectively referred hereto as "Rise" "we" or "us" and "you" or "user" means you as an user of the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Rise services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English.

Key Terms

  • Customers are users who purchase services on Rise.
  • Custom Offers are exclusive proposals that a Freelancer can create in response to specific requirements of a Customer.
  • Custom Projects are requests made by a Customer to receive a Custom Offer from a Freelancer.
  • Service Modal is where the Freelancer can describe their Service and the Services's terms, and the Customer can purchase the Service and create a project.
  • Service / Services are services offered on Rise.
  • Project Page is where Customers and Freelancers communicate with each other in connection with an ordered Service.
  • Projects are the formal agreements between a Customer and Freelancer after a purchase was made from the Freelancer's Service Page.
  • Freelancers are users who offer and perform services through Services on Rise.

Overview

  • Only registered users may buy and sell on Rise. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
  • Services on Rise may be offered at a base starting price of $50. Some Services are offered at a base price of more than $50 as determined by the Freelancers.
  • Customers pay Rise in advance to create a project (see Payment Terms).
  • Projects are purchased through the Pay button found on the Project page.
  • For fees and payments please read the Payment Terms
  • Freelancers must fulfill their projects, and may not cancel projects on a regular basis or without cause.
  • Users may not offer or accept payments using any method other than placing a project through Riseworks.io.
  • When purchasing a Service, Customers are granted all rights for the delivered work, unless otherwise specified by the Freelancer on their Service page.
  • Rise retains the right to use all published delivered works for Rise marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

Freelancers

Basics

  • Freelancers create Services on Rise to allow Customers to purchase their services.
  • Freelancers may also offer Custom Services to Customers in addition to their Services.
  • Each Service you sell and successfully complete, accredits your account with a revenue equal to 95% of the purchase amount.
  • Rise accredits Freelancers once a project is completed. See our Projects section below for a definition of a completed project.
  • For more information about receiving payments, fees and taxes see the Payment Terms.
  • Freelancers may not promote their Services or any Rise content via the Google Ads platform.
  • Freelancers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Services

  • Services created on Rise are User Generated Content.
  • Services and/or users may be removed by Rise from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service.
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Services
    • Spam, nonsense, or violent or deceptive Services
    • Services misleading to Customers or others
    • Reselling of regulated goods
    • Offering to prepare academic works on behalf of Customers
    • Exceedingly low quality Services
    • Promoting Rise and/or Rise Services through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  • Services that are removed for violations mentioned above, may result in the suspension of the Freelancer's account.
  • Services that are removed for violations are not eligible to be restored or edited.
  • Services may be removed from our Search feature due to poor performance and/or user misconduct.
  • Services are required to have an appropriate Service image related to the service offered. Recurring deliveries that don't match the quality shown on the Service images may lead to the Freelancer's account losing Freelancer status or becoming permanently disabled.
  • Statements on the Service Page that undermine or circumvent these Terms of Service are prohibited.

Customers

Basics

  • You may not offer direct payments to Freelancers using payment systems outside of the Rise platform.
  • Rise retains the right to use all publicly published delivered works for Rise marketing and promotional purposes.

Purchasing

  • Please refer to the Payment Terms for making Payments through the Rise platform and to learn about digital wallets, stablecoins, fees and taxes.
  • In addition, Customers can request a Custom Project which addresses specific Customer requirements, and receive a Custom Offer from Freelancers through the site or through Rise proposals.
  • You may not offer Freelancers to pay, or make payment using any method other than through the Riseworks.io site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

PROJECTS

Basics

  • Once payment is confirmed, your project will be created.
  • Freelancers must deliver completed files and/or proof of work using the Upload Draft or Upload Final buttons (located on the Project page) according to the service that was purchased and advertised on their Service.
  • A Project is marked as Complete after it is marked as Uploaded and then approved by a Customer. A Project will be automatically marked as Complete if not accepted and no request for modification was submitted within 14 days after the Project was marked as Delivered.
  • We encourage our Customers and Freelancers to try and settle conflicts amongst themselves. Users can contact Rise's Customer Support department for assistance here. For more information about disputes, Project cancellations and refunds please refer to the Payment Terms.

Handling Projects

  • When a Customer projects a Service, the Freelancer is notified by email as well as notifications on the site while logged into the account.
  • Freelancers are required to meet the delivery time they specified when creating their Service.
  • Freelancers must send completed files and/or proof of work using the Upload Draft or Upload Final buttons (located on the Project page) to mark the Project as complete.
  • Users are responsible for scanning all transferred files for viruses and malware. Rise will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Reviews

  • Feedback reviews provided by Customers while completing a Project are an essential part of Rise's rating system. Reviews demonstrate the Customer's overall experience with the Freelancers and their service. Customers are encouraged to communicate to the Freelancer any concerns experienced during their active project in regards to the service provided by the Freelancer.
  • Leaving a Customer's feedback is a basic prerogative of a Customer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Rise platform from users within our Community. Purchases arranged, determined to artificially enhance Freelancer ratings, or to abuse the Rise platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Withholding the delivery of services, files, or information required to complete the Service with the intent to gain favorable reviews or additional services is prohibited.
  • Responding and posting a review: Once work is delivered, the Customer has three days to respond. If no response is provided within the response period, the Project will be considered completed.
  • Users are allowed to leave reviews on Projects up to 10 days after a Project is marked as complete. No new reviews may be added to a Project after 10 days.

Disputes and Cancellations

We encourage our Customers and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Rise's Customer Support department for assistance here.

User Conduct and Protection

Rise enables people around the world to create, share, sell and purchase digital marketing services they need. Services offered on Rise reflect the diversity of an expanding Talent economy. Members of the Rise community communicate and engage through projects and social media.

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

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

Basics

  • To protect our users' privacy, user contact information is kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, Websites, Telephone numbers or any other personal contact details to communicate outside of Rise in order to circumvent or abuse the Rise messaging system or Rise platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the Project Page.
  • Rise does not provide any guarantee of the level of service offered to Customers. You may use the Flag Project button provided to you in the Project Page.
  • Rise does not provide protection for users who interact outside of the Rise platform.
  • All information and file exchanges must be performed exclusively on Rise's platform.
  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • Rise is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
  • Users may not submit proposals or solicit parties introduced through Rise to contract, engage with, or pay outside of Rise.

Projects

  • Users are to refrain from spamming or soliciting previous Customers or Freelancers to pursue removing/modifying reviews or cancelling projects that do not align on Project Cancellation or Feedback policies.

Services

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

Reporting Violations

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

Violations

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

Non-Permitted Usage

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

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

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

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

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

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

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

Abuse and Spam

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

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

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

Feedback Rights

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

Confidentiality

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

General Terms

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

User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Rise by our users (Customers and Freelancers) is User Generated Content. Rise does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Rise platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party's policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Rise is not responsible for the content, quality or the level of service provided by the Freelancers. We provide no warranty with respect to the Services, their delivery, any communications between Customers and Freelancers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Freelancer undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Rise.

Ownership

Ownership and limitations: When purchasing a Service on Rise, unless clearly stated otherwise on the Freelancer's Public Profile page/description, when the work is delivered, and subject to payment, the Customer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein. Accordingly, the Freelancer expressly assigns to the Customer the copyright in the delivered work. All transfer and assignment of intellectual property to the Customer shall be subject to full payment for the Service, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work, the delivered work and its copyright shall be the exclusive property of the Customer and, upon delivery, the Freelancer agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Customer.

Furthermore, users (both Customers and Freelancers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Rise, including Service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Rise for no consideration for marketing and/or other purposes.

Disclaimer of Warranties

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

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

Limitation on Liability

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

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

The term "Affiliate" referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Rise, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.