User Agreement

User Agreement

This is important: This User Agreement (“Agreement”) contains vital information about your legal rights, remedies, and obligations, and is a legally binding agreement between you (“you” or “User”) and BlockTXM Inc. (“BlockTXM,” “we,” or “us”), governing your use of BlockTXM’s Site and Site Services (collectively, “Services”). You understand that by using the BlockTXM Site or Site Services (which generally means using in any way our work marketplace BlockTXM.com or our applications), and by clicking accept when prompted on the Site, you agree to be bound by all agreements which constitute BlockTXM’s Terms of Service, and you agree that the “Terms of Service” means every agreement linked herein and includes the Fee and ACH Authorization Agreement, Privacy Policy, Terms of Use, applicable Escrow Instructions and this User Agreement, including Section 14 which contains an arbitration agreement and class action waiver that applies to claims brought against BlockTXM in the United States. You have an opportunity to opt out of arbitration as provided in Section 14. This Agreement also incorporates, for any User using the Any Hire Services, the Any Hire Terms and the Any Hire Escrow Instructions. You should read all of our terms carefully because you are promising not to break any agreements in the Terms of Service.

If you want to use our work marketplace or any of our services (which we refer to altogether as Services), whether just by looking around or by registering an account, you must first read and agree to this Agreement (including the dispute resolution and arbitration provisions in Section 14). If you don’t understand this Agreement or you don’t agree to all of its terms and conditions, you may not use our Services. If you do not understand or agree to this Agreement, do not click to accept this Agreement, “Sign Up”, “Create My Account”, or similar, and do not visit BlockTXM.com, use our mobile applications, or otherwise use our Services. If you are using our Services on behalf of a business or legal entity, you may only do so if you have authority to agree to the Terms of Service on behalf of that business or legal entity.

This is important: This User Agreement (“Agreement”) contains vital information about your legal rights, remedies, and obligations, and is a legally binding agreement between you (“you” or “User”) and BlockTXM Inc. (“BlockTXM,” “we,” or “us”), , governing your use of BlockTXM’s Site and Site Services (collectively, “Services”). You understand that by using the BlockTXM Site or Site Services (which generally means using in any way our work marketplace BlockTXM.com or our applications), and by clicking accept when prompted on the Site, you agree to be bound by all agreements which constitute BlockTXM’s Terms of Service, and you agree that the “Terms of Service” means every agreement linked herein and includes the Fee and ACH Authorization Agreement, Privacy Policy, Terms of Use, applicable Escrow Instructions and this User Agreement, including Section 14 which contains an arbitration agreement and class action waiver that applies to claims brought against BlockTXM in the United States. You have an opportunity to opt out of arbitration as provided in Section 14. This Agreement also incorporates, for any User using the Any Hire Services, the Any Hire Terms and the Any Hire Escrow Instructions. You should read all of our terms carefully because you are promising not to break any agreements in the Terms of Service.

  1. BlockTXM Accounts 1.1 Registration 1.2 Account Eligibility 1.3 Account Profile 1.4 Account Types 1.5 Account Permissions 1.6 Identity and Location Verification 1.7 Usernames and Passwords
  2. Purpose of BlockTXM 2.1 Relationship with BlockTXM 2.2 Taxes and Benefits 2.3 Marketplace Feedback and User Content
  3. Contractual Relationship Between Client and Freelancer 3.1 Service Contracts 3.2 Disputes Among Users 3.3 Confidential Information
  4. Worker Classification and BlockTXM Payroll 4.1 Worker Classification 4.2 BlockTXM Payroll Services
  5. BlockTXM Fees 5.1 Fees For Freelancers 5.2 Client Fees 5.3 VAT and Other Taxes 5.4 No Fee for Introducing or Finding Projects
  6. Payment Terms and Escrow Services 6.1 Escrow Services 6.2 Client Payments on Service Contracts 6.3 Disbursements to Freelancers on Service Contracts 6.4 Non-Payment 6.5 No Return of Funds and No Chargebacks 6.6 Payment Methods 6.7 U.S. Dollars and Foreign Currency Conversion
  7. Non-Circumvention 7.1 Making Payments Through BlockTXM 7.2 Communicating Through the Site; Not Sharing Contact Details 7.3 Opting Out
  8. Records of Compliance
  9. Warranty Disclaimer
  10. Limitation of Liability
  11. Release
  12. Indemnification
  13. Agreement Term and Termination 13.1 Termination 13.2 Account Data on Closure 13.3 Survival
  14. Disputes Between You and BlockTXM 14.1 Dispute Process, Arbitration, and Scope 14.2 Choice of Law 14.3 Informal Dispute Resolution 14.4 Binding Arbitration and Class Action/Jury Trial Waiver
  15. General 15.1 Entire Agreement 15.2 Modifications; Waiver 15.3 Assignability 15.4 Severability; Interpretation 15.5 Force Majeure 15.6 Prevailing Language and Location

              15.7 Access of the Site Outside the United States 15.8 Consent to Use Electronic Records

  1. Definitions
    1. BlockTXM Accounts

    # 1.1 Registration

    Users must register to access and use BlockTXM’s services. Registration is subject to approval by BlockTXM.

    # 1.2 Account Eligibility

    The services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.

    # 1.3 Account Profile

    Users must provide accurate and complete information for their BlockTXM profile, which will be publicly visible unless privacy settings are adjusted.

    # 1.4 Account Types

    BlockTXM offers different types of accounts: Client, Freelancer, and Agency accounts, each with specific roles and permissions.

    # 1.5 Account Permissions

    Account owners can grant permissions to other users to act on their behalf, adhering to the terms of service outlined by BlockTXM.

    # 1.6 Identity and Location Verification

    BlockTXM may use various means to verify the identity and location of its users to maintain a safe and secure platform.

    # 1.7 Usernames and Passwords

    Users are responsible for keeping their usernames and passwords confidential to protect their accounts from unauthorized use.

    1. Purpose of BlockTXM

    # 2.1 Relationship with BlockTXM

    BlockTXM provides a platform for freelancers and clients to connect but is not a direct party to the contracts executed between these parties.

    # 2.2 Taxes and Benefits

    Users are responsible for their own taxes and benefits. BlockTXM does not provide tax or employment benefits.

    # 2.3 Marketplace Feedback and User Content

    BlockTXM allows users to publish feedback and other content, which BlockTXM does not monitor or control, except for compliance with its terms.

    1. Contractual Relationship Between Client and Freelancer

    # 3.1 Service Contracts

    Defines the contractual agreements between clients and freelancers, which are facilitated through the BlockTXM platform but are independent of BlockTXM.

     

    # 3.2 Disputes Among Users

    BlockTXM provides guidelines for resolving disputes among users but does not participate in such disputes directly.

     

    # 3.3 Confidential Information

    Users may agree to additional confidentiality terms as part of their service contracts.

     

    1. Worker Classification and BlockTXM Payroll

    # 4.1 Worker Classification

    Clients are responsible for correctly classifying workers as either employees or independent contractors.

     

    # 4.2 BlockTXM Payroll Services

    For clients who classify workers as employees, BlockTXM offers payroll services through a third-party provider.

     

    1. BlockTXM Fees

    # 5.1 Fees For Freelancers

    Freelancers agree to pay BlockTXM a service fee for the use of the platform and its various services.

     

    # 5.2 Client Fees

    Clients pay service fees for access to the BlockTXM platform and processing of payments.

     

    # 5.3 VAT and Other Taxes

    BlockTXM charges VAT and other taxes as applicable, which are added to the service fees.

     

    # 5.4 No Fee for Introducing or Finding Projects

    BlockTXM does not charge freelancers fees for finding projects or clients.

    1. Payment Terms and Escrow Services

    # 6.1 Escrow Services

    BlockTXM provides escrow services to securely hold funds until service terms are met.

    # 6.2 Client Payments on Service Contracts

    Clients fund escrow accounts to secure project starts and milestone payments.

    # 6.3 Disbursements to Freelancers on Service Contracts

    Freelancers are paid from escrow accounts upon meeting the terms of the service contract.

    # 6.4 Non-Payment

    Details the consequences if a client fails to make payments according to the agreed terms.

    1. Non-Circumvention

    # 7.1 Making Payments Through BlockTXM

    Clients and freelancers must use BlockTXM’s payment system to avoid circumvention fees.

    # 7.2 Communicating Through the Site; Not Sharing Contact Details

    Users must communicate through BlockTXM’s platform and are prohibited from sharing contact details to ensure security and service quality.

    # 7.3 Opting Out

    Users can opt-out of specific terms of service but must agree to a formal process outlined by BlockTXM.

    1. Records of Compliance

    Users agree to keep records of their activities and communications on BlockTXM to comply with legal and regulatory requirements.

    1. Warranty Disclaimer

    BlockTXM disclaims all warranties related to the services provided, to the extent allowed by law.

    1. Limitation of Liability

    Limits BlockTXM’s liability in connections with its services, stipulating the maximum recoverable damages.

    1. Release

    Users release BlockTXM from claims, demands, and damages of every kind and nature arising out of or in any way connected with disputes with other users.

    1. Indemnification

    Users agree to indemnify BlockTXM against all liabilities, costs, and expenses arising from or relating to their use of the platform.

    1. Agreement Term and Termination

    # 13.1 Termination

    Details how users or BlockTXM can terminate the agreement.

    # 13.2 Account Data on Closure

    Specifies how user data is handled after account closure.

    # 13.3 Survival

    Certain obligations and rights persist even after the agreement is terminated.

    1. Disputes Between You and BlockTXM

    # 14.1 Dispute Process, Arbitration, and Scope

    Outlines the process for resolving disputes between users and BlockTXM.

    # 14.2 Choice of Law

    Specifies the governing law for the agreement.

    # 14.3 Informal Dispute Resolution

    Encourages users to resolve disputes informally before pursuing arbitration.

    # 14.4 Binding Arbitration and Class Action/Jury Trial Waiver

    Details the binding arbitration process and includes a waiver for class actions and jury trials.

    1. General

    # 15.1 Entire Agreement

    This agreement constitutes the entire agreement between the user and BlockTXM regarding its subject matter.

    # 15.2 Modifications; Waiver

    Details how the agreement can be modified and the implications of waiver.

    # 15.3 Assignability

    Users cannot assign their rights under this agreement without BlockTXM’s consent.

    # 15.4 Severability; Interpretation

    If any part of the agreement is found invalid, the rest remains in effect.

    # 15.5 Force Majeure

    BlockTXM is not liable for any failure to perform due to circumstances beyond its reasonable control.

    # 15.6 Prevailing Language and Location

    Specifies the controlling language and jurisdiction for the agreement.

    # 15.7 Access of the Site Outside the United States

    Regulates use of the site by users outside the United States.

    # 15.8 Consent to Use Electronic Records

    Users consent to the use of electronic records in transactions with BlockTXM.

    1. Definitions

    Defines specific terms used throughout the agreement for clarity and legal precision

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