Terms of Services
Last Updated: Feb 10, 2025
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE, PLATFORM, OR SERVICES OF REMOTEGENIES.
INTRODUCTORY PROVISIONS
1.1 Parties and AcceptanceThese Terms of Service (hereinafter, the “Agreement”) constitute a legally binding contract between RemoteGenies, LLC (hereinafter, “RemoteGenies,” “we,” “us,” or “our”) and any user (hereinafter, “User,” “you,” or “your”) who accesses or uses the RemoteGenies website, platform, and related services (collectively, the “Service”). This Agreement applies to all Users, including Clients (individuals or entities posting tasks or projects) and Freelancers (also referred to as “Genies” or “Assistants”).
BY ACCESSING OR USING THE SERVICE, OR BY CLICKING A BUTTON OR CHECKING A BOX INDICATING YOUR AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.
1.2 Important Arbitration Notice
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 10.2 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN
SECTION 10.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”). UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 10.2, YOU AGREE TO THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND REMOTEGENIES, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
1.3 Modification and Updates
RemoteGenies may amend or otherwise modify this Agreement at any time, in its sole discretion. In the event of material changes, we will provide notice by posting the revised Agreement on our website or by another communication method reasonably calculated to inform you. Your continued use of the Service after the effective date of any modifications indicates your consent to the revised Agreement.
1.4 No Legal Advice
Nothing contained in this Agreement or provided through the Service constitutes legal advice. You are solely responsible for determining any legal, tax, or regulatory requirements applicable to your activities and for obtaining advice from qualified counsel where necessary.
1.5 Accessibility
RemoteGenies endeavors to make its website and platform accessible to all users, including individuals with disabilities, and aims to comply with applicable accessibility standards. If you have difficulty accessing or using the Service, please contact us at help@remotegenies.com.
2. DEFINITIONS
“Client”: A User who posts tasks, assignments, projects, or other work requests on the platform for potential engagement with Freelancers.
“Freelancer” / “Genie” / “Assistant”: An individual or entity that offers freelance or contract services to Clients through the Service.
“Service Contract”: Any written or oral contract or agreement between a Client and a Freelancer detailing the terms and conditions under which services will be performed.
“RemoteGenies Content”: All text, graphics, logos, software, trademarks, and other proprietary materials provided by or through RemoteGenies.
3. THE SERVICE
3.1 Nature of the Service RemoteGenies provides a platform that enables Clients to identify and hire Freelancers for various projects and tasks. RemoteGenies itself is not a party to the contracts formed between Clients and Freelancers, nor does it supervise, control, or direct the manner or means by which a Freelancer completes a project.
3.2 No Endorsement or Guarantee RemoteGenies does not guarantee or endorse the qualifications, expertise, or suitability of any Freelancer or Client. All Users are responsible for conducting any necessary background checks or due diligence before entering into a Service Contract.
3.3 Service Modifications We reserve the right, at our sole discretion, to modify, suspend, or discontinue any part of the Service, to impose limits on certain features, or to restrict access to parts or all of the Service without prior notice or liability.
4. ACCOUNT REGISTRATION & SECURITY
4.1 Eligibility Use of the Service is void where prohibited. By registering for an account, you represent that:You are at least 18 years of age (or older if required by applicable law).You have not been previously banned or removed by RemoteGenies without express written consent to re-register.
4.2 Account Registration Users must create an account by providing accurate, up-to-date, and complete information. You agree to update your account details as necessary. Failure to provide accurate information may result in suspension or termination of your account.
4.3 Credentials & Security You are solely responsible for maintaining the confidentiality of your username, password, and other login credentials. You agree to notify RemoteGenies immediately of any unauthorized use of your account. We disclaim any liability for losses arising from compromised credentials or unauthorized access.
4.4 Identity Verification RemoteGenies may require additional information or documentation to verify your identity or conduct background checks. By providing such information, you authorize RemoteGenies to conduct these verifications. Failure to comply may result in restricted use or termination of your account.
5. USER ROLES & RELATIONSHIPS
5.1 Independent Contractor Status of Freelancers
Freelancers act as independent contractors and not as employees, agents, partners, or joint venturers of RemoteGenies. Freelancers retain the right to determine the manner and method by which they perform work for Clients.
5.2 Client-Freelancer Service Contracts
Each Client and Freelancer is solely responsible for negotiating and executing a Service Contract that outlines fees, deliverables, intellectual property rights, confidentiality obligations, and any other relevant terms. RemoteGenies is not a party to these contracts and shall bear no liability for disputes arising therefrom.
5.3 Duties of Clients
Provide clear, detailed project descriptions and expectations.Ensure the timely and accurate provision of payments and necessary resources to the Freelancer.Comply with all local, state, national, and international laws in relation to the hiring and employment of freelancers.
5.4 Duties of Freelancers
Perform services with due care, skill, and professionalism in accordance with the applicable Service Contract.Comply with all applicable laws regarding taxation, licensing, insurance, and the lawful conduct of freelance work.Promptly communicate any material changes or issues to the Client during the engagement.
6. EXCLUSIVE USE OF THE PLATFORM & NON-SOLICITATION
6.1 Platform Exclusivity You agree that for a period of two (2) years following the commencement of a Client-Freelancer relationship initiated on RemoteGenies, all payments for that work shall be processed exclusively through RemoteGenies. Any attempt to circumvent this provision may subject you to an off-platform conversion fee or other legal remedies.
6.2 Prohibition on Direct Contact Prior to Contract Clients and Freelancers shall not share direct contact information (such as personal email, phone number, or social media handles) before entering into a service contract through the platform’s provided communication tools (e.g., GenieChat).
6.3 Non-Solicitation Neither Clients nor Freelancers shall solicit one another to enter into side arrangements or direct engagements outside the platform. Breach of this Section may result in immediate suspension or termination of your account.
7. FEES, PAYMENTS & TAXES
7.1 Service Fees RemoteGenies charges certain fees for the use of its Service, which may include project fees, subscription fees, or transaction fees. Any applicable fees will be disclosed prior to any commitment.
7.2 Payment Processing
Third-Party Providers: RemoteGenies may use third-party payment processors or escrow providers. By using the Service, you agree to comply with the terms and conditions of these third parties.
Holding Period: Payments released to Freelancers may be subject to a holding or review period (commonly 7 days) following project completion to allow for dispute resolution
.Prohibited Off-Platform Payments: You must not circumvent RemoteGenies’ payment systems.
7.3 Disputes & Refunds
No General Refunds: Payments are generally non-refundable once services are delivered, barring explicit exceptions stated on the platform.
Dispute Resolution: Users must attempt in good faith to resolve any issues through RemoteGenies’ dispute resolution tools prior to pursuing external remedies.
Mediation: RemoteGenies reserves the right, but not the obligation, to assist in resolving disputes; however, it bears no legal responsibility for the outcome.
7.4 Taxes Freelancers are responsible for declaring and remitting any taxes on amounts earned through the platform. RemoteGenies does not withhold or pay any taxes on behalf of Freelancers.
8. PROHIBITED ACTIVITIES Users agree not to engage in, facilitate, or encourage any actions that:
Violate Laws: Engage in unlawful, harassing, fraudulent, or defamatory conduct.
Infringe Intellectual Property: Post or transmit content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights.
Introduce Malicious Code: Upload viruses, worms, or other destructive code.
Circumvent Security: Attempt to breach or disable any security feature of the Service.
Scrape or Harvest: Use automated systems to collect data or content from the Service without express written permission.
Misrepresent Identity: Impersonate any individual or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Disrupt the Service: Interfere with or disrupt the integrity or performance of the Service.A violation of this section may result in immediate account termination and potential civil or criminal liability.
9. INTELLECTUAL PROPERTY & USER CONTENT
9.1 Ownership of RemoteGenies Content
All software, code, text, graphics, images, trademarks, service marks, and other elements of the platform (collectively, “RemoteGenies Content”) are owned or licensed by RemoteGenies. You may not modify, copy, distribute, or create derivative works from RemoteGenies Content without our express prior written consent.
9.2 User-Generated Content By submitting, posting, or displaying content on or through the Service, you grant RemoteGenies a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, and display such content in connection with the operation of the Service. You represent and warrant that you have the right to grant such a license and that your content does not violate any laws or infringe the rights of any third party.
9.3 DMCA Compliance If you believe that your copyrighted work has been used on the Service in a manner that constitutes copyright infringement, please provide a notice in accordance with the Digital Millennium Copyright Act (DMCA) to info@remotegenies.com.
10. DISPUTE RESOLUTION
10.1 Internal Dispute Resolution Users shall first seek to resolve disputes through good-faith communication and, if available, RemoteGenies’ internal dispute resolution mechanisms before initiating formal legal action.
10.2 Mandatory Individual Arbitration Agreement
Unless you opt out by notifying us in writing at info@remotegenies.com within 30 days of first agreeing to these Terms, any dispute arising out of or related to this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Venue: Arbitration shall be conducted in Maricopa County, Phoenix, Arizona, unless otherwise mutually agreed.Individual Basis: The parties shall not consolidate or include any dispute as part of a class or representative proceeding.
10.3 Class Action/Jury Trial Waiver To the maximum extent permitted by law, each party irrevocably waives all rights to trial by jury and agrees that no class, collective, private attorney general, or representative action may be asserted. In the event this waiver is deemed unenforceable, the entirety of the arbitration clause shall be null and void.
10.4 Governing Law This Agreement and any related dispute shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict-of-law principles.
11. DISCLAIMERS & NO WARRANTYTHE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND REMOTEGENIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
RemoteGenies does not warrant that: The Service will be uninterrupted, secure, or error-free.Any content or information obtained through the Service is accurate or reliable.The Service will meet your expectations or requirements.All use is at your own risk. RemoteGenies assumes no responsibility for the conduct of Users or the quality, legality, or safety of the services they provide or request.
12. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, REMOTEGENIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, REVENUE, OR DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REMOTEGENIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY LIABILITY IS FOUND DESPITE THE FOREGOING LIMITATION, REMOTEGENIES’ TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO REMOTEGENIES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
13. TERMINATION & SURVIVAL
13.1 Termination by User You may terminate your account at any time by following the instructions provided on the platform or by contacting info@remotegenies.com. Such termination shall not relieve you of any obligations to pay fees accrued prior to the effective date of termination.
13.2 Termination or Suspension by RemoteGenies RemoteGenies may suspend, limit, or terminate your account and/or your access to the Service at its sole discretion for any reason, including breach of this Agreement or any applicable law. RemoteGenies will endeavor to provide notice where feasible.
13.3 Survival All provisions of this Agreement that by their nature should survive termination (including, but not limited to, confidentiality, dispute resolution, indemnification, and limitation of liability) shall remain in full force and effect.
14. CONFIDENTIALITY Users may receive confidential or proprietary information during the course of engaging in a project or contract. Both Clients and Freelancers agree to maintain the confidentiality of such information and to use it only as necessary to perform under their Service Contract or otherwise as required by law.
15. PRIVACY & DATA PROTECTION RemoteGenies handles personal information in accordance with its Privacy Policy, which is incorporated by reference into this Agreement. By using the Service, you consent to the collection, use, and disclosure of your personal information as outlined therein.
16. MISCELLANEOUS PROVISIONS
16.1 Entire Agreement This Agreement, including any policies incorporated herein by reference, constitutes the entire understanding between you and RemoteGenies with respect to the subject matter hereof and supersedes all prior or contemporaneous communications.
16.2 Severability If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the maximum extent permissible.
16.3 Waiver No waiver by RemoteGenies of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
16.4 Assignment You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of RemoteGenies. We may assign or transfer this Agreement without restriction.
16.5 Force Majeure Neither party shall be liable for any delay or failure to perform arising from causes beyond its reasonable control, including acts of God, war, terrorism, strikes, power outages, or governmental actions.
16.6 Notices All notices or other communications required or permitted under this Agreement will be in writing and delivered via email to the address listed in your account profile or by posting on the RemoteGenies website. You are responsible for updating your contact details.
16.7 California Residents Pursuant to California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
16.8 Headings Section headings are provided for convenience only and shall not affect the interpretation of this Agreement.
17. CONTACT INFORMATION If you have any questions, complaints, or claims with respect to this Agreement or the RemoteGenies Service, please contact us at:
Email: info@remotegenies.com
Website: https://www.remotegenies.com
18. ACKNOWLEDGMENT YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOUR CONTINUED ACCESS TO OR USE OF THE SERVICE CONSTITUTES YOUR CONSENT TO BE BOUND BY THIS AGREEMENT.
Thank you for using RemoteGenies. We value your participation and strive to facilitate a reliable and professional freelance marketplace.
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