Last Revised: July 30, 2026
Version: 1.4
This Professional Agreement (the “Agreement”) is a binding agreement between Spotwork, Inc., a Delaware corporation (“Spotwork” “us” or “we”), , and the individual or business professional accepting this Agreement (“Professional” or “you”). This Agreement governs your access to and use of the Spotwork platform, including the Spotwork website, mobile applications, and related services (collectively, the “Service”), through which Professionals may connect with businesses seeking services (“Requesters”). This Agreement incorporates by reference the Spotwork End User License Agreement (“EULA”) ((https://support.spotwork.co/end-user-license-agreement-us), and the Spotwork Privacy Policy (“Privacy Policy”) (https://support.spotwork.co/privacy-policy). If there is a conflict between this Agreement and the EULA or Privacy Policy, this Agreement will control solely with respect to the subject matter herein. The parties hereby agree as follows:
AS FURTHER DESCRIBED BELOW IN SECTION 16, THESE TERMS REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ IT CAREFULLY.
Spotwork may update this Agreement from time to time. If we make material changes, we will provide notice through the Service or by other reasonable means. Unless otherwise stated, updates will become effective when the revised Agreement is posted through the Service, and such posting will constitute notice of the changes. Your continued access to or use of the Service after the updated Agreement becomes effective constitutes your acceptance of the revised Agreement. If you do not agree to the revised Agreement, your sole remedy is to stop using the Service.
Aviso: El siguiente es un contrato legal redactado en inglés. Si no lo entiende completamente, le recomendamos que no lo acepte. Si desea recibir una copia del contrato en español para revisarlo, con gusto se la proporcionaremos. Envíe un correo electrónico a [email protected] para solicitarla. Si acepta este contrato, usted reconoce que ha tenido la oportunidad de revisarlo y acepta quedar sujeto a sus términos. En caso de conflicto entre cualquier traducción al español y la versión en inglés, prevalecerá la versión en inglés.
1. Independent Professional. Professional acknowledges and agrees that they are an independent business and are entering into this Agreement as an independent contractor. Professional uses the Service as a marketplace and communications platform to identify potential opportunities with third parties seeking services (“Requesters”). Professional retains full discretion to determine whether to express interest in, accept, or perform any Project. Nothing in this Agreement requires Professional to accept any Project, to be available at any particular time, or to perform services for any minimum number of hours. Professional further acknowledges and agrees that: (a) Professional operates an independent business and is responsible for determining how to perform any services provided to Requesters; (b) Professional may provide services through other platforms or directly to clients, including competitors of Spotwork; (c) Spotwork does not control or direct the manner, means, timing, or method by which Professional performs services for any Requester; and (d) Spotwork provides only a technology platform that facilitates connections between Professionals and Requesters.
2. Spotwork Platform; No Provision of Services. Spotwork provides the Service as a technology platform that enables independent professionals (“Professionals”) to connect with Requesters. Spotwork does not itself provide professional services and does not employ Professionals. Spotwork does not supervise, direct, control, or monitor the manner or means by which Professionals perform any services for Requesters. Professionals and Requesters are solely responsible for negotiating, agreeing to, and performing any services arranged through the Service. Any agreement for the performance of services or projects is solely between the applicable Professional and Requester. Spotwork is not a party to any agreement between Professionals and Requesters and does not guarantee the quality, safety, legality, or completion of any services performed by a Professional. Nothing in this Agreement creates any obligation for Spotwork to provide Professional with any minimum number of Projects or opportunities. Spotwork does not set or control the compensation paid for Projects, except as may be displayed or facilitated through the Service.
3. Projects.
3.1 Project Opportunities. From time to time, Requesters may post proposed services opportunities through the Service (each a, “Project”). A Project may include information such as the desired skills, location, date, start time, project length, pay rate, and any required certifications (collectively, the “Project Details”). If a Project becomes available in a location or category you have selected through the Service, you may be notified of the opportunity. You may choose, in your sole discretion, whether to express interest in the Project. If you accept a Project and are selected by the Requester, you are responsible for performing the services described in the applicable Project Details, unless otherwise agreed between you and the Requester. Spotwork does not guarantee that any Projects ****will be available to you at any time. Further, Spotwork does not guarantee that any Project will be accepted by a Professional or that any Professional will be selected by a Requester.
3.2 Professional Information. You acknowledge that certain information about you, including your name, contact information, certifications, eligibility to work and other information relevant to the Project Details may be made available to the Requester through the Service in connection with a Project. Depending on the nature of the Project, the Requester or Spotwork may require that you provide proof of certain permits, licenses, or certifications necessary to perform the services. Requesters may provide ratings or feedback regarding completed Projects, which may be displayed through the Service.
3.3 Control of Work. Spotwork does not control or have the right to control (a) when you access or use the Service, (b) whether or when you express interest in or accept any Project, (c) the Project Details established by a Requester, (d) the compensation paid for any Project, (e) whether you are selected for a Project, or (f) the manner or means by which you perform services for a Requester. You and the Requester are solely responsible for negotiating and determining the Project Details, including when and where services will be performed and any additional bonuses or gratuities arising out of such services. You are solely responsible for costs or expenses incurred in connection with the performance of services for a Project.
4. Accounts and Registration. In order to use the Service, you must register for and maintain an account through the Service. When registering for an account, you may be required to provide information about yourself or your business, including your name, address, phone number, e-mail address, and payment or banking information. You represent and warrant that all information you provide to Spotwork is accurate, current, and complete, and you agree to keep such information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not allow any other person to access or use your account, and you may not transfer your account to any other individual or entity without Spotwork’s prior written consent. If you have reason to believe that your account credentials have been lost, stolen, or compromised, or that your account has been accessed without authorization, you must immediately notify us at [email protected]. Spotwork reserves the right to suspend or terminate accounts that violate this Agreement or that present a security or legal risk to the Service.
5. Payments.
5.1 Payment Service Provider. Payments for Projects are processed through a third-party payment service provider retained by Spotwork (the “Payment Service Provider” or “PSP”). In order to receive payment for Projects, you may be required to register with the PSP and agree to the PSP’s applicable terms of service. Spotwork is not a party to the PSP agreement and is not responsible for the PSP’s acts or omissions.
5.2 Project Payments. Requesters are responsible for paying the compensation associated with each Project (the “Project Payment”). After confirmation through the Service that a Project has been completed, the PSP will process the Project Payment and transfer the applicable funds to you, less any applicable platform fees owed to Spotwork. Spotwork acts solely as a technology platform facilitating connections between Professionals and Requesters and, where applicable, as a limited payment collection agent for the purpose of transmitting payments through the PSP. Spotwork may place a hold on payments where fraud or disputes are suspected.
5.3 Taxes You acknowledge that you are solely responsible for all applicable federal, state, and local taxes arising from Project Payments you receive, including income taxes, self-employment taxes, and any required social security, disability or other statutory contributions. Spotwork will not withhold any taxes on your behalf. To the extent required by applicable law, Spotwork may report Project Payments made to you by filing IRS Form 1099-NEC or other required tax reporting forms. You consent to electronic delivery of any such tax forms. You agree to comply with all applicable federal, state, and local laws governing self-employed individuals, including laws relating to taxation, licensing, reporting, and required statutory contributions. You further agree to indemnify and hold Spotwork harmless from any tax liabilities, penalties, interest, or other amounts incurred by Spotwork arising from or relating to your failure to comply with such obligations.
5.4 Non-Payment By Requesters. Spotwork does not guarantee payment for any Project and is not responsible for any failure by a Requester to pay the Project Payment. Any disputes regarding payment are solely between you and the applicable Requester.
5.5 Failure to Perform Accepted Projects. If you accept a Project and fail to appear for or perform the Project without providing reasonable notice through the Service, Spotwork may, in its reasonable discretion, impose a non-performance fee or adjust payments otherwise payable to you, including by withholding up to four (4) hours of the applicable Project Payment. Nothing in this Section limits any other remedies available under this Agreement.