Last Revised: July 15, 2026

Version: 2.1

These Terms of Use (the “Terms” or “Agreement”) constitute a binding agreement between Spotwork, Inc., a Delaware corporation, its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively “Spotwork” “us” or “we”) and the individual, entity, organization, or company on whose behalf you are accepting these Terms (“Requester” or “you”).  These Terms govern your use of the Spotwork platform, including the Spotwork website, mobile applications, and related services (collectively, “Service”).

The Service is a technology platform that enables businesses seeking services (“Requesters”) to connect with independent professionals (“Professionals”) who may provide services to Requesters. Spotwork does not itself provide professional services and is not a party to any agreements between Requesters and Professionals for the performance of services.

By accessing or using the Service, you represent and warrant that you are authorized to accept these Terms on behalf of the Requester and that you agree to be bound by these Terms.

These terms incorporate by reference the Spotwork End User License Agreement (“EULA”) and the Spotwork Privacy Policy (the “Privacy Policy”), each of which is available at www.spotwork.co.

If there is a conflict between these Terms and the EULA or Privacy Policy, these Terms will control solely with respect to the subject matter herein. You and Spotwork may each be referenced in this Agreement as a “Party” or together as the “Parties”.

We may amend these Terms from time to time. Any amendments will be effective upon Spotwork’s posting of such updated Terms on our websites or through our Service (including our mobile applications). Your continued access to or use of the Service following such posting constitutes your acceptance of the amended Terms.

1. Spotwork is Solely a Venue for Communications. Spotwork provides the Service as an online communications platform for enabling the connection between individuals seeking to obtain services (“Requesters”) and independent professionals seeking to provide services (“Professionals”).

The Service is a technology platform that enables Requesters and Professionals to connect and arrange for the performance of Projects directly with one another.

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 or Projects.  The provision of all professional services is up to the Professionals, which may be scheduled through use of the Service.

Spotwork offers information, and a platform for Requesters to obtain services from Professionals, but Spotwork does not perform, control, or guarantee the performance of any services provided by Professionals.

Any agreement for the performance of Projects (as defined below) is solely between the applicable Requester and Professional.

Spotwork is not a party to any agreement between a Requester and a Professional and shall not be responsible for the performance or non-performance of any services or Projects.

Spotwork and you intend for Professionals to provide services to Requesters as independent contractors, and not as employees, workers, agents, joint ventures, partners or franchisees of Spotwork or the Requester for any purpose.

2. Projects.

2.1 The Service allows you to propose projects (“Projects”) for selection by Professionals. When posting a Project, you must include the proposed skills, location, date (as applicable), start time (as applicable), Project length (as applicable), rate of pay, and required certifications (together, the “Project Details”).  You are solely responsible for the accuracy and completeness of all Project Details.

2.2 You will have the opportunity to review Professionals who express interest for the Project and retain full discretion regarding the selection of the Professional you would like to complete the Project. Once a Professional accepts a Project through the Service, then the Professional will be solely responsible for completing the Project; provided, however, that if Spotwork is notified within a reasonable amount of time that the Professional selected by Requester is unable to complete the Project, Spotwork will re-distribute the Project to other Professionals as soon as reasonably possible.  Spotwork does not guarantee that any Project will be accepted by a Professional or that a replacement Professional will be available.

2.3 Spotwork has no control or any right to control the manner or means by which Professionals complete Projects. Spotwork does not warrant or guarantee the content, completeness, reliability or veracity of the information posted by the Professional via the Service, including the Spotwork website or mobile phone application. The Requester assumes all risk and liability with respect thereto and hereby releases and holds Spotwork harmless from all related liability, errors and omissions.  Spotwork does not screen, evaluate, supervise, or control the conduct of Professionals and does not guarantee the qualifications, suitability, legality, or ability of any Professional to perform a Project.

2.4 Spotwork does not warrant or guarantee any Professional’s physical presence on the Project once retained nor does Spotwork warrant or guarantee the successful completion of a Project by the Professional. The Requester hereby releases and holds Spotwork harmless from all related liability.  Requester acknowledges that all services performed in connection with a Project are performed solely by the applicable Professional and not by Spotwork.