Last Revised: September 30, 2026
Version 2.1
These Terms of Use between Requester (as defined below) & Spontaneous Paid Opportunities Today Inc. for use of Spontaneous Paid Opportunities Today Inc. Service (the “Terms” or “Agreement”) constitutes a binding agreement between the individual, entity, organization, or company (“Requester”) on whose behalf you are accepting this Agreement (“you”) and Spontaneous Paid Opportunities Today Inc. (“Spotwork” “us” or “we”) governing your use of the Service (as defined in the Spotwork End User License Agreement available online at www.spotwork.co) to be connected to independent professionals seeking to provide freelance services (“Professionals”). You hereby agree: (a) to comply with this Agreement; (b) that you have read, understand, and agree to (i) the Spotwork End User License Agreement (“EULA”)(available online at www.spotwork.co), (ii) the Spotwork Privacy Policy (the “Privacy Policy”)(available online at www.spotwork.co), each of which are incorporated into this Agreement by reference, and (c) that you are an authorized representative of the Requester, have the authority to bind the Requester to this Agreement, and agree to be bound by this Agreement on behalf of the Requester. If there is a conflict between this Agreement and the EULA or Privacy Policy, then this Agreement will govern with respect to the conflicting terms only. Capitalized terms used but not defined in this Agreement have the meaning specified in the EULA.
AS FURTHER DESCRIBED BELOW, THIS AGREEMENT 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.
By using any part of our Services, or by clicking to accept this Agreement when the option is made available to you, you agree to be bound by this Agreement, the EULA and Privacy Policy, where incorporated herein by reference. 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 (www.spotwork.co) or through our Services (including our mobile applications). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. Where an amendment is material, Spotwork will endeavour to notify you by e-mail or through the Service, and may require you to accept the amended Terms before you continue to use the Service. The parties hereby agree as follows:
1. Spotwork is Solely a Venue for Communications. Spotwork is a communications platform for enabling the connection between you and Professionals. Spotwork does not itself provide freelance services to you. Spotwork does not employ the Professionals or commit in any way to assign them work, whether with you or anyone else. Spotwork offers tools, information, and a method for you to obtain services directly from Professionals, but does not provide such freelance services (or intend to provide them). Spotwork and you intend for Professionals to provide services to you 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 (“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. Spotwork does not select Professionals on your behalf, and any information, ratings or other indicators displayed through the Service are provided for convenience only and are not a recommendation as to the suitability of any Professional for any particular Project. Once a Professional accepts a Project through the Service, then the Professional will be solely responsible for completing the Project.
2.3 As a communications platform, 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 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.
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.
3. Accounts and Registration. You must register for an account on the Service. When you register for an account, you may be required to provide us with some information about yourself (such as your name, address, phone number, and email address). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us at [email protected].
4. Payments. Requesters and Professionals using Spotwork contract for Projects directly with each other. Spotwork is not a party to any contracts for Projects. Spotwork facilitates these contracts by supplying a medium (mobile and desktop application) through which you can connect with Professionals, schedule Projects, and make payments for Projects. In this regard, you appoint Spotwork as your limited agent for the sole purpose of facilitating payments for Projects, but you ultimately retain control over payments (whether they are made, the rate at which you pay, and any other details provided by you and implemented by Spotwork). You will be required to provide credit card details or send monies via wire transfer, direct deposit or other money instruments directly to the Payment Service Provider retained by Spotwork (the “PSP”). You will be responsible for paying the invoice for each Project (the “Invoice”), which will include the pricing terms of the Project agreed with and provided by the Professional (“Project Payment”). After Spotwork receives confirmation through the Service that you have selected a Professional for a Project, you authorize Spotwork, as your agent, to provide your payment details to the PSP for pre-authorized processing (payment by credit card) or processing of the Project Payment amount. After Spotwork receives confirmation through the Service that a Project has been completed, you authorize Spotwork to provide your payment details to the PSP for processing of the Project Payment amount. You may be charged a cancellation fee through the PSP if you book a Project, but cancel it before it is completed, as set forth in Section 4.1.3 and the Project pricing terms. Spotwork reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Project Payment, or (ii) refund, provide credits or arrange for the PSP to do so.
4.1 System Access Fee & Late Interest Charges
4.1.1 You authorize us to instruct the PSP to process the Project Payment amount plus a system access fee, which is our charge for the administrative and technology platform services provided. The system access fee is 30% of Project Payment unless otherwise agreed to in writing or e-mail. Payment of the Project Payment and system access fee is due within 10 business days of Project completion, unless other terms are agreed to in writing or e-mail.
4.1.2 Requester will pay interest on any unpaid amount beyond the 10 business days at the interest rate of 12% per annum, compounded daily (an effective annual rate of approximately 12.75%), on all amounts outstanding (including the Project Payments and the system access fee), unless agreed to other terms in writing or e-mail, together with all reasonable costs of collection, including reasonable legal fees.
4.1.3 If Project is cancelled by the Requester within 24 hours of Project start time, the Requester will pay a cancellation fee equal to 50 percent of the prorated Project Payment amount, plus the system access fee calculated on that cancellation fee. No cancellation fee is payable where the Professional fails to attend the Project.
4.1.4 All amounts are stated and payable in Canadian dollars unless otherwise agreed in writing or e-mail, and are exclusive of applicable taxes, including GST, HST and QST, which Requester will pay in addition where applicable.
5. Interactions with Professionals. Any interactions or disputes between you and a Professional are solely between you and that Professional. Spotwork and its licensors will have no liability, obligation or responsibility for any interaction between you and any Professional.