Terms of Service

Last modified: January 1, 2024

Please read the following carefully. IMPORTANT! These Terms of Service (“Terms”) govern the use and access of this website (the “Site”), our mobile applications (collectively and individually, as context indicates, the “App”) and our services (collectively, the “Services”) which are owned, operated and provided by Veyley Technologies Corporation (“Veyley”, “we”, “our”, “us”).

As a user of our Services (“you,” “your,” or “Client”), please read these Terms carefully before using our Site, App and Services.

In these Terms, “Person” shall be construed as broadly as possible and shall include an individual or natural person, a partnership, a corporation, an association, a joint stock company, a limited liability company, a trust, a joint venture, an unincorporated organization, any other business entity and any governmental entity.

Any Person who wishes to use our Site, App and Services must accept these Terms without change.

By using our Site, App, and Services, you are indicating your acknowledgment and acceptance of these Terms and all related policies and guidelines of this Site, including our privacy policy, as described in these Terms are incorporated by reference. By your use of the Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Veyley (either on your own behalf, or as a duly authorized officer of the corporation that you represent that can bind such corporation to these Terms of Service) and meet all of the foregoing eligibility requirements.

You further represent and warrant that you will only use this Services in accordance with the applicable laws. If you do not meet all of these requirements, you must not access or use the Site or App, and Veyley will not be liable to any Person for any use of the Services contrary to these Terms of Service.

  1. Modifications to Terms

We may change these Terms or any other policies or guidelines governing our Site, App and Services at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on our Site, which shall be notified to you via email listed on your account. Your use of our Site, App and Services will be subject to the most current version of the Terms posted on our Site at the time of such use. Your continued use of our Site, App and Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to any changes to these Terms, please immediately discontinue your use of our Site, App and Services.

  1. Privacy Policy

Please click here to read www.veyley.com/privacypolicy and review our Privacy Policy, which describes our privacy policies and practices in detail, as we may amend such policy from time to time. We advise you to check our Privacy Policy on a frequent basis for changes. You hereby consent to our use of your personal information in accordance with the terms and for the limited purposes described in our Privacy Policy. By agreeing to these Terms, you acknowledge and agree that certain information about you is subject to our Privacy Policy.

  1. About our Services
    • Our Services consist of
      • (i) our web-based Veyley Hire service for Persons (“Principals”), offering work assignmentsooking to connect with freelancers (“Freelancers”) who use our Veyley Freelancer service;
      • (ii) our mobile app Veyley Hire service for Principals, offering work assignments and looking to connect with freelancers who use our Veyley Freelander service;
      • (iii) our web-based Veyley Freelancer service for freelancers looking to connect with Principals who use our Veyley Hire service and who offer work assignments;
      • (iv) our mobile app Veyley Freelancer service for freelancers looking to connect with Principals who use our Veyley Hire service offering work assignments;
    • We use subcontractors and other third-parties to deliver our Services to you, including, without limitation:
      • (i) optional background check verification, including without limitation criminal records check, driver’s abstract check and identification verification, (i) which a Freelancer may post on his/her profile, or (ii) offered by Sterling Backcheck, or another third-party as Veyley may determine from time to time. For clarity, Veyley shall not perform aforementioned background check verification for you as a Freelancer without your explicit consent or confirmation on our application;
    • If you are a Principal, when utilizing the App, Site and Services, you represent and warrant that:
      • (i) you possess, have and maintain all appropriate, up-to-date, valid and required licenses, credentials, approvals, insurance coverage and authorizations for the work assignment listed on your account;
      • (ii) you have obtained all required consents from all applicable individuals as it relates to the collection, use, and disclosure any personal information submitted to our Services;
      • (iii) all information you provide to us or any user of the Services, whether at the time you establish your account or thereafter, is true, accurate and not misleading;
      • (iv) the work assignment listed on your account is on your behalf and not on the behalf of any other person or entity; and
      • (v) YOU HAVE REVIEWED AND AGREED TO THE “TRACKING SOFTWARE TERMS AND CONDITIONS” LOCATED AT www.veyley.com/tracking
    • If you are a Freelancer, when utilizing the App, Site, and Services, you represent and warrant that:
      • (i) you possess, have and maintain all appropriate, up-to-date, valid and required licenses, credentials, approvals, insurance coverage and authorizations to work and render the specific services, as listed on your account;
      • (ii) you will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws;
      • (iii) you have obtained all required consents from all applicable individuals as it relates to the collection, use, and disclosure any personal information submitted to our Services;
      • (iv) all information you provide to us or any user of the Services, whether at the time you establish your account or thereafter, is true, accurate and not misleading;
      • (v) you are using the services on your behalf and not on the behalf of any other person or entity;
      • (vi) you shall not assign or transfer the work assignment obligations to any other person or entity; and
      • (vii) YOU HAVE REVIEWED AND AGREED TO THE “TRACKING SOFTWARE TERMS AND CONDITIONS” LOCATED AT www.veyley.com/tracking
  1. Intended Users

Our Services are meant to be used to connect Freelancers and Principals for individual work assignments, and not for full-time or part-time job placements.

  1. Intellectual Property

You hereby grant to Veyley a non-exclusive, royalty-free, worldwide licence to reproduce, distribute, and otherwise use and display any marks or information containing your intellectual property rights shown on your account (“User IP”) and perform all acts with respect to the User IP as may be necessary for Veyley to provide the Services to you, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to reproduce, distribute, modify, and otherwise use and display User IP.

  1. Your Registration Obligations

You will be required to register and/or set up an account to use certain portions of our Services or App. In order to do so, you may be provided, or required to choose, a password, username, and/or other registration information, including, but not limited to, your personal information (“Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on our Site or App, if available. If we believe that the Registration Information that you provided is not correct, current, or complete, we reserve the right to refuse you access to our Site, Services or App. However, we have no obligation to verify the accuracy, currency completeness or usefulness of any Registration Information that you have provided to us.

  1. Free Account, Fees, and Payment Terms
  2. Subscription and Payment. Unless your account is a Free Account (as defined below), your subscription to the Services, will continue month-to-month unless and until you cancel your membership. You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Unless your account is a Free Account (as defined below), to be subscribed to the Services, you must provide us via Stripe payment services (if you are using web-based services) or Google Pay or Apply Pay, as applicable (if you are using mobile-based services), with a valid credit card (Visa, MasterCard, or any other issuer accepted by Stripe) of a payment provider (“Payment Provider”), or purchase order information, as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing Veyley (via Stripe, Google Pay or Apply Pay payment services) with your credit card number and associated payment information, you agree that Veyley is authorized to immediately invoice your account for all fees and charges due and payable to Veyley hereunder and that no additional notice or consent is required. You agree to immediately notify Veyley of any change in your billing address or the credit card or PayPal account used for payment hereunder. Veyley reserves the right at any time to change its prices and billing methods by e-mail notice to you and to cancel or suspend your subscription for non-payment (see “Automatic Renewal” section below). VEYLEY DOES NOT PROCESS, OR IS RESPONSIBLE FOR, PAYMENT FROM A PRINCIPAL TO A FREELANCER FOR WORK ASSIGNMENT SERVICES PROVIDED BY THE FREELANCER, AND IT IS THE RESPONSIBILITY OF BOTH THE PRINCIPAL AND THE FREELANCER TO DETERMINE HOW SUCH PAYMENT SHALL BE MADE.
  3. Free Account. If you elect to use our Services under a free account (the “Free Account”) we may make certain part of the Services available to you, at our absolute discretion, free of charge. The Free Account shall begin when you submit a registration to us and shall terminate on the date you subscribe to a Subscription Fee Service (as defined below). The Services under the Free Account are provided “as-is” and without warranty of any kind, and Veyley will not have any liability to you whatsoever in connection with your use of the Services under the Free Account. Subject to the terms of “Termination and Return of Data” section below, your data you enter for your Free Account will be permanently deleted after you terminate the Free Account (pursuant to the terms of “Termination and Return of Data” section) unless you have converted to a paid service, in which case data will be retained and deleted in accordance with these Terms (see “Termination and Return of Data” section).

For combinations with other offers, restrictions may apply. Free Accounts are for new and certain former members only. Veyley reserves the right, in its absolute discretion, to determine your Free Account eligibility.

  1. Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) when you elect to pay for the use of the Service (a “Service Commencement Date”). To view the specific details of your membership, including monthly membership price, (i) if you are using the Site, visit hire.veyley.com (if you are using Veyley Hire) or freelancer.veyley.com (if you are using Veyley Freelancer) and click on “Profile”, “Overview” and Change Subscription”; or (ii) if you are using App, click on “Profile”, “Overview” and Change Subscription.” We may authorize your payment through the Payment Provider, including authorizing it up to approximately one month of Services as soon as you register. Except as set forth in the Agreement, all fees for the Services are non-refundable. No contract will exist between you and Veyley for the Services until Veyley accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

We will begin billing your monthly membership when you elect to pay for the use of the Service. We will continue to bill you on a monthly basis for your membership fee until you cancel (see “Automatic Renewal” section below).

  1. Taxes. The payments required under Section 7(c) of this Agreement do not include any sales tax that may be due in connection with the Services. If Veyley determines it has a legal obligation to collect sales tax from you in connection with this Agreement, Veyley shall collect such sales tax in addition to the payments required under Section 7 (c) of this Agreement.
  2. Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Veyley’s then-current price for such subscription. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact (i) Veyley at [email protected] (ii) if you are using the Site, visit hire.veyley.com (if you are using Veyley Hire) or freelancer.veyley.com (if you are using Veyley Freelancer) and click on “Profile”, “Overview” and Change Subscription”, or (iii) if you are using App, click on “Profile”, “Overview” and Change Subscription.” If you wish to cancel your subscription, you may do so by converting your account to Free Account, upon which point you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Veyley to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Furthermore, you may contact [email protected] and request that your Free Account not be publicly visible. Upon renewal of your subscription, if Veyley does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Veyley may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
  3. Username/Password
    • If you register or set up an account on the Site or App, you will be solely responsible for maintaining the confidentiality of any username, password, and similar information. You may not authorize others to use your username, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any Person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
    • If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site, if available. We will not be responsible for the unauthorized use of your profile by any other Person and disclaim any and all liability that may be associated with such use.
    • We have the right to cancel or suspend or terminate your account, your use or your access to the Site, Services or App, as well as remove and delete any information or Registration Information related to the Site or any one of the Services (and terminate your use thereof), for any reason whatsoever and at any time in its sole discretion, without notice and without liability to you or any other Person.
  4. License Grant and Restrictions on Use
    • So long as you comply with these Terms, including payment of all applicable subscription fees, Veyley hereby grants to you a limited, non-exclusive, non-transferable, revocable, non-sublicensable right to download and use the App on a compatible mobile or desktop device and use the Site solely for the purposes of accessing and using the Services. You may not use our Services or App for any other purpose without our express prior written consent.
    • The App is licensed, not sold, to you. Except as expressly provided for in these Terms, Veyley reserves all rights, title and interest in and to the App and Services, including all intellectual property and other proprietary rights.
    • You may not and may not authorize any other party to: (i) co‑brand our Services, Site or App; (ii) frame our Site; or (iii) hyperlink to our Site, without the express prior written permission of an authorized representative of Veyley. For purposes of these Terms, “co‑branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Services, Site and App or which may confuse a user as the nature of the relationship between us and any party. You agree to cease and desist causing any unauthorized co-branding and framing or hyperlinking upon notice from us and at all times you will cooperate with us following our discovery of any such illegal activity.
    • Veyley may, at any time and without notice to you, suspend, disable, limit or terminate access or use of all or part of the Site, App or the Services for any reason and without any liability to you whatsoever. While Veyley takes great care to ensure the Site, App and Services are accurate, errors and/or inaccuracies may occur. Veyley may change or update information on the Services, Site or the App at any time without notice, and availability of the Services, Site or the App. We make no representations that the App or Services are compatible with, or will function or operate with your device or equipment.
  5. Additional Terms for Mobile Users
    • Your use of our App must be in accordance with all third party usage rules and policies that may exist from time to time (“Usage Policies”) applicable to you or your use of our App that may relate to any service provider, mobile device platform or the method you downloaded our App. You are solely responsible for determining the Usage Policies that apply to your use of the App.
    • Your use of the App that Veyley provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App“) or an Android powered mobile device (an “Android App”) requires usage of data services. You acknowledge and agree that you are solely responsible for any and all data fees that your wireless service carrier may charge and any other applicable fees in connection with your use of the iOS App or Android App.
    • You must not use this App on any device that you know or have reason to believe has had its standard protections and limitations have been removed, including, but not limited to a device that has been “rooted” or “jailbroken”.
    • The following additional terms and conditions apply with respect to any iOS App:
      • (i) You acknowledge that these terms are between you and Veyley only, and not with Apple, Inc. (“Apple“).
      • (ii) Your use of Veyley’s iOS App must comply with Apple’s then-current App Store Terms of Service, as applicable.
      • (iii) Veyley, and not Apple, is solely responsible for our iOS App and the Services and content available thereon.
      • (iv) Your use of the iOS App is limited to Apple branded products that you own or control and as permitted by the Usage Policies set forth in the applicable App Store.
      • (v) You acknowledge that Apple has no obligation to provide maintenance and support services whatsoever with respect to our iOS App.
      • (vi) To the maximum extent permitted by applicable law, Apple will have no warranty obligations, whether express or implied by law whatsoever with respect to our iOS App. To the extent not effectively disclaimed, any warranties remain with Veyley. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for iOS App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty will be Veyley’s sole responsibility.
      • (vii) You agree that Veyley, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as provider of the iOS App.
      • (viii) You agree that Veyley, and not Apple, shall be responsible, in the event of any third party claim that the iOS App or your possession and use of our iOS App infringes that third party’s intellectual property rights, and Veyley, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such third party intellectual property infringement claim.
      • (ix) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
      • (x) You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using iOS App).
      • (xi) If you have any questions, complaints or claims regarding the iOS App, please contact Veyley.
      • (xii) The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries to these terms as they relate to your license of Veyley’s iOS App. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
    • The following additional terms and conditions apply with respect to any Android App:
      • (i) You acknowledge that these terms are between you and Veyley only, and not with Google, Inc. (“Google“).
      • (ii) Your use of Veyley’s Android App must comply with Google’s then-current App Store Terms of Service, as applicable.
      • (iii) Veyley, and not Google, is solely responsible for our Android App and the Services and content available thereon.
      • (iv) Your use of the Android App is limited to Google branded products that you own or control and as permitted by the Usage Policies set forth in the applicable Google’s Play Store.
      • (v) You acknowledge that Google has no obligation to provide maintenance and support services whatsoever with respect to our Android App.
      • (vi) To the maximum extent permitted by applicable law, Google will have no warranty obligations, whether express or implied by law whatsoever with respect to our Android App. To the extent not effectively disclaimed, any warranties remain with Veyley. In the event of any failure of the Android App to conform to any applicable warranty, you may notify Google and Google will refund the purchase price for Android App to you and to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Android App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty will be Veyley’s sole responsibility.
      • (vii) You agree that Veyley, and not Google, is responsible for addressing any claims by you or any third party relating to our Android App or your possession and/or use of our Android App, including, but not limited to: (i) any claim that the Android App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as provider of the Android App.
      • (viii) You agree that Veyley, and not Google, shall be responsible, in the event of any third party claim that the Android App or your possession and use of our Android App infringes that third party’s intellectual property rights, and Veyley, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such third party intellectual property infringement claim.
      • (ix) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
      • (x) You agree to comply with all applicable third party terms of agreement when using our Android App (e.g., you must not be in violation of your wireless data service terms of agreement when using Android App).
      • (xi) If you have any questions, complaints or claims regarding the Android App, please contact Veyley.
      • (xii) The parties agree that Google and Google’s subsidiaries are third party beneficiaries to these terms as they relate to your license of Veyley’s Android App. Upon your acceptance of these terms, Google will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of the Android App as a third party beneficiary thereof.
  1. Proprietary Content

The entire contents of our Apps and Site, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, software, code, data, text, displays, the Apps and Site’s “look and feel”, logos, slogans, trade-marks, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the App and Site as a collective work and/or compilation is protected under Canadian copyright, trade-mark, competition and other laws of Canada and other nations, and is owned by us or has been licensed to us. Except as expressly provided in these Terms, nothing contained in this Site and provided by our Services or the Apps should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark, service mark, or any other intellectual property.

  1. Hyperlinks

Our Services, Site and App contain hyperlinks to other sites that are not maintained by, or related to, Veyley. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by Veyley of, any affiliation with or endorsement by the owner of the linked site. We have no control over such third party sites. We are not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to our Services or App. Use of such third party sites, including any information, material and services in these sites, is solely at your own risk. You also understand and agree that our Privacy Policy is applicable only while you are using our Services, Site and App. Once you are linked to another site, you should read the privacy statement of that site before disclosing any personal information.

  1. Sterling Backcheck

A FREELANCER’S ACCOUNT MAY CONTAIN INFORMATION ON SUCH FREELANCER’S BACKGROUND CHECK VERIFICATION RESULTS, PROVIDED BY STERLING BACKCHECK OR ANY THIRD-PARTY BACKGROUND CHECK PROVIDER AS VEYLEY MAY DETERMINE IN VEYLEY’S SOLE DISCRETION (THE “BACKGROUND CHECK PROVIDER”).  USE OR RELIANCE OF SUCH INFORMATION IS SOLELY AT YOUR RISK AND VEYLEY IS NOT RESPONSIBLE FOR THE INACCURACY OF THE BACKGROUND CHECK VERIFICATION RESULT.  YOU ACKNOWLEDGE THAT THE BACKGROUND CHECK VERIFICATION RESULT MAY NOT BE CURRENT, IF THERE HAS BEEN ANY CHANGE SINCE THE MOST RECENT BACKGROUND CHECK VERIFICATION RESULT.  YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER THE BACKGROUND CHECK PROVIDER’S BACKGROUND CHECK SERVICE AND THE USE OF SUCH SERVICE IS WHOLLY GOVERNED BY TERMS OF AGREEMENT WITH THE BACKGROUND CHECK PROVIDER.

  1. Use of our Site, App and Services
    • We expect that you will access and use our Site, App and Services in a professional, responsible and business-like manner in accordance with applicable laws.
    • You represent and warrant that you will use our Site, App and Services only in the context of advertising for temporary work assignment positions (as a Principal) and availabilities (as a Freelancer).
    • You further agree that you must use our Site, App and Services for lawful purposes only and represent and warrant that you will not use our Site, App and Services to:
      • (i) e-mail, provide us with or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      • (ii) e-mail, provide us with or otherwise transmit any information or content that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
      • (iii) remove any proprietary notices or labels, or any promotional or advertising material, from our Site, App and Services;
      • (iv) e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
      • (v) impersonate any Person or entity or misrepresent your affiliation with any other Person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site, App or Services or otherwise communicating with us;
      • (vi) upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site, App or Services’ infrastructure or limits the functionality of any Veyley or third party computer hardware, software, networks, or hardware or telecommunications equipment;
      • (vii) interfere or attempt to interfere with or disrupt our Site, App or Services including but not limited to our servers or networks connected to our Site, App or Services, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Site, App or Services or disobeying any requirements, procedures, policies or regulations of networks connected to our Site, App or Services;
      • (viii) direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;
      • (ix) intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Site, App and Services;
      • (x) modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any of our Services or App (except as may be expressly permitted in these Terms), including but not limited to any portion of our Site;
      • (xi) collect, use, disclose, store or distribute any personal information of a third party without their consent;
      • (xii) transmit any information or Registration Information known by you to be false, inaccurate or misleading;
      • (xiii) transmit any information or Registration Information that is intimate, private or that you would not want the public to view or have access to;
      • (xiv) defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others;
      • (xv) publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
      • (xvi) upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any Person or entity;
      • (xvii) conduct or forward surveys, contests, pyramid schemes, or chain letters;
      • (xviii) imply or state that any statements you make are endorsed by us, without our prior written consent; or
      • (xix) adapt, alter, license, sublicense or translate our Service for your own personal or commercial use.
  1. Feedback.

Veyley may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services (“Feedback”). You agree that Veyley may, in its sole discretion, use the Feedback you provide to Veyley or a third-party information collection agency in any way, including in future modifications of the Site, multimedia works and/or advertising and promotional materials relating thereto, provided that Veyley shall not provide your personal information to any third-party information collection agency. You hereby grant Veyley a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.

  1. Disclaimer of Warranties/Limitation of Liability
    • Veyley represents, warrants and covenants to Client that during the Term: (a) it has the full power and authority to license the rights to Client contemplated hereunder on the terms and conditions in this Agreement; and (b) the Services will be provided in a professional and workmanlike manner in accordance with the terms of this Agreement.
    • You understand that we will use commercially reasonable efforts to provide our Site, App or Services but we cannot and do not guarantee or promise any specific and intended results, including but not limited to financial or commercial, from the use of our Site, App or Services. You acknowledge that any reliance on our Services and App will be at your own risk and that you must evaluate and bear all risks associated with the use of our Services and App. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF AND RESULTS FROM USING OUR SITE, APPS OR SERVICES. YOUR USE OF OUR SITE, APPS AND SERVICES IS ENTIRELY AT YOUR OWN RISK. VEYLEY WILL NOT BE RESPONSIBLE FOR ANY INCORRECT INPUT OF INFORMATION PERTAINING TO A PRINCIPAL, A FREELANCER, OR WORK ASSIGNMENT OPPORTUNITIES/AVAILABILITIES.
    • We do not represent or warrant that files or information available for access or downloading from the Internet, hyperlinked sites, our Site or any files and emails from us will be free of viruses, worms, malware, Trojan horses or other code that may manifest contaminating or destructive properties. YOUR USE OF THE INTERNET IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY INTERNET ACCESS OR OUR SITE, SERVICES, OR APPS.
    • We do not provide T4s or documents related to tax or statutory deduction with respect to employment and/or independent contractor relationship between a Freelancer and a Principal. Any reference in the Services relating to applicable tax rates in each province of Canada shall not be construed as legal advice. No statement in the Terms of Service or the Services provided to you shall be construed as legal or tax advice.  We are not responsible for determining the tax jurisdiction, tax rates, or if a Freelancer would be considered an employee or independent contractor for tax purposes. We are not liable for any payroll taxes obligations or sales taxes (including any penalties and interest for failure to remit) of the Principals or Freelancers.
    • We are not responsible for resolving any dispute between a Freelancer and a Principal, including without limitation payment disputes payment disputes. We are not liable for any dispute between a Freelancer and a Principal. We may, at our own discretion, facilitate the resolution of such dispute; however, our decision to facilitate the resolution shall not mean an admission of any responsibility or liability on our part, and in fact responsibility or liability is specifically and expressly denied. 
    • You acknowledge and agree that we do not supervise, scope, direct, control, or monitor a Freelancer’s work and the duties performed. We may provide the tools, including job search filter, job interview resources, personal scheduler, background verification check, private chat, invoice sender and time and location tracking software, but such provision shall not mean an admission of any responsibility or liability on our part to supervise, scope, direct, control or monitor a Freelancer’s work and the duties performed.
    • You acknowledge and agree that a Principal is solely responsible for determining if a Freelancers it hires is qualified to perform the task or work it retains the Freelancer to perform.
    • You acknowledge and agree that a Freelancer is not our employee, independent contractor or service provider. You acknowledge and agree that a Principal is not our employee, independent contractor, subcontractor or service provider.
    • YOUR USE OF OUR SITE, SERVICES AND APPS IS AT YOUR OWN RISK. OTHER THAN OUR EXPLICIT REPRESENTATIONS AND WARRANTIES OUTLINED HEREIN, OUR SITE, SERVICES AND APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT OF A COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE AVAILABILITY APPROPRIATENESS, COMPLETENESS, ACCURACY, OR CURRENCY OF OUR SITE, SERVICES OR APPS. FOR GREATER CLARITY, WE DO NOT REPRESENT OR WARRANT THAT:
      • (i) OUR SITE, APPS OR SERVICES DO NOT AND WILL NOT INFRINGE, OR BE SUBJECT TO ANY INTELLECTUAL PROPERTY CLAIMS, OR A CLAIM OF INFRINGING THE TRADEMARK OR OTHER RIGHTS OF ANOTHER PARTY;
      • (ii) OUR SITE OR APPS WILL BE UNINTERRUPTED, FUNCTIONAL, SECURE, RELIABLE, ACCURATE, COMPLETE, CURRENT, USEFUL, SUITABLE, SECURE OR ERROR-FREE;
      • (iii) OUR SITE, APPS OR SERVICES WILL BE SUITABLE, ACCURATE, CORRECT, RELIABLE, COMPLETE, TIMELY, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS IN ANY WAY;
      • (iv) ANY DEFECTS IN OUR SITE, SERVICES OR APPS WILL BE CORRECTED; AND,
      • (v) WE HAVE VERIFIED OR ENDORSED ANY THIRD PARTY CONTENT. OUR SITE, SERVICES AND APPS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE, SERVICES AND APPS AT ANY TIME.
    • IN NO EVENT SHALL VEYLEY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS (“ASSOCIATED PERSONS”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF INCOME, LOSS OF PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC OR PERSONAL LOSS ARISING FROM OR IN CONNECTION WITH:
      • (i) YOUR USE OF OR RELIANCE ON ANY INFORMATION PROVIDED BY US ON OUR SITE, SERVICES OR APPS;
      • (ii) YOUR USE OF OR INABILITY TO USE OUR SITE, APPS OR SERVICES;
      • (iii) YOUR VIOLATIONS OF TRADEMARK INFRINGEMENT OR OTHER INTELLECTUAL PROPERTY RIGHTS;
      • (iv) ANY FAILURE OF PERFORMANCE OF OUR SITE, SERVICES AND APPS, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE;
      • (v) THE UNAUTHORIZED USE OF YOUR ACCOUNT AND PASSWORD BY ANY PERSON;
      • (vi) ANY THIRD PARTY CONTENT OR HYPERLINKED SITES;
      • (vii) YOUR REGISTRATION INFORMATION OR INFORMATION THAT YOU TRANSMITTED OR SHARED THROUGH OR IN CONNECTION WITH OUR SERVICES; OR
      • (viii) ANY OTHER MATTERS RELATING TO OUR SITE, SERVICES AND APPS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT WE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES. THE LIMITATIONS ON VEYLEY’S LIABILITY OR THE LIABILITY OF ASSOCIATED PERSONS TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT VEYLEY OR SUCH ASSOCIATED PERSONS HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
    • WE DISCLAIM ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
  2. Indemnity

You agree at all times to defend, indemnify and hold harmless Veyley, its employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of our Site, Services or App, or from your violation of these Terms, including your failure to appropriately obtain consent from a third party, or breach of any of your representations and warranties set out herein. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our Site, Services and App, including but not limited to trademark infringement or other intellectual property claims from third parties.

  1. System Security

You are prohibited from using any services or facilities provided in connection with our Site, Services or App to compromise security or tamper with our system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. We reserve the right to investigate suspected violations of these Terms and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to be violating these Terms.

  1. Dispute Resolution

Any dispute, controversy or claim arising out of or relating to these Terms, including any disputes relating to the Site, Services or App, will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. The arbitration will be conducted by one arbitrator and the seat of Arbitration will be Toronto, Ontario. The language of the arbitration will be English. The decision of the arbitrator shall be final and binding upon the parties hereto.

  1. Governing Law; Jurisdiction

These Terms and any action related thereto or related to our Site, Services or App shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. Subject to Section 19, you agree that any action at law or in equity arising out of or relating to these Terms or your use of our Site, Services or App will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of such courts for the purpose of any such action. Your use of our Site, Services and App is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Site, Services or App in any such circumstances.

  1. Termination and Return of Data

You acknowledge and agree that these Terms shall remain in effect for so long as you use our Site, Services or App. You agree that this agreement can only be terminated by you once you have stopped using our Site, Services or App. We reserve the right to suspend or terminate your use of our Site, Services or App and remove and discard any information or Registration Information related to you and your use of our Site, Services or App at any time, for any reason, with or without cause, if we believe that you are violating these Terms in any way. IF YOU WISH TO TERMINATE YOUR ACCOUNT, YOU MAY DO SO BY CEASING THE USE OF THE SITE, APP AND SERVICES OR BY SENDING US A NOTIFICATION, AFTER CONVERTING YOUR ACCOUNT INTO A FREE ACCOUNT. If you are dissatisfied with our Site, Services or App, including these Terms, your sole remedy is to discontinue using our Site, Services or App by ceasing to use the Site and App, which includes ceasing to use the Services.

Upon written request by Client by sending an email to [email protected], we will make Veyley Hire or Veyley Freelancer available to Client through the Service on a limited basis solely for purpose of Client retrieving the Registration Information or information (“Client Data”) on the Client’s account for a period of up to thirty (30) days after such request is received by Veyley. After such period, Veyley will have no obligation to maintain or provide any Client Data and will thereafter, unless legally prohibited, delete all such information; provided however, Veyley or its subcontractors will not be required to remove copies of Client Data from its backup media and servers until such time as the backup copies are scheduled to be deleted, provided further that in all cases Veyley will continue to protect the Client Data in accordance with this Agreement.  Furthermore, you may contact [email protected] and request that your Free Account not be publicly visible.  Notwithstanding the foregoing, Veyley shall retain your personally identifiable information to the extent required to invoice you for the use of Veyley’s services.

Notwithstanding any provision in these Terms, all information on the Client’s account, including personally identifiable information, shall be deleted on the earlier of (i) the 7th anniversary of the termination of the Client’s account, or (ii) the date Veyley is required to delete such information pursuant to the applicable laws.

  1. Entire Agreement

These Terms and any of our other legal notices, policies and guidelines linked to these Terms constitute the entire agreement between you and Veyley relating to your use of our Site, Services and App and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on our Site.

  1. No Agency; Third Party Beneficiary

We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any Person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you, Veyley and the Associated Persons.

  1. Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent. Veyley may assign these Terms and the rights and obligations granted hereunder without your consent.

  1. Severability

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree

 that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

  1. No Waiver

We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

  1. Headings

The headings used in these Terms are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms.

  1. Language

You agree that English will be the language of our Site and of all transactions occurring in connection with our Services and App, and you agree to waive any right to use and rely upon any other language or translations. You acknowledge that it is your express wish that these Terms have been drawn up in English.

  1. Last Modified

These Terms were last modified on [January 1st,2024].