Public Offer and Terms of Service

These Public Offer and Terms of Service (hereinafter - the "Terms") govern access to and use of the website DitWork, located at https://ditwork.com, including all of its pages, subdomains, interfaces, software, communication tools, internal balances, Connect functionality, account features, payment tools, payout tools, digital services, and any related products and services made available by DitWork (hereinafter - the "Site", the "Platform", or the "Service"). By visiting, registering on, browsing, publishing on, sending proposals through, paying through, receiving funds through, requesting a payout through, or otherwise using the Platform, any natural person, legal entity, representative, freelancer, contractor, customer, client, or other user (hereinafter - the "User") confirms that such User has fully read, understood, and accepted these Terms and agrees to be legally bound by them.

DitWork operates a technology platform and online marketplace intended to facilitate interaction between clients and freelancers in different countries and jurisdictions. The Platform acts only as an intermediary, technology provider, marketplace operator, and provider of Platform Services. Unless expressly stated otherwise by the Administration in writing or unless mandatory law provides otherwise, DitWork is not the employer of any User, is not a staffing agency, is not a recruitment agency, is not an insurer, is not a bank, is not a regulated escrow institution, is not a fiduciary, is not a guarantor of any transaction, and is not responsible for the conduct, quality, legality, timing, delivery, solvency, identity, or actual results of Users. The Administration may use commercially reasonable efforts to operate, secure, improve, and support the Platform, but does not guarantee any specific result, transaction outcome, payment outcome, payout timing, commercial success, or legal effect for any User.

1. Definition of terms

1.1. The following terms are used in these Terms:
1.1.1. "Administration", "Site Administration", "Platform Administration", or "We" means the persons authorized to manage, administer, maintain, support, moderate, secure, and operate the website DitWork and to establish and enforce rules governing its use.
1.1.2. "Platform" means the website https://ditwork.com, all of its subdomains, technical systems, user accounts, internal messaging tools, content, software code, databases, Connect mechanics, payment and payout-related functions, and all related services provided by DitWork.
1.1.3. "User" means any person or legal entity who accesses or uses the Platform in any way.
1.1.4. "Client" means a User who posts a project, task, request, brief, vacancy, Order, or any request for services from another User.
1.1.5. "Freelancer" means a User who submits a proposal, bid, response, or offer, or performs services, work, deliverables, or consultations for a Client through or in connection with the Platform.
1.1.6. "Order" means any project, task, proposal, accepted proposal, engagement, contract, arrangement, deal, transaction, or commercial relationship initiated, negotiated, accepted, paid for, or performed through or in connection with the Platform.
1.1.7. "Platform Services" means access to the Platform, use of account functions, publication of projects, sending of proposals, internal messaging, moderation, rankings, content hosting, internal balance, payment-related functions, payout-related functions, Connect mechanics, support, dispute tools, and any other digital functionality provided by the Platform.
1.1.8. "User Content" means any information, text, files, messages, images, portfolios, project descriptions, offers, profile materials, reviews, comments, links, invoices, payout details, and any other content submitted, stored, displayed, uploaded, transmitted, or otherwise made available by a User on or through the Platform.
1.1.9. "Commission" means the fee charged by the Platform for intermediary and Platform Services in relation to an Order. Unless otherwise expressly indicated by the Platform for a specific service, tariff, or promotion, the standard Platform commission is ten percent (10%) of the gross amount of the relevant Order.
1.1.10. "Gross Order Amount" means the full amount agreed between the Client and the Freelancer before deductions, fees, taxes, charges, currency conversion, or any other offsets.
1.1.11. "Balance" means the internal non-bank record maintained by the Platform reflecting amounts credited, debited, reserved, held, adjusted, or otherwise displayed in a User account for Platform purposes. The Balance is a Platform accounting tool only and does not constitute a bank account, deposit, electronic money account, trust account, or property right unless mandatory law expressly provides otherwise.
1.1.12. "Payout" means the withdrawal, transfer, remittance, or disbursement of an eligible amount from the User's available Balance through a payout method supported by the Platform or its third-party partners.
1.1.13. "Payout Fee" means any additional fee, commission, provider charge, bank charge, network charge, intermediary deduction, currency conversion charge, or administrative fee applicable to a Payout depending on the selected payout method, country, currency, provider, bank, card, wallet, routing, or compliance profile.
1.1.14. "Connect" means an internal, limited, non-transferable digital unit of Platform functionality used to submit one proposal, bid, response, or offer to one project or Order through the Platform.
1.1.15. "Monthly Connect Allocation" means the number of Connects made available by the Platform to a User for a calendar month according to the User's seller level, tariff, status, internal rules, promotions, or other criteria determined by the Administration.
1.1.16. "Additional Connects" means Connects purchased or otherwise additionally granted beyond the Monthly Connect Allocation.
1.1.17. "Off-Platform Communication" means any communication, transfer of contact data, discussion, correspondence, negotiation, call, meeting, or exchange outside the official communication tools of the Platform, including by email, telephone, SMS, messenger application, video meeting service, social network, community, external site, external marketplace, personal page, or any similar third-party service.
1.1.18. "Refund" means any return, reimbursement, reversal, repayment, restoration, or cash compensation of previously paid amounts initiated by the Platform, other than an eligible Payout from the User's available Balance under the Platform rules.
1.1.19. "Applicable Law" means any law, regulation, order, decree, sanction, court ruling, tax requirement, consumer rule, export control, anti-money laundering requirement, or other legal requirement applicable to the User, the Platform, or the relevant transaction.
1.1.20. "Support Service" means the support channel available at https://ditwork.com/en/support.
1.1.21. "Electronic Acceptance" means acceptance of these Terms by registration, clicking a checkbox, clicking a button, making a payment, sending a proposal, requesting a payout, continuing to use the Platform, or any other electronic action indicating agreement with these Terms.

2. General provisions

2.1. These Terms constitute a public offer to all Users of the Platform.
2.2. Electronic Acceptance of these Terms creates a legally binding agreement between the User and DitWork regarding the use of the Platform and Platform Services.
2.3. If the User does not agree with any part of these Terms, the User must immediately stop using the Platform.
2.4. These Terms apply worldwide to the maximum extent permitted by Applicable Law. If mandatory law in a particular jurisdiction grants a User non-waivable rights or imposes non-waivable obligations that differ from these Terms, such mandatory law shall prevail only to the minimum extent legally required, and all remaining provisions of these Terms shall remain in full force and effect.
2.5. The Platform may publish additional policies, fee schedules, payout rules, Connect rules, moderation rules, content rules, sanctions rules, anti-fraud rules, community rules, and technical notices. Such documents form an integral part of these Terms.
2.6. The Administration may amend, supplement, restate, or replace these Terms at any time. The updated version becomes effective from the moment of publication on the Platform unless another effective date is expressly stated.
2.7. Continued use of the Platform after publication of updated Terms constitutes acceptance of the updated Terms.
2.8. The Administration may refuse access to the Platform, limit functionality, limit available countries, limit payment methods, limit payout methods, limit communication tools, or refuse particular categories of Users, projects, businesses, or regions for legal, compliance, operational, reputational, payment-provider, sanctions, or security reasons without liability.
2.9. Each User is solely responsible for compliance with the laws of the User's country of residence, place of business, or actual activity, as well as all laws applicable to the User's orders, services, payments, taxes, export restrictions, sanctions restrictions, and receipt of services through the Platform. The Administration may restrict or terminate access to the Platform, individual functions, payment methods, payout methods, service categories, countries, territories, or regions for legal, sanctions, compliance, technical, operational, or other reasonable grounds.
2.10. The Platform is intended for lawful commercial and professional interaction. The User is solely responsible for understanding whether use of the Platform is permitted in the User's country and for complying with all local requirements.

3. Legal nature of the Platform and status of the parties

3.1. The Platform provides informational, technological, organizational, and intermediary services solely for the purpose of publishing orders, connecting Clients and Freelancers, enabling communications, facilitating the conclusion of transactions between Users, and ensuring the operation of the Platform's digital interface.
3.2. The Platform acts solely as an agent and intermediary connecting the Client and the Freelancer and is not a party to the contract for works, services, delivery of work results, transfer of rights in the work result, or any other obligations arising directly between the Client and the Freelancer, unless the Platform expressly states otherwise in a separate written agreement.
3.3. The contract for works or services is concluded directly between the Client and the Freelancer. The Client and the Freelancer independently determine the subject matter of the order, the scope of work, deadlines, price, acceptance procedure, and all other material terms of their transaction.
3.4. The Platform is not an employer, contractor, subcontractor, staffing agency, recruitment agency, bank, payment institution, electronic money issuer, escrow service, trustee, or other financial organization in relation to dealings between the Client and the Freelancer.
3.5. The Platform's remuneration for its intermediary, technical, organizational, and service functions is 10% of the value of a successful Order, unless a different commission amount is expressly established by the Platform's rules, a special tariff, a promotion, or a separate agreement.
3.6. For the purposes of these Terms, a successful Order means an Order under which the work result has been accepted by the Client, or an Order which, under the Platform's rules, is deemed completed, performed, or subject to settlement between the parties.
3.7. The Platform's income consists solely of the Platform Commission and any other service payments expressly provided for by these Terms, tariffs, or the Platform's rules.
3.8. The Platform does not acquire ownership rights in the Freelancer's work result, does not assume the Client's obligations to pay for the work result, and does not assume the Freelancer's obligations regarding the quality, timing, legality, or fitness of the work result, except for the Platform's own obligations relating to its intermediary and technical services.
3.9. All negotiations, agreement on terms, discussions of price, discussions of deadlines, transfer of materials, support of Order performance, acceptance of the result, discussions of payment, and any other communications related to a potential or current Order must be conducted exclusively through the Platform's official communication tools unless the Platform expressly authorizes otherwise in writing.
3.10. Any attempt to move the Client, the Freelancer, negotiations, discussion of terms, payment, delivery of the result, or any other actions related to an Order to another platform, messenger, social network, external website, or other third-party service for the purpose or with the effect of bypassing the Platform, bypassing its rules, or depriving the Platform of its Commission shall constitute a material breach of these Terms and may result in temporary restriction, permanent account blocking, cancellation of functionality, withholding of available amounts pending review, and any other measures provided for by the Platform's rules.
3.11. The Platform may engage third parties, banking partners, payment providers, technical partners, contractors, and service providers to support technical processes, verification procedures, anti-fraud checks, communication infrastructure, and settlement-related operations.

4. Registration, account, verification, and security

4.1. Certain Platform Services require registration of a User account.
4.2. By registering on the Platform, the User represents and warrants that all information provided is true, accurate, current, complete, and not misleading.
4.3. If the User acts on behalf of a company, organization, or other legal entity, the User represents and warrants that the User has authority to bind such entity to these Terms.
4.4. The Administration may at any time request identity verification, age verification, address verification, business verification, tax verification, source-of-funds verification, payment method verification, payout method verification, or any other information necessary for security, compliance, anti-fraud, payment processing, sanctions screening, or operational reasons.
4.5. The Administration may suspend, restrict, review, or terminate an account if the requested information is not provided, cannot be verified, appears inaccurate, appears fraudulent, creates risk, or is otherwise unacceptable to the Administration or to a third-party provider.
4.6. The User is solely responsible for preserving the confidentiality of login credentials, devices, passwords, verification codes, and other access tools. All actions performed through the User's account are deemed performed by that User unless mandatory law requires otherwise.
4.7. The User must immediately notify the Administration through the Support Service of any unauthorized access, suspected account compromise, credential theft, or suspicious activity.
4.8. The Administration has the right, but not the obligation, to monitor account activity, investigate suspicious conduct, use automated risk systems, and take protective or enforcement measures it deems appropriate.
4.9. The User understands and agrees that breach of the Platform rules, including communication rules, non-circumvention rules, payment rules, payout rules, Connect rules, anti-fraud rules, or moderation rules, may lead to temporary suspension, permanent blocking, delay of payout, cancellation of Connects, loss of access to the account, restriction of messaging, or other protective actions by the Administration, subject to mandatory law.

5. Orders, proposals, communication rules, and Connects

5.1. A Client may publish a project, task, request, or Order on the Platform, and a Freelancer may respond to such project, task, request, or Order by sending a proposal, bid, response, or offer through the Platform.
5.2. Each User is solely responsible for the accuracy, legality, feasibility, completeness, and lawfulness of the information published by such User, including project descriptions, offers, deadlines, budgets, files, deliverables, and messages.
5.3. The Platform does not guarantee that any proposal will be accepted, that any project will be awarded, that any transaction will be successfully completed, or that any User will behave lawfully or in good faith.
5.4. All negotiations, clarifications, briefing, file exchange, revisions, support, project discussion, payment discussion, delivery discussion, and dispute-related communication connected with any current or potential Order must be conducted exclusively through the official communication tools of the Platform unless the Administration expressly authorizes otherwise in writing.
5.5. Users are strictly prohibited from requesting, offering, posting, disguising, transmitting, or exchanging external contact information for the purpose or effect of moving communication outside the Platform, including email addresses, phone numbers, messenger usernames, social media accounts, meeting links, external profile links, wallet addresses, or any other direct contact details.
5.6. Any attempt to move a Client, Freelancer, project, negotiation, support process, payment flow, or business relationship to another platform, marketplace, messenger, social network, external site, or other third-party service may be treated as a material breach of these Terms.
5.7. The Administration may, in its sole discretion, suspend or permanently block a User, restrict messaging, cancel or hold balances, delay or refuse payout, cancel Connects, or apply any other available remedy if the User engages in Off-Platform Communication, attempts to bypass Platform communication rules, or attempts to take a Client or Freelancer away from the Platform.
5.8. The Platform uses an internal Connect system. Unless expressly indicated otherwise on the Platform, submission of each proposal, bid, response, or offer to one project or one Order requires one (1) Connect. Therefore, two proposals generally require two Connects, and so forth.
5.9. The number of Connects available to a User is limited and may depend on the User's seller level, tariff, account status, promotions, internal rules, or other criteria determined by the Administration.
5.10. Unless otherwise expressly indicated by the Platform for a particular User category or program, the standard monthly Connect limit may be set at five (5) Connects per calendar month.
5.11. On the first day of each calendar month, the User's Connect balance may be refreshed, recalculated, renewed, or reset according to the Platform rules effective on that date.
5.12. Unless expressly stated otherwise by the Platform, unused monthly Connects do not roll over to the next month and expire automatically at the end of the relevant calendar month without reimbursement, compensation, or conversion into cash, except where mandatory law expressly requires otherwise.
5.13. The Platform may permit the User to purchase Additional Connects for an extra fee. Unless expressly stated otherwise on the relevant purchase page or pricing page, purchased Additional Connects are valid only until the end of the current calendar month in which they were purchased and expire automatically at the end of that month without refund, reimbursement, compensation, or conversion into cash, except where mandatory law expressly requires otherwise.
5.14. Connects, including Monthly Connect Allocation and Additional Connects, are licensed for limited use within the Platform only, have no cash value, are not electronic money, are not property, are not a deposit, are not redeemable for cash, and may not be transferred, sold, gifted, exchanged, assigned, inherited, pledged, or otherwise disposed of outside the Platform unless the Administration expressly permits otherwise in writing.
5.15. The Administration may change the Connect system, the number of Connects required per proposal, the monthly limit, seller-level conditions, purchase price, validity rules, expiration rules, promotional rules, or any other Connect-related mechanic at any time by publishing updated rules on the Platform.
5.16. The Administration may revoke, freeze, cancel, adjust, or refuse to credit any Connects in the event of fraud, abuse, technical error, duplicate crediting, refund, chargeback, suspicious activity, account suspension, account blocking, or breach of these Terms.
5.17. The Platform shall not be liable for any loss, dissatisfaction, missed opportunity, decrease in response rate, commercial loss, or other damage arising from exhaustion, expiration, reset, cancellation, delayed crediting, non-use, or revocation of Connects.

6. Platform Commission, no refunds, settlements, Balance, and Payouts

6.1. In consideration for access to the Platform and the Platform's informational, technological, organizational, and intermediary services, the Platform is entitled to receive remuneration in the form of the Platform Commission.
6.2. Unless otherwise expressly stated by the Platform for a specific service, tariff, promotion, or special program, the Platform Commission is 10% of the value of a successful Order.
6.3. The Platform Commission is the fee for the Platform's intermediary, service, technical, and organizational functions and becomes due upon the occurrence of a successful Order within the meaning of these Terms.
6.4. For the purposes of these Terms, the Platform's income consists solely of the Platform Commission and other service payments expressly provided for by these Terms, tariffs, or the Platform's rules.
6.5. The Platform does not provide bank account services, deposit services, payment account services, electronic wallet services, electronic money issuance, currency exchange services, or any other financial services, unless expressly stated otherwise separately and unless such service is provided by a duly authorized third party within a separate legal relationship with that third party.
6.6. All payments made in favor of the Platform, including the Platform Commission, purchases of Connects, promotion fees, subscription fees, fees for additional features, and other Platform services, are final and non-refundable once charged, deducted, credited, the relevant functionality has been provided, or the relevant service has started, except where a different rule is expressly required by mandatory applicable law.
6.7. The Platform does not operate a refund system upon the User's request. The only transfer of monetary amounts to a User that may be available under the Platform's rules is a Payout from the amount available for release under the Platform's rules.
6.8. The User's Balance is an internal accounting indicator of the Platform used solely to display amounts available for set-off, withholding, accrual, or release in accordance with these Terms and the Platform's rules. The Balance is not a bank account, deposit, payment account, electronic wallet, or independent financial instrument.
6.9. The Platform may deduct from the amount available for release to the User the Platform Commission, the Payout Fee, payment or technical provider charges, bank charges, conversion costs, reserve amounts, dispute-related amounts, chargeback-risk amounts, penalties, amounts subject to set-off, and any other amounts provided for by these Terms.
6.10. The Platform may engage third parties, banking partners, payment providers, technical partners, and other contractors for the support of settlement-related, technical, and payout processes.
6.11. The Platform does not guarantee the availability, continuity, speed, or success of any payment, payout, transfer, conversion, or other settlement-related process involving third parties, banks, payment systems, or providers.
6.12. A Payout request is generally processed within up to 7 (seven) days from the time it is accepted for processing; however, in certain cases this period may be extended due to additional verification, anti-fraud procedures, compliance review, sanctions screening, banking delays, technical maintenance, weekends, public holidays, disputes, chargeback risk, high workload, provider requirements, or other circumstances reasonably affecting the processing period.
6.13. The Platform shall not be liable for losses, lost profits, interest, penalties, loss of business opportunity, or any other damages arising in connection with a delayed, additionally reviewed, rejected, returned, blocked, reconsidered, or cancelled Payout, unless otherwise expressly required by mandatory applicable law.
6.14. A Payout may be subject to an additional Payout Fee, the amount of which depends on the selected payout system, provider, bank, card, wallet, country, currency, payment route, intermediary charges, conversion costs, and other related factors.
6.15. By submitting a Payout request, the User confirms that the User has reviewed the current payout terms, timeframes, limits, fees, and deductions and agrees to their application.
6.16. In the event of a dispute, chargeback, suspected fraud, breach of these Terms, a legal requirement, a provider requirement, or a justified risk of non-receipt or reversal of funds, the Platform may temporarily withhold, reserve, set off, freeze, or refuse release of the relevant amount until the relevant review or resolution is completed.

7. User obligations and prohibited conduct

7.1. The User undertakes to comply with these Terms, additional Platform rules, and all Applicable Law.
7.2. The User represents, warrants, and undertakes that all information submitted to the Platform is accurate, complete, lawful, and not misleading.
7.3. The User represents, warrants, and undertakes that the User has all necessary rights, permissions, licenses, and authority for all User Content, services, files, and deliverables uploaded, published, transmitted, or performed through the Platform.
7.4. The User shall not use the Platform for any unlawful, fraudulent, harmful, abusive, deceptive, exploitative, infringing, prohibited, or sanction-restricted purpose.
7.5. The User shall not violate the rights of third parties, including intellectual property rights, privacy rights, confidentiality rights, publicity rights, contractual rights, consumer rights, labor rights, tax requirements, export controls, or sanctions restrictions.
7.6. The User shall not impersonate another person or entity, misrepresent identity, qualifications, experience, location, affiliation, seller level, authorization, or legal status.
7.7. The User shall not publish false or misleading projects, proposals, reviews, prices, credentials, or commercial information.
7.8. The User shall not transmit spam, phishing, malware, hidden redirects, deceptive code, credential-harvesting tools, unauthorized tracking tools, or other harmful materials through the Platform.
7.9. The User shall not harvest, scrape, extract, copy, mirror, or systematically collect data, content, contacts, or personal information from the Platform without prior written authorization from the Administration.
7.10. The User shall not interfere with the Platform, overload systems, test vulnerabilities without authorization, bypass security, use abusive automation, or otherwise undermine technical integrity.
7.11. The User shall not manipulate, abuse, circumvent, unlawfully obtain, transfer, resell, automate, or misuse Connects, proposal limits, seller-level limits, promotional credits, or any internal usage restrictions of the Platform.
7.12. The User shall not encourage off-platform payment or off-platform communication for the purpose or effect of avoiding Platform Commission, avoiding Connect rules, avoiding moderation, avoiding dispute traceability, or otherwise depriving the Platform of the benefits of its business model.
7.13. The User shall not request, suggest, pressure, induce, persuade, or encourage another User to continue communication outside the Platform through messenger apps, social networks, email, telephone, external communities, external marketplaces, or any similar external channel.
7.14. The User shall not publish, hide, encode, mask, or otherwise transmit external contact details in profile fields, portfolios, project descriptions, files, images, reviews, offers, usernames, or messages for the purpose or effect of moving communication outside the Platform.
7.15. The User shall not use the Platform in connection with money laundering, terrorist financing, sanctioned persons, embargoed territories, restricted financial activity, prohibited export-controlled activity, or any other prohibited use under Applicable Law or Platform policy.
7.16. The Administration may determine, in its sole discretion, whether conduct violates these Terms or creates legal, technical, financial, reputational, or operational risk and may enforce any remedy available under these Terms or Applicable Law.

8. Content, moderation, reviews, intellectual property, and disputes

8.1. The User retains ownership of User Content to the extent the User lawfully owns such rights. By uploading, posting, storing, sending, or otherwise making User Content available through the Platform, the User grants DitWork a worldwide, non-exclusive, royalty-free, sublicensable, transferable, and fully exercisable license, to the extent necessary for operating the Platform, to host, store, reproduce, cache, format, adapt, index, display, publish, moderate, analyze, transmit, and otherwise use such User Content for the purposes of operating, securing, improving, promoting, supporting, and enforcing the Platform and these Terms.
8.2. The User is solely responsible for all User Content and for the consequences of publishing, storing, transmitting, or sharing it on the Platform.
8.3. The Administration does not pre-screen all User Content and is under no obligation to verify, endorse, guarantee, or approve the legality, quality, accuracy, originality, completeness, usefulness, or safety of User Content.
8.4. The Administration may, but is not obliged to, remove, restrict, hide, block, edit, preserve, disclose, or reclassify any User Content at any time and without notice where it believes such action is appropriate for legal, technical, operational, compliance, reputational, moderation, security, or business reasons.
8.5. The Platform may allow Users to leave reviews, ratings, comments, and feedback. Such content reflects the views of the submitting User and does not represent the views of the Administration.
8.6. The Administration may moderate, remove, refuse to publish, reorder, or otherwise handle reviews and ratings that appear false, abusive, irrelevant, manipulated, extortionate, unlawful, or otherwise inconsistent with Platform policy.
8.7. The Platform may provide complaint channels, support review, dispute submission tools, evidence collection tools, or internal case handling tools for convenience only. Unless expressly stated otherwise by the Platform in writing, the Administration has no obligation to investigate, adjudicate, or resolve disputes between Users.
8.8. If the Administration voluntarily reviews a dispute, complaint, payment issue, payout issue, or suspected circumvention issue, it may do so using internal procedures, moderators, automated systems, available records, and information provided by Users. Any such review is a courtesy and does not create a fiduciary duty, arbitration duty, adjudicative duty, or liability for the Platform.
8.9. The Administration is not a court, arbitrator, expert body, or enforcement authority and does not guarantee the correctness, completeness, fairness, enforceability, or commercial adequacy of any dispute-related decision, moderation decision, or support response.
8.10. The Platform and its underlying software, structure, design, code, databases, trademarks, logos, text created by the Administration, interface elements, compilations, and arrangement of content are protected by intellectual property and other laws and remain the property of DitWork and/or its licensors.
8.11. Except as expressly permitted by the Platform, the User may not copy, frame, mirror, scrape, reproduce, distribute, republish, modify, reverse engineer, decompile, disassemble, sell, exploit, or otherwise use the Platform or its elements for unauthorized purposes.
8.12. If a User believes that content on the Platform infringes such User's rights, such User may send a substantiated notice to the Support Service. The Administration may request additional information and may take any action it deems appropriate, but is under no obligation to satisfy every complaint.

9. Disclaimer of warranties

9.1. To the maximum extent permitted by Applicable Law, the Platform and all Platform Services are provided on an "as is", "as available", and "with all faults" basis.
9.2. DitWork expressly disclaims all representations, warranties, guarantees, conditions, and undertakings of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, uninterrupted operation, accuracy, completeness, legality, security, compatibility, professional quality, commercial utility, quiet enjoyment, and satisfactory results.
9.3. Without limiting the generality of the foregoing, the Administration does not warrant that:
9.3.1. the Platform will be uninterrupted, error-free, secure, always available, free from bugs, free from delays, free from data loss, or free from unauthorized access or harmful components;
9.3.2. any User is genuine, solvent, qualified, licensed, safe, lawful, trustworthy, or capable of performing as promised;
9.3.3. any project, proposal, deal, Order, service, file, deliverable, payment, payout, or review will be legal, accurate, complete, timely, enforceable, profitable, acceptable, original, or suitable for any purpose;
9.3.4. any internal communication, moderation system, dispute tool, fraud detection system, Connect system, ranking system, payment flow, or payout flow will function without interruption, mistake, delay, manipulation, or third-party interference;
9.3.5. any issue reported to support will be resolved, resolved in the User's favor, or resolved within any particular timeframe.
9.4. The User acknowledges that the Platform may use commercially reasonable efforts to operate, secure, and improve the Service, but the Platform does not assume strict liability, result-based liability, or any guarantee of transaction success, service quality, project completion, payment receipt, payout timing, or business outcome.
9.5. The User uses the Platform entirely at the User's own risk and remains solely responsible for commercial decisions, legal decisions, tax decisions, due diligence, and risk assessment.

10. Limitation of liability and indemnification

10.1. To the maximum extent permitted by Applicable Law, DitWork, its owners, affiliates, directors, officers, employees, contractors, agents, licensors, payment partners, payout partners, service providers, and representatives shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, punitive, enhanced, or similar damages, including without limitation loss of profit, loss of income, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of data, loss of savings, commercial loss, tax loss, currency loss, legal expense, business interruption, procurement of substitute services, or any other economic or non-economic loss arising out of or relating to the Platform, User Content, Orders, communication, Connects, payments, Payouts, account actions, moderation, or these Terms, even if advised of the possibility of such damages.
10.2. To the maximum extent permitted by Applicable Law, the total aggregate liability of DitWork arising out of or relating to these Terms, the Platform, or any related transaction shall not exceed the lesser of: (a) the total amount of Platform fees actually received by DitWork from the particular User during the three (3) months preceding the event giving rise to the claim; or (b) one hundred United States dollars (USD 100).
10.3. The limitations and exclusions of liability contained in these Terms apply regardless of the legal theory, including contract, tort, negligence, strict liability, restitution, unjust enrichment, misrepresentation, statutory duty, or otherwise, and regardless of any alleged failure of essential purpose of any limited remedy.
10.4. The Platform shall not be liable for acts, omissions, statements, files, services, misconduct, delays, defaults, insolvency, fraud, plagiarism, infringement, or other violations committed by any User or third party.
10.5. The Platform shall not be liable for losses caused by failed projects, poor-quality work, late delivery, non-delivery, plagiarism, fraud, stolen credentials, Off-Platform Communication, off-platform payment, chargebacks, bank restrictions, payout-provider actions, sanctions screening, moderation decisions, account suspensions, account blocking, data loss, cyberattacks, force majeure events, or government action.
10.6. The Platform shall not be liable for delayed, pending, rejected, returned, blocked, reversed, additionally reviewed, or reduced Payouts, nor for any Payout Fee, bank fee, intermediary deduction, conversion difference, compliance delay, or provider-level deduction applicable to a User's withdrawal of funds.
10.7. The Platform shall not be liable for any claim based on a User's expectation of a Refund, reimbursement, reversal, restoration of paid amounts, or cash compensation where such right is not expressly granted by these Terms or mandatory law.
10.8. The User shall defend, indemnify, and hold harmless DitWork, its affiliates, owners, directors, officers, employees, contractors, agents, licensors, service providers, and representatives from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, fines, penalties, taxes, fees, costs, and expenses, including reasonable legal and professional costs, arising out of or relating to: the User's use of the Platform; the User's content; the User's services or deliverables; the User's communications; the User's breach of these Terms; the User's violation of Applicable Law; disputes between the User and another User or third party; chargebacks; intellectual property claims; privacy claims; consumer complaints; labor claims; tax claims; sanctions issues; export issues; regulatory issues; or any Off-Platform Communication or fee-circumvention issue connected with the User.
10.9. Some jurisdictions do not allow certain exclusions or limitations of liability. In such jurisdictions, the above exclusions and limitations apply only to the maximum extent permitted by Applicable Law.

11. Suspension, blocking, loss of access, termination, and forfeiture

11.1. The Administration may at any time and without prior notice suspend, restrict, limit, review, freeze, deactivate, block, shadow-limit, or terminate any account, content, listing, project, payment, Balance, Payout, Connects, communication, or access to the Platform, with or without cause, where the Administration believes such action is desirable for legal compliance, fraud prevention, security, sanctions compliance, policy enforcement, technical integrity, reputational protection, operational reasons, provider requirements, chargeback risk, dispute handling, or any other legitimate business reason.
11.2. Without limiting the foregoing, the Administration may take action where it suspects fraud, misrepresentation, abuse, chargeback risk, prohibited content, identity inconsistency, circumvention, Off-Platform Communication, attempts to move a Client or Freelancer to another service, repeated disputes, suspicious transactions, legal complaints, regulatory exposure, or any breach of these Terms.
11.3. The User expressly agrees that any breach of the Platform's communication rules, anti-circumvention rules, payment rules, payout rules, Connect rules, fraud rules, or other material provisions may be treated as a material breach entitling the Administration to immediately restrict messaging, freeze or review related transactions, suspend the account, permanently block the account, cancel Connects, hold Balance amounts, delay or refuse payout, and cause the User to lose access to the account and associated Platform functions, subject to mandatory law.
11.4. In the event of suspension, restriction, blocking, termination, fraud review, payment reversal, chargeback, or breach of these Terms, the Administration may freeze, cancel, revoke, or cause the User to forfeit any unused Connects, including Monthly Connect Allocation and Additional Connects, without compensation or reimbursement, except where mandatory law expressly requires otherwise.
11.5. Account deletion, suspension, blocking, termination, or inactivity does not relieve the User of obligations accrued before termination, including fee obligations, indemnification obligations, dispute-related obligations, record-preservation obligations, recovery obligations, and liabilities arising from prior conduct.
11.6. The Administration may retain records, account data, content, communications, transaction history, payout history, and related metadata for as long as reasonably necessary for legal compliance, security, evidence preservation, fraud prevention, internal enforcement, backup, or business continuity, subject to the applicable Privacy Policy and mandatory law.
11.7. To the maximum extent permitted by Applicable Law, the Administration shall not be liable for loss of access, loss of data, loss of correspondence, loss of reputation, loss of visibility, loss of deals, loss of expected income, delayed payout, forfeited Connects, or any other consequence resulting from lawful or reasonably justified suspension, restriction, review, or blocking measures.

12. Governing law, disputes, additional terms, and contact information

12.1. To the maximum extent permitted by Applicable Law, these Terms and any dispute, claim, or controversy arising out of or relating to the Platform, Platform Services, User conduct, payments, Payouts, Connects, content, or these Terms shall be governed by the laws of the jurisdiction in which the operator of DitWork is legally established, without regard to conflict-of-law rules.
12.2. Before initiating formal proceedings, the User shall first submit the matter to the Support Service and provide all reasonably requested information so that the Administration may attempt an internal review.
12.3. To the maximum extent permitted by Applicable Law, any unresolved dispute shall be submitted to the competent court or dispute forum determined by the place of establishment of the Platform operator, unless mandatory law grants the User a different non-waivable forum right or unless the Platform elects another lawful forum.
12.4. To the maximum extent permitted by Applicable Law, the User waives any right to participate in any class action, collective action, representative action, or similar group proceeding against the Platform and agrees to bring claims only in the User's individual capacity.
12.5. Nothing in these Terms limits the Platform's right to seek interim, injunctive, conservatory, debt-recovery, protective, or equitable relief in any competent jurisdiction.
12.6. The Platform may send legal notices, technical notices, policy updates, payment notices, payout notices, and other relevant communications electronically through the Site, email, notifications, or other electronic means used by the Platform. The User agrees that such electronic communications satisfy any legal requirement that such communications be in writing, to the maximum extent permitted by Applicable Law.
12.7. Electronic records, click-acceptance records, account logs, payment confirmations, payout requests, messages, system records, moderation records, and stored data maintained by the Platform may be used as evidence of actions, communications, transactions, and acceptance of these Terms, to the maximum extent permitted by law.
12.8. If any provision of these Terms is held unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
12.9. No failure or delay by the Administration in exercising any right under these Terms shall operate as a waiver of that or any other right.
12.10. The User may not assign, transfer, delegate, or otherwise dispose of any rights or obligations under these Terms without the prior written consent of the Administration. The Administration may assign or transfer these Terms or any rights and obligations hereunder at any time, including in connection with a merger, acquisition, restructuring, sale of assets, or change of control.
12.11. These Terms, together with the Privacy Policy and any additional Platform rules expressly incorporated by reference, constitute the entire agreement between the User and DitWork regarding use of the Platform and supersede all prior understandings and communications on that subject, except for any separate written agreement expressly signed by the Platform.
12.12. Any suggestions, complaints, notices, or questions regarding these Terms should be sent to the Support Service located at: https://ditwork.com/en/support
12.13. The current version of these Terms is published at: https://ditwork.com/en/terms