Our Policies

Terms & Conditions, Refund Policy, Pricing & Promotion Policy.

Eligibility

Metafy is offered to all users above the age of 18 years and those who are of legal age to form a binding contract, irrespective of gender, race and nationality. Metafy accepts all users under 18 and at least 13 years of age. In case of the latter, you are only permitted to use the site through an account owned by a parent or legal guardian with their appropriate permission. By using the Metafy website, you agree and warrant that you meet all of the eligibility requirements.

Our Customer Support team is available 24/7 if you have any questions regarding the Terms and Conditions.You can contact our Customer Service team by sending us an email.

Metafy offers three different account types. Once you register for one account type, you can add the other Account types under the same username and password, that is, as a freelancers, The Users and firms, The User or firm. You cannot register for more than one account without consent from Metafy. We reserve the right to revoke the access upon any breach of our terms and conditions.

The original language of these Terms of Service, as well as all other texts throughout the website, is English. 

Credentials

Your username and password on Metafy are your personal credentials here, for whose security you are fully responsible. You agree not to share your username or password with any person. By agreeing with our Terms and Conditions, you authorize Metafy to assume that any user using the website with your username and password, is either you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account.

Metafy is a platform where firms, The Users and freelancers can interact and avail services from one another. Subject to the Terms and Conditions, Metafy provides the Site Services to Users, including hosting and maintaining the Site, facilitating the formation of Service Contracts, and assisting Users in resolving disputes which may arise in connection with those Service Contracts. When a User enters a Service Contract, the User uses the Site to invoice and pay any amounts owed under the Service Contract.

Cookies

Metafy and our marketing affiliates use “cookies” to collect information. Cookies are small blocks of data created by a web server while a user is browsing a website and placed on the user's computer or other device by the user’s web browser. 

Cookies are placed on the device used to access a website, and more than one cookie may be placed on a user’s device during a session. We use both persistent cookies that remain on your computer or similar device (such as to save your login credentials for future use on the Website and to track your compliance with the Metafy Terms of Service) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Service, to better understand how Metafy Users interact with the Service and to monitor aggregate usage by Metafy Users and web traffic routing on the Service). You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functionality of the Service. For further information on cookies and how they are used for the Service.

Metafy API

By registering a software application, website, or product you create or a service that you offer (a “Developer Application”). In such case you agree to be bound by the API Terms. You must read, agree to, and accept all of the terms and conditions contained in the API Terms in order to avail the Metafy API. You agree to and accept the Metafy Terms and Conditions. If you disagree with any of the terms of the API Terms or the Metafy Terms and Conditions, you are not supposed to own a license to use the Metafy API. If you are using the Metafy API on behalf of a company or any other entity, you represent and warrant that you have full legal authority to register a Developer Application on behalf of that entity and bind it to the API Terms and the Metafy Terms of Service. If you are not authorized, you may not proceed further.

Metafy API is a set of internet services providing programmatic access to Metafy systems and data, together with all updates, revisions, and copies thereof. This includes any associated tools and documentation that Metafy makes available under the API Terms. Metafy Content- Any data, content, or executables of or associated with the Metafy API or Site Services (as defined in the Metafy Terms of Service). This includes all Metafy User Data. Metafy User Data- Any content, information, and other data about persons who use the Metafy services received or collected by Developer through any instance of the Developer Application, the Metafy API, or otherwise in connection with the API Terms.

The Developer wishes to use and access the Metafy API in connection with the development and distribution of a Developer Application and agrees to the additional requirements herein. Developer and Metafy hereby agree as follows:

Developer Registration. Before using the Metafy API, the Developer must provide accurate information identifying its organization and the individual representative who will serve as a point of contact for Metafy. The registration may be completed and accepted by Metafy on the Site. Upon successful registration, Metafy shall make Access Credentials available to the Developer. “Access Credentials” means the necessary security keys, secrets, tokens, and other credentials to access the Metafy API. All activities that occur using your Access Credentials are your responsibility. Access Credentials are specific to you and are confidential information. Keep them secret. You must not sell, transfer, or sublicense the Access Credentials. Do not try to circumvent them and do not require your users, employees, contractors, or agents to obtain their own Access Credentials to build, maintain, or use the Developer Application. Developer itself must request any Access Credentials to be used by any employee, contractor, or agent of Developer.

Development of the Developer Application. Subject to the terms of these Terms of Use, Developer will develop one or more Developer Applications. Developer will ensure that all Developer Applications are and remain in compliance with the API Terms and the Metafy Terms of Service.

Permitted Uses of the Metafy API. Your use of the Metafy API is limited to the purpose of facilitating your own or your Users’ use of the Metafy Site and Site Services. Some examples of permitted uses of the Metafy API would be to create Applications that:

Allow Metafy Users to search for and browse Metafy job postings with a customized interface;

Allow Metafy Users to manage active contracts;

Allow Metafy Users to apply to jobs on Metafy; or

Allow Metafy Users to manage invoices, billing, and communications on Metafy.

Prohibited Uses of the Metafy API. Developer must never do any of the following:

Use the Metafy API in any Developer Application that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, promotes or offers malicious code, or violates any applicable law or regulation.

Use the Metafy API to retrieve Metafy Content that is then aggregated with third-party search results in such a way that a user cannot attribute the Metafy Content to Metafy (such as aggregated search results).

Distribute or allow access to the Metafy API to anyone other than the entity on whose behalf Developer agreed to these Terms, or create an application programming interface that enables access to Metafy Content

Prohibited Uses/Functions of Developer Application. Developer and the Developer Application must not do the following:

Implement features or business practices that unlawfully harm the professional reputation or relationships of Metafy or Metafy users.

Use Metafy Content received from the Metafy API in any manner that facilitates bias, discrimination, or data “redlining,” whether intentional or inadvertent, based on sensitive or protected categories or characteristics.

Impersonate Metafy or a Metafy user or intentionally misrepresent Metafy or any Metafy user or other third party when requesting or publishing information.

Obfuscate or hide any Metafy buttons, sign-in functionality, or consent or authorization flows from your users.

Proxy, request, or use Metafy account user names or passwords in any fashion for any reason.

Request from the Metafy API more than the minimum data fields and application permissions the Developer Application needs.

Try to exceed or circumvent limitations on calls and use. This includes creating multiple Developer Applications for identical, or largely similar, purposes.

Download, scrape, post, or transmit, in any form or by any means, any part of the Site or Site Services, including data retrieved by web browser plugins.

Copy, reformat, reverse-engineer, or otherwise modify the Metafy API, Access Credentials, the Site, the Site Services, or any Metafy Content.

Promote or operate any product or service that competes with the Metafy Site Services.

Interfere with or disrupt Metafy services, Metafy servers or networks connected to Metafy services, or disobey any requirements, procedures, policies or regulations of networks connected to the Metafy Site or Site Services.

Engage in any conduct that fails to comply with, or is otherwise inconsistent with, any agreement between Developer and Metafy or any written instructions provided by Metafy.

Using the Metafy API. As part of the API Terms, Metafy grants you a non-exclusive, non-transferable, and non-sublicensable (except as expressly permitted herein) license to use the Metafy API solely to do the following and subject to the restrictions set forth in the API Terms:

Enable your Application to interact with Metafy’s databases to retrieve information necessary to facilitate your own or Your Users’ use of the Site and Site Services through your Application;

Make limited intermediate copies of Metafy Content only as necessary to perform activities permitted under the API Terms. You must delete all intermediate copies when they are no longer required for the purpose for which they were created;

Rearrange or reorganize Metafy Content within your Application; and

Display in your Application Metafy Content consistent with this Agreement.

Access Credentials. Metafy will provide you with Access Credentials that permit you to access the Metafy API. The Access Credentials are the property of Metafy and may be revoked if you share them with any third party (other than as allowed in the API Terms), if they are compromised, if you violate the API Terms or the Metafy Terms of Service, or if Metafy terminates the API Terms.

API Call Limitations. The number of API calls you will be permitted to make during any given time period may be limited. Metafy will determine call limits based on various factors, including the ways your Application may be used or the anticipated volume of use associated with your Application. Metafy may, in its sole discretion, charge you for API calls that exceed the call limits or terminate your access to the Metafy API in accordance with Section 17 (Suspension and Termination). Unused calls will not roll over to the next day or month, as applicable.

At its discretion, Metafy may require or offer Certification for certain Applications. Certification will consist of confirmation by Metafy or a third party it designates that your Application’s technology complies with the API Terms and the Metafy Terms of Service. You will be responsible for all costs associated with certification and any modifications necessary to meet the certification requirements and you may not be permitted to access the Metafy API in certain cases until certification is complete. At Metafy’s discretion, future modifications of your Application or use or display of Metafy Content may be subject to re-certification. If Metafy requires certification, your failure to maintain certification is cause for immediate termination of the API Terms.

Metafy Escrow

Where applicable, Metafy Escrow may also collect Taxes (such as value added tax (VAT) in Europe) on membership fees and the cost for Connects.

You must pay your Metafy membership fees and Connects through your Metafy Escrow Account. The membership billing period begins on the date that we receive payment. Metafy membership fees are calculated from the beginning of that billing period. Metafy automatically renews your Metafy monthly membership, and you irrevocably authorize and instruct us to make the required monthly payments to Metafy on your behalf. This authorization will remain in full force and effect until you change your settings in your Profile to change your membership plan, otherwise notify us that you wish to revoke your authorization by contacting Customer Support, or cancel your Account.

You can change your membership program at any time, including by moving to an unpaid plan, by going to the Site here. If you change your membership program, the new program and new billing period will be based upon the date Metafy receives payment of the new membership fee. If you upgrade a membership, it will result in a new billing date effective upon the date of payment of the additional fees and, if applicable, will result in a credit of the unused portion of the existing category membership fees. If you downgrade a membership, you will not receive a refund or credit for the fees already paid; instead your membership will continue to the end of your current billing period but will not renew. If your Account is suspended at the beginning of your billing period or you do not pay your membership fees, your Account will be automatically downgraded to an unpaid membership plan. If your Account is reinstated, you may change your membership plan as described in this Agreement. Metafy reserves the right to modify its membership programs at any time, upon reasonable notice posted in advance on the Site.

For more information on upgrading, downgrading, or canceling your membership, check the Site or contact Customer Support Team.

Metafy Hire Terms

Metafy Hire terms define the agreement between you (the The User, firm or freelancers) and Metafy regarding the services offered by the Metafy website. Metafy Escrow is responsible for all escrow services on the website. In order to avail the engagements supplied by our Escrow contract, you agree to be bound by our Metafy Hire terms, Dispute Process and Arbitration, and Class Action Waiver in the User Agreement. If you do not accept any of these terms, you may not use or access the website. 

The The User, firm, and freelancers acknowledge and agree that the escrow contract applies to all engagements via the Metafy website. It provides escrow services. However, this does not imply that the freelancers, The Users and firms will be paid. This shall be the case only if Metafy has received funds from the The User on behalf of the freelancers and firms. Metafy otherwise does not assure that the The User at all times shall be able to or will pay freelancers and firms. The Users, firms and freelancers hereby acknowledge that these escrow services are intended for business use, and that they shall be used only for business purposes and not for consumer, personal or family purposes.

Metafy is not involved in or responsible for any work performed by the user. Metafy also does not have any power or authority to, and does not, determine any eligibility standards for any contracts. The Parties agree that The User will select the freelancers, The Users and firms, that the scope of work will be set exclusively by agreement between The User and freelancers, The Users and firms, and that The User and freelancers, The Users and firms will take up any issues with the work and/or its scope between each other.

This Agreement hereby incorporates by reference the Terms of Service. Capitalized terms not defined in this Agreement are defined in our agreement for users.

In addition, Metafy’s Escrow is authorized to and will release applicable portions of the The User Escrow Account. The amount of the Release will be delivered to the user’s Escrow Account, in accordance with the instructions, as applicable, these Escrow Instructions, and the other Terms of Service.

Metafy, in its sole discretion, reserves the right to suspend or terminate your User Accountand would give immediate notice to you if Metafy believes you may be abusing our Terms and Conditions and offend some other user. This may impact your ability to withdraw funds. However, any disputes for any contracts that existed prior to termination will be subject to the Terms and Conditions.

User Agreement

The Developer Application must include your own user agreement and privacy policy. Your user agreement and privacy policy must be prominently identified or located where members download or access the Development Application. Your privacy policy must meet applicable legal standards and accurately describe the collection, use, storage and sharing of data.This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: 

Cookie Policy, Privacy Policy, Membership Agreement, Metafy API, Metafy Escrow, Membership Agreement, Non-Discrimination Statement, Payroll Agreement, Software License Agreement, Copyright Infringement,- all of which would be applicable when you use the website. All these, along with the Metafy Hire agreement, constitute the Terms and Conditions of Metafy.

Metafy solely holds the right to amend any of these agreements constituting the Terms and Conditions by uploading its revised version on the Metafy website. Metafy will provide notice of any such amendment in advance by email. 

YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION.  IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES.

 

IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR AGENCY.

Membership Agreement

The parties are agreeing to the API Terms as independent contractors, and the API Terms will not be construed to create a partnership, joint venture or employment relationship between them. Neither party is authorized to or will represent itself to be an employee or agent of the other or enter into any agreement on the other’s behalf of or in the other’s name.

You may not assign the API Terms, nor any of your rights or obligations hereunder, without Metafy’s prior written consent. Metafy may freely assign the API Terms without your consent. Any attempted assignment or transfer in violation of this section will be null and void. Subject to the foregoing restrictions, the API Terms will inure to the benefit of successors and permitted assigns of the parties.

Severability If and to the extent any provision of the API Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or enforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

Choice of Law and Venue. The API Terms and any controversy, dispute or claim arising out of or relating to the API Terms shall be governed by and construed in accordance with the laws of the State of India without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). With respect to any User located outside India, the User agrees that the state courts of India will have jurisdiction and venue with respect to any claim arising out of or relating to the API Terms and consents to the personal jurisdiction and venue of those courts.

No Waiver. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.

Obligations to Metafy

Developers may only use, disclose, and otherwise process Metafy User Data in accordance with the written instructions of Metafy and applicable laws, rules and regulations.:

Use Metafy Content for any purpose except to the extent necessary for (1) the purpose of processing and supporting a specific transaction for the applicable Metafy user or (2) the purpose of providing services to Metafy.

Use Metafy Content for any research or publication purpose without prior written consent and a license from Metafy to research or publish, as applicable, Metafy Content.

Use Metafy Content for any other purpose (e.g., for Developer’s own benefit or for the benefit of any other entity or person).

Use Metafy Content for user profiling purposes or for advertising purposes.

Sell, lease, sublicense, or otherwise transfer, directly or indirectly, Metafy Content to any third party.

Augment, commingle, or supplement Metafy Content with personally identifiable or confidential information (including any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device) from any third-party source.

Use the user identification or authentication codes connected to any Metafy user to disclose information related to that user to any third party.

Except as provided in the API Terms, Developer may not copy or store any Metafy Content, or any information expressed by or representing Metafy Content (such as hashed or otherwise transformed data).

Authentication Tokens. Developer may store any Developer Application-specific alphanumeric user identification codes that Metafy provides to Developer for identifying individual users of the Developer Application or any tokens that Metafy provides to Developer when a Metafy user authenticates the Developer Application for the Metafy user’s account.

Cached Content. Solely for the purpose of improving user experience, Developer may cache Metafy Content for no more than twenty-four (24) hours.

Deletion of User Data

Developer must promptly and securely delete all Metafy User Data collected from Metafy users upon request of the Metafy user, when the Metafy user deactivated or uninstalls the Developer Application, when the Metafy user closes their account with Developer, and before, when possible, or promptly upon termination of the API Terms. Developer will promptly and securely delete all Metafy Content after completion of all activities reasonably necessary to operate or maintain the Developer Application and upon termination of the API Terms.

User Agreement and Privacy Policy. The Developer Application must include your own user agreement and privacy policy. Your user agreement and privacy policy must be prominently identified or located where members download or access the Development Application. Your privacy policy must meet applicable legal standards and accurately describe the collection, use, storage and sharing of data. You must promptly notify us of any breaches of your user agreement or privacy policy that impact or may impact Metafy users.

User Consent. Before obtaining information from Metafy users, you must obtain their informed consent by telling them what information you collect and how it will be used, stored or shared, and by taking any additional steps required by law or regulation.

Developer will protect Metafy User Data in accordance with all applicable laws. Your network, operating system, and software of your web servers, databases, and computer systems (collectively “Systems”) must be properly configured to securely operate the Developer Application and Metafy User Data. The Developer Application must use reasonable security measures to protect any Metafy User Data and any elements or components of the Metafy API. You shall not architect, design, or select Systems in a manner to avoid these obligations. You must promptly report to Metafy at legalnotices@Metafy.live any security deficiencies in, or intrusions into, your Systems that you discover to Metafy. You will work with Metafy to correct any security deficiency and disconnect any intrusions or intruders as soon as practicable upon discovery of any such deficiency or intrusion. In the event of any security deficiency or intrusion involving the Developer Application or Metafy User Data, you will make no public statements without prior written and express permission from Metafy in each instance, unless otherwise required by law..

Subject to the API Terms, Metafy may, in its sole discretion, make specific instances or versions of the Metafy API available to Developer for use in connection with Developer Applications. Metafy may terminate such access to the Metafy API, in whole or certain features, functions, or services thereof, for convenience, at any time. The Metafy API will be deemed to be a part of the Site Services as set forth in the Metafy Terms of Service.

Metafy may provide technical support, upgrades, or modifications of the Metafy API in Metafy’s sole discretion. Metafy may cease providing technical support, upgrades, or modifications of the Metafy API at any time and for any reason without notice or liability to Developer. Metafy may release new versions of the Metafy API and require Developer to use the new version of the Metafy API. Developer’s use of new releases or versions of the Metafy API will be acceptance of all modifications of the Metafy API.

Metafy Materials

Metafy owns all rights, title, and interest, including all intellectual property rights, in and to, the Metafy API; all elements, components, and executables of the Metafy API; and all elements, components, and executables of the Site Services (collectively, the “Metafy Materials”). The only exception to this is any information or Content which you as a Metafy user have licensed to Metafy under the Metafy Terms of Service. Except for the express licenses granted in the API Terms, Metafy does not grant you any right, title, or interest in the Metafy Materials. Developer agrees to take such actions as Metafy may reasonably request to perfect Metafy’s rights to the Metafy Materials.

Developer Property. Except to the extent the Developer Application contains Metafy Materials, Metafy claims no ownership or control over your Developer Application. During the term of the API Terms you hereby grant Metafy a paid-up, royalty-free, non-exclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (1) use, perform, and display the Developer Application and its content for purposes of marketing, demonstrating, and making the Developer Application available to Metafy users; (2) link to and direct Metafy users to the Developer Application; and (3) sublicense the foregoing rights to our affiliates.

Feedback. Developer may, but is not required to, provide suggestions, comments, ideas, or know‐how, in any form, to Metafy related to Metafy products, services or technology (“Feedback”). To the extent Developer provides Feedback to Metafy, Developer grants Metafy the right to use such Feedback without any right to compensation from Metafy.

Developer understands and acknowledges that Metafy may be independently creating applications, content, and other products or services that may be similar to or competitive with the Developer Application. Nothing in the API Terms will be construed as restricting or preventing Metafy from creating and fully exploiting any applications, content, and other products or services, without any obligation to Developer. This paragraph will survive the termination or expiration of the API Terms.

Developer agrees that the content of the Metafy API, and any Metafy Content that by its nature should reasonably be known to be confidential, is deemed to be confidential information of Metafy and Developer will maintain the same in strict confidence and not disclose the same to any third party (other than employees, agents and contractors of Developer for the sole purpose of providing services to Developer to complete work permitted hereunder) or use the same for any purpose other than its performance under the Agreement. To the extent that you retain any Metafy Content after the termination or expiration of the API Terms, this paragraph will survive the termination or expiration of the API Terms.

The provisions of the API Terms will control over any inconsistent provisions of the Metafy Terms of Service, and the Metafy Terms of Service, as modified and supplemented by the API Terms, will remain in full force and effect. Any “shrink wrap” or “click wrap” license agreement or any other terms and conditions associated with Developer’s Application is null and void, is not applicable hereunder, and is expressly excluded.

Metafy currently provides the Metafy API without charge. However, Metafy reserves the right, at Metafy’s sole discretion, to charge fees for future use of or access to the Metafy API. Developer may not charge any fee to Metafy users for the Developer’s Application without the express written permission or agreement of Metafy.

Term. The term of the API Terms will commence on the date upon which you agree to the API Terms and will continue until terminated as set forth below.

Developer’s Termination Rights. Developer may terminate the API Terms by discontinuing use of the Metafy API and returning all Metafy Content, including Metafy User Data.

Suspension and Termination. Metafy may suspend or terminate Developer’s use of the Metafy API at any time if we believe you have violated the API Terms or Metafy Terms of Service, or if we believe the availability of the Metafy API in the Developer Application is not in our or our users’ best interests. Immediately upon termination of the API Terms, all licenses granted to Developer will cease and all data retrieved from the Metafy API or Site Services must be deleted.

Effect of Termination. Upon termination of these Terms:

all rights and licenses granted to Developer will terminate immediately;

Developer will promptly and securely destroy Metafy Content in your possession or control;

neither party is liable to the other party solely because the API Terms have been terminated;

unless we agree otherwise in writing or as stated explicitly in the API Terms, Developer must permanently delete all Metafy Content and Metafy User Data or other data which you stored pursuant to your use of the Metafy API. Metafy may require that you certify in writing your compliance with this section; and

Metafy will make commercially reasonable efforts to remove all references and links to the Developer Application from the Site (Metafy has no other obligation to delete copies of, references to, or links to the Developer Application).

Disclaimer for Warranties

Metafy PROVIDES THE Metafy API, Metafy CONTENT, AND ALL OTHER INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Metafy DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. Metafy DOES NOT GUARANTEE THAT THE Metafy API WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE Metafy API MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. Metafy DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, Metafy DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE Metafy API DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

Limitations of Liability. Metafy AND OUR EMPLOYEES, AGENTS, SHAREHOLDERS, OR DIRECTORS, SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE Metafy API. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (i) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, (ii) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (iii) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY DAMAGE THAT Metafy MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THE API TERMS OR APPLICABLE LAW.

Indemnification You will defend, hold harmless, and indemnify Metafy (and our and their respective employees, agents, shareholders, and directors) from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, to the extent resulting from, alleged to have resulted from, or in connection with: (i) your breach of your obligations herein; or (ii) the violation of any copyright, trademark, service mark, trade secret or India patent by the Developer Application.

Membership Programs

Metafy offers several membership programs for freelancers, The Users and firms and Agencies. For purposes of this Agreement, “Member” or “you” means a freelancers, The Users and firms or Agency participating in a membership program.

Each membership program includes a certain number of “Connects,” which reserve monthly capacity for you to submit proposals for The Users' posted Projects, as described on the Site here. If your membership program does not include Connects or your membership otherwise gives you the right to purchase additional Connects, you may do so for the price advertised on the Site at the time of the purchase, subject to a cap determined by your membership program, if applicable. Connects that you do not use will be rolled over to the next month as described on the Site. The conditions under which unused Connects will rollover into the next month may vary from time to time and will depend on your membership program. For the details on Connects, please visit the Metafy Support page.

Metafy reserves the right to change membership fees, change the monthly number of Connects included in each membership program, change the price for Connects or institute new fees at any time, in each case upon reasonable notice posted in advance on the Site. No refunds of fees already paid will be given. If Metafy exercises its right to cancel a membership, we will not refund the membership fee already paid.

Nondiscrimination Statement

Metafy works tirelessly in creating economic opportunities irrespective of background, nationality, race, ethnicity, sex, gender, gender identity, sexual orientation, actual or perceived disability status, veteran status, marital status, or other similarly protected characteristics. Metafy’s goal is for members of our community to feel comfortable on the website. The users on the site are strictly bound by the rule of not engaging in any unlawful discrimination or harassing conduct. Such conduct is not permitted on Metafy by any member of our community. Metafy does not require Users to violate local laws or take actions that may subject them to legal liability. Metafy will take actions to enforce this policy. Users engaging in this activity are subject to account closure. Please bring any reports of discrimination or harassment to our attention at legalnotices@Metafy.live

Payroll Agreement

If a user signs up to use Metafy Payroll, this Metafy Payroll Agreement (this “Agreement”) applies to the user.  

This Agreement is a binding legal agreement by and between The User (“The User” and “you”) and Metafy Global Inc. (“Metafy” or “we”) and supersedes and replaces all prior agreements between The User and Metafy concerning Metafy Payroll.

When a The User uses Metafy Payroll, which is described on the Site here (“Metafy Payroll”), a third-party staffing vendor will employ the freelancers, The Users and firms (the “Staffing Provider”). freelancers, The Users and firms (if accepted for employment as described below) will become an employee of the Staffing Provider. The Staffing Provider will assign freelancers, The Users and firms to work for The User, and The User will be responsible for supervising freelancers, The Users and firms. When, and only if, a freelancers, The Users and firms has been accepted for employment by the Staffing Provider and assigned to The User, freelancers, The Users and firms becomes a “Payroll Employee” for purposes of this Agreement, but also remains a freelancers, The Users and firms under the Terms of Service.

Your ability to use Metafy Payroll may depend on certain factors, including, without limitation, the location of the freelancers, The Users and firms, the estimated length of the engagement, the wage to be paid, and the nature of the work to be performed. A request to use Metafy Payroll may be rejected for any lawful reason.

Metafy Payroll is currently only available for freelancers, The Users and firmss who will work in India. Requests regarding international employment and associated fees can be addressed on a case-by-case basis by contacting Payroll@metafy.live.

As a The User, you will select freelancers, The Users and firms to be employed by the Staffing Provider and assigned to work for you via Metafy Payroll. No work can begin until the engagement is active on the Metafy Site, and The User is informed that the freelancers, The Users and firms have started employment and may begin work. After the freelancers, The Users and firm's employment begins, The User will continue to pay for each freelancer, The Users and firm's services through the Site unless The User pays the Opt-Out Fee.

The User acknowledges and agrees that The User selects freelancers, The Users and firms to become a Payroll Employee based upon The User’s determination that freelancers, The Users and firms possess the skills, background, and education to satisfy the requirements of the assignment. Metafy does not (a) select the freelancers, The Users and firms; (b) have the authority or ability to decide to engage or end the engagement of the freelancers, The Users and firms on behalf of The User; (c) make any independent evaluation or investigation or otherwise conduct any due diligence regarding freelancers, The Users and firmss, their resumes, qualifications, skills, background, or prior experience; or (d) make any representations or warranties as to the skills, experience, background, or education of any freelancers, The Users and firms or Payroll Employee. All information regarding a Payroll Employee posted on or to the Site or provided by Metafy is intended to be indicative or illustrative only and is not intended to be a guarantee or warranty on the part of Metafy. Metafy is not responsible for and shall have no liability for The User’s use of or reliance on any freelancers, The Users and firms information posted or provided by Metafy.

Staffing Provider

The Staffing Provider has the right not to hire a freelancers, The Users and firms for any lawful reason or no reason at all, including if the freelancers, The Users and firms does not meet the Staffing Provider’s standards for employment or the job is considered, in the Staffing Provider’s sole discretion, too hazardous or not covered by the applicable workers’ compensation insurance policy. No Payroll Employee may be engaged to perform services that require the Payroll Employee to handle hazardous materials or operate heavy machinery.

The User acknowledges and agrees that The User and freelancers, The Users and firms are solely responsible for freelancers, The Users and firms Services and for all work performed and Work Product. Metafy provides no express warranty of, will have no implied warranty of, and will have no responsibility for, the Staffing Provider’s services, freelancers, The Users and firms Services and/or Work Product. Metafy expressly disclaims all express and implied warranties for freelancers, The Users and firms Services and/or Work Product, including, without limitation, warranties of non-infringement, merchantability, and fitness for a particular purpose. As between Metafy and The User, freelancers, The Users and firms Services, Work Product, and deliverables are provided AS IS.

The following are the services provided by the Staffing Provider for Payroll Employees assigned to The User: (a) calculation and payment of wages (including any applicable overtime wages) based upon submitted timesheets; (b) collection, payment, and reporting of all required taxes on such wages; (c) unemployment insurance and workers’ compensation coverage; (d) administration of legally required benefits, including health insurance, disability insurance, paid sick leave, paid vacation, severance, notice or termination costs, retirement benefits or other welfare or pension benefits; and (e) administration of legally required leaves of absence, wage garnishments, and unemployment claims.

The User acknowledges and agrees that neither Metafy nor the Staffing Provider will control the work environment in which a Payroll Employee will perform services for The User. The User will be solely responsible for ensuring that the work environment is safe and free from harassment and discrimination as required by applicable law.

The User will be solely responsible for protecting its property, including by implementing and enforcing any agreements, policies or procedures to protect The User’s intellectual property and confidential information.

If The User assigns a Payroll Employee any supervisory duties or gives a Payroll Employee authority to sign tax returns, render accounting or legal opinions, issue negotiable instruments, or make final decisions of the nature of those generally made by The User’s executives, officers, or directors, The User agrees that The User and freelancers, The Users and firms are solely responsible for any such decisions or actions by the Payroll Employee.

The User will inform Staffing Provider through Metafy (at Payroll@metafy.live) if any Payroll Employee supervises other The User employees or Payroll Employees or will handle hazardous materials or operate heavy machinery.

If a Payroll Employee is required to possess or maintain any license or be supervised by a supervisor with a special license, The User will be responsible for verifying such license and/or providing such supervision.

The User acknowledges and agrees that Payroll Employees are not employees of Metafy and that Metafy does not supervise or control Payroll Employees. The User further acknowledges and agrees that (a) Metafy does not have the power or ability to require a freelancers, The Users and firms to start or stop work; (b) Metafy does not determine or control any term or condition of freelancers, The Users and firms’s employment (including, but not limited to, pay, work hours, work schedules, work locations, performance evaluations, discipline, and termination); (c) Metafy merely provides the platform for The User to assign work to freelancers, The Users and firms and separately facilitates the relationship between Staffing Provider and freelancers, The Users and firms; and (d) Metafy is not an employer or joint employer of the freelancers, The Users and firms.

With respect to all Payroll Employees, The User will comply with all applicable legal requirements, including without limitation all laws prohibiting discrimination, harassment, and retaliation and all laws concerning meal and rest breaks, expense reimbursements, leave, and safety. The User will also comply with all reasonable directives by the Staffing Provider regarding the Payroll Employee.

The User will immediately inform Staffing Provider through Metafy (at Payroll@metafy.live) of (a) any complaint by or against a Payroll Employee of harassment, discrimination, retaliation or unlawful activity; or (b) any request by a Payroll Employee for a leave of absence or disability accommodation or any awareness by The User of a potential disability or need for leave or accommodation. The User will cooperate with Staffing Provider to complete a prompt and thorough investigation of any complaint or to provide any leave or accommodation required by law.

All Payroll Employees must be paid on an hourly, non-exempt basis unless the Staffing Provider explicitly approves an exempt determination. If the Staffing Provider approves an exempt determination, the The User is solely responsible for ensuring the determination remains appropriate. The User agrees never to request, encourage, or require Payroll Employees to work off the clock or without reporting time to the Staffing Provider. The User will not prohibit or discourage any Payroll Employee from taking any meal or rest break authorized by law and/or by the Staffing Provider.

Your payments for Metafy Payroll are governed by the terms below, as well as the Hourly and Miscellaneous Payment Agreement with Escrow Instructions.

You recognize and agree that all hours recorded and submitted to the Staffing Provider by your Payroll Employees will automatically be deemed approved by you, and you authorize those hours to be paid by you. In addition, Payroll Employees do not pay any Service Fees to Metafy. Instead, the The User pays the fees, as described below. The User also understands and agrees that The User is responsible for covering the cost of all Payroll Employee wages, even if, for example, a Payroll Employee reports having worked more than the number of hours authorized by The User.

The total amount the The User pays is the “Bill Rate”, which includes the Payroll Employee’s hourly rate or salary amount (the “Pay Rate”) as well as Metafy fees. The The User will pay Metafy’s service fees for the use of the platform and the use of Metafy Payroll (collectively, the “Payroll Service Fees”). The Payroll Service Fees are 23% of the Bill Rate. For example, if the The User Bill Rate is $25.00 per hour, the Payroll Employee’s Pay Rate would be $19.25. All fees are paid by the The User, and there are no Metafy fees paid by freelancers, The Users and firmss for engagements using Metafy Payroll.

To use Metafy Payroll, The User acknowledges and agrees that the Pay Rate on Metafy must be at least the minimum wage in the location where the Payroll Employee works.

In addition to the Bill Rate, The User acknowledges and agrees that it will be responsible for any additional costs required under applicable law. These additional costs vary based on the location of the Payroll Employee and include overtime premiums, expense reimbursements, sick leave, vacation, severance, notice or termination costs, health insurance (including costs under the Affordable Care Act), and other similar benefits (collectively, “Additional Costs”). For more information on these Additional Costs, please email Payroll@metafy.live.

The User’s payments of amounts for wages, expense reimbursements, miscellaneous invoices, and bonuses are governed by the Hourly, Bonus and Expense Payment Agreement with Escrow Instructions.

The workweek begins at 00:00 midnight UTC on Monday and ends at 23:59 UTC on Sunday. The workday begins at 00:00 midnight UTC and ends at 23:59 UTC. The Bill Rate (for employees who are paid by salary) or the Bill Rate multiplied by the number of hours worked for the previous workweek, including any overtime premium pay (for employees paid by the hour) will be charged to The User’s Payment Method on the Monday following the end of the workweek or at such other time as communicated by Metafy or Staffing Provider in writing. Additional Costs will be charged to The User’s Payment Method after The User is provided notice of the Additional Costs. Bonuses and expense reimbursements will be charged to The User’s Payment Method after they are approved by The User.

The User can provide notices required under this Agreement to Payroll@metafy.live.

The User will provide written notice within 24 hours of its own receipt of any notice of a work-related accident or injury, and within three days of its receipt of any notice of any garnishment orders, involuntary deduction orders, notices of IRS liens, and other forms of legal process affecting the payment of wages to a Payroll Employee.

The User will provide written notice within three days of any changes to the job description or work hours of a Payroll Employee, including any change from part-time to full-time status.

The User will provide written notice of the termination of a Payroll Employee’s assignment (whether initiated by The User or the Payroll Employee) by providing notice of the termination, including the Payroll Employee name, The User, and termination date to Payroll@metafy.live either (a) at least three business days before the Payroll Employee’s last day of employment; (b) immediately if employee quits without notice; or (c) such longer time as may be required to provide the Payroll Employee with adequate notice of termination under the law where the Payroll Employee resides or is legally organized. Failure to timely provide notice may result in additional obligations to the Payroll Employee under applicable law, and The User agrees to pay any such costs.

The User also will provide Metafy notice, as provided above, if a Payroll Employee performs no work for The User for more than 10 consecutive Business Days due to any reason other than planned time off or legally required leave (which includes, without limitation, legally required medical or family leave).

In addition to the indemnification obligations set forth in the User Agreement, The User agrees to (a) release, indemnify, hold harmless, protect, and defend Metafy and its respective partners, employees, directors, officers, agents, affiliates, and subsidiaries (each an “Indemnified Party”) from and against any and all claims by any person or entity, including a freelancers, The Users and firms or Payroll Employee; and (b) reimburse any Indemnified Party for any claims, expenses, costs (including attorneys’ fees and court costs), obligations, losses, and damages (whether joint or several and including special, consequential, compensatory, or punitive damages), whether arising in contract, tort, or otherwise, related to: (i) actual or alleged acts, errors, or omissions (including, but not limited to, breaches of contract or violations of statutes, laws, rules, or regulations) by The User, its employees (including Payroll Employee(s)), partners, agents, affiliates, members, subsidiaries, representatives, and officers; (ii) any breach of or failure to perform under this Agreement, including, but not limited to, The User’s failure to accurately or timely report wages, hours, expenses, and other reimbursements owed a Payroll Employee or payment of taxes for which The User is responsible; (iii) any alleged failure to properly classify one or more Payroll Employees as exempt from overtime; (iv) actual or alleged errors in any timesheet(s) provided to Metafy and/or the Staffing Provider; (v) The User’s failure to pay a timesheet properly submitted for payment by Payroll Employee; (vi) the actual or alleged failure of The User to comply in any respect with any workplace law or law related to the employment of persons, including, but not limited to, any location’s laws with respect to the payment of wages or the treatment of employees, and including, without limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act of 1993, and Title VII of the 1964 Civil Rights Act (collectively, “Employment Laws and Regulations”), or (vii) the actual or alleged failure of Metafy or the Staffing Provider to comply in any respect with the Employment Laws and Regulations based in whole or in part (A) on any instruction(s), act(s), or failure(s) to act of The User; or (B) on any incorrect, misleading, or false information provided by The User to Metafy or the Staffing Provider. This indemnification provision will survive the expiration or other termination of this Agreement or The User’s relationship with Metafy.

Metafy may enter into a contract with a new provider or multiple providers to act as the employer of Payroll Employees (“New Company”) and may end or change contracts with existing providers. If requested as a result of such changes, The User will cooperate with such New Company in every reasonable manner to ensure uninterrupted performance of Metafy Payroll.

Without limiting Metafy’s ability to terminate services provided to The User under other Terms of Service, Metafy may terminate Metafy Payroll at any time after providing The User with notice of such termination at least 30 days in advance of the final day Metafy Payroll will be offered (the “Termination Date”). The Staffing Provider will have the obligation for wages and benefits accrued to Payroll Employees through and including the Termination Date, at which point such duties will cease. Additionally, all obligations of the Staffing Provider to maintain workers’ compensation insurance coverage and/or health care coverage on behalf of Payroll Employees will cease on the Termination Date.

The User, or another third party designated by The User in The User’s sole discretion and only if it elects to designate a third party, as the case may be, will immediately assume all federal, state, and local obligations of an employer to the Payroll Employees and will immediately assume full responsibility for providing payroll services and workers’ compensation coverage. The User will inform Payroll Employees that they are no longer covered by the Staffing Provider’s workers’ compensation and/or health care policies.

Upon the Termination Date, Metafy will immediately be released from such obligations as are permitted by law, but Metafy and the Staffing Provider will not be relieved of any such obligations that accrued or occurred prior to the Termination Date.

This Agreement and any Claim or action related thereto will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The Users located in the India and its territories agree that any Claim between The User and Metafy must be resolved as described in the subsections of the User Agreement titled “Informal Dispute Resolution” and “Mandatory Binding Arbitration and Class Action/Jury Trial Waiver.”

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.

This Agreement, and the parties’ rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by a party without the other party’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

The parties will evidence execution and delivery of this Agreement with the intention of becoming legally bound, by accepting the Terms of Service on the Site.

If you have any questions, or need assistance, please contact Payroll@metafy.live

Software License Agreement

This End User License Agreement (“EULA”) is a legal agreement between you and Metafy Global Inc. and its affiliates (“Metafy”, “we”, or “us”). This EULA governs your use of the Metafy software and any third party software that may be distributed therewith (collectively the “Software”). Metafy agrees to license the Software to you (personally and/or on behalf of your employer) (collectively “you” or “your”) only if you accept all the terms contained in this EULA. By installing, using, copying, or distributing all or any portion of the software, you accept and agree to be bound by all of the terms and conditions of this EULA. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

Your use of the Software is also subject to your agreements with us concerning your use of the Metafy.live website (the “Site”) and the services provided through that website. This EULA hereby incorporates by reference all terms, conditions rules, policies and guidelines on the Site, including the Metafy Terms of Service (the “Terms of Service”). Please also see the Metafy Privacy Policy (the “Privacy Policy”) at https://www.Metafy.live/legal/privacy-policy/. Capitalized terms not defined in this EULA are defined in the Terms of Service.

Subject to your compliance with the terms and conditions of this EULA, Metafy grants you a non-exclusive, non-transferable right to use the executable code version of the Software for your use solely in connection with work you perform on or through the Site.

You agree not to modify, display, adapt, translate, loan, distribute, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software. You may not publish, redistribute, sublicense or sell the Software or any information or material associated with the Software. You may not rent, lease or otherwise transfer your rights to the Software. You may not use the Software in any manner that could damage, disable, overburden or impair the Site, nor may you use the Software in any manner that could interfere with any other party’s use and enjoyment of the Site. You agree that you will use the Software for lawful purposes and only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. In addition, you shall not perform, nor release the results of any testing of the Software to any third party without the prior written consent of Metafy. You also agree not to remove, obscure, or alter any copyright notice, trademarks or other proprietary rights notices contained within or accessed in conjunction with or through the Software.

The Software is licensed, not sold, to you for use pursuant to the terms of this EULA. All rights not expressly granted to you are reserved to Metafy or its licensors or third party providers. You acknowledge that Metafy or its licensors or third party providers own all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the Software, portions thereof, or any information or material provided through or in conjunction with the Software. Your rights to use the Software shall be limited to those expressly granted in this Section 1. All rights not expressly granted to you are reserved by Metafy, its licensors or third party providers. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all other proprietary rights, and all applications, registrations, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

THE SOFTWARE IS PROVIDED BY Metafy AND ANY OF OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS “AS IS,” WITH NO WARRANTIES WHATSOEVER. Metafy EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COMPUTER PROGRAMS ARE INHERENTLY COMPLEX, AND THE SOFTWARE MAY NOT BE FREE OF ERRORS. THE SOFTWARE IS PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. Metafy DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE.

Privacy Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, Metafy DISCLAIMS LIABILITY IN THE EVENT OF THE UNAUTHORIZED ACCESS TO OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION OR PRIVATE COMMUNICATIONS BY THIRD PARTIES.

Jurisdictional Limitations

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE OR TO THE MINIMUM PRESCRIBED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

The provisions of this Section 2 and of Section 3 shall survive the termination of this EULA, but this shall not imply or create any continued right to use the Software after termination of this EULA.

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL Metafy, OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF THE SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF Metafy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM THE PERFORMANCE OR MISPERFORMANCE OF THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

EXCEPT AS LIMITED BY APPLICABLE LAW, REGARDLESS OF THE BASIS FOR YOUR CLAIM, Metafy’S, LICENSORS’ AND THIRD PARTY PROVIDERS’ TOTAL LIABILITY UNDER THIS EULA SHALL BE LIMITED TO DIRECT DAMAGES WHICH SHALL NOT EXCEED THE AMOUNT OF FEES PAID FOR THE LICENSED SOFTWARE GIVING RISE TO THE CLAIM, OR ONE U.S. DOLLAR ($1.00), WHICHEVER IS LESS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING PROVISIONS SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY FOR MONETARY DAMAGES IN RESPECT OF ANY BREACH OF OR DEFAULT UNDER THIS AGREEMENT BY Metafy.

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Metafy and its subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any claim or demand made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the Software or its features, any alleged violation of these terms, or any alleged violation of any applicable law or regulation. Metafy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse your indemnity obligations.

The Software creates a means for others to record the visual output (“Screenshot”) of your computer. You hereby acknowledge and agree that each time you activate the Software, the Software may periodically transmit Screenshots to Metafy. These Screenshots may be displayed in the Metafy work diary when the Screenshot is captured. These Screenshots may include, without limitation, the visual output of all open programs, windows, backgrounds, taskbars, system trays, multiple screens, title bars, menus, graphics, screen savers, and any information, images, and text therein. You acknowledge and agree that, if your confidential information is displayed as visual output of your computer while the Software is active, such confidential information may be included in a Screenshot, transmitted to Metafy, and displayed in the applicable work diary. In order to prevent transmission of your confidential information to Metafy, you agree not to access your confidential information while the Software is active. Although we have taken reasonable measures to prevent unauthorized persons from gaining access to your computer via the Software, we cannot foresee or control the actions of third parties. Therefore, use of the Software could make you vulnerable to security breaches that you might not otherwise face and could result in the loss of your privacy or property. You agree that Metafy is not liable to you for security breaches resulting from your use of the Software or otherwise..

Metafy reserves the right to modify or change this EULA from time to time without notice to You. The latest version will be available on the Site. Metafy also may update or modify the Software from time to time at its discretion. Your election to continue use of the Software, after the date of posting of these modifications to the EULA or to the Software constitutes acceptance of those modifications. If you do not agree with the modifications, do not use the Software.

You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the Software or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to India embargo; (b) you will not export or re-export the Software to any prohibited country, person, end-user or entity specified by India Export Laws.

This EULA is effective as soon as you install, use, copy or distribute the Software and shall continue until it is terminated by Metafy or you, as provided for under the terms of this Section. Unless otherwise agreed to in writing with us, either you or we may terminate the contractual agreement represented by this EULA at any time upon notice to the other party. This EULA, including without limitation your right to the Software as specified in Section 1, terminates immediately and without notice from Metafy if you fail to comply with any of its provisions. Upon termination you shall immediately discontinue use of and destroy the Software and all copies or portions thereof, including any master copy, and within ten (10) days certify in writing to Metafy that all copies have been destroyed.

Sections 1.3, 2, 3, 4, 7, 8.2 and 9 of these terms will survive any termination of this EULA. The termination of this EULA does not limit Metafy’s other rights it may have by law.

If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, it shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force.

Audit

You agree that, on Metafy’s request, you will certify in writing your compliance with the terms of this EULA.

Assignment

You may not assign this EULA or sublicense, assign, transfer or delegate any right or duty hereunder, without the prior written consent of Metafy, at our sole discretion. Notwithstanding the foregoing, Metafy may assign or transfer this EULA or any rights granted hereunder without your prior consent. This EULA is binding on and will inure to the benefit of the parties successors and permitted assigns.

Entire Agreement

This EULA and the terms expressly incorporated by reference herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Metafy is committed to providing an accessible experience to our customers and the public, regardless of background, nationality, race, ethnicity, gender, gender identity, sexual orientation, disability status, veteran status, or other similarly protected characteristics. This Metafy Digital Accessibility Statement concerns our commitment to providing access to persons with disabilities. Please also see our Nondiscrimination Statement.

Third-Party Websites

Metafy's website may contain links to web pages hosted by third parties. Metafy does not make representations with regard to the accessibility of third-party websites and is not able to remediate accessibility barriers on such websites.

Feedback

Metafy always strives to ensure that our services are available to all users, including individuals with disabilities. If you have any query with Metafy, please contact us by sending us an email at queries@Metafy.live

Privacy Policy

This Privacy Policy tells you about Metafy's Global policies, use and disclosure of information through the www.Metafy.Live website. It includes websites, features, and online services owned or controlled by Metafy. It also includes any information Metafy collects offline in connection with the Service.

All your personal information that Metafy would ask for or demand information about is covered in this Privacy Policy. We’ve provided, in short, details regarding how and what we would ask in the name of the Privacy Policy.

 

The “Site” of Metafy would be referred to as “Metafy”, “we”, “us” and/or “our”. This Site is operated by Metafy and has been created to provide information about Metafy. This Privacy Policy sets forth Metafy’s policy with respect to information, including personally identifiable data (“Personal Data”), and other information that is collected from Site visitors and users of the Service.
Your access to and use of this Site and the Service is subject to Metafy’s Terms and Conditions.

 

This Privacy Policy sets out how Metafy collects, retains, and uses information, including personal data (“Personal Data”) and non-identifiable data, about Service users and Site visitors. This Privacy Policy also covers data that Metafy collects in-person, for instance at business conferences and trade shows, or through client support.
When you interact with us through the Site or the Service, we may collect Personal Data and other information from you, as further described below.

Information We Collect
We collect Personal Data that is entered on our Service, Site, or sent to us electronically, for example when you complete a web form to give Personal Data to us directly (such as contact our support), when you voluntarily provide such information such as when you register for access to the Metafy Service (account level data including your name, email, and password), contact us with inquiries or respond to one of our surveys. Wherever Metafy collects Personal Data we make an effort to provide a link to this Privacy Policy.
When you interact with Metafy through the Site or services, we automatically collect certain information, including via cookies. Please read the “Site Visitors” section below for more information.

How we use that information

To Provide The Services And Respond To Requests
Metafy uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Service, we will use your Personal Data to provide you with access to the Service, maintain your account, contact you regarding your use of the Service and/or the Site or to notify you of important changes to the Service and/or the Site, and to monitor your use of such services. For individuals in the EU, such use is necessary to respond to or implement your request and for the performance of the contract between you and us.

For Marketing Purposes
We may use your contact details to tell you about services we believe will be of interest to you, upcoming events or other promotions. If we do so, each marketing communication we send you will contain instructions permitting you to "opt out" of receiving future marketing communications. Note however that as user of our services you cannot opt out of some administrative communications that are reasonably necessary to the services, such as service notifications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
Where required by applicable law (for example, if you are an individual in the EU), we will only send you marketing information by email if you consent to us doing so at the time you provide us with your Personal Data. When you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you or by contacting us as indicated below.

As Necessary For Certain Legitimate Interests
We use your Personal Data for the legitimate interests described below: To send administrative information to you, for example, information regarding the Site and changes to our terms, conditions, and policies, to respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services, to conduct analytics on how the Site and our Service are being used by you for our internal purposes (namely for providing, maintaining, benchmarking and improving our offerings, identifying usage trends and determining the effectiveness of our promotional campaigns) and to inform our marketing strategy and personalize our communications with you (including providing information on our features and other marketing and service-related announcements relevant to the content and features you engage with), to supplement the information that we collected from you with information obtained from third parties (described above) in order to update, expand and analyze our records, and provide products and services that may be of interest to you, to prevent fraud or criminal activity, misuses of our products or services, and ensure the security of our IT systems, architecture and networks, to (a) comply with legal obligations and legal process, (b) respond to requests from public and government authorities including public and government authorities outside your country of residence; (c) enforce our terms and conditions; (d) protect our operations; (e) protect our rights, privacy, safety or property, and/or that of you or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain. This applies for also when you ask us to delete your data and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing. 

This applies to individuals in the EU, please see the “EU Individuals” section below for information on our legitimate interests and your rights.
If Metafy intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected and pursuant to the applicable law.

Site Visitors
When you interact with Metafy through the Site or the Service, we and our service providers acting on our behalf will automatically collect information about you through cookies (small text files placed on your device) and other technologies. As Metafy is hosted on Metafy _’s domain, please refer to its Cookie Policy to learn more about how we use cookies and other technologies.
As a visitor to our Site, our servers record information (“log data”), including information that your browser automatically sends whenever you visit the Site. This log data includes your Internet Protocol (“IP”) address (from which we understand the country you are connecting from at the time you visit the Site), browser type and settings, the date and time of your request.
Where the information that we collect automatically on our Site is Personal Data, our legal basis for the use of this information is that it is necessary for the purposes of our legitimate interests in maintaining the safe operation of our Site as well as in learning how Site visitors interact with our Site to improve your use of it.

Non-Identifiable or Aggregated Data
When you interact with Metafy through the Site or Service, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Metafy may store such information itself or such information may be included in databases owned and maintained by Metafy affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors’ Internet service providers, and how our users use and interact with the Service. Also, in an ongoing effort to better understand and serve the users of the Service, Metafy often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. Metafy may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. Metafy may also disclose aggregated user statistics in order to describe our Service to current and prospective business partners, and to other third parties for other lawful purposes.

Information Collected
Wherever Metafy collects Personal Data we make an effort to provide a link to this Privacy Policy. In addition, and without limiting the disclosures herein, Metafy may receive, store or otherwise use your Personal Data, including your activity usage as an individual contributor to a project on the Service, and provide reports containing such Personal Data to the designated project managers of the projects within the Service upon which you work.
BY VOLUNTARILY PROVIDING US WITH PERSONAL DATA, YOU ARE CONSENTING TO OUR USE OF IT IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU PROVIDE PERSONAL DATA, YOU ACKNOWLEDGE AND AGREE THAT SUCH PERSONAL DATA MAY BE TRANSFERRED FROM YOUR CURRENT LOCATION TO THE OFFICES AND SERVERS OF Metafy AND THE AUTHORIZED THIRD PARTIES REFERRED TO HEREIN LOCATED IN THE India.

Our Disclosure of Your Personal Data and Other Information
Metafy is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
Business Transfers
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Related Companies
We may also share your Personal Data with our affiliates and related companies (such as Metafy _) for purposes consistent with this Privacy Policy.
Agents, Consultants and Related Third Parties
Metafy, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, billing and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Legal Requirements
Metafy may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Metafy or any related company, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

Data Controller
Metafy’s related company Metafy is the data controller for processing your Personal Data. The data controller is responsible for deciding how Personal Data about you is used. Please see the “Contacting Metafy” section below to find out how to contact us, which also provides the contact details of our representative in the EU for purposes of the General Data Protection Regulation.
Your Rights
Subject to applicable EU law, you have the following rights in relation to your Personal Data:

Right of access. If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

Right to rectification. If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

Right to erasure. You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.

Right to restrict processing. You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

Right to data portability. You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.

Right to object. You may ask us at any time to stop processing your Personal Data, and we will do so:

Rights in relation to automated decision-making and profiling. You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, which produce a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent. We are not currently processing your Personal Data for such type of automated decision-making, including profiling, but if we elect to do so in the future we will provide you with notice and choice, in accordance with EU data protection law. Right to withdraw consent. If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time, but this will not affect any processing of your data that has already taken place.

Right to lodge a complaint with the data protection authority. If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

We rely on your legitimate interest to process your Personal Data - unless we demonstrate compelling legitimate grounds for the processing or if we are processing your Personal Data for direct marketing, we won’t be using your personal data for any other purposes. You may exercise your rights by contacting us as indicated under the “Contacting Metafy” section below.


Legitimate Interest
“Legitimate interests” means our interests in conducting and managing our organization and delivering the best Services to you. This Privacy Policy describes when we process your Personal Data for our legitimate interests, what these interests are and your rights. We will not use your Personal Data for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law. You have the right to object to processing that is based on our legitimate interests. For more information on your rights, please see “Your Rights” section above.


Data Transfers
Metafy is based in India. When you apply as a Freelancer or use our services as a Client, or otherwise use our Site, your Personal Data will be transmitted to servers in the India as necessary to provide you with the services that you requested, administer our contract with you or to respond to your requests as described in this Privacy Policy, and the data may be transmitted to our service providers supporting our business operations (described above). The India may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located. Where we transfer your Personal Data out of the European Economic Area (EEA) we will take steps to ensure that your Personal Data receives an adequate level of protection where it is processed and your rights continue to be protected.
Data Retention
Our policy is to keep your Personal Data only for as long as is reasonably necessary to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.
To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.

Your Choices
You can use the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain features of the Service.

Exclusions
This Privacy Policy does not apply to any Personal Data collected by Metafy other than Personal Data collected through the Site or Service. This Privacy Policy shall not apply to any unsolicited information you provide to Metafy through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as forums (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Metafy shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Children
Metafy does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Metafy through this Site, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Web Sites
This Privacy Policy applies only to the Site. This Site may contain links to other websites not operated or controlled by Metafy (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that Metafy endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Security
Metafy takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

Changes to Metafy’s Privacy Policy
The Site and our business may change from time to time. As a result, at times it may be necessary for Metafy to make changes to this Privacy Policy. Metafy reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy


Contacting Metafy

Please contact us if you have any questions about Metafy’s Privacy Policy or the information practices of this Site.
You may contact us as follows: by email at Privacy@Metafy.Live.

Disclaimer

From Metafy, you might receive emails, promotional advertisements and links from third-party websites that might redirect you to external websites. While we provide only reliable content and useful links to you regarding whatever concerns us first-hand, we have no control over the content and nature of such websites and do not make any warranty/hold any responsibility for the accuracy of this information. Thus, if you don't wish to receive such content on behalf of Metafy, you can unsubscribe anytime by mailing us at unsubscribe@metafy.live

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