Terms of Use

These terms govern your use of the KBOO platform and services. Please read them carefully.

Last updated: February 2026

TERMS & CONDITIONS OF USE OF KBOO PLATFORM


These Terms and Conditions of Use ("T&C") govern your access to and use of the KBOO – WORK YOUR WAY online platform (the "Platform") and its associated digital services (the “Services”), operated by Conectys Serv Telecom SRL, a company established under the laws of Romania  (“KBOO”, "we", "us", or "our").

By accessing or using our Platform, you (the "User") agree to be bound by and comply with these T&C, the KBOO Community Guidelines, the KBOO Privacy Policy, as well as any applicable laws and regulations including, but not limited to the General Data Protection Regulation (“GDPR”), and the Digital Services Act (“DSA”).

The Services operate as an intermediary service under EU law and do not establish any employment relationships with and/or between Users.

 

1.     DEFINITIONS

Unless otherwise set forth in these T&C, the following terms and expressions shall have the meaning set out below:

  •          Freelancer: An individual who registers on the Platform to offer and perform professional services, tasks, or projects, independently and on a freelance and non-exclusive basis, to third-parties, namely Clients.
  •          Client: A legal entity that registers on the Platform to post freelance project opportunities.
  •          User: Any individual (Freelancer) or legal entity (Client) that registers, interacts with, or uses the Platform and the Services.

 

2.     NATURE OF THE PLATFORM

2.1. The Platform provides a digital marketplace and online intermediary service through which Clients post freelance project opportunities, and Freelancers can offer, respond, engage and provide professional services to such Clients. The Platform provides tools for searching, matching, communication, contracting, and payment facilitation between Users, but does not itself provide the professional services offered by Freelancers or procure such services on behalf of Clients.

2.2. No Employment, Agency, or Partnership Relationship. The Platform solely facilitates connections between Freelancers and Clients. It does not create an employment relationship (including any labor, partnership, agency, or joint venture relationship) between:

  •          Freelancer and Client;
  •          Freelancer and KBOO; and/or
  •          Client and KBOO.

2.3. All contracts for services rendered by Freelancers to Clients are entered directly between the Freelancer and the Client. KBOO is not a party to any of these agreements and assumes no responsibility or liability for any aspect of their execution, performance, and/or enforcement, including but not limited to the quality, delivery, and/or invoicing and payment. Accordingly, KBOO assumes no responsibility or liability for:

  •          the scope, quality, or timeliness of any services, tasks or projects;
  •          the content, legality, or accuracy of any project posting, proposal, or deliverable;
  •          the conduct of any User; or
  •          any disputes, claims, or damages arising from or relating to the relationship between Freelancers and Clients, including invoicing and payment obligations, except to the limited extent expressly set out in these Terms (for example, where KBOO facilitates payment processing or dispute resolution mechanisms).

2.4. Hosting and Content Role. KBOO acts as a hosting provider for User‑generated content (including profiles, project postings, proposals, messages, and reviews) within the meaning of the Digital Services Act. User‑generated content is provided solely by Users, not by KBOO, and Users remain solely responsible for the information and content they post, transmit, or otherwise make available through the Platform. KBOO may, in accordance with the DSA and these Terms, moderate, remove, restrict, or disable access to User‑generated content or accounts where it becomes aware of illegal content or breaches of these Terms or the Community Guidelines, using a combination of human review and automated tools as described in Section 7 .

3.     RESPONSIBILITIES OF FREELANCERS

3.1. Freelancers hereby expressly acknowledge and agree that they act as independent contractors in their use of the Services, and that no employment, partnership, agency, or joint venture relationship is created through their use of the Services vis-à-vis the Clients and/or KBOO. Freelancers operate independently and are solely responsible for the manner and means by which they provide services.

3.2. Freelancers assume full responsibility for their use of the Platform, as well as the performance and/or delivery of their services, including but not limited to:

  •          Setting their own rates and availability in accordance with the Platform’s functionality;
  •          Performing services agreed with Clients in a professional and timely manner, and in accordance with the project scope agreed between the Freelancer and each respective Client;
  •          Complying with all applicable legal, tax, and regulatory obligations in their jurisdiction, including, where applicable, business registration, tax filings, invoicing, and VAT;
  •          Ensuring that the work and any agreed deliverables do not infringe any third-party rights;
  •          Managing all communication and project coordination with Clients independently, without involvement from KBOO.

3.3. Compliance with Community Guidelines. All Freelancers agree to use the Platform in full compliance with these Terms of Use, as well as the KBOO Community Guidelines, which form an integral part of this agreement. Users are expected to uphold a respectful, professional, and ethical standard of behavior at all times.

3.4. Prohibited conduct. Without prejudice to the KBOO Community Guidelines, Freelancers agree that they shall not, in connection with their use of the Platform or the performance of any services, tasks or projects for Clients:

3.4.1. False or misleading identity and profile information

  •          Create, operate, or use any fraudulent, false, or misleading profile or account.
  •          Misrepresent or conceal their identity, qualifications, experience, portfolio, certifications, licenses, references, or professional affiliations.
  •          Impersonate any person or entity, including another Freelancer, Client, or any KBOO representative.

3.4.2. Deceptive proposals, work samples, and deliverables

  •          Submit proposals, portfolios, work samples, test tasks, or deliverables that are false, deceptive, plagiarized, or that they are not able and willing to perform competently and in a timely manner.
  •          Present work created by others (including by third parties or automated tools) as their own original work without proper authorization, attribution, or license where required.

3.4.3. Manipulation of Platform systems and trust signals

  •          Attempt to manipulate or interfere with any ratings, reviews, feedback, search or recommendation results, or other ranking algorithms, including by generating fake reviews, feedback rings, or artificial engagement (for example, through bots, click farms, or coordinated activity).
  •          Offer, request, or provide any form of payment, discount, or other benefit in exchange for positive feedback, or threaten negative feedback to obtain unearned advantages.

3.4.4. Spam, phishing, and unauthorized data collection

  •          Engage in spam, phishing, malware distribution, or any other abusive or deceptive communications, including mass unsolicited messages to Users.
  •          Collect, harvest, scrape, sell, or disclose personal data of Clients, other Freelancers, or third parties (including email addresses, phone numbers, or other contact data) except as strictly necessary for the performance of services and in compliance with applicable data protection laws and the KBOO Privacy Policy.

3.4.5. Circumvention of the Platform

  •          Solicit, induce, or accept off‑Platform payments or off‑Platform engagements in violation of the No‑Circumvention and Non‑Solicitation rules (including by sharing contact or payment details for the purpose of bypassing the Platform and its fees).

3.4.6. Infringement of laws, IP rights, and privacy

  •          Infringe or assist others in infringing any intellectual property rights (including copyright, trademarks, trade secrets, or database rights) in any content, tools, or deliverables used or provided through the Platform.
  •          Violate any privacy, data protection, or personality rights (including unlawful processing, disclosure, or use of personal data) in the course of using the Platform or providing services or ignore legitimate takedown or correction requests.

3.4.7. Illegal, harmful, or abusive activities

  •          Use the Platform to offer, request, promote, or perform any services that are illegal, fraudulent, deceptive, abusive, discriminatory, or otherwise prohibited under the Community Guidelines, applicable law, or these Terms.
  •          Harass, threaten, stalk, defame, or discriminate against any User or third party, or otherwise engage in conduct that may reasonably be considered hostile, unsafe, or harmful.

3.4.8. KBOO may take appropriate enforcement actions (including warnings, content removal, restriction of features, suspension, or termination of accounts) in response to any breach of this Section 3.4, in accordance with Section 7 and Section 16 .

 

4.     RESPONSIBILITIES OF CLIENTS

4.1. When using the Services and/or interacting with the Platform, Clients assume full responsibility for:

  •          Providing accurate, complete, and clear project postings, including the scope of work, timelines, deliverables, and payment terms, in accordance with the Project Posting requirements defined in the KBOO Community Guidelines;
  •          Abiding by all applicable laws and regulations, including but not limited to tax, business and data protection regulations relevant in their jurisdiction;
  •          Treat Freelancers respectfully and fairly, and in accordance with KBOO Community Guidelines;
  •          Ensuring timely and full payments for all work performed by Freelancers, as agreed between the Client and each respective Freelancer;
  •          Providing all information, access, materials, content, tools, and decisions reasonably necessary for Freelancers to perform the services, projects, and/or tasks, within agreed timelines;
  •          Not instructing Freelancers to engage in any activity that is illegal, fraudulent, misleading, or contrary to these Terms or the Community Guidelines.

4.2. Clients acknowledge and agree that Freelancers are independent contractors and are not Clients’ or KBOO’s employees. Accordingly, Freelancers are not entitled to any employment-related benefits, entitlements or protections under EU or local labor law.

 

5.     ELIGIBILITY & REGISTRATION REQUIREMENTS 

5.1. GENERAL

5.1.1. User Responsibilities. By registering on the Platform, all Users expressly acknowledge and agree to comply with the following terms and responsibilities regarding the creation, use, security and management of their accounts.

5.1.2. Account Creation. In order to access the Services, each User must create an account. Users undertake to provide accurate, complete, and current information during the registration process. The information provided must be truthful, up-to-date, and reflect a User’s real identity. The creation of accounts using false, misleading, or incomplete information is strictly prohibited. Failure to provide accurate information may result in the suspension or termination of a User’s account, without any liability towards the Platform.

5.1.3. Eligibility. By registering, Users confirm that they are legally eligible to use the Platform in accordance with the applicable laws of their respective jurisdiction, including but not limited to:

  •          being of the required age of at least 18 years (or the legal age of majority in their jurisdiction, if higher);
  •          having full legal capacity to enter into binding contracts; and
  •          are not subject to any restrictions, sanctions, or prohibitions that would prevent them from lawfully using the Services or engaging in platform‑mediated transactions.

KBOO may implement age‑assurance and verification measures where necessary to comply with applicable law and to protect minors and other Users.

5.1.4. User Account Types. Users may either register as a Freelancer or a Client (as each term is defined in these T&C). Each account type comes with different functionalities and may require additional information or verification (for example, business registration or tax information for Clients, or portfolio and identity checks for Freelancers) in accordance with applicable law. Users must select the appropriate role during the registration process and, where necessary, may be required to complete separate onboarding flows to access specific features (e.g. high‑value projects, certain regulated service categories).

5.1.5. Account Information. Users hereby agree to keep their registration details updated, at all times. The Platform shall not be responsible or held liable for any issues caused by, or that may arise from, any outdated or incorrect information.

5.1.6. Identity Verification and Know Your Customer (KYC).  

(a) You authorize KBOO, directly or through authorized third-party service providers, to make any inquiries we consider reasonably necessary to:

  •          Validate your identity,
  •          Confirm your location, residency and/or business affiliation,
  •          Validate your payment instruments and beneficial ownership, and
  •          Comply with anti-money laundering (AML), counter-terrorist financing (CTF), sanctions, and payment service regulations.

These checks may include checking your information against third-party databases, public registers, sanctions lists, or other lawful sources.

(b) Upon request, Users must promptly provide accurate and legible copies of any information or documentation reasonably required for verification, which may include, without limitation:

  •          personal details such as full name, date of birth, nationality or other personal/business details;
  •          provide copies of official identification documents (passport, national ID, or driver’s license);
  •          business registration documents (such as certificate of incorporation, trade register extract, VAT number, or equivalent);
  •          information on directors, authorized signatories, and beneficial owners (for legal entities).

(c) KBOO reserves the right to suspend, restrict, or terminate an account if we are unable to verify the information provided to our reasonable satisfaction.

(d) Disbursements, including withdrawals from the Platform, will only be made to the beneficiary whose name (or legal entity name) matches the identity documents and account information provided and successfully verified through the KYC / KYB process. KBOO may refuse or delay payments where verification is incomplete, inconsistent, or raises legal or compliance concerns.

(e) KBOO may update, at any time and at its sole discretion, the User’s registration data in order to reflect the verified identity or business documentation (for example, correcting spelling of names or updating legal entity names following corporate changes).

(f) Users who have not completed the identity verification process may face restrictions, including but not limited to:

  •          the inability to withdraw funds;
  •          post or accept projects beyond certain value thresholds;
  •          access specific categories of services or Clients; or
  •          continue to use the Services after a defined grace period.

Such restrictions are designed to ensure compliance with KYC, AML/CTF, sanctions, and payment regulations and to protect the integrity and security of the Platform.

5.1.7. Right to Refuse Registration. KBOO reserves the right to deny registration or to suspend or terminate any account, at its sole discretion, where it reasonably suspects:

  •          misuse, fraudulent activity;
  •          the User has provided false, misleading, or incomplete information;
  •          or non-compliance with these T&C or the Community Guidelines, without any obligation to provide justification to the User;
  •          allowing or continuing access would expose KBOO or other Users to unacceptable legal, regulatory, operational, or security risk.

Where legally required or appropriate, KBOO will inform the User of the main reasons for refusal, suspension, or termination and of any available appeal or review mechanisms, in accordance with Section 7.3   (Internal Complaint‑Handling) and applicable law.

5.2. USER CREDENTIALS – SECURITY & RESPONSIBILITY

5.2.1. Account Access and Credentials. Upon registration, Users must create a username and password, which will be used to access their respective accounts. Users are solely responsible for maintaining the confidentiality of their account credentials, including username and password.

5.2.2. Account Security Measures. Users are responsible for the security of their accounts and are encouraged to take the following minimum steps to secure it:

•        Use strong, unique passwords (e.g., a combination of letters, numbers, and special characters) and multi-factor authentication (MFA), if available.

•        Regularly update passwords and avoid re-using old passwords, including those used for other services.

•        Ensure that devices and the Platform’s app or website are protected by up-to-date anti-virus software and firewalls.

•        Not sharing account credentials with any third parties or using another User’s credentials to access their account.

5.2.3. Monitoring Account Activity. Users must regularly monitor and review the activity in their account, especially regarding payments, job postings, and communications. If a User notices any unusual, suspicious, or unauthorized activity in their account, the User must notify the Platform’s customer support team immediately. Users are strongly advised to review their transaction history regularly to ensure that all payments and project details are accurate. Users are responsible for any activity under their account, whether authorized or not, until the Platform has taken action to secure their account.

5.2.4. Platform’s Role in Account Security. While the Platform takes reasonable steps to ensure the security of the system, it is each individual User’s responsibility to ensure the security of their own access credentials. KBOO will never request passwords or sensitive login credentials by email, phone, or any channel outside the Platform. The Platform is not liable for any loss or damage that arises from a breach of a User’s account security including, but not limited to, unauthorized access, identity theft, and/or data loss.

5.3. ACCOUNT MANAGEMENT & RESPONSIBILITIES

5.3.1. Accuracy of Information. Users must ensure that all information provided during the registration process and throughout the use of the Platform remains accurate, complete, and up to date. Failure to do so may affect a User’s ability to use certain services on the Platform or result in account suspension or termination.

5.3.2. Account Usage. Users hereby warrant and agree to use their account in a lawful and responsible manner. Further, Users shall not use their account, or rely on the Platform and/or the Services in any way, to engage in any activity that would compromise the integrity and/or legitimacy of the Platform, the Services and/or KBOO, including but not limited to:

•        Using the account, the Platform and/or the Services to engage in illegal activities (such as, but not limited to, fraud, identity theft, hacking, or other illegal activities).

•        Using credentials for spamming, phishing, or any other activity that violates these T&C.

5.4. PASSWORD RESET & RECOVERY

5.4.1. Password Reset Requests. In the event of forgotten passwords, the Platform provides a secure mechanism for resetting passwords. For this purpose, Users will need to provide information to verify their identity (such as registered email address). As such, Users are expected to ensure that their registered email addresses are kept up-to-date and accessible.

5.4.2. Recovery of Account Access. In the event of a compromised account, or inability to access a User account, for any reason, Users must follow the Platform's account recovery process. This may involve answering pre-defined security questions, identity verification, and/or any additional steps required to ensure that the account is being accessed by the rightful owner.

5.5. ACCOUNT PRIVACY

5.5.1. Compliance with Data Protection Laws. The Platform shall process and protect Users’ personal data in compliance with the General Data Protection Regulation and other relevant EU data protection laws. By registering, Users agree to the Platform’s Privacy Policy, which outlines how personal data is collected, stored, protected and otherwise processed. Where applicable, the Platform may also comply with transparency obligations under the EU Digital Services Act (DSA).

 

6.     PAYMENTS & FEES

6.1. Payment Facilitation and Flow. All payments are processed through one or more payment service providers integrated with the Platform (the “Payment Services”). By using the Platform, Users agree to be bound by the terms and conditions, notices and fees of such payment providers. Unless expressly stated otherwise, KBOO itself does not hold client funds as a payment institution or bank; it acts as a technical facilitator of payment instructions transmitted to the Payment Services. KBOO is not responsible for any issues, delays, or liabilities arising from the use of these third-party payment services.

6.2. Service Fees. The Platform may charge service fees to Freelancers and/or Clients. These fees may include, but are not limited to:

  •          A percentage of the transaction amount;
  •          Payment processing fees charged by payment providers;
  •          Withdrawal fees (where applicable);
  •          dispute handling or chargeback fees where applicable.

All applicable fees will be transparently disclosed prior to any transaction. KBOO reserves the right to adjust these fees, with prior notice as required by applicable laws or regulations.

6.3. Responsibility for Taxes. KBOO is not a party to the service agreement between Client and Freelancer and does not act as an employer, joint venturer, or tax agent for any User.
Each User is solely responsible for:

  •          Determining their tax, social security, and regulatory classification;
  •          Assessing, reporting and remitting any applicable taxes, social contributions, or other statutory payments (e.g., VAT, income tax, self-employment tax); and
  •          Ensuring compliance with all relevant tax laws in their jurisdiction.

KBOO DOES NOT PROVIDE TAX, LEGAL, OR ACCOUNTING ADVICE OR CONSULTANCY SERVICES.

6.4. Platform Currency and Foreign Exchange (FX). The primary operating currency of the Platform is [EUR] (unless otherwise indicated). Project prices, invoices, and balances may be displayed in other currencies for convenience. Where currency conversion is required (for example, Client paying in one currency and Freelancer receiving in another), the applicable exchange rate and any FX margin or fee will be determined by the relevant Payment Service and disclosed to the User where feasible. Users are responsible for any bank fees, intermediary bank charges, or FX costs imposed by their own financial institutions.

 

7.     ACCEPTABLE CONDUCT & CONTENT

7.1. USERS’ COMMITMENT

7.1.1. Users expressly agree to comply with the KBOO Community Guidelines, at all times, when using the Services and/or interacting with the Platform, as well as with other Users.

7.1.2. Users hereby expressly represent and warrant that they shall not:

  •          Violate any applicable EU or national laws;
  •          Misrepresent their identity or qualifications;
  •          Submit false or misleading content;
  •          Infringe intellectual property rights;
  •          Harass, abuse, or discriminate against others.

7.1.3. Users expressly acknowledge and agree that they are solely responsible for the information and content posted by Users and that, by uploading or submitting any information and content, Users represent that (i) they have the right to do so, and (ii) any information and content shall comply with the terms of the KBOO Community Guidelines.

7.2. ‘NOTICE-AND-ACTION’ SYSTEM.

7.2.1. To ensure that Users have the right and ability to report on any illegal or harmful content, or on any content and information that violates the KBOO Community Guidelines, the Platform provides a n accessible notice-and-action mechanism that allows Users to notify KBOO of any such instances.

7.2.2. Users may submit any such notices via KBOO’s dedicated online form [________],  specifying the content in question and the reason for the report. Notices must include sufficient detail to allow KBOO to identify and assess the reported content.

7.2.3. Upon receiving a valid notice, KBOO will promptly assess the report, using human review and/or automated tools, and will take appropriate action (including removal, restriction, or disabling access to the content), where necessary.

7.2.4. Users who submitted a notice will be informed of the outcome of their report. Users affected by a moderation decision will also be promptly notified in writing, with reasons provided and with access to KBOO’s appeal channels.

7.3. INTERNAL COMPLAINT-HANDLING.

7.3.1. KBOO offers an internal complaint-handling system  to Users who wish to appeal or contest any removal, takedown, suspension or termination decision taken on grounds of illegal content and/or violation of the KBOO Community Guidelines.

7.3.2. KBOO shall review any requests received through the internal complaint-handling system in good faith and shall respond to such requests in a timely manner.

7.3.3. To the extent that the request submitted via the internal complaint-handling system contains sufficient grounds to consider, at KBOO’s reasonable discretion, that the original decision was unfounded, or that the reported conduct does not warrant the measure that was applied, KBOO shall employ all reasonable means to reverse the decision.

7.3.4. The internal complaint-handling system is without prejudice to any other rights afforded to Users by law, including out-of-court dispute settlement bodies.

7.4. KBOO’S RIGHTS.

7.4.1. Content Moderation. KBOO reserves the right to monitor, review and assess information and content shared on the Platform to identify and address illegal activity, fraudulent behavior, or violations of these Terms of Use. Content moderation may include removal, restriction, or disabling access to such content, and may be carried out through a combination of automated tools and human review. Users will be promptly notified of any moderation decision affecting their content, together with a clear statement of reasons, and shall have the right to contest such decisions through the appeal channels made available by KBOO.

7.4.2. Breach of Community Guidelines. We reserve the right to remove or disable any information or content, and to suspend and/or terminate accounts that violate these rules or compromise the safety and integrity of the Platform and/or of its Users. Such actions shall be taken, on a case-by-case basis, in an informed manner, and in accordance with the terms of the KBOO Community Guidelines.

7.4.3. Misuse of review and appeal systems. KBOO reserves the right to act in the event of misuse by User of the notice-and-action and the internal complaint-handling systems. In particular, KBOO shall have the right to suspend a User’s ability to submit notices or complaints, upon prior notice and for a reasonable period of time, provided that Users frequently submit notices or complaints, via the available systems, that are manifestly unfounded. Any such decision shall consider (i) the number of manifestly unfounded notices or complaints submitted within a given period, (ii) the gravity of the misuse and its consequences (e.g. times and effort spent dealing with unfounded report), and (iii) to the extent possible, the intention of the User when submitting unfounded reports (e.g. whether reports target the same Client or offer).

7.4.4. Reporting of criminal offences. KBOO reserves the right to promptly inform the relevant law enforcement authorities as soon as KBOO becomes aware of any User information or content that gives rise to a suspicion that a criminal offence involving the threat to the life and safety of a person or persons has taken place, is taking place or is likely to take place, in compliance with applicable law.

 

8.     RECOMMENDER SYSTEM

8.1. KBOO may use algorithms or other automated systems to recommend project opportunities to Freelancers and Freelancer profiles to Clients (the “Recommender System”).

8.2. The main criteria underlying the Recommender System may include but not be limited to: (i) a match between the published project requirements and the publicly available profile information; (ii) past performance or ratings (if applicable); or (iii) availability, language, or region (if specified).

8.3. Users have the right to modify their preference for recommendation in their profile settings.

 

9.     CONFIDENTIALITY

9.1. CONFIDENTIAL INFORMATION

9.1.1. For the purposes of these T&C, "Confidential Information" refers to any information, whether written, oral, or electronic, that is disclosed by one party ("Disclosing Party") to another party ("Receiving Party") while using the Platform and the Services, and which is:

  •          Clearly marked or designated as confidential, or
  •          Information that, given the nature of the information or the circumstances surrounding its disclosure, should be reasonably understood to be confidential.

9.1.2. Confidential Information may include, but is not limited to:

  •          Personal data of Users (including Freelancer profiles, Client job descriptions, communications, payment details, etc.);
  •          Trade secrets, business strategies, financial information, technical data, and proprietary algorithms made available by the Disclosing Party to the Receiving Party.

9.2. OBLIGATIONS OF CONFIDENTIALITY

9.2.1. Without prejudice to any other agreements that may be agreed upon between individual Freelancers and Clients, the Receiving Party agrees:

9.2.1.1. To keep all Confidential Information confidential and not to disclose it to any third party without the prior written consent of the Disclosing Party, except as required by law or by a competent regulatory authority, and then only to the minimum extent required and, where legally permissible, after giving prior notice to the Disclosing Party.

9.2.1.2. To use the Confidential Information solely for the purpose for which it was disclosed and not for any other purpose, including but not limited to any commercial exploitation of the Confidential Information.

9.3. EXCEPTIONS TO CONFIDENTIALITY

9.3.1. The obligations of confidentiality do not apply to information that:

9.3.1.1. Was in the public domain at the time of disclosure or becomes publicly available without breach of these Terms;

9.3.1.2. Was already in the Receiving Party’s possession at the time of disclosure, without any obligation of confidentiality;

9.3.1.3. Is independently developed by the Receiving Party without reference to or reliance on the Disclosing Party’s Confidential Information;

9.3.1.4. Is required to be disclosed by law, regulation, or court order provided that the Receiving Party gives prompt notice (where lawful) and limits disclosure to the minimum necessary.

9.4. RETURN OR DESTRUCTION OF CONFIDENTIAL INFORMATION

Upon the termination of your User account or upon the request of the Disclosing Party, the Receiving Party agrees to return or destroy all Confidential Information, including all copies, extracts, and notes derived from it, except where retention is required by applicable law (e.g., for tax, audit, or compliance purposes).

9.5. SURVIVAL OF OBLIGATIONS

The obligations of confidentiality provided herein shall survive the termination of your account, or the termination of your use of the Platform, and shall continue in full force and effect for a period of three (3) years thereafter, or for so long as the information remains confidential, whichever is longer.

9.6. PLATFORM’S ROLE

KBOO does not mediate, monitor, or enforce confidentiality obligations between Freelancers and Clients. Users are encouraged to enter into separate Non-Disclosure Agreements (NDAs) where necessary to protect their information.

 

10.       INTELLECTUAL PROPERTY

10.1.  KBOO retains all rights, title, and interest in and to the Platform, including but not limited to its design, content, software, features, functionality, trademarks, logos, and other proprietary materials, excluding User-generated content. Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform and Services solely in accordance with these Terms.

10.2.  By uploading or submitting any content to the Platform (including but not limited to portfolios, profiles, messages, deliverables, or reviews), Users grant KBOO a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, publish, display, and distribute such content solely for the purposes of operating, promoting, and improving the Services.

10.3. Unless otherwise agreed in writing between the Freelancer and the Client, and subject to full payment of all applicable fees, all rights, title, and interest in and to the work product, deliverables, or materials created by a Freelancer for a Client through the Platform, shall transfer from the Freelancer to the Client upon final payment.

10.4. Until such payment is made in full, the Freelancer retains all rights, title, and interest in the Deliverables, and the Client may not use, reproduce, or distribute them.

10.5. KBOO is not a party to any agreement between Freelancer and Client regarding Deliverables and assumes no responsibility for the scope, quality, or enforceability of any intellectual property rights transferred or retained.

10.6. Freelancers warrant that Deliverables provided to Clients will be original or otherwise lawfully licensed and will not infringe any third-party intellectual property rights.

10.7. Use of Client Name and Logo. By registering as a Client on the Platform, the Client grants KBOO a limited, worldwide, non-exclusive, royalty-free, revocable license to use the Client’s name, logo, and brand identifiers (“Client Marks”) for the sole purpose of identifying the Client as a User of the Platform and for promoting the Platform and its Services (including on KBOO’s website, Platform interface, marketing materials, presentations, investor documents, and social media).

KBOO shall use the Client Marks only in a factual, accurate, and non-misleading manner and shall not imply any sponsorship, endorsement, partnership, or employment relationship, unless expressly authorized in writing by the Client. Where the Client has provided brand guidelines, KBOO shall make reasonable efforts to comply with them.

The Client may withdraw this authorization at any time by providing written notice to KBOO. Upon such notice, KBOO will cease using the Client Marks for future materials within a reasonable period, without prejudice to any already-issued materials.

All rights in and to the Client Marks remain vested exclusively in the Client. Nothing in these Terms shall be construed as transferring or assigning any intellectual property rights in the Client Marks to KBOO, other than the limited license expressly set out in this Section 10.7.

11.       WARRANTIES

11.1. Platform Provided "As-Is". The Platform and the Services are made available on an "as-is" and "as-available" basis by KBOO and any of our licensors and/or third-party service providers. To the fullest extent permitted by applicable law, we do not provide any warranties, express or implied, regarding the Services, the operation of the Platform, or the content provided on it.

11.2. No Warranty for Content Accuracy or Legality. KBOO does not guarantee the accuracy, completeness, reliability, or legality of any content and/or information posted by Users, including project postings, profiles, and/or communications between Freelancers and Clients. The responsibility for ensuring that content complies with applicable laws, as well as the KBOO Community Guidelines, lies solely with the User posting such content.

11.3. No Guarantee of Availability . KBOO will use reasonable efforts to ensure that the Platform is generally available, and operating as intended. However, the Platform and the Services are provided on an “as is” and “as available” basis, and we do not guarantee that:

  •          the Platform will be uninterrupted, error-free, or available at all times;
  •          compatible with any specific device, browser, operating system, or network environment.

We may, at any time and without liability, suspend, withdraw, or limit access to the Platform for maintenance, upgrades, security updates, capacity management or operational reasons, implement emergency changes or protective measures, without prior notice where reasonably necessary to address security, performance, legal, or stability issues.

Where reasonably feasible, we will provide prior notice of scheduled maintenance or anticipated disruptions. KBOO shall not be responsible for any temporary downtime or service disruptions. Temporary downtime, reduced performance, or service interruptions will not give rise to any right to compensation, refund, or damages.

11.4. No Guarantee of Job Matching or Success. KBOO does not guarantee that Freelancers will receive project opportunities or income, or that Clients will find suitable Freelancers through the Platform. We do not guarantee that any agreements made through the Platform will result in a successful contract or completion of work.

11.5. No Warranty for Third-Party Links. The Platform may include links to, or may integrate with, third-party websites or services including, but not limited to, payment processors or external job boards. We are not responsible for the content, availability, accuracy, or legality of these external websites or services, and we disclaim any liability arising from your use of such third-party websites or services. When engaging with third-party websites or services through the Platform, Users must comply with the applicable terms and conditions of those websites or services. We encourage all Users to review those terms carefully before engaging with such third-party websites or services.

11.6. To the maximum extent permitted by applicable law, we expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenues, data, or goodwill, arising out of or in connection with your use of the Platform and Services.

 

12.       LIMITATION & INDEMNIFICATION

12.1. LIMITATION OF LIABILITY

12.1.1. No Liability for Platform’s Actions or Content. To the maximum extent permitted by applicable law, KBOO and its affiliates, directors, employees, agents, and licensors shall not be liable for any loss, damage, injury, cost, or expense arising from:

(i) the use of, or inability to use, the Platform;

(ii) the accuracy, completeness, or legality of any content (including job postings, profiles, and communications) posted by Users;

(iii) any transactions or agreements made between Freelancers and Clients, including any disputes that may arise;

(iv) the actions or omissions of third-party service providers, such as payment processors or external job boards; and

(v) any failure of the Platform to meet the expectations of Users, including job matching or job completion.

12.1.2. Exclusions. To the maximum extent permitted by applicable law, in no event shall KBOO, its affiliates, officers, directors, employees, agents, contractors, or licensors be liable to any User or third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

  •          loss of profits, revenues, business, or contracts;
  •          loss or corruption of data or information;
  •          loss of goodwill or reputation;
  •          loss of anticipated savings or business opportunities; or
  •          costs of substitute services or procurement of replacement services,

arising from or related to:

  •          these Terms & Conditions;
  •          the use, or inability to use, of the Platform and/or the Services;
  •          any content, data, or materials posted by Users or third parties;
  •          any transactions, agreements, or disputes between Users; or
  •          any unauthorized access to, or alteration of, User content or communications,

whether in an action in contract, tort (including negligence, strict liability, or breach of statutory duty), misrepresentation, restitution, breach of warranty, or otherwise, even if we have been advised of the possibility of such damages.

12.1.3. Limitation of Liability. To the extent permitted by law, KBOO’s total liability in respect of any claim arising from or in connection with your use of the Platform and/or the Services (whether for breach of contract, tort, or any other cause of action) shall not exceed: the total amount of Platform service fees you paid to the Platform in the three (3) months immediately preceding the event giving rise to the liability.

For the avoidance of doubt:

  •          "Platform service fees" means fees paid by the User to KBOO (not amounts paid between Users for projects or services, and not fees charged by third-party Payment Services).
  •          This cap applies per User and in the aggregate for all related claims arising from the same facts, events, or series of events.
  •          Multiple claims or causes of action do not increase the cap.

12.1.4. Consumer Protection. Nothing in these T&C shall affect a User’s statutory rights as a consumer under applicable EU consumer protection law. To the extent that any provision of this section is inconsistent with such laws, the applicable laws shall take precedence.

12.1.5. No Liability for Force Majeure Events. Neither party shall be liable for any delay, failure in performance, or breach of these T&C (other than for payment obligations) due to events beyond their reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, natural disasters, strikes, network outages, and regulatory changes (collectively, "Force Majeure").

 

12.2. INDEMNIFICATION

12.2.1. Indemnification by Users. Users (including both Freelancers and Clients) agree to indemnify, defend, and hold harmless KBOO, its affiliates, officers, directors, employees, and agents, from and against any and all third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees), arising out of or relating to:

  •          Any breach by the User of these Terms or applicable laws or regulations;
  •          Any violation by the User of third-party rights, including intellectual property or data protection rights;
  •          Any content, deliverables, or materials submitted, shared, or published through the Platform;
  •          Any dispute between Users (including but not limited to service quality, non-performance, or payment issues);
  •          The User’s failure to fulfill applicable tax, social security, employment, or regulatory obligations.

This obligation shall survive the termination of the User’s access to the Platform.

12.2.2. Indemnification by KBOO. KBOO agrees to indemnify and hold harmless Users from and against any proven damages, liabilities, or losses arising directly from:

  •          KBOO’s material breach of these Terms;
  •          KBOO’s violation of applicable data protection laws (e.g. GDPR), where KBOO acts as a data controller and such violation results in demonstrable harm to the User,

provided that the claim is not caused, in whole or in part, by the User’s actions, omissions, or violation of these Terms.

12.2.3. Indemnification Process.  The party seeking indemnification (the “Indemnified Party”) shall:

  •          Promptly notify the indemnifying party in writing upon becoming aware of a claim;
  •          Provide reasonable cooperation and information to the indemnifying party in connection with the defense or settlement of the claim;
  •          Allow the indemnifying party to assume control of the defense and settlement of the claim, provided that no settlement imposes any liability or obligation on the Indemnified Party without its prior written consent.

The Indemnified Party may, at its own expense, participate in the defense with counsel of its choosing.

12.2.4. Exclusions from Indemnification.  Neither party shall be required to indemnify the other to the extent that the claim:

  •          Is caused by the gross negligence, willful misconduct, or breach of these Terms by the Indemnified Party;
  •          Arises from a failure of the Indemnified Party to comply with applicable laws;
  •          Is the result of a force majeure event or other circumstances beyond the reasonable control of the Indemnifying Party;
  •          Could have been mitigated had the Indemnified Party taken reasonable steps upon receiving notice of the claim.

13.    INSURANCE

13.1. Responsibility of Users.  All Users (both Freelancers and Clients) acknowledge that they are solely responsible for obtaining and maintaining adequate insurance coverage appropriate to the nature of the services they provide or receive through the Platform. This may include, but is not limited to, professional indemnity insurance, general liability insurance, business insurance, cyber risk insurance, health insurance, or workers’ compensation, as applicable.

Freelancers are strongly encouraged to maintain insurance relevant to their profession and industry, while Clients are responsible for holding any necessary coverage related to the work being contracted. KBOO does not verify the existence or adequacy of such insurance for any User.

13.2. No Insurance Provided by KBOO.  KBOO does not provide, require, or facilitate insurance coverage for any User. The Platform does not act as an insurer and assumes no responsibility for any risk, loss, liability, or damages arising out of the services performed or received through the Platform.

 

14.    ANTI-BRIBERY, ANTI-FRAUD & PLATFORM INTEGRITY

14.1. Compliance with Anti-Bribery and Anti-Fraud Laws

All Users (Freelancers and Clients) must fully comply with all applicable anti-bribery, anti-corruption, and anti-fraud legislation, including:

  •          The EU Convention on Corruption (Council of Europe),
  •          Directive (EU) 2017/1371 on the fight against fraud to the Union’s financial interests,
  •          Applicable national laws in jurisdictions where they operate,
  •          And any other relevant local or international anti-bribery or anti-fraud laws.

The following conduct is strictly prohibited on the Platform:

  •          Offering, giving, soliciting, or accepting bribes or kickbacks to gain unfair advantage or influence decisions;
  •          Misrepresentation of information, qualifications, or services with the intent to deceive;
  •          Creation or use of fake profiles, job postings, or service offers;
  •          Use of the Platform for fraudulent transactions, including money laundering or tax evasion.

14.2. Protection of Platform Integrity

Users acknowledge that fraudulent, deceptive, or illegal activities jeopardize the integrity, security, and reputation of the Platform. As such:

  •          KBOO maintains a zero-tolerance policy for fraud, corruption, and abuse;
  •          All Users must act honestly, transparently, and in good faith at all times;
  •          Users must not engage in or facilitate any conduct that could damage the trustworthiness of the Platform.

14.3. User Obligations

Each User agrees to:

  •          Ensure that all content, profiles, transactions, and interactions on the Platform are lawful and genuine;
  •          Immediately report any suspected fraud, bribery, or suspicious behavior to KBOO at [email protected];
  •          Cooperate with any Platform-led investigation, including providing requested information, documents, or other relevant materials;
  •          Only use Platform-authorized payment channels for any transaction;
  •          Refrain from engaging in any form of misleading, exploitative, or manipulative behavior.

14.4. KBOO's Rights and Enforcement Measures

KBOO reserves the right to take any of the following actions in response to suspected or confirmed breaches of this clause:

  •          Account suspension or termination, with or without prior notice;
  •          Monitoring and auditing of User activity to detect unusual behavior;
  •          Background checks on Users (to the extent legally permitted);
  •          Cooperation with authorities, including reporting incidents to relevant enforcement bodies and sharing necessary User data;
  •          Pursuit of civil or criminal remedies, including recovery of damages and reputational harm.

KBOO shall not be liable for any consequences arising from enforcement actions taken in good faith to protect the integrity, security and reputation of the Platform.

14.5. Consequences of Breach

Violations of this section may result in:

  •          Immediate suspension or permanent ban from the Platform;
  •          Legal action and possible criminal prosecution;
  •          Financial liability for any direct or indirect damages caused to KBOO or its Users;
  •          Recovery of investigation costs and legal expenses from the offending User;
  •          Public disclosure of the suspension/ban in cases of serious or repeated violations (where appropriate and legally permissible).

14.6. Fraud Prevention and Awareness

KBOO may, at its sole discretion:

  •          Implement identity verification procedures and fraud detection technologies (tools may use machine learning, statistical analysis, or other automated methods and may be combined with manual human review) and procedures to identify, investigate, and mitigate fraudulent, abusive, or suspicious activity on the Platform, including;

o   advanced identity verification (including biometric, document, and liveness verification);

o   IP geolocation, and behavioral analysis;

o   transaction monitoring and anomaly detection;

o   review of payment instruments, banking relationships, and financial account ownership;

o   detection of account sharing, multi-accounting, or coordinated abusive behavior;

o   analysis of review and rating patterns for signs of manipulation;

o   screening against sanctions lists, watchlists, and adverse media sources.

 

  •          Implement ongoing monitoring, beyond initial Know Your Customer (KYC) verification at registration, of User accounts and activities throughout the relationship, including:

o   periodic re-verification or enhanced due diligence for high-risk Users or transactions;

o   continuous screening against updated sanctions, PEP (Politically Exposed Person), and watchlist data;

o   monitoring for changes in User information, ownership, or risk classification;

o   review of transaction patterns, velocity, and volumes for suspicious activity;

o   assessment of potential money laundering, terrorist financing, or financial crime indicators;

o   Risk-based monitoring may be more intensive for high-value transactions, cross-border activity, or Users in higher-risk jurisdictions.

  •          Provide Users with educational resources, guidance, and best practices to help Users identify and protect against common scams or unethical practices affecting freelance platforms, including:

o   tips on setting strong passwords and enabling multi-factor authentication (MFA);

o   warnings about common social engineering, phishing, and advance-fee schemes;

o   information on secure payment practices;

o   Require Users to confirm legitimacy of their activity through declarations or confirmations.

Fraud prevention and ongoing monitoring activities are conducted in compliance with applicable anti-money laundering (AML), counter-terrorist financing (CTF), sanctions, GDPR, and other relevant laws and regulations, as these may apply.

 

14.7. Reporting Mechanism

If you witness or suspect any breach of this clause, you must report it immediately:

Email: [email protected]

All reports will be treated confidentially and investigated promptly.

 

15.    ADDITIONAL DOCUMENTATION REQUIREMENTS

15.1. Additional Documentation Upon Selection. Clients may, at their discretion, require Freelancers to sign additional agreements or documentation before beginning work, particularly if the nature of the work involves sensitive or confidential information, security protocols, or compliance with industry-specific regulations. These may include, but are not limited to:

•                    Non-Disclosure Agreements (“NDAs”) to protect the confidentiality of proprietary information, trade secrets, or other sensitive data;

•                    Data Processing Agreements (“DPAs”) for compliance with the GDPR or any other applicable data protection laws or regulations;

•                    Security Protocols or Access Control Agreements if the work involves access to confidential systems, networks, or physical assets;

•                    Intellectual Property Assignment or License Agreements to establish the ownership of the work product created during the project or engagement; or

•                    Any further documentation that a Client may deem reasonable and/or necessary considering the nature and scope of any given project or engagement (all together referred to as “Additional Documentation”).

15.2. Freelancer’s Obligation to Comply. Freelancers are required to comply with any such Additional Documentation requirements imposed by Clients, including:

•                    Reviewing, signing, and adhering to any such Additional Documentation required by the Client as a condition of the engagement, involvement in the project, or performing the work;

•                    Seeking outside legal advice or counsel, at their own expense, before signing; and

•                    Ensuring that any signed documents are consistent with applicable EU laws and these Terms.

15.3. Platform’s Role. KBOO does not assume responsibility for the content or validity of any Additional Documentation that is required by Clients. Such Additional Documentation is solely between the Freelancer and the Client, and neither the Platform nor KBOO shall for any intents and purposes be considered a signatory or a party to such Additional Documentation. KBOO may provide templates or guidance regarding standard agreements, but any specific legal requirements or contracts should be reviewed and approved by each individual User.

15.4. Confidentiality and Security Compliance. If any Additional Documentation requires the Freelancer to meet specific confidentiality or security requirements, the Freelancer agrees to:

•                    Adhere to the security protocols specified by the Client, including maintaining the confidentiality of any data or information provided by the Client; and

•                    Ensure that any confidential information received from the Client during the course of work is handled in compliance with the GDPR and other applicable EU data protection laws.

15.5. Non-Interference with Platform Terms. The signing of any Additional Documentation between Freelancers and Clients does not affect their rights or obligations under these T&C. Any Additional Documentation signed directly between the Freelancer and the Client is separate from the contractual relationship between Users and the Platform. However, Freelancers and Clients must ensure that such Additional Documentation do not conflict with these T&C. If there is a conflict between any additional documentation and these Terms, the Freelancer must immediately notify both the Platform and the Client to resolve any discrepancies.

15.6. Conflicts or Non-Compliance. Conflicts arising from such Additional Documentation must be resolved directly between Users. Freelancers who unreasonably refuse to sign lawful Additional Documentation may be refused from participating in the project and/or engagement at the Client’s discretion, it being expressly agreed that the Platform or KBOO shall not be responsible or liable for any consequences arising from such refusals.

 

16.    ACCOUNT SUSPENSION AND TERMINATION 

16.1. Termination by Users. Users may close or delete their account at any time, in accordance with the Platform’s deactivation terms, as set out below. Termination will not affect any obligations or liabilities incurred prior to the date of termination.

16.1.1. Right to Close Account. Users may close or deactivate their account at any time by:

  •          submitting a written request to [email protected] with the subject line "Account Closure Request."

16.1.2. Pre-Closure Requirements. Before account closure can be completed, Users must:

  •          complete, cancel, or otherwise resolve all active projects with the agreement of the relevant counterparty (Client or Freelancer);
  •          settle all outstanding payments (amounts owed to or by the User);
  •          resolve or withdraw all open disputes; and
  •          pay any outstanding Platform service fees or other amounts due to KBOO.

16.1.3. Notice Period. Except where all pre-closure requirements have been met, account closure will take effect days after the request is submitted (the "Notice Period"). KBOO may waive the Notice Period where the User has no active projects, outstanding payments, or disputes.

​16.1.4. Effect of Termination. Upon account closure:

  •          The User's access to the Platform and Services will be disabled.
  •          KBOO will retain User data in accordance with the Privacy Policy and applicable data retention obligations (including tax, AML, and dispute resolution record-keeping requirements, typically 6–10 years).
  •          Sections of these Terms that by their nature survive termination (including confidentiality, intellectual property warranties, indemnification, limitation of liability, and governing law) will continue to apply.
  •          User-posted content (reviews, messages, project postings) may be retained in anonymized or de-identified form where necessary for Platform integrity or legal compliance.

16.1.5. Data Export and Portability. Users may request a copy of their personal data in machine-readable format (pursuant to GDPR Article 20) before or within 30 days of account closure by contacting [email protected].

16.1.6. Reactivation. Users may request reactivation of a closed account within days of closure by contacting [email protected]. After 90 days, reactivation is at KBOO's sole discretion, and Users may need to create a new account.

​16.2. Termination by KBOO. Without prejudice to KBOO’s rights pursuant to Section 7.4 and Section 16.3.,  KBOO reserves the right to suspend or terminate Users’ access to the Platform and/or the Services (including the ability to post projects, submit proposals, send messages, or receive payments) where:

  •          KBOO is conducting an investigation into suspected breach of these Terms, the Community Guidelines, or applicable law;
  •          KBOO has received a credible report of fraudulent, abusive, or illegal activity;
  •          additional identity verification, KYC, or enhanced due diligence is required;
  •          there is a pending dispute, chargeback, or payment issue requiring resolution;
  •          the User has failed to respond to requests for information or cooperation within a reasonable time; or
  •          immediate suspension is necessary to protect the Platform, other Users, or third parties from imminent harm, legal violation, or security threat.

Any suspension or termination decision shall be notified to the User together with the reasons for the decision, and Users shall have the right to appeal through KBOO’s internal complaint-handling system.

For the avoidance of doubt, KBOO's rights to suspend or terminate accounts under this Section 16 are in addition to, and do not limit, suspension or termination rights set out elsewhere in these Terms, including:

  •          Section 5.1.6(c) (suspension for failure to complete identity verification);
  •          Section 5.1.7 (right to refuse registration);
  •          Section 7.3.2 (suspension or termination for breach of Community Guidelines);
  •          Section 14.4 and 14.6(e) (suspension or termination for fraud, bribery, anti-corruption violations);
  •          Section 18 (consequences of non-solicitation / circumvention breaches); and
  •          Section 19.4.2 (suspension for sanctions violations).

Where multiple provisions apply, KBOO may exercise any or all available remedies.

16.3. Account Suspension or Termination for Security Reasons.

16.3.1. Suspension for Security Concerns. If the Platform suspects any security breach or suspicious activity on a User’s account, the Platform reserves the right to suspend the account or restrict access to certain services temporarily to protect personal data and the security of the Platform.

16.3.2. Cooperation in Security Investigations. In case of a security breach or suspected unauthorized access, Users agree to cooperate fully with the Platform to investigate the matter. This includes providing any necessary information, data, or access to assist in resolving the issue.

16.3.3. Termination for Security Violations. If a User is found to have intentionally compromised the security of the Platform (e.g., by deliberately distributing malware or engaging in fraudulent activities), the Platform has the right to terminate the User’s account immediately, without prior notice, and pursue legal action if necessary.

 

17.    DISPUTE RESOLUTION

17.1. Scope of This Section. This Section 17 governs disputes arising between Users (Freelancer and Client) in connection with projects, services, deliverables, payments, or other transactions conducted via the Platform (the "Dispute"). Common disputes include, but are not limited to:

  •          quality, completeness, or timeliness of deliverables;
  •          scope disagreements or change requests;
  •          non-payment or payment disputes;
  •          intellectual property ownership or infringement claims;
  •          cancellation, refund, or partial completion issues; or
  •          alleged breach of project terms or conduct violations;

For disputes between a User and KBOO regarding these Terms, Platform access, fees, or account actions, see Section 7.3 (Internal Complaint-Handling System) and Section 19 (Governing Law and Jurisdiction).

In the event of a Dispute, claim, or disagreement between a Freelancer and a Client (a “Dispute”) within scope, both parties agree to first attempt to resolve the matter directly through the Platform’s messaging and project management tools, acting in good faith and with a view to reaching a fair and efficient resolution.

17.2. Mediation by KBOO.If the parties are unable to resolve the Dispute within [7] days, either party may escalate the matter to KBOO for mediation. Upon escalation:

  •          Both parties shall submit their positions, supporting evidence (such as communications, deliverables, and payment records), and any other relevant information.
  •          A KBOO representative will act as a neutral facilitator (not as a judge or arbiter) to help the parties reach a voluntary, mutually acceptable resolution (e.g., revised deliverables, partial refunds, adjusted timelines).
  •          Mediation shall not result in a binding decision by KBOO, unless both parties expressly agree to a proposed resolution.

17.3.Arbitration.If mediation does not resolve the Dispute within [14] days of initiation, either party may submit the Dispute to final and binding arbitration, to be administered by an independent third-party arbitration body, in accordance with its applicable rules.

  •          The seat of arbitration shall be ICC International Court of Arbitration. The parties may mutually agree on an alternative arbitration body or ad hoc arbitration under UNCITRAL Arbitration Rules.
  •          The language of arbitration shall be English.
  •          The arbitrator’s decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

17.4. Escrow & Payment Holds.KBOO may, at its discretion, place disputed funds in escrow or hold pending payments until the Dispute is resolved. Funds shall be released in accordance with the outcome of the mediation or arbitration process.

17.5. Fees.

  •          Mediation: No fee shall apply for mediation facilitated by KBOO.
  •          Arbitration: The costs of arbitration shall be shared equally by the parties, unless otherwise decided by the arbitrator. A filing fee may be required to discourage frivolous claims.

17.6. Time Limits.

  •          Any Dispute must be formally raised for mediation by KBOO within [30] calendar days of the project milestone or completion date giving rise to the Dispute.
  •          Failure to raise a Dispute within this timeframe may result in the claim being dismissed for mediation by KBOO.

17.7. Consumers. Nothing in this Section affects the statutory rights of Users who qualify as consumers under applicable EU or national consumer law. Consumers may alternatively bring claims before the competent courts of their place of residence or domicile or make use of out-of-court dispute resolution mechanisms available under national or EU law.

17.8. No Class Actions. To the maximum extent permitted by law, all Disputes must be brought in the name of, and on behalf of, the individual User only. Users waive any right to participate in any class action, collective action, or representative proceeding against KBOO.

17.9. Survival. The provisions of this Section 17 shall survive termination or expiration of these Terms and shall continue to apply to any disputes arising during or after the User's use of the Platform.

18.  NON-SOLICITATION, NO‑CIRCUMVENTION & USE OF THE PLATFORM

18.1. Non‑Solicitation means any direct or indirect attempt by a User (including a Freelancer, Client, or any third party acting on their behalf) to:

o   Approach, contact, or communicate with another User for the purpose of offering, requesting, or performing services outside the Platform that are the same as, similar to, or competitive with services offered or performed through the Platform; or

o   Induce or encourage another User to reduce or terminate their use of the Platform or to move an existing or prospective engagement off the Platform; or

o   Interfere with or attempt to interfere with the commercial relationships facilitated by the Platform, including by asking or encouraging another User not to use the Platform for future projects.

18.2. No‑Circumvention means that Users shall not, directly or indirectly, bypass, avoid, or undermine the Platform or its fee structure in relation to any relationship, project, or opportunity that:

o   Was initiated, introduced, or materially developed through the Platform (including through viewing a profile, posting or responding to a project, messaging, or being recommended via the Platform); or

o   Relates to services that are substantially similar to, or a continuation of, services previously discussed, offered, or performed between the same parties via the Platform.

18.3. No‑Circumvention includes, without limitation:

o   Entering into agreements, or arranging for payments, outside the Platform for work that should reasonably be transacted through the Platform under these Terms.

o   Exchanging or using contact details (such as email, phone, messaging handles, or payment details) for the purpose of completing or paying for work off‑Platform that was sourced or developed through the Platform.

o   Using intermediaries, affiliated companies, alternative accounts, or any other structure to disguise or facilitate off‑Platform engagements that would otherwise be subject to Platform fees.

18.4. Platform Use Only. All communications and payments between Clients and Freelancers that originate on KBOO must be conducted exclusively through the Platform.

18.5. Prohibited Conduct. Users may not:

  •          solicit, accept, or offer payments outside the Platform for services posted on the Platform;
  •          exchange contact details (such as email, phone number, messaging apps, or social media accounts) for the purpose of circumventing KBOO;
  •          engage in any activity intended to avoid or reduce KBOO fees.

18.6. Duration. This restriction applies during the entire period of an active account and for [12] months following the last interaction between the relevant Users through the Platform.

18.7. Breach. Any attempt to bypass the Platform, including making arrangements to contract or pay outside the Platform, will be deemed a material breach of these Terms and may result in suspension, termination of account, recovery of avoided fees, and/or legal action.

18.8. Liquidated damages for off‑platform solicitation. If a Freelancer is actively solicited by any Client or third party to perform, or continues to perform, services outside the Platform in breach of this Section, and the Freelancer accepts such solicitation, the Freelancer and the soliciting Client or third party shall be jointly and severally liable to pay KBOO liquidated damages as follows:

o   If the Freelancer’s account has been registered on the Platform for less than twenty‑four (24) months at the time of the first off‑platform engagement with that Client or third party, the liquidated damages shall be an amount equal to fifty percent (50%) of the total fees paid or payable to the Freelancer through the Platform by that Client (or any of its affiliates) in the twelve (12) months preceding the first such off‑platform engagement.

o   If the Freelancer’s account has been registered on the Platform for twenty‑four (24) months or more at the time of the first off‑platform engagement with that Client or third party, the liquidated damages shall be an amount equal to twenty‑five percent (25%) of the total fees paid or payable to the Freelancer through the Platform by that Client (or any of its affiliates) in the twelve (12) months preceding the first such off‑platform engagement.

These liquidated damages are intended to represent a genuine pre‑estimate of the harm suffered by KBOO as a result of circumvention of the Platform, including loss of service fees, loss of network effects, and additional monitoring and enforcement costs, in circumstances where actual damages would be difficult or impossible to quantify at the time of contracting. They are not intended to operate as a penalty.

Payment of liquidated damages under this Section does not preclude KBOO from seeking injunctive relief or, where permitted by applicable law, compensation for demonstrable losses exceeding the liquidated damages’ amount.

19.     GOVERNING LAW, JURISDICTION & RESTRICTED COUNTRIES

19.1. These Terms shall be governed by and construed in accordance with the laws of Romania.

19.2. Any disputes arising from the use of the Platform shall be subject to the exclusive jurisdiction of the courts of Bucharest, Romania, unless otherwise required by applicable EU or national consumer protection law.

19.3. Without prejudice to the provisions of Section 7 of these T&C, Users have the right to lodge complaints regarding the removal or disabling of any information or content by KBOO, as well as regarding any suspension or termination of User accounts, with the competent Digital Services Coordinator.

19.4. Restricted Countries.The use of the Platform is prohibited for individuals who are located in, or residents of, states or regions, subject to economic sanctions, embargoes, or restrictions imposed by the European Union, the United States, the United Kingdom, the United Nations, or other relevant authorities (e.g., Iran, North Korea, Syria, Cuba, Crimea, Luhansk, Donetsk), hereinafter referred to as “Restricted Jurisdictions”, or who are themselves subject any such economic sanctions, embargoes, or restrictions.

19.4.1. User Representation.By accessing the Platform, Users represent and warrant that:

(a) they are not located in, under the control of, or residents or nationals of any Restricted Jurisdiction;

(b) they are not listed on any sanctions authority list (e.g., OFAC, EU, UN);

(c) they do not use the Platform on behalf of, or for the benefit of, any sanctioned person or entity.

19.4.2. Enforcement Measures.In the event of a breach of these provisions, KBOO reserves the right to suspend or terminate the User’s account without notice and to withhold any funds as a protective measure.

 

20.    AMENDMENTS 

20.1. We reserve the right to amend, update, or otherwise modify these T&C, from time to time, in order to reflect changes in legal, regulatory, technical, or business developments. We will take appropriate measures to inform you of any such changes.

20.2. All changes to these T&C shall be notified to User, and they shall become effective on the date specified in the notice, but no earlier than [15] days after their publication on the Platform or notification to registered Users, unless otherwise required by law. Your continued use of the Platform after the amended Terms have entered into effect shall constitute your acceptance of those changes.

20.3. If you do not agree to the amended Terms, you must stop using the Platform and may terminate your account at any time in accordance with the provisions of these Terms.

 

21.    NOTICES & COMMUNICATIONS

21.1. Communications Between Freelancers & Clients. All communications between Freelancers and Clients must be conducted through the messaging tools and channels provided within the Platform, unless otherwise agreed between the parties. Users are expected to maintain a professional and respectful tone in all exchanges and comply with the KBOO Community Guidelines.

21.2. Communications Between User & the Platform. Users may contact KBOO for various purposes via the following dedicated channels:

  •          General User Support & Technical Issues:

o   User Support: [email protected]

o   General Information: [email protected]

o   Technical Support: [email protected]

  •          Marketing & Partnerships:

o   Marketing: [email protected]

o   Partnerships & Collaborations: [email protected]

KBOO may also communicate with Users via the Platform interface, registered email addresses, or in-app notifications. Users are responsible for keeping their contact details accurate and up to date in their account settings.

All official communications will be deemed delivered once sent through any of the channels above, unless delivery fails due to reasons attributable to the User (e.g., invalid email address).

 

Need more clarification? Contact our legal department!

Send us email!