Terms of Service

By accessing or using MonkeysWorks ("Platform"), operated by MonkeysCloud LLC, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform. We may update these Terms at any time. Continued use after changes constitutes acceptance of the revised Terms. We will notify registered users of material changes via email or in-app notification at least 30 days before they take effect.

"Client" means a user who posts projects and engages independent contractors through the Platform. "Freelancer" means an independent contractor who offers services and performs work through the Platform. "Contract" means a service agreement between a Client and Freelancer for specific work, facilitated by the Platform. "Escrow" means the secure holding of funds by MonkeysWorks until contract milestones are completed. "Milestone" means a defined deliverable within a fixed-price Contract. "Platform Fee" or "Commission" means the service fee charged by MonkeysWorks on completed transactions.

MONKEYSWORK IS A MARKETPLACE PLATFORM ONLY. MonkeysWorks acts solely as an intermediary that connects Clients with Freelancers. MonkeysWorks is not an employer, staffing agency, or joint employer of any user. No employer-employee relationship, joint venture, partnership, or agency relationship is created between MonkeysWorks and any user, or between Clients and Freelancers, by virtue of using the Platform. Freelancers are independent contractors. They determine their own rates, schedules, methods of work, and which projects to accept or decline. MonkeysWorks does not control, direct, or supervise Freelancers' work. Freelancers are solely responsible for their own tax obligations, including income taxes, self-employment taxes, Social Security, Medicare, and any other applicable taxes or contributions. MonkeysWorks does not withhold taxes, provide employment benefits (health insurance, retirement plans, workers' compensation, unemployment insurance, paid leave, etc.), or make employer contributions on behalf of any user. Clients are solely responsible for ensuring compliance with applicable labor, tax, and employment laws in their jurisdiction when engaging Freelancers. Nothing in these Terms or on the Platform shall be construed as creating an employment relationship between a Client and a Freelancer. Both parties acknowledge and agree that they are entering into a business-to-business service relationship. BY REGISTERING ON THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (a) NO EMPLOYMENT RELATIONSHIP EXISTS BETWEEN YOU AND MONKEYSWORK OR BETWEEN YOU AND ANY OTHER USER; (b) YOU ARE NOT ENTITLED TO ANY EMPLOYMENT BENEFITS FROM MONKEYSWORK; AND (c) YOU ASSUME FULL RESPONSIBILITY FOR YOUR OWN TAX AND LEGAL COMPLIANCE OBLIGATIONS.

You must be at least 18 years old and legally able to enter contracts in your jurisdiction. You must provide accurate, complete information during registration and keep it updated. Each person may maintain only one account. You are responsible for all activity under your account. You must not share your credentials or allow unauthorized access. We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a risk to the community.

MonkeysWorks provides an AI-powered marketplace connecting Clients with Freelancers. We are not a party to Contracts between Clients and Freelancers — we facilitate the connection, provide tools for collaboration, and offer payment protection through our escrow system. We use artificial intelligence for job matching, content moderation, fraud detection, and other platform features. AI-generated suggestions are advisory and do not constitute professional advice. MonkeysWorks does not guarantee the quality, accuracy, or completion of work performed by Freelancers, nor the payment behavior of Clients beyond escrowed funds.

MonkeysWorks charges service fees on completed transactions to sustain the Platform, provide payment protection, and fund dispute resolution. By registering and using the Platform, you agree to the following fee structure: Client Platform Fee: A 5% fee is added on top of each milestone amount when funding escrow. This fee covers platform operations, escrow protection, payment processing, and support services. The total client charge is the milestone amount plus the 5% platform fee. Payment processing costs (card fees, etc.) are absorbed by MonkeysWorks and are not charged separately to the Client. Freelancer Service Fee (Tiered): MonkeysWorks deducts a commission from each payment released to Freelancers, based on the cumulative billing per client relationship: • 10% on the first $10,000 billed with each client • 5% on all earnings above $10,000 with the same client The tier resets per client relationship — working with a new client starts at the 10% tier. Freelancer Payout Fees: Bank transfer payouts are free. PayPal payouts incur a 1% fee. Availability depends on country and compliance. Fee Changes: MonkeysWorks reserves the right to modify fee rates with 30 days' prior notice. Existing active Contracts will not be affected by fee increases until their completion. All fees are non-refundable except as required by applicable law or as explicitly stated in our Dispute Resolution process. By using the Platform, you acknowledge and agree to pay all applicable fees associated with your transactions.

Fixed-Price Contracts: Clients fund milestone escrow before work begins. Funds are released to the Freelancer upon Client acceptance or after the 14-day auto-acceptance period. Hourly Contracts: Clients are billed weekly based on tracked hours. Time tracking is verified through our monitoring tools. Refunds: Disputed payments are handled through our Dispute Resolution process. MonkeysWorks may hold funds during investigation. Withdrawal: Freelancers may withdraw earned funds to their verified payment method. Processing times vary by method and region.

Work Product: Unless otherwise agreed in the Contract, all intellectual property rights in work product transfer to the Client upon full payment. Pre-Existing IP: Freelancers retain rights to their pre-existing tools, frameworks, and methodologies. They grant Clients a non-exclusive license to use such materials as part of the deliverables. Platform Content: All MonkeysWorks branding, design, software, and content are owned by MonkeysCloud LLC. Users may not copy, modify, or distribute Platform content without written permission. User Content: You retain ownership of content you upload (profiles, portfolios, reviews). You grant MonkeysWorks a worldwide, non-exclusive license to display, distribute, and use such content for Platform operations and marketing.

You agree not to: circumvent the Platform to avoid fees; create fake accounts or reviews; submit fraudulent invoices or time entries; harass, threaten, or discriminate against other users; upload malicious code, spam, or illegal content; scrape or automated-access the Platform without authorization; violate applicable laws, regulations, or third-party rights; attempt to reverse-engineer Platform features or AI systems; use the Platform for money laundering or terrorist financing.

If a dispute arises between Client and Freelancer, we encourage direct resolution first. If unsuccessful, either party may initiate our formal Dispute Resolution process within 30 days of the event giving rise to the dispute. Step 1 — Direct Resolution: The parties are encouraged to resolve the matter directly through the Platform messaging system within 7 days. Step 2 — Platform Mediation: If direct resolution fails, either party may file a formal dispute. MonkeysWorks will assign a mediator who will review evidence from both parties, including the Contract terms, communication records, delivered work, and any supporting documentation. Step 3 — Binding Decision: If mediation does not result in agreement, MonkeysWorks will issue a binding decision regarding escrowed funds within 14 business days. This decision is final and non-appealable with respect to escrowed funds. For disputes not resolved through our process, or for claims exceeding the escrowed amount, the parties agree to binding arbitration under the rules of the American Arbitration Association, conducted in Colorado, USA. Each party bears its own costs unless the arbitrator determines otherwise. CLASS ACTION WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. By registering on the Platform, you acknowledge and agree to this Dispute Resolution process as the exclusive mechanism for resolving disputes arising from Platform transactions.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONKEYSWORK AND MONKEYSCLOUD LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM. Our total liability for any claim shall not exceed the fees you paid to MonkeysWorks in the 12 months preceding the claim. Nothing in these Terms limits liability for fraud, gross negligence, death, or personal injury caused by negligence, or any liability that cannot be excluded by applicable law (including EU consumer protection laws).

You agree to indemnify and hold harmless MonkeysWorks, MonkeysCloud LLC, and their officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, violation of these Terms, or infringement of third-party rights. This indemnification obligation does not apply to EU consumers to the extent prohibited by mandatory consumer protection laws.

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data in compliance with the GDPR, CCPA, and other applicable privacy laws. By using the Platform, you acknowledge and agree to our data practices as described in the Privacy Policy.

You may close your account at any time through your settings. Outstanding Contracts must be completed or resolved before closure. We may suspend or terminate your account for violation of these Terms, with notice where practicable. Upon termination, your right to use the Platform ceases. Provisions that by their nature should survive termination (including IP, liability, independent contractor acknowledgment, and dispute resolution) will continue to apply.

These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict of law principles. For users in the European Union, mandatory consumer protection laws of your country of residence will apply to the extent they provide greater protection. For users in California, the CCPA and other applicable California laws apply in addition to these Terms.

For questions about these Terms, contact us at: legal@monkeysworks.com or through our Contact page. MonkeysCloud LLC, Denver, Colorado, USA.