Terms and Conditions

1. ACCEPTANCE OF TERMS

Welcome to Hyrist ("Hyrist," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Hyrist platform, including our website at hyrist.com, mobile applications, and related services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. DESCRIPTION OF SERVICE

Hyrist operates as a marketplace platform that facilitates connections between businesses seeking talent ("Clients") and independent professionals seeking opportunities ("Talent"). We provide technology tools to help facilitate the hiring, payment processing, and management of talent relationships.

3. PLATFORM ROLE AND LIMITATIONS

3.1 Technology Platform Only

Hyrist provides:

• A marketplace to connect Clients and Talent
• Payment processing services
• Project management and communication tools
• Voluntary contract templates and resources
• Time tracking and invoicing tools

3.2 What Hyrist Does NOT Do

Hyrist does NOT:

• Enter into employment or service contracts on behalf of users
• Verify qualifications, credentials, or backgrounds (unless explicitly stated)
• Guarantee work quality, payment, or performance
• Provide legal, tax, or accounting advice
• Determine employment classification (employee vs. independent contractor)
• Withhold taxes or provide tax forms (unless acting as payment processor)
• Assume liability for actions or omissions of Clients or Talent
• Guarantee compliance with any local, state, federal, or international laws

4. USER ELIGIBILITY

4.1 General Requirements

You must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete registration information
• Comply with all applicable laws in your jurisdiction

4.2 Business Users

Clients must:

• Have legal authority to hire or contract for services
• Be properly registered as a business entity (if applicable)
• Comply with all employment and tax laws in their jurisdiction

4.3 Talent Users

Talent must:

• Have legal right to work and provide services in their jurisdiction
• Accurately represent qualifications, experience, and credentials
• Maintain all required licenses, permits, or certifications

5. USER ACCOUNTS

5.1 Account Creation

You must create an account to access certain Platform features. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information
• Keep your password secure and confidential
• Notify us immediately of unauthorized access

5.2 Account Responsibility

You are responsible for all activities under your account. Hyrist is not liable for losses resulting from unauthorized account use.

5.3 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms, at our sole discretion, with or without notice.

6. USER RESPONSIBILITIES

6.1 Client Responsibilities

Clients are solely responsible for:

• Determining worker classification (employee vs. independent contractor)
• Complying with all employment, labor, and tax laws
• Withholding and remitting required taxes
• Providing required benefits and insurance
• Maintaining proper employment records
• Verifying Talent qualifications and conducting background checks
• Creating legally compliant agreements with Talent
• Making timely payments for services rendered
• Workplace safety (if applicable)
• Immigration and work authorization compliance

6.2 Talent Responsibilities

Talent are solely responsible for:

• Accurately representing qualifications and experience
• Determining their own tax obligations and classifications
• Paying all applicable taxes
• Maintaining required licenses and insurance
• Delivering quality services as agreed
• Complying with client agreements and instructions
• Understanding and accepting engagement terms
• Work authorization and visa requirements

6.3 Mutual Responsibilities

Both Clients and Talent agree to:

• Conduct themselves professionally and lawfully
• Not engage in discriminatory practices
• Resolve disputes directly between themselves
• Seek independent legal and tax counsel as needed
• Indemnify Hyrist from claims arising from their relationship

7. CONTRACT TEMPLATES AND RESOURCES

7.1 Informational Purposes Only

All contract templates, forms, and resources provided on the Platform are:

• Voluntary and optional
• For informational purposes only
• NOT legal advice
• NOT reviewed for your specific situation
• NOT guaranteed to be current or compliant with applicable laws

7.2 User Disclaimer

7.3 No Attorney-Client Relationship

Use of templates or resources does not create an attorney-client relationship between you and Hyrist, LLC.

8. PAYMENT TERMS

8.1 Platform Fees

Hyrist charges fees for use of the Platform as described in our fee schedule. Fees are subject to change with 30 days' notice.

8.2 Payment Processing

When Hyrist processes payments:

• We act solely as a payment intermediary
• We do not guarantee payment by Clients
• We are not responsible for payment disputes
• Transaction fees may apply
• Payments are processed through third-party providers (Stripe, etc.)

8.3 Taxes

Users are responsible for determining and paying all applicable taxes. Hyrist may be required to collect and remit certain taxes as required by law.

8.4 Refunds

All fees paid to Hyrist are non-refundable except as required by law or as explicitly stated in these Terms.

8.5 Payment Disputes

Payment disputes between Clients and Talent must be resolved directly between the parties. Hyrist may provide information to assist resolution but is not obligated to intervene.

9. INTELLECTUAL PROPERTY

9.1 Platform Ownership

The Platform, including all content, features, functionality, software, and design, is owned by Hyrist, LLC and protected by United States and international intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purposes, subject to these Terms.

9.3 User Content

You retain ownership of content you submit to the Platform ("User Content"). By submitting User Content, you grant Hyrist a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely to operate and improve the Platform.

9.4 Prohibited Use

You may not:

• Copy, modify, or create derivative works of the Platform
• Reverse engineer or attempt to extract source code
• Remove proprietary notices or labels
• Use the Platform for any illegal purpose
• Violate any third-party intellectual property rights

10. PROHIBITED CONDUCT

Users may not:

• Violate any applicable laws or regulations
• Infringe intellectual property rights
• Transmit harmful code or malware
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Engage in fraudulent activity
• Interfere with Platform operations
• Scrape or harvest data from the Platform
• Create multiple accounts to evade restrictions
• Discriminate based on protected characteristics
• Use the Platform for illegal services or transactions
• Circumvent payment processing or fees

11. PRIVACY AND DATA PROTECTION

11.1 Privacy Policy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

11.2 Data Security

While we implement reasonable security measures, we cannot guarantee absolute security. You acknowledge the inherent risks of transmitting information online.

11.3 International Data Transfers

Your information may be transferred to and processed in countries other than your country of residence, including the United States and Colombia.

12. THIRD-PARTY SERVICES

The Platform integrates with third-party services (payment processors, authentication providers, etc.). Your use of these services is subject to their respective terms and privacy policies. Hyrist is not responsible for third-party services or their actions.

13. DISCLAIMERS

13.1 "AS IS" Basis

13.2 No Guarantee of Results

Hyrist does not guarantee:

• That you will find suitable Talent or Clients
• The quality of work performed
• Payment for services
• Compliance with applicable laws
• Background or qualifications of users
• Success of any engagement or relationship

13.3 User Verification

Hyrist does not verify user identities, qualifications, or backgrounds unless explicitly stated. Users interact at their own risk.

14. LIMITATION OF LIABILITY

14.1 Maximum Liability

14.2 Excluded Damages

14.3 Basis of Bargain

These limitations reflect the allocation of risk between the parties. The Platform fees would be substantially higher without these limitations.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Hyrist, LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Your relationships with other users
• User Content you submit
• Employment or contractor relationships you establish
• Tax obligations or misclassification claims
• Disputes with other users

16. DISPUTE RESOLUTION

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law provisions.

16.2 Arbitration Agreement

Arbitration Terms:

• Arbitration shall be conducted in Maricopa County, Arizona or remotely
• The arbitrator's decision shall be final and binding
• Each party bears their own costs unless otherwise awarded
• Class action waiver applies (see below)

16.3 Class Action Waiver

16.4 Exceptions

Either party may seek injunctive relief in court to prevent unauthorized use of intellectual property.

16.5 Informal Resolution

Before initiating arbitration, parties agree to attempt informal resolution by contacting legal@hyrist.com.

17. MODIFICATIONS TO TERMS

17.1 Right to Modify

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms on the Platform
• Updating the "Last Updated" date
• Sending email notification (for material changes)

17.2 Acceptance of Changes

Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms. If you do not agree to changes, you must stop using the Platform.

18. TERMINATION

18.1 Termination by You

You may terminate your account at any time by contacting support@hyrist.com or using account settings.

18.2 Termination by Hyrist

We may suspend or terminate your access immediately, with or without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Risk to Platform or other users
• Any reason, at our sole discretion

18.3 Effect of Termination

Upon termination:

• Your right to access the Platform ends immediately
• You remain liable for all obligations incurred prior to termination
• Sections that by their nature should survive will remain in effect
• Outstanding payments and disputes remain your responsibility

18.4 Data Retention

We may retain certain data as required by law or for legitimate business purposes after termination.

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other incorporated policies, constitute the entire agreement between you and Hyrist regarding the Platform.

19.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms at any time without restriction.

19.5 No Agency

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Hyrist.

19.6 Force Majeure

Hyrist shall not be liable for delays or failures due to causes beyond our reasonable control.

19.7 Notices

Notices to Hyrist must be sent to:

Notices to you will be sent to the email address associated with your account.

19.8 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

20. CONTACT INFORMATION

For questions about these Terms, please contact: