Terms of Use

1. Introduction

Welcome to Everest by Ivyngton Inc (“Everest,” “we,” “our,” “us”). These Terms of Use (“Terms”) govern your access to and use of the Everest freelancing platform (the “Service”). If you do not agree to these Terms, do not access or use the Service.

2. The Everest Service

We agree to provide you the Everest Service, which includes all products, features, applications, software, and technologies we make available to fulfill our mission: connecting skilled freelancers with clients worldwide. The Service encompasses:

1. Creating, Connecting & Collaborating
   • Personalized profiles, portfolios, and project workflows.
   • Customized job recommendations and discovery tools.
   • Messaging, milestones, and built-in invoicing.
2. Safety, Security & Integrity
   • Community guidelines, anti-fraud systems, and dispute resolution.
   • Automated and manual review processes to detect and remove abuse.
   • Collaboration with law enforcement or Ivyngton affiliates when required.
3. Scalable Infrastructure & Innovation
   • AI, machine learning, and analytics to power search, matching, and performance.
   • Tools to monitor uptime, performance, and fraud prevention at scale.
4. Cross-Product Integration
   • Single sign-on and shared systems across Ivyngton products.
   • Options to link and display your Everest profile on other Ivyngton platforms.
5. Global Reach & Data Transfer
   • Worldwide network of data centers owned or managed by Ivyngton Inc., Ivyngton Europe Ltd., or affiliates.
   • Transfers, storage, and processing across borders as necessary to provide the Service.
6. Marketing & Brand Connections
   • Access to sponsored job listings, brand partnerships, and promotional tools.
   • Opportunities for clients to feature your work in Ivyngton marketing campaigns.
7. Research & Development
   • Surveys, feature tests, and feedback channels.
   • Partnerships with researchers under strict privacy controls.

3. How Our Service Is Funded

• Service Fees: We charge a percentage fee on payments processed through the platform; see our Payment Policy for details.
• Advertising & Promotions: We may display sponsored job listings or brand content, tailored to your interests.
• No Sale of Personal Data: We do not sell your personal data. We may share aggregated or anonymized insights with partners.

4. Privacy Policy

Our Privacy Policy explains how we collect, use, store, share, and protect your information across Ivyngton products, and how you can control or delete your data.

5. Your Commitments

5.1 Who Can Use Everest

• You must be at least 13 years old.
• You must not be barred under applicable law from receiving our Service.
• You must not have had an account disabled for serious or repeated violations.

5.2 How You Mustn’t Use Everest

• Misrepresent yourself or provide false information.
• Engage in fraudulent, misleading, or unlawful conduct.
• Bypass technological measures that limit access or functionality.
• Infringe intellectual property, privacy, or other rights.
• Scrape, harvest, or misuse data from the Service.
• Send unsolicited messages or solicit credentials.
• Reverse-engineer our products or technologies.

5.3 Permissions You Grant Us

When you share content on Everest, you grant us a non-exclusive, royalty-free, worldwide license to host, use, copy, distribute, modify, publicly display, translate, and create derivative works of that content to provide, improve, promote, and protect the Service, consistent with your privacy settings. This license ends when you delete the content from the Service and our backups.

Promotional Use of Videos: You also grant Ivyngton Inc an irrevocable, perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, distribute, publicly display, and create derivative works of any videos you upload for marketing, advertising, or promotional purposes, provided that:

1. The use portrays your services in a positive light;
2. Such use qualifies as fair use;
3. No further compensation is owed to you.

6. Additional Rights We Retain

• Usernames & Branding: We may reclaim or change identifiers if they infringe rights or violate these Terms.
• Ivyngton IP: All rights in our software, designs, logos, and content remain our sole property.
• Developer Tools: Any APIs or SDKs we provide are subject to separate Developer Terms.

7. Content Removal; Suspension; Termination

We may remove or disable access to content or accounts that violate these Terms, our policies, or applicable laws. We’ll notify you and explain any options to appeal unless doing so would expose us to liability or harm our community.

• Account Deletion: You may delete your account at any time; deletion begins within 30 days and completes (including backups) within 90 days.
• Retention Exceptions: We may retain certain data beyond deletion for legal compliance, fraud prevention, or technical reasons, for no longer than necessary.
• Children’s Safety & High-Risk Content: Special rules apply; see our Help Center.

8. Our Agreement & Dispute Resolution

8.1 Scope of Agreement

These Terms, the Privacy Policy, and any additional terms you accept constitute our entire agreement. If any provision is invalid, the remainder remains in effect.

8.2 Third-Party Rights & Assignment

• No third parties have rights under these Terms.
• You may not assign your rights or obligations without our consent; we may assign ours freely.

8.3 Liability & Warranty Disclaimers

We use reasonable care but disclaim all warranties, express or implied, unless prohibited by law. Our liability for direct damages is capped at the greater of USD 100 or the amount you paid us in the 12 months preceding the claim.

8.4 Dispute Resolution & Governing Law

• Consumer Users: Disputes may be resolved in courts of your country of residence under its laws.
• Business Users: Claims must be brought exclusively in the U.S. District Court for the District of New York or state courts in New York City, New York, under New York law.

9. Updating These Terms

We may revise these Terms to reflect changes in our Service, legal requirements, or feedback. Unless required by law, we will notify you at least 30 days in advance of material changes. Continued use after the effective date constitutes acceptance.

Contact Information

If you have questions about these Terms, please contact us:

• Email: [email protected]
• Address: Ivyngton Inc., 211 E 43rd Street, 7th Floor, New York, NY 10017
• Phone: +1 (689) 247-2039