FLIPWORK TERMS OF SERVICE
Version 1.0
Effective Date: May 25, 2026
Operator: Groovy Greens, LLC, a North Carolina limited liability company, doing business as "FlipWork" ("FlipWork," "we," "us," or "our")
Contact: CoryThacker@proton.me
Website: https://myflipwork.com
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PLAIN-ENGLISH SUMMARY (not legally binding — read the full terms below)
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FlipWork is a website where furniture flippers can post small paid jobs
and other users can apply to do those jobs. There's also a marketplace
where users buy and sell furniture from each other. Here's the deal in
plain English:
- You must be 18+ and a U.S. resident to use FlipWork.
- When you do work for someone or buy something from someone, that's
between the two of you. We're just the website that connects you.
- Workers are independent contractors, not employees of FlipWork.
- We charge a 2% platform fee on gig payments. Money is held by Stripe
and released to the worker after the work is approved.
- We can remove content, suspend accounts, or change the rules.
- If we ever have a serious legal dispute, we'll handle it through
binding arbitration in North Carolina, not a courtroom, and you
waive the right to a class action.
- We try our best but we don't guarantee anything will work perfectly,
and our total financial liability to you is capped.
If any of that is a dealbreaker, don't use FlipWork. If you keep using
the service, that means you agree to the full terms below.
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1. ACCEPTANCE OF TERMS
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These Terms of Service (the "Terms") form a legally binding agreement
between you ("you," "your," or "User") and Groovy Greens, LLC, a North
Carolina limited liability company doing business as "FlipWork."
By creating an account, accessing, or using the FlipWork website,
mobile site, or any service we offer (collectively, the "Service"),
you agree to be bound by these Terms and by our Privacy Policy, which
is incorporated by reference. If you do not agree, you must not access
or use the Service.
You also agree to any additional agreements we present to you at the
time of signup or when using specific features (for example, the
worker acknowledgment when applying to a gig). In the event of any
conflict between those additional agreements and these Terms, these
Terms control unless the other agreement specifically says otherwise.
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2. ELIGIBILITY
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To use FlipWork, you represent and warrant that all of the following
are true:
(a) You are at least 18 years old.
(b) You are a legal resident of the United States.
(c) You have the legal capacity to enter into a binding contract.
(d) You are not barred from receiving services under the laws of the
United States or any other applicable jurisdiction (including,
for example, that you are not on any U.S. government list of
prohibited or restricted parties).
(e) You have not previously been suspended or removed from FlipWork.
(f) You will use the Service only in compliance with these Terms and
all applicable laws.
The Service is intended for U.S. users only. If you access the Service
from outside the United States, you do so at your own risk and you are
responsible for complying with the laws of your jurisdiction.
The Service is not directed at children under 18. We do not knowingly
collect information from anyone under 18. If we learn that we have
collected information from a person under 18, we will delete it.
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3. YOUR ACCOUNT
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3.1 Account creation. To use most features of the Service, you must
create an account. You agree to provide accurate, current, and complete
information about yourself, and to keep that information updated.
3.2 Account security. You are responsible for keeping your password
confidential. You are responsible for all activity that occurs under
your account, whether or not you authorized it. You must notify us
immediately at CoryThacker@proton.me if you suspect any unauthorized
use of your account.
3.3 One account per person. You may only create one account. Creating
multiple accounts, sharing accounts, or impersonating another person
is grounds for immediate suspension or termination.
3.4 Account information. When you create or update your profile, you
may provide your name, location, photo, contact information, payment
account information (via Stripe), and other details. You represent
that all information you provide is truthful and accurate.
3.5 No transferability. Your account is personal to you and cannot be
sold, transferred, gifted, or assigned to anyone else.
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4. DESCRIPTION OF THE SERVICE
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FlipWork provides an online platform that lets users do the following:
(a) Post "Gigs" — paid project listings related to furniture
restoration, repair, refinishing, transportation, or similar
tasks.
(b) Apply to Gigs and, if selected, perform the work in exchange for
payment.
(c) List items of personal property (the "Marketplace") for sale to
other users.
(d) Browse and respond to listings on the Marketplace.
(e) Communicate directly with other users through the Service's
messaging features.
(f) Receive payments for completed Gigs via Stripe Connect (defined
below).
FlipWork is a venue. We do not provide furniture-related services
ourselves. We do not manufacture, repair, transport, sell, or warranty
any item or service offered by users. We do not employ, supervise, or
direct the work of any user. We are not a party to any transaction
between two users.
You acknowledge that FlipWork's role is solely to provide a technology
platform that connects users with each other. Whether a Gig is
satisfactorily performed, whether a Marketplace item is as described,
whether a user is trustworthy, whether a transaction is completed,
and whether either party meets the other party's expectations are all
between those users.
We may add, modify, suspend, or remove features of the Service at any
time without prior notice and without liability to you.
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5. INDEPENDENT CONTRACTOR RELATIONSHIP
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THIS SECTION IS IMPORTANT — PLEASE READ IT CAREFULLY.
5.1 No employment relationship. You expressly acknowledge and agree
that FlipWork is NOT your employer and does NOT employ you, regardless
of whether you are posting Gigs, performing Gigs, or both. No part of
your use of the Service creates any of the following between you and
FlipWork:
- employer-employee relationship
- partnership
- joint venture
- franchise
- agency
- fiduciary relationship
5.2 Independent contractor status. If you perform work in connection
with a Gig posted by another user, you do so as an independent
contractor of the user who posted the Gig. You are not an employee,
agent, partner, or joint venturer of FlipWork or of the user who
posted the Gig.
5.3 You control your work. You retain full control over how, when, and
where you perform any Gig you accept. You are free to accept or reject
any Gig at your discretion. You may work for other platforms,
businesses, or clients in addition to FlipWork. FlipWork does not
provide training, tools, equipment, materials, supervision, or
direction.
5.4 Your responsibilities as an independent contractor. You are solely
responsible for:
(a) All federal, state, and local income, self-employment, and other
taxes on amounts you receive through the Service. FlipWork does
not withhold any taxes. You should consult a tax advisor.
(b) Obtaining and maintaining any business licenses, permits, or
registrations required by your jurisdiction.
(c) Carrying any insurance you deem necessary, including but not
limited to liability insurance, auto insurance, and workers'
compensation if applicable.
(d) Complying with all laws applicable to your work, including
safety laws, environmental laws, and consumer-protection laws.
(e) Your tools, equipment, supplies, transportation, workspace, and
all other resources used to perform any Gig.
5.5 Tax reporting. If you earn $600 or more in a calendar year through
the Service, applicable tax forms (such as IRS Form 1099-K or 1099-NEC)
may be issued to you, either by FlipWork or by Stripe. You agree to
provide accurate tax information when requested. Failure to provide
accurate tax information may result in withholding or suspension of
payments as required by law.
5.6 No FlipWork benefits. As an independent contractor, you are not
entitled to any employee benefits from FlipWork, including but not
limited to health insurance, paid time off, retirement contributions,
overtime, unemployment insurance, or workers' compensation.
5.7 No exclusivity. Nothing in these Terms prevents you from offering
your services through other platforms or to other clients.
5.8 The user who posts a Gig (the "Flipper") and the user who performs
a Gig (the "Worker") are responsible for understanding their
respective tax, legal, and insurance obligations. FlipWork does not
provide tax, legal, accounting, or insurance advice.
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6. PAYMENTS
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6.1 Stripe Connect. Payments on the Service are processed by Stripe,
Inc. and its affiliates ("Stripe") through Stripe's Connect product.
By using the Service to send or receive payments, you also agree to
the Stripe Connected Account Agreement, the Stripe Services Agreement,
and the Stripe Privacy Policy. FlipWork does not store payment card
information; Stripe stores it according to PCI-DSS standards.
6.2 Workers — onboarding. To receive payments, Workers must connect a
Stripe Express account to FlipWork. This may require providing
sensitive information directly to Stripe (such as Social Security
Number, bank account information, and identity verification).
FlipWork does not see or store this information.
6.3 Flippers — saved payment methods. To pick a Worker on a Gig,
Flippers must add a payment method (a credit or debit card) via
Stripe. The card is stored by Stripe and used to authorize the Gig
payment when the Worker is selected.
6.4 How a Gig payment works.
(a) When the Flipper picks a Worker, Stripe places an authorization
hold on the Flipper's card for the full Gig amount. The money
is not yet captured at this point.
(b) The Worker performs the Gig and submits photo documentation
through the Service.
(c) The Flipper reviews the submitted work. If the Flipper approves
the work, the held amount is captured from the Flipper's card.
(d) After capture, Stripe automatically transfers the Gig amount,
minus FlipWork's platform fee (currently 2%) and any applicable
Stripe processing fees, to the Worker's Stripe Express account.
Funds are then transferred from the Worker's Stripe Express
account to their linked bank account according to Stripe's
standard payout schedule.
6.5 Authorization expiration. Stripe authorization holds typically
expire after 7 days. If a Gig is not approved or rejected within that
window, the authorization may be released and the Flipper's card may
need to be re-authorized to complete the transaction. FlipWork is not
responsible for delays caused by authorization expiration.
6.6 Platform fee. FlipWork currently charges a platform fee equal to
2% of the Gig amount, which is deducted from the Worker's payout. We
may change the platform fee at any time by posting an updated rate
in these Terms or on the Service. Any change applies only to Gigs
posted after the change.
6.7 Stripe fees. Stripe charges processing fees on every captured
payment. These fees are paid by the Flipper on top of the Gig amount
and are not deducted from the Worker's payout.
6.8 Refunds and disputes. Because the platform is designed so that
the Flipper authorizes payment up front and releases it only when
satisfied with the work, refunds are limited to specific cases. If a
captured payment is later refunded, disputed, or charged back, the
Worker is responsible for any amount returned to the Flipper, and
FlipWork may deduct that amount from future Worker earnings or
require repayment.
6.9 Cancellations. Either party may request to cancel a Gig before
work is completed. Cancellation procedures are described in the
Service. If a Gig is cancelled before the Worker is picked, no money
moves. If a Gig is cancelled after the Worker is picked but before the
work is approved, the authorization may be released or the captured
amount refunded, as appropriate.
6.10 Marketplace transactions. Transactions between buyers and
sellers on the Marketplace are NOT processed through FlipWork or
Stripe Connect. Buyers and sellers arrange payment and delivery
directly. FlipWork is not a party to those transactions and has no
ability to refund, chargeback, or otherwise unwind them.
6.11 Currency. All payments on the Service are in U.S. dollars.
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7. MARKETPLACE — IMPORTANT DISCLAIMERS
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THIS SECTION IS IMPORTANT — PLEASE READ IT CAREFULLY.
7.1 FlipWork is not a seller. FlipWork does not own, sell, resell,
furnish, provide, deliver, manage, or warranty any item listed on the
Marketplace. We are a venue that lets users post listings for items
they own.
7.2 No verification of items. We do not inspect Marketplace items, do
not verify that listings are accurate, do not verify the condition of
items, do not authenticate items, do not assess value, and do not
guarantee that any item described in a listing is fit for any
particular purpose.
7.3 No verification of users. We do not background-check, screen,
identity-verify (beyond what Stripe does for payments on the Gig
side), or otherwise endorse any user on the Marketplace.
7.4 Buyer and seller arrange everything directly. Buyers and sellers
on the Marketplace are responsible for arranging payment, delivery,
pickup, inspection, and any return policy directly with each other.
FlipWork is NOT involved in any of those steps and has no obligation
to facilitate, mediate, or refund.
7.5 In-person meetups. If you choose to meet another user in person to
exchange goods or money, you do so at your own risk. FlipWork
recommends, but does not require, that users meet in public places,
during daylight hours, with another person present. FlipWork is not
responsible for anything that happens during an in-person meeting.
7.6 You are responsible for the legality of items you list. You may
not list any item that is illegal to sell or transfer, that you do
not have the right to sell, or that violates our Prohibited Conduct
in Section 8.
7.7 Sales tax. Sellers are responsible for collecting, remitting, and
reporting any applicable sales tax on Marketplace transactions.
FlipWork does not collect or remit sales tax on Marketplace sales.
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8. PROHIBITED CONDUCT
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You agree NOT to do any of the following while using the Service:
(a) Violate any law, regulation, or court order.
(b) Post, send, or upload any content that is illegal, fraudulent,
defamatory, harassing, threatening, hateful, racist,
pornographic, sexually explicit, exploitative of minors,
promotional of self-harm, or otherwise objectionable.
(c) Post, send, or upload any content that infringes any third
party's intellectual property, privacy, publicity, or other
rights.
(d) Impersonate any person or entity, or misrepresent your
affiliation with a person or entity.
(e) Use the Service to send unsolicited commercial messages, spam,
or other promotional material to users who have not consented.
(f) Solicit personal information from another user, including for
financial purposes, outside of legitimate Service use.
(g) Use the Service to facilitate any illegal transaction, including
but not limited to the sale of stolen property, illegal drugs,
weapons that are illegal to sell, counterfeit goods, or any
other illegal items.
(h) Circumvent the Service to avoid the platform fee, including by
arranging direct payment off-platform for a Gig you found on
FlipWork.
(i) Reverse engineer, decompile, disassemble, copy, modify, scrape,
data-mine, or create derivative works of the Service or any of
its software, except as expressly permitted by these Terms or
by applicable law.
(j) Use any automated means (including bots, scrapers, or crawlers)
to access, monitor, or copy any portion of the Service without
our prior written permission.
(k) Probe, scan, or test the vulnerability of the Service, or
breach any security or authentication measures.
(l) Interfere with the operation of the Service, including by
transmitting any virus, worm, trojan horse, malware, or other
harmful code.
(m) Access the Service through any means other than the interfaces
we provide.
(n) Resell, lease, or otherwise commercialize the Service or any
part of it, except as expressly permitted.
(o) Create accounts using a false identity or use the Service in
any way that is fraudulent or misleading.
(p) Harvest, collect, or store information about other users
without their consent.
(q) Use the Service in any manner that could damage, disable,
overburden, or impair the Service.
We may, in our sole discretion, remove any content that violates
these Terms, suspend or terminate accounts that violate these Terms,
and report illegal activity to law enforcement.
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9. USER CONTENT — YOUR RIGHTS AND OUR LICENSE
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9.1 Definition. "User Content" means any content you post, upload,
submit, transmit, or otherwise make available through the Service,
including but not limited to photos, text, profiles, Gig descriptions,
Marketplace listings, messages, and any other material.
9.2 Ownership. You retain all ownership rights in your User Content.
We do not claim ownership of anything you create.
9.3 License to FlipWork. By submitting User Content, you grant
FlipWork a worldwide, non-exclusive, royalty-free, sublicensable,
transferable license to host, store, use, display, reproduce, modify,
adapt, publish, translate, distribute, and create derivative works of
your User Content for the purposes of operating, providing, promoting,
and improving the Service. This license continues for as long as your
User Content is on the Service and for a reasonable period after if
needed to fulfill backup, legal, or operational purposes.
9.4 Why we need this license. Without this license, we could not
legally display your photos to other users, send your messages,
generate previews, or use thumbnails. This license is limited to
running the Service. We do not sell your photos to advertisers, and
we do not use your User Content to train AI models for general
purposes outside of operating FlipWork.
9.5 Your representations about User Content. You represent and
warrant that:
(a) You own all rights in your User Content, or you have all
necessary licenses and permissions to use it and to grant us
the license in Section 9.3.
(b) Your User Content does not infringe any third party's
intellectual property, privacy, publicity, or other rights.
(c) Your User Content complies with these Terms, including the
Prohibited Conduct section above.
(d) Any person whose likeness appears in your User Content has
consented to having their likeness used on the Service.
9.6 Right to remove. We may, but are not required to, review, monitor,
remove, or refuse to display any User Content at any time, with or
without notice, in our sole discretion.
9.7 Image moderation. We use automated image moderation tools to
screen photo uploads. These tools may incorrectly block legitimate
images. If a photo is blocked, you may try again with a different
image. We are not liable for false positives or false negatives in
automated moderation.
9.8 Feedback. If you send us feedback, suggestions, or ideas about
the Service, you grant us a perpetual, irrevocable, royalty-free
right to use that feedback without any obligation to you.
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10. RATINGS, REVIEWS, AND PUBLIC PROFILES
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The Service may allow users to view public profiles, see prior
listings or completed Gigs, and (in the future) leave ratings and
reviews of each other. You acknowledge that:
(a) Other users may form impressions of you based on your public
profile and your activity on the Service.
(b) FlipWork does not verify the accuracy of ratings or reviews.
(c) You will not leave false, defamatory, retaliatory, or
harassing reviews.
(d) We may remove reviews that violate these Terms or applicable law.
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11. INTELLECTUAL PROPERTY
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11.1 Our property. The Service, including all software, designs, text,
graphics, logos, icons, images, and the "FlipWork" name and trademark
(once registered or unregistered), is the property of Groovy Greens,
LLC or its licensors and is protected by U.S. and international
intellectual property laws.
11.2 Limited license to you. Subject to your compliance with these
Terms, we grant you a limited, non-exclusive, non-transferable,
revocable license to access and use the Service for your personal,
non-commercial use (or, for legitimate Gig posters and applicants,
for the limited commercial purposes contemplated by the Service).
11.3 Restrictions. Except as expressly permitted by these Terms, you
may not copy, modify, distribute, sell, lease, or create derivative
works of any part of the Service.
11.4 DMCA — copyright complaints. If you believe content on the
Service infringes your copyright, please send a Digital Millennium
Copyright Act ("DMCA") notice to CoryThacker@proton.me with all of
the following:
(a) Your physical or electronic signature.
(b) Identification of the copyrighted work claimed to have been
infringed.
(c) Identification of the allegedly infringing material and where
to find it on the Service.
(d) Your contact information.
(e) A statement under penalty of perjury that you have a good-faith
belief that the use is not authorized.
(f) A statement under penalty of perjury that the information in
your notice is accurate and that you are the copyright owner
or authorized to act on the owner's behalf.
We will respond to valid DMCA notices in accordance with the law,
which may include removing or disabling access to the material.
Repeat infringers will have their accounts terminated.
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12. PRIVACY
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Your use of the Service is also governed by our Privacy Policy,
available at https://myflipwork.com/legal/privacy, which is
incorporated by reference into these Terms. The Privacy Policy
describes how we collect, use, and share information about you.
By using the Service, you consent to our collection and use of your
information as described in the Privacy Policy.
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13. THIRD-PARTY SERVICES
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The Service relies on third-party services to operate, including but
not limited to:
- Stripe, Inc. (payment processing)
- Supabase (database, authentication, file storage, real-time
messaging)
- Vercel, Inc. (hosting)
- Sightengine (automated image moderation)
- Anthropic, PBC (powering the support chat agent)
- Google LLC (single sign-on, if you use Google to sign in)
These services have their own terms and privacy policies, which
apply when you use them through the Service. We are not responsible
for the acts or omissions of any third-party service. If a third-party
service has an outage, your access to features that rely on it may
be affected.
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14. SUSPENSION AND TERMINATION
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14.1 Termination by you. You may stop using the Service and delete
your account at any time by contacting us at CoryThacker@proton.me.
We may retain certain information after account deletion as described
in the Privacy Policy and in Section 14.4 below.
14.2 Termination by us. We may suspend or terminate your access to
all or part of the Service at any time, with or without notice and
with or without cause, for any reason or no reason, including but not
limited to:
(a) Violation of these Terms.
(b) Activity that we reasonably believe could expose us, other
users, or third parties to legal liability.
(c) Fraud, abuse, or harmful behavior toward other users.
(d) Long periods of inactivity.
(e) Discontinuation of the Service or any feature.
14.3 Effect of termination. Upon termination, your right to use the
Service ends immediately. Sections that by their nature should
survive termination will survive, including but not limited to
Sections 5 (Independent Contractor), 6 (Payments — to the extent of
unpaid amounts owed), 9 (User Content — for the license granted), 11
(IP), 15 (Disclaimers), 16 (Limitation of Liability), 17
(Indemnification), 18 (Dispute Resolution), 19 (Governing Law), and
20 (General).
14.4 Data retention after termination. We may retain certain
information about you after termination as needed to:
(a) Comply with our legal obligations (such as tax record retention).
(b) Resolve disputes.
(c) Enforce these Terms.
(d) Detect and prevent fraud and abuse.
(e) Maintain operational records.
Termination does not relieve you of any payment obligations that
accrued before termination.
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15. DISCLAIMERS
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PLEASE READ THIS SECTION CAREFULLY. IT LIMITS WHAT YOU CAN HOLD US
RESPONSIBLE FOR.
15.1 "AS IS." THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE,"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLIPWORK DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.
15.2 No guarantee. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT
THAT:
(a) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(c) THE RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE OR
RELIABLE;
(d) ANY ERRORS IN THE SERVICE WILL BE CORRECTED;
(e) ANY USER ON THE SERVICE WILL PERFORM AS THEY HAVE REPRESENTED
OR THAT ANY ITEM ON THE MARKETPLACE WILL BE AS DESCRIBED.
15.3 User-to-user transactions. WE MAKE NO REPRESENTATION OR WARRANTY
WITH RESPECT TO ANY TRANSACTION OR INTERACTION BETWEEN USERS,
INCLUDING ANY GIG, MARKETPLACE TRANSACTION, OR IN-PERSON MEETING. YOU
DEAL WITH OTHER USERS AT YOUR OWN RISK.
15.4 Third-party content. We have no responsibility for User Content
or for any content provided by third parties, including links to
external websites. We do not endorse any such content.
15.5 No professional advice. Nothing on the Service constitutes
legal, tax, accounting, medical, financial, or other professional
advice. You should consult a qualified professional before making any
decision that has legal, tax, or financial consequences.
15.6 Some jurisdictions do not allow the exclusion of certain
warranties. In those jurisdictions, the exclusions above apply only
to the maximum extent permitted by law.
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16. LIMITATION OF LIABILITY
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PLEASE READ THIS SECTION CAREFULLY. IT LIMITS HOW MUCH MONEY YOU CAN
RECOVER FROM US.
16.1 No indirect damages. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL FLIPWORK OR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE,
LOST DATA, LOST GOODWILL, LOSS OF USE, OR OTHER INTANGIBLE LOSSES,
ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF FLIPWORK HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
16.2 Cap on direct damages. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, FLIPWORK'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL
CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL
NOT EXCEED THE GREATER OF:
(a) ONE HUNDRED U.S. DOLLARS ($100); OR
(b) THE TOTAL AMOUNT OF PLATFORM FEES YOU HAVE PAID TO FLIPWORK
IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT
GIVING RISE TO THE CLAIM.
16.3 Applies to all claims. The limitations in this Section 16 apply
to any claim, whether based on warranty, contract, tort (including
negligence), strict liability, statute, or any other legal theory,
even if a limited remedy fails of its essential purpose.
16.4 User-to-user disputes. WE ARE NOT RESPONSIBLE FOR ANY HARM
CAUSED TO YOU BY ANOTHER USER OF THE SERVICE, INCLUDING BUT NOT
LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS,
THEFT, FRAUD, OR ANY OTHER LOSS. YOUR REMEDIES AGAINST OTHER USERS
ARE AGAINST THOSE USERS, NOT AGAINST FLIPWORK.
16.5 Some jurisdictions do not allow the limitation or exclusion of
certain damages. In those jurisdictions, the limitations above apply
only to the maximum extent permitted by law.
16.6 Allocation of risk. You acknowledge that the limitations in this
Section 16 are an essential element of the bargain between you and
FlipWork, that the Service would not be provided on the same terms
without these limitations, and that the price you pay (if any) for
the Service reflects this allocation of risk.
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17. INDEMNIFICATION
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17.1 Your indemnification of FlipWork. To the fullest extent permitted
by law, you agree to defend, indemnify, and hold harmless FlipWork
and its officers, directors, employees, agents, contractors, licensors,
and affiliates from and against any and all claims, demands, actions,
losses, damages, liabilities, judgments, settlements, costs, and
expenses (including reasonable attorneys' fees) arising out of or
relating to:
(a) Your access to or use of the Service.
(b) Your User Content.
(c) Your interaction or transaction with any other user, including
any Gig you perform, any Gig you post, any Marketplace
transaction, or any in-person meeting.
(d) Your breach of these Terms or any representation, warranty, or
covenant you make in these Terms.
(e) Your violation of any law, regulation, court order, or
third-party right.
(f) Any personal injury or property damage you cause to another
user or to a third party.
17.2 Our control of defense. We reserve the right, at your expense,
to assume the exclusive defense and control of any matter for which
you are required to indemnify us, in which case you agree to
cooperate with us. You may not settle any matter that affects us
without our prior written consent.
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18. DISPUTE RESOLUTION — BINDING ARBITRATION AND CLASS ACTION WAIVER
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PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY
TRIAL.
18.1 Agreement to arbitrate. You and FlipWork agree that any dispute,
claim, or controversy arising out of or relating to these Terms or
the Service (a "Dispute") will be resolved by binding individual
arbitration, except as provided below. This includes Disputes that
arose before you accepted these Terms.
18.2 Informal resolution first. Before either party may begin
arbitration, the party with a Dispute must first send a written
notice to the other party that describes the Dispute and the relief
sought. Send notice to FlipWork at CoryThacker@proton.me. The
parties will then attempt in good faith to resolve the Dispute
informally for at least sixty (60) days before either party may
commence arbitration.
18.3 Arbitration administrator and rules. The arbitration will be
administered by the American Arbitration Association ("AAA") under
its Consumer Arbitration Rules in effect at the time the arbitration
is commenced, as modified by these Terms. The AAA Rules are available
at https://www.adr.org. If the AAA is unable or unwilling to
administer the arbitration, the parties will agree on a substitute
arbitration provider, or, failing agreement, a court of competent
jurisdiction in North Carolina will select one.
18.4 Arbitrator's authority. The arbitrator (and not any court) has
exclusive authority to resolve any Dispute, including any Dispute
about the formation, validity, scope, applicability, or enforceability
of this arbitration agreement (except that a court has exclusive
authority to decide whether the Class Action Waiver in Section 18.7
is enforceable). The arbitrator may award the same remedies a court
could award, but only on an individual basis.
18.5 Location and format. Unless you and we agree otherwise, the
arbitration will be conducted in or near Wake County, North Carolina,
or by remote means. If your claim is for $25,000 or less, you may
choose to have the arbitration conducted entirely by telephone, video,
or written submissions.
18.6 Costs. The party that begins the arbitration is responsible for
the initial filing fee. AAA's Consumer Arbitration Rules govern the
allocation of arbitration fees thereafter. You are responsible for
your own attorneys' fees unless the arbitrator awards them under
applicable law.
18.7 CLASS ACTION WAIVER. YOU AND FLIPWORK AGREE THAT ANY DISPUTE WILL
BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS,
COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE
ACTION. The arbitrator may not consolidate the claims of more than
one person and may not preside over any form of class, collective,
representative, or private attorney general proceeding. If a court
of competent jurisdiction determines this Class Action Waiver is
unenforceable in a particular case, the entire Section 18 will be
unenforceable as to that case, and that case will be resolved in
court — but the rest of Section 18 (including the obligation to
arbitrate other Disputes individually) remains in force.
18.8 Exceptions to arbitration. The following are NOT subject to the
arbitration requirement:
(a) Small claims court actions, so long as the action remains in
small claims court and is brought on an individual basis.
(b) Either party's right to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation, or
violation of a party's intellectual property rights.
(c) Disputes that cannot legally be required to be arbitrated.
18.9 30-day opt-out. You may opt out of this arbitration agreement
by sending written notice to CoryThacker@proton.me within thirty (30)
days of the date you first accept these Terms. Your notice must
include your full name, the email address associated with your
FlipWork account, and a clear statement that you wish to opt out of
the arbitration agreement. If you opt out, neither you nor FlipWork
will be required to arbitrate, but the Class Action Waiver in
Section 18.7 will still apply to the extent permitted by law.
18.10 Severability. If any portion of this Section 18 is found to be
illegal or unenforceable, that portion will be severed and the rest
of Section 18 will remain in effect, except as otherwise provided in
Section 18.7.
18.11 Survival. This Section 18 survives termination of these Terms
and your account.
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19. GOVERNING LAW
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These Terms are governed by the laws of the State of North Carolina,
without regard to its conflict-of-laws principles. The Federal
Arbitration Act governs the interpretation and enforcement of
Section 18.
For any Dispute not subject to arbitration (see Section 18.8), and
for the limited purposes of any court action expressly permitted by
these Terms, you and FlipWork submit to the exclusive personal
jurisdiction and venue of the state and federal courts located in
Wake County, North Carolina. You waive any objection based on
inconvenient forum.
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20. GENERAL TERMS
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20.1 Changes to these Terms. We may update these Terms from time to
time. If we make a material change, we will notify you by email, by
a notice on the Service, or by requiring you to re-accept the Terms
when you next sign in. Your continued use of the Service after the
effective date of a change constitutes acceptance of the updated
Terms. If you do not agree to the updated Terms, you must stop using
the Service.
20.2 Entire agreement. These Terms, together with the Privacy Policy
and any additional agreements we present at signup or for specific
features, constitute the entire agreement between you and FlipWork
regarding the Service and supersede any prior agreements between you
and us regarding the Service.
20.3 Severability. If any provision of these Terms is held by a court
of competent jurisdiction to be invalid, illegal, or unenforceable,
that provision will be enforced to the maximum extent permissible and
the remaining provisions of these Terms will continue in full force.
20.4 No waiver. Our failure to enforce any right or provision of these
Terms will not be a waiver of that right or provision. Any waiver
must be in writing and signed by us.
20.5 Assignment. You may not assign or transfer these Terms or any
of your rights or obligations under them without our prior written
consent. We may assign these Terms, in whole or in part, at any time,
including in connection with a merger, acquisition, or sale of assets.
20.6 No third-party beneficiaries. Except for our officers, directors,
employees, agents, and affiliates (who are intended third-party
beneficiaries of Sections 15, 16, and 17), nothing in these Terms
creates rights in any third party.
20.7 Force majeure. We are not liable for any failure or delay in
performance caused by events beyond our reasonable control, including
but not limited to acts of God, natural disasters, pandemics, war,
terrorism, riots, government action, labor disputes, power outages,
internet outages, or the actions of third-party service providers.
20.8 Notices to you. We may send notices to you by email to the
address on file with your account, by a notice on the Service, or
by other reasonable means. You consent to receive notices
electronically.
20.9 Notices to us. Send legal notices to:
Groovy Greens, LLC, d/b/a FlipWork
Attn: Legal
Email: CoryThacker@proton.me
(Mailing address available on request)
20.10 Headings. Headings in these Terms are for convenience only and
do not affect interpretation.
20.11 Independent counsel. You acknowledge that you have had the
opportunity to consult with independent legal counsel regarding these
Terms.
20.12 Electronic signature and records. You consent to enter into
these Terms electronically. Your acceptance through the Service has
the same legal effect as a handwritten signature. We may keep
electronic records of your acceptance.
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21. CONTACT
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If you have any questions about these Terms, please contact us at:
Groovy Greens, LLC, d/b/a FlipWork
CoryThacker@proton.me
https://myflipwork.com
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END OF TERMS OF SERVICE — Version 1.0 — Effective May 25, 2026
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Terms of Service
Version 1.0