Last updated on Saturday, April 8th, 2023

By using our platform, you agree to the terms and conditions outlined in this terms of service agreement. We are committed to providing a safe and reliable platform for our users, and we expect all users to adhere to our community guidelines and respect the rights of others.

Please read this agreement carefully before using our platform. If you do not agree to these terms and conditions, you may not use our platform. By using our platform, you affirm that you are eligible to do so and that you agree to be bound by this agreement.

 

Eligibility: 

To be eligible to use our platform, you must:

• Be at least 18 years old or the legal age of majority in your jurisdiction.
• Have the legal capacity to enter into a binding agreement.
• Provide accurate and complete information when creating your user account.
• Agree to comply with our terms of service agreement and community guidelines.
• Be able to form legally binding contracts under applicable law.

We reserve the right to refuse service to anyone for any reason at any time. We may also require additional information or documentation to verify your eligibility to use our platform. If we determine that you do not meet our eligibility requirements, we may terminate your account and revoke your access to our platform.

 

User Accounts: 

To use our platform, you must create a user account by providing accurate and complete information. You are solely responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to your account or any other security breach.

You may not share your account information with anyone else or use another user's account without their permission. We reserve the right to suspend or terminate your account if we suspect that your account has been compromised or used inappropriately.

You may close your account at any time by following the instructions on our platform. Any outstanding payments or fees will be processed according to our payment and refund policies if you close your account. We reserve the right to retain certain information related to your account, even after it is closed, for legal or regulatory purposes.

 

Services: 

Our platform offers a variety of services that can be performed remotely by freelancers. These services may include but are not limited to:

• Writing and Editing
• Design and creative work
• Programming and software development
• Accounting and financial services
• Administrative and virtual assistance
• Marketing and advertising
• Translation and language services

Freelancers may offer their services by creating a profile on our platform and setting their own rates and availability. Clients may request services by submitting a project description and selecting a freelancer from our platform. Freelancers and clients are responsible for negotiating the terms of their work, including scope, timeline, and compensation.

We do not endorse, recommend, or guarantee the quality of any services offered through our platform. It is the responsibility of the client to ensure that the freelancer meets their needs and expectations. Similarly, it is the responsibility of the freelancer to provide accurate and truthful information about their skills and experience.

Unless otherwise agreed upon between the freelancer and the client during the negotiation phase, the client is not entitled to revisions, updates, or other changes that are not bug fixes or similar issues.

 

Payment: 

Our platform facilitates payments between clients and freelancers for services rendered. Clients may pay invoices using a variety of payment methods, such as credit card, debit card, or PayPal balance. Freelancers may receive payments by linking their PayPal account to their profile on Discord.

Unless otherwise agreed upon, clients must pay 100% of the commission price up-front unless made an exception by management. Regardless of the type of commission, freelancers must request 100% up-front payment or at their own discretion request for a commission manager to look over a split payment request. There is a listing fee associated with placing a commission that is based on taxes and other fines incurred on us by financial institutions. This fee is non-refundable.

Our platform uses PayPal, a secure payment processing system to ensure that all transactions are conducted safely and securely. We do not store or have access to your payment information, which is processed by a third-party payment processor. However, we may collect and store transaction data, such as the amount, date, and purpose of the payment, for our records and accounting purposes.

We charge a 15% service fee for each transaction conducted on our platform, which may vary depending on the amount and type of payment. Our service fee is deducted from the payment amount before it is credited to the freelancer's account. Freelancers are responsible for any taxes or fees that may apply to their earnings. It is the user’s duty to keep up with invoice numbers and details about their commission in the event there is a system failure, and a payout does not go through. 

We may offer refunds or dispute resolution services in the event of a dispute between the client and the freelancer. However, we are not responsible for any issues related to the quality or performance of the services provided by the freelancer. It is the responsibility of the client and the freelancer to negotiate and agree on the terms of their work, including payment and dispute resolution. An issue fee is charged to the user completing the work when they cause an issue that requires staff to manually fix or intervene in a commission process. It can be up to 25% and is non-negotiable once the fee amount is defined. Learn about our refund policy.

Clients will not, under any circumstances, issue a chargeback or dispute a payment via PayPal without contacting us first. If this occurs, the client will be blacklisted from Mixelate, a scam report will be opened on third-party services, and a formal complaint will be made to the responsible bank.

A user may incur extra charges if they request major additions to a product after a price has been finalized; they request major changes to a product that is more than 50% complete, or they change their mind about a major aspect of the product after a price has been finalized.

 

Prohibited Conduct: 

Our platform is designed to provide a safe and respectful environment for all users. We expect all users to conduct themselves in a professional and ethical manner at all times. Prohibited conduct includes but is not limited to:

1. Communication off record: Messaging users directly in an attempt to bypass Mixelate’s fees or discussing key dates and deliverables via voice without documenting in the ticket.
2. Fraud or misrepresentation: Providing false or misleading information about your identity, credentials, or experience.
3. Harassment or discrimination: Using language or behavior that is threatening, abusive, or discriminatory towards other users based on their race, ethnicity, gender, sexual orientation, religion, or any other characteristic.
4. Illegal or unethical activities: Engaging in activities that violate applicable laws or ethical standards, including but not limited to money laundering, terrorism financing, or copyright infringement.
5. Hacking or data breaches: Attempting to gain unauthorized access to our platform or user accounts, or using our platform to distribute malware or viruses.
6. Spam or phishing: Sending unsolicited messages or emails to other users or attempting to obtain sensitive information by posing as a legitimate source.
7. Violating intellectual property rights: Using copyrighted or trademarked material without the owner's permission, or selling counterfeit or infringing products or services.

We reserve the right to suspend or terminate your account if we determine that you have engaged in prohibited conduct. We may also report illegal or unethical activities to the appropriate authorities if necessary.

 

Intellectual Property: 

Our platform respects the intellectual property rights of all users and third parties. Users are expected to respect the intellectual property rights of others and to only use materials that they have a legal right to use.

Copyrighted materials: Users are prohibited from using or distributing copyrighted material without the owner's permission. This includes images, videos, written works, and any other material that is protected by copyright.

Trademarks: Users are prohibited from using or distributing trademarks without the owner's permission. This includes any logos, designs, or slogans that are associated with a particular brand or business.

Patents: Users are prohibited from using or distributing patented materials without the owner's permission. This includes any inventions or processes that are protected by a patent.

If a user believes that their intellectual property rights have been violated on our platform, they should submit a notice of infringement to our designated agent. The notice should include:

1. A description of the copyrighted work, trademark, or patent that has been infringed upon.
2. A description of the infringing material and its location on our platform.
3. Contact information for the person submitting the notice.
4. A statement that the person submitting the notice has a good-faith belief that the use of the material is not authorized by the owner, its agent, or the law.
5. A statement that the information in the notice is accurate and that the person submitting the notice is authorized to act on behalf of the owner of the intellectual property.

We will investigate all notices of infringement and take appropriate action, which may include removing the infringing material and suspending or terminating the user's account.

 

Termination: 

We reserve the right to terminate any user's account at any time and for any reason, without notice. Termination may result in the loss of access to our platform, services, and any information or content associated with the user's account.

Reasons for termination may include but are not limited to:

1. Violation of our Terms of Service or policies
2. Illegal or unethical activities
3. Inappropriate or offensive conduct towards other users or our staff
4. Engaging in fraudulent activity
5. Repeated failure to meet quality standards or deadlines for work
6. Non-payment or refusal to pay for services provided by freelancers

If we terminate a user's account, we may provide notice of termination to the email address associated with the user's account. We are not responsible for any damages or losses incurred as a result of account termination.

Users who wish to terminate their own accounts may do so at any time by contacting our customer support team. Upon termination, all personal information and data associated with the account will be deleted from our platform, subject to our data retention policies.

Any provisions of our Terms of Service that by their nature should survive termination (such as intellectual property, payment, and dispute resolution provisions) will continue to apply even after the termination of a user's account.

 

Dispute Resolution: 

We strive to provide a positive experience for all users of our platform. However, in the event that a dispute arises between users, we offer the following dispute-resolution process:

1. Attempt to resolve the issue directly: We encourage users to first try to resolve any disputes directly with the other party involved. This may involve communicating through our platform's messaging system, phone or video call, or other means of communication.
2. Escalate the issue to our customer support team: If a resolution cannot be reached directly between the parties involved, users may contact our customer support team for assistance. Our team will work to mediate the dispute and help find a mutually acceptable solution.
3. File a formal complaint: If a resolution still cannot be reached, users may file a formal complaint with us by submitting a support ticket or email to our customer support team. Our team will investigate the issue and make a determination based on the information provided. Submitting a formal complaint or report on another platform should be directed at the user and not as Mixelate the service.
4. Arbitration: In the event that a dispute cannot be resolved through the above methods, users may choose to pursue binding arbitration. This will be conducted in accordance with the rules and procedures of the American Arbitration Association or a similar alternative dispute resolution provider.

Please note that any disputes must be brought within a reasonable timeframe and in compliance with any applicable laws and regulations.

Users are responsible for any costs associated with pursuing a dispute resolution process, including arbitration fees and legal expenses. We are not responsible for any damages or losses incurred as a result of a dispute between users on our platform.

By using our platform, users agree to participate in good faith in any dispute resolution process and to comply with any final determinations made.

 

Governing Law: 

These Terms of Service and any disputes arising out of or related to them will be governed by and construed in accordance with the laws of the United States and the state of Arkansas, without giving effect to any principles of conflicts of law.

Any legal action or proceeding arising out of or related to these Terms of Service or the use of our platform will be brought exclusively in the federal or state courts located in Arkansas. Each party irrevocably submits to the personal jurisdiction of these courts and waives any objections to jurisdiction, venue, or inconvenient forum.

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service constitute the entire agreement between users and us regarding the use of our platform, superseding any prior agreements between users and us.

Full Legal Terms and Conditions

OVERVIEW

​This website is operated by Mixelate LLC. Throughout the site, the terms “we”, “us” and “our” refer to Mixelate LLC. Mixelate LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

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Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

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SECTION 1 - ONLINE STORE TERMS

​1.1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

​1.2. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.3. You must not transmit any worms or viruses or any code of a destructive nature.

​1.4. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

2.1. We reserve the right to refuse service to anyone for any reason at any time.

2.2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.

2.4. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

3.1. We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.​

3.2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

4.1. Prices for our products are subject to change without notice.

4.2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.​

4.3. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

5.1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

5.2. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

5.3. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

6.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6.2. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

6.3. For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

7.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

7.2. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

7.3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

7.4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

8.1. Certain content, products, and services available via our Service may include materials from third parties.

8.2. ​Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

8.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

9.1. If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

9.2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

9.3. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

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SECTION 10 - PERSONAL INFORMATION

10.1. Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

​11.1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

11.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

12.1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

13.1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

13.2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

13.3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

13.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

13.5. In no case shall Mixelate LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

13.6. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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SECTION 14 - INDEMNIFICATION

14.1. You agree to indemnify, defend and hold harmless Mixelate LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

15.1. In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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SECTION 16 - TERMINATION

16.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

16.2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

16.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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SECTION 17 - ENTIRE AGREEMENT

17.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.​

17.2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

17.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

18.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of AR, United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

19.1. You can review the most current version of the Terms of Service at any time on this page.

19.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

20.1. Questions about the Terms of Service should be sent to us at mixelatellc@gmail.com.