LAST UPDATED: January 15, 2026
For purposes of these Terms of Service, "Gudwork," "Folio," "we," "our," or "us" refers to Gudwork, Inc., doing business as Folio. These Terms of Service apply to all users of the Platform.
Section 1 discusses what you must agree to before using the Platform and the different types of accounts that can be created on the Platform.
By registering for an account to use the Platform (an "Account"), by using the Platform after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Platform, you agree to abide by this Agreement and the other Terms of Service. To access and use certain portions of the Platform and the Platform Services, you must register for an Account. Subject to the Platform Terms of Service, certain portions of the Platform are available to Platform Visitors, including those portions before your Account registration is accepted. Gudwork reserves the right to decline a registration to join Gudwork or to add an Account type as a Client or Provider, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations. If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including this Terms of Service, on behalf of yourself and the company.
Gudwork offers the Platform for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Platform, you must, and hereby represent that you:
To register for an Account to join the Platform, you must complete a User profile ("Profile"), which you consent to be shown to other Users and, unless you change your privacy settings, the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Platform or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
We reserve the right to revoke the privileges of the Account or access to or use of the Platform, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account. Account types are collectively called ("Users").
You can register for an Account or add an Account type to use the Platform as a Client (a "Client Account"). Each User under a Client Account ("Team Member") can be given different permissions to act on behalf of the Client Account. Team Members can engage Providers for services through managed service arrangements or sourcing arrangements, and can post opportunities for sourcing purposes.
You can register for an Account or add an Account type to use the Platform as a Provider (a "Provider Account"). Provider Account registration may be subject to approval by Gudwork in its sole discretion. Only Provider Accounts can complete projects. Furthermore, Providers must have all suitable hardware and/or software licenses to complete commercial work.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team, you represent and warrant that:
If any such User violates the Terms of Service, it may affect your ability to use the Platform. Upon closure of an Account, Gudwork may close any or all related Accounts.
When you register for an Account and periodically thereafter as needed to maintain Platform security, your Account will be subject to verification. Gudwork employs industry-standard identity verification processes, which may include:
(a) Third-Party Verification Services: Gudwork may use secure third-party identity verification vendors to validate your identity, location, and credentials. These vendors use encrypted data transmission and comply with applicable privacy and data protection laws.
(b) Documentation Requirements: You may be required to provide official government-issued identification documents, proof of address, professional credentials, or other documentation to verify your identity and qualifications.
(c) Database Validation: Your information may be validated against third-party databases, watchlists, and public records to ensure Account security and regulatory compliance.
You authorize Gudwork, directly or through secure third-party vendors, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete and accurate information about yourself and your business. Failure to complete verification or provide requested documentation may result in Account suspension or termination.
All identity verification data is handled in accordance with Gudwork's Privacy Policy and applicable data protection regulations. Third-party verification vendors are contractually obligated to maintain the confidentiality and security of your information.
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Folio to assume that any person using the Platform with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Platform if (a) you are not authorized to use either (b) the use would violate the Terms of Service.
Section 2 discusses what Gudwork does and does not do when providing the Platform and some of your responsibilities when using the Platform.
The Platform connects Clients seeking professional services with qualified Providers who can perform such services. Gudwork may facilitate the engagement between Clients and Providers, provide payment processing services, offer educational content, and assist with project management. The specific nature and scope of Gudwork's involvement may vary depending on the particular engagement. Subject to the Terms of Service, Gudwork provides the Platform Services to Users, including hosting and maintaining the Platform, facilitating payment processing and reviews, and assisting Users in resolving disputes.
Gudwork provides a platform that enables Clients and Providers to connect and engage for professional services. The specific arrangements between Gudwork, Clients, and Providers may vary based on the particular engagement. Gudwork may act as a facilitator, service provider, or payment processor, as determined by the circumstances of each engagement.
You acknowledge, agree, and understand that Gudwork's role and responsibilities may differ depending on the engagement structure. Users are responsible for understanding the specific terms of their particular engagement, including: ensuring the accuracy and legality of any User Content; determining the suitability of other Users for an engagement; negotiating, agreeing to, and executing any terms or conditions of Engagements; performing Services; and managing payment obligations.
Providers are independent contractors and not employees, agents, or representatives of Gudwork or Clients unless otherwise specified in a separate written agreement. You acknowledge and agree that:
For Providers engaged as independent contractors:
Providers acknowledge and agree that they are solely responsible for:
(a) all tax liability associated with payments received, and that Gudwork will not withhold any taxes from payments to independent contractors
(b) obtaining any liability, health, workers' compensation, disability, unemployment, or other insurance needed, desired, or required by law
(c) determining whether they are required by applicable law to issue invoices and for issuing any required invoices
(d) determining whether they are required to remit value added tax or other taxes to authorities and remitting such taxes as appropriate
(e) if outside of the United States, for determining if Gudwork is required to withhold any amount and for notifying Gudwork of any such requirement
In the event of an audit of Gudwork, Providers agree to promptly cooperate and provide copies of tax returns and other documents as reasonably requested. Gudwork and Stripe function as Third Party Payment Processors and comply with applicable U.S. tax reporting obligations, including the issuance of IRS Form 1099-K or 1099-NEC where required.
Responsibility for worker classification and compliance with applicable employment laws will be specified in the relevant service agreement, statement of work, or other engagement documentation. Gudwork does not provide legal advice regarding worker classification.
Section 3 discusses the relationships Users may enter into when using the Platform.
When Clients and Providers connect through the Platform, they may enter into various types of engagements for the provision of Services. The specific nature and terms of each engagement will be determined by the parties involved. Gudwork's role in each engagement may vary and will be defined by the particular circumstances and agreements.
You acknowledge, agree, and understand that:
Non-binding dispute assistance ("Dispute Assistance") is available within 30 days of the date of the last payment. If Client or Provider contacts Gudwork via email to support@folio.works within 30 days and requests non-binding dispute assistance for any dispute among them (a "Dispute"), Gudwork will attempt to assist by reviewing the Dispute and proposing a mutual, non-binding resolution.
Users may agree to any terms they deem appropriate with respect to confidentiality, including those set forth in any Engagement Terms. If and to the extent that the Users do not articulate any different terms, then they agree that this Section 3.3 (Confidentiality) applies.
To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser's Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User's written request, the party that received Confidential Information will promptly destroy or return the disclosing party's Confidential Information and any copies thereof.
Upon Provider's receipt of payment as agreed in the engagement, the Work Product (except for any Background Technology), including without limitation all Intellectual Property Rights in the Work Product (except for any Background Technology), will be the property of the Client as specified in the engagement terms. If no specific terms are agreed, Work Product will become the sole and exclusive property of Client upon full payment.
Section 4 discusses worker classification.
Providers are generally engaged as independent contractors and are not employees of Gudwork or Clients unless specifically stated in a separate written agreement. Clients are solely responsible for determining whether Providers should be engaged as independent contractors or employees and for engaging them accordingly. Gudwork has no input into or involvement in worker classification decisions made by Clients, and Gudwork has no liability arising from or relating to the classification of Providers.
Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee, or employer-employee relationship between Gudwork and a User. Clients warrant that their classification decisions are correct and assume all liability for such decisions.
Section 5 describes fees that may be charged for use of the Platform.
Gudwork may charge fees for use of the Platform and Platform Services. The specific fees applicable to your use of the Platform will be communicated to you through your Account, in an Order Form, service agreement, or as otherwise agreed in writing. All fees are non-refundable except as set forth in this Agreement.
Gudwork and Stripe function as Third Party Payment Processors and comply with applicable U.S. tax reporting obligations, including the issuance of IRS Form 1099-K or 1099-NEC where required.
To use certain Platform Services, you must provide account information for at least one valid Payment Method. You hereby authorize Gudwork to charge your Payment Method for fees and any other amounts owed under the Terms of Service. Payment Methods may include credit cards, debit cards, ACH transfers, or other methods accepted by Gudwork.
Gudwork reserves the right to modify fees at any time. Affected Users will be notified of fee changes at least thirty (30) days prior to the effective date. Continued use of the Platform after the effective date constitutes acceptance of the revised fees.
Section 6 discusses your agreement to make and keep all required records.
Users agree to create and maintain records to document satisfaction of their obligations under this Agreement, including payment obligations and compliance with tax and employment laws, and to provide copies of such records to Gudwork upon request.
You are solely responsible for creation, storage, and backup of your business records. This Agreement will not be construed as creating any responsibility on Gudwork's part to store, backup, retain, or grant access to any information or data for any period.
Section 7 discusses your agreement and understanding that the Platform may not always be available or work perfectly.
YOU AGREE NOT TO RELY ON THE PLATFORM, THE PLATFORM SERVICES, ANY INFORMATION ON THE PLATFORM, OR THE CONTINUATION OF THE PLATFORM. THE PLATFORM AND THE PLATFORM SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. GUDWORK MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PLATFORM, THE PLATFORM SERVICES, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUDWORK DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Section 8 discusses your agreement that Gudwork usually will not have to pay you damages relating to your use of the Platform.
Under no circumstances will Gudwork, our Affiliates, our licensors, or our third-party service providers (collectively, the "Gudwork Parties") be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages), including, without limitation, any that are directly or indirectly related to: (a) the Platform; (b) the Platform Services; (c) your use of, inability to use, or the performance of the Platform; (d) any action taken in connection with an investigation by Gudwork or law enforcement authorities regarding your or any other party's use of the Platform; (e) any action taken in connection with intellectual property owners; (f) any errors or omissions in the Platform's operation; or (g) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Gudwork Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.
In no event will the Gudwork Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
IN NO EVENT WILL THE GUDWORK PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
You agree that in the event you incur any damages, losses or injuries that arise out of Gudwork's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of the Platform or services owned or controlled by the Gudwork Parties.
Section 9 discusses your agreement not to hold us responsible for any dispute you may have with another User.
You hereby release Gudwork, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees, and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
This release will not apply to a claim that Gudwork failed to meet our obligations under the Terms of Service.
Section 10 discusses your agreement to pay for any costs or losses we have as a result of a claim brought against us related to your use of the Platform.
You will indemnify, defend, and hold harmless Gudwork, our Affiliates, and our respective directors, officers, employees, representatives, and agents for all claims and liabilities relating to or arising out of: (a) the use of the Platform by you or your agents; (b) any Engagement entered into by you or your agents, including worker classification issues; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights to the extent caused by you or your agents.
Section 11 discusses when and how either you or Gudwork can end this Agreement.
Either party may terminate this Agreement at any time, without explanation, upon written notice to the other at support@folio.works. Upon termination, your right to use the Platform is automatically revoked, and your Account will be closed.
Gudwork may also temporarily or permanently revoke access to the Platform if: (a) you breach any terms and conditions of this Agreement; (b) we suspect you have provided false or misleading information; or (c) we believe your actions may cause legal liability or involve illicit activity.
If your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Platform. Gudwork may retain some or all of your Account information as permitted by law.
After this Agreement terminates, provisions that by their nature should survive will continue in full force and effect, including arbitration, intellectual property protections, non-circumvention, indemnification, payment of fees, and limitations of liability.
Section 12 discusses your agreement with Gudwork about how we will resolve any disputes, including that we will first try to resolve disputes informally.
If a dispute arises between you and Gudwork or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. You, Gudwork, and our Affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, the other Terms of Service, your relationship with Gudwork, the termination of your relationship with Gudwork, or the Platform Services (each, a "Claim") in accordance with this Section 13.
This Agreement and any dispute or claim shall be governed by the laws of the State of Delaware, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Before serving a demand for arbitration of a Claim, you and Gudwork agree to first notify each other of the Claim. You agree to notify Gudwork of the Claim at support@folio.works, and Gudwork agrees to provide to you a notice at your email address on file. You and Gudwork then will seek informal voluntary resolution of the Claim. Both parties will have 60 days from the date of receipt of the Notice to informally resolve the Claim.
Section 13 discusses additional terms of the agreement between you and Gudwork.
This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and Gudwork relating to the subject matter hereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us.
No modification or amendment to the Terms of Service will be binding upon Gudwork unless in a written instrument signed by a duly authorized representative of Gudwork or posted on the Platform by Gudwork.
User may not assign the Terms of Service without Gudwork's prior written consent. Gudwork may freely assign this Agreement and the other Terms of Service without User's consent.
If any provision of this Agreement is held illegal, invalid, or unenforceable, such provision will be ineffective only to the extent of its illegality, invalidity, or unenforceability, without affecting the remaining provisions.
By using the Platform's payment services, Users agree to the Stripe Connected Account Agreement, which governs the use of Stripe Connect to process payments. Gudwork is not a party to this agreement and disclaims any liability arising from the Stripe services.
Section 14 provides definitions of capitalized terms that appear in the Terms of Service.
"Client" means any User who seeks to engage Providers for services through the Platform.
"Provider" means any User who offers professional services through the Platform as an independent contractor.
"Services" means professional services performed by Providers for Clients, which may include but are not limited to data annotation, analysis, evaluation, and related professional services.
"Engagement" means the contractual relationship or working arrangement between a Client and Provider (or between a Client and Gudwork) for the provision of Services.
"Work Product" means any tangible or intangible results or deliverables that Provider creates for, or delivers to, Client or Gudwork as a result of performing Services.
"Confidential Information" means any material or information provided to, or created by, a User in connection with evaluating or performing an engagement, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form.
"Background Technology" means all inventions, tools, or methodologies developed by Provider other than in the course of providing Services under an Engagement.
"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence.
"Payment Method" means a valid credit card, debit card, ACH transfer, or such other method of payment as Gudwork may accept.
