Terms and conditions of use

This document outlines the guidelines that govern the operation of our marketplace.

These guidelines are referred to as our Terms of Use and apply to deluxus.net as well as all other websites and applications owned or operated by us, including our affiliates. When we mention "we," we refer to Deluxus and its affiliates.

These terms specify the expected conduct while using Deluxus, whether you are a registered user or simply visiting our site without registration. It's important to thoroughly read and understand these rules because by using our site, you implicitly agree to abide by them.

1. About licenses and third party content

1.1 We Grant You Access to Our Site and Services

In essence, we're granting you a 'limited license' to use our site. Here's what this entails:

You have our permission to access our website and services, collectively referred to as the services. This access, or limited license, is granted to you under the condition that you adhere to these terms of use and all other applicable Terms of Service.

While we strive to ensure the safety and proper functioning of our services, we cannot guarantee uninterrupted access. In fact, we reserve the right to discontinue certain features or services altogether without prior notice.

1.2 Termination of Your Access to Our Services

We reserve the right to revoke your access to our services at any time.

If you breach our Terms of Use or any other provisions outlined in our Terms of Service, we have the authority to revoke your access to Deluxus. This action, known as terminating your license, will be communicated to you officially. Upon receiving notice, you are obligated to cease using our services immediately.

1.3 Intellectual Property

Utilizing our services does not grant you the right to use any of our trademarks or other intellectual property, including copyrights and patents. We retain full ownership of our intellectual property rights, despite permitting you to use our services.

Our logos and names are protected as trademarks and registered in specific jurisdictions. Any other product or company names, logos, or similar marks and symbols visible on our platform may be trademarked by our partners or other users.

1.4 Sharing Your Content on Deluxus

1.4.1 Your Responsibility for Posted Content

You are accountable for your usage of our site and any content you publish on it. If someone lodges a claim against us due to content you've posted, you agree to reimburse us for legal expenses (legally termed 'indemnification').

When you post content on or provide content for posting on our site, you acknowledge that you are entirely liable for that content, and we are not. Furthermore, you agree to only post or provide content that:

- You have the right to post

- Is lawful

- Does not infringe upon anyone's rights, including intellectual property rights.

You acknowledge and agree that the individual who posts content is responsible for any harm caused by that content, not Deluxus. You also agree to indemnify and defend us, our partners, employees, and representatives against any costs, legal action, or government action arising from your content.

1.4.2 Rights Granted to Others for Your Posted Content

By posting content on the site, you grant certain rights to other users.

When you post content on our site, you grant us and our affiliates a permanent right (referred to as an 'irrevocable and non-exclusive worldwide license') to use, edit, and share that content globally without paying royalties. If your name, voice, or image appear in the content you post, we may also utilize them on the site or in our everyday operations. For instance, if you're a freelancer, we might share your profile with potential clients.

Additionally, you grant each user and site visitor the right to access and use your content through the site. They also have the right to use, copy, and share your content within the site's confines, while adhering to both our Terms of Service and applicable laws.

We reserve the right to display advertisements near your content and information without compensating you. Depending on your profile settings, we may also include your name or photo when promoting one of our features.

1.4.3 Openness to Your Ideas

We welcome your input on enhancing Deluxus. Here's what occurs when you share your ideas:

You can provide us with comments and suggestions regarding our services and ways to enhance them. By doing so, you acknowledge that your ideas are voluntary and unsolicited, and you do not expect or request anything in return, unless we have explicitly solicited your ideas and offered compensation.

You agree that we are free to use, modify, and share the idea as we see fit without being obligated to provide you with anything in return. Additionally, if you submit an idea, you agree that this does not affect our right to use similar or related ideas, including those we already possess or receive from others.

1.5 Content Posted by Third Parties on Deluxus

Users other than ourselves are accountable for the content they post or link on Deluxus.

We are not liable for the accuracy or reliability of any content shared by individuals other than our official representatives. Unless these individuals are acting on behalf of Deluxus when they share or post content, their views expressed in the content are their own, not those of Deluxus.

Furthermore, our site may feature links or provide access to third-party websites and applications. These websites and applications are owned and operated by entities other than Deluxus. The inclusion of a link or application to a third-party website does not signify our endorsement of it. By using such links or applications, you agree that you do so without our endorsement.

1.6 Reporting Copyright Infringement

If you believe that content on our site violates your rights, you have the right to request its removal.

We are committed to adhering to Peruvian copyright and related laws, and we expect our site visitors and users to do the same. This means you cannot use our site to store or share anything that infringes upon anyone's intellectual property rights, including their rights under Peruvian copyright law.

2. Permissible Activities on Deluxus

On Deluxus, you're allowed to utilize our services primarily for professional purposes and to gain insights from the content we provide.

Our platform and services are designed for business use rather than personal or consumer use. We operate our marketplace to facilitate users in finding each other, establishing professional relationships, and conducting transactions for work-related purposes.

We do not provide any guarantees regarding the accuracy of information posted on our site, so it should not be relied upon as tax or legal advice. It's always advisable to verify the information independently.

3. Prohibited Activities on Deluxus

There are certain actions that are not permitted on the site, and we provide detailed explanations of these prohibited activities, including:

- Prohibited Content Posting (3.1)

- Misleading or Fraudulent Behavior (3.2)

- Unfair Treatment of Others (3.3)

- Prohibited Uses of Deluxus (3.4)

In essence, you are not allowed to use our services to participate in, or encourage others to engage in, activities that are illegal, fraudulent, or harmful. If a specific action is not mentioned in the lists provided, it should not be assumed to be allowed. In cases of uncertainty, feel free to contact us for clarification.

You are prohibited from offering, sharing, endorsing, or seeking anything that falls into the following categories:

Content that is illegal or defamatory
Content that is violent, discriminatory, or harassing, whether directed generally or towards a specific individual or group (or encourages such behavior), including individuals belonging to legally protected groups
Content that is sexually explicit or pertains to sex work or escort services
Content in any way related to child exploitation
Content that would infringe upon any intellectual property rights, including copyrights
Content that would violate our Terms of Service, the terms of service of another website, or any similar contractual agreement
Content that contravenes professional or academic standards or policies, such as submitting someone else's work as your own or engaging in ghostwriting for essays, tests, or certifications
Content involving the purchase or solicitation of fake reviews, or any association with the creation or dissemination of misleading content (such as 'deep fakes' or 'fake news') intended to deceive others.

3.2 Misleading or Fraudulent Behavior

On Deluxus, any actions aimed at deceiving others or engaging in dishonest behavior are strictly prohibited.

You are not permitted to misrepresent yourself, your skills, experience, or professional qualifications, nor those of others. This includes:

Providing false information about your experience, skills, or professional qualifications.
Utilizing generative AI or other tools to significantly enhance your job proposals or work product if such usage is restricted by your client or infringes upon any third-party rights.
Presenting any part of someone else's profile or identity as your own.
Using a profile picture that does not accurately represent you, misrepresents your identity, or belongs to someone else.
Impersonating or falsely attributing statements to any individual or entity, including an Deluxus representative or forum leader.
Making false claims or implications of connection to a person or organization (including Deluxus). For instance, falsely asserting employment with a specific company or agencies using a freelancer's profile after discontinuing collaboration.

Similarly, honesty about the actual individual performing the work is essential. This means you cannot:

Allow someone else to use your account in a manner that misleads other users.
Falsely represent that one freelancer will complete a task when another individual will be performing it, including submitting proposals on behalf of freelancers who are unable or unwilling to fulfill the work.

We are particularly focused on preventing fraud and misrepresentation concerning payments. This entails:

Freelancers cannot engage in fraudulent billing practices, including:

Falsifying hours, keystrokes, or clicks recorded in the Deluxus app.
Reporting or billing for time not actually worked.
Claiming to have completed work performed by another individual and demanding payment for it.
Soliciting bribes or payments without the intention of providing services in exchange.

Clients cannot participate in payment-related fraud, such as:

Posting job listings with payment terms that are objectively unreasonable or disproportionate to the services requested.
Soliciting services without the intent or actual provision of payment in exchange for those services.

3.3 Unfair Treatment of Others

Fair and lawful treatment of all individuals is paramount on Deluxus.

You are prohibited from using Deluxus to:

Express any unlawful preferences in job posts or proposals.
Engage in unlawful discrimination against anyone.
Incite or promote violence.
Share personal identifying information or other sensitive, private data about another individual.
Spam other users with proposals or invites, which includes posting the same job multiple times simultaneously and contacting individuals you've connected with on Deluxus outside of the platform without their consent.
Offer or demand bribes or payments for anything other than work.
Solicit or demand free work. Freelancers cannot be asked to provide work for little or no payment as part of a proposal bid or competition.
Require a fee to submit a proposal.
Seek or provide services primarily related to making purchases on behalf of another person, including the purchase of cryptocurrency or NFTs.

3.5 Prohibited Uses of Deluxus

Deluxus relies on technology and trust, and here's how we uphold those principles:

You are not allowed to copy, share, or transfer your account. Having multiple accounts or selling, trading, or giving your account to someone else without our permission is prohibited.

You cannot bypass Deluxus platform by communicating directly with another user or sharing contact information before agreeing to a service contract. This includes adding contact details to job posts, profiles, communications, or other content. (Exceptions exist for Enterprise clients.)

Promoting other organizations, including advertising other websites, products, or services, is not permitted. You also cannot recruit freelancers or clients to join another agency, website, or company through Deluxus unless you pay a fee.

Interfering with Deluxus technology or tampering with our site or services is prohibited. This includes:
Circumventing security features designed to restrict site usage.
Disrupting or compromising our systems, server security, or transmissions.
Using robots, spiders, scrapers, or similar mechanisms without written permission.
Copying, distributing, or using any information from Deluxus without consent.
Collecting or using identifiable information, including account names.
Overloading the site with an unreasonable amount of information.
Introducing malware or code that could harm us, our customers, or our services.
Accessing our services through technology other than our interface.
Framing or linking to the services without written permission.
Using our services to replicate a similar service, identify or poach our users, or publish performance or benchmark analyses related to the site.
Reverse engineering, deciphering, modifying, or extracting source code without our written permission unless it is open source.

4. Enforcing Our Terms of Use

If you violate any of these rules, we have the authority to suspend your account and prohibit you from using Deluxus (4.1). If you observe someone else violating these rules, please inform us (4.2).

4.1 Enforcement of Rules

We reserve the right to investigate any potential breaches of these terms of use and may choose to temporarily pause, modify, or remove any content on our site as needed.

While we cannot guarantee action against every potential violation, our decision not to address a specific breach does not waive our right to take action against any future breaches, whether related to the initial breach or not.

If we suspect rule-breaking, we may terminate your use of our site at any time. If we deactivate or close your account, you will no longer have access to any of our services.

However, the following provisions will remain in effect:

Our rights to utilize and share your feedback
Our users' and visitors' rights to share your content.
Your agreement to comply with all the rules outlined in section 3 of this page.

4.2 Reporting Violations

If you become aware of a violation of our Terms of Use, please notify our customer service team or report it using the designated flag icon:

If we investigate the breach, you agree to cooperate with our inquiry and take reasonable measures to assist us in resolving the issue.