Terms of Service
Last Updated: March 20, 2025
Introduction
Welcome to Scaffald ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Scaffald platform, including our website, mobile applications, and all related services (collectively, the "Platform").
Scaffald is a platform that connects construction organizations with workers, making it easier for organizations to hire and manage workers and teams. Workers can create profiles and receive a Scaffald score based on the information they provide, helping organizations quickly assess and select the best candidates for their projects.
Acceptance of Terms
By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Eligibility
To use the Platform, you must be at least 18 years old and capable of forming a binding contract. If you are accessing or using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
User Accounts
4.1 Account Creation
To access certain features of the Platform, you must create an account. You may create an account using your email address, Google account, or other authentication methods we provide. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
4.3 Account Types
The Platform offers two primary account types:
Worker Accounts: For individuals seeking employment or contract work in the construction industry.
Organization Accounts: For construction companies, contractors, and other entities seeking to hire workers.
Platform Usage
5.1 Permitted Use
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Scaffald, a Scaffald employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Scaffald or users of the Platform or expose them to liability.
5.2 Prohibited Activities
You further agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
Worker Profiles
6.1 Worker Profiles
Workers may create profiles on the Platform that include personal and professional information, such as work experience, skills, certifications, education, location, and availability. Workers are responsible for ensuring that all information provided in their profiles is accurate, current, and complete.
6.2 Scaffald Scores
The Platform assigns Scaffald scores to worker profiles based on the information provided. These scores are intended to help organizations assess and select candidates for their projects. Scaffald scores are calculated using algorithms that consider various factors, including but not limited to:
- Completeness of profile information
- Verification status of provided information
- Work experience and skills
- Certifications and education
- Reviews and ratings from previous employers
We reserve the right to modify the algorithms and factors used to calculate Scaffald scores at any time without notice.
6.3 Profile Visibility
Workers can control the visibility of their profiles and certain information within their profiles through their account settings. However, certain basic information may be visible to all users of the Platform.
Organization Profiles
7.1 Organization Profiles
Organizations may create profiles on the Platform that include information about their business, such as company name, industry, size, location, and other business-related information. Organizations are responsible for ensuring that all information provided in their profiles is accurate, current, and complete.
7.2 Profile Unlocking
Organizations may unlock worker profiles to view full details by paying the applicable fees. Once unlocked, the organization will have access to the worker's full profile information for the duration specified in the unlocking terms.
Hiring and Team Management
8.1 Hiring Requests
Organizations may send hiring requests to workers through the Platform. Workers may accept or decline these requests at their discretion. The Platform facilitates the initial connection between organizations and workers but is not responsible for the terms of any employment or contract relationship that may result.
8.2 Team Management
Organizations may use the Platform to manage teams and team members. This includes creating roles, assigning team members to roles, and managing team-related activities. Organizations are responsible for ensuring that their team management activities comply with all applicable laws and regulations.
8.3 Organization Members
Organizations may invite and manage members within their organization account. Organization administrators are responsible for managing member access and permissions and for ensuring that all members comply with these Terms.
Payments and Fees
9.1 Fees
We charge fees for certain services provided through the Platform, including but not limited to:
- Profile unlocking fees for organizations to view full worker profiles.
- Subscription fees for premium features.
- Service fees for facilitating connections between workers and organizations
All fees are listed on the Platform and are subject to change at any time. We will provide notice of any fee changes through the Platform or by email.
9.2 Payment Processing
Payments are processed through our third-party payment processor, Stripe. By making a payment through the Platform, you agree to provide accurate and complete payment information and authorize us to charge your payment method for the applicable fees.
9.3 Refunds
All fees are non-refundable unless otherwise specified or required by law.
Content Guidelines
10.1 User Content
You retain ownership of any content you submit, post, or display on or through the Platform ("User Content"). By submitting, posting, or displaying User Content on or through the Platform, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with providing and promoting the Platform.
10.2 Content Standards
You agree that all User Content you provide will comply with these Terms and will not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10.3 NSFW Image Check
All images uploaded to the Platform are checked for inappropriate content. We reserve the right to remove any images that we determine, in our sole discretion, to be inappropriate or in violation of these Terms.
Intellectual Property
11.1 Platform Content
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Scaffald, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
11.2 Trademarks
The Scaffald name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Scaffald or its affiliates or licensors. You may not use such marks without the prior written permission of Scaffald.
Privacy
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using the Platform, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
Termination
13.1 Termination by You
You may terminate your account at any time by following the instructions on the Platform or by contacting us at support@scaffald.com.
13.2 Termination by Us
We may terminate or suspend your account and access to the Platform at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
13.3 Effect of Termination
Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimers and Limitations of Liability
14.1 Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14.2 Limitation of Liability
IN NO EVENT WILL SCAFFALD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
14.3 Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Scaffald, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.
Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.
Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.