MUNKA TECHNOLOGIES INCORPORATED

Munka Technologies Incorporated (“Munka”, “we”, “us”, or “our”) operates a technology platform accessible via mobile application(s) and website(s) (collectively, the “Platform”). The Platform enables users to post, discover, and accept temporary, part-time, or task-based work opportunities (“Jobs”).

These Universal Terms of Use, User Agreement & Privacy Policy (the “Agreement”) apply to all visitors, registered users, and others who access or use the Platform (“you” or “User”), whether you act as someone seeking services (“Hirer”), someone providing services (“Contractor”), an agency or staffing company (“Agency User”), or any combination of these roles.

By clicking “I Agree”, creating an account, or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you must stop using the Platform immediately.

2.1 Marketplace Only. Munka is a neutral, online marketplace and technology platform. Munka is not a staffing agency, not an employer of Users, and does not provide labor or services. Munka provides tools for Users to connect, arrange, and manage Jobs between themselves.

2.2 No Employment, No Joint Venture. Nothing in this Agreement shall be construed as creating an employment, joint venture, partnership, franchise, or agency relationship between Munka and any User. Contractors are independent businesses or individuals using the Platform to find opportunities and are not employees or agents of Munka.

2.3 No Control Over Work. Hirers determine the scope and description of Jobs and Contractors determine whether to accept them. Munka does not supervise, direct, control, or set the hours, locations, tools, or methods by which Contractors perform Jobs.

3.1 Dual Roles. A single User may operate as a Hirer, a Contractor, or both at different times. The rights and obligations applicable to each role apply to you when you act in that role.

3.2 Agency Users. Agencies or staffing companies may use the Platform to manage their own workers, subject to this Agreement. Agencies are solely responsible for their workers’ classification, wages, taxes, and compliance with applicable law.

4.1 Minimum Age. You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Platform.

4.2 Legal Capacity. By using the Platform, you represent that you have the legal capacity and authority to enter into this Agreement.

4.3 Compliance with Laws. You are solely responsible for ensuring that your use of the Platform and performance of Jobs complies with all applicable laws, regulations, and licensing and permit requirements.

5.1 Accurate Information. You agree to provide true, accurate, current, and complete information during registration and to maintain and promptly update such information.

5.2 Account Credentials. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify Munka immediately of any unauthorized use or suspected breach of security.

5.3 One Person, One Account. Unless expressly permitted by Munka, each individual must maintain their own account and may not share an account with others.

By using the Platform, you represent and warrant that:

(a) You are legally permitted to work, hire, or contract in your jurisdiction;

(b) You will use the Platform only for lawful purposes;

(c) You will not misrepresent your identity, qualifications, or authority;

(d) You will comply with all policies and rules posted by Munka from time to time.

7.1 Independent Contractor. When you act as a Contractor, you acknowledge and agree that you are an independent contractor and not an employee, agent, or representative of Munka.

7.2 Taxes & Benefits. Contractors are solely responsible for all taxes (including income, self-employment, payroll, sales or use taxes), insurance, licenses, permits, and any other obligations related to their work. Contractors are not entitled to any benefits from Munka (including health insurance, retirement contributions, workers’ compensation, or unemployment insurance).

7.3 Tools & Expenses. Contractors are responsible for providing their own tools, equipment, transportation, and safety gear needed to perform a Job, unless otherwise agreed directly between Hirer and Contractor.

7.4 No Authority. Contractors may not bind Munka in any agreement or make representations on behalf of Munka.

8.1 Third-Party Payment Processor. Munka uses Stripe or other third-party payment processors (“Payment Processor”) to facilitate payments between Hirers and Contractors and to collect service and administrative fees (“Munka Fees”). By using the Platform, you agree to comply with the Payment Processor’s terms and policies.

8.2 Authorization. You authorize Munka and the Payment Processor to (a) charge the payment method you provide for Job fees, Munka Fees, and applicable taxes, and (b) credit balances, refunds, or Contractor payouts to your designated account.

8.3 Hirer Charges. Hirers agree that once a Contractor has completed a Job (or as otherwise defined by Platform completion rules), the applicable Job amount, platform fees, and any taxes will be charged to the Hirer’s payment method. Certain posting or administrative fees may be non-refundable.

8.4 Contractor Payouts. Contractors agree that payouts are subject to: (a) Job completion confirmation, (b) review of fraud and risk signals, (c) any applicable hold periods for chargebacks or disputes, and (d) compliance checks. Munka may delay or withhold payouts where required by law, pursuant to court order, or during an investigation.

8.5 Chargebacks & Disputes. If a payment is reversed, charged back, or disputed, Munka may (a) reverse a Contractor payout, (b) place a hold on funds, (c) recover amounts from your account or future payouts, and/or (d) suspend or terminate your account.

8.6 Fees. Munka may charge administrative, posting, subscription, or transaction fees. Fee amounts and structures may change from time to time, and continued use of the Platform constitutes acceptance of updated fee schedules.

9.1 Cancellations. Hirers and Contractors agree to follow Munka’s cancellation rules. Repeated last-minute cancellations or no-shows may result in penalties, ratings impact, or account suspension.

9.2 Disputes Between Users. Munka may, but is not required to, help facilitate resolution of disputes between Users. Munka does not guarantee any outcome or decision. Any resolution assistance is provided as a courtesy only and does not create an obligation or liability.

9.3 Final Decisions. Munka’s decision regarding any platform-level dispute resolution, charge, refund, or account action is final for purposes of Platform participation.

10.1 Third-Party Background Checks. Munka may offer or require background checks on certain Users via thirdparty vendors. You authorize Munka and its vendors to obtain, receive, and evaluate such reports as permitted by law.

10.2 No Guarantee. Munka does not represent or warrant that any background check is accurate, complete, up-todate, or sufficient for your purposes. A “cleared” status does not guarantee future behavior or safety.

10.3 User Responsibility. You remain solely responsible for assessing the risk of interacting with any User and for making your own decisions about trust and safety.

11.1 General Safety. Munka does not and cannot guarantee the safety of any Job, location, or User. You are solely responsible for your own safety at all times.

11.2 Work Environment. Hirers must provide safe work environments and comply with applicable health, safety, and building laws. Contractors must follow reasonable safety practices and decline any Job they deem unsafe.

11.3 Illegal Activity. You agree not to use the Platform for any illegal purpose, including but not limited to human trafficking, unsafe construction work, unlicensed medical or legal services, or any other unlawful activity.

(a) Use the Platform to harass, threaten, intimidate, or discriminate against others;

(b) Post false, misleading, or deceptive information;

(c) Impersonate any person or entity or falsely state or misrepresent your affiliation;

(d) Interfere with or disrupt the operation of the Platform;

(e) Use bots, scrapers, or other automated means without Munka’s prior consent;

(f) Engage in any activity that could harm Munka, other Users, or the public.

13.1 Ratings & Feedback. The Platform may allow Users to rate and review each other. By using the Platform, you consent to the publication of ratings and feedback related to your activity on the Platform.

13.2 Moderation. Munka may, but is not obligated to, review, edit, remove, or refuse to post ratings or reviews, in its sole discretion.

13.3 Account Suspension & Termination. Munka may suspend, restrict, or terminate your access to the Platform at any time, with or without notice, for any reason or no reason, including but not limited to low ratings, complaints, fraud, non-payment, safety concerns, or violation of this Agreement.

14.1 Agency Responsibility. If you are an Agency User, you are solely responsible for your workers, including classification, wages, taxes, and compliance with all employment, labor, and wage-and-hour laws.

14.2 No Liability for Agency Workers. Munka is not responsible for and shall not be liable for the acts, omissions, or obligations of any Agency or Agency worker.

14.3 Shared Accounts & Sub-Accounts. Where permitted, Agencies may manage multiple workers under a primary account. The Agency is responsible for all activity conducted under its accounts.

15.1 Munka IP. All technology, software, interfaces, trademarks, logos, graphics, text, and other content of the Platform (“Munka IP”) are owned by or licensed to Munka and are protected by intellectual property laws. You acquire no ownership rights in Munka IP by using the Platform.

15.2 License to Use Platform. Subject to your compliance with this Agreement, Munka grants you a limited, nonexclusive, non-transferable, revocable license to access and use the Platform solely for its intended purposes.

15.3 User Content. You grant Munka a worldwide, nonexclusive, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, display, and distribute any content you submit through the Platform (“User Content”) for the purpose of operating, improving, and promoting the Platform.

15.4 DMCA & Removal. If you believe content on the Platform infringes your copyright, you may notify Munka at support@munkainc.com with sufficient details to identify the alleged infringement. Munka may remove or disable access to content in its discretion.

16.1 Stripe and Other Providers. The Platform may rely on third-party services for payments, background checks, messaging, analytics, and other functions. Your use of those services may be subject to their own terms and privacy policies.

16.2 No Endorsement. Munka does not endorse or assume responsibility for any third-party websites, applications, or services accessible via the Platform.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL SERVICES PROVIDED BY MUNKA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY.

MUNKA DOES NOT WARRANT THAT:

(a) THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE;

(b) ANY JOBS WILL BE AVAILABLE OR MATCHED;

(c) ANY USER IS SAFE, QUALIFIED, OR RELIABLE;

(d) ANY PARTICULAR OUTCOME, EARNINGS, OR RESULTS WILL BE ACHIEVED.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MUNKA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MUNKA’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS (USD $100), OR (B) THE TOTAL AMOUNT OF FEES PAID BY YOU TO MUNKA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to indemnify, defend, and hold harmless Munka and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in connection with: (a) your use of the Platform; (b) your violation of this Agreement; (c) your violation of any law or the rights of any third party; or (d) any Job, service, or interaction with another User.

20.1 Overview. This section describes how Munka collects, uses, shares, and protects personal data in connection with the Platform.

20.2 Data Collected. Munka may collect:

• Account data (name, email, phone number, password);
• Profile data (photo, skills, experience, availability);
• Identity and verification data (IDs, licenses, tax forms where required);
• Payment and payout data (bank account, card information processed via third-party Payment Processor);
• Location data (approximate and/or precise, depending on device settings);
• Communications (messages or support inquiries).

20.3 Use of Data. Munka uses data to:

• Operate and maintain the Platform;
• Facilitate Jobs and payments;
• Improve and develop features and user experience;
• Prevent fraud, mitigate risk, and protect safety;
• Comply with legal obligations;
• Send service-related communications and, where permitted, marketing communications (with opt-out options).

20.4 Data Sharing. Munka may share data with:

• Other Users, to the extent necessary to facilitate Jobs;
• Payment Processors (e.g., Stripe);
• Background check vendors;
• Service providers assisting with hosting, analytics, support, email, and SMS;
• Authorities or third parties when required by law or in response to valid legal requests.

20.5 International Transfers. Data may be stored or processed in the United States and other countries, which may have different data protection laws than your country of residence.

20.6 Data Retention. Munka retains personal data for as long as reasonably necessary for the purposes described in this Agreement, including to comply with legal, tax, and accounting requirements, and to resolve disputes.

20.7 Your Rights. Subject to applicable law, you may request access to, correction of, or deletion of your personal data, or object to certain processing. You can exercise these rights by contacting support@munkainc.com. Munka may need to retain certain data where required by law or for legitimate business purposes.

20.8 Children’s Privacy. The Platform is not directed to children under 18. Munka does not knowingly collect personal data from children under 18. If we become aware that a child under 18 has provided personal data, we will take steps to delete such data.

Munka uses commercially reasonable administrative, technical, and physical safeguards to protect personal data. However, no system is perfectly secure, and Munka cannot guarantee absolute security of your information.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

22.1 Agreement to Arbitrate. You and Munka agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, or any Job or interaction with another User (collectively, “Disputes”) shall be resolved exclusively by binding arbitration, rather than in court, except that you or Munka may seek equitable relief in a court of competent jurisdiction for limited purposes such as injunctive relief to protect intellectual property or prevent unauthorized access or use of the Platform.

22.2 Class Action Waiver. YOU AND MUNKA AGREE THAT DISPUTES SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MULTI-PLAINTIFF PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

22.3 Arbitration Rules and Venue. Arbitration shall be conducted by the American Arbitration Association (AAA) under its applicable rules. Unless otherwise agreed, the seat of arbitration shall be the State of Delaware, U.S.A., but hearings may be conducted remotely (e.g., by video conference) where permitted by AAA rules.

22.4 Governing Law. This Agreement and any Dispute between you and Munka shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles, except that the Federal Arbitration Act (FAA) shall govern the interpretation and enforcement of this arbitration agreement.

22.5 Costs. The payment of arbitration fees shall be governed by AAA rules. Each party shall bear its own attorneys’ fees, unless the arbitrator awards fees under applicable law.

22.6 Opt-Out. If you do not wish to be bound by this arbitration provision and class action waiver, you must notify Munka in writing at support@munkainc.comwithin thirty (30) days of the date you first accept this Agreement. Your written notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

23.1 Term. This Agreement applies from the time you first access or use the Platform and continues until terminated.

23.2 Termination by You. You may stop using the Platform and delete your account at any time.

23.3 Termination by Munka. Munka may suspend, terminate, or restrict your account or access to the Platform at any time, with or without notice, for any or no reason.

23.4 Survival. Sections concerning payments, disputes, limitation of liability, indemnification, privacy, intellectual property, arbitration, and any other provisions that by their nature should survive termination shall survive termination of this Agreement.

Munka may update or modify this Agreement from time to time. When changes are made, we will update the “Effective Date” above and may provide additional notice as appropriate. Your continued use of the Platform after any update constitutes your acceptance of the revised Agreement.

If you have any questions about this Agreement or your account, you may contact us at:

Munka Technologies Incorporated

Email: support@munkainc.com

By clicking “I Agree” or using the Platform, you confirm that you have read, understood, and agree to be bound by this Universal Terms of Use, User Agreement & Privacy Policy.