Introduction
Welcome to Diiirect (“we,” “us,” “our”). By accessing or using www.diiirect.com (the “Site”) and all associated mobile apps, web services, and platforms (collectively, the “Services”), you (“user” or “you”) agree to be bound by these Terms and Conditions (“Terms”). These Terms govern your access to and use of our Services, including any content, functionality, and paid services offered on or through the Site.
Diiirect is a platform owned by Draidel LLC, a limited liability company organized under the laws of Florida, USA, with a principal place of business at 66 West Flagler Street, Miami, FL, USA. Our platform connects businesses or individuals seeking professional services (“Clients”) with freelancers or professionals (“Talent”) who offer their services. In some cases, Diiirect hires and manages Talent directly on behalf of a Client. If Diiirect is serving as the hiring or managing party, Diiirect may be responsible for the performance of that Talent. If a Client chooses to hire a Talent without Diiirect’s direct management or ongoing involvement, Diiirect bears no responsibility for the performance or outcome of that engagement. By creating an account as a Client or Talent (including “Candidate,” referring to individuals in the process of applying to become Talent), you accept these Terms. If you do not agree with these Terms, you should not access or use our Services.
1. Eligibility
1.1 Age Requirement: To register an account, you must be at least 18 years old or the age of majority in your jurisdiction.
1.2 Authority: If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
1.3 Compliance: You agree to comply with all applicable local, state, national, and international laws and regulations when using the Services.
2. Account registration
2.1 Registration Process: To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information when creating your account and to update your information if it changes.
2.2 Account Types:
- Clients: Individuals or companies seeking to hire Talent.
- Talent: Freelancers, professionals, or other service providers.
- Candidates: Users who have applied to join the Talent pool but are not yet approved.
2.3 Account Security: You are responsible for safeguarding your account credentials. You agree not to disclose your username or password to any third party and to notify Diiirect immediately if you suspect unauthorized use of your account. You are liable for any activity conducted under your account.
2.4 Verification: We may require you to provide additional information for verification, including government-issued ID, biometric data, or other credentials. We reserve the right to suspend or terminate your account if we are unable to verify your identity or if you fail to meet our eligibility criteria.
3. Use of services
3.1 Service Provision: Diiirect facilitates communication and project engagements between Clients and Talent. We do not guarantee the quality, legality, or suitability of any service provided by Talent, nor the accuracy or reliability of any information shared by Clients or Talent.
3.2 No Employment Relationship: Diiirect is not an employer of Talent unless explicitly stated in a separate written agreement. Our platform merely enables the contract between Clients and Talent. Any work or services are performed under a direct contract between the Client and the Talent. Talent is solely responsible for any legal or tax obligations arising from such work.
3.3 Independent Contractor Relationship: Any agreement formed between a Client and Talent is solely between those parties. Diiirect is not a party to such agreements and disclaims any liability arising from or related to such agreements unless Diiirect specifically serves as the hiring/managing entity.
3.4 Prohibited Uses: You agree not to engage in any of the following:
- Posting inappropriate, false, or misleading content.
- Violating any local, state, national, or international law.
- Infringing upon any third-party rights, including intellectual property rights.
- Circumventing or attempting to circumvent any security feature of the Services.
- Using the Services to promote unlawful activities, spamming, or distributing viruses.
4. Payment terms
4.1 Fees and Billing: Clients may be charged fees for posting jobs, selecting Talent, or other premium features. Talent may also be subject to service fees or commission structures. These fees will be detailed at the time of purchase or contract formation.
4.2 Payment Processor: Diiirect may use third-party payment processors to handle financial transactions. You agree that Diiirect will not be liable for any actions or omissions of third-party payment processors.
4.3 Late Payments: If any applicable fees remain unpaid, Diiirect may suspend or terminate your account and restrict access to the Services until the outstanding amounts are settled.
4.4 Tax Compliance: Each party is responsible for its own tax obligations in connection with any transactions through the platform. Talent must comply with any local or international tax laws, including those related to freelance income.
5. User content
5.1 Ownership: As a user, you may submit or post content, including but not limited to text, images, or other materials (“User Content”). You retain all rights in, and are solely responsible for, your User Content.
5.2 License to Diiirect: By posting or sharing User Content, you grant Diiirect a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that User Content in connection with the provision, promotion, or improvement of the Services.
5.3 Representation and Warranties: You represent and warrant that you own or have the necessary rights to upload or share your User Content and that your User Content does not violate these Terms or any third-party rights.
5.4 Removal of Content: Diiirect reserves the right to remove or modify any User Content at its discretion, without liability, if it violates these Terms or is otherwise inappropriate.
6. Intellectual property
6.1 Diiirect IP: The Site, Services, and associated materials (e.g., trademarks, logos, text, software) are owned by or licensed to Diiirect and are protected by international intellectual property laws. You agree not to reproduce, distribute, or create derivative works from any part of the Services without our prior written permission.
6.2 User IP: Diiirect does not claim ownership of User Content. However, by providing User Content, you grant us the license described in Section 5.2.
6.3 Feedback: If you provide suggestions, ideas, or feedback to Diiirect (“Feedback”), you grant Diiirect a worldwide, perpetual, irrevocable, royalty-free license to incorporate and use the Feedback for any purpose.
7. Marketing and publicity
7.1 Use of Likeness: You agree that Diiirect may use your name, likeness, profile image, or other biographical information for marketing and promotional purposes without the need for separate consent. If you do not wish to be featured, contact us at support@diiirect.com.
7.2 Success Stories: With or without additional notice, Diiirect may showcase certain successful Client-Talent projects or engagements to illustrate the effectiveness of our Services, including quotations, anonymized details of project outcomes, or user testimonials.
8. Disclaimer of warranties
8.1 As Is: The Services are provided “as is” and “as available,” without warranties of any kind, either expressed or implied. Diiirect disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of dealing.
8.2 No Guarantee: We do not guarantee that
- (a) the Services will be secure or available at any particular time or location;
- (b) any defects or errors will be corrected;
- (c) any content or software available at or through the Services is free of viruses or other harmful components; or
- (d) the results of using the Services will meet your requirements.
8.3 Talent and Client Conduct: We do not endorse or control the conduct of Clients or Talent. You acknowledge that any risks arising from your interactions or agreements with other users rest entirely with you.
9. Limitation of liability
9.1 Indirect Damages: To the maximum extent permitted by law, Diiirect will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or goodwill.
9.2 Cap on Liability: To the extent permitted by law, Diiirect’s total liability arising from or related to these Terms will not exceed the total amounts paid by you to Diiirect in the six (6) months preceding the claim, or one hundred US dollars ($100), whichever is greater.
9.3 Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
10. Indemnification
You agree to defend, indemnify, and hold harmless Diiirect, its affiliates, and their respective directors, officers, employees, and agents from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to
- (a) your use of the Services,
- (b) your User Content,
- (c) your violation of these Terms or any applicable law.
11. Termination
11.1 Termination by You: You may terminate your account at any time by contacting support@diiirect.com. Upon termination, you must cease using the Services.
11.2 Termination by Diiirect: We may suspend or terminate your account at any time, for any reason, including if you breach these Terms or our policies.
11.3 Effect of Termination: Upon termination, all rights granted to you under these Terms will cease. Any provisions intended to survive termination (e.g., indemnifications, limitations of liability) shall continue in full force and effect.
12. Dispute resolution
12.1 Governing Law: These Terms are governed by and construed in accordance with the laws of Florida, USA, without regard to its conflict of laws principles.
12.2 Arbitration: Any dispute arising from or relating to these Terms or the Services will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Miami, Florida, USA, and judgment on the award rendered by the arbitrator(s) may be entered in any court with jurisdiction.
12.3 Class Action Waiver: You agree to resolve any disputes on an individual basis, and you waive the right to participate in a class action or class-wide arbitration.
13. Miscellaneous
13.1 Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Diiirect and supersede any prior agreements or understandings.
13.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
13.3 No Waiver: Diiirect’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
13.4 Assignment: Diiirect may assign or transfer its rights and obligations under these Terms without restriction. You may not assign or transfer your account or these Terms without our prior written consent.
13.5 Notices: We may provide notices by email or by posting a notice on our Site. Notices will be deemed given as of the date the email is sent or the date of posting.
13.6 Force Majeure: Neither party will be liable for any failure or delay in performance under these Terms due to events beyond its reasonable control, such as natural disasters, war, or government action.
14. Contact information
For questions or concerns regarding these Terms, please contact:
Diiirect (Draidel LLC)
Email: support@diiirect.com
Mailing address: 66 West Flagler Street, Miami, FL, USA
15. Non-solicitation
Clients and Talent agree not to circumvent Diiirect by engaging in direct business or employment relationships with each other without Diiirect’s involvement for a period of 24 months after their last interaction on the platform. In the event of such circumvention, the violating party agrees to pay a penalty fee equivalent to the greater of:
- $25,000 USD, or
- 30% of the estimated or actual value of the services contracted outside the platform.
This clause is essential to protect the integrity of the Diiirect ecosystem.
16. Additional dispute resolution terms
In addition to the arbitration provisions in Section 12, Diiirect reserves the right to:
- Select the arbitrator, subject to the rules of the American Arbitration Association.
- Dictate reasonable rules of procedure to ensure fairness while protecting Diiirect’s interests.
Any judgment on the arbitrator’s award may be entered in any court that has jurisdiction.
17. Privacy policy
For details about how we collect, use, and protect your data, please see our Privacy Policy. By using the Services, you acknowledge that you have read and understand our Privacy Policy.