3. Services Provided by ModelHire

ModelHire provides an online platform designed to connect models (“Models”) and clients (“Clients”) for professional modeling opportunities. Our Platform offers a suite of services to facilitate job postings, bookings, profile management, and communication. ModelHire does not act as a talent agency, employer, or agent and is not responsible for any engagements or interactions beyond providing the Platform. The services offered by ModelHire include the following:

3.1 Model Job Board
ModelHire’s job board allows Clients to post modeling jobs, casting calls, and other opportunities for Models to view and apply. Clients can create job listings with specific requirements, compensation details, and application instructions. Models can browse these listings and apply to those that align with their skills and preferences.

3.2 Booking Platform
Through our booking platform, Clients can connect directly with Models to coordinate job details and confirm bookings. The Platform enables a streamlined booking process that includes communication, contract terms, and payment arrangements between Clients and Models.

3.3 Profile Creation and Management

• For Models: ModelHire allows Models to create a professional profile showcasing their experience, skills, photos, and relevant details. Models can update their profiles to ensure accuracy and improve their chances of connecting with Clients.
• For Clients: Clients can create profiles to manage job postings, applications, and bookings. Client profiles allow Models to learn more about the Client’s requirements, reputation, and job history on the Platform.

3.4 Direct Messaging
The direct messaging feature allows Models and Clients to communicate securely on the Platform regarding job opportunities, bookings, and specific requirements. All communication must remain within ModelHire to protect user privacy and ensure transaction security.

3.5 Payment Management and Escrow Service
ModelHire provides an integrated payment management system, powered by Stripe, to facilitate secure transactions between Clients and Models.

• Escrow Payments: Payments are held in escrow until the successful completion of a job. Funds are released only after both the Model and Client confirm job completion on the Platform.
• Transaction Fees: ModelHire deducts a 10% transaction fee for each completed job, which is deducted to the job’s total cost. Models must subscribe to access Platform services; the subscription fee varies based on the selected plan.
• Refund Policy: All transactions are non-refundable. Subscription and transaction fees are final unless otherwise required by law.

3.6 Client Job Posting Services
Clients have access to job posting tools that allow them to publish casting calls and job listings tailored to specific roles or project needs. ModelHire provides templates and guidance to help Clients describe job details clearly and attract the best-suited Models for each role.

3.7 Pre-Recorded Virtual Modeling Classes
Annual subscribers gain exclusive access to pre-recorded virtual modeling classes, designed to enhance their skills and provide professional insights. These classes are curated by industry experts and are available to Models who choose the annual subscription plan.

3.8 Platform Exclusivity Requirement
To maintain Platform integrity and user security, all communications, bookings, and payments between Models and Clients must take place on ModelHire.co. Users are prohibited from sharing personal contact information or conducting off-platform transactions, and failure to comply may result in account suspension or termination.

3.9 Service Limitations
ModelHire provides these services as tools for connecting Models and Clients. While we strive for accuracy and functionality, ModelHire does not guarantee job outcomes, user compatibility, or any results from Platform use. Users are responsible for their own due diligence and verification of opportunities or individuals they interact with on ModelHire.

4. Payment Management

ModelHire offers a secure payment management system to facilitate transactions between Models and Clients on the Platform. To ensure fair and transparent handling of payments, ModelHire utilizes an escrow-based system, powered by Stripe, where payments are held securely until both parties confirm job completion. This section outlines ModelHire’s policies and processes for handling payments, fees, and related financial transactions.

4.1 Subscription Fees for Models
Models are required to subscribe to the Platform to access its features, including the job board, direct messaging, profile creation, and booking services. Model subscriptions are available on a monthly, semi-annual, or annual basis, with additional benefits for annual subscribers, such as access to pre-recorded virtual modeling classes.

• Payment of Fees: All subscription fees are due at the time of sign-up and are automatically renewed based on the selected plan (monthly, semi-annual, or annual).
• Non-Refundable Policy: All subscription payments are final and non-refundable. ModelHire does not offer refunds for any unused portion of a subscription, except where required by law.

4.2 Escrow Payment System for Job Bookings
When a Client books a Model for a job, payment is collected from the Client at the time of booking and held in escrow through ModelHire’s Stripe-powered payment system. This system ensures that funds are securely held until both the Model and Client confirm the successful completion of the job.

• Funds Release: Once the job is completed, both the Model and Client must mark the job as completed on the Platform to release the funds from escrow. This confirmation signals that the job requirements have been fulfilled to the satisfaction of both parties.
• Job Disputes: If a dispute arises regarding job completion or quality, ModelHire encourages both parties to communicate and resolve the issue through the Platform. ModelHire does not mediate disputes but reserves the right to temporarily hold funds in escrow until the parties reach a mutual resolution.

4.3 Transaction Fees
ModelHire deducts a 10% transaction fee on each job booking, calculated as a percentage of the total job payment. This fee is deducted off the total cost at the time of booking and is non-refundable.

• Purpose of Transaction Fee: This transaction fee helps cover ModelHire’s operational costs for hosting and maintaining the Platform, ensuring secure payment processing, and providing customer support.
• Non-Refundable Policy: Transaction fees are final and non-refundable, even if the job is canceled or does not proceed as planned. Clients should carefully review job details before confirming a booking.

4.4 Payment Processing and Security
ModelHire uses Stripe as its third-party payment processor to handle all transactions. Stripe is a secure and trusted payment platform that complies with industry standards for data security. By using ModelHire, you agree to Stripe’s terms of service and authorize Stripe to process your payments on behalf of ModelHire.

• Payment Information: Users must provide valid and accurate payment information at the time of each transaction. ModelHire does not store full credit card or payment details, as this information is securely managed by Stripe.
• Failed Payments: If a payment fails, the transaction will not be completed, and the associated job or subscription may be canceled or suspended. Users are responsible for ensuring their payment methods are current and sufficient to cover any fees due.

4.5 Non-Refundable Transactions
All payments made on the Platform, including subscription fees, transaction fees, and job payments, are non-refundable. By using the ModelHire Platform and making payments, you agree to this non-refundable policy. Exceptions may only be made if required by applicable law.

4.6 Payment Disputes
Any disputes regarding payments, job completion, or other financial transactions should be directed to the opposing party first. ModelHire provides a messaging platform for resolution but does not mediate disputes. In cases where an amicable resolution cannot be reached, funds may remain in escrow until both parties agree or an outside legal resolution is pursued.

4.7 Taxes and Withholding
Users are responsible for any taxes, fees, or other charges required by law related to payments they receive or pay on the Platform. ModelHire does not withhold taxes on behalf of users and is not responsible for any tax reporting requirements of its users.

5. User Responsibilities

By using the ModelHire Platform, all users, including both Models and Clients, agree to uphold the following responsibilities to maintain a respectful, safe, and professional environment. These responsibilities outline expected behavior, usage limitations, and prohibited activities to protect all users and the integrity of the Platform.

5.1 Compliance with Terms and Policies
Users agree to abide by these Terms of Use, as well as any other guidelines, rules, or policies that ModelHire may establish. Violations may lead to account suspension, termination, or legal action, at ModelHire’s discretion.

5.2 Accurate and Honest Information
Users are required to provide accurate, current, and complete information on their profiles and in all interactions on the Platform.

• Models: Must ensure that their profile details, including experience, skills, and portfolio content, accurately represent their abilities and qualifications.
• Clients: Must ensure that job postings, descriptions, requirements, and compensation details are clear, truthful, and reflect the actual opportunity available.

Providing misleading or false information is strictly prohibited and may result in account suspension or termination.

5.3 Respectful Communication
ModelHire promotes a respectful and professional environment. Users must communicate courteously and avoid any behavior that may be deemed harassing, abusive, discriminatory, or offensive.

• Harassment and Abuse: Harassing, threatening, or abusive language, messages, or behavior will not be tolerated.
• Discrimination: Discriminatory behavior or language based on race, gender, ethnicity, nationality, religion, sexual orientation, disability, or any other characteristic is strictly prohibited.
• Professional Conduct: Users must maintain professional conduct in all communications on the Platform. Failure to do so may result in account suspension or other disciplinary actions.

5.4 Platform Exclusivity for Communication and Transactions
To protect user privacy and transaction security, all communication and financial transactions related to bookings and job postings must occur within the ModelHire Platform.

• No Off-Platform Communication: Clients are prohibited from soliciting Models’ contact information to communicate or negotiate off-platform. Attempts to bypass the Platform’s communication or payment channels are violations of these Terms.
• Consequences for Violation: Any attempt to communicate or conduct transactions off-platform may result in account suspension, termination, or other disciplinary action.

5.5 Content Standards and Restrictions
Users are responsible for ensuring that any content they upload to the Platform, including photos, text, and profile information, complies with ModelHire’s content standards.

• Prohibited Content: Users may not post or share content that:
  • Contains explicit or offensive material, hate speech, or any content that promotes violence or discrimination.
  • Infringes upon the intellectual property rights or privacy rights of others.
  • Is fraudulent, deceptive, or intended to mislead other users.
• Content Ownership and Usage Rights: By uploading content to ModelHire, users represent that they have the rights to such content and grant ModelHire a non-exclusive, royalty-free license to use the content for promotional and marketing purposes.

5.6 Account Security
Users are responsible for safeguarding their account credentials, including usernames and passwords. ModelHire recommends using strong passwords and regularly updating them.

• Unauthorized Access: Users must notify ModelHire immediately of any unauthorized access or use of their account. ModelHire is not liable for any loss or damage resulting from a user’s failure to secure their account.
• One Account per User: Each user is permitted only one active account. Creating multiple accounts or sharing account access with others is prohibited.

5.7 Prohibited Activities
ModelHire prohibits certain activities to protect the integrity and safety of the Platform. Users may not:

• Engage in fraudulent activities, including impersonation or false representation.
• Attempt to bypass ModelHire’s payment or communication systems to avoid transaction fees.
• Use automated systems, scripts, bots, or any other methods to improperly interact with the Platform.
• Violate any applicable laws or regulations while using ModelHire.
• Share personal or sensitive information, such as financial details, outside of ModelHire’s secure systems.

5.8 Cooperation with Investigations
In cases of potential violations of these Terms or user complaints, users agree to cooperate with any investigations conducted by ModelHire. This may include providing additional information or clarifying their activities on the Platform.

5.9 Responsibility for Interactions
While ModelHire provides tools and services to facilitate connections, users are solely responsible for evaluating and verifying the individuals and opportunities they engage with on the Platform. ModelHire is not liable for any outcomes or issues arising from user interactions, whether online or in-person.

6. Intellectual Property and Content Rights

ModelHire values and respects the intellectual property rights of all users and third parties. This section explains the rights and responsibilities of ModelHire and its users regarding the content posted, shared, and accessed on the Platform.

6.1 Ownership of Platform Content
All content, features, and functionality on ModelHire.co, including but not limited to text, graphics, logos, icons, images, videos, software, and code, are the exclusive property of ModelHire and/or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

• Trademarks: ModelHire’s name, logo, and any other branding elements are trademarks of ModelHire. Unauthorized use of these trademarks is strictly prohibited.
• Rights Reserved: ModelHire reserves all rights not expressly granted to users under these Terms.

6.2 User-Generated Content
ModelHire allows users to create and upload content to the Platform, including profiles, photos, job postings, messages, and other materials (collectively, “User-Generated Content”). By posting User-Generated Content, users grant ModelHire certain rights to use, display, and distribute this content within the Platform and for promotional purposes.

• License Grant: By uploading or posting User-Generated Content, users grant ModelHire a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, distribute, display, and otherwise exploit the content in connection with the operation, promotion, and marketing of the Platform. This license allows ModelHire to feature user content in advertisements, social media, marketing materials, and other promotional content.
• Content Responsibility: Users are solely responsible for the User-Generated Content they post and represent that they have the necessary rights to grant the license described above. ModelHire is not liable for any claims arising from content posted by users.

6.3 Prohibited Content
Users may not upload, post, or transmit any content that violates these Terms, including but not limited to:

• Content that infringes upon any intellectual property, privacy, or proprietary rights of third parties.
• Content that is defamatory, obscene, offensive, or promotes violence, hate, or discrimination.
• Unauthorized use of copyrighted material, such as photos, music, or videos, without permission from the copyright owner.
• Content that misleads, deceives, or otherwise harms the reputation of other users or ModelHire.

ModelHire reserves the right to remove or restrict access to any content that violates these Terms or is deemed inappropriate for the Platform.

6.4 ModelHire’s Use of User Content
ModelHire may use, reproduce, and display User-Generated Content for the following purposes:

• Platform Functionality: Displaying content on user profiles, job boards, and within relevant search results.
• Promotional and Marketing Efforts: Featuring user content in ModelHire’s promotional materials, social media, and advertisements to showcase the Platform and user achievements.
• Educational Resources: Using anonymized content for educational purposes or case studies that enhance the modeling community.

Users understand and agree that they will not receive any compensation or royalties for ModelHire’s use of their content under the granted license.

6.5 Intellectual Property Infringement Claims
ModelHire respects the intellectual property rights of others and expects users to do the same. If you believe that your intellectual property has been infringed upon by content on ModelHire, please contact us at [insert designated contact email] with the following information:

• A description of the copyrighted work or intellectual property that you claim has been infringed.
• A description of the content or material that you believe infringes upon your rights and its location on the Platform.
• Your contact information, including email address and phone number.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner or authorized to act on behalf of the owner of the intellectual property.

ModelHire will respond to infringement claims in accordance with applicable laws and remove or disable access to any infringing content upon verification.

6.6 User Feedback and Suggestions
ModelHire welcomes feedback, ideas, and suggestions for improving the Platform and services (“Feedback”). By submitting Feedback, you agree that ModelHire may use and exploit this Feedback without any obligation to compensate you. Feedback is considered non-confidential, and you grant ModelHire an unrestricted, perpetual, irrevocable, sublicensable, transferable, and royalty-free license to use any ideas or suggestions you provide for any purpose.

6.7 Protection and Enforcement of Intellectual Property
ModelHire reserves the right to take any appropriate action, including legal proceedings, to protect and enforce its intellectual property rights. Unauthorized use, reproduction, or distribution of ModelHire’s intellectual property may result in civil or criminal penalties.

6.8 No Implicit Rights Granted
Nothing in these Terms grants users any rights to ModelHire’s intellectual property or to the intellectual property of other users, except as expressly permitted within these Terms. Any unauthorized use of Platform content or intellectual property is strictly prohibited.

7. Privacy and Data Use

ModelHire is committed to protecting the privacy of our users and handling personal information with care and transparency. This section outlines how we collect, use, store, and share your data in accordance with our Privacy Policy, which is incorporated by reference into these Terms of Use.

7.1 Data Collection
ModelHire collects personal information necessary to provide and improve our Platform services. By using ModelHire, you agree to the collection of certain information, including:

• Account Information: Details you provide during registration, such as your name, email address, phone number, payment information, and profile content.
• Profile and Job Information: Details shared on your profile, including photos, professional experience, and any other content you choose to provide.
• Usage Data: Information about your activity on ModelHire, including pages visited, time spent on the Platform, and interactions with other users.
• Location Data: With your consent, ModelHire may collect your location data to personalize the user experience and provide relevant job postings based on your region.
• Device Information: Information about the devices you use to access ModelHire, including IP address, browser type, and operating system.

ModelHire may use third-party services, such as Stripe, to process payments. Any data collected by third-party services is subject to their respective privacy policies.

7.2 Use of Collected Data
ModelHire uses collected data to provide, personalize, and improve the Platform experience for users, including but not limited to:

• Service Delivery: Enabling account creation, profile management, job applications, and direct messaging between users.
• Payment Processing: Managing subscription fees, transaction fees, and escrow payments securely through our third-party payment processor.
• Communication: Sending notifications, updates, and alerts related to your account, bookings, and activity on the Platform.
• Personalization: Offering tailored recommendations, job postings, and content based on your preferences and usage patterns.
• Marketing and Promotions: With your consent, we may use your data for marketing purposes, including sending promotional content or showcasing user success stories on our Platform or social media.
• Compliance and Security: Monitoring Platform activity to prevent fraud, abuse, and illegal activity, and ensuring compliance with these Terms and applicable laws.

7.3 Data Sharing and Disclosure
ModelHire may share your data with third parties under limited circumstances and only when necessary for the operation of the Platform or as required by law.

• Service Providers: We may share data with trusted third-party service providers who assist us in delivering and improving ModelHire, such as payment processors, hosting providers, and data analytics services. These providers are obligated to protect your data and use it solely for the services they provide to ModelHire.
• Legal Requirements: ModelHire may disclose user data if required to do so by law or in response to valid legal processes, such as a subpoena, court order, or government request.
• Business Transfers: If ModelHire undergoes a business transaction, such as a merger, acquisition, or asset sale, user data may be transferred to the successor organization. ModelHire will provide notice to users in the event of such a transfer.

7.4 Data Security
ModelHire implements industry-standard security measures to protect user data from unauthorized access, alteration, disclosure, or destruction. These measures include encryption, access controls, and regular security audits. However, no method of transmission over the internet or electronic storage is entirely secure, and ModelHire cannot guarantee the absolute security of your data.

7.5 User Control and Data Rights
ModelHire respects users’ rights to access, modify, and delete their data, subject to certain limitations.

• Access and Update: You can access and update your personal information at any time by logging into your account and editing your profile.
• Data Portability: Upon request, ModelHire may provide a copy of your personal data in a machine-readable format, where feasible.
• Data Deletion: You may request the deletion of your personal data by contacting ModelHire at [email protected]. Please note that some data may be retained for legal, security, or operational purposes, as permitted by applicable law.

7.6 Cookies and Tracking Technologies
ModelHire may use cookies and similar tracking technologies to collect information about your usage of the Platform and improve user experience.

• Cookies: Small files placed on your device to track your activity, preferences, and login sessions.
• Analytics: ModelHire may use third-party analytics services, such as Google Analytics, to gather information about site usage and improve the Platform’s performance.

You can manage cookies through your browser settings, but disabling cookies may affect the functionality of the Platform.

7.7 Retention of Data
ModelHire retains user data only for as long as necessary to provide services, fulfill legal obligations, and achieve legitimate business purposes. When data is no longer needed, ModelHire will securely delete or anonymize it, as required by applicable law.

7.8 International Data Transfers
ModelHire operates in multiple jurisdictions, and your data may be transferred to and stored in countries outside your own. By using ModelHire, you consent to such international transfers, subject to compliance with applicable data protection regulations.

7.9 Privacy Policy
ModelHire’s Privacy Policy provides additional information about how we handle and protect your data. By using the Platform, you acknowledge that you have read and understand ModelHire’s Privacy Policy, which is incorporated into these Terms by reference.

7.10 Contact Information for Privacy Concerns
If you have questions or concerns about ModelHire’s data practices, or if you would like to exercise any data rights, please contact us at [email protected].

8. Termination of Accounts

ModelHire reserves the right to suspend, restrict, or terminate user accounts for any violations of these Terms, inappropriate behavior, or any other activities that compromise the safety, integrity, or functionality of the Platform. This section explains the conditions under which accounts may be terminated, the process for contesting a termination, and the consequences of account termination.

8.1 Termination by ModelHire
ModelHire may suspend or terminate your account, without prior notice, for reasons including but not limited to:

• Violation of Terms: Breaching any provisions of these Terms, including, but not limited to, user responsibilities, payment policies, intellectual property rights, and privacy policies.
• Inappropriate Conduct: Engaging in harassing, abusive, or offensive behavior toward other users, ModelHire representatives, or violating the respectful communication standards.
• Fraudulent or Deceptive Activity: Providing false information, impersonating another person or entity, attempting to deceive or mislead other users, or any other form of fraudulent behavior.
• Off-Platform Transactions: Attempting to communicate or conduct transactions with other users outside the ModelHire Platform to circumvent fees or payment systems.
• Security Violations: Engaging in activities that compromise the security of the Platform, such as hacking, phishing, using bots, or any other form of unauthorized access or interference with ModelHire’s systems.

In cases of severe or repeated violations, ModelHire may immediately and permanently terminate your account and restrict future access to the Platform.

8.2 Termination by User
Users may terminate their accounts voluntarily at any time by accessing their account settings or by contacting ModelHire’s customer support at [email protected]. Upon termination:

• Subscription Fees: Any remaining time on a subscription is non-refundable, and users will not be reimbursed for any paid fees or unused portions of their subscription.
• Access to Services: Once your account is terminated, you will no longer have access to your profile, messages, or any other Platform features.

8.3 Contesting a Termination
If you believe your account was suspended or terminated in error, you may appeal by emailing ModelHire at [email protected]. Please include:

• Account Information: Your username, registered email, and any relevant information about your account.
• Reason for Appeal: A clear explanation of why you believe the termination was a mistake or unjustified.
• Supporting Evidence: Any evidence, messages, or documents that support your case for account reinstatement.

ModelHire will review your appeal and, at its discretion, may decide to reinstate the account. Decisions regarding appeals are final and are not subject to further dispute or reconsideration.

8.4 Consequences of Account Termination
When an account is terminated, either by ModelHire or the user, the following will apply:

• Access Loss: The user will lose access to their profile, messages, job applications, and other data associated with their account.
• Content Removal: ModelHire may, at its discretion, remove any User-Generated Content linked to the terminated account, including but not limited to profiles, photos, job postings, and comments.
• Outstanding Payments: Any outstanding payments due to ModelHire will remain owed and may be pursued by ModelHire, if necessary, in accordance with applicable law.
• Pending Jobs and Payments: For accounts with pending bookings or incomplete jobs, ModelHire will review the circumstances and may withhold or release funds in escrow, depending on the situation and Platform policies.

8.5 Permanent Bans and Restricted Access
In cases of serious breaches, ModelHire reserves the right to permanently ban the user from re-registering on the Platform. Attempting to bypass a ban by creating a new account or using another individual’s account is prohibited and may lead to legal action.

8.6 No Liability for Termination
ModelHire is not liable for any losses, damages, or inconvenience caused by the suspension or termination of an account. Users agree to hold ModelHire harmless from any consequences resulting from the enforcement of these account termination policies.

8.7 Data Retention After Termination
Upon account termination, ModelHire may retain certain information as required by law or for legitimate business purposes, such as record-keeping, legal compliance, and Platform security. Personal information will be handled in accordance with ModelHire’s Privacy Policy.

9. Liability Limitations and Disclaimers

ModelHire provides an online platform for connecting Models and Clients, facilitating job postings, profile management, and booking processes. While we strive to maintain a high-quality, secure experience, ModelHire does not control or guarantee user interactions or outcomes, and we are not liable for any issues arising from user engagements on the Platform. This section outlines the limitations of ModelHire’s liability and includes important disclaimers regarding our services.

9.1 Platform as a Facilitator Only
ModelHire serves solely as a platform to connect Models and Clients for professional modeling engagements. ModelHire is not a talent agency, employer, or booking agent and does not guarantee job opportunities, professional results, or satisfactory interactions between users. All job agreements and service arrangements are solely between the respective Models and Clients.

9.2 No Liability for User Interactions
ModelHire does not guarantee the accuracy, reliability, or trustworthiness of information provided by users on the Platform. Any interactions, engagements, and agreements made between Models and Clients are at the sole risk of the parties involved. ModelHire is not responsible for:

• User Behavior: Conduct, actions, or omissions of any user, whether online or offline, including any harm, harassment, or fraudulent behavior.
• Job or Service Quality: The quality, outcome, or fulfillment of any jobs or services provided by Models or requested by Clients.
• Disputes Between Users: Any disagreements, conflicts, or disputes between users. ModelHire does not mediate or resolve disputes, although we encourage users to communicate respectfully and work towards mutual resolution.

9.3 No Warranties
ModelHire provides the Platform and its services on an “as-is” and “as-available” basis, without any warranties or guarantees of any kind, either express or implied. To the fullest extent permitted by law, ModelHire disclaims all warranties, including but not limited to:

• Fitness for a Particular Purpose: We do not warrant that the Platform or its services will meet your specific needs, expectations, or objectives.
• Reliability and Availability: We do not guarantee that the Platform will be available at all times, free of errors, or uninterrupted.
• Accuracy and Completeness: We make no representations or warranties regarding the accuracy, completeness, or timeliness of content or information on the Platform, including user profiles and job postings.

9.4 Limitation of Liability
To the fullest extent permitted by applicable law, ModelHire and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to:

• Your use or inability to use the Platform.
• Any content or information on the Platform, including errors or inaccuracies.
• Actions or interactions between users, including claims of personal injury, harassment, loss of earnings, emotional distress, or property damage.
• Unauthorized access to or alteration of your account, data, or content.

In no event shall ModelHire’s total liability to you for any claims arising out of or relating to your use of the Platform exceed the total amount of fees, if any, that you have paid to ModelHire in the twelve (12) months preceding the event that gave rise to the claim.

9.5 Indemnification
You agree to indemnify, defend, and hold harmless ModelHire, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, expenses, and costs (including reasonable attorney’s fees) arising from:

• Your use of the Platform or any interactions with other users.
• Your violation of these Terms or any applicable laws or regulations.
• Any content you post or share on the Platform, including claims of intellectual property infringement or other harm caused to third parties.

9.6 No Liability for External Links or Third-Party Services
The Platform may contain links to third-party websites, services, or content that are not owned or controlled by ModelHire. These links are provided for convenience only, and ModelHire is not responsible for the content, policies, or practices of any third-party websites or services. Accessing and using third-party links or services is done at your own risk.

9.7 No Liability for Loss of Data or Service Interruption
ModelHire strives to provide a secure and stable Platform but is not responsible for any data loss, deletion, or service interruption caused by technical failures, cyberattacks, maintenance, or other events beyond our control. We recommend that users independently back up important information and content where possible.

9.8 Jurisdictional Limitations on Liability
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such cases, the exclusions and limitations in these Terms may not apply to you in full, but only to the extent permitted by the applicable law in your jurisdiction.

10. Indemnification

By using the ModelHire Platform, you agree to defend, indemnify, and hold harmless ModelHire, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, expenses, and costs (including reasonable attorneys’ fees) arising out of or in any way connected to your use of the Platform, violation of these Terms, or infringement of any rights of another party.

10.1 Scope of Indemnification
Your indemnification obligations cover any claims or disputes arising out of:

• User Content: Any content, including photos, job postings, messages, or other materials, that you upload, post, or transmit on ModelHire.
• User Interactions: Any interactions, agreements, or disputes between you and other users, including Models, Clients, or third parties.
• Violation of Law: Any alleged or actual violation of local, state, national, or international laws, regulations, or third-party rights resulting from your use of the Platform or actions on ModelHire.
• Breach of Terms: Any breach of these Terms of Use, including but not limited to unauthorized sharing of contact information, attempting off-platform transactions, or misrepresentation of information on your profile.

10.2 Defense of Claims
ModelHire reserves the right to assume, at its expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with ModelHire in defending against such claims and may not settle any matter without the prior written consent of ModelHire. If ModelHire chooses not to assume the defense, you agree to continue providing cooperation and assistance reasonably requested by ModelHire.

10.3 Notification of Claims
You agree to promptly notify ModelHire of any claim or potential claim for which you may be required to indemnify ModelHire. Failure to promptly notify ModelHire may limit your indemnification obligations to the extent that delay in notification prejudices ModelHire’s ability to defend the claim.

10.4 Indemnity Obligations Surviving Termination
Your indemnification obligations will survive the termination of your account and your use of the Platform. Even if you stop using ModelHire or your account is suspended or terminated, your responsibility to indemnify ModelHire for any issues arising from your prior use remains in effect.

11. Dispute Resolution

At ModelHire, we are committed to providing a fair and efficient process for resolving any disputes that may arise in connection with your use of the Platform. This section outlines the steps for dispute resolution, including informal resolution, binding arbitration, and limitations on legal actions.

11.1 Informal Dispute Resolution
If you have a dispute or concern regarding ModelHire or its services, we encourage you to first contact our support team at [email protected]. Most issues can be resolved quickly and effectively through open communication. Our team will review your concerns and work with you to reach a satisfactory resolution.

11.2 Binding Arbitration
If a dispute cannot be resolved informally, you agree to resolve any claims or disputes through binding arbitration rather than in a court of law, with the exception of claims that qualify for small claims court. Arbitration is a more informal process that uses a neutral arbitrator instead of a judge or jury.

• Arbitration Agreement: By agreeing to these Terms, you and ModelHire both agree to submit any disputes, claims, or controversies related to these Terms or the use of the Platform to final and binding arbitration, to be conducted by a recognized arbitration association such as the American Arbitration Association (AAA).
• Arbitration Procedure: The arbitration will be conducted in accordance with the applicable rules of the AAA. The arbitration may be held remotely, unless both parties agree otherwise, or in New York State if an in-person arbitration is requested.
• Arbitration Costs: Each party is responsible for its own attorneys’ fees and costs. The costs of the arbitration process will be shared as determined by the AAA or as agreed upon by both parties. ModelHire may reimburse your filing fees if the arbitrator finds that your claim is not frivolous.

11.3 Class Action Waiver
All claims and disputes must be arbitrated or litigated on an individual basis. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, collective, or representative action. You expressly waive any right to participate in class actions, class arbitrations, or any other representative proceedings.

11.4 Exceptions to Arbitration
While binding arbitration is the primary means of resolving disputes, there are exceptions where you or ModelHire may seek relief in a court of law:

• Small Claims Court: Either party may bring a claim in small claims court for disputes or claims within the jurisdictional limits of small claims court.
• Injunctive Relief: ModelHire may seek injunctive or other equitable relief in court to protect its intellectual property rights, confidential information, or to prevent unauthorized use of the Platform.

11.5 Governing Law and Venue
These Terms and any dispute or claim arising out of or in connection with them, including arbitration proceedings, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. For any actions or proceedings not subject to arbitration, the exclusive jurisdiction and venue shall be the state or federal courts located in New York.

11.6 Time Limit to File Claims
To the fullest extent permitted by applicable law, any claim or dispute arising out of these Terms or your use of the Platform must be filed within one (1) year from the date the claim arose. If a claim is not filed within this period, it will be permanently barred.

11.7 Severability
If any portion of this Dispute Resolution section is found to be unenforceable or invalid, the remainder of this section shall continue in full force and effect. However, if the class action waiver is found to be unenforceable, this entire Dispute Resolution section shall be null and void.

12. Additional Provisions

This section contains additional legal provisions to ensure clarity, completeness, and enforceability of the ModelHire Terms of Use.

12.1 Entire Agreement
These Terms, along with ModelHire’s Privacy Policy and any other policies or documents expressly incorporated by reference, constitute the entire agreement between you and ModelHire concerning your use of the Platform. This agreement supersedes any prior agreements, understandings, or arrangements, whether written or oral, between you and ModelHire regarding your use of the Platform.

12.2 Severability
If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in full force and effect.

12.3 Waiver
ModelHire’s failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of ModelHire.

12.4 Assignment
You may not assign, transfer, or delegate any rights or obligations under these Terms without the prior written consent of ModelHire. ModelHire reserves the right to assign or transfer its rights and obligations under these Terms without restriction and without providing notice to users. These Terms will be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

12.5 Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, or franchise relationship between you and ModelHire. You are solely an independent user of the Platform.

12.6 Headings
The headings in these Terms are for convenience only and have no legal or contractual effect.

12.7 Notices
ModelHire may provide notices to users via email, postal mail, or by posting on the Platform. Notices sent by email will be effective immediately upon sending. Users are responsible for providing ModelHire with accurate and up-to-date contact information.

12.8 Force Majeure
ModelHire shall not be liable for any delay or failure to perform its obligations under these Terms if the delay or failure is due to unforeseen events beyond its reasonable control, such as acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor strikes, internet disruptions, or other extraordinary circumstances.

12.9 Survival of Terms
All provisions of these Terms that by their nature should survive termination of your account or your use of the Platform shall survive, including but not limited to provisions regarding intellectual property rights, indemnification, disclaimers, limitations of liability, dispute resolution, and additional provisions.

12.10 Contact Information
If you have any questions about these Terms or need to reach ModelHire for any reason, please contact us at [email protected].