General Terms and Conditions of Use

These conditions regulate the general terms and conditions of use, access and registration on the website https://www.shakersworks.com/ (hereinafter, the "Terms of Use" and the "Website", respectively), owned by SHAKERS GLOBAL SOLUTIONS S.L. (hereinafter, "Shakers") by any natural or legal person (hereinafter, "User" or "Users").

Shakers offers a series of services related to the contact between freelancers and their clients. Both may request the provision of the services offered by Shakers, registering on the Website through the specific registration forms indicated in Condition II REGISTRATION PROCEDURE ON THE WEBSITE.

Hereinafter, freelancers and their clients, duly registered on the Website, shall be referred to respectively as "Talent" or "Talents" and as "Client" or "Clients").

By accepting these Terms of Use, the User expressly agrees to be bound to the full extent and scope of these Terms of Use, without exception to any of its provisions.

Shakers reserves the unilateral right to modify the Terms of Use included in this document. Consequently, the User should periodically read the Terms of Use, as well as the Privacy Policy, to know its variations, which will only be notified to the User if they involve substantial modifications or when so provided by law.

IDENTIFICATION OF THE OWNER OF THE WEBSITE

Owner: SHAKERS GLOBAL SOLUTIONS S.L.

Registered office: :Calle Velázquez, 135, 1Dcha, 28006 - Madrid (MADRID).

Registration data: Madrid Mercantile Registry, Volume 38315, Folio 110, Section 8, Page M-681728.

TAX ID: B-88235130

E-mail: go@shakersworks.com

1. ACCESS AND CONDITIONS OF USE OF THE WEB SITE

The User may browse and view the content available on the Website freely and free of charge. By browsing, using, or viewing the contents of the Website, the User declares that he/she is over (18) years of age, or, failing that, that he/she has the due authorization of his/her legal guardians.

Access and registration to the Web Site is free of charge for the Users of the same.

The User may register on the Website as a Talent or as a Client, and subsequently request the provision of the services offered by Shakers. These services are reserved for Clients and Talents and may not be used by intermediaries or recruitment professionals acting on behalf of an end client. In the event of non-compliance with these access rules, in order to put an end to the unfair competition originated, Shakers reserves the right to limit access to the services offered through the Website, in particular by reducing the possibility to contact the Talents through the platform or to use the functionalities of the private area. Without prejudice to the rules of use of the Website contained in these Terms of Use, this limitation of the possibilities of use of the platform is not the subject of specific information, in order to avoid that, through a new registered User profile, the violation of the Terms of Use is repeated.

1.1. Rules for use of the Website

Access to or use of the Website for illegal or unauthorized purposes, whether for profit or not, is not permitted and, therefore, its consequences shall be the sole responsibility of the unregistered User, as well as of the Talent or the Client. In particular, and without the following list being limiting in nature, it is prohibited:

1.Use the Web Site in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;

Use the Web Site for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;

3.Use the Web Site to collect personal data of other Users; 4;

Use the Web Site in an illegal manner, against good faith, morality and public order;

Register through the Website under a false identity, impersonating third parties or using a profile or performing any other action that may mislead Users, Talent or Clients of Shakers about the identity of the Talent and/or the Client;

Unauthorized access to any section of the Website, other systems or networks connected to the Website, Shakers' servers or services offered through the Website by hacking or forgery, password mining or any other illegitimate means;

7.Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to the Website, or the security or protection measures inherent in the content offered on the Website;

8.Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website in the systems or networks of Shakrs, as well as in the systems and networks connected to the Website;

Impede the normal development of a service, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access or operation of the same, or by falsifying the result of the same and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes these Terms of Use.

1.2. Duration

The condition of User shall be attributed to any person who browses and views the content offered on the Website in an unlimited manner.

2. REGISTRATION PROCEDURE ON THE WEBSITE

Users registered through the following registration forms will have access to and be able to use the private area on the Website:

TALENT: https://app.shakersworks.com/login

CUSTOMER: https://app.shakersworks.com/login

The registration procedure may be carried out through the User's ID on LinkedIn through a link or banner available on the registration form. In this case, Shakers informs that the social network is managed by third parties, not having Shakers any responsibility for the processing of personal data of the User by the social network. In this sense, it is recommended that the User, before registering, review the terms and conditions, as well as the privacy policy of the social network available on its website, in order to understand how it will use the data from your LinkedIn account.

2.1 CustomerRegistration

Once the necessary and mandatory data has been correctly provided, as well as having accepted the Privacy Policy and these Terms of Use, the User registered as a Client will be able to access a private area.

Once inside the private area, the User will be able to access the information to contract the services offered by Shakers, expressly accepting the Terms of Subscription as a Client.

2.2. Acceptance of the application for registration as a Talent

Once correctly provided the necessary data and cataloged as mandatory, as well as having accepted the Privacy Policy, the application for registration as a Talent of the Website will be evaluated and validated by Shakers.

The acceptance of the application for registration as a Talent shall not give rise to or be construed as having given rise to the formation of a partnership or an employment relationship between Shakers and the Talent.

Upon acceptance of the registration request, the User registered as a Talent may access a private area. Once inside the private area, the User may access the information to contract the services offered by Shakers, expressly accepting the Terms of Subscription as a Talent.

Financial Transactions:

- Bank transfers made by Shakers e requires that the bank accounts provided by the Talents (freeworkers) to receive payments for the projects are from the European Union (EU).

- In the event that a Talent has a bank account outside the EU, additional charges for transaction costs will be borne entirely by the freeworker.

These functionalities are designed to facilitate collaboration between Talents and Clients, as well as to ensure the integrity and transparency of financial transactions within the Shakers platform.

2.3. General conditions applicable to all registered Users

Upon registration, the User will receive a unique number for identification purposes.

The registered User assumes that the password and account required to access the private area as Talent or Client are personal and non-transferable.

The registered User may change his/her password at any time, using the tools made available by Shakers.

The registered User agrees to make diligent use of your password and keep it secret, and may not transmit it to any third party. Consequently, Users shall be responsible for the proper custody and confidentiality of any identifiers and/or passwords that they have selected as registered Users, and agree not to transfer its use to third parties, whether temporary or permanent, or allow third parties to access their account. The User shall be responsible for the lawful use of his/her account, and shall be liable for any damage caused by a third party who accesses his/her account using his/her access credentials.

By virtue of the foregoing, it is the obligation of the User to immediately notify Shakers about any fact that allows the misuse of the identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. Until such facts are communicated, the Shakers shall be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.

2.4 Duration

Access as a registered User will begin once the data required for registration has been entered, after acceptance of thePrivacy Policy and these Terms of Use.

The access as a User will remain valid for an unlimited period of time until the User notifies Shakers of its cancellation as a registered User to the following email: go@shakersworks.com

3. FUNCTIONALITIES OF THE PRIVATE AREA

Once obtained access to the private area, the User will be able to view and access certain content offered by Shakers, which allow.

1.view, free of charge, the content available on the Website;

2.register on the Website as a Talent or Client in order to contract the services offered by Shakers. These services, among others, are:

a.a.a relationship between Talents and Clients;

b. A provision of a private area for the Client through which he/she can publish one or more projects, for which the Client needs to hire one or more Talents;

c. A customized interface that allows its collaborative use by several registered Users.

d. An artificial intelligence service that evaluates and selects Talent profiles, based on the projects published by the Client. The profiles will be recommended to the Client so that the Client can choose one or more Talents to provide their services within the framework of the published project;

e. The collection of documents required from the Talents in the framework of the contractual relationship with the Client and their provision to the Client.

f. The preparation and provision to Clients and Talents of the documentation to be validated by them and which (i) regulates the contractual relationship between the Client and the Talent and (ii) establishes the terms and conditions for the development of the project.

g. The preparation and issuance of invoices for the services provided to the Client by Talent;

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

The User acknowledges and agrees that Shakers is the exclusive owner of the intellectual property rights, industrial, or otherwise relating to the Website. This includes, among others, the rights of reproduction, distribution, public communication, making available and transformation of the Website and any of its elements, including the source code, object code, technical documentation, user manual, etc., as well as any other element related or derived from them.

By accepting these Terms of Use, no intellectual, industrial, or any other type of property rights related to the Website shall be understood to have been assigned in favor of the User, beyond the right to use the Website under the terms set forth herein.

In accordance with the above, the User agrees not to:

Duplicate, reproduce, sell, rent, lease, license, distribute, or in any other way use the software of the Website for a use other than that expressly authorized in these Terms of Use;

Decompile, modify, reformat, translate, reverse engineer, disassemble, or access in any other way the source code of the software of the Web Site without prejudice that the applicable legislation expressly permits such activities regardless of the existence of an agreement or authorization to the contrary with the User;

Divide or fragment the Website into different parts or modules for independent use;

Alter or eliminate any notices related to intellectual, industrial property rights, or of any other nature that were included in the software;

Infringe the intellectual, industrial, or any other type of property rights that Shakers holds on the Website;

Develop computer programs, applications, or computer products of any other nature that fulfill a similar function to that of the Partner area provided that such development is based on Shakers' intellectual property assets or knowledge acquired as a result of the existing contractual relationship with the User;

In order to allow Shakers to perform an effective control and defense of its intellectual property rights, Shakers may collect information, as well as any other data that may be relevant in order to verify the effective use of the Website.

In this sense, the User expressly authorizes Shakers to use the information collected during the use of the Website as effective evidence of the use of the same in any type of cause and procedure of any nature, whether against the User or against any third party.

5. LINKS TO OTHER WEB PAGES

In the event that the Website shows links to other websites through different buttons, links, banners or embedded content, Shakers informs that these are managed by third parties, not having Shakers neither human nor technical means to know in advance and/or control and/or approve all the information, content or services provided by other platforms to which links can be established from the Website.

Consequently, Shakers cannot assume any responsibility for any aspect related to the website to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this sense, if Users have actual knowledge that the activities carried out through these third party websites are illegal or contravene morality and / or public order, they must immediately notify Shakers for the purpose of proceeding to disable the link to access them, an action that will be carried out in the shortest possible time.

In any case, the establishment of any link from the Website to another website does not imply that there is any relationship, collaboration or dependence between SHAKERS and the owner of such external website.

6. LIMITATION OF LIABILITY

The User exonerates Shakers from any liability that may arise from interruptions in availability or malfunctions of the Website, due to failures in the same.

Also, Shakers will not be responsible for the content that Users have uploaded to the Website.

7. SUSPENSION AND TERMINATION

The breach of any of the above obligations by the User may lead to the adoption by Shakers of appropriate measures protected by law and in the exercise of their rights or obligations, and may lead to the deletion or blocking of the account of the offending User, without the possibility of any compensation for damages caused.

Shakers reserves the right to alter, modify or suspend any feature of the Website.

8. CONTENT

Shakers does not guarantee the legality, reliability or usefulness of the content provided by third parties through the Website. If the User becomes aware of the existence of any content that is unlawful, illegal, contrary to law, or that could infringe the rights of third parties, he/she must immediately notify Shakers so that it can proceed to the adoption of appropriate measures.

9. PRIVACY AND DATA PROTECTION

In accordance with the provisions of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, all personal data collected during the use of the Website will be treated in accordance with the provisions of thePrivacy Policy, which every User must expressly accept in case of providing personal data through the private area.

10. CONTACT

SHAKERS offers the User the following contact form and the following email address go@shakersworks.com in order to provide support and assistance, as well as to receive any comments or concerns of the User, both during the process of contracting services as a posteriori.

In addition, it should be remembered that the User has the contact details of Shakers reflected in section I of these Terms of Use.

11.GENERAL

The headings of the various clauses are for information purposes only, and shall not affect, qualify or expand the interpretation of these Terms of Use. Also, Shakers may modify the Terms of Use stipulated herein, in whole or in part, by publishing any change in the same form in which these Terms appear or through any type of communication addressed to the Users.

The temporary validity of these Terms of Use coincides, therefore, with the time of its exposure, until it is modified in whole or in part, at which time the new modified Terms will become effective.

Shakers may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility for the User to claim any compensation. After such termination, the prohibitions of use of the contents set forth above in these Terms of Use shall remain in force.

In the event that any provision of these Terms of Use is declared void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity shall not affect the remaining provisions of these Terms of Use.

The failure of Shakers to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by Shakers.

These Terms of Use shall be retained in electronic form by Shakers and shall be permanently available to the User.

The User and Shakers will formalize the contract in the Spanish language being this the language of interpretation of these Terms of Use.

If after completing all the necessary procedures to navigate and access the Website and perfect these Terms of Use, the User identifies any error when entering their data should contact Shakers through the contact form or email address. The latter will provide the necessary support and correct, if necessary, the errors identified.

Unless otherwise stated in these Terms of Use, notifications between the User and Shakers must be made in writing by email or by sending a registered letter to the corresponding addresses. For these purposes, the contact details of Shakers shall be those set out in these Terms of Use and the contact details of the User shall be those set out on the Website.

12. APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by Spanish law.

Any dispute that may arise between the Parties in connection with these Terms of Use, the Parties agree to submit, expressly waiving any other jurisdiction that may correspond to them, to the Courts and Tribunals of the city of Madrid.

SHAKERS GLOBAL SOLUTIONS, S.L.

Last update: December 28, 2021.

General conditions of use