The Lifted Terms of Service is comprised of the following agreements:

• User Agreement

• Privacy Policy

• Cookie Policy

• Digital Accessibility Statement

• Nondiscrimination Statement

User Agreement

This is important:  This User Agreement (“Agreement”) contains important information about your legal rights, remedies, and obligations, and is a legally binding agreement between you (“you” or “User”) and Lifted Solutions LLC d/b/a Lifted, an Upwork Company (“Lifted,” “we”, or “us”), governing your use of LIfted’s Site and Site Services, including any Services provided by Lifted’s affiliates or subsidiaries including, without limitation, Ascen, Inc. and any successors (collectively, “Services”). You understand that by using the Lifted Site or Site Services (which generally means using in any way go-lifted.com or our applications), and by clicking accept when prompted on the Site, you agree to be bound by all agreements which constitute Lifted’s Terms of Service, and you agree that the “Terms of Service” means every agreement linked herein and includes the Privacy Policy, Cookie Policy, Global Data Processing Agreement, Digital Services Act, API Terms of Use, Digital Accessibility Statement, Nondiscrimination Statement and this User Agreement, including Section 14 which contains an arbitration agreement and class action waiver that applies to claims brought against Lifted in the United States. You have an opportunity to opt out of arbitration as provided in Section 14. You should read all of our terms carefully because you are promising not to break any agreements in the Terms of Service.

If you want to use any of our Services, whether just by looking around or by registering an account, you must first read and agree to this Agreement (including the dispute resolution and arbitration provisions in Section 14). If you don’t understand this Agreement or you don’t agree to all of its terms and conditions, you may not use our Services. If you do not understand or agree to this Agreement, do not click to accept this Agreement, “Sign Up”, “Create My Account”, or similar, and do not visit go-lifted.com, use our mobile applications, or otherwise use our Services. If you are using our Services on behalf of a business or legal entity, you may only do so if you have authority to agree to the Terms of Service on behalf of that business or legal entity.

To make these terms a little easier to understand, we capitalize certain terms and capitalizing them means they have a special meaning. Section 16 provides the definitions of some capitalized terms and others are defined throughout the Terms of Service (look for quotation marks and bold font).

Italicized paragraphs provide a simple summary for each section. We wrote these to help you get a quick overview, but you'll need to read the sections completely to get all the details of what you're agreeing to.

1. LIFTED ACCOUNTS

How you can register for an Lifted account and the different types of accounts that you can have.

1.1 REGISTRATION

You must register for an account to access some of our Services, and your registration is subject to our approval.

You must register for an account with us (“Account”) to access and use certain of our Services. Registered users of our Services are “Users”, and unregistered users are “Site Visitors”.

Your Account registration is subject to approval by Lifted. We reserve the right to decline a registration either to join Lifted or to add an Account of any type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

1.2 ACCOUNT ELIGIBILITY

You promise to use our Services for business or professional purposes only, and only in ways that are legal. You also promise that you are eligible to enter into this Agreement, including because you are 18 years or older.

Lifted offers the Services for your business or professional purposes only and not for personal or consumer use. By registering for an Account or by using our Services, you represent that you are providing only truthful information regarding, among other attributes, your identity, location, skills, education, background, and ability to perform work on either an independent or employed basis. You further represent that you: (a) are at least 18 years old (or the age of majority in your country if the age of majority is over 18) and that you can form legally binding contracts; (b) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, if you seek to engage in work arrangements other than employment; and (c) will comply with any and all applicable local, state, federal and/or international laws, regulations, and/or conventions in using our Site and Services. 

1.3 ACCOUNT PROFILE

You must provide accurate personal information when you sign up and you must update your account if your personal information changes. You promise to register for only one Account. We can suspend or terminate your account if the information you give us is false, outdated, or incomplete.

To register for an Account to use our Services, you may complete a User profile (“Profile”), which you consent to be shown to other Users and prospective clients, unless you change your privacy settings, to be shown to the public. You agree to provide accurate and complete information on your Profile—and on all registration and other forms you access while using our Services or provide to us—and you agree to keep that information current. You agree not to provide any false or misleading information about your identity or location, your business, the beneficial owner(s) of your business, your skills, or the services your business provides, and you agree to correct any information that is or becomes false or misleading. You agree that you will not register and have not registered for any other Account unless you have received explicit written permission to do so from us. We reserve the right to suspend or terminate the Account, or access to our Services, of anyone who provides false, inaccurate, or incomplete information in creating, marketing, or maintaining a Profile or an Account.

1.4 ACCOUNT PERMISSIONS

You are responsible for all activity on your Account.

You agree not to request or allow another person to create an Account for you, your use, or your benefit. When an Account is closed, Lifted and its Affiliates may close any related or associated Accounts as well.

1.5 IDENTITY AND LOCATION VERIFICATION

You will allow us to verify your identity, location, and business affiliations from time to time.

When you register for an Account and periodically thereafter, your Account will be subject to various forms of verification, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Lifted. You authorize Lifted, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your business, email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes providing official government or legal documents, and cooperating with other reasonable requests we make to verify your identity. During verification some Account features may be temporarily limited but will be restored if verification is successfully completed.

1.6 USERNAMES AND PASSWORDS

You will keep your username and password secret and will not share them, and you will not use anyone else’s username and password.

Each person who uses our Services must register for their own Account with a username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share your username or password with anyone. You are responsible for safeguarding your username and password and for any use of our Services with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password. You further agree not to use the Account or log in with the username and password of another User. 

2. PURPOSE OF LIFTED

What we do and do not do when providing our Services and some of your responsibilities when using our Services.

The Lifted Site and Services exist and are designed to serve clients in their various contingent workforce needs by connecting such clients with Users to enable them to work together, and to enable Users to create accounts and be considered for these work opportunities. Subject to the Terms of Service, Lifted provides the Services to Users, including hosting and maintaining the Lifted Site, facilitating contingency workforce staffing, and offering contingent workforce opportunities to Users. 

2.1 RELATIONSHIP WITH LIFTED

We offer a Site on which Users may make their information available to potential employers and clients seeking professional services. You are solely responsible for your content published to Lifted and for adhering to your agreements with employers and clients. Lifted cannot and does not promise that you will find work by using our Site or creating a Profile.

Lifted offers a Site on which Users may create Accounts and Profiles that enable them to engage in employed and/or independent professional work. 

Except for providing the Site and opportunity to create a Profile, your relationship with Lifted will be determined by and limited to the specific terms of any individual and unique contract into which you enter to perform work. You understand and agree that such contracts may contain terms that differ from the terms found in this Agreement, and the specific terms of any such contract will in all cases supersede conflicting terms found in this Agreement.

By creating an account on Lifted, Users are not guaranteed any particular work opportunity or any work opportunity at all. You understand and agree that any time you spend on the Site, including but not limited to completing or updating your Profile, communicating with Lifted or client representatives on matters unrelated to the work you may be performing pursuant to one or more contracts, or seeking new work opportunities, is unrelated to any compensated work you may otherwise perform in connection with the Services, is uncompensated, and is done solely in your capacity as an independent professional.  

Nothing in this Agreement is intended to or does prohibit or discourage any User from engaging in any other business activities or providing any services through any other channels they choose outside of those provided by Lifted and its Affiliates, provided, if applicable, Users comply with the Opt Out provisions contained in their applicable contracts. Users are free at all times to engage in such other business activities and services and are encouraged to do so.

As part of our constant effort to improve our Services for our customers, we may test or otherwise temporarily offer certain features and beta tools for your use. We will generally flag on the Site or in related customer forums when a particular tool is being tested and how the feature works, but we do not guarantee that the Site, or any of its tools or features, will be available at any given time. 

2.3 FEEDBACK AND USER CONTENT

Users publish and ask Lifted to publish information and feedback on the Site. We are not responsible for that content, and your publication or use of it is at your own risk.

You acknowledge and agree that Users and/or clients may publish and request Lifted to publish on their behalf information on the Site such as feedback, composite feedback, or geographical location. Such information is based on data that Users or clients voluntarily submit to Lifted and does not constitute an introduction, endorsement, or recommendation by Lifted. You agree that Lifted is not responsible for verifying such information and provides it solely for the convenience of Users, but providing false or misleading information violates this Agreement and may result in revocation of your access to use the Site Services.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Lifted generally does not review or monitor User Content. You agree that we are not responsible for User Content. We cannot always prevent the misuse of our Services, and you agree that we are not responsible for any such misuse. Lifted reserves the right (but is under no obligation) to remove posted feedback or information that Lifted determines violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Lifted.

3. CONTRACTUAL RELATIONSHIP BETWEEN USERS

This section discusses the relationships you may decide to enter into with a client, including employment relationships or contracts to provide independent services.

3.1 CONTRACTS

Users, and in some cases, Lifted, are responsible for deciding whether to enter into agreements with clients and for determining if the terms of those agreements are suitable. 

As provided in Section 2.1 above, if a client and/or Lifted and a User decide to enter into a contract, the terms of that contract will fully determine: (a) the identity of the parties to that specific contract; (b) the nature and extent of the work relationship between the parties; (c) the method of addressing any disputes relating to the performance of work under the contract that may arise during or after the term of the Contract, and (d) any other relevant considerations that may apply in the context of the contract.  

4. WORKER CLASSIFICATION

Clients, and in some cases Lifted, are responsible for deciding whether to engage Freelancers as employees or independent contractors.

You agree that using the Site or Services does not in any way create a work relationship between you and Lifted or you and any Lifted Client. If you enter into one or more contracts through your use of Lifted’s Site or Services, you understand and agree that the nature of your work relationship will be specified under the terms of each contract. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Lifted and a User.

5. NON-CIRCUMVENTION

You agree to communicate through the Site and make and receive payments only through the Site for two years from the date you first identify or meet your Client or Freelancer on the Site, unless you pay a Conversion Fee. Violations of this Section constitute a serious breach and may result in permanent suspension of your Account.

5.1 COMMUNICATING THROUGH THE SITE; NOT SHARING CONTACT DETAILS

Prior to entering into a contract, you agree to communicate with other Users and clients exclusively through Lifted.

The provisions of this Section 7.2 apply to any interaction between Users and clients and do not apply to interactions between and among Users that are governed or protected by laws or regulations such as Directive (EU) 2024/2831 or similar legislation that may apply elsewhere.   

For Users subject to this Section 5.1, Users agree to use the communication services available on the Site to communicate with other Users or clients prior to entering into a contract. You agree that prior to entering into a contract, you (a) will use Lifted as the sole manner to communicate with other Users or clients; (b) will not provide your Means of Direct Contact (defined below) to any other User or client or another person that you identified or were identified by through the Site; (c) will not use Means of Direct Contact of another User or client to attempt to or to communicate with, solicit, contact, or find the contact information of a User outside of Lifted; (d) will not ask for, provide, or attempt to identify through public means the contact information of another User or client; and (e) will not include any Means of Direct Contact or means by which your contact information could be discovered in any profile, proposal, job posting, invitation, or pre-hire communication through the Site’s communications services (including in each case in any attached file), except as otherwise provided on the Site.

For purposes of the Terms of Service, “Means of Direct Contact” means any information that would allow another person to contact you directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant management system or means to submit a proposal or application outside of the Site, or any information that would enable a User or client to contact you on social media or other website or platform or application that includes a communications tool, such as Skype, Slack, Wechat, or Facebook. Information is a Means of Direct Contact if it would enable another user to identify any of the information above through other sources, such as going to a website that included an email address or identifying you through social media.

You acknowledge and agree that a violation of this Section 7.2 is a material breach of the Terms of Service and your Account may be permanently suspended for such violations.

6. RECORDS OF COMPLIANCE

You agree to make and keep all required records.

You are solely responsible for creation, storage, and backup of your business records. You agree that Lifted has no obligation to store, maintain or provide you a copy of any content or information that you provide, except to the extent required by applicable law.

7. WARRANTY DISCLAIMER

We are not responsible for the quality, safety, or reliability of our Services.

Lifted and its affiliates make no representation or warranty about the Services, including that the Services will be uninterrupted or error-free, and provide the Services (including content and information) on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Lifted and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose. Lifted cannot and does not guarantee that Users will find and engage in work relationships as a result of creating a Profile and/or using the Site or Services.

8. LIMITATION OF LIABILITY

Any liability we may have to you is limited.

Lifted is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to: (i) your use of or your inability to use our Site or Site Services; (ii) delays or disruptions in our Site or Site Services; (iii) viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services; (iv) glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services; (v) damage to your hardware device from the use of the Site or Site Services; (vi) the content, actions, or inactions of third parties’ use of the Site or Site Services; (vii) a suspension or other action taken with respect to your Account; (viii) your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Site; and (ix) your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.

Additionally, in no event will Lifted, our affiliates, our licensors, or our third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. The liability of Lifted, our affiliates, our licensors, and our third-party service providers to any User for any claim arising out of or in connection with this Agreement or the other Terms of Service will not exceed the lesser of: (a) $2,500 or (b) any fees retained by Lifted with respect to contracts on which User was involved and only to the extent User’s activities contributed to those fees during the six-month period preceding the date of the claim.

These limitations will apply to any liability, arising from any cause of action whatsoever arising out of or in connection with this Agreement or the other Terms of Service, whether in contract, tort (including negligence), strict liability, or otherwise, even if Lifted has been advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose. Some states and jurisdictions do not allow for all of the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to you.

9. RELEASE

You agree not to hold us responsible for any dispute you may have with another User or client.

In recognition of the fact that Lifted is not a party to any contract between Users and clients except as otherwise explicitly specified by the terms of one or more contracts to which you may be a party, you hereby release Lifted, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User or client, whether it be at law or in equity that exist as of the time you enter into this Agreement. To the extent applicable, you hereby waive the protections of California Civil Code § 1542 (and any analogous law in any other applicable jurisdiction) which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

This release will not apply to a claim that Lifted failed to meet our obligations under the Terms of Service.

10. INDEMNIFICATION

If you do something using our Site or Services that gets us sued or fined, you agree to cover our costs or losses as described below.

You will indemnify, defend, and hold harmless Lifted, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) your or your agents’ use of the Services, including any payment obligations or default (described in Section 6.4 (Non-Payment or Default)) incurred through use of the Services; (b) any Work Product or User Content related to your use of the Services; (c) any contract entered into by you or your agents, including, but not limited to, any employment-related claims; (d) your or your agents’ failure to comply with the Terms of Service; (e) you or your agents’ failure to comply with applicable law; (f) negligence, willful misconduct, or fraud by you or your agents; and (g) you or your agents’ violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights. For purposes of this Section 12, your agents include any person who has apparent authority to access or use your account demonstrated by using your username and password.

“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.

“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.

11. AGREEMENT TERM AND TERMINATION

This section discusses when and how long this Agreement will last, when and how either you or Lifted can end this Agreement, and what happens if either of us ends the Agreement.

11.1 TERMINATION

You and Lifted both have the right to end this Agreement, but certain rights and obligations will survive after this Agreement ends.

Unless both you and Lifted expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided in this Agreement. You may provide written notice to legalnotices@go-lifted.com. In the event you properly terminate this Agreement, your right to use the Services is automatically revoked, and your Account will be closed.

You agree that Lifted is not a party to any contract between Users and clients unless explicitly specified otherwise under the terms of one or more contracts. Consequently, you understand and acknowledge that termination of this Agreement (or attempt to terminate this Agreement) may, but does not necessarily or automatically, terminate or otherwise impact any contract entered into between Users and clients. If you attempt to terminate this Agreement while having one or more open Projects, you agree that (a) you thereby instruct Lifted that it may close any open contracts; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such Projects have closed on the Site and your access to the Site has been terminated; (c) Lifted will continue to perform those Services necessary to complete any open transaction between you and another User or client; and (d) you will continue to be obligated to return any Lifted, Lifted Affiliate, Lifted vendor, or client property provided in relation to one or more contracts.

Without limiting Lifted’s other rights or remedies, we may revoke or limit access to the Site or Services, deny your registration, or revoke your access to the Site and refuse to provide any or all Services to you if: (i) you breach any terms and conditions of this Agreement or any portion of the Terms of Service; (ii) we have reasonable reason to believe that you have provided false or misleading information to us; (iii) we conclude that your actions may cause legal liability for you or others; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or re-register for a new Account without Lifted’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law. 

You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of Users’ Account status to all Users, including you and other Users who have entered into contracts with you. You therefore agree that: if Lifted decides to temporarily or permanently close your account, Lifted has the right (but no obligation) where allowed by law to: (y) notify other users that have entered into contracts with you of your closed account status, and (z) provide those users with a summary of the reasons for your account closure. You agree that Lifted will have no liability arising from or relating to any notice that it may or may not provide to any user regarding closed account status or the reason(s) for the closure. If we believe you have engaged in illicit or illegal activity harmful to Lifted, its clients, or its other Users, we may, at our sole discretion, provide details of your engagement, Profile, or User Account to relevant law enforcement officials and/or to any third-party vendors with which Lifted may engage in order to provide the Site and/or Services.

11.2 ACCOUNT DATA ON CLOSURE

Except as otherwise required by law, if your Account is closed, you will no longer have access to information or material you kept on the Site and any content stored in your Account may be deleted, for which Lifted expressly disclaims liability. Lifted may retain some or all of your Account information as permitted or required by law and the Privacy Policy.

11.3 SURVIVAL

After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions related to arbitration, audits, intellectual property, non-circumvention, indemnification, fees, reimbursements, and limitations of liability each contemplate performance or observance after this Agreement terminates. The termination of this Agreement for any reason will not release you or Lifted from any obligations incurred prior to termination of this Agreement or other parts of the Terms of Service or that may accrue related to any act or omission prior to such termination.

12. DISPUTES BETWEEN YOU AND LIFTED

Section 12 discusses your agreement with Lifted and our agreement with you about how we will resolve any disputes between us, including that we will both first try to resolve any dispute informally and, if you are in the United States, that we both agree to use arbitration instead of going to court or using a jury if we can’t resolve the dispute informally.

Please read the following paragraphs carefully because they require you and us to agree to resolve most all disputes between you and us through binding individual arbitration.

12.1 DISPUTE PROCESS, ARBITRATION, AND SCOPE

If a dispute arises between you and Lifted or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, unless you opt out as provided in Section 14.4.4 below, you, Lifted, and our Affiliates agree to resolve any and all claims, disputes, or controversies that arise at any time through binding arbitration on an individual basis in accordance with this Section 14 (sometimes referred to as the "Arbitration Provision"). This includes any and all claims that arise out of or relate to this Agreement, the other Terms of Service, your relationship with Lifted (including without limitation any claimed employment with Lifted or one of our Affiliates or successors), the termination of your relationship with Lifted, or the Services (each a “Claim” and collectively, “Claims”).

Claims that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Public Law 117-90), or by generally applicable law are excluded from the coverage of this Arbitration Provision.

By agreeing to arbitrate disputes under this Agreement, THE PARTIES ARE EXPRESSLY GIVING UP ANY AND ALL RIGHTS TO A JURY TRIAL OR COURT TRIAL BEFORE A JUDGE. The parties instead elect to have Claims resolved by arbitration. The arbitrator’s decision shall be final and binding on the parties, subject to review on the grounds set forth in the Federal Arbitration Act (“FAA”)).

12.2 CHOICE OF LAW

This Agreement, the Site Terms of Use, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions; provided, however, that any Claims made by any Freelancer located within the United States will be governed by the law of the state in which such Freelancer resided at the time the dispute arose.

However, notwithstanding the foregoing sentence, this Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).

12.3 INFORMAL DISPUTE RESOLUTION

Before serving a demand for arbitration of a Claim, you and Lifted agree to first notify each other of the Claim. You agree to notify Lifted of the Claim by email to legalnotices@go-lifted.com, and Lifted agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and Lifted then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or Lifted, as applicable, may evaluate the Claim and attempt to informally resolve it. Both you and Lifted will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim and avoid the need for further action.

12.4 BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER (DOES NOT APPLY TO USERS LOCATED OUTSIDE THE UNITED STATES AND ITS TERRITORIES)

This Arbitration Provision applies to all Users located in or who reside in the United States and its territories.

In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, Lifted, and our Affiliates agree to resolve the Claim by final and binding individual arbitration before an arbitrator from JAMS, instead of a court or jury. JAMS may be contacted at www.jamsadr.com.

12.4.1 SCOPE OF ARBITRATION AGREEMENT AND CONDUCT OF ARBITRATION

This Arbitration Provision applies to any Claim (defined above) the parties may have, whether based on past, present, or future events, and includes all claims and disputes that arose between the parties before the effective date of this Agreement, and survives after your relationship with Lifted ends. This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.

Except as otherwise provided in this Agreement, arbitration will be conducted in Santa Clara County, California in accordance with the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect. All arbitrations shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, any conflicting procedures in this Section notwithstanding. For purposes of Section 1(c) of the JAMS Mass Arbitration Procedures and Guidelines, a Mass Arbitration is defined as 10 or more similar demands for Arbitration. Claims by Freelancers that allege employment or worker classification disputes will be conducted in the state and within 25 miles of where Freelancer is located in accordance with the JAMS Employment Arbitration Rules and Procedures then in effect. The applicable JAMS arbitration rules may be found at www.jamsadr.com. Any dispute regarding the applicability of a particular set of JAMS rules shall be resolved exclusively by the arbitrator. Any party will have the right to appear at the arbitration by telephone and/or video rather than in person.

You and Lifted will follow the applicable JAMS rules with respect to filing or initial appearance and arbitration fees. The arbitrator shall follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.

This Arbitration Provision does not apply to litigation between Lifted and you that is or was already pending in a state or federal court or arbitration before the expiration of the opt-out period set forth in Section 14.4.4 below. Notwithstanding any other provision of this Agreement, no amendment to this Arbitration Provision will apply to any matter pending in an arbitration proceeding brought under this Section 14 unless all parties to that arbitration consent in writing to that amendment.

This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance, or unemployment insurance benefits.

Nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. This Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision. Nothing in this Arbitration Provision prevents or excuses a party from satisfying any conditions precedent or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Lifted will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.

12.4.2 INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION

This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. The parties agree that the arbitrator shall have exclusive jurisdiction to decide all disputes arising out of or relating to the arbitrability of a Claim or the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, breach, or validity of the Arbitration Provision or any portion of the Arbitration Provision, except as expressly provided below. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that, except as provided by the Class and Collective Waiver section below, the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, this Agreement, or any other part of the Terms of Service is void or voidable.

Nothing in this Section shall be interpreted to limit the authority or jurisdiction of a Process Administrator under the JAMS Mass Arbitration Procedures and Guidelines.

In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable, except as set forth in Section 14.4.3 below.

12.4.3 CLASS AND COLLECTIVE WAIVER

Private attorney general representative actions under the California Labor Code are not arbitrable, not within the scope of this Arbitration Provision and may be maintained in a court of law. However, this Arbitration Provision affects your ability to participate in class or collective actions. Both you and Lifted agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (“Class Action Waiver”). Notwithstanding any other provision of this Agreement or the JAMS rules, disputes regarding the enforceability, revocability, scope, validity, or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If there is a final judicial determination that all or part of the Class Action Waiver is unenforceable or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be considered null and void in its entirety and the class or collective action to that extent must be litigated in a civil court of competent jurisdiction. Other than as provided for by the JAMS Mass Arbitration Procedures and Guidelines, no arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You and Lifted agree that you will not be retaliated against as a result of your filing or participating in a class or collective action in any forum. However, Lifted may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.

12.4.4 RIGHT TO OPT OUT OF THE ARBITRATION PROVISION

You may opt out of the Arbitration Provision contained in this Section 14 by notifying Lifted in writing within 30 days of the date you first registered for the Site. To opt out, you must send a written notification to Lifted at Attn: Legal, 201 W 5th St, #1600, Austin TX, 78701 that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a statement indicating that you wish to opt out of the Arbitration Provision. Alternatively, you may send this written notification to legalnotices@go-lifted.com.

Opting out of this Arbitration Provision will not affect any other terms of this Agreement.

If you do not opt out as provided in this Section 14.4.4, continuing your relationship with Lifted constitutes mutual acceptance of the terms of this Arbitration Provision by you and Lifted. You have the right to consult with counsel of your choice concerning this Agreement and the Arbitration Provision.

12.4.5 Enforcement of this Arbitration Provision

This Arbitration Provision replaces all prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.

12.4.6 Hybrid Bellwether–Batch Process for Mass Arbitration

In the event that twenty-five (25) or more similar arbitration demands are filed against Lifted or our Affiliates by or with the assistance or coordination of the same law firm, group of law firms, or organization within any rolling ninety (90) day period (a “Mass Arbitration”), the following staged process will apply, notwithstanding any conflicting procedures in the JAMS Mass Arbitration Procedures and Guidelines (unless these JAMS Mass Arbitration Procedures and Guidelines provide for a less costly method of resolve Mass Arbitration claims), to the fullest extent permitted by applicable law:

(a) Initial Bellwether Proceedings

1. Selection of Bellwether Cases. The parties shall each select up to five (5) individual arbitration demands from the Mass Arbitration to proceed as “Bellwether Cases” (for a total of up to cases (10) cases).

2. Stay of Remaining Cases. All other arbitration demands within the Mass Arbitration shall be stayed and held in abeyance until the Bellwether Cases are fully resolved, including the completion of any permitted appeals or reconsiderations.

3. Mediation Window. Within thirty (30) days after the final resolution of all Bellwether Cases, the parties shall participate in a mediation or other agreed settlement process for at least sixty (60) days to attempt to resolve all remaining claims on a collective basis.

(b) Subsequent Batch Proceedings

1. Triggering Batch Process. If the parties are unable to resolve the remaining claims after the Mediation Window, those claims will be administered in batches.

2. Batch Size. Each batch shall consist of up to twenty-five (25) cases, with the parties alternating in selecting cases for each batch.

3. Consolidated Administration. To the fullest extent permitted by JAMS rules, each batch will be treated as a single set of proceedings for purposes of filing, administrative, and arbitrator fees, procedural calendars, hearings, and awards.

4. Sequential Resolution. Only one batch will be filed and resolved at a time. Once a batch is fully resolved (including any permitted appeals), the next batch will proceed until all remaining cases are resolved.

(c) Tolling & Coordination

1. Tolling of Deadlines. The statute of limitations and any applicable filing deadlines for all stayed arbitration demands shall be tolled from the date the first arbitration demand in the Mass Arbitration was filed until the conclusion of the applicable bellwether or batch process for those claims.

2. Coordination. The arbitration provider shall coordinate case management across Bellwether Cases and batches to ensure procedural efficiency and consistency.

3. No Waiver. Participation in the Bellwether and Batch process shall not be construed as a waiver of any right, defense, or claim, including any defense as to arbitrability.

4. Fallback Rule. If any portion of this Section 12.4.6 is held unenforceable, the applicable JAMS Mass Arbitration Procedures and Guidelines shall apply to the maximum extent permitted by law.

13. GENERAL

Additional terms of the agreement between you and Lifted, including that the Terms of Service contain our full agreement, how the agreement will be interpreted and applied, and your agreement not to access the Site from certain locations.

13.1 ENTIRE AGREEMENT

This Agreement, which may incorporate directly or by reference other related Terms or Policies including but not limited to our Privacy Policy, is the only agreement between you and us regarding the Services and supersedes all prior agreements for the Services and supersedes any prior agreements between us for actions occurring after the effective date of this Agreement. The only exception to this is a client or Enterprise Agreement or similar agreement for premium services executed by a duly authorized representative of Lifted (“Premium Agreement”), in which cases these Terms of Service are superseded to the extent stated in such Premium Agreement but otherwise survive; written email or letter communications or verbal agreements cannot constitute a Premium Agreement.

13.2 MODIFICATIONS; WAIVER

We may modify these terms and will provide you reasonable advance notice of substantial changes. 

Subject to the conditions set forth herein, Lifted may amend this Agreement and any of the other agreements that comprise the Terms of Service at any time by posting a revised version on the Site. Lifted will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Site and providing notice on the Site or by email. If the Substantial Change includes an increase to Fees charged by Lifted, Lifted will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees, any temporary or promotional Fee change, or changes that do not constitute a Substantial Change. Any revisions to the Terms of Service will take effect on the noted effective date. No modification or amendment to the Terms of Service will be binding upon Lifted unless they are agreed in a written instrument signed by a duly authorized representative of Lifted or posted on the Site by Lifted. Email will not constitute a written instrument as contemplated by this Section 15.2.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

13.3 ASSIGNABILITY

 You may not transfer any rights you have under our Terms of Service unless we give you approval

These Terms of Service and any rights or obligations hereunder may not be transferred or assigned by you unless you follow the provisions in this Section.

In order to assign the Terms of Service or your Account to a successor after an acquisition of your company or substantially all of your assets, a merger, or another change in majority ownership of your company, you must provide written notice to Lifted Attn: Legal,201 W 5th St, #1600, Austin TX, 78701 or via email to legalnotices@go-lifted.com that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, (f) a statement indicating the manner in which your company was acquired, (g) the name and contact information of the acquiror, and (h) the effective date of such change in ownership. If Lifted does not object via email within 5 business days of sending of an email or 7 business days of the mailing of a written notice, then the assignment is permissible, provided in both cases that such notice is properly addressed.

No other assignments are valid without Lifted’s prior written consent, which can be requested via email or letter at the above addresses. Any other attempted transfer or assignment will be null and void.

13.4 SEVERABILITY; INTERPRETATION

If any provision of this Agreement is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of this Agreement will continue in full force and effect. To the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in one jurisdiction will not in any way affect the legality, validity, or enforceability of that or any other provision in any other jurisdiction.

13.5 FORCE MAJEURE

When certain circumstances beyond your or our control arise, we both will be temporarily relieved from performing our obligations under this Agreement.

The parties to this Agreement will not be responsible for any delay or failure to perform any obligation under this Agreement for a reasonable period due to labor disturbances, accidents, fires, floods, pandemics, telecommunications or Internet failures, strikes, wars, riots, rebellions, terrorism, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar event beyond the parties’ reasonable control.

13.6 PREVAILING LANGUAGE AND LOCATION

The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the United States.

13.7 ACCESS OF THE SITE OUTSIDE THE UNITED STATES

Lifted makes no representations that the Site or Services are appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable laws and regulations, both in the United States and abroad, including export and import regulations (e.g., the Export Administration Regulations maintained by the U.S. Department of Commerce and the sanctions programs maintained by the U.S. Department of the Treasury Office of Foreign Assets Control). You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software.

In order to access or use the Services, you must and hereby represent that neither you, any company you represent, nor any beneficial owner of you or your company are: (a) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and your license to use the Services will be immediately revoked.

13.8 CONSENT TO USE ELECTRONIC RECORDS

Lifted and its Affiliates may need to provide you with certain communications, notices, agreements, statements or disclosures in writing regarding our Services. You consent to receive these records electronically from Lifted and its Affiliates rather than in paper form.

15. DEFINITIONS

 Below we define capitalized terms that appear in this Agreement or other parts of the Terms of Service. Other capitalized terms are defined above, which you can tell because the term is put in quotation marks and bold font.

Capitalized terms not defined below or above have the meanings described in the Site  or elsewhere in the Terms of Service.

“User” means any authorized User of the Site or Site Services, to seek or obtain services, or to advertise, provide, or receive payment for the provision of services, including from or to another User.

“Confidential Information” means any material or information provided to, or created by, a User to evaluate a Project or the suitability of another User for the Project, or provided in connection with a Project, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Freelancer or Client; (b) was lawfully received by User without restriction from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.

The term “including” as used herein means including without limitation.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction.

“Project” means an engagement for services that a User provides to a client and/or Lifted under a contract established through Lifted.

Substantial Change” means a change to the terms of the Terms of Service that materially reduces your rights or increases your responsibilities.

“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other content or information that you or any Site Visitor or User post to any part of the Site or provide to Lifted, including such content or information that is originally generated through the use of generative AI tools or as a result of questions.

“Work Product” means any tangible or intangible results or deliverables that a User agrees to create for, or actually delivers to, another User or client as a result of performing services, including, but not limited to, configurations, computer programs, or other information, or customized hardware, and any intellectual property developed in connection therewith.

Privacy Policy

Last Updated: Aug 18, 2025

This Privacy Notice explains how and why Lifted, an Upwork Company collects, uses, and shares personal information when you interact with or use our Site or Service. It also includes any information Lifted collects offline in connection with the Service, which we may combine with information from the Site and Service.

When we say “Lifted”, we mean Lifted Solutions LLC, and any of its affiliates, including Lifted Talent Group LLC. When we say “Site”, we mean go-lifted.com, and when we say “Service”, we mean the Site plus any websites, features, applications, widgets, or online services owned or controlled by Lifted.

As part of the Service, Lifted provides a platform which facilitates interactions between users. Users of the Service may be Clients, Talent, Agencies, Partners, or Site Visitors (as each is defined in the User Agreement). This Privacy Notice applies to Lifted’s processing of personal information of Users where Lifted determines the purposes and means of processing. When Lifted or its subsidiaries act as your employer, we are the data controller of your personal information for purposes such as recruitment, employment, payroll, benefits, HR management, and compliance with employment laws. When we process your personal information solely on behalf of Upwork or our mutual clients, we act as a data processor/service provider. It does not apply to processing of information by Users themselves, who may be controllers of the personal information they access through the Service. For information about how Users process your personal information, please contact them directly.

Accessibility: This Privacy Notice uses industry-standard technologies and was developed in connection with the World Wide Web Consortium's Web Content Accessibility Guidelines, version 2.1. If you wish to print this Notice, please do so from your web browser or by saving the page as a PDF.

TABLE OF CONTENTS

1. INFORMATION COLLECTION

2. USE OF INFORMATION

3. DATA RETENTION

4. INFORMATION SHARING AND DISCLOSURE

5. YOUR CHOICES AND RIGHTS

6. SECURITY

7. CROSS-BORDER DATA TRANSFERS

8. LINKS TO OTHER SITES

9. CHANGES TO THIS Notice

10. CONTACT US

1. INFORMATION COLLECTION

a. Information You Provide to Us

When you use the Service, you may provide us with information about you. This may include your name and contact information, financial information to make or receive payment for services obtained through the Lifted platform, or information to help us fill out tax forms. When you use the Service, we may also collect information related to your use of the Service and aggregate this with information about other users. This helps us improve our Services for you. You may also provide us with information about your contacts or friends if, for example, you’d like to add those contacts to a message room. Agencies may also provide us with information about Talent associated with the Agency. 

Depending upon our relationship with you, we may collect the following categories and types of personal information from and about you:

b. Non-Identifying Information and De-Identified Information

• Non-Identifying Information/Usernames: We also may collect other information that does not identify you directly, such as zip codes, demographic data, information about your use of the Service, and general project-related data (“Non-Identifying Information”). We may combine information collected from Lifted users, whether they are registered or not (“Lifted Users”). In some cases, we may render Personal Information (generally, email address) into a form of Non-Identifying Information referred to in this Privacy Notice as “Hashed Information.” This is typically accomplished using a mathematical process (commonly known as a hash function) to convert information into a code. While the code does not identify you directly, it may be used by Lifted's partners to connect your activity and interests.

• Combination of Personal and Non-Identifying Information: We may combine your Personal Information with Non-Identifying Information, but Lifted will treat the combined information as Personal Information.

• De-Identified Information: We may also de-identify or aggregate information and convert it into non-personal information so that it can no longer reasonably be used to identify you (“De-Identified Information”). We may use De-Identified Information for any of the purposes described in the “We Use Information We Collect” section below. We will maintain and use De-Identified Information in de-identified form and will not attempt to reidentify the information, except to confirm our de-identification processes or unless required by law.

c. Information Collected Automatically

Like other online companies, we receive technical information when you use our Services. We use these technologies to analyze how people use the Service, to improve how our Site functions, to save your log-in information for future sessions, and to serve you with advertisements that may interest you.

Lifted and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movement around the website, the desktop app, and the mobile app, and to gather demographic information about our user base as a whole. The technology used to collect information automatically from Lifted’ Users may include cookies, web beacons, and embedded scripts. In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.

For further information on cookies and how they are used for the Service, please visit our Cookie Notice at www.go-Lifted.com/legal/lifted-cookie-policy.

d. Project Tracking Information

With your permission, we collect information about Talent’s work for a Client, including automatically collected information about work on a particular project. If Talent enables project tracking, we will share project tracking with the relevant Client and Agency. We tell Talent when we are capturing information for the project tracking and allow Talent to block such data sharing.

As part of the Service, when enabled by Talent, we may collect information about a Talent’s work on a project for a Client, including information that may be considered personal information. Project tracking includes information provided by the Talent, such as a memo, as well as automatically gathered information about work on a project, such as number of mouseclicks and keyboard strokes and regularly taken screenshots (which may include a webcam picture of you if you enable this feature).

We will share information contained in project tracking with the relevant Client and with any manager or administrator of any applicable Talent Agency. 

e. Analytics Providers, Ad Servers and Similar Third Parties

We may work with advertising agencies and vendors who use technology to help us understand how people use our Site. These vendors may use technologies to serve you advertisements that may interest you. Depending on your location, you may have the right to opt out of receiving certain interest-based advertising. See the ‘Your Choices and Rights Section’ below for more information. 

Lifted works with ad networks, ad agencies, analytics service providers and other vendors to provide us with information regarding traffic on the Service, to serve our advertisements, and to provide us with information regarding the use of the Service and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the Service as well as other websites or services, they may set and access their own tracking technologies on your device (including cookies, pixels, and web beacons), and may use that information to show you targeted advertisements. We may also share certain Non-Identifying Information with these parties, including Hashed Information, in connection with the services they provide to us. 

f. Children

The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18. If we become aware that a child younger than 18 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that Lifted has collected Personal Information from your child, please contact us at: legalnotices@go-lifted.com.

g. Background Checks

If you are subject to a background check, we will provide you with a separate notice and obtain your consent to the extent required by applicable law. Background check information may be obtained from third-party providers and shared with clients as necessary for your engagement.

2. USE OF INFORMATION

We, along with our service providers or other third parties, may use your data for the purposes described below. As part of these purposes, your data may be processed using Artificial Intelligence technologies (“AI”) including AI that generates images, text, audio, or video from user inputs (generative AI). We may use your data for the following purposes: 

a. We Use Information We Collect:

• To develop, provide, and improve the Service, complete your transactions, address your inquiries, process your registration, verify the information you provide is valid, and for compliance and internal business purposes.

• To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent.

• For the purposes disclosed at the time you provide your information, with your consent, and as further described in this Privacy Notice.

• To contact you with administrative communications and Lifted newsletters, marketing or promotional materials (on behalf of Lifted or third parties) and other information that may be of interest to you. To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online.

• To  prepare internal statistical reports.

• To conduct research. 

• To honor our contractual commitments, or to take steps at Users' request in anticipation of entering into a contract with them.

• For Our Legitimate Interests. In many cases, we handle Personal Information on the grounds that it furthers our legitimate interests in commercial activities, such as the following, in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:

  • Providing our Site and Service.

  • Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity.

  • Measuring interest and engagement in our Services.

  • Short-term, transient use, such as contextual customization of ads.

  • Improving, upgrading or enhancing our Services.

  • Developing new products and services.

  • Ensuring internal quality control and safety.

  • Authenticating and verifying individual identities.

  • Debugging to identify and repair errors with our Services.

  • Auditing relating to interactions, transactions and other compliance activities.

  • Enforcing our agreements and policies.

  • Analyzing and improving our business.

  • Communications, including marketing and responding to your inquiries about our services.

  • Analyzing and enhancing our marketing communications and strategies.

  • Addressing information security needs and protecting our Users, Lifted, and others.

  • Managing legal issues.

• To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of Lifted or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. 

• To Comply with Legal Obligations. We need to use and disclose Personal Information in certain ways to comply with our legal obligations.

b. Public Content:

Some parts of the Service allow you to share personal information publicly, such as when you create a public profile, post a public job, submit proposals that include visible content, or leave feedback. When you choose to make information public through the Service, it may be indexed by search engines, accessible to other users or third parties, and reused within other parts of the Service, including features that help connect Clients and Talents or generate insights and recommendations.

Please note that information you choose to make public may be accessed, copied, or used by others in ways we do not control. Lifted cannot guarantee how third parties or other users will use such publicly available information. You should not include information you consider sensitive or confidential in areas of the platform designated as public.

Lifted may use public information to power or improve other services and features or conduct research. For example, public job posts and profiles may be used to enhance search results, match recommendations, or provide aggregated insights.

3. DATA RETENTION

Unless you request that we delete certain information (see Your Choices and Rights below), we will only retain your personal information for as long as is necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements, as well as ongoing fraud prevention, backup, and business continuity purposes.

4. INFORMATION SHARING AND DISCLOSURE

We do not sell your Personal Information for monetary consideration, and we do not share your Personal Information with third parties for those third parties’ marketing purposes unless we first provide you with the opportunity to opt-in to or opt-out of such sharing.However, we may use technologies on our Site for the purposes of advertising or marketing to you and understanding how you interact with our ads. This may be considered a “sale” or “sharing” of personal information for targeted advertising under applicable data protection laws. We may also share information we have collected about you, including Personal Information, as disclosed at the time you provide your information, with your consent, as otherwise described in this Privacy Notice, or for the following business or commercial purposes:

5. YOUR CHOICES AND RIGHTS

Residents of certain locations may have choices and rights associated with your personal information, including opting out of targeted advertising or other disclosures to third parties, or the right to have an authorized agent submit certain requests on your behalf. 

You or your authorized agent may request that Lifted honor these rights by: 

Emailing us at dsr@go-lifted.com; or

Calling us toll-free at 866-262-4478

Non-Discrimination: You will not receive any discriminatory treatment by us for the exercise of your privacy rights.

Verifying Your Request: Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. In the case of access and deletion, your request must be verifiable before we can fulfill such request. Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we collected personal information or a person authorized to act on your behalf. We will only use the personal information that you have provided in a verifiable request in order to verify your request. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority. 

Please note that we may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive or manifestly unfounded as allowable under applicable law.

For Individuals Located in the European Economic Area (EEA), United Kingdom (UK) or Switzerland:

You have a number of rights under applicable data protection laws in relation to your personal information. Under certain circumstances, you have the right to:

• Have access to your personal information by submitting a request to us;

• Have your personal information deleted;

• Have your personal information corrected if it is wrong;

• Have the processing of your personal information restricted;

• Object to further processing of your personal information, including to object to marketing from us;

• Make a data portability request;

• Withdraw any consent you have provided to us;

• Restrict certain automatic processing of your personal information; and

• Complain to the appropriate Supervisory Authority.

To exercise any of these rights, please contact us as outlined above.

For California Residents

“Shine the Light” and “Eraser” Laws: Residents of the State of California may request a list of all third parties to which we have disclosed certain information during the preceding year for those third parties’ direct marketing purposes.

California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA): The CCPA, as amended by the CPRA, provides California residents and/or their authorized agents with specific rights regarding the collection and processing of their personal information.

Your Right to Know: California residents have the right to request that we disclose the following information to you about our collection and use of your personal information over the past twelve (12) months. We may ask you to provide certain information to identify yourself so that we may compare it with our records in order to verify your request. Upon verification, we will disclose to you:

1. The categories of personal information we have collected about you.

2. The categories of sources for the personal information we have collected about you.

3. The specific pieces of personal information we have collected about you.

4. Our business or commercial purpose for collecting or “selling” your personal information as defined by the CCPA.

5. The categories of third parties to whom we have sold or shared your personal information, if any, and the categories of personal information that we have shared with each third-party recipient.

Your Right to Opt-Out of “Sale” or “Sharing” of Personal Information: California residents have the right to opt-out of the “sale” or “sharing” of their personal information as defined by the CCPA. Where we are “sharing” your personal information with third parties for the purposes of cross-context behavioral advertising or profiling, you may opt-out of such sharing at any time by submitting a request as directed above.

Your Right to Limit Use of Sensitive Personal Information: California residents may have the right to request that businesses limit the use of any sensitive personal information to those uses which are necessary to perform the Services or for other specifically-enumerated business purposes under the CCPA, as amended by the CPRA. Please note that we do not use sensitive personal information other than as necessary to perform the Services or as specifically permitted under the CCPA.

Your Right to Delete: California residents have the right to request that we delete any of the personal information collected from you and retained by us, subject to certain exceptions. We may ask you to provide certain information to identify yourself so that we may compare it with our records in order to verify your request. Once your request is verified and we have determined that we are required to delete the requested personal information in accordance with the CCPA, we will delete, and direct our service providers to delete your personal information from their records. Your request to delete personal information that we have collected may be denied if we conclude it is necessary for us to retain such personal information under one or more of the exceptions listed in the CCPA.

Your Right to Correct: Under the CCPA, as amended by the CPRA, California residents have the right to request that we correct any inaccurate personal information we maintain about you, taking into account the nature of the personal information and the purposes for which we are processing such personal information. We will use commercially reasonable efforts to correct such inaccurate personal information about you.

Non-Discrimination: You will not receive any discriminatory treatment by us for the exercise of your privacy rights conferred by the CCPA.

Notice for Residents of Certain Other Locations

The laws of your place of residence (“Applicable Law”) may provide you with certain rights, including the following:

Your Right to Confirm and Access: You have the right to confirm whether we are processing personal information about you and access the personal information we process about you.

Your Right to Portability: You have the right to obtain a copy of the personal information we maintain and process about you in a portable and, to the extent technically feasible, readily-usable format.

Your Right to Delete: You have the right to request that we delete the personal information we maintain or process about you.

Your Right to Correct: You have the right to request that we correct inaccuracies in the personal information we maintain or process about you, taking into consideration the nature and purpose of such processing.

Your Rights to Opt-Out: You have the right to opt-out of certain types of processing of personal information, including:

• Opt-Out of the “sale” of personal information as defined by Applicable State Law;

• Opt-Out of targeted advertising by us;

• Opt-Out of automated profiling for the purposes of making decisions that produce legal or similarly significant effects.

Please note, as explained above, we do not “sell” personal information as that word is traditionally defined. However, we do share personal information with third parties to provide you with personalized advertising from us and to better understand how you interact with our Services. Through the use of cookies, we may also make available certain personal information to third parties for targeted advertising. You may opt-out from any of these disclosures under Applicable State Law by clicking here.

Opting Out of Targeted Advertising

Depending on your location, you may have the right to opt out of targeted advertising from Lifted by submitting a request here.

You may also want to visit http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. If you wish to submit a bulk opt out of targeted advertising from participating companies, click here (or if located in the European Union, click here). You must opt out on each device and each browser where you want your choice to apply. If you choose to opt out, please note you will continue to receive advertisements, but they may be less relevant to you.

While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. 

Do Not Track Signals and GPC

Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. Lifted does not generally alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Global Privacy Control (GPC) is a technical specification that you can use to inform websites of your privacy preferences regarding ad trackers. If you do choose to set up GPC, it may impact the functionality of the Site, but we honor the GPC signal on a per-browser basis automatically in your cookie preferences.

Appeals Process & Other Concerns

Certain information may be exempt from the rights described above under applicable law. If we deny your request in whole or in part, you may have the right to appeal the decision. In such circumstances, we will provide you with information regarding the appeals process. Depending on your location, you may also email legalnotices@go-lifted.com with the subject “Data Privacy Request Appeal” to provide us with details about why you are appealing the decision.

6. SECURITY

We take a number of steps to protect your data, but no security is guaranteed.

Lifted takes reasonable steps to help protect and secure the information it collects and stores about Lifted Users. We maintain reasonable administrative, technical, and physical safeguards designed to protect personal information that we receive against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use.

7. CROSS-BORDER DATA TRANSFERS

Because we are a U.S. company, we process and store your information in the United States and our service providers may process and store it elsewhere.

Lifted may transfer your personal information to a third party that is located in a jurisdiction other than the one from which we collected your personal information, including to countries that have not been deemed to have an adequate level of protection for the rights and freedoms of data subjects. If we do transfer your personal information to another jurisdiction, we will do so following due diligence and provided that the data recipient is subject to contractual agreements imposing obligations on it to ensure appropriate technical and organizational are implemented and maintained at all times to prevent the unauthorized and unlawful processing of personal information, and the accidental loss or destruction of, or damage to, personal information, consistent with our obligations under applicable data protection laws.

We will use appropriate legal transfer mechanisms, including Standard Contractual Clauses, where required by law. 

8. LINKS TO OTHER SITES

We may provide links to digital assets such as websites or applications of services that we do not own or operate (“third-party digital assets”). This Privacy Policy does not apply to data collected through any such third-party digital assets. Lifted is not responsible for the privacy practices of such third-party digital assets. We encourage you to carefully review the privacy policies or statements applicable to any third-party digital assets you visit.

9. CHANGES TO THIS NOTICE

We may change this Privacy Notice. If we make substantial changes, we will provide notice.

This Privacy Notice is effective as of the date stated at the top of this page. Lifted may update this Privacy Notice at any time and any changes will be effective upon posting. By accessing or using the Service after we notify you of such changes to this Privacy Notice, you are deemed to have accepted such changes. Please refer back to this Privacy Notice on a regular basis.

10. CONTACT US

To request that Lifted honor any of the rights described in this Notice, submit a request by: 

Emailing us at dsr@go-lifted.com; or

Calling us toll-free at 866-262-4478

If you have any questions about this Privacy Notice, please contact us at privacy@go-lifted.com, or by mail addressed to Lifted, Attn: Legal, 201 W 5th St, #1600, Austin, TX 78701, USA. You may also contact us by phone at 866-262-4478.

General Data Protection Regulation (GDPR) – European Representative

Pursuant to Article 27 of the General Data Protection Regulation (GDPR), Lifted Inc. has appointed European Data Protection Office (EDPO) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR:

• by using EDPO’s online request form: https://edpo.com/gdpr-data-request, or

• by writing to EDPO at Ground Floor, 71 Lower Baggot Street, Dublin, D02 P593, Ireland

UK General Data Protection Regulation (GDPR) - UK Representative

Pursuant to Article 27 of the UK GDPR, Lifted Inc. has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR:

• by using EDPO’s online request form: https://edpo.com/uk-gdpr-data-request, or

• by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom

FADP Article 14 Representative

Pursuant to Article 14 of the FADP, Lifted Inc. has appointed EDPO Switzerland as its Representative in Switzerland. You can contact EDPO Switzerland regarding matters pertaining to the FADP:

• by using EDPO Switzerland's online request form: https://edpo.com/swiss-data-request, or

• by writing to EDPO Switzerland at Rue de Lausanne 37, 1201 Geneva, Switzerland

Cookie policy
Last Updated: Aug 18, 2025

This policy describes how Lifted uses cookies and other related technologies like pixels and script code (collectively referred to as “cookies”) when you interact with us on http://www.go-lifted.com (the “Site”) as set forth in the Lifted Privacy Notice.

By visiting or using the Site, you agree that we can use the cookies described in this Cookie Policy. You can stop or update your cookie preferences by changing the settings in your browser (more information on how to do this is provided below) or adjusting the settings at the bottom of the homepage labeled “Cookie Settings”. We may modify this Agreement without notifying you, so please check back often for updates.

What are cookies?

Cookies are text files, containing small amounts of information, which are downloaded to your browsing device (such as a computer or smartphone) when you visit a website. Cookies can be recognized by the website that downloaded them, or by other websites that use the same cookies. First- party cookies are cookies that belong to Lifted, or are placed on your device by Lifted. Third-party cookies are cookies that another party places on your browsing device through our Site.

What are cookies used for?

Cookies do lots of different jobs, like helping us understand how the Site is being used, letting you navigate between pages efficiently, remembering your preferences, and generally improving your browsing experience. Cookies can also help ensure marketing you see online is more relevant to you and your interests.

What types of cookies does Lifted use?

To provide you with the best browsing experience, Lifted uses the following types of cookies: Strictly Necessary, Performance, Functional, and Targeting Cookies. You can find out more about each cookie category in the sections below.

Strictly Necessary Cookies

These cookies are essential, as they enable you to move around the Site and use its features, such as accessing secure areas. Without these cookies, some services you have asked for such as payment submission can’t be provided. These cookies cannot be switched off in our systems, because they are necessary for Site functionality. While you can set your browser to block or alert you about these cookies, some or all parts of the Site may not function.

Performance Cookies

These cookies collect information about how you use the Site, for example which pages you go to most often and if you get error messages from certain pages. These cookies gather only aggregated or anonymous information that does not identify you.

Functionality Cookies

These cookies allow the Site to remember choices you make (such as your username or the region you’re in). For instance, the Site uses functional cookies to remember your language preference. These cookies can also be used to remember changes you’ve made to text size, font and other parts of pages that you can customize. They may also be used to provide services you’ve asked for such as watching a video or commenting on a blog. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

Targeting Cookies

These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. They remember that you have visited a website and this information may be shared with other organizations such as advertisers. This means after you have been to the Site you may see some advertisements about our services elsewhere on the Internet.

How long will cookies stay on my browsing device?

The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted.

How to control and delete cookies through your browser

The browser you are using to view the Site can enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help,” “Tools'' or “Edit” functions). Please note that if you set your browser to disable cookies, you may not be able to access certain parts of the Site ( e.g. to apply for a job or post a job. Other parts of the Site may also not work properly. You can find out more information about how to change your browser cookie settings at www.allaboutcookies.org.

Also, you may update your cookie preferences by clicking the “Cookie Settings” button at the bottom of the Site’s homepage.

Contacting Us

If you have any questions about this Cookie Policy, please contact us at privacy@go-lifted.com or by mail addressed to Attn: Legal, 201 W 5th St, #1600, Austin, TX 78701, USA.

Digital Accessibility Statement

Lifted, an Upwork Company,  is committed to providing an accessible experience to our customers and the public, regardless of background, nationality, race, ethnicity, gender, gender identity, sexual orientation, disability status, veteran status, or other similarly protected characteristics. This Digital Accessibility Statement concerns our commitment to providing access to persons with disabilities. Please also see our Nondiscrimination Statement.

Please contact our Accessibility Coordinator at legalnotices@go-lifted.com or send a letter addressed to: Attn: Accessibility Coordinator, 201 W 5th St, #1600, Austin TX, 78701, USA, to learn more about accessibility support services at Lifted.

Reasonable Accommodations

Individuals who need a reasonable accommodation to access Lifted services and information should send an email to legalnotices@go-lifted.com or send a letter addressed to: Attn: Accessibility Coordinator, 201 W 5th St, #1600, Austin TX, 78701, USA to provide information about the nature of the requested accommodation. Requesters must include contact information such as an email address or telephone number at which they can be reached. Depending on the nature of the request, Lifted may need sufficient notice to provide a reasonable accommodation.

Online Accessibility

Lifted strives to provide an accessible digital experience for our users.

The Web Content Accessibility Guidelines (WCAG) defines requirements for website providers to improve online accessibility for people with disabilities. Lifted has voluntarily undertaken efforts to comply with, and in some cases exceed, Level AA of the latest version of WCAG guidelines, and employs formal accessibility quality assurance methods to ensure accessibility of Lifted’s digital platform.

Our efforts to improve online accessibility are ongoing. In the event that a user with a disability experiences accessibility issues with our website or mobile application, please notify us by sending an email to legalnotices@go-lifted.com or sending a letter addressed to: Attn: Accessibility Coordinator, 201 W 5th St, #1600, Austin TX, 78701, USA. In your communication to us, please specify the nature of the accessibility difficulty, including the web address or mobile application that may have presented an accessibility challenge.

Third-Party Websites and Elements

Lifted’s website may contain sections or links to webpages that are hosted or controlled/powered by third parties, or engage third party plugins or services. WCAG compliance for these sections will be controlled by these third party providers, not by Lifted. Lifted does not make representations with regard to the accessibility of third-party websites and may not be able to remediate accessibility barriers on such websites. However, Lifted continually works to identify and adopt more accessible alternatives to such sections and sites wherever feasible.

Feedback

We are always working to ensure that our products and services are accessible to all users, visitors and the public, including individuals with disabilities. If you have an idea or question about accessibility support services at Lifted, please contact our accessibility coordinator by sending an email to legalnotices@go-lifted.com or sending a letter addressed to: Attn: Accessibility Coordinator, 201 W 5th St, #1600, Austin TX, 78701, USA.

Nondiscrimination Statement

Lifted believes that opportunities should be equally available to all qualified talent in our community, regardless of background, nationality, race, ethnicity, sex, gender, gender identity, sexual orientation, actual or perceived disability status, veteran status, marital status, or other similarly protected characteristics. Lifted’s goal is for members of our community to feel welcome on the Site. A condition of using the Site is your agreement not to engage in any unlawful discrimination or harassing conduct. Such conduct is not permitted on Lifted by any member of our community. Lifted does not require Users to violate local laws or take actions that may subject them to legal liability. LIfted will take actions to enforce this policy. Users engaging in this activity are subject to Account closure. Please bring any reports of discrimination or harassment to our attention at legalnotices@go-lifted.com.