Membership Terms & Conditions
These Terms and Conditions ("Terms") govern your access to and use of the Fraxional platform and your membership with Fraxional ("Fraxional," "we," "us," or "our"). By signing up and becoming a member, you ("Member," or "you") agree to be bound by these Terms. Please read them carefully before proceeding.
1. Membership and Relationship
  • Independent Relationship: You acknowledge that your membership with Fraxional does not create an employer-employee, partner, or joint venture relationship. You are an independent contractor and are solely responsible for all taxes, insurance, and other obligations related to your services. Fraxional makes no commitment to provide you with work or engagements.
  • Platform Access: Fraxional grants you a non-exclusive, revocable, and non-transferable license to access and use the platform solely for the purposes of connecting with potential clients, showcasing your skills, and managing your engagements (if any).
2. Registration and Account
  • Eligibility: You must be at least 18 years old and legally authorized to work in your country of residence to register for an account. You are responsible for complying with all applicable laws and regulations in your jurisdiction.
  • Account Information: You must provide accurate and complete information when registering and keep your information updated. You are responsible for maintaining the confidentiality of your account credentials.
  • Account Security: You are responsible for all activities under your account. Notify Fraxional immediately of any unauthorized access or suspected breach of security.
3. Services and Engagements
  • No Guarantee of Work: Fraxional facilitates connections between Members and potential clients. However, Fraxional makes no commitment to provide Members with any specific work, engagements, or projects. The availability of work is solely dependent on client demand.
  • Member Responsibilities: Keeping your profile information, including your skills, experience, and contact details, accurate and up-to-date on the Fraxional platform.
  • Fraxional's Role: Fraxional provides a platform facilitating connections, evaluating and matching its Members with suitable projects. However, Fraxional makes no guarantee that any Member will be matched with a specific project or receive any work opportunities. The final decision to engage a Member rests with the client.
  • Project Acceptance: You have the sole discretion to accept or decline any project or engagement offered to you.
4. Intellectual Property
  • Your IP: You retain ownership of any pre-existing intellectual property you bring to an engagement.
  • Client IP: Intellectual property created during an engagement will be owned by the client, as agreed upon between you and the client.
  • Platform IP: All intellectual property related to the Fraxional platform belongs to Fraxional.
6. Confidentiality
You agree to keep confidential all information you receive from clients or Fraxional during your membership. This obligation extends beyond the termination of your membership.
7. Indemnification
You agree to indemnify and hold Fraxional harmless from any claims, damages, or expenses arising out of your use of the platform or your performance of services for clients.
8. Termination
  • Termination by You: You may terminate your membership at any time by notifying Fraxional.
  • Termination by Fraxional: Fraxional may terminate your membership for any breach of these Terms or for any other reason deemed appropriate by Fraxional.
  • Effect of Termination: Upon termination, your access to the platform will be revoked.
9. Disclaimer of Warranties
The platform is provided "as is" without any warranties of any kind, express or implied. Fraxional does not warrant that the platform will be error-free or uninterrupted.
10. Limitation of Liability
Fraxional will not be liable for any indirect, incidental, consequential, or special damages arising out of your use of the platform, even if Fraxional has been advised of the possibility of such damages.
11. Governing Law
These Terms will be governed by and construed in accordance with the laws of New Zealand.
12. Entire Agreement
These Terms constitute the entire agreement between you and Fraxional regarding your membership and use of the platform.
13. Changes to Terms
Fraxional may update these Terms at any time. You will be notified of any changes, and your continued use of the platform constitutes your acceptance of the revised Terms.
14. Data Privacy (New Zealand)
  • Compliance with Privacy Act 2020: Fraxional complies with the New Zealand Privacy Act 2020.
  • Collection, Use, and Disclosure: Fraxional collects, uses, and discloses personal information as described in its Privacy Policy, which is available on the Fraxional platform. This may include information necessary to facilitate connections between Members and clients, manage memberships, and comply with legal obligations.
  • Data Security: Fraxional takes reasonable steps to protect personal information from unauthorized access, use, or disclosure.
  • Access and Correction: You have the right to access and correct your personal information.
  • Data Retention: Fraxional retains personal information only as long as necessary.
15. Data Sharing and Processing (New Zealand)
  • Data Sharing: Fraxional may share personal information with third-party service providers who assist with platform operations (e.g., IT support, payment processing). Fraxional will ensure these providers comply with the Privacy Act 2020.
  • Cross-Border Transfers: If data is transferred outside New Zealand, Fraxional will ensure appropriate safeguards are in place.
16. Account Security
  • Security Measures: Fraxional implements reasonable security measures to protect the platform and user data from cyber threats.
  • User Responsibilities: You are responsible for maintaining the security of your account credentials and devices. You must not engage in any activity that could compromise the security of the platform.
17. Responsible and Ethical Use of AI (New Zealand)
  • AI Principles: Fraxional is committed to the ethical and responsible use of AI. Any AI used will be for specific, legitimate purposes, such as improving platform functionality, matching Members with clients, or analyzing skills.
  • Transparency, Fairness, and Human Oversight: Fraxional will strive for transparency in its use of AI, ensure fairness and non-discrimination, and maintain human oversight of AI systems.
  • Data Minimization and Security: Fraxional will only process the minimum necessary data and implement security measures to protect data processed by AI.
  • Accountability: Fraxional is accountable for the use of AI and will regularly review its AI practices.
By ticking the box and signing up, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
(as of April 2025)
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