Welcome, and thank you for your interest in DayBalancer LLC ("us," "we," "Creating.Works," or the "Company"). Our websites at Creating.Works and DayBalancer.com, as well as our related software services (Appear Network and 2Gather), will collectively be referred to as the "Services." The Services and their features are provided to you subject to your compliance with all the terms, conditions, and notices contained or referenced in this agreement (the "Agreement").
This Agreement is between DayBalancer LLC, which operates Creating Works, a software company for the commons ("Creating.Works"), and Creating.Works partners, members, and other individuals who access or view Creating.Works materials and content (together, the "Members"). This Agreement outlines the scope of services provided by Creating.Works and details your obligations as a Member.
Section 2 describes what other people can see. It is worth reading before you fill in a profile, because parts of your page are public by design.
These terms sit alongside our privacy policy and our code of conduct.
You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this age requirement.
Your profile page info on Appear Network is publicly accessible once completed and is discoverable through search. The following are visible to anyone who visits your page by direct link or QR code and to all network members, without signing in:
People who are not members and who are not signed in can view your page, and search engines may index it.
Approximate location. If you provide a postal code or city, it is used to suggest people, events, and opportunities near you, and it is readable alongside your public profile. We do not ask for your street address.
Contact information. Your contact info is only shared in the way you wish. If you mutually connect with someone. Supporting members can choose to share their contact info with anyone. If you put contact details into a free-text field on your profile, they are public in the same way as the rest of your profile.
Job matching. Within the job matching feature, we do not reveal your name, photo, or contact information to the other party until both of you agree to connect. This applies inside the matching feature only. It does not make your profile page private. Anyone holding your page link, or who finds your page through search, can see your photo and name at any time.
Event participation. When you register for an event you choose at that moment whether to appear in the attendee list and that choice is set to visible unless you change it. If you appear in the attendee list, the following are visible to others, including people who are not signed in:
If you host an event, your name is published with the event listing, along with the venue and the date and time.
The services provided by Creating.Works include the content, materials, tools, and assessment programs designed to provide career development and facilitate connections for meaningful work and life. Creating.Works builds software that supports:
These Creating.Works Services include online assessment tools, educational resources, and a community of Creating.Works members (together, the "Services").
If you are a Creating.Works member or individual viewing or using Creating.Works content, you may use the Services to explore your work opportunities and build trusted professional networks. Use of the Services does not constitute professional, financial, medical, psychological, legal, or other advice.
Creating.Works connects members but does not conduct background checks, verify credentials, or guarantee outcomes. You are responsible for vetting potential collaborators, clients, or other members. Always meet in public spaces initially, verify references independently, and use written agreements for paid work. Report suspicious activity immediately.
Independent contractor status. Creating.Works facilitates connections between members and clients. Creating.Works does not create employment relationships, does not employ members, and is not responsible for any contractual arrangements between members. All members engaging in work through Creating.Works connections are responsible for their own tax obligations, insurance, licenses, and legal compliance as independent contractors.
No content on the Creating.Works platform, regardless of date, should ever be used as a substitute for direct medical advice from your doctor or other qualified clinician.
By using the Services, you grant Creating.Works permission to use your information to continue its research into healthy, successful professional communications and how people connect, in accordance with applicable data protection laws. This research may be published in academic journals or other publications; however, any use of this content will comply with the Creating.Works privacy policy.
Our operating agreement holds no shares that can be sold and no equity that appreciates. Services and associated fees include:
By using the Services, you agree to abide by the Creating.Works Code of Conduct, which can be found at Creating.Works/code-of-conduct.html. The Code of Conduct establishes standards for respectful interaction, inclusive communication, and ethical behavior within our community. Violation of the Code of Conduct may result in suspension or termination of your access to the Services.
By using the Services, you agree to be bound by and comply with these Terms of Service and the Creating.Works Code of Conduct. Creating.Works may amend or modify these Terms of Service at any time, for any reason, with notice posted on our website. Changes are effective immediately upon posting to Creating.Works/terms-of-service.html. We may also notify you via email at the address associated with your account. It is your responsibility to review these Terms of Service prior to use of the Services. Your continued use of the Services now, or following the posting of any changes, indicates your acceptance.
Creating.Works may, without notice or liability, change, suspend, or discontinue any portion of the Services at any time, including your access to the Services or the availability of any feature, database, or content. Creating.Works reserves the right to terminate your access to the Services if you violate these Terms of Service or the Code of Conduct. If you find any of these Terms of Service or any future changes unacceptable, you may discontinue your use of the Services and cancel your registration by contacting hello@creating.works.
Account suspension appeals. If your account is suspended or terminated, you may appeal the decision by contacting hello@creating.works with "Account Appeal" in the subject line. We will review appeals within 10 business days.
You may use the Services for:
In all cases, your use must comply with these Terms of Service.
Depending on your service tier, you may have access to account management and premium support services. Account managers provide platform guidance, optimize your experience, and ensure you're getting value from the Services.
You are responsible for maintaining the confidentiality of your login and registration information. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity. You are solely responsible for all activities that occur under your account. You will use the Services in a manner consistent with all applicable local, state, federal, and international laws and regulations. You may not hold yourself out to be, in any way, sponsored by, affiliated with, or endorsed by Creating.Works, any of its affiliates, or any of its service providers.
You may not:
You agree to protect the privacy and security of other members' information. You will not attempt to access, collect, store, or disclose personal data of other members without explicit permission. Creating.Works takes data security seriously and expects all members to respect privacy boundaries.
Data retention and deletion. You may request deletion of your account and associated data at any time by contacting hello@creating.works. We will process deletion requests within 30 days, subject to legal retention requirements. Deletion removes your information from the Services going forward. It cannot retrieve copies that others have already viewed, saved, downloaded, or shared, and it cannot recall material that search engines or other third parties have already indexed or cached.
The Services may include community features, forums, and interactive areas where members can create, post, transmit, and share content ("Member-generated Content"). By posting any Member-generated Content, you:
Creating.Works respects intellectual property rights. If you believe content on our Services infringes your copyright, contact us at hello@creating.works with:
No license. Creating.Works does not grant you any license or rights to the proprietary software, tools, or content that are part of the Services.
Protected rights. Certain Creating.Works content provided in the Services may be protected by copyright, trademark, patent, and other proprietary rights. You may not modify, publish, transmit, reproduce, create new works from, distribute, or display the Services, Creating.Works content, or any Creating.Works trademarks, service marks, or other intellectual property. You may not adapt, translate, modify, decompile, or reverse engineer any part of the Services.
Creating.Works welcomes your feedback, but you are under no obligation to provide it. All comments, feedback, ideas, questions, or suggestions that you submit to Creating.Works will be considered non-proprietary and may be used by Creating.Works without any obligation to compensate you for them or give you attribution.
The services are provided "as-is," and Creating.Works disclaims any and all representations and warranties, whether express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Creating.Works does its best to keep the Services safe, but cannot guarantee that the Creating.Works website is free of viruses or other harmful components.
Because the Services rely, in part, on self-report, Creating.Works does not guarantee that the Services are error-free. Creating.Works does not adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Creating.Works. Under no circumstances will Creating.Works be responsible for any loss or damage resulting from anyone's reliance on information transmitted to or by any Member.
Creating.Works does not warrant that Internet-based Services will be secure, uninterrupted, always available, or error-free.
Creating.Works does not guarantee the accuracy of self-reported information, assessment results, or member-generated content. We do not warrant uninterrupted or error-free service.
In no event will Creating.Works, its officers, directors, employees, or agents be liable to you, or any third party, for any loss or damage, whether direct, indirect, consequential, exemplary, incidental, special, or punitive arising from the use of the Services or other Creating.Works materials, except in cases of willful misconduct or gross negligence. This includes, but is not limited to, any liability arising from Member-generated Content shared within our communities, interactions between members, or information shared through community features. You acknowledge that Creating.Works is not responsible for the conduct of any member and that you use our community features at your own risk.
You agree to indemnify and hold Creating.Works, its directors, officers, agents, and employees harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with the use of the Services; conduct in connection with the Services; or any violation of these Terms of Service, the Creating.Works Code of Conduct, the Creating.Works Privacy Policy, or of any law or the rights of any third party.
Payment terms. Fees for platform customization, hiring intelligence, and other paid services will be invoiced according to the terms agreed upon in your service agreement. Payment is due within 30 days of invoice date unless otherwise specified.
Refund policy. Refunds for paid services are handled on a case-by-case basis. Contact hello@creating.works to request a refund with details about your service and reason for the request.
Creating.Works is committed to making its Services accessible to all members, including those with disabilities. We strive to comply with applicable accessibility standards. If you encounter accessibility issues, please contact us at hello@creating.works.
The Services are controlled and operated from the United States. If you access the Services from outside the United States, you are responsible for compliance with local laws. You agree to comply with all applicable export and import control laws and regulations.
Creating.Works is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
These Terms of Service are governed by the laws of the State of Washington.
To resolve any complaint you may have regarding the Services, you agree to first contact Creating.Works and express your concerns. Correspondence regarding any complaint should be sent to hello@creating.works (include Terms of Service in your subject line). If your complaint cannot be resolved through discussion with Creating.Works, any controversy or claim arising out of or relating to these Terms of Service, the Services, or any other Creating.Works materials will be settled by binding arbitration, in accordance with the rules of the American Arbitration Association (AAA).
Any controversy or claim must be arbitrated on an individual basis and may not be consolidated with any claim or controversy of any other party. Any arbitration must take place in King County, Washington.
Member disputes will be resolved through:
We may provide notices regarding changes to these Terms of Service by posting them on our website or sending you an email. You are responsible for providing us with your current email address. If the email address you provide is incorrect or outdated, you may miss important notices.
Messages we send. Having an account means we email you. We send a welcome message when you join, guidance while you build your profile, and notices when the software or the company changes. We also send messages that follow from what you do, such as a connection request from another member or an event you registered for.
We do not send promotional email and we do not email you on behalf of anyone else.
Match notifications are separate. They stay off unless you turn them on.
Every email carries an unsubscribe link. Controls for turning each kind of message on and off are planned rather than built, so today unsubscribing stops all of them, including connection requests and event confirmations.
This Agreement, including the Creating.Works Privacy Policy found at Creating.Works/privacy-policy.html, and the Creating.Works Code of Conduct, is the entire agreement between you and Creating.Works regarding your use of the Services.
If either party fails to require the other party to perform any term of this Agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other's breach of a term, that waiver does not waive a later breach of that term.
If any part of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction under Washington law, the remainder of this Agreement will remain in full force and effect.
By clicking "I agree," checking a box, or otherwise indicating acceptance, you agree that such action constitutes your electronic signature and your consent to enter into agreements electronically.
Operated by DayBalancer LLC. Questions about these terms: hello@creating.works