Maoten is an independent creative studio that, through its platform, selects qualified freelancers with the aim of providing various services, such as branding, visual content (photography and video productions) and digital design (web, apps, social campaigns) to clients and organizations seeking industry experts with specific creative, artistic and digital competencies.

Each project is managed and continuously monitored by Maoten, which is solely responsible for selecting the execution team, selecting the most suitable resources from its Network, either through in-house management or through freelance matchmaking.

The assignment process ensures competency and coherence with the Client's requests and can be structured both for long-term projects and through individual collaboration offers for spot or defined-duration projects.

1. Definitions

The terms and phrases listed in this article have the meaning specified below, it being understood that terms defined in the singular shall also be understood to be defined in the plural and vice versa.

Platform/Website: refers to the access and management portal of the Maoten Network, accessible at maoten.global and related landing pages owned by Maoten S.r.l., with registered office at 20151 Milan, via Ugo Ojetti, 10, tax ID and VAT number 14408170968, to which it is possible to register to obtain contacts and/or create professional opportunities.

User: means any person, whether registered or not, who accesses and browses the Platform.

Freelancer: means any User who registers on the Platform applying to enter the Network to access professional opportunities.

Network: means the set of Maoten Freelancers registered on the Platform and interested in promoting their Creative Services through it.

Creative Services: means the branding, visual content, digital design services and in general all services offered by Freelancers through the Platform.

Collaborative Archive: means the online showcase, accessible from the Platform, where the best projects of Freelancers are promoted.

Client: means the person (individual, legal entity or organization) who directly interfaces with Maoten to request and commission Creative Services and is the contractual party of Maoten for the entire supply.

Assignment: means the individual assignment that is conferred by Maoten on the selected Freelancer for the performance of Creative Services requested by the Client.

Assignment Contract: means the contract that is concluded from time to time by Maoten with the Client and that establishes in detail the total compensation, Creative Services, project scheduling and all other contractual items.

Fee: means the commission that Maoten retains directly from the total compensation due to the Freelancer for the execution of Creative Services. Such Fee remunrates the management, supervision and coordination services provided by Maoten, as well as all related activities and is equal to a percentage calculated on the value of the total compensation agreed in the Assignment Contract concluded from time to time with the Client.

Account: means the reserved personal area of the Platform to which each Freelancer, after authentication, can: (i) view/modify their own data and information; (ii) display and modify their professional profile and projects; (iii) access the messaging area for communications related to the Network.

General Conditions: means these general conditions, including any future new versions published from time to time on the Platform.

Login: means the authentication process to one's Account through appropriate credentials (ID and password).

Privacy and Cookie Policy: means the privacy notice and cookie notice published on the Website concerning the processing of Users' personal data.

2. Subject Matter

2.1 The General Conditions regulate the methods of access and use of the Platform by Users.

2.2 Users are required to carefully read the General Conditions, together with the Privacy and Cookie Policy, to which compliance they are bound immediately by proceeding with navigation on the Website.

2.3 Maoten reserves the right at any time to integrate or modify the General Conditions. In case of disagreement, the User can stop browsing and, in case of registration, delete their Account.

2.4 Maoten is a digital showcase that allows: (i) Freelancers to have an online platform to promote their services and come into contact with new professional opportunities; (ii) Clients and, in general, Users, to obtain contacts and view projects in order to identify professionals with suitable technical-professional skills to whom to entrust the execution of Creative Services.

2.5 Maoten operates as the principal contracting party and project manager vis-à-vis the Client, caring for its overall management, supervision and quality control of Creative Services, while also guaranteeing the highest professional diligence in the selection and direction of Freelancers. It is nevertheless understood that the Freelancer acts in a regime of professional autonomy (with no subordinate or para-subordinate employment relationship existing). Consequently, Maoten is not responsible for: i) the failure to achieve specific results (e.g., commercial success) that are beyond its sphere of control and the means promised; ii) the unlawful conduct, gross negligence or non-performance by the Freelancer that goes beyond contractual obligations and project directives; iii) the tax, social security and welfare charges borne by the Freelancer in relation to compensation received.

2.6 The Platform is exclusively directed at Freelancer individuals who hold a VAT number, are independently organized and with whom Maoten does not maintain any relationship of dependency and/or subordination.

3. Registration and Creation of Maoten Account

3.1 The registration procedure is entirely digital and takes place as follows: a) creation of an ad hoc Account by inserting data (name, surname, email and password); b) acceptance of the General Conditions, Privacy Policy and Cookie Policy; c) (possible) acceptance of data processing for marketing and/or profiling purposes; d) completion of the Account by inserting any additional professional data and portfolio information.

3.2 Upon completion of the registration procedure, each Account is verified by sending a registration confirmation email to the address declared by the User.

3.3 Registration is allowed only to Users who have reached the age of majority.

3.4 Each User acknowledges that each Account is personal and cannot in any way be transferred to third parties.

3.5 At the time of registration, each User is required to provide truthful, updated and complete data and information and, where necessary, to proceed with their constant updating.

3.6 Each User is solely and exclusively responsible for the safekeeping, confidentiality and use of their own access credentials (ID and password). In case of unauthorized access, the User is required to promptly inform Maoten. The User undertakes to indemnify and hold Maoten harmless from any responsibility for damages or claims by third parties arising from improper use of the Account or unauthorized access.

3.7 The User is guaranteed the right at any time to delete the profile, without any penalty, through the appropriate "Delete Account" section accessible from their Account.

4. Account Use, Network and Selection

4.1 Once the Account is created, it will be possible to perform Login and the Freelancer may subsequently: a) complete their professional profile and indicate their areas of expertise; b) formally apply for admission to the Network; c) authorize Maoten to select up to 5 projects for publication in the Collaborative Archive.

4.2 Maoten reserves the right to evaluate and select, at its sole discretion and in an unreviewable manner, the profiles of candidates for admission to the Network. The criteria are based on the quality of projects, experience and coherence with Maoten's creative vision. The decision of admission or exclusion does not entail any obligation of motivation or economic compensation for Maoten.

4.3 Admission to the Network does not guarantee in any way the assignment of projects, which is carried out by the Client, or minimum compensation.

4.4 Users undertake not to make any improper use of the Platform (including hacking or scraping activities) and in any case foreign to the purposes for which it was designed.

4.5 Maoten will in no way be responsible for improper and/or unlawful use by Users of Accounts, including content and communications.

4.6 Maoten has the right to deactivate the Account at any time if the User does not comply with the General Conditions.

4.7 Maoten adopts adequate security measures, but does not guarantee the absolute absence of viruses or elements that could cause alterations to the User's computer systems. It is the User's responsibility to take all necessary precautions to protect their data. The Website is generally browsable 24 hours a day, but Maoten is in no way responsible if, for any reason (e.g., maintenance, malfunctions, repairs), the Platform is not accessible or operational for a certain period of time.

5. Collaborative Archive, Assignments and Payments

5.1 Collaborative Archive

By accepting the General Conditions, the Freelancer: a) authorizes Maoten to select and publish in the Collaborative Archive up to 5 (five) projects to promote the Network; b) guarantees full and exclusive authorship of the selected projects and that these are not subject to confidentiality restrictions or other constraints and that they have full authorization for publication; c) accepts that the content will be used by Maoten exclusively for collaborative portfolio purposes, community promotion and presentation to potential Clients; d) acknowledges and accepts that the attribution of a work not one's own or the false declaration of authorship constitutes a serious violation of the General Conditions. Such violation will result in immediate exclusion from the Network, deletion of the Account and, without prejudice to the application of further penalties provided by law, Maoten's right to compensation for any damages suffered (including legal costs and reputational damages).

5.2 Economic Management and Assignments

Should the Freelancer be selected by Maoten on behalf of the Client for the execution of Creative Services, the economic terms will be directly defined in the Assignment and/or in the separate Assignment Contract.

5.3 Intermediation Fee (Maoten)

The Freelancer acknowledges that Maoten, by virtue of the coordination, selection and project management services provided, and all related activities, is entitled to retain a Fee as determined from time to time.

5.4 Prohibition of Evasion and Penalties

The Freelancer undertakes not to conclude directly with Clients any agreement that has the objective or effect of evading, circumventing or reducing the Fee due to Maoten. Any fraudulent attempt, direct or indirect, to circumvent the Fee due to Maoten (e.g., direct negotiation, partial invoicing) constitutes a serious and contractual violation. In such case, Maoten reserves the right to: a) request immediate payment of the entire Fee due, increased by a contractual penalty equal to twice the amount of the Fee evaded; b) proceed with immediate closure of the Account and permanent exclusion from the Network, without prejudice to the right to compensation for any further damages suffered, including reputational damages and legal costs.

5.5 Tax Responsibility

The Freelancer is not an employee of Maoten, therefore they will issue a regular invoice for the agreed compensation and will be solely responsible for their own tax and social security obligations.

6. Intellectual Property and Assignment of Rights

6.1 All intellectual property rights connected to the Platform and Website (including trademarks, logos, software, layout) are exclusively owned by Maoten.

6.2 All rights to works published in the Collaborative Archive (pre-existing projects) remain the property of their respective authors or holders. The Freelancer grants Maoten a free, non-exclusive and limited license for the purpose of publishing projects on the Website, and specifically for: (i) display in the Collaborative Archive; (ii) Maoten's institutional communication; (iii) promotional activities related to the community, including through social media or informational materials.

The license does not authorize Maoten to economically exploit the content, nor to transfer it to third parties for purposes other than those indicated above.

6.3 The Freelancer expressly declares and guarantees and under their responsibility: (i) to be the exclusive holder of all intellectual property rights on the works provided and published in the Collaborative Archive; (ii) that such works and content do not violate third-party rights and do not in any way infringe privacy or confidentiality rights of third parties; (iii) that each person depicted in the works has provided their consent to the use of their image; (iv) that the works do not contain defamatory, unlawful, discriminatory or otherwise prohibited material by law or by these General Conditions; (v) that the works in any case comply with applicable regulations and these General Conditions.

6.4 The Freelancer remains solely responsible for the lawfulness of the content provided and expressly indemnifies Maoten from any responsibility connected to the violation of the declarations in this article and/or to any complaints or claims by third parties relating to violations of intellectual property rights or other rights related to the content provided.

6.5 Without prejudice to other remedies, Maoten reserves at its sole discretion and without notice the right to (i) suspend the publication of individual works; (ii) remove works that it considers to be in potential violation of third-party rights or these General Conditions; (iii) suspend or delete the Freelancer's Account in case of violations. Where possible, Maoten will communicate the reasons for the suspension/deletion and any measures required for reactivation.

7. Confidentiality and Non-Disclosure

7.1 The Freelancer undertakes to keep confidential and not disclose to third parties, without prior written authorization from Maoten, all information of a confidential or sensitive nature of which they become aware by reason of access to the Network, including data and documents relating to Clients, projects and methodologies internal to Maoten.

7.2 The obligation of confidentiality remains valid for two years from the date of any cessation of participation in the Network.

7.3 The violation of this obligation may result in immediate exclusion from the Network, as well as the right to compensation for any damages suffered.

8. Privacy and Cookies

8.1 At the time of registration, the User expressly declares that they have read and accept both notices relating to the protection of personal data and cookies (Privacy and Cookie Policy).

8.2 With the express consent of the interested party, the data collected by the Data Controller may also be processed for marketing and/or profiling purposes for the sending of promotional and/or commercial communications.

8.3 The User may, however, exercise at any time all the rights recognized to them pursuant to Articles 15-22 of Regulation (EU) 679/2016 (so-called "GDPR") as per the appropriate notice, and contact the Data Controller at info@maoten.global.

9. Applicable Law and Disputes

9.1 The General Conditions are governed by Italian law and must be interpreted in light of this.

9.2 For any dispute arising in connection with the General Conditions, exclusive jurisdiction shall be vested in the Court of Milan or, mandatorily, in the Consumer Court.

10. Contacts and Assistance

10.1 For further information of an urgent nature and for any type of assistance in relation to the Platform, Users can contact the following email address: info@maoten.global.