Membership and Account Types
6.1. Membership Plans
The SKILLO platform offers different membership plans, including a Free Lifetime Membership. This plan provides access to a defined set of platform features (“Free Services”) at no charge for the lifetime of the user’s account and the SKILLO platform’s operation.
6.2. Nature of Free Lifetime Membership
- Revocable License: The Free Lifetime Membership is a revocable, non-exclusive, non-transferable, limited license to use the Free Services. It is not a sale of, or property interest in, the platform.
- Service Evolution: SKILLO reserves the right to modify, update, or discontinue specific features within the Free Services at any time. The core value of the membership is access to a basic, functional tier of the marketplace, not to a fixed set of unchanging features.
- Platform Continuity: “Lifetime” refers to the operational lifetime of the SKILLO platform. SKILLO may cease operations or discontinue the Free Lifetime Membership plan in accordance with the termination clauses of these Terms.
- Transition from Test Mode: Users who join during the Test Mode phase and are granted Free Lifetime Membership retain this status after the Test Mode concludes. This membership is personal to the account created during the Test Mode and is subject to the same terms.
6.3. User Responsibilities
Regardless of membership type, all users (Service Providers and Seekers) agree to:
- Comply with all applicable Belgian laws and regulations.
- Provide accurate account information.
- Be solely responsible for interactions with other users.
- Understand that SKILLO acts solely as a marketplace facilitator and is not a party to service agreements between users.
6.4. Termination of Membership
SKILLO may suspend or terminate any account, including Free Lifetime Memberships, for violations of these Terms, fraudulent activity, or for any reason that threatens the security or integrity of the marketplace.
Critical Legal Implications for Belgium
In Belgium, simply calling a user a “self-employed member” is not enough. The law focuses on the actual working relationship. A rebuttable legal presumption of an employment contract exists if the platform’s control meets certain criteria.
| Belgian Legal Criteria for Platform Workers | How It Affects Your ToS & Operations |
|---|---|
| Rebuttable Presumption of Employment: If the platform’s control meets 3 of 8 (or 2 of 5 specific) criteria, the worker is legally presumed to be an employee. | Your ToS must explicitly define the platform’s role as a facilitator, not an employer. You must avoid controlling how work is done. |
| Key Control Criteria Include: • Imposing exclusivity in your field of activity. • Using geolocation beyond basic service function. • Restricting freedom on how to perform work. • Limiting the worker’s ability to set prices. • Imposing rules on appearance/conduct. • Using performance monitoring to assign work. • Restricting freedom to choose hours/refuse tasks. • Restricting ability to build an outside client base. | Your operations and algorithms must be designed to minimize these control factors. For example, allow price negotiation, don’t mandate uniforms, and avoid punishing for task refusal. |
| Accident Insurance Requirement: Platforms must provide accident insurance for self-employed platform workers. | You must factor in the cost of this mandatory insurance, even for “free” members, and state its provision in your ToS or a separate policy. |
Recommended Action Plan for Compliance
- Finalize with Legal Counsel: This template is a starting point. You must have it reviewed by a Belgian legal expert specializing in labor and platform economy law.
- Audit Platform Controls: Work with your developers to audit your platform’s algorithms and rules against the eight Belgian criteria to minimize employment classification risk.
- Secure Insurance: Arrange for the mandatory accident insurance for Service Providers operating in Belgium.
- Draft Clear Policies: Prepare clear, separate policies on accident insurance, data use, and dispute resolution that are referenced in and consistent with your ToS.