Terms of Service

Using Workeey

You must be at least 18 years old, old enough where you live to enter into a contract, and able to do so. If you use Workeey for a company, partnership or other business — including a business you own yourself — then “you” in these terms means both that business and you personally: you promise you are authorised to accept these terms on its behalf, and you and that business are each fully responsible for everything these terms require of you. If you open or use an account for someone else’s business without that authority, you are personally responsible for it. You are responsible for what happens under your account, so keep your password to yourself. Tell us at support@workeey.com if you think someone else has access to it. Our Privacy Policy, at workeey.com/privacy, is incorporated into these terms and forms part of them: it explains what we collect, who else sees it, and how long we keep it. Anything else we ask you to agree to for a particular feature forms part of them too. Where the Privacy Policy and these terms both speak to how we handle your data, the Privacy Policy governs that question; on everything else these terms come first.

You agree that we may give you these terms, our Privacy Policy, any change to either, and any notice, disclosure or record the law says must be in writing, electronically — in the app, on workeey.com, or by email to the address on your account — and that doing so has the same legal effect as giving it to you on paper. A notice counts as received when we send it or first show it to you, so keep the email address on your account current and tell us at support@workeey.com if it changes. To receive and keep these records you need a device with a current browser or the Workeey app, and an email account that can receive our email. You can withdraw this consent, or ask for a copy on paper, by writing to support@workeey.com — and if we can no longer give you electronically what the law requires us to give you, we may close your account.

You also agree that we may contact you about your account and your use of Workeey — by email, by a notification on your device, or in the app — including to confirm something, to warn you about a problem, to tell you about a change to these terms, or to reach you about money owed. These are part of the service and you cannot opt out of them while you have an account, though you can turn off notifications on your device. Anything we send you that is purely marketing is separate: you can tell us to stop at any time, and we will.

Guest accounts

Workeey lets you start without signing up. A guest account is real and your data in it is real, but it lives on the device you created it on, and it has no email address or password attached to it. That means we generally cannot recognise you on another device, and if that device is lost, replaced or reset, or its browser data is cleared, the account and everything in it will usually be unreachable to you — and we will usually have no way to satisfy ourselves that it is yours, so we will not be able to give it back. Our Privacy Policy describes where the data itself is held and how long it is kept. We may also close a guest account that has not been used for a long time. If you are running your business on Workeey, add an email address and a password to your account before you rely on it — you can add them from inside the app. To the fullest extent the law allows, we are not liable for a guest account, or anything in it, that becomes unreachable.

Who the account belongs to

If you let anyone else use your account — a partner, an apprentice, a spouse, someone in the office — everything they do counts as something you did, you are responsible for it and for what they can see, and these terms bind them as they bind you. The same applies if we later let you add other people to an account: you stay responsible for who you add, for what you let them do, and for keeping that list current.

An account belongs to the business it was opened for. Holding the login is not the same as owning it. If more than one person claims an account, we may ask any of them for proof — for example a business licence, photo identification, or confirmation of the payment method on file — and we may keep the account suspended until they agree or a court or other competent authority decides, may require whatever verification we think appropriate before letting anyone in, and may decide the matter ourselves — all in our sole discretion, and none of it obliges us to decide anything. To the fullest extent the law allows, we are not liable to anyone for how we handle an account that is claimed by more than one person. Being named on an account gives you no ownership right in the account itself.

Your data belongs to you

Everything you put into Workeey — your clients, jobs, invoices, notes, photos and anything else you enter — remains yours, and we claim no ownership of it. To run the service for you, you give us permission to host, store, copy, back up, transmit and display it back to you; to reformat, resize, compress, convert, encrypt, index and otherwise change its form where that is what makes a feature work, such as shrinking a photo so it will upload from a van or converting a video so it will play on a phone; and to send it where you direct it — to a client on an invoice you send, or to an integration you switch on. That permission extends to the companies that help us run Workeey, for those same purposes; it is non-exclusive, worldwide and royalty-free, neither of us pays the other for it, and it lasts as long as we hold the data, including in a backup that has not yet rolled over.

We use your data to provide, secure and support Workeey for you; to meet our legal obligations; to enforce these terms and to prevent fraud or abuse; to measure and improve Workeey; and as otherwise described in our Privacy Policy, which forms part of these terms. We do not use it to train artificial-intelligence models of our own, and data received from Google APIs is used only as set out in that policy.

We do not read your business records as a matter of course, except the questions you ask Workeey AI, which we may read as our Privacy Policy describes. We may, though, retain, access, preserve and disclose what is in an account in the circumstances our Privacy Policy describes — among them complying with the law, a court order or a legal request, enforcing these terms or investigating a possible breach of them, dealing with fraud, abuse or a security problem, answering a support request you make, and protecting the rights, property or safety of you, of us or of anyone else. Where a legal request concerns your account, we will generally try to tell you about it where we are permitted to and where we reasonably can — except where the law, a court or an investigation requires otherwise, or where we decide, in our sole discretion, that we should not. Where responding to one takes substantial time and cost, we may charge you a reasonable amount for that work.

While your account is open and reachable, you can export your data, and you can delete your account and the data in it, from your account settings. Our Privacy Policy describes what an export contains and what deleting does.

What belongs to us

Workeey — the app, the website, the software behind them, the name, the logo and the design — belongs to us or to the people we licence it from, and nothing in these terms transfers any of it to you. While your account is open and in good standing we give you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use Workeey for your own business, on the terms set out here. You may not copy, modify, translate, reverse-engineer, resell, rent or create a derivative of it, strip any notice of ownership from it, use it to build, train or improve a competing product or service, or use our name or logo without our written permission — except where the law that applies to you gives you a right that cannot be given up, in which case that right stands. Nothing in these terms prevents you from publishing a truthful review, comparison or assessment of Workeey.

Workeey is for running your own trade business. If you work for, own a part of, or are acting for a business that makes software competing with Workeey, you need our written permission before you use it — and by using it, you are telling us that you are not.

If you send us an idea, a suggestion, a feature request or any other feedback, you give us permission to use it in Workeey and in anything else we make, without payment, without credit, and without any obligation to keep it confidential. That is about the product, not about your business records: everything you put into Workeey stays yours under “Your data belongs to you” above.

What you may not do

• Break the law with it, or use it to harass, defraud or spam anyone.
• Upload someone else's personal information without a lawful basis to hold it. Your clients' details are your responsibility: you decide what to hold about them, and requests they make to your business are yours to answer. Nothing in these terms removes a duty the law puts directly on us.
• Upload or send anything you do not have the right to send, or anything unlawful.
• Pretend to be someone else, or misrepresent who you are, who you work for, or where something came from.
• Try to access another user's account or data, probe or attack our systems, or work around our security.
• Get around a limit, a block or a suspension we have put in place — by opening another account, by hiding where you are connecting from, or in any other way.
• Upload or send anything built to damage, disable or break into a phone, a computer or a network.
• Interfere with Workeey or the networks it runs on, or use it so heavily, or so automatically, that it degrades the service for anyone else.
• Take data out of Workeey by bot, crawler, scraper or other automated means, or use anything in it to train a machine-learning model.
• Harvest contact details out of Workeey in order to send anyone unsolicited messages.
• Use Workeey to advertise or sell something unconnected with your own work.

You promise that you are not located in or ordinarily resident in a country or region subject to comprehensive United States sanctions, that you are not named on any United States government list of restricted or prohibited parties and are not owned or controlled by anyone who is, and that you will not let anyone in that position use Workeey through you. You will not export Workeey, or make it available to anyone, in breach of United States export-control or sanctions law, or of any other law that applies to you.

If you seriously or repeatedly break these rules we may suspend or close your account. Where we reasonably can, we will warn you first and give you a chance to export your data — but where we suspect misuse of the text-message features, fraud, a security risk, or anything that exposes us or another person to liability, we may suspend, throttle or deactivate the feature or the account immediately, in our sole discretion and without notice.

Workeey AI

Workeey includes an assistant. It can answer questions about what is in your account and, when you ask it to, act in your account — for example create, change or delete a client, a job, a note, an appointment, an expense or an invoice, put a number on an estimate, mark an invoice as sent or paid, or change a setting — and it can reach whatever in your account the feature you are using needs. An action the assistant takes in your account on your instruction is treated, between you and us, as your own action. It can misunderstand you, and it can do more or less than you meant — so check what it did before you rely on it, and be aware that some of what it does cannot be undone. Do not give it an instruction you are not willing to have carried out, and do not put anything into it that you would not want acted on.

The assistant is built on artificial-intelligence models, some of them made and run by other companies. What it gives you is a best effort and nothing more. It can be wrong, incomplete, out of date, or confidently wrong; the same question can produce different answers at different times; and an answer you receive is not necessarily unique to you. It is not legal, tax, accounting, financial, insurance or other professional advice, it is not a substitute for a qualified professional, and it does not speak for us. Check what it produces before you rely on it, and check it again before you send it to a client or to a tax authority. To the fullest extent the law allows, you use the assistant, and rely on what it produces, at your own risk, and “Our liability” below applies to it in full.

An estimate or a price the assistant helps you produce is a draft for you to change. You set your own prices and make your own commercial decisions; we do not set them, require them, or coordinate them with anyone else who uses Workeey.

When you use the assistant you must not try to get around its instructions or its safety limits, get it to reveal how it was built or what it was trained on, use it to extract personal information about anyone outside your own records, give it content you do not have the right to give it, put a child's personal information into it, or present what it produces as written by a person or as checked or endorsed by us. We may limit, throttle, suspend, change or withdraw the assistant, or any part of it, at any time and in our sole discretion.

What is sent to those companies when you use the assistant, what is not, and what may be done with it is set out in our Privacy Policy. If we ever let you connect Workeey to an artificial-intelligence tool of your own, what that tool does in your account is your responsibility, its provider's terms govern what happens to your data once it leaves us, and to the fullest extent the law allows we are not responsible for anything it does, and have no obligation to reverse it or to restore what it changed.

Plans and payment

Workeey has a free plan. Paid plans are billed monthly in advance and renew automatically until you cancel. You can cancel at any time and you keep the paid features until the end of the period you have already paid for. What you pay us is not refundable, and we do not give pro-rated refunds for part of a billing period, except where the law requires it or where these terms say otherwise — see “Availability” and “Changes to these terms”. Prices do not include sales, use, VAT, GST or any similar tax. Where we are required to collect one on what you pay us, we will add it to your bill; where you are required to pay one directly, that one is yours, and every tax on your own business and on what you charge your clients is yours as well. You authorise us to charge the payment method you have given us for every amount that falls due, including any such tax, until you cancel. If a payment fails we may retry it, and if it stays unpaid we may downgrade your plan or suspend the paid features, after telling you where we reasonably can — you remain responsible for what is owed and for the reasonable costs of recovering it, including legal and collection fees and interest where the law allows.

We currently use Stripe to process payments, and we may change or add a payment processor. Card details entered in the payment form go straight to the payment processor; we do not receive your card number through it. Do not put card numbers, security codes, bank passwords or one-time codes into notes, photos, messages, support requests or the assistant — those are not payment fields. If you switch on card payments so your clients can pay an invoice you sent them, you also agree to the Stripe Services Agreement and the Stripe Connected Account Agreement as Stripe publishes them from time to time, and you are responsible for the accuracy of what you give Stripe. You remain responsible for chargebacks, refunds, reversals and the fees that come with them on payments made to you — including card-not-present transactions — and we may bill them to you, or set them off against anything we owe you. Payments taken through Workeey carry a processing fee. We set that fee, and we may change it and the way it is worked out on reasonable notice. We may review, limit, decline or withdraw access to the payment features at any time, in our sole discretion, including where a processor or a card network requires it, and Workeey is not liable for the acts or omissions of any third-party payment processor. If we change our prices, we will tell you before the change affects you, and you can cancel.

If you subscribe through an app store rather than through us, that store takes the payment and its own terms govern the purchase. Cancelling, and any refund, go through that store's subscription settings and its refund policy rather than ours, and there may be things about that subscription we can neither see nor change.

Some features are limited by plan. We may change what each plan includes, add or adjust a limit, or move a feature between plans; where a change materially reduces what you are paying for, “Availability” below applies.

Invoices, estimates and money

Workeey helps you create invoices and estimates, and helps you keep track of who has paid. It is a record-keeping tool, not an accountant, not a bank and not a payment processor. Where a client pays you through Workeey, the payment is handled by a payment provider and is made into your own account with that provider; we do not hold your money, we do not act as an escrow, a trustee or a money-transmission service, we are not a party to any contract between you and your client, and we are not responsible if a client fails to pay you. Whether an invoice is correct, and whether the tax on it is right, is between you and your accountant.

Where you connect your bank so Workeey can match money arriving against your unpaid invoices, Workeey may mark an invoice paid on its own, or ask you to confirm a match — either way that is Workeey’s guess, not proof that you have been paid. Workeey may miss a payment, or point at the wrong invoice. What your bank and your accountant tell you is what counts, and any figure, total or status Workeey shows you is for your convenience and is yours to check before you act on it or file it.

Other companies Workeey works with

Workeey connects to services other companies run — payments, accounting, calendars, bank data, maps and addresses, message delivery, artificial intelligence, and others we may add. Those connections are there because they are useful, not because we vouch for them: we do not endorse them, we are not a party to your relationship with them, and their own terms and privacy policies govern what they do. Naming one here or in the app is not a recommendation.

When you switch a connection on, you are telling us to exchange data with it on your behalf, and you are confirming you have the right to do so. A two-way connection can add, change or remove things on both sides — that is what makes it useful, and it is also what makes it worth checking. To the fullest extent the law allows, we are not responsible for what any of those companies do or fail to do, for their outages, errors, delays, charges, security or changes to their terms, or for a Workeey feature that stops working, changes, or has to be withdrawn because one of them changed, priced, restricted or ended what it offers us. Any connection may be limited, suspended or removed at any time, in our sole discretion or because the other company requires it.

Text messages sent on your behalf

If you turn on payment reminders or another text-message feature, Workeey sends those texts to your clients for you, from a number associated with the service, identifying your business. You choose when they go out, and you can turn them off at any time. Because they are your clients, the consent is yours: by enabling the feature you confirm that your clients gave you their phone numbers and that you have whatever permission the law where you operate requires to text them about your work together. If a client replies STOP, Workeey stops texting them automatically — do not re-enroll someone who has opted out. If a client replies HELP, Workeey answers automatically with who is texting them, that they can reply STOP to opt out, and how to reach us at support@workeey.com. Message frequency varies: it depends on the invoices you send and the reminders you switch on. Recipients may be charged standard message and data rates by their carrier, and mobile carriers are not responsible for delayed or undelivered messages.

You are the sender and originator of every message Workeey transmits at your instruction, and every such message is your own communication, sent on your behalf. Messages go to the contact details you have entered, at or around the time you asked for. Where Workeey supplies or suggests wording, or fills your details into it, the message that goes out remains yours — it is for you to choose or change that wording and to satisfy yourself, before it is sent, that it is accurate and lawful. Workeey is the means of delivery, not the sender. You warrant that you have obtained, and will keep a record of, the prior express consent each recipient is required to give, and that your use of the messaging features complies with the Telephone Consumer Protection Act and its regulations, the Telemarketing Sales Rule, the CAN-SPAM Act, state telemarketing and messaging laws, the federal, state and internal do-not-call and do-not-message lists, and the rules and codes of conduct of the mobile carriers and messaging providers that carry the message. You will not use Workeey to send marketing, promotional or political messages, or anything unlawful. You will pass on to us promptly any request to stop that a recipient makes to you outside Workeey, and you will not treat a reply of STOP as the only way a recipient can withdraw permission. Use reminders only for amounts that are accurate and lawfully owed; stop them once you have been paid or once the amount or the identity of the person owing it is disputed, and do not use them to add a charge the underlying agreement does not allow. We may monitor, throttle, suspend or deactivate messaging at any time, in our sole discretion and without notice, where we suspect any of this has been broken.

Routing and directions

Route suggestions are estimates from map data and are provided for convenience. Roads change, traffic exists, and maps are wrong sometimes. Use your judgement, obey the road rules, and do not use the app while driving.

Keeping your account secure

Choose a password you do not use anywhere else, keep it to yourself, and tell us at support@workeey.com if you think someone else has it. An account has one owner, and if you share your login, what is done with it is still yours. No service is perfectly secure, and nothing sent over the internet is. To the fullest extent the law allows, we do not warrant that Workeey, or anything travelling to or from it, cannot be intercepted, accessed or interfered with, and we are not liable for a loss that follows from your password, your device, your email account or your phone number being in someone else's hands.

Your data, backups and storage

Photos and videos may be reduced in size or quality when they are stored, so what you download later may not match the file you started with — keep your own copies of anything you need. Storage counts against your plan’s limit, and we may change how it is measured on reasonable notice.

Keep your own backup of anything you cannot afford to lose. Workeey is a tool for your records, not a vault: to the fullest extent the law allows, we do not promise that what you put into it will be kept, kept unaltered, or recoverable, and we are not liable for data that is lost, corrupted, deleted, made inaccessible or never stored in the first place — however that happens, including through a fault of ours, a provider we depend on, something done by you or by anyone using your account, or a suspension or closure under these terms. We may set and change limits on how much can be stored and for how long, and we may remove what is over a limit, telling you first where we reasonably can.

Early features, and features that are not built yet

Parts of the app are labelled “coming soon”. They are exactly that: not built. We do not charge for them, and nothing in the app, on our website, in anything we publish or in anything we say to you is a promise that a particular feature will ship, or ship by a particular date.

We may also let you try something early — labelled beta, preview, experimental or something similar. Early features are unfinished by definition. To the fullest extent the law allows they are provided as they are, with no warranty of any kind; they may be wrong, may lose or mangle what you put through them, may change completely, and may be withdrawn or never finished, at any time and in our sole discretion, along with anything held only inside them. Do not run anything you cannot afford to lose through an early feature.

If you got Workeey from an app store

Workeey is available on the web and as an app for Android through Google Play, and we may also make it available through Apple's App Store or another store. If you get it that way, this section applies as well as everything else here.

Your agreement is with us, not with the store. The app is licensed to you, not sold, for use on a device you own or control, and that store's own usage rules apply on top of these terms. The store has no obligation to provide any support or maintenance for Workeey. Except where that store's own terms require otherwise, the store gives no warranty for Workeey; if Workeey fails to meet a warranty the store cannot disclaim, you may tell that store and, where its terms provide for it, it may refund what you paid it for the app — and beyond that it has no liability to you. We, not the store, are responsible for Workeey, for its content, for any support we choose to offer, and for any claim that it is faulty, fails to meet a legal requirement, infringes anyone's rights, or breaches consumer-protection or privacy law — always subject to “Our liability” below, to the fullest extent the law allows. Questions, complaints and claims about the app come to us at support@workeey.com.

Apple Inc. and Google LLC, and their subsidiaries, are third-party beneficiaries of these terms as they relate to the version of Workeey obtained from their store, and may enforce these terms against you as such. You confirm that you are not in a country subject to a United States government embargo or designated by it as supporting terrorism, and that you are not on any United States government list of prohibited or restricted parties. An app may deliver and install its own updates — bug fixes, security patches and similar — and by installing it you agree that it may; if you would rather it did not, remove the app.

Content in Workeey, and copyright complaints

We do not review what you put into Workeey as a matter of course, and we have no obligation to — except the questions you ask Workeey AI, which we may read as our Privacy Policy describes. We may, though, remove or disable access to anything stored in Workeey, refuse to transmit anything, and keep a copy of anything we have removed, where we believe it breaks these terms or the law, or exposes us or anyone else to liability — without notice where the risk is immediate. If you believe something in Workeey infringes your copyright, write to us at support@workeey.com with what the Digital Millennium Copyright Act requires: your signature, the work you say was infringed, where the material is in Workeey, your contact details, your statement that you believe in good faith that the use is not authorised, and your statement under penalty of perjury that the information is accurate and that you are the owner or authorised to act for them. We will look into it, and we may remove or restore material as that Act provides. We will tell the user that material was removed, and where they send us a counter-notice we will deal with it as that Act provides. It is our policy, in appropriate circumstances, to close the accounts of users who infringe copyright repeatedly.

Availability

We work hard to keep Workeey up, but we do not promise it will never be unavailable. We may take it down for maintenance, and we may change or remove features. We may also suspend or discontinue Workeey, or any part of it, or any plan, at any time and in our sole discretion. If we discontinue it altogether we will tell you beforehand where we reasonably can, give you a chance to export your data, and refund the unused part of the current billing period you have paid us directly for (if you bought through an app store, see “Plans and payment”). If we make a change that materially reduces what a paid plan gives you, we will tell you where we reasonably can, and you may cancel and get back the unused part of the current billing period you paid us directly for.

Workeey can hold work you do while you have no signal and send it on when you do. That is a convenience, not a guarantee: to the fullest extent the law allows, we do not promise that something entered offline will arrive, arrive in order, or arrive in time, and the same goes for a reminder, a notification or a message we send on a schedule. If it matters, check it in the app.

We may also limit, slow or suspend an account that is taking a disproportionate share of the service — automated traffic, or use far beyond what one tradesperson's business generates — with notice where we can reasonably give it.

Before we act

Where we are about to remove something, withhold a feature, or suspend or close an account, we will tell you first and give you a chance to put it right, whenever we reasonably can. We will not always be able to: we may act immediately and without notice where doing otherwise would risk harm or liability to you, to us or to anyone else, would break the law or a legal order, would get in the way of an investigation, or would put the security or integrity of Workeey at risk. Nothing in this section limits a right these terms give us elsewhere to act immediately and without notice.

Ending it

You may stop using Workeey and delete your account whenever you want, from your account settings. When you delete your account we cancel a subscription you bought directly from us, and we do not refund the part of the period you have already paid for. If that does not go through, tell us at support@workeey.com and we will cancel it. A subscription bought through an app store is not ours to cancel — cancel that one in the store. Deleting your account cannot be undone, so please export anything you want to keep before you do it. We remove what we hold as described in our Privacy Policy under “How long we keep it”. We may close an account that has broken these terms, or a free account that has been inactive for a long time. Where we reasonably can we will give you notice and a chance to export first, but we may act immediately and without notice in the circumstances described under “What you may not do” and “Before we act”. We may also suspend or close an account, or withhold a feature, where the law, a court, a regulator, a payment processor, a carrier or another provider requires it of us, or where continuing would expose us or someone else to liability — in our sole discretion, with notice where we can reasonably give it. To the fullest extent the law allows, we are not liable to you or to anyone else for a suspension or closure made under these terms, or for data that becomes inaccessible as a result.

Our liability

To the fullest extent the law allows, Workeey — the app, the website, and everything we provide or do under these terms and our Privacy Policy — is provided “as is” and “as available”, and we make no warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, and none arising from a course of dealing or a usage of trade. We do not warrant that it will be uninterrupted, timely, secure, error-free or free of harmful components, that any figure, record, match, reminder, estimate, route, message, answer or other result it produces will be accurate or complete, or that any integration, messaging or payment feature will keep working; and you use it, and rely on what it produces, at your own risk. This applies to everything arising out of or related to these terms, our Privacy Policy, or your use of Workeey.

To the fullest extent the law allows, we are not liable for lost profits, lost revenue, lost business, lost goodwill or reputation, lost or corrupted data, a lost opportunity, an anticipated saving that does not come, the cost of getting the same thing somewhere else, or any indirect, incidental, special, consequential, exemplary or punitive loss — whether or not we knew, or were told, that such a loss was possible. Where we are liable, our total liability to you for everything arising out of or related to these terms, our Privacy Policy, or your use of Workeey — whether the claim is in contract, tort, statute or otherwise, and however many claims there are — is limited in the aggregate to the greater of the amount you paid us in the twelve months before the claim, or one hundred US dollars ($100). If you have never paid us anything, that limit is one hundred US dollars.

If you are unhappy with Workeey, or with these terms, you can stop using it and close your account. Nothing in these terms excludes or limits our liability for our own fraud or wilful misconduct, for death or personal injury caused by our negligence, or for any other liability that the law applying to you does not allow us to exclude or limit.

Where the law that applies to you allows a limitation period to be shortened by agreement, any claim you bring relating to Workeey must be started within one year of when it arose; after that it is permanently barred. Where that law does not allow it, the period that law sets applies instead.

Workeey is a tool for running a business, and most people use it in the course of their trade — which usually means you are acting as a business, not as a “consumer,” and consumer-protection laws may not apply to you. Where you genuinely are a consumer under the law that applies to you, nothing in these terms removes the rights that law gives you.

Some places do not allow some of these exclusions or limits. Where that is so, this section, the warranty disclaimer above and “If your use of Workeey causes a claim against us” below apply only as far as the law that applies to you permits, and everything in them that is permitted stays in force. If you are in New Jersey, those provisions are intended to be only as broad as New Jersey law allows, and if any part of them is invalid there, the rest of them still stands.

If your use of Workeey causes a claim against us

To the extent the law that applies to you allows it, you agree to cover Workeey — its people, and its reasonable costs including legal fees — against any third-party claim, demand, loss or fine that arises from the data you put into Workeey or the way you use it. For example: a claim by one of your clients about information you stored about them; a claim by anyone who received a message sent at your instruction, including under the Telephone Consumer Protection Act or any other telemarketing or messaging law; a chargeback or payment dispute raised by one of your clients; a claim arising from something the assistant did in your account at your request, or from a connection you switched on; or a claim that you used the app to break the law or someone else’s rights. We will tell you about any such claim, and a delay in telling you does not reduce what you owe under this section except so far as the delay actually prejudiced you. We may let you run the defence, or take over the defence and settlement of it ourselves, and you will co-operate with us where we reasonably ask; you will not settle anything that places an obligation on us, or admits anything on our behalf, without our agreement. None of this requires you to cover us for our own fraud or fraudulent misrepresentation.

Disputes — arbitration, and no class actions

This section changes your legal rights, so please read it. If you are in the United States: any dispute between you and Workeey that we cannot settle informally will be resolved by binding, individual arbitration — not in court, and not before a jury — except that either of us may still bring an individual claim in small-claims court, either of us may ask a court for an injunction to stop misuse of the service or of intellectual property, and either of us may ask a court for temporary relief to preserve evidence or data, to protect property, or to prevent immediate and serious harm — and asking for it gives up no right to arbitrate. This section applies to any dispute arising out of or relating to Workeey or to your relationship with us, whenever it arose, including one that arose before you accepted these terms or a previous version of them. The arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules, or its Commercial Arbitration Rules where the AAA determines the consumer rules do not apply, which are published at adr.org, before a single arbitrator. It is decided on documents, by telephone or by video unless the arbitrator decides otherwise, or in person in the county where you live if you ask for that. Those rules govern who pays the filing, administration and arbitrator fees; where they make you responsible for a fee larger than it would cost to file the same claim in court, we will pay the difference. If the AAA will not administer it, we will agree on another established administrator, and if we cannot agree, a court may appoint one. The arbitration, and any ruling or award in it, is confidential to the people taking part, except where the law or a court requires otherwise or where disclosure is needed to enforce or challenge the award.

You and Workeey each give up the right to bring or join a class action, collective action, or representative action; disputes are handled one person at a time. This does not give up a right to ask for public injunctive relief that the law does not allow anyone to give up: a request for that relief may be made in court, is not covered by the giving-up of representative actions, and does not stop the rest of a dispute being arbitrated one person at a time. You may opt out of this whole section — the arbitration and the giving-up of class, collective and representative actions together — by emailing us at support@workeey.com within 30 days of the day you first accept these terms, or, if you already had an account when this section was added, within 30 days of that date; whichever is later. Tell us your name and the email address on your account — or, if you are using a guest account and have no email address on it, enough detail for us to identify the account — and say plainly that you are opting out. No particular wording is needed, as long as what you mean is clear. Opting out will not affect anything else in these terms, and we will not hold it against you.

Before starting an arbitration or a small-claims case, you agree to tell us about the dispute in writing at support@workeey.com, and we agree to do the same to the email address on your account. The notice must be signed by you personally, and must give your name, the email address on your account, what happened, and what you want. For sixty days after that notice we will each try in good faith to settle it, and either of us may ask for an individual settlement conference; the deadline for bringing the claim pauses while that runs. Neither of us may start an arbitration or file in small-claims court before those sixty days are up, and an arbitrator or a court may refuse to hear a claim brought before the notice was given.

If twenty-five or more demands for arbitration raising similar claims are filed against us by or with the help of the same lawyers or the same coordinated group, those demands will be treated as a mass arbitration and arbitrated in staged batches of no more than fifty at a time, with a single arbitrator appointed for each batch, and to the extent the administrator’s rules allow, no filing or administrative fee falls due for a case in a batch that has not yet been staged. Every deadline pauses for a case that is waiting for its batch, and either of us may ask the administrator to appoint a process arbitrator to decide how the batching runs. Where the administrator has rules for mass or multiple filings, those rules apply. Nothing in this paragraph holds a claim back indefinitely or joins claims into one proceeding: each claim stays individual, and a decision in one binds nobody who was not a party to it.

If we materially change this section in the future, you may reject that change by writing to us at support@workeey.com within 30 days of it taking effect, in which case the version of this section you last accepted continues to govern disputes between us. This section survives the closing of your account and the ending of these terms.

If you are in the United Kingdom, the EU, or anywhere else whose law does not let us require this of you, this arbitration section does not apply to you: you keep the right to bring a claim in your local courts.

If any part of these terms is found unenforceable, that part is narrowed or removed to the smallest extent needed, and the rest of these terms stays in force — except that the giving-up of class, collective and representative actions in “Disputes — arbitration, and no class actions” is not severable. If that waiver is found unenforceable as to a particular claim, the whole of that arbitration section stops applying to that claim, and that claim alone goes to the courts named under “Governing law and where disputes are heard” below; the rest of these terms, and that arbitration section as to every other claim, stay in force. Nothing in these terms is to be read as permitting an arbitration to be conducted on a class, collective, consolidated or representative basis. The arbitrator decides any question about the meaning, scope or enforceability of that arbitration section, except that a court decides whether the giving-up of class, collective and representative actions is enforceable.

Changes to these terms

We may update these terms — to match a change to Workeey or to how we run it, for legal, regulatory or security reasons, or to deal with abuse. If a change materially affects your rights, we will tell you before it takes effect — in the app, by email to the address on your account, or on workeey.com. If you keep using Workeey after a change takes effect, that counts as accepting it. If you do not accept it, you can stop using the app and close your account — and if you had already paid us directly for a period you have not used, we will refund the unused part of the current billing period (if you bought through an app store, see “Plans and payment”).

A change applies from the day it takes effect and not before, and it does not apply to a dispute between us that had already arisen — except that “Disputes — arbitration, and no class actions” applies as that section itself says, including to a dispute that arose earlier, and where you have rejected a change to that section under it, the version you last accepted governs that dispute.

The rest of the agreement

These terms, our Privacy Policy, and anything else we ask you to agree to for a particular feature are the whole agreement between you and us about Workeey, and they replace anything said or written before. We may transfer or assign them, in whole or in part, to anyone who takes over the business or the part of it that runs Workeey; you may not transfer yours without our written permission. If we do not enforce something straight away we have not given it up, and enforcing it once does not oblige us to enforce it the same way again. We are not responsible for a failure or a delay caused by something outside our reasonable control — among other things an outage at a provider we depend on, a network or power failure, a change forced on us by a platform, a carrier, a bank or a payment processor, a natural event, an epidemic, a labour dispute, war, terrorism, or an act of government.

These terms were written in English, and the English version governs: if we offer a translation for convenience and it differs, the English one is the agreement. We do not promise support in any other language. Headings are there to help you find things and have no legal effect of their own; “including” and “for example” never limit what comes before them; and a printed copy of these terms, or of any notice given electronically, may be used in any proceeding to the same extent as any other business record kept on paper.

Notices to you may be sent to the email address on your account or shown to you in the app; notices to us go to support@workeey.com. Nobody other than you and us may enforce these terms, except that the people and companies who work for us, supply us or license anything to us, protected under “Our liability” and “If your use of Workeey causes a claim against us”, may rely on those sections, and Apple and Google may rely on “If you got Workeey from an app store” as that section says. Anything that by its nature should outlast the agreement — the permission you give us under “Your data belongs to you”, payment, “What belongs to us”, “Our liability”, the indemnity and “Disputes” — carries on after your account is closed.

Contact

Anything about your data: privacy@workeey.com. Everything else: support@workeey.com.

Governing law and where disputes are heard

These terms, and any dispute arising out of or related to them, to your use of Workeey, or to our handling of your data — whether the claim is framed in contract, tort, statute or otherwise — are governed by the laws of the State of New York, USA, without regard to its conflict-of-laws rules and without regard to the United Nations Convention on Contracts for the International Sale of Goods. How a dispute is actually resolved is set out under “Disputes” in our Terms of Service, and that section comes first. Where a claim does belong in court, it belongs in the state or federal courts sitting in New York, and you consent to their jurisdiction — except that where the law that applies to you gives you a right you cannot be asked to give up, that law governs to the extent of the conflict, and if you are a consumer you may also bring proceedings where you live.

Company details

Yossi Grunwald, trading as Workeey — a sole proprietorship in the State of New York, USA. Workeey runs the Workeey app and the website at workeey.com, and is the business you are contracting with when you use either.

Anything about your data — a question, or a request to see, correct, export or delete it: privacy@workeey.com; everything else, including any notice these documents ask you to send us: support@workeey.com. Both reach us.