Software that helps home improvement & commercial contractors succeed

Wurkzen

TERMS AND CONDITIONS

These Terms and Conditions (“Terms or Agreement”) governs your use of Wurkzen’s services, websites, and our platforms, including our mobile applications, (“the Site”, “App”, “Us”, “We,” “Our”, “Company”, “Website”, “Wurkzen”). By using any of our services, website, subscriptions, or platforms, including our mobile applications (collectively, the “Services”) you signify that you have read, understand, and agree to be bound by these Terms and Conditions (“Terms” or “Agreement”). These Terms and Conditions apply to all users of the Services, including browsers. As used herein, “You, “User” or “Users” means anyone who accesses and/or uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website or within the mobile application. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to Services following the posting of any changes constitutes acceptance of those changes.

This is a legal agreement between You and Wurkzen, Inc. You should carefully read this agreement and the Company’s Privacy Policy, which is incorporated into and are part of this agreement. YOU MAY NOT USE OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.

These Terms and Conditions were last updated on June 14, 2021.

Section 1 – Account Creation.

You need an account for most Services provided by the Company. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You must be at least 18 years or older and capable of entering into legally binding agreements in order to use our Services. You may not create more than one account.

You have complete responsibility for your account and everything that happens on your account, including for any costs, fees, or damages incurred by you or someone using your account with or without your permission.

Section 2 – End User License Agreement.

2.1.     Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service, including our mobile application. The Company has the right to terminate your access to our Services at any time for any reason or for no reason. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service.

2.2.      Our mobile application transmits certain data to the Company about or relating to the device in which it is installed, including information about Users’ access and use of the application. The information collected will be deemed User Content under the Agreement and subject to applicable terms therein.

2.3       Any new features or services which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement.

2.4       The Services are subject to applicable United States export laws and regulations. User must comply with all applicable laws and regulations, including without limitation all applicable United States and international export laws and regulations, with respect to the Services. Without limitation, Customer may not export, re-export or otherwise transfer the Services or related technology, without a United States government license: (i) to any person or entity on any United States export control list; (ii) to any country subject to a United States sanctions; or (iii) for any prohibited end use.

2.5       As a condition of your use of and access to the Service, you shall not: (a) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code; (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service; (c) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program; (d) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (e) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for anything of value; (f) violate any applicable law; or (g) allow another person or entity to use your identity in order to access the Service.

Section 3 – Compliance with Laws

3.1       Our Services, including our Customer Relationship Management Services, allows you to manage your relationship with your customers, including storing their information and contacting them. You agree you will follow all laws, rules, regulations, and industry standards related to your use of the Services, including but not limited to, as applicable, the Telemarketing and Consumer Fraud & Abuse Prevention Act, Telephone Consumer Protection Act of 1991, and The Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003.

3.2       Without limiting the foregoing, you agree that you may not use the Services to transmit or disseminate any: (i) unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers; (iii) material or data, that is illegal, or material or data that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of us and/or our third party service providers or any third-party service provider involved in the provision of the Services.

3.3       You acknowledge and agree that certain Laws and the policies of the carriers and other service providers may limit the types of businesses or content that may be transmitted via SMS Text message or email. You agree to abide by these Laws and any policies we make available in the Services and we reserve the right to limit your future access to the Services if you do not comply.

3.4       You confirm that you will comply with applicable Payment Card Industry Data Security Standards, (“PCI DSS”) and the National Automated Clearing House Association (“NACHA”) rules, as applicable, if you collect any payment information through the Service. You agree to bind your Users of the Service to any restrictions in these Terms of Service, including, but not limited to, those stated above.

Section 4 – Privacy and Protection of Personal Information.

4.1       Notwithstanding anything else to the contrary contained in this Agreement, Company’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site or use of our Services shall be governed by our Privacy Policy, which is incorporated into and part of this Agreement. For further information regarding the Company’s protection of your personal information, please refer to our Privacy Policy.

4.2       If you collect, store, input, access or otherwise obtain personal private information about your customers on or through the Service, you agree to post and comply with a privacy policy that informs your customers from whom you collect information that you and third parties may collect information about their interaction with your business or the Service, and how you handle that information. For your convenience, we may offer a sample privacy policy that you may adopt, customize or draw from to draft your own terms and privacy policy, but these model documents are for informational purposes only and should not be considered or relied upon as legal advice or legal documentation.

4.3       By using the Service, you may receive information about Customers or other third parties, which you should keep confidential and use only in compliance with any applicable laws or regulations. You may not use such information for marketing purposes unless you receive the express consent of the customer or other third party. You agree that you remain solely responsible for your compliance with applicable Laws.

Section 5 – Third Party Links.

5.1       Through your use of the Service, you may be provided with hyperlinks or opt-in selections to other Internet sites or resources, including hyperlinks provided by third-party advertisers and sponsors to the Service. We make no representation or warranty as to those sites and resources, or the advertising material presented by third-party advertisers and sponsors through the Service. You agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.

5.2       Through your use of the Service, you may be provided with insurance quotes or referrals for insurance companies, payroll services, and other professional services, including CPAs. This Service is contracted and provided through a third-party, not by Wurkzen, Inc. That service is free for you to use. The contracted party may receive commission and fees. This service is only available to the residents of the United States. Any insurance offered by insurance companies may not be available in all states.  Wurkzen is not an insurer, nor does Wurkzen provide legal or professional advice. Any insurance offered to you is provided to you by the party listing the insurance policy, and not Wurkzen. The terms and conditions of any insurance product offered to you are provided by the insurance providers based on their underwriting and may vary based on a number of factors solely as determined by the insurers. We don’t provide advice or endorse insurance products or insurance companies that appear on our website or other communication channels. As a result, it is your sole discretion whether to take out a policy based on a quote you get through our service and to make sure the policy that is of interest to you meets your specific needs. The quotes provided to you are provided to us by third parties. We do not guarantee their accuracy and whether they are the most current quotes available, nor do we guarantee that the insurance offered by the providers on our website or other forms of communication includes the best terms or lowest rates available in the market. We will pass the information we collect from you to third parties in order to provide our Services.

Section 6 – Intellectual Property. 

6.1       Certain information available through the Service is the property of the Company and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purpose whatsoever without the prior written consent of the Company. The Wurkzen logo, and any other marks used on the Site are trademarks of Wurkzen, Inc. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.

6.2       During your use of the Services, Users may upload, submit, or make available information, feedback, graphics, and other content to the platform (collectively, “User Content”). This allows Wurkzen to provide our Services to You, including to generate your website. Users retain the rights to User Content, however, by using the Services, you grant Wurkzen an automatic, worldwide, non-exclusive, royalty-free, perpetual license to use, copy, reproduce, adapt, modify, publish, display, transfer, sublicense and distribute your information for any purpose and in any and all media or distribution methods (now known or later developed). This includes a license to include your User Content and list your business on the Wurkzen Marketplace. By using the Services you agree that you will not be entitled to any compensation from Wurkzen for your information or for use of your information, including promotional or commercial uses.

Section 7 – Subscription Fee and Subscription Period

7.1       Certain Services are only available with an auto-renewing subscription. The Subscription Period will be selected by the User upon signing up for our Services. The subscription fee varies by level of service and Subscription Period selected. During the Subscription Period the User may access the Services. At the end of each Subscription Period, your subscription will be automatically renewed for successive Subscription Periods until cancelled. If you do not wish to continue your subscription, you may terminate your subscription before your current subscription period ends. Subscription prices may change from time to time and by continuing to use Wurkzen you agree to the price change.

7.2       The Company may offer certain customers various trial or other promotional subscriptions to the subscription plan, which are subject to these Terms except as otherwise stated in the promotional offers. Trial subscribers may at any time choose to cancel at any time prior to the end of the trial period. If you do not cancel during the trial period, users will automatically be enrolled in a paid subscription. If Users cancel during the trial period, your access to the subscription services will be terminated upon the expiration of your trial period.

7.3       Upon registering for a subscription, Users are required to provide a valid payment method. Subscription Fees must be paid using a lawfully issued credit or debit card for which you have authorization to make a charge. Wurkzen reserves the right to block access to your Account until a valid credit or debit card has been provided to cover all charges incurred by you. You are solely responsible for any late payment charges, overdraft fees or other charges incurred by you as a result of your use of a credit or debit card to pay a subscription fee.

7.4       Wurkzen reserves the right to change the price for a Subscription Period at any time. Price changes for a Subscription Period will take effect at the start of the next Subscription Period following the date of the price change and will be communicated to Users affected by the change before such date. By continuing to use the Services after the price change takes effect, you agree to accept the new price.

7.5       You may cancel your subscription of the Services at any time, and you will continue to have access to the Services throughout your Subscription Period. We do not provide refunds, right to return for a purchased subscription, credits for any partially used subscription or unused Account, or by reason of your dissatisfaction with the Services. As the subscription gives you access to the Services instantaneously after the purchase, Wurkzen does not offer a right of return (such as refunding the subscription fee). To cancel your Subscription, go to the profile settings when logged in on your User Account and follow the instructions for cancellation.

Section 8 – Marketplace.

8.1       Wurkzen operates as an online marketplace that connects Service Businesses with consumers. Wurkzen does not employ, endorse, or control the services businesses. Wurkzen may receive a referral fee from customers and/or Service Businesses that use the marketplace. Users operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for consumers through the Marketplace. Wurkzen does not control or direct the User’s performance of their services or set their work locations or work hours. Users provide services under their own name or business name, and not under Wurkzen’s name. Users are free to accept or reject consumers and contracts. Users are not penalized for rejecting consumers, though if Users accept a customer through the Marketplace they are expected to fulfill their contractual obligations. Wurkzen is not an employment agency service or business and Wurkzen is not an employer of any User. Users acknowledge and confirm that they are responsible for exercising their own business judgment in entering into contracts through the Marketplace.

8.2       If a User enters into a contract with a consumer through the Marketplace, the contract is a contractual relationship directly between the User and the consumer. Each party has complete discretion both with regard to whether to enter into a contract with each other and with regard to the terms of any contract. You acknowledge, agree, and understand that Wurkzen is not a party to any contract between the User and the consumer, that the formation of a contract between Users will not, under any circumstance, create an employment or other service relationship between Wurkzen and any User or a partnership or joint venture between Wurkzen and any User.