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. However, for any material changes that affect user rights or obligations, we will provide prior notice via email, in-app notifications, or other appropriate means at least 30 days before the changes take effect. Your continued use of or access to Services following the posting of any changes constitutes acceptance of those changes. If you do not agree to the changes, you must discontinue use of the Services before the effective date of the updated Terms.
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 is 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 March 31, 2025.
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 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.
Company’s relationship with its affiliates, resellers, and referral partners are governed by separate terms and conditions for such relationships.
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 reserves the right to terminate your access to our Services, provided that, except in cases of material breach, illegal activities, or violations of this Agreement, we will provide a 30-day notice prior to termination. You will have the opportunity to address any concerns before termination takes effect. In cases of material breach, fraudulent activity, or violations of applicable law, termination may be immediate without prior notice. 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 collects, processes, and transmits certain data to the Company about or relating to the device in which it is installed, including, but not limited to, device identifiers, IP address, usage analytics, location data (if permitted), transaction history, and interactions with the Service. The information collected is governed by our Privacy Policy, which details how data is stored, shared, and used. By using the Service, you acknowledge and consent to our data collection and processing practices. If you are a resident of California, you have additional rights under the California Consumer Privacy Act (CCPA), including the right to access, delete, and opt-out of certain data sharing. For more details, please review our Privacy Policy.
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 and international export laws and regulations. User must comply with all applicable laws and regulations, including without limitation all applicable U.S. export control laws and the laws of their own jurisdiction. 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 United States sanctions; or (iii) for any prohibited end use. If you are located outside the United States, you are solely responsible for ensuring that your use of the Services complies with all local export and trade laws.
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 creates 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.
2.6 If you are using the Services on behalf of another entity, including as an employee, contractor, or representative of an organization, you represent and warrant that you have all necessary rights and permissions to do so. You agree that Wurkzen is not responsible for verifying these permissions and that you will indemnify and hold Wurkzen harmless from any claims or disputes arising from unauthorized use of the Services on behalf of a third party.
2.7 If you sign up through an affiliate or partner, you acknowledge that such partner may have full access to your account and all client data. However, you retain the right to revoke this access at any time by emailing support@wurkzen.com. Revocation will take effect within a reasonable timeframe, though data already accessed by the partner may not be retroactively removed.
2.8 You agree not to store, process, or transmit any sensitive personal information, including but not limited to Social Security Numbers, full credit card numbers (other than via an approved PCI DSS-compliant payment processor), government-issued identification numbers, health records, or other sensitive personal data within the CRM platform. Wurkzen is not responsible for any unauthorized access, data breaches, or legal compliance issues arising from the improper storage of such data. If you require secure handling of payment or personal data, you must use a designated third-party service that complies with applicable regulations (e.g., PCI DSS, HIPAA). Violation of this provision may result in termination of service and potential legal liability.
Section 3 – Compliance with Laws
3.1 Our Services, including our Customer Relationship Management Services, allow 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. You acknowledge and agree that Wurkzen does not monitor or control your marketing activities, and it is solely your responsibility to ensure that all marketing, advertising, and communication efforts conducted through the Services comply with applicable laws and regulations.
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, or 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. Wurkzen shall not be liable for any violations, fines, or legal claims arising from your failure to comply with applicable marketing and telecommunication laws.
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. You further agree to indemnify, defend, and hold Wurkzen harmless against any claims, penalties, or damages arising from your marketing and communication activities.
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, including in section 2.8.
3.5 Wurkzen-generated websites may include a function that allows browsers of the websites to contact you. This functionality sends a text message to Users and allows Users to respond via text message. You hereby expressly consent to be contacted by Us or browsers of the Wurkzen-generated website at the telephone number you provide to Wurkzen. You agree that you may be contacted in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. If You do not wish to receive messages, you may notify us by email at info@wurkzen.com.
3.6 Users are solely responsible for collecting and remitting all applicable sales, use, VAT, or other taxes applicable to sales and payments processed through the platform. Any features of the service allowing Users to charge their customers sales tax is solely for the convenience of the User. Wurkzen does not provide tax advice.
3.7 If you use Wurkzen to send emails to your customers, you warrant that you will promptly comply with all opt-out, unsubscribe, “do not call,” and “do not send” requests. Each email sent through Wurkzen’s Services must include: (a) accurate and non-misleading header information; and (b) a clear and accessible method for recipients to opt out of future communications. You are solely responsible for ensuring compliance with all applicable marketing and data privacy laws, including the CAN-SPAM Act, GDPR, and CCPA, where applicable. Wurkzen disclaims any liability for non-compliant marketing practices conducted through the platform.
3.8 Users are solely responsible for ensuring that all AI-generated messages, including emails, SMS, and other communications sent through the Service, comply with applicable laws, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the General Data Protection Regulation (GDPR), and other relevant regulations governing digital communications. Users must obtain appropriate consent before sending AI-driven email or SMS marketing messages where required by law. Wurkzen does not monitor, review, or verify user-generated content, including AI-powered messaging, and disclaims all liability for any unauthorized, unlawful, or non-compliant communications sent through the Service. Users acknowledge that failure to comply with applicable laws may result in account suspension or termination.
Section 4 – Privacy and Protection of Personal Information
4.1 Notwithstanding anything else to the contrary contained in this Agreement, the 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. Wurkzen implements industry-standard security measures, including AES-256 encryption for data at rest and TLS 1.2 or higher for data in transit. The Company conducts regular security assessments, vulnerability testing, and follows industry best practices to maintain data security. While Wurkzen follows best security practices, it does not guarantee compliance with any specific security certifications unless explicitly stated in its Privacy Policy. Users are responsible for implementing security best practices, including strong passwords and enabling multi-factor authentication (MFA) where applicable. 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. In the event of a data breach affecting personal or sensitive data, Wurkzen will notify affected users in accordance with applicable laws, including GDPR and CCPA. Users will be notified without undue delay and no later than 72 hours after Wurkzen becomes aware of the breach, unless prohibited by law enforcement or other regulatory obligations. Wurkzen is not responsible for data breaches or security failures caused by third-party vendors, integrations, or service providers chosen by the User. 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. Wurkzen supports role-based access controls (RBAC) to help users manage internal permissions and prevent unauthorized access to sensitive CRM data. Users are responsible for ensuring that only authorized personnel have access to customer data and may not sell, distribute, or share customer data with third parties without explicit consent.
4.4 If you use Wurkzen’s telephony and messaging services, you agree to comply with all applicable laws and industry regulations regarding telephone calls, text messages, and automated messaging. This includes but is not limited to: (a) obtaining necessary consent before contacting recipients via phone or SMS; (b) ensuring compliance with recording laws when recording calls; and (c) adhering to third-party service provider guidelines, including those set by network carriers and regulators. Wurkzen reserves the right to monitor telephony usage and suspend or terminate access for non-compliance.
4.5 Wurkzen utilizes AI-powered features through third-party providers, including OpenAI, to enhance user experience, automate tasks, and provide data-driven insights. Users acknowledge that AI-interaction data may be processed to improve system performance but is not directly used by Wurkzen to train proprietary AI models. Wurkzen does not use customer data to train AI models for external purposes and does not sell user data for AI training. However, as Wurkzen integrates AI services from third-party providers, users understand that AI-generated responses may be processed in accordance with the third party’s terms and policies. Users should refer to Wurkzen’s Privacy Policy and the privacy policies of third-party AI providers for further details. AI-interaction data may be retained for operational and security purposes in compliance with applicable laws. If regulatory requirements mandate opt-in or opt-out options for AI data processing, Wurkzen will provide appropriate mechanisms as required.
4.6 Wurkzen is committed to fairness, transparency, and compliance with anti-discrimination laws when deploying AI-driven tools. While AI models are designed to enhance decision-making, users acknowledge that AI-generated outputs may contain biases due to the limitations of machine learning technology. Wurkzen does not guarantee that AI-generated recommendations, lead scoring, or automated outreach will be free from bias, and users should independently verify AI-driven insights before acting on them. Users must ensure that their use of AI-powered features, including automated messaging, hiring recommendations, or lead prioritization, complies with all applicable anti-discrimination laws, including but not limited to the Civil Rights Act, Equal Credit Opportunity Act (ECOA), and GDPR fairness principles. If a user believes an AI-generated decision is unfair or biased, they may request a review by contacting Wurkzen support. Wurkzen reserves the right to modify or disable AI-driven functionalities to prevent discriminatory practices.
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 Wurkzen does not operate, control, or manage any third-party services offered through the platform and is not responsible for their performance, availability, pricing, accuracy, or suitability. Wurkzen is not an insurer, nor does Wurkzen provide legal or professional advice. . Wurkzen does not warrant or guarantee the completeness, reliability, legality, or quality of third-party services, and disclaims any liability for errors, misrepresentations, or omissions made by third-party providers. You acknowledge that any reliance on third-party services is solely at your own risk, and Wurkzen shall not be liable for any losses, damages, or disputes arising from your engagement with third-party providers. By using the Service, you agree to indemnify, defend, and hold Wurkzen harmless from any claims, disputes, liabilities, or damages resulting from your use of any third-party services. 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 license to use, copy, reproduce, adapt, modify, publish, display, transfer, sublicense, and distribute your information for the sole purpose of operating, marketing, and improving the Services. This license is valid only for the duration of your use of the Services and will automatically terminate upon account deletion or termination of your use of the Services, except where retention is required for legal compliance, security, fraud prevention, or troubleshooting. This includes a license to include your User Content and list your business on the Wurkzen Marketplace. Upon termination of your account, Wurkzen will remove your User Content from publicly accessible areas within a reasonable timeframe, but some content may persist in backups or legally required records. 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 generally do not provide refunds, rights to return for a purchased subscription, or credits for any partially used subscription or unused Account. However, if Wurkzen materially degrades or removes core functionality from your subscribed plan in a way that significantly impacts your use of the Service, you may request a prorated refund for the unused portion of your subscription. Wurkzen will assess refund requests on a case-by-case basis at its sole discretion. Refunds are not available for dissatisfaction with the Services unless required by applicable law. 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.
7.6 In addition to the Subscription Fee, Wurkzen charges a service fee for all transactions processed on the platform.
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. Wurkzen does not guarantee the quality, legality, safety, or reliability of the services provided by Users on the Marketplace and is not responsible for any disputes, claims, or damages arising from interactions between Users and consumers. Any disputes regarding services provided, including but not limited to non-performance, misrepresentation, or dissatisfaction with service quality, must be resolved directly between the parties involved.
Section 9 – Reserved.
Section 10 – Disclaimers; Limitations; Waivers of Liability
10.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES, OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE (COLLECTIVELY, “WURKZEN PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOBILE APPLICATION, WEBPAGES, OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.
10.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WURKZEN PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE WURKZEN PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO DAMAGES RESULTING FROM WURKZEN’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL BREACH OF CONFIDENTIALITY OR DATA SECURITY OBLIGATIONS. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE WURKZEN PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED (100) US DOLLARS.
10.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).
10.4 Wurkzen partners with co-working spaces to provide our Users with access to offices and properties owned and operated by our partners. Wurkzen shall not be responsible for any actions of our co-working space partners nor shall Wurkzen be liable for any injuries or damages sustained by our Users while utilizing the coworking spaces. User’s use of the coworking space is subject to our Partners’ terms and conditions.
10.5 USERS HEREBY REPRESENT AND WARRANT THAT THEY ARE AWARE AND UNDERSTAND THAT ACCESSING ANY COWORKING SPACE PARTNERED WITH WURKZEN MAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. USERS ACKNOWLEDGE THAT ANY INJURIES SUSTAINED MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE OWNER, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COWORKING SPACE PARTNER. NOTWITHSTANDING THE RISK, USERS ACKNOWLEDGE THAT THEY ARE VOLUNTARILY ACCESSING THE COWORKING SPACE WITH KNOWLEDGE OF ANY RISKS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF WURKZEN OR OUR PARTNERS.
10.6 Wurkzen provides AI-powered features to assist with various business functions, including but not limited to automated customer outreach, sentiment analysis, lead scoring, and predictive insights. AI-generated outputs are based on patterns, historical data, and machine learning algorithms and may not always be accurate, unbiased, or suitable for every situation. Users acknowledge that AI-generated recommendations, forecasts, or insights should not be solely relied upon for critical business decisions and that human review and discretion should be applied. Wurkzen does not warrant or guarantee the accuracy, completeness, or reliability of AI-generated outputs and is not responsible for any errors, omissions, or unintended consequences arising from the use of AI-based features. Users assume full responsibility for verifying AI-driven actions before implementation. Wurkzen expressly disclaims any liability for direct or indirect damages, financial losses, reputational harm, or legal consequences resulting from reliance on AI-generated content, recommendations, or automated actions.
10.7 Wurkzen provides AI-driven chatbots and automated customer interaction tools for user convenience. AI-generated responses, recommendations, or communications provided by the Service do not constitute legally binding agreements, contracts, or guarantees, and Wurkzen disclaims any liability arising from reliance on AI-generated content. Users acknowledge that they are responsible for verifying the accuracy and appropriateness of AI-generated communications before acting on them. Where required by law, including but not limited to California’s Bot Disclosure Law, users must disclose that a chatbot is AI-generated when interacting with customers. Wurkzen is not responsible for any misrepresentations, errors, or unintended consequences resulting from AI-driven interactions.
10.8 Users assume full responsibility for the lawful and ethical use of AI-generated content, customer insights, and automated workflows provided by Wurkzen’s AI-powered services. Users acknowledge that AI-generated messages, predictions, or recommendations must comply with applicable laws and regulations, including but not limited to consumer protection, anti-discrimination, and privacy laws. Wurkzen disclaims all liability for any misuse of AI-driven tools, including but not limited to: (a) unlawful marketing messages sent in violation of CAN-SPAM, TCPA, GDPR, or other applicable regulations; (b) discriminatory practices in hiring, lending, or customer profiling; and (c) improper use of automated CRM workflows that result in unauthorized or misleading communications. Users agree to indemnify, defend, and hold Wurkzen harmless from any claims, damages, or liabilities arising from the misuse of AI-generated outputs.
10.9 AI-generated insights, recommendations, forecasts, or outputs are provided “as-is” and without any guarantee of accuracy, completeness, or reliability. Users acknowledge and agree that they are solely responsible for verifying the appropriateness and correctness of any AI-driven decision or recommendation. The company disclaims all liability for any business losses, damages, or consequences resulting from reliance on AI-generated outputs or decisions, including but not limited to financial, operational, or reputational harm. The user assumes full responsibility for any actions taken based on AI-generated content or automated systems, including but not limited to customer outreach, data analysis, and decision-making processes.
Section 11 – Release
You forever release, discharge, and covenant not to sue the Wurkzen Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Wurkzen Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the Wurkzen Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), Subscription, the Service, or this Agreement.
Section 12 – Indemnification
You agree at all times to indemnify, defend, and hold harmless the Wurkzen Parties from any claim, causes of action, damages, liabilities, demands, costs, and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, your violation of any law or the rights of a third-party, or the consequences of any choices you make in reliance on or based on information on this site.
Section 13 – Governing Law and Dispute Resolution
The laws applicable to the interpretation of this Agreement shall be the laws of the State of Florida, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida.
You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, it shall be resolved by final and binding arbitration in Miami-Dade County, Florida under the rules of the American Arbitration Association then in effect.
If any provision of this arbitration agreement is found to be unenforceable in a particular jurisdiction, the remainder of this arbitration agreement shall remain in full force and effect. In jurisdictions where arbitration is deemed unenforceable, disputes shall instead be resolved in the state or federal courts located in Miami-Dade County, Florida, and each party consents to the jurisdiction of such courts.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. IF A COURT OR COMPETENT JURISDICTION DETERMINES THAT ARBITRATION OR THE CLASS ACTION WAIVER IS UNENFORCEABLE UNDER APPLICABLE LAW, THEN ANY SUCH DISPUTE SHALL BE RESOLVED EXCLUSIVELY IN THE COURTS OF MIAMI-DADE COUNTY, FLORIDA, AND SHALL BE SUBJECT TO THE GOVERNING LAW CLAUSE SET FORTH IN THIS AGREEMENT.
Section 14 – Additional Fees
14.1 AI and AI Assistant Usage
Wurkzen may make available certain artificial intelligence (“AI”) services or AI Assistant features. These services will incur token-based usage fees on a pay-as-you-go model, and charges are applied in real-time. Wurkzen is not responsible for any overages or excessive charges you may incur from AI usage, and these charges are non-refundable. You are solely responsible for monitoring and controlling your usage to avoid any unintended fees.
14.2 Business Phone Top-Ups
14.3 Telephony Services & Token-Based Purchases
Wurkzen offers a telephony service that allows Users to make calls, send text messages, and purchase additional credits or “top-ups” as needed. By using Wurkzen’s phone service, you agree to comply with all applicable laws and industry regulations, including but not limited to the CAN-SPAM Act, TCPA, and GDPR where applicable. Phone credits and tokens purchased through Wurkzen are non-refundable and must be used within the specified period. If auto top-up is enabled, you authorize Wurkzen to automatically charge your designated payment method when your balance falls below a certain threshold. Wurkzen is not responsible for overages or excessive charges resulting from User activity, nor does it guarantee call quality or delivery of SMS messages, as these are dependent on third-party providers.
Section 15 – Severability
In the event that any provision of this Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement; such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 – Miscellaneous
(a) Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
(b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. If you choose to delete your Account or the Mobile Application, such action will indicate intent to terminate by the User.
(c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you.
(d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service.
(e) The section headings used in this Agreement are for convenience only and will not be given any legal import.
(f) Upon Company’s request, you will furnish Company any documentation, substantiation, or releases necessary to verify your compliance with this Agreement.
(g) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. Your use of our mobile application and Services constitutes acceptance of this Agreement.
Section 17 – Entire Agreement
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 18 – Disclaimer Regarding Cloud & File Storage
Wurkzen provides a Cloud & File Storage service as part of its offerings. Wurkzen employs industry-standard security measures to protect stored data, including AES-256 encryption for data at rest, TLS 1.2+ encryption for data in transit, and multi-layered access controls. While these measures enhance security, no system can be fully impenetrable. Users upload files at their own risk, and Wurkzen does not guarantee absolute security against unauthorized access, breaches, or cyber threats. By using Wurkzen’s Cloud & File Storage, users acknowledge that data security depends on multiple factors, including user-side protections such as strong passwords and access management. Wurkzen disclaims liability for any security breaches, unauthorized access, or loss of data, whether due to cyberattacks, system failures, or user negligence. Users are solely responsible for the data they upload. If Users require compliance with industry-specific regulations such as, but not limited to, SOC 2, HIPAA, and GDPR, they should ensure that their use of Wurkzen’s Cloud & File Storage aligns with their legal and regulatory requirements. Wurkzen is not liable for any damages, losses, legal actions, or consequences resulting from the use of the Cloud & File Storage. Users release Wurkzen from any liability related to data security breaches and agree that Wurkzen is cleared of any wrongdoing or legal action.
Section 19 – Contact Information
Questions about the Terms and Conditions may be sent to Wurkzen via email at support@wurkzen.com.
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