WorkiPro Terms of Service
Welcome to WorkiPro!
Before using the website available at www.workilab.io/pro (the “ Site”) or submitting information to become an approved
WorkiPro contractor through the Worki mobile application (“ App”), please take the time to carefully read our WorkiPro
Terms of Service below (“Terms,” or “ Agreement”). The Terms constitute a binding contract
between you and Worki.
1.
Acceptance of Terms
By clicking “I agree,” creating an account, downloading the App, submitting
any personal identifying information, or providing of the various
contractor cleaning services available through the Site or App (the “Services”) that are offered by Workilabs Inc. (“ Worki” “we,” “us,”
and/or “our”), or using the Services, you, the WorkiPro
contractor, acknowledge and agree to these legally binding Terms. You also
agree to the Worki Privacy Policy (“Privacy Policy”) and
all supplemental policies and terms of the Services, which are incorporated
by reference.
If you do not agree to this Agreement, then you are not permitted to
use or provide the Services.
You agree to provide the Services only for lawful purposes, and that you
are responsible for your use of the Services and communications with us,
all of which must comply with these Terms. You hereby represent and warrant
that:
1. you are accessing the App and providing Services solely within the
United States of America and its territories (US),
2. you are at least thirteen (13) years old, and
3. you are fully able and competent to enter into a binding contract.
If at any time you are not in full compliance with all foregoing provisions
of this Section, you are in material violation of this Agreement and you
must immediately cease all use of, and access to the App.
2.
Modification to this Agreement and the Services
.
Worki may, at its sole discretion, change these WorkiPro Terms, including
the Worki Privacy Policy, from time to time. If changes occur, we will
notify you by posting the updates on the Site and App, or by email to the
email affiliated with your WorkiPro account. Updated versions will never
apply retroactively and will give the exact date they go into effect. We
recommend that you check the Terms and Privacy Policy periodically for
changes. Your continued use of the Services following the posting of any
changes to the Terms means you accept those new terms.
Additionally, Worki reserves the right to modify, suspend, or discontinue
the App and its Services (including, but not limited to, the availability
of any feature, database, or Content), whether temporarily or permanently
at any time for any reason. You agree that Worki shall not be liable to you
for any modification, suspension, or discontinuation of the App. Some
modifications may require updates to your existing third-party software on
your device in order to continue to use the App to provide Services. Worki
may also impose limits on certain features and services, restrict your
access to parts or all of the App, suspend or terminate WorkiPro
contractors, and revoke usernames without notice or liability.
3.
License
Grant
We grant to you a limited, personal, revocable, worldwide, royalty-free,
non-exclusive, and non-transferable right and license to use the App and
provide the Services through the App. You agree to respect all legal
notices, information, and restrictions contained in any content accessed
through the Services.
You must provide all equipment and software necessary to connect to the
Services, including but not limited to, a mobile device that is suitable to
connect with and use the Site or App. You are solely responsible for any
fees, including internet connection or mobile fees, that you incur when
accessing the App.
The Services and its entire contents, features, and functionality
(including but not limited to all information, software, text,
displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by Worki its licensors, or other
providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws.
4.
Rules and Conduct
As a condition of use, you promise not to provide Services for any purpose
that is prohibited by the Terms or law. You, as the contractor, are
responsible for all of your activity in connection with the Services and
all equipment necessary to complete the Services.
You understand and agree that you will not provide Services to engage
in the prohibited conduct below:
· You shall not provide Services for any illegal purpose, or in violation
of any local, state, national, or international law, including, without
limitation, laws governing intellectual property and other proprietary
rights, data protection and privacy, and import or export control;
· You are not permitted to provide Services for the App if you have
convictions or charges for felonies, violent crimes, and sexual offenses,
and if you are a registered sex offender. If you misrepresent your
background or do not disclose such convictions or charges during your time
as a WorkiPro contractor, your access to the App will be discontinued
immediately.
· You shall not post, store, send, transmit, or disseminate any information
or material which infringes any patents, trademarks, trade secrets,
copyrights, or any other proprietary or intellectual property rights;
· You shall not use or provide the Services in any way to monitor or
evaluate the availability, performance or functionality of the Services for
any competitive purpose, or perform or assist any other party to perform
any benchmarking on the Services;
· You shall not accept Worki cleaning service requests and fail to show up
at the scheduled time for Services in the App. Failure to show up at
scheduled Services more than three times will result in your account’s
suspension from the App.
· You shall not store or retain customer information to use outside of
providing
Services on the App;
· You shall not violate any separate agreements between you and Worki;
· You shall not attempt to use any method to gain unauthorized access to
any features within the App;
· You shall not directly or indirectly decipher, decompile, remove,
disassemble, reverse engineer, or otherwise attempt to derive any source
code or underlying ideas or algorithms of any part of the App,
security-related features of the App, features that prevent or restrict use
or copying of any content accessible through the App, or features that
enforce limitations on use of the App, except to the extent applicable laws
specifically prohibit such restriction;
· You shall not directly or indirectly modify, translate, or otherwise
create derivative works of any part of the App;
· You shall not directly or indirectly copy, rent, lease, distribute, or
otherwise transfer any of the rights or information that you receive
hereunder;
· You shall not directly or indirectly take any action that imposes or may
impose (as determined by Worki in its sole discretion) an unreasonable or
disproportionately large load on Worki’s or its third-party providers’
infrastructure; interfere or attempt to interfere with the proper working
of the Service or any activities conducted on the Service; run Maillist,
Listserv, or any form of auto-responder or “spam” on the Service; or use
manual or automated software, devices, or other processes to scrape any
page of the Site;
· You shall not create a false identity to provide the Services,
misrepresent your identity, impersonate any person, create a profile for
anyone other than you, or use or attempt to use another contractor or user
account;
· You shall not disclose information that you do not have the consent to
disclose (such as confidential information of others); and
· You shall not post content that: is a direct or specific threat of
violence to others; is in furtherance of illegal activities; is harassing,
hateful, libelous, defamatory, obscene, abusive, or constitutes spam; or is
pornographic, predatory, sexually graphic, racist, offensive, harmful to a
minor, or would otherwise violate the rights of any third party or give
rise to civil or criminal liability.
If for any reason, Worki determines that you have failed to follow these
rules, we reserve the right to prohibit any and all current or future use
of the App by you and accounts affiliated with you. If we have reason to
suspect, or learn that anyone is violating these Terms, we may investigate
and/or take legal action as necessary including bringing a lawsuit for
damages caused by the violation. We reserve the right to investigate and
take appropriate legal action, including without limitation, cooperating
with and assisting law enforcement or government agencies in any resulting
investigations of illegal conduct.
5.
Collection and Use of Your Information
All information we collect through or in connection with the App is subject
to the Worki Privacy Policy (“Privacy Policy”). By using
the App, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
6.
Background Check for WorkiPro Contractors
For qualification as a WorkiPro contractor, you will be required to provide
your personal information, including your social security number, directly
to a third-party background check provider and consumer reporting agency
(Checkr) to complete a background check prior to initiating provision of
Services through the App. The information is collected by the consumer
reporting agency to validate a candidate’s identity and complete an
accurate background check; the social security number is truncated and
encrypted within the candidate portal to avoid disclosure. Worki’s
background check will be done not for employment purposes, but in order for
you to provide independent contractor services for Worki. Such information
received will be in the form of consumer reports. These reports may be
obtained at any time after Worki receives authorization from you, including
any time during the period of your work as a WorkiPro contractor through
the App. Consumer reports include any written, oral, or other communication
of information by a consumer reporting agency bearing on your credit
standing, character, general reputation, and other personal characteristics
that is expected to be used for employment purposes. Consumer reports may
include credit reports, criminal records, and driving records, among other
resources. Checkr or another consumer reporting agency, will obtain the
reports for Worki. You have the right to request information from Worki
about the nature and scope of any consumer report on you that is requested
by Worki. The request must be made in writing and within a reasonable
period of time after you have received this disclosure. A summary of your
rights under the federal Fair Credit Reporting Act (FCRA) will be provided
to you through the intake procedure on Checkr.com and Worki will also
provide a duplicate summary upon email request at [email protected]. Worki
will not store any Social Security numbers of WorkiPro contractors. If you
fail to pass the background check, you will not be permitted to work as a
WorkiPro contractor.
7.
Communications
You consent to accept and receive communications from us, including e-mail,
text messages, and push notifications to any devices you link your account
to. Standard message and data rates applied by your cell phone carrier may
apply to the text messages we send you, and you are responsible for any
charges from your carrier for text messages sent from us. Through the App,
you can control most of the communications sent to you. You may opt-out of
receiving communications by following the unsubscribe options we provide to
you but some transactional messages are deemed to be part of the App and
integral to providing Services. You acknowledge that opting out of
receiving communications may impact your use of the App and ability to
provide the Services.
8.
WorkiPro Contractor Account
To provide Services under the App, you are required to create a WorkiPro
Contractor account (an “Account”). You represent that the
information in your Account and any other information you otherwise provide
to us, is accurate, current, and complete information, and agree to update
it and keep it accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer/mobile
device, and you hereby agree to accept responsibility for all activities,
charges, and damages that occur under your account. If you discover any
unauthorized use of your account, or other known account-related security
breach, you must report it to Worki immediately. You agree that you are
responsible for anything that happens through your account until you close
your account or prove that your account security was compromised due to no
fault of your own. Worki cannot and will not be liable for any loss or
damage arising from your failure to comply with this section.
9.
Receipt of Payments
Payments will be based on actual money received by Worki. Worki agrees to
render weekly accounting statements to you, as to amounts payable for
providing Services. This accounting period may be changed from time to time
in Worki’s sole discretion. No payment will be due to you unless your
Services are provided through the App’s scheduling feature and payments are
received by Worki. Once your contractor Services are provided, you will be
paid after Worki processes and receives such payment. Payments to you from
Worki will be made within _____ hours of providing Services via electronic
methods such as Stripe. In the event that electronic methods are not
available or accessible, you will be paid through alternate means, within
48 hours of the payment disruption. Payment methods may change at Company’s
discretion, but you will be notified in the event of any such change.
In the event any payment related to Services is provided directly to you
instead of paid through the App, you warrant and represent that you shall
notify Worki and provide the correct share of fees for all Services
provided. Such statements and payments must be sent to Worki at the
corporate address above within thirty (30) days of you receipt of such
payment.
For U.S. residents, you must complete, sign and submit to Worki a W-9 form
prior to any services provided or payments from Worki. If you is a non-U.S.
resident, then you must complete, sign and submit to Company both a
W8-BEN-E forms prior to any payments from Worki.
10.
Termination of Usage
You may cancel your WorkiPro account at any time through your account
settings and removal of the App
. We may suspend or cancel your account without notice to you for any
reason or no reason at all, including but not limited to if you violate
this Agreement, you create risk or possible legal exposure for us, your
account should be removed due to unlawful conduct, your account should be
removed due to inactivity; or our provision of the App to you is no longer
commercially viable. If your account is cancelled, Worki reserves the right
to remove your account information along with any account settings from our
servers with NO liability or notice to you.
Upon termination of your account. your license to provide Services through
use of the App terminates. These Terms survive termination. You acknowledge
and understand that our rights regarding any content you submitted to the
website before your account was terminated shall survive termination.
11.
Content
Through the App or via other users, Worki may make accessible various
content, including, but not limited to, photographs, images, artwork,
graphics, audio clips, comments, data, text, software, scripts, campaigns,
other material and information, and associated trademarks and copyrightable
works (collectively, “Content”). Users and contractors
providing the Services may have the ability to contribute, add, create,
submit, distribute, facilitate the distribution of, collect, post, or
otherwise make accessible Content through submission of profile photos.
Worki Content
Worki Content is protected in many ways, including copyrights, trademarks,
service marks, and other rights and laws. You agree to respect all legal
notices, information, and restrictions contained in any content accessed
through the App. You also agree not to change, translate, or otherwise
create derivative works based off our content. All other Content viewed
through the App is the property of its respective owner. You have a
limited, revocable, non-exclusive, non-transferrable license to provide
Services through use of the App and our Content solely for legally
permitted activities related to our App as outlined in these Terms.
WorkiPro User Content
You retain your rights to any Content you submit, post or display on or
through the App (“User Content”). By submitting, posting
or displaying User Content on or through the App, you grant us a worldwide,
non-exclusive, perpetual, royalty-free license to use, copy, reproduce,
process, adapt, modify, publish, transmit, display and distribute such User
Content in any and all media or distribution methods now known or later
developed. This license authorizes us to make User Content available to the
rest of the world and to let others do the same.
To the extent that you decide to post any User Content, you agree that your
User Content will not contain third-party copyrighted material, or material
that is subject to other third-party proprietary rights, unless you have
permission from the rightful owner of the material or you are otherwise
legally entitled to post the material and to grant Worki all of the license
rights granted herein. You acknowledge that you are responsible for
whatever material you submit, and you, not Worki have full responsibility
for the User Content, including its legality, reliability, appropriateness,
originality, and copyright. Worki may refuse to accept or transmit User
Content. Additionally, Worki shall have the right to delete, edit, modify,
reformat, excerpt, or translate any of your User Content.
We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any User Content or
communications posted via the App or endorse any opinions expressed via the
App. You understand that, by providing Services through the App, you may be
exposed to Content that might be offensive, harmful, inaccurate or
otherwise inappropriate, or in some cases content that has been mislabeled
or is otherwise deceptive, objectionable or difficult to view. Under no
circumstances will Worki be liable in any way for any User Content not
modified by Worki including, but not limited to, any errors or omissions in
any User Content, or any loss or damage of any kind incurred as a result of
the use of any User Content posted, emailed, transmitted or otherwise made
available via the Services or distributed elsewhere.
12.
Copyright and Trademark Notices
Copyright Policy
Worki complies with the Digital Millennium Copyright Act (“DMCA”). Worki
will remove infringing materials in accordance with the DMCA if properly
notified that Content infringes copyright. If you believe that your work
has been copied in a way that constitutes copyright infringement, please
notify Worki’s Copyright Agent by email at [email protected]. Please do not
send notices or inquiries about anything other than alleged copyright
infringement or other intellectual property claims to our Copyright Agent.
Your email must contain the following information:
· an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
· information reasonably sufficient to permit us to contact you, such as an
address, telephone number, and, if available, an e-mail address;
· a description of the copyrighted work that you claim has been infringed;
· a description of where the material that you claim is infringing is
located on the App, sufficient for Worki to locate the material; your
address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
· a statement by you that the information in your notice is accurate and,
under penalty of perjury, that you are the copyright owner or authorized to
act on the copyright owner's behalf.
If you fail to comply with these notice requirements, your notification may
not be valid. Under the Copyright Act, any person who knowingly materially
misrepresents that material is infringing or was removed or disabled by
mistake or misidentification may be subject to liability.
In accordance with the DMCA, Worki has adopted a policy of, in appropriate
circumstances, terminating accounts that are repeat infringers of the
intellectual property rights of others. Worki also may terminate accounts
even based on a single infringement.
Counter-Notice
If you believe that your Content that was removed (or to which access was
disabled) is not infringing, or that you have the authorization from the
copyright owner, the copyright owner’s agent, or pursuant to the law, to
post and use the material in your Content, you may send a written
counter-notice containing the following information to the Copyright Agent:
(1) Your physical or electronic signature; (2) Identification of the
Content that has been removed or to which access has been disabled and the
location at which the Content appeared before it was removed or disabled;
(3) A statement that you have a good faith belief that the Content was
removed or disabled as a result of mistake or a misidentification of the
Content; and (4) Your name, address, telephone number, and email address, a
statement that you consent to the jurisdiction of the federal court in
Dallas County, Texas, and a statement that you will accept service of
process from the person who provided notification of the alleged
infringement. If a counter-notice is received by the Copyright Agent, Worki
may send a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed Content or cease
disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the Content provider, member or user,
the removed Content may be replaced, or access to it restored, in 10 to 14
business days or more after receipt of the counter-notice, at Worki’s sole
discretion.
13.
Warranty and Disclaimer
YOUR USE OF THE APP IS AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT ANY
INFORMATION THAT YOU CHOOSE TO SHARE VIA THE SERVICES IS AT YOUR OWN RISK.
WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE
ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE
APPLICATION, AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY
ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE APP PROVIDED BY
US. YOU AGREE THAT YOUR ACCESS TO, AND USE OF THE APP AND THE CONTENT
AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND
WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS
AVAILABLE THROUGH THE APP, INCLUDING WITHOUT LIMITATION THE AVAILABILITY,
USE, OR RESULTS OF SERVICES IN THE EVENT OF AN EMERGENCY. IF ANY APPLICABLE
AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR
LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY
APPLICABLE LAW.
You acknowledge that there may be interruptions in service or events that
are beyond our control. While we use reasonable efforts to keep the App
accessible, the App and corresponding Services offered may be unavailable
from time to time for any reason including, without limitation, system down
time for routine maintenance. Worki makes no warranties or representations
of any kind, express, statutory or implied as to:
· the availability of telecommunication services from your or any other
telecommunications services provider and access by you or any other user to
the App at any time or from any location;
· any loss, damage, or other security intrusion of the App;
· compatibility between our App and your mobile device; and/or
· any disclosure of information to third parties or failure to transmit any
data, communications or settings connected with the App.
14.
Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL WORKI, NOR ITS
DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE
LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER
LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE APP (I) FOR ANY LOST PROFITS,
DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF
ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT
PAID TO YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE
CLAIM OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS LESS. SOME STATES
OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT
APPLY TO YOU. IN THESE JURISDICTIONS, WORKI’S LIABILITY WILL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
15.
Indemnification
You agree to defend, indemnify, and to hold harmless Worki together with
its officers, directors, and managers from any and all liabilities,
penalties, claims, causes of action, and demands brought by third-parties
(including the costs, expenses and attorneys’ fees on account thereof)
arising, resulting from or relating to: (a) your provision of Services
through the App or your inability to provide the Services; (b) an
allegation that you violated any representation, warranty, covenant or
condition in this Agreement; (c) your intentional or negligent
misrepresentation or misuse of confidential or protected information; and
(d) your Content. Your agreement to defend, to indemnify, and to hold Worki
harmless applies whether any claim against Worki is based in allegations of
violation(s) of law or contract or tort (including strict liability), and
regardless of the form of action, including but not limited to your
violation of any third-party rights, a claim that the provision of Services
caused damage to you or to any third party and/or your use of the App and
provision of the Services through the App. This indemnification section
shall survive your termination of or cessation of use of the App.
16.
Export
Regulation
The App may be subject to US export control laws, including the US Export
Administration Act and its associated regulations. You shall not, directly
or indirectly, export, re-export, or release the App to, or make the App
accessible from, any jurisdiction or country to which export, re-export, or
release is prohibited by law, rule, or regulation. You shall comply with
all applicable US federal laws, regulations, and rules, and complete all
required undertakings (including obtaining any necessary export license or
other governmental approval), prior to exporting, re-exporting, releasing,
or otherwise making the App available outside the US.
17.
Governing Law
The laws of the State of Texas, excluding its choice of law provisions,
will govern these Terms and any dispute that arises between you and Worki.
All disputes related to these Terms or the Services will be brought solely
in the federal or state courts located in Dallas County, Texas, United
States, and you consent to personal jurisdiction and waive any objection as
to inconvenient forum.
18.
Assignment
The Terms are personal to you, and are not assignable, transferable, or
sublicensable by you. Any assignment in violation of this section shall be
null and void. Worki may assign, transfer, or delegate any of its rights
and obligations hereunder without your consent.
19.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms,
there shall be no third-party beneficiaries to the Terms.
20.
Notice Policy and Your Consent
Under these Terms you are contracting with Workilabs Inc., Delaware
corporation with its operations in Texas. All notices should be addressed
to Worki at the email address in the Contact section below.
You acknowledge and agree that we may give you notice by means of a general
notice on the App, electronic mail to your email address in your account.
Such notice shall be deemed to have been given upon the expiration of 48
hours after mailing or posting (if sent by first class mail or pre-paid
post) or 12 hours after sending (if sent by email or text). You may give
notice to us, with such notice deemed given when received by us, at any
time to the address set forth in the Contact section or at such other
address as we may advise from time to time, pursuant to this provision.
21.
Geographic Limits of Service
Worki makes no representation that materials contained on the App or
products described or offered are appropriate or available for use in
jurisdictions outside the United States or that these Terms comply with the
laws of any other country. If you access the App from other locations, you
do so at your own initiative and are responsible for compliance with local
laws. WorkiPro reserves the right, at any time in our sole discretion, to
limit the availability and accessibility of the Services to any person,
geographic area, or jurisdiction we so desire.
22.
Integration and Severability
These Terms and other referenced material constitute the entire agreement
between you and Worki with respect your use of the App and your provision
of Services through the App, and supersede all prior or contemporaneous
agreements, representations, warranties, and understandings (whether oral,
written or electronic) between you and WorkiPro with respect to the
Services and govern the future relationship. If a court in any final,
unappealable proceeding holds any provision of these Terms or its
application to any person or circumstance invalid, illegal or
unenforceable, the remainder of these Terms, shall not be affected, and
shall be valid, legal and enforceable to the fullest extent permitted by
law.
23.
No Waiver
The failure of either party to exercise in any respect any right provided
for herein shall not be deemed a waiver of any further rights hereunder.
24.
Terms for
iOS App
You acknowledge and agree that (i) these Terms are binding between you and
Worki only, and Apple is not a party hereto, and (ii) as between Worki and
Apple, it is Worki that is responsible for the app and the content thereof.
You must use the iOS app only on an Apple-branded product that runs iOS.
Your use of the app must comply with the terms of use applicable to the
Apple source from which you obtain it (including the Usage Rules set forth
in the Apple App Store Terms of Service). You acknowledge that Apple has no
obligation to furnish you with any maintenance and support services with
respect to the app.
You acknowledge that Apple is not responsible for addressing any claims you
have or any claims of any third party relating to the app or your
possession and use of the app, including, but not limited to (i) product
warranty or liability claims; (ii) any claim that the app fails to conform
to any applicable legal or regulatory requirement; (iii) claims arising
under consumer protection or similar legislation; or (iv) claims that the
app infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any
applicable warranty that has not been effectively disclaimed by these
Terms, you may notify Apple, and Apple will refund the purchase price for
the app (if any) to you; to the maximum extent permitted by applicable law,
Apple will have no other warranty obligation whatsoever with respect to the
app, and, as between Apple and Worki any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any
warranty will be Worki’s responsibility, but only to the extent provided by
these Terms. Please read the entire Terms, as other sections of these Terms
limit Worki’s liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these
Terms. Upon your acceptance of the Terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce the Terms against you
as a third-party beneficiary thereof. There are no other third-party
beneficiaries of the Terms.
25.
Contact
If you have any questions regarding these Terms please contact us at
[email protected].
End.
April 27, 2021