Terms of Use

Effective Date: January 9, 2026     

These Terms of Use (“Terms”) govern your use of the services provided by Workera Corp (“Workera”, “our”, “we”, “us”, or “Workera”), including without limitation our website, mobile or web applications, or other digital products or services that link to or reference these Terms (collectively, the “Services”). These Terms are a binding legal agreement between you or the entity you represent (“you” or “your”) and Workera. If you are a Workera Reseller Enterprise User, you represent and are agreeing to these terms by and on behalf of the Reseller Business Customer, and you represent and warrant you have all necessary right, title and authorization to do so. You must agree to these Terms before you can use the Services. You can agree to these Terms by: (a) actually using the Services, including, without limitation, accessing our website or web app, and/or (b) clicking to indicate that you agree to the Services. These Terms are to ensure that you will use the Services only in the ways in which we intend for it to be used. 

Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our discretion. If we make a change to the Terms, we will post the revised Terms on our website and/or web app. 

PLEASE NOTE: THAT THE SECTION TITLED “DISPUTE RESOLUTION AND BINDING ARBITRATION” IN THESE TERMS CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE THE SECTION TITLED “DISPUTE RESOLUTION AND BINDING ARBITRATION” FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE AND HOW TO OPT OUT.

By accessing or using the Services, you acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are a visitor to our Services or a registered user.  If these Terms have materially changed since you last access or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms.

You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing. 

Our Services

The Services are controlled or operated (or both) from the United States and are not intended to subject Workera to any non-U.S. jurisdiction or law. The Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

We grant you permission to access and use the Services subject to the restrictions set out in these Terms. It is a condition of your use of the Services that the information you provide is correct, current, and complete. Your use of the Services is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are responsible for making all arrangements necessary for you to have access to the Services. You are responsible for ensuring your access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges) and obtaining and maintaining all equipment necessary to access the Services.

If you are invited or clearly provided with access to beta testing, free trials, limited release, non-production, evaluation or similar designation new tools and resources, which are not made available to the public and users broadly (“Beta Offering”), you should not rely on, nor expect, the continued availability of these new tools and resources. Any information, data, content, or materials provided or displayed to you in any Beta Offering, or any knowledge that you may have from or relating to such Beta Offering (collectively, “Beta Offering Information”), is proprietary and confidential information of Workera, and you shall not disclose any Beta Offering Information to any third party or person. Your access to and use of any Beta Offering shall be subject to these Terms and any additional terms that we specify. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OBLIGATIONS OR LIABILITIES WITH RESPECT TO SERVICES AND BETA OFFERINGS, INCLUDING ANY SUPPORT, WARRANTY AND INDEMNITY OBLIGATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR MAXIMUM AGGREGATE LIABILITY TO YOU WITH RESPECT OF ANY SERVICES AND BETA OFFERINGS WILL NOT EXCEED $10 USD. 

What About My Privacy?

You can access our complete privacy policy here: https://workera.ai/privacy-policy. You understand that by using the Services you consent and agree to the collection and use of certain information about you and your use of the Services in accordance with our privacy policy, which is incorporated by reference into and forms a part of these Terms. If you object to your information being used in this way, please do not use the Services. 

Account Registration

Our Services are designed such that users may create an account on our website to access certain services. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not use a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person, or a name that is offensive, vulgar or obscene. You may not transfer your account to anyone else without our prior written permission. 

You represent and warrant that (i) you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity), (ii) you are not located in a country or jurisdiction that is embargoed by the United States or subject to U.S. sanctions, and that you are not on the U.S. Treasury Department’s list of Specially Designated Nations and Blocked Persons List, or other OFAC Lists or Directives, the Entity, Denied Persons, Military End User, and Unverified Lists maintained by the U.S. Department of Commerce, and the UN Security Council Consolidated List, and (iii) you will comply with all applicable laws and regulations in connection with your use of the Services and in accordance with the terms and conditions specified in these Terms. 

If you’re accessing the Services as an authorized user of or on behalf of a Workera business customer (“Customer”), including in connection with a Workera Enterprise subscription purchased by your employer, you shall be referred to as a “Workera Enterprise User”. If you are accessing the Services as an authorized user of or on behalf of a business customer (“Reseller Customer”) of one of our authorized resellers (“Workera Reseller”), you shall be referred to as a “Workera Reseller Enterprise User”. Any user who is not a Workera Enterprise User or Workera Reseller Enterprise User shall be referred to as a “Workera Consumer User”.

As a Workera Consumer User, you will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We cannot and will not be responsible for your using the Services in any way that breaks the law. 

As a Workera Enterprise User, you will only use the Services in accordance with these Terms and in the manner authorized by and in accordance with the agreement Workera and the Customer have separately agreed upon (the “Customer Agreement”). 

As a Workera Reseller Enterprise User, you are agreeing to these Terms by and on behalf of the Reseller Customer, and you represent and warrant you have all necessary right, title and authorization to do so. References to “you”, “your” or “Workera Reseller Enterprise User” in these Terms will be deemed to include and be binding upon the Reseller Customer. You will only use the Services in accordance with these Terms and in the manner authorized by and in accordance with the agreement entered into between the Workera Reseller and the Reseller Customer (“Reseller Customer Agreement”).

You will not share your account or password with anyone, and you must protect the security of your account and your password. You are solely responsible for any and all activity associated with your account. In order to ensure we can protect and properly administer the Services and our community of users, we have the right to disable or close any user account at any time and for any reason or for no reason. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

Prohibited Uses

Your use of the Services is subject to the following additional restrictions. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct. You represent, warrant, and agree that you will not assist, encourage, or enable others to use or interact with the Services:

• To violate these Terms or any other rules or policies posted by us, which are hereby incorporated by reference.
• For any commercial purpose; except as expressly permitted under these Terms. 
• To infringe or violate the intellectual property rights or any other rights of anyone else (including us).
• To violate any law or regulation.
• To create, send, knowingly receive, display, transmit, upload, download, use or reuse any content or material which: 
  
  • Is harmful, fraudulent, deceptive, threatening, tortious, libelous, harassing, defamatory, obscene, or otherwise objectionable;
  • Infringes any intellectual property rights of any other person;
  • Promotes suicide or self-harm, incites hate or violence against others, or doxes another individual;
  • Contain any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by Workera in advance;
  • Violates or assists in the violation of legal rights (including any intellectual property rights and the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and/or our Privacy Policy; or
  • Be likely to deceive or confuse any person.
• In a manner that jeopardizes the security of your account or anyone else’s (such as allowing someone else to log on as you on the Services).
• In a manner that attempts to obtain the password, account, or other security information from any other user.
• To make the Services available to, or use the Services for the benefit of, anyone other than yourself and, where applicable, the business customer of Workera or the Workera Reseller. 
• To transmit any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of us or any third party.
• To violate the security of any computer network, or cracks any passwords or security encryption codes.
• To runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure).
• To “crawl,” “scrape,” or “spider” any page, data or portion of or relating to the Services or Content (through use of manual or automated means).
• To copy or store any significant portion of the Services or Content and/or share, post or distribute any significant portion of the Services or Content elsewhere.
• To decompile, reverse engineer, hack, disable, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
• To modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by Workera.
• To sell, resell, license, sublicense, distribute, rent or lease the Services, or include the Services in a service bureau or outsourced offering. 
• To use the Services (or any output generated by the Services) for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.
• To remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or Content or on any materials printed or copied from the Services.
• To permit direct or indirect access to or use of the Services in a way that circumvents a contractual usage limit.
• To take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure.
• To record, process, harvest, collect, or mine information about other users.
• To access, retrieve, or index any portion of the Services for purposes of constructing or populating a searchable database.
• In a manner that removes, circumvents, disables, damages, or otherwise interferes with any security-related features or other restrictions of the Services.
• To bypass or ignore instructions that control access to the Services, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to the Services.
• To attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• To permit direct or indirect access to or use of the Services in a way that circumvents any contractual usage limit.
• In a manner that copies the Services or any part, feature, function, graphics or user interface thereof.
• For benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
• To promote, market, or sell any products or services that are competitive with the Services.
• To allow the removal, alteration, covering, or obscuring of any proprietary notices or Workera trademarks or service marks that appear on the Services.
• To provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) (a) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism (b) located in a country or jurisdiction that is embargoed by the United States or subject to U.S. sanctions, or (c) on the U.S. Treasury Department’s list of Specially Designated Nations and Blocked Persons List, or other OFAC Lists or Directives, the Entity, Denied Persons, Military End User, and Unverified Lists maintained by the U.S. Department of Commerce, and the UN Security Council Consolidated List.
• To introduce any malware, viruses or harmful code into the Services.
• In any manner that may harm minors or that interacts with or targets people under the age of thirteen.
• For any other prohibited activities we may notify you of from time to time.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services. You represent and warrant that your use of the Services or execution of this Agreement does not and will not conflict with your obligations (or the obligations of the entity you represent) to any third parties, including, without limitation, employees, agents, or independent contractors.

Intellectual Property Rights

Unless otherwise indicated, the Services is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. 

Without limiting the foregoing, the materials and information displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, videos, photos, images, illustrations, user generated content, and so forth (all of the foregoing, the “Content”) are or may be protected by intellectual property laws or other legal rights. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. Workera is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. We do not endorse any Content made available through the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content. We are not liable for any errors or omissions in any information or Content, or for any damages or loss you might suffer in connection with such information or Content. We cannot control and have no duty to take any action regarding how you may interpret and use such Content or what actions you may take as a result of having been exposed to such Content, and you hereby release us from any and all liability for you having acquired or not acquired Content through the Services.

As a Workera Consumer User, the viewing, printing or downloading of any Content or information from the Services grants you only a limited, non-exclusive license for use solely by you for your own internal, personal use and not for republication, distribution, assignment, sublicense, sale, publication, preparation of derivative works or other use. No part of any Content or information from the Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your internal, personal use, except as expressly authorized by us. 

As a Workera Enterprise User, you may only use Content or information from the Services in the manner authorized by and in accordance with the Customer Agreement.

As a Workera Reseller Enterprise User, you may only use Content or information from the Services for your internal business purposes, in the manner authorized by and in accordance with these Terms and the Reseller Customer Agreement.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply—they do!

AI Output

The Services may include certain features, such as chatbot functionality, voice-to-voice  or voice-to-text transcription,  that use or leverage artificial intelligence related technology, including third party large language and other models (“Third Party Models”). You understand and agree that Third Party Models are not developed by Workera. Workera does not control or influence the training or hosting of Third Party Models, and is unable to guarantee the suitability, accuracy, quality, security, legality, and reliability of Third Party Models, including any outputs provided or generated from the Third Party Models (“AI Outputs”). You understand and agree that AI Outputs may contain errors and misstatements that may be incomplete or inaccurate. Before leveraging any AI Outputs, you are responsible for making your own determination that the AI Outputs are suitable. You are solely reliable for any reliance on the accuracy, completeness, or usefulness of any AI Outputs. You understand and agree that Workera will not be liable for any loss or damages arising from or related to any Third Party Models or AI Outputs. Third Party Models may be subject to additional terms and conditions, in which case you are solely responsible for complying with such terms and conditions. Notwithstanding anything to the contrary, any warranties or indemnities provided by Workera do not apply with respect to Third Party Models or AI Outputs.  

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personal information. You are responsible for all of your User Submissions that you provide, in any manner, through the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it.

For Workera Consumer Users, for all User Submissions, you hereby grant us a license to use, display, perform, distribute, copy, adapt, create derivative works of, translate, modify and reproduce and otherwise exploit such User Submissions, for our business purposes, including without limitation to enable us to operate, provide and improve the Services. You agree that the foregoing license you grant is royalty-free, perpetual, transferable, sublicensable, irrevocable, and worldwide. 

For Workera Enterprise Users, any User Submissions will be considered the Customer’s data. You acknowledge and agree that such Customer’s data is owned by the Customer and the Customer Agreement provides Customer with many choices and control over Customer’s data, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer’s data. AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER’S DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER’S DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON CUSTOMER’S DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS.

For Workera Reseller Enterprise Users, for all User Submissions, you hereby grant us and our Affiliates (including third party hosting providers acting on our behalf) a worldwide, non-exclusive, limited term license to access, use, copy, distribute, perform and display User Submissions (a) as reasonably necessary to provide the Services to the Reseller Customer and its authorized users in accordance with this Agreement; (b) to prevent or address service or technical problems or at the Reseller Customer's request in connection with customer support matters; or (c) as compelled by law or as expressly permitted in writing by the Reseller Customer. You are responsible for (1) obtaining any permissions required for Workera and your owners and administrators to have rights to access User Submissions in connection with the Services, (2) you and your authorized users’ compliance with these Terms, and (3) the accuracy, appropriateness and legality of User Submissions. You will use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and will notify Workera promptly of any such unauthorized access or use.

You further acknowledge and agree that we may use, analyze, compile and aggregate certain information provided through User Submissions to create certain anonymized, aggregated analytical and statistical data (“Aggregated User Data”), to help us better provide the Services, and which Aggregated User Data may be provided to users of the Services and used in our own marketing to demonstrate the results or effectiveness of the Services in certain situations, provided in each case that any information from your User Submissions that is used in creating such Aggregated User Data is not separately identifiable such that any particular information can be associated with you, but is instead embedded in such Aggregated User Data only in a general and aggregated manner. Workera is the owner of all intellectual property rights in Aggregated User Data.

Finally, you understand and agree that we, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and any of the foregoing licenses include the rights to do so.

Copyright Infringement and DMCA 

We respect the intellectual property rights of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any user to use the Services (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information in writing to the “Copyright Agent”: 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the material that you claim is infringing is located on the Services.
• Your address, telephone number, and email address.
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and/or the law. 
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

All notices of copyright infringement claims should go to our Copyright Agent at

Email

copyrightagent@workera.ai 

Mail

Workera Corp

ATTN: Copyright Agent

425 Page Mill Road

FL 2 #2041

Palo Alto, CA 94306

You acknowledge and agree that if you fail to substantially comply with all of the requirements above, your DMCA takedown notice may not be valid. If we receive a valid DMCA takedown notice, we may send a copy, including any contact information you provide, to the user responsible for the challenged content.

We will review your submission and take whatever action we deem appropriate under the DMCA, including removal of or disabling of access to the challenged content if appropriate. In appropriate circumstances, under our repeat infringer policy, we will also suspend or terminate the accounts of users who repeatedly or egregiously infringe the copyrights of third parties

Third Party Websites and Services

The Services may contain links or connections to third party websites that are not owned or controlled by us. When you access third party websites, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website that you visit or utilize.

If you are a Workera Enterprise User or Workera Reseller Enterprise User and the Customer or Reseller Customer, as applicable,       has elected to connect an external product, service, application functionality or content that is provided by a third-party or the Customer or Reseller Customer      (a “Third Party Service”) with the Services, then you may be able to access the Third Party Service in connection with your use of the Services. You understand and agree that we have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of any Third Party Services or their respective providers. Any exchange of data or information between you and the Third Party Service is solely between you and the provider of such Third Party Service. Workera is not responsible for any disclosure, modification or deletion of your data or information that may result from access or interactions with the Third Party Service or its provider. Workera has no obligation to monitor any Third Party Services and may block or disable access to any Third Party Services (in whole or in part) through the Services at any time.

In addition, we will not and cannot monitor, verify, censor or edit the content of any Third Party Services or third party websites. You use any Third Party Services or third party websites at your own risk and will need to make your own independent judgment regarding any interaction or interoperation with such Third Party Services or third party websites. By using the Services, you release and will hold harmless us from any and all liability arising from your use of any Third Party Services or any third party website.

Confidentiality

“Confidential Information” means: (i) Workera’s product road maps, product development plans, pricing, business plans, customer lists, documentation, business and financial information; (ii) any other information or data which Workera discloses to you in tangible form and conspicuously marks as “confidential,” “proprietary” or with other words generally understood to communicate the confidential nature of the information; and (iii) any other information that Workera makes available to you that should reasonably be understood to be confidential in nature.

You may use the Confidential Information solely to exercise your rights and to perform your obligations under these Terms (the “Purpose”).  You shall hold the Confidential Information in confidence using the same degree of care you normally exercise to protect your own confidential information of a similar nature, but in no event less than reasonable care, and you shall not disclose the Confidential Information to any third party, except as expressly provided herein.  You may disclose the Confidential Information only to those of your employees, contractors, and other agents (collectively “Representatives”) who require knowledge of the Confidential Information to accomplish the Purpose and who have been advised by you of your obligations under these Terms and who have agreed in writing or are under a professional duty to maintain the confidentiality of the Confidential Information. You are liable for each Representative’s compliance with these Terms.  You shall give immediate notice to Workera of any unauthorized use or disclosure of the Confidential Information and assist Workera in remedying any such unauthorized use or disclosure. Confidential Information will not include any information which: (a) is already lawfully in your possession without any obligation of confidentiality; (b) is or becomes generally available to the public through no fault or omission by you; or (c) is independently developed by you without any use of any Confidential Information.

If any Confidential Information is required to be disclosed by you as a matter of Applicable Law, you will use all reasonable efforts to provide Workera with prior notice of such disclosure and to obtain a protective order therefor. You shall promptly return or destroy (at Workera’s option) all copies and excerpts of the Confidential Information to Workera when no longer needed or when requested to do so by Workera, except for copies of documents in electronic formats that are made as a consequence of automatic backup processes and procedures; provided, however, that such copies are destroyed upon the normal expiration of such automatic backup processes. You agree that Workera’s remedies at law for a breach by you of your obligations hereunder may be inadequate and that Workera shall be entitled to seek equitable relief without the requirement of posting a bond.

Will You Ever Change The Services?

We are always trying to improve the Services, so they may change over time. We may, with or without notice, suspend or discontinue any part of the Services or introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and with or without notice.

What If I Want To Stop Using the Services?

You are free to stop using the Services at any time. Please refer to our Privacy Policy, as well as these Terms, to understand how we may use and retain information you provide to us after you have stopped using our Services.

We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What Else Do I Need To Know?

Warranty Disclaimer. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WORKERA DOES NOT WARRANT THAT THE CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES IS ACCURATE, RELIABLE OR CORRECT, THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FURTHER WAIVE AND HOLD HARMLESS WORKERA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WORKERA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WORKERA OR LAW ENFORCEMENT AUTHORITIES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WORKERA DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE SERVICES, OR THAT USE OF THE SERVICES WILL LEAD TO THE ACHIEVEMENT OF ANY SPECIFIC GOALS. USE OF THE SERVICES AND RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES IS AT YOUR OWN RISK.

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES CONTAINED HEREIN. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTION 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR RESPONSIBILITY OF A SELLER…” AND (Y) SECTION 16, WHICH STATES, AMONG OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISIONS.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WORKERA BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $10, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold harmless Workera, its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) any of your User Submissions, (d) your violation of any third party right or applicable law, or (f) your negligence or willful misconduct. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Publicity. As a Workera Consumer User, you agree that we may identify you as a user and advertise or publicize our provision of the Services to you, including on our website or in our promotional materials. You also grant us a non-exclusive, worldwide, right and license to use your company name and logo in marketing, sales, financial, and public relations materials and other communications for purposes of identifying you as a user. You further agree to allow us to use your name, logo and examples and visuals of how you are using the Services in the public domain, in corporate, promotional and marketing materials and content, and in the normal course of business.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.

Choice of Law. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws and provisions thereof. 

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Workera may, in our sole discretion do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Workera agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Workera, and that they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever. You and Workera agree there are no third-party beneficiaries intended under these Terms.

Dispute Resolution and Binding Arbitration

READ THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WORKERA. You agree that any and all disputes or claims that have arisen or may arise between you and Workera, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Workera are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Pre-Arbitration Dispute Resolution. Workera is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@workera.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Workera should be sent to the following address: 425 Page Mill Road, FL 2 #2041, Palo Alto, CA 94306("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Workera and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Workera may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Workera or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Workera is entitled.

Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WORKERA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WORKERA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Waiver of Jury Trial. YOU AND WORKERA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Workera are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as otherwise expressly specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Arbitration Procedures. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Clara County, California, or the Northern District of California.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

One Year Limitations Period. You agree that any claim against Workera must be brought within one year of the date on which you first become aware, or reasonably should have become aware, of facts giving rise to such claim. You agree that this one-year limitations period is reasonable and that if you fail to provide notice of intent to initiate an informal dispute resolution conference within such time, your claim will be forever barred and may not be pursued against Workera, either in arbitration or a court.

Opt Out. Within 30 days of first accepting the Agreement containing this Arbitration Agreement, you can choose to reject this Arbitration Agreement by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this Arbitration Agreement for the first time. You must mail the opt-out notice to the Notice Address.  The opt-out notice must include your name, address, phone number, and the email address(es) used to log in to the Services to which the opt-out applies, and can only be submitted on behalf of yourself. You agree to maintain your own copy of any opt-out request that you mail to Workera. Mass, group, collective, or consolidated opt-outs are not permitted. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Agreement will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have or may enter into with us. If you do not opt out of this Arbitration Agreement, but reject a future change to arbitration provisions, you agree that you will individually arbitrate any dispute in accordance with the language of this version of the Arbitration Agreement.

Court Proceedings.  Subject to and without waiver of the Arbitration Agreement, you and we each submit to exclusive personal jurisdiction and agree that any judicial proceedings (other than small claims actions) will be brought in the federal courts of the Northern District of California or state courts located in the Santa Clara County.

How Can I Contact Workera or Provide Feedback? 

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@workera.ai. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development that is owned by us, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, exploit, modify, prepare derivative works, publish, distribute and sublicense the Feedback for any purpose. 

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