Terms of Service

Please read these Terms of Service ("Terms") carefully before using the WorkMesh platform, mobile applications, and services (collectively, the "Service") operated by WorkMesh ("us", "we", or "our").

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Account Registration

2.1 Account Creation

To use certain features of the Service, you must register for an account. You must provide accurate, current, and complete information during the registration process and keep your account information updated.

2.2 Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2.3 Account Types

WorkMesh supports multiple user roles including administrators, managers, and field technicians. The account creator (typically the organization administrator) is responsible for managing user access and permissions within their organization.

3. Use of the Service

3.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service for legitimate field service management and business operations.

3.2 Prohibited Activities

You agree not to use the Service:

• In any way that violates any applicable national, federal, state, local, or international law or regulation
• To transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• To impersonate or attempt to impersonate WorkMesh, a WorkMesh employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm WorkMesh or users of the Service
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
• To use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service

4. Data and Content

4.1 Your Content

"Content" means any data, information, text, images, photos, or other materials that you upload, store, or transmit through the Service. You retain all rights to your Content. By uploading Content to the Service, you grant us a license to use, store, and process your Content solely for the purpose of providing and improving the Service.

4.2 Customer Data

You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all your Content. You represent and warrant that:

• You own or have the necessary rights to use and authorize us to use your Content
• Your Content does not violate any third-party rights, including intellectual property rights and privacy rights
• Your collection and processing of customer data through the Service complies with all applicable data protection laws

4.3 Data Processing

Where applicable, WorkMesh acts as a data processor on behalf of your organization (the data controller) for customer data you enter into the system. Our data processing activities are governed by our Privacy Policy and any applicable Data Processing Addendum.

5. Intellectual Property

5.1 WorkMesh Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of WorkMesh and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WorkMesh.

5.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes.

6. Subscription and Payment

6.1 Subscription Plans

Some aspects of the Service may be provided on a subscription basis. You will be billed in advance on a recurring basis depending on the subscription plan you select. Subscription fees are non-refundable except as required by law or as explicitly stated in these Terms.

6.2 Free Trials

We may offer free trial subscriptions. At the end of the trial period, you will be automatically converted to a paid subscription unless you cancel before the trial ends.

6.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Your access to the Service will continue until the end of your current billing period. You will not receive a refund for any fees already paid.

7. Termination

7.1 Termination by You

You may terminate your account at any time by following the account deletion process in the WorkMesh mobile app or by contacting us. See our Privacy Policy for information on data retention after account termination.

7.2 Termination by WorkMesh

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

7.3 Effect of Termination

Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Provisions that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Indemnification

You agree to defend, indemnify, and hold harmless WorkMesh and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Service, or any services or goods obtained through the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your Content caused damage to a third party

9. Limitation of Liability

In no event shall WorkMesh, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Any other matter relating to the Service

10. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

WorkMesh does not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Service is free of viruses or other harmful components
• The results of using the Service will meet your requirements

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim against WorkMesh, you agree to try to resolve the dispute informally by contacting support@getworkmesh.com. We'll try to resolve the dispute informally within 30 days.

12.2 Arbitration

If the dispute is not resolved informally, you and WorkMesh agree to resolve any dispute arising out of or relating to these Terms through binding arbitration, except that either party may bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction for intellectual property disputes.

12.3 Class Action Waiver

You agree that any arbitration or court proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

14. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by WorkMesh. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that WorkMesh shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

15. Open Source

The Service may include open-source software components. The use of such components is governed by their respective open-source licenses, which are available upon request.

16. Contact Us

If you have any questions about these Terms, please contact us:

• Email: support@getworkmesh.com
• Website: getworkmesh.com