Updated: 04/09/2023

1 These Terms of Service (this “Agreement”) between Worksite (“we”, “us” or “Worksite”) and you govern your access and use of our web platform made available through www.worksite.dev and/or www.worksitecrew.com (this “Site”) and the subscription or other services we provide (the “Services”). By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

This Site is operated and controlled by us from our offices located in the United States. We do not guarantee that the materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly prohibited. If you choose to access this Site from locations outside the United States, you are solely responsible for complying with all applicable laws and regulations.

We reserve the right to update this Agreement periodically. Your continued use of this Site and the Services following any such update indicates your acceptance of the updated Agreement in its entirety. All updates become effective immediately upon posting on the Site. We recommend that you regularly check the “Terms of Service” link on the home page each time you visit this Site to stay informed about any updates.

Our Privacy Policy, located at https://worksitecrew.com/privacy-policy/ (the “Privacy Policy”), outlines how we may collect and use your personal information. By using this Site, you agree to accept the terms of the Privacy Policy, which is incorporated into this Agreement by reference. If you do not agree with the Privacy Policy, please leave this Site immediately. You must be at least 18 years old to access this Site.

3.1 Provided that you comply with this Agreement, subscribe to an applicable plan, and make timely payments, we will grant you access to the relevant Services during the subscribed term. We will make every commercially reasonable effort to ensure that the Services are available to you, subject to scheduled downtime and any unscheduled emergency maintenance. Please note that we reserve the right to modify, replace, or discontinue the Services at any time, without providing prior notice to you.

3.2 Your access to and use of the Services is subject to compliance with the terms of this Agreement. By using this Site, you agree to: (i) provide accurate, current, and complete Registration Data in response to any form on the Site; (ii) promptly update the Registration Data to ensure that it is accurate, current, and complete at all times (iii) keep any password and identification information secure; (iv) immediately notify us of any unauthorized use of your account; and (v) accept sole responsibility for all activities that occur under your account. Each individual who utilizes the Services must have a unique username and password. You must supply a valid email address for every authorized user of your account. Additionally, you agree to provide any other information that we may reasonably require.

3.3 It is your responsibility to acquire and maintain all necessary telecommunications, broadband, and computer equipment and services required for accessing and using the Services, as well as paying any associated charges.

3.4 Your account may be terminated at any time without prior notice or liability to you if we, in our sole and exclusive discretion, determine that you have: (i) breached this Agreement; (ii) do not align with our model; (iii) shared usernames or passwords; (iv) violated our core values; or (v) misused our services or team, including using our services for illegal activities.

3.5 The term “Licensed Content” refers to content that we have either licensed or own, which includes artwork, stock photos, audio, typefaces, videos, designs, and writings. Although you will retain sole and exclusive ownership of all rights, titles, and interests in your creative design project, any Licensed Content integrated into it is subject to the license outlined in Section 4 below. You are not granted any rights other than those specifically stated here. On the other hand, you give us an everlasting, non-revocable, global, non-exclusive, transferable, and sublicenses right and license to commercially utilize any feedback, suggestions, or recommendations that you offer to us in any way.

3.6 Provided that you continue to comply with the terms of this Agreement, which includes paying any associated fees promptly, we authorize you to use the Services for your internal business needs through a limited, non-exclusive, non-sublicensable, and non-transferable license. Using the Services to monitor its availability, performance, or functionality for competitive purposes is strictly prohibited. Additionally, you must not engage in any of the following activities, nor permit any third party to do so: (a) attempt to reverse engineer, decompile, disassemble, or otherwise uncover the Services’ source code, object code, or underlying structures, ideas, or algorithms, except where permitted by statutory law, (b) create derivative works based on the Services or modify or translate it in any way, (c) utilize the Services for any purposes other than your own internal use, or (d) use the Services in a manner that violates this Agreement or any applicable laws or regulations, including, but not limited to, privacy and intellectual property laws.

4.1 You are allowed to use the Services for all projects and scope that fall within the parameters of your subscription plan and are appropriate based on the size of your account. Although we accept unlimited requests and revisions, the output volume is subject to several factors, such as the total number of requests and their complexity. While we will make every effort to work with you and prioritize your requests to meet your deadlines, we advise against using our Services for time-sensitive projects.

4.2 Although we strive to minimize errors, we cannot guarantee that all files delivered will be completely error-free due to the creative nature of design work and social media management. Upon receiving a file from us, you are responsible for reviewing and proofreading it for any errors or omissions. If any changes or corrections are required, you must notify us within seven (7) days of receipt. We will make every effort to edit quickly and correct any mistakes that you bring to our attention during this timeframe. However, if you report any errors after this period has elapsed, we are not obligated to but will make every effort to work with you to rectify any issues.

4.3 The speed of your account is determined by the number of subscriptions associated with your membership level. A subscription is a unit of measurement that represents the output achievable by our team, software, and web platform within a single business day. However, the amount of work that can be accomplished with a single subscription is subject to various factors, such as the type of plan, volume, and complexity of requests. Therefore, we cannot guarantee a specific amount of work that can be completed with a single subscription.

To enhance the volume of work that can be completed within a business day, we recommend adding more subscriptions to your account. This will allow us to increase the output achievable within a given time frame.

Some services are only available if paid membership is up to date.

4.4 You maintain full ownership and control of all information, data, or materials that you provide to us for the use of our Services (“Customer Content”). By submitting Customer Content to us, you warrant that you are the rightful owner of such Customer Content or have obtained the necessary rights, licenses, and authorizations to distribute it.

Additionally, you grant us a non-exclusive, worldwide, royalty-free license to access and use the Customer Content for the sole purpose of providing the Services to you. This license includes the right to reproduce, modify, distribute, display, and perform the Customer Content, as necessary to provide the Services.

This license will remain in effect during the term of your use of our Services and will automatically terminate upon the termination of your account.

4.5 You will have complete ownership over all deliverables and their associated intellectual property rights. This ownership extends to any and all rights, titles, and interests related to the deliverables, both now and in the future.

Any deliverables that may qualify as “work made for hire” under 17 U.S.C. §101 will be designated as such and will be considered your property. In the case that any deliverables do not qualify as “work made for hire,” we will assign all rights, titles, and interests, including any and all intellectual property rights, to you on a worldwide basis. This assignment is irrevocable, and you will have complete ownership over the deliverables and all associated intellectual property rights. Despite the preceding statement, the provisions of Section 4.5 are contingent upon your compliance with the terms of this Agreement, the payment of all applicable fees, and adherence to the terms set forth in Sections 4.6 and 5. You grant us a limited, non-exclusive, non-sublicensable, royalty-free worldwide license to utilize, host, operate, copy, reproduce, process, adapt, translate, publish, transmit, display, and distribute any deliverables that we produce as a part of the Services. This license is solely for the purpose of delivering the Services to you and managing your account. In addition, we reserve the right to use the deliverables and other information related to you and your use of our Services for internal purposes, with the objective of enhancing and improving our Services. This information may also be used in an aggregated form for marketing and advertising purposes, to demonstrate the range of our Services.

4.6 During the provision of Services, we may utilize specific pre-existing materials. Our licensors and we shall continue to be the sole and exclusive owners of all rights, titles, and interests in and to such pre-existing materials. We provide you with a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to utilize, display, and distribute any pre-existing materials to the extent necessary for the use of Services or deliverables. Such pre-existing materials may be incorporated in, combined with, or otherwise needed for the use of Services or deliverables.

All other rights in and to such pre-existing materials are explicitly reserved by us.

4.7 At Worksite.dev, WorksiteCrew.com, and all associated brands or subsidiaries, we do not condone or tolerate the use of our Service for discriminatory purposes, particularly based on factors such as race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are strictly prohibited from using the Service in any way that may encourage, promote, or facilitate such discriminatory behavior or incite hostility or violence. If we determine, at our sole discretion, that your use of the Service is discriminatory, especially based on the aforementioned factors, we reserve the right to permanently or temporarily suspend or terminate your access to the Service without notice and without liability.

As a social media management agency, we strive to provide reliable and effective social media management services to our clients. However, we cannot control the actions or policies of social media platforms, which may result in the suspension or termination of client accounts.

Therefore, by using our services, you acknowledge and agree to the following waiver:

5.1 You understand and acknowledge that social media platforms may suspend, terminate, or otherwise disable your account(s) for a variety of reasons, including but not limited to violating their terms of service, community guidelines, or policies.

5.2 You agree that we are not responsible for any account suspension or termination by social media platforms.

5.3 You agree that we cannot guarantee the continuous or uninterrupted availability or functionality of social media platforms or our services.

5.4 You acknowledge and agree that we will not be liable for any damages, losses, or expenses arising from the suspension, termination, or disabling of your social media accounts or from any issues related to the availability or functionality of social media platforms.

5.5 You understand that you are solely responsible for any actions taken on your social media accounts and for complying with the terms of service, community guidelines, and policies of social media platforms.

5.6 You agree to indemnify and hold us harmless from any and all claims, damages, losses, liabilities, and expenses arising from any account suspension, termination, or disabling of your social media accounts or any issues related to the availability or functionality of social media platforms.

By using our services, you acknowledge and agree to these terms. If you do not agree to these terms, you may not use our services.

6.1 Provided that you comply with the terms of this Agreement and pay all applicable fees, we give you a non-exclusive, non-transferable, revocable, royalty-free license to use the Licensed Content worldwide for personal or professional purposes, including in your own design projects. You may not, directly or indirectly, stockpile, sell, lease, sublicense, distribute, copy, reproduce, republish, reverse engineer, download, data mine, or modify any Licensed Content that is made available through the Premium Stock Services, unless expressly authorized by us.

6.2 To the extent that we license the Licensed Content from any third party, including but not limited to Freepik.com, Canva.com, Pexels.com, you agree to comply with the relevant third-party license. Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Licensed Content apart from a design deliverable prepared by us or as part of a design product for your own personal use; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any Licensed Content; (iii) falsely represent that you are the original creator of any Licensed Content; (iv) use Licensed Content in a pornographic, defamatory, or other unlawful manner; (vi) use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file or work.(vii) use Licensed Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.

6.3 We and our licensors will continue to own the Licensed Content that you license from us, whether you download it through our Stock Services or use it in your creative design deliverables. We reserve the right to revoke, withdraw, or terminate all licenses if you fail to comply with any provisions of this Agreement. If we terminate the license, you will no longer have the right to use the Licensed Content, even if it has been incorporated into your design deliverables.

6.4 Worksite strongly opposes and will not tolerate any use of its Service for the purpose of discrimination against others, particularly on the grounds of race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are prohibited from using the Service in any manner that could incite, promote, or support such discrimination, and you must not use the Service to incite or promote hostility or violence. If we determine, in our sole discretion, that your use of the Service is being used to discriminate, especially on the basis of race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we reserve the right to permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason.

7.1 In order to utilize our Services, it is necessary to pay recurring fees. Prior to us being obligated to provide any Services, you are required to fully pay the fees along with any applicable taxes, as specified during registration for the designated billing frequency and amount. You may update this information prospectively, but not retroactively. Payment for all fees is required upon receipt of the invoice. If Worksite, Worksite.dev, Worksite Crew, and or any of its brands or online properties, fails to provide an invoice, you are still responsible for paying the fees according to the terms specified during registration. By registering for our Services, you agree to authorize us to charge your chosen method of payment (such as a credit card) for the fees and applicable taxes starting from your registration date, based on the billing frequency you selected (monthly, quarterly, annually). If charges are not paid on time, interest will accumulate monthly at a rate of 1.5% of the outstanding unpaid balance, or the maximum rate allowed by law (whichever is lower). We retain the right to suspend or terminate your account if you fail to pay the amounts due to us on time. All amounts owed under this Agreement are non-refundable and cannot be canceled, except as outlined in Section 6.

7.2 We retain the right to modify our fees with a minimum of 5 days advance notice. If you continue to use our Services, you agree to accept these changes. Please note that we are not obligated to inform you of temporary discounts or reductions in fees.

7.3 You have the option to cancel your subscription (memberships) with us at any time, either by directly using our application or by contacting our support team. If you choose to cancel your subscription before the next renewal cycle, you will be able to access your design files and continue using your account until the end of your current billing period. Once your subscription expires, you will no longer have access to our Services or any design files associated with them. Please note that we do not provide refunds or credits for partial months of service, downgrades, or unused time.

7.4 Worksite.dev, brands, and its online properties, offers a 14-day Customer Satisfaction period for quarterly and annual subscriptions (memberships). If you have purchased a quarterly or annual subscription and request a refund within 14 days of the initial sign-up date, you will be eligible for a full refund. Please note that this policy does not apply to subscription renewals, and we retain the right to refuse a refund.

8.1 Within the context of this Agreement, the phrase “Confidential Information” refers to information that is not public or proprietary. This includes but is not limited to, information pertaining to present or future business operations, products and services, research, images, developmental processes, design specifics, and marketing strategies.

8.2 Throughout the course of our partnership, you may share your Confidential Information with us. We agree to keep this information confidential and not disclose it to any third party unless approved or directed in writing by you. Furthermore, we will only use your Confidential Information for the purpose of providing our Services to you. Access to your Confidential Information will be restricted to only those employees, officers, directors, contractors, representatives, and agents who are involved in providing Services to you. Even though we will put guardrails to your confidential information, we will not hold ourselves accountable to you for any breach of this provision by our employees, officers, directors, contractors, representatives, and agents, due to the digital nature of our Services.

8.3 Throughout our business partnership, we may disclose our Confidential Information to you. You agree to maintain the confidentiality of our Confidential Information and not disclose it to any third party unless authorized or directed by us in writing. You may only use our Confidential Information for purposes explicitly allowed by this Agreement. Access to our Confidential Information must be limited to those employees, officers, directors, contractors, representatives, and agents who require access to fulfill their duties. You will be responsible for any violation of this provision by your employees, officers, directors, contractors, representatives, and agents.

8.4 Despite any other provisions stated in this Agreement, the following information shall not be considered Confidential Information:

(a) information that was already in the public domain at the time of its disclosure, or became public without any violation of this Agreement; (b) information that was rightfully possessed by a party prior to its disclosure; (c) information that was independently developed by a party without infringing upon this Agreement; (d) information that is acquired by a party from a third-party source that is not connected, directly or indirectly, to any violation of this Agreement, and which is not subject to any restrictions.

8.5 The obligation to maintain confidentiality under this Agreement will remain in effect for a period of three (3) years after the termination of this Agreement.

9.1 If you do not give us written notice stating otherwise, or any reasonable restrictions or requirements, we have your agreement to disclose that you are a customer and use your name(s) and logo(s) in our digital, online, and printed marketing materials (including on our websites) and external-facing presentations, including to individual clients and prospects.

10.1 Upon the expiration or termination of your account or subscription to a Service, this Agreement will also expire and terminate. However, certain sections of this Agreement that are necessary to continue after termination will still be valid and enforceable. These sections include, but are not limited to, your accrued rights to payment, obligations to maintain confidentiality, warranty disclaimers, and limitations of liability.

10.2 We reserve the right to terminate this Agreement if you default or breach any of the terms outlined in this Agreement. We will provide you with notice of termination. Upon the expiration or termination of your account or subscription to a Service, all rights you had under this Agreement for that particular Service will immediately end. You will lose all access to the Service, including access to your account and any Customer Content or other files. In the event that we terminate this Agreement due to your breach, any licenses you had to Licensed Content will also terminate.

11.1 We guarantee that you will receive a valid and lawful license to all deliverables, which will be free and clear of any encumbrances and liens, except for Licensed Content and other pre-existing materials that may be subject to additional terms and restrictions. WITH THE EXCEPTION OF THE TERMS OUTLINED IN SECTION 9.1, THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DO NOT MAKE ANY PROMISES OR GUARANTEES REGARDING OUR SERVICES AND, TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHER VIOLATIONS OF RIGHTS, WHETHER CONVEYED ORALLY OR IN WRITING, AND WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE.

12.1 WE (WORKSITE.DEV, WORKSITECREW.COM, ANY OF ITS BRANDS, PROPERTIES, OR SUBSIDIARIES) WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED FIFTY DOLLARS, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US (WORKSITE.DEV, WORKSITECREW.COM, ANY OF ITS BRANDS, PROPERTIES, OR SUBSIDIARIES)  HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED TO CUSTOMER CONTENT OR USE OF THE SERVICES OR ANY DELIVERABLES.  YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.

14.1 In the event that this Site is accessible through a third-party platform or if we provide links from this Site to a third-party platform, we will not be held responsible for any content or practices of such third parties. Even though we work with third-party platforms, we can’t and won’t be responsible for any content or practices of such third parties, as we have no control over them or their platforms.

15.1 At our company, we prioritize claims of copyright infringement and take them very seriously. We will address notices of alleged copyright infringement that meet the requirements of applicable law. If you believe that any materials accessible on or from this Site infringe your copyright, you may submit a written request to our designated agent for the removal of those materials from the Site.

15.2  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the ”DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works; (iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the written notice is accurate; (vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

15.3 It is important that we see requests for Digital Millennium Copyright Act asap. Please email our designated agent DMCA Notices to:

Email: hello@worksitecrew.com

Subject line: Chief of Staff – DMCA Notice

Please provide us 48hrs to respond.

16.1 This Agreement is governed by and interpreted in accordance with the laws of the State of Arizona, without considering any choice of law, conflicts of law, or other principles that would result in the application of the laws or regulations of any other jurisdiction. Any legal action, claim, or proceeding arising from or related to this Agreement must be brought in a state or federal court of competent jurisdiction in Maricopa County, Arizona. The parties agree to accept the exclusive jurisdiction of, and agree that venue is appropriate in, these courts for any such legal action or proceeding.

16.2 If it is determined that no court in Maricopa County, Arizona has jurisdiction, any disputes related to or arising from this Agreement shall be resolved through binding arbitration conducted by the International Centre for Dispute Resolution in Phoenix, Arizona in accordance with its International Arbitration Rules. The arbitration proceeding, as well as any ruling, decision, or award made by the arbitrator, will be kept strictly confidential for the benefit of all parties involved.

16.3 THE PARTIES 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.

16.4 THE PARTIES AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17.1 This Agreement and the associated rights and obligations are specific to you and may not be assigned or transferred by you without our prior written consent. We, on the other hand, may assign this Agreement, including in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or stock, without any restriction.

18.1 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the remaining provisions of this Agreement will remain in full force and effect. The parties will negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid and enforceable provision that best reflects their original intent.

19.1 If either party does not exercise a right under this Agreement, it does not waive the right to exercise such right in the future. Waiving a breach of any term or condition of this Agreement or a breach of this Agreement in any one instance does not waive the term or condition or the right to enforce it in the future.

20.1 If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to a pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications,  utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.

21.1 If you have executed a separate agreement with us applicable to your access to and use of this Site or our Services, then the terms and conditions of that agreement prevail to the extent of any conflict with this Agreement. In all other cases, this Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior communications and proposals.