Terms and Conditions

TERMS AND CONDITIONS

Effective Date: [Month Day, Year]
Last Updated: [Month Day, Year]

Welcome to WORKS (“WORKS,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of the WORKS website, software, products, services, demonstrations, and related digital offerings.

WORKS provides construction management software and related digital solutions designed to help contractors, drywall businesses, builders, and construction professionals organize projects, manage estimates, coordinate documents, monitor schedules, and oversee business operations.

By accessing our website, requesting a demonstration, creating an account, purchasing a service, or using any WORKS product, you acknowledge that you have read, understood, and agreed to these Terms.

If you do not agree to these Terms, please do not access or use our website or services.

1. Acceptance of Terms

By using WORKS, you represent that:

You are at least 18 years old or the age of legal majority in your jurisdiction.
You have the legal authority to accept these Terms.
If you are acting on behalf of a company or organization, you are authorized to bind that organization to these Terms.
You will use WORKS in compliance with applicable laws and regulations.

We may update these Terms periodically. Continued use of WORKS after updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

2. Description of Services

WORKS is a construction management software solution intended to support business organization and operational workflows.

Depending on the product version, plan, and services purchased, WORKS may provide features such as:

Project and job management.
Estimates and proposals.
Invoices and financial records.
Document organization and management.
Project schedules and progress tracking.
Business and operational dashboards.
Team coordination and related management tools.

Available features may vary depending on the version, configuration, license, or service arrangement.

We reserve the right to improve, modify, add, suspend, or discontinue features, provided that any applicable contractual obligations are respected.

3. Website Use

You may use the WORKS website for lawful purposes, including:

Learning about our products and services.
Requesting product demonstrations.
Contacting our team.
Reviewing product information and available plans.
Accessing authorized resources.

You agree not to:

Use the website for unlawful, fraudulent, or misleading activities.
Attempt to gain unauthorized access to our systems or infrastructure.
Introduce malicious software, viruses, or harmful code.
Interfere with website functionality, security, or availability.
Copy, scrape, or reproduce website content for unauthorized commercial purposes.
Misrepresent your identity or affiliation with another person or organization.

We may restrict access to users who violate these Terms.

4. Accounts and Account Security

Certain WORKS services may require an account.

You are responsible for:

Providing accurate and current registration information.
Maintaining the confidentiality of your login credentials.
Restricting unauthorized access to your account.
Maintaining appropriate security for devices used to access WORKS.
Notifying us promptly if you suspect unauthorized access or account misuse.

You are responsible for activities performed through your account, except where applicable law provides otherwise or the activity results from our own failure to meet a legal obligation.

We reserve the right to suspend or restrict accounts that violate these Terms or create a security risk.

5. Software License and Permitted Use

Unless a separate written agreement provides otherwise, WORKS grants authorized customers a limited, non-exclusive, non-transferable, revocable license to use the applicable WORKS software in accordance with the purchased license, applicable documentation, and these Terms.

You may not, unless expressly authorized in writing or permitted by applicable law:

Copy, reproduce, or redistribute the software outside the scope of your license.
Sell, sublicense, lease, or commercially distribute the software to unauthorized parties.
Reverse engineer, decompile, or disassemble the software.
Remove copyright notices, trademarks, or proprietary markings.
Modify or create derivative works of proprietary software components.
Circumvent licensing restrictions or technical security measures.
Use the software to develop or support an unauthorized competing product.

Any separate software license, deployment agreement, or written customer agreement will govern where it expressly conflicts with these general Terms.

6. Customer Data and Content

You retain ownership of the business information, documents, records, and other materials that you submit, upload, store, or manage through WORKS (“Customer Content”), subject to any rights you grant us under these Terms or a separate agreement.

Customer Content may include:

Construction project information.
Estimates and proposals.
Invoices and financial records.
Business documents and attachments.
Employee or team information.
Schedules, notes, and project updates.

You are responsible for ensuring that you have the necessary rights and permissions to submit and use Customer Content through WORKS.

You grant WORKS only the limited rights reasonably necessary to provide, maintain, secure, and support the services you use, subject to applicable agreements and law.

You are responsible for maintaining appropriate backups of your important business information unless a separate written agreement expressly assigns backup obligations to WORKS.

We do not claim ownership of your Customer Content.

7. Accuracy of Business and Project Information

WORKS is a business management and organizational tool. It does not independently verify the accuracy, completeness, or legality of information entered by users.

You remain responsible for reviewing and verifying:

Estimates and project costs.
Invoices and payment records.
Construction schedules and deadlines.
Project documents and specifications.
Business reports and financial information.
Information shared with employees, subcontractors, customers, and other parties.

WORKS does not replace professional judgment, construction supervision, accounting services, engineering services, architectural services, legal advice, or other specialized professional services.

8. Fees, Payments, and Subscription Terms

Certain WORKS products and services may require payment.

Applicable pricing, billing frequency, payment methods, renewal terms, and included features will be disclosed in the relevant pricing page, order, subscription agreement, or written customer agreement.

Unless otherwise stated in a separate agreement:

Customers agree to pay applicable fees when due.
Customers are responsible for providing accurate billing information.
Taxes, duties, or other applicable charges may be added where required by law.
Subscription renewal and cancellation terms will be governed by the applicable order or subscription agreement.
Failure to pay applicable charges may result in suspension or termination of paid services, subject to applicable law and contractual obligations.

Refund eligibility, cancellation procedures, and any applicable refund periods will be disclosed in the relevant purchase terms or separate agreement.

Nothing in this section overrides mandatory consumer protection rights.

9. Third-Party Services and Integrations

WORKS may use, connect with, or provide links to third-party services, platforms, hosting providers, payment processors, communication tools, or other external systems.

Third-party services are governed by their own terms and privacy policies.

We are not responsible for the independent practices, availability, security, or content of third-party services, except to the extent responsibility cannot legally be excluded.

Your use of third-party services is at your own discretion and may be subject to additional agreements.

10. Intellectual Property Rights

All rights, title, and interest in the WORKS brand, website design, software, source code, graphics, logos, documentation, trademarks, and other proprietary materials remain with WORKS or their respective rights holders.

These Terms do not transfer ownership of intellectual property to you.

You may not use WORKS trademarks, logos, branding, or proprietary materials without prior written permission, except where expressly permitted.

Customer Content remains the property of the customer or its respective rights holders.

11. Privacy and Personal Information

Your use of WORKS is also subject to our Privacy Policy, which explains how we collect, use, store, and disclose personal information.

By using our website or services, you acknowledge that you have had the opportunity to review our Privacy Policy.

We aim to handle personal information responsibly and in accordance with applicable privacy and data protection laws.

Please do not submit sensitive personal information unless it is necessary for the intended service and appropriate safeguards are in place.

12. Security and Availability

We take reasonable measures intended to protect the WORKS website and services.

However, no website, software, hosting environment, or electronic transmission can be guaranteed to be completely secure or uninterrupted.

We do not guarantee that:

WORKS will always be available without interruption.
Every defect or error will be corrected immediately.
All services will be compatible with every device or system.
Unauthorized access or data loss can never occur.

Customers are responsible for maintaining appropriate security practices for their accounts, devices, networks, and locally stored information.

Specific hosting, backup, maintenance, and support obligations may be defined in a separate service agreement.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WORKS WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT, WORKS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the software will meet every business requirement or that its use will produce a particular financial, operational, or commercial result.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING:

Loss of profits or revenue.
Loss of business opportunities.
Loss of anticipated savings.
Loss of data or business records.
Business interruption.
Costs of obtaining replacement services.

To the maximum extent permitted by applicable law, the total aggregate liability of WORKS arising out of or relating to the applicable service will not exceed the amount paid by the customer to WORKS for that service during the twelve (12) months immediately preceding the event giving rise to the claim.

This limitation does not apply where prohibited by law, including liability that cannot legally be limited or excluded.

15. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless WORKS and its owners, officers, employees, and representatives from third-party claims, liabilities, damages, and reasonable expenses arising from:

Your unlawful use of WORKS.
Your violation of these Terms.
Your infringement of another party’s rights.
Your unauthorized submission or use of Customer Content.
Your misuse of the software or services.

This section does not require you to indemnify WORKS for claims caused by WORKS’s own negligence, misconduct, or other conduct where such indemnification is prohibited by law.

16. Suspension and Termination

We may suspend or terminate access to WORKS where reasonably necessary because of:

A material violation of these Terms.
Fraudulent or unlawful activity.
Security threats or unauthorized access.
Non-payment of applicable fees, subject to applicable agreements and law.
A legal or regulatory requirement.

Where reasonably possible, we will provide notice and an opportunity to address the issue before suspension or termination.

You may discontinue use of the website or services at any time. Cancellation of a paid service remains subject to the applicable subscription or purchase agreement.

Upon termination, your right to use the relevant licensed services will end, subject to any surviving rights or obligations.

Data access, export, retention, and deletion following termination will be governed by the applicable service agreement and Privacy Policy.

17. Changes to These Terms

We may revise these Terms to reflect changes in our services, business operations, legal requirements, or security practices.

Updated Terms will be posted on this page with a revised “Last Updated” date.

Where required by law or a separate agreement, we will provide additional notice before material changes take effect.

Your continued use of WORKS after the effective date of revised Terms constitutes acceptance of those changes where legally permitted.

18. Governing Law and Dispute Resolution

These Terms will be governed by the laws of the State of [Insert Applicable U.S. State], without regard to its conflict-of-law principles, except where applicable law requires otherwise.

Any dispute arising out of or relating to these Terms or the applicable WORKS services will be brought before the state or federal courts located in [Insert County and State], unless the parties agree to another dispute resolution process or applicable law requires a different forum.

Nothing in this section limits rights that cannot legally be waived.

19. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

The invalid or unenforceable provision will be interpreted or limited to the minimum extent necessary to make it enforceable, where legally permitted.

20. No Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision or any other provision in the future.

21. Entire Agreement

These Terms, together with any applicable Privacy Policy, order form, subscription agreement, software license, or separate written agreement, constitute the agreement governing your use of the relevant WORKS website and services.

If a separate written agreement conflicts with these Terms, the separate agreement will control with respect to the subject matter of that conflict.

22. Contact Information

For questions regarding these Terms and Conditions, please contact:

WORKS
[Legal Company Name]
[Business Address]
[City, State, ZIP Code, USA]
Email: [Official Legal or Support Email]
Website: [Official WORKS Website]