Terms of use

 

Acceptance of Terms of Use

 

Equus Software LLC, together with its affiliates, ( “We” “Us”, or “Our”) provides global mobility management solutions, including the “Workia” solutions. These Terms of Use (“Terms”) incorporate Our accompanying Privacy Policy and together govern Your use of the Workia Services (the “Services”). Please read them carefully before You start using the Services. In our sole discretion, we reserve the right to modify, alter or otherwise update the Terms at any time, and by using the Services after the posting of a modification, You accept the modification.

By using the Services, You acknowledge that You have read, understood, and agree to be bound and abide by these Terms and accompanying Privacy Policy. You also represent and warrant that You are authorized to form a binding contract with us and meet all of the eligibility requirements in these Terms. If You do not agree to all of Our Terms or violate them in any way, Your right to access or use the Services is terminated. PLEASE SEE SECTIONS 16-18 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION.

 

       Definitions

“Affiliate” means any corporation or other business entity Controlled by, Controlling or under common Control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of such entity.

“Personal Data” means any information from which an individual may be identified, including without limitation an individual’s name, address, telephone number, social security number, bank account numbers, pin numbers, and “personal data,” “nonpublic personal data,” and similar information as defined in any applicable data privacy laws or regulations.

“Prohibited Data” means credit card information, financial account information (excluding bank account information required for payroll or expense management purposes), regulated health information and any of the special categories of personal data identified in Article 9 of the General Data Protection Regulation ((EU) 2016/679) or as otherwise specified under Applicable Law.

“Transaction” or “Transactions” means database records created or calculations performed through the Services, as per the applicable subscription.

“Workia Network” means Workia’s internal data center facilities, services, networking equipment, and host software systems that are within Our reasonable control and are used to provide the Services.

"You" or "Your" means the legal entity for which You have authority to accept these terms and conditions, including any Affiliates of such entity.

“Your Content” means any files, data, works, Personal Data, other information, and/or materials You use in connection with the Services, or that You provide Us, or that is accessed, received, controlled, stored, processed, transmitted, maintained, or possessed by Us in connection with the provision of the Services for You or on Your behalf.

 

  1. Provision of Services

1.1   We shall make the Services available to You pursuant to these Terms, and applicable subscription(s) and shall provide You the new versions of the Services as they become available within the terms of the applicable subscription(s).

1.2   We use commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven (7) days a week. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which We may undertake from time to time; or (iii) causes beyond Our control or which We cannot not reasonably foresee, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to Your Internet Service Provider, hostile network attacks, network congestion or other failures. You agree that We has no control over the stability and throughput speed of the Internet or the availability of Services on a continuous or uninterrupted basis. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Services, including securing Internet access connections.

1.3   You acknowledge and agree that to the extent the Services include access to the Workia Environment, Our sole obligation with respect to the same shall be to provide access to the Workia Environment, and We shall have no responsibility or liability for Your transfer of information or content (including, without limitation, any Personal Data) to any third-party vendor via the Workia Environment. You are responsible for entering into a separate agreement with any such third-party vendor concerning any data sharing and services provided by such vendor.

 

  1. Support Services and service levels

2.1 General
All plans include access to Our team to assist with the Service deployment, adoption and utilization, consulting, sharing advice and guidance related to optimizing Client’s use of the Service (“Client Success”). Client Success can be contacted via in-app chat.

 

2.2 Support Channels

Primary support is provided via in-app chat. Chat conversations can include screenshare and voice calls. New chats can be opened 24 hours a day, 7 days a week. Responses are provided between 6am GMT to 9pm GMT, Monday to Friday.

 

Our Client Success team can be contacted via the support email: support@workia.com. Please make sure to contact us via your email registered with your account.

 

We provide an in-app help center containing tutorials, guides and articles on anything you need to know about using Workia.

 

2.4 Error Response Time

Primary support is provided via in-app chat. Chat conversations can include screenshare and voice calls. New chats can be opened 24 hours a day, 7 days a week. Responses are provided between 6am GMT to 9pm GMT, Monday to Friday.

 

Our Client Success team can be contacted via the support email: support@workia.com. Please make sure to contact us via your email registered with your account.

 

We provide an in-app help center containing tutorials, guides and articles on anything you need to know about using Workia.

 


Upon receipt of notice from You specifying an error, and upon receipt of such additional information as we may request, we will respond as described below, to resolve reported and reproducible errors in the Services or SaaS software. We will determine the priority level in accordance with the following protocols:

 

  • SEVERITY 1 – Critical Business Impact. The production use of the Services is stopped or so severely impacted that You cannot reasonably continue work (a “Severity 1 Error”). We will commence the support and error resolution within thirty (30) minutes of becoming aware of the error. We will engage staff until the error is circumvented or corrected. We will provide You with ongoing communication on the status of the error resolution at a minimum of every four (4) hours.
  • SEVERITY 2 – Significant Business Impact. A high-impact error is affecting Service Levels and/or materially impacting Your use of the Services (a “Severity 2 Error”). We will commence the support and error resolution within sixty (60) minutes (during normal business hours) of becoming aware of the error. We will engage staff until the error is circumvented or corrected. We will provide You with ongoing communication on the status of the error resolution at a minimum of every eight (8) hours.
  • SEVERITY 3 – Some Business Impact. This includes errors of general work-queue type and that do not fall within the definitions of Severity 1 Error or Severity 2 Error. These errors will be addressed after Severity 1 Errors and Severity 2 Errors have been corrected and may be pursued during normal business hours on a resources-available basis (a “Severity 3 Error”). We will commence the support and error resolution on a resource-available basis. We will engage staff to provide a workaround and to resolve the error as soon as possible after notification by You. We will provide You with ongoing communication on the status of the error resolution.
  • SEVERITY 4 – Minimum Business Impact. You request information, an enhancement, or documentation clarification regarding the Services, but there is no error with the Services and the implementation or production use of the Services is continuing and no work being impeded at the time (a “Severity 4 Item”). We will provide a response regarding the requested information or documentation clarification within two (2) days of notification by You and we will consider enhancements for inclusion in a subsequent update to the Services or documentation.

 

2.5. Service monthly uptime

  1. Service Availability. Our Services will be available to you at least 99% of the time each calendar month, excluding scheduled maintenance, measured on a 24 x 7 basis (24 hours per day, 7 days a week). You will be notified within the application 48 hours in advance when scheduled maintenance will occur. If our Services availability percentage falls below 99% in any month, you will be entitled to a credit equal to 10% of your monthly subscription for the month concerned.

The monthly service availability rate will not be affected, and we will not be held responsible for performance or availability problems:

  • As a result of factors beyond our reasonable control (for example, a network or device error on your end, between our servers and yours, or failing of Our internet provider or Yours);
  • As a result of yours or a third party’s hardware, software, or services;
  • As a result of the actions or omissions of yours or a third party;
  • During use of the preliminary versions (for example preliminary technical versions, alpha versions, beta, as determined by the provider);
  • Attributed to the actions or omissions of you or your employees, agents, contractors, suppliers, representatives, or any other person who obtains access to Workia through your passwords and equipment.

To claim for unavailability, you will provide the us with all reasonable details related to the claim, including, but not limited to, detailed descriptions of the incident, the duration, network tracking routes, and any attempts you have made to resolve the incident. You must present any claim with sufficient evidence to support it, with 30 days of the event.

We will provide all reasonable information necessary for validating the claim and will use good judgment in determining if the level of service guaranteed applies to the claim. In the affirmative case, the downtime will be added to the current month’s bill.

We will reimburse you a maximum of 10% of the monthly bill if our imputable downtime according to the levels of service is less than 99%. The reimbursement will be made in the form of a discount to the monthly bill following the month affected by the claim.

 

  1. Your Responsibilities

You are responsible for any activity through Your use of the Services. As a condition of Your access to and use of the Services, You agree that You will not use the Services for any purpose that is unlawful or prohibited by these Terms and that You will comply with all applicable laws and any conditions or restrictions imposed by these Terms. All information You provide must be true, accurate, current, and complete and You agree to update Your information as necessary to maintain its truth and accuracy.

 

  1. Prohibited Actions

You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials, or retrieve or record information about the Services or its users; (d) merge the Services or Materials with other materials or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, disclose, publish, market, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) copy any features or functions of the Services (h) use, or allow the use of, the Services or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Services. Except as expressly provided herein, we and our third-party licensors reserve all rights with respect to the Services, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations; (j) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; or (k) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation. You may not access or use the Services by means of any automated program, expert system, electronic agent or “bot,” and You further agree that the Services will be used only by You and Your employees (“Authorized Users”). All rights not expressly granted to You are reserved by Us and our licensors.

 

  1. User Content
       5.1  The Services may permit You to provide information to Us, such as contact information or other materials (collectively, “User Content”). You agree, represent, and warrant that any User Content that You provide to us is truthful, accurate, not misleading, and offered in good faith and that You have the right to transmit such User Content. We do not want You to, and You should not send any confidential or proprietary User Content to us through the Services unless specifically requested or in circumstances where we indicate it will be kept confidential.
      5.2  Except as may be otherwise agreed upon between You and Us in writing, by submitting User Content through the Services, You permit Us to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute or otherwise disclose to others such User Content (in whole or in part) in our discretion, subject however to Our Privacy Policy. You also agree that we are free to use any feedback, corrections, ideas, concepts, know-how, or techniques that You provide to Us (collectively, “Feedback”) for any purpose, and You waive all rights therein. PLEASE DO NOT SEND US ANY FEEDBACK THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION UNLESS WE EXPRESSLY AGREE IN WRITING OTHERWISE

 

  1. Materials

We may update the content in our Services and Materials from time to time, but it will not necessarily be complete or up-to-date. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the Services for any reason, without prior notice.

 

  1. Backup

You are responsible for properly configuring and using the Services and taking Your steps to maintain appropriate security, protection, and backup of Your Content. We provide for off-site backup of Your Content in conjunction with Our standard disaster recovery plan.

 

  1. Fees

You agree to pay all fees applicable to You under these Terms and applicable subscription(s) within thirty (30) days of receipt. Except as otherwise specified herein or agreed in writing by the parties, fees are quoted and payable in United States dollars. If You do not pay all fees when due, you will be unable to use the Services. You are also responsible for all other costs and legal fees We incur in collecting all unpaid amounts.

 

  1. Termination

Upon termination of services or non-payment of subscription, you will be provided with a period of 14 days to download any data. After fourteen days, all information contained within the services will be permanently deleted.

 

  1. Taxes

Transaction fees and all other payments provided for under these Terms and applicable subscription(s), are exclusive of all state, local, and other taxes, or other charges (other than on any income payable by Us) directly applicable to the Client Success Services or use of the Services, and You will pay or contest in good faith any such taxes or charges within 30 days after Your receipt of proper bills or statements from Us or the applicable taxing authorities.

 

  1. Intellectual Property Rights
    11.1 We grant You a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful purposes in accordance with these Terms and our Privacy Policy. The Services contain Materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts, and other materials provided on or through the Services. Except as provided herein, none of the Materials may be copied, distributed, displayed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, used to create a derivative work, or transmitted in any form or by any means without prior written permission from us or the third party owner. Unauthorized use of any Materials provided by the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.

    11.2  Except as expressly provided herein, We and Our licensors shall retain: (i) all rights, title and interest in and to the Services and related documentation, including, without limitation, all copies thereof and related Materials; (ii) all rights, title, interest and goodwill associated with Our service marks, trademarks, trade names, trade dress or any other designations; and (iii) all copyrights, patent rights, trade secret rights, and all other intellectual property and proprietary rights in the Services including, without limitation, all software (in object and source code forms, Workia Environment, architecture, platform, and related systems and applications).

    11.3  We shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, exclusive license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by You relating to the operation of the Services.

    11.4  You shall retain (i) all right, title and interest in and to Your Content; and (ii) all right, title, interest and goodwill associated with Your service marks, trademarks, trade names, trade dress or any other designations.

    11.5  Except as expressly provided herein, We may pursue all legally available options with respect to the Services and Materials, under both civil and criminal laws (and may cooperate law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed any intellectual property or proprietary rights. We may also disable any social media features and any links at any time without notice in our sole discretion.


    11.6  The Services are protected under applicable copyrights, trademarks, and other intellectual property and proprietary rights, and the commercialization, copying, modification, redistribution, use, or publication by You of any part of the Services is strictly prohibited. Except as expressly contained herein, nothing shall be construed as conferring by implication, estoppel, or otherwise any license or right to any patent, trademark or copyright or other intellectual property or proprietary rights. The names and logos used by us may not be used in any way, including in advertising or publicity pertaining to the distribution of materials in the Services, without prior written permission. You are not authorized to use our logo as a hyperlink to the Services unless You obtain our written permission in advance, although we permit You to use certain designated features of the Services to use our logo as a hyperlink for designated purposes.

 

  1. Reporting Copyright Infringement and Other Violations with Respect to Services

We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting, or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms. For allegations of copyright infringement, please follow the instructions below; otherwise, You can report any issues to us via the contact information provided at the end of these Terms. The remaining information in this section is provided exclusively for notifying us that Your copyrighted material may have been infringed.

In accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DCMA") we are registered as a Service Provider with the United States Copyright Office. Notifications of copyright infringement claims occurring on our Sites should be reported to our designated agent, as follows:

Attn: Legal department - DMCA Agent
1809 Blake St, Ste 200, Denver CO 80202 USA
Email: Legal@workia.com

Any such notice must be in writing, and must include the following information as required by the DMCA:

  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient for us to locate the material;
  • Your contact information, including Your address, telephone number, and email;
  • A statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that You are authorized to act on behalf of the copyright owner.

 

  1. Data Protection and Security
    13.1  We agree to adhere, in all material respects, to Our posted Privacy Policy.

    13.2  You will ensure Your use of the Service and all personal data is at all times compliant with Workiva’s privacy policies, and You agree to comply with all applicable laws, regulations, and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data. You are solely responsible for the accuracy, content, and legality of Your Content and personal data. You represent and warrant that You have sufficient rights in Your Content and that the personal data does not infringe or violate any third party's intellectual property, publicity, privacy, or other rights. We are not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss, or failure to store any of Your Content except as otherwise specified. You acknowledge and agree that You are responsible for obtaining all necessary consents required for the transfer of personal data to Us for purposes of Our performance of the Services unless You have determined that another basis for lawful processing is applicable (including, without limitation, necessity, or legitimate interests).

 

  1. Links in the Services

The Services may contain links to third-party sites. Access to any other website or service referenced in the Services is at the user’s own risk, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on other sites. We provide these links merely as a convenience, and the inclusion of such links does not imply an endorsement, recommendation or approval. The content, accuracy, opinions expressed, and other links provided by linked sites are not investigated, verified, monitored, or endorsed by us. If You decide to visit or transact business at any linked site, You do so at Your own risk, and it is Your responsibility to take all protective measures. The third-party sites are not controlled by us and may have different terms of use and privacy policies, which we encourage You to review.

 

  1. Linking to our Services

You may link to our Services, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable You to: link from Your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on Your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by You; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.

  1. Disclaimer of Warranties; Limitation of Liability
    16.1  We warrant that the Services shall perform in conformity with any applicable documentation provided in association with the Services. If there is any non-conformance with this warranty, We will correct the Services at no cost to You. The foregoing will be Your sole and exclusive remedy, and Our sole and exclusive obligation and liability, for any non-conformance with this warranty.

    16.2  YOUR USE OF THE SERVICES, MATERIALS, AND USER CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL USER CONTENT AND MATERIALS THEREIN ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH THE USE OR DOWNLOADING MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE OR, BY EXTENSION, OUR OWNERS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

    16.3  IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED AN AMOUNT EQUAL TO TWELVE (12) TIMES THE MONTHLY FEES TO BE PAID BY YOU TO US UNDER THIS AGREEMENT.

    16.4  The provisions in these Terms are intended to be only as broad and inclusive as applicable law permits. We reserve all rights, defenses, and permissible limitations under applicable law.

 

  1. Indemnification

You agree that You will be responsible for any damages resulting from Your violation of these Terms. You further agree to indemnify and hold us and by extension our owners, affiliates, officers, directors, agents, employees, contractors, or service providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) Your breach of these Terms; (ii) Your activities in connection with the Services, including any violation of any law or the rights of any third party that occurs in connection with Your of the Services; or (iii) User Content or other information that You provided to us through the Services.

 

  1. Governing Law; Arbitration and Class Action Waiver
    18. 1  THE LAWS OF THE STATE OF COLORADO WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE SERVICES WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN DENVER, COLORADO, IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms.



    18.2  Excluding claims for injunctive or other equitable relief, any claims related to the Services and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall be administered by JAMS and take place in Denver, Colorado, or at the option of the party seeking relief by telephone, online, in Your state of residence, or via written submissions alone. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration, and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

    18.3  TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both You and Us agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

 

  1. International Considerations

We do not represent that the Services' content or materials are appropriate or available for use in all jurisdictions. Access to any Services from jurisdictions where such access is illegal is strictly prohibited. If You choose to access the Services from other jurisdictions, You do so at Your own risk and are responsible for Your compliance with applicable laws.

 

  1. Publicity

You agree to allow Us to use Your company name and logo for promotional purposes, including press announcements and on Our websites. You agree to participate in case studies and allow Us to publish any such case studies and/or testimonials using Your company name and logo on Our websites or in Our marketing materials. We will discontinue the use of Your company name and logo for promotional purposes at any time upon request by You via any of our support channels.

 

  1. Entire Agreement; Severability
    • You acknowledge that You have read and understood and agree to be bound by these Terms.
    • If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
    • You agree that no joint venture, partnership, employment, or agency relationship exists between You and Equus Software as a result of these Terms or Your use of the Services.

 

  1. Contact Information

Except for the purposes of Section 13 above, for questions, concerns, comments or communications about these Terms, please contact Us as follows:

  • By mail: Equus Software LLC, 1809 Blake Street, Suite 200, Denver, CO 80202; by phone to (303) 292-4200;
  • By email: Legal@workia.com.        

         

These Terms were last updated on 13 September, 2023.

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