Terms of Service

These Terms of Service (the Terms) are a binding agreement between The Working Company, Inc. (TWC, we, us, or our) and the person or organization that accesses or uses Corporate Suite, its websites, applications, APIs, and related services (collectively, the Service).

If you use the Service for an organization, you represent that you have authority to bind that organization, and you and Customer refer to that organization. If you do not have that authority or do not accept these Terms, do not use the Service. An order form, enterprise agreement, or data processing addendum signed by both parties controls over these Terms to the extent of a direct conflict.

The Service is designed for business and professional use. You must be at least 18 years old and legally capable of entering a contract. The Service is not directed to children, and you may not create an account for a person under 18.

You may use the Service only where its use is lawful. You are responsible for confirming that your use, Customer Content, instructions, and connected systems comply with laws, professional duties, employment rules, and contractual restrictions that apply to you.

• Provide accurate account, billing, and workspace information and keep it current.
• Protect credentials, use reasonable access controls, and promptly report suspected compromise.
• Workspace owners and administrators may manage membership, permissions, content, connected services, billing, retention settings, and access to the workspace.
• If an organization supplies your account, that organization controls the workspace and may access, export, restrict, or delete Customer Content as allowed by its settings and agreement.
• You are responsible for activity performed through your account except to the extent caused by our breach of these Terms. Accounts may not be shared unless the Service expressly supports it.

Subject to these Terms and payment of applicable fees, TWC grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription term for Customer's internal business purposes.

We may improve, add, remove, or change features. We will not materially reduce the core functionality of a paid Service during a current subscription term without reasonable notice, except where required for security, law, third-party platform changes, or to prevent harm. Beta, preview, experimental, and coming-soon features may be changed or discontinued at any time and are provided without service-level commitments unless we agree otherwise in writing.

Customer Content means data, files, messages, records, prompts, instructions, outputs, and other material submitted to or created in the Service by or for Customer. As between the parties, Customer retains its rights in Customer Content.

Customer grants TWC a worldwide, non-exclusive, limited license to host, copy, transmit, display, modify, and otherwise process Customer Content only as needed to provide, secure, support, and improve the Service; comply with Customer's instructions; prevent abuse; and meet legal obligations. Customer represents that it has all rights and permissions needed for TWC and its subprocessors to process Customer Content as described in these Terms and the Privacy Policy.

We do not acquire ownership of Customer Content. We do not use Customer Content to train general-purpose AI models unless Customer expressly opts in through a separate written or in-product agreement that clearly describes that use.

Some features generate suggestions, summaries, plans, classifications, content, or proposed actions using artificial intelligence. AI output is probabilistic and may be inaccurate, incomplete, biased, outdated, or unsuitable. Similar output may be generated for other users.

You must review output and proposed actions before relying on them. Human approval remains required for destructive actions and actions that communicate externally, spend money, bind a person or organization, change access, or materially affect legal rights. The Service is not a substitute for legal, medical, financial, employment, safety, or other professional judgment. Additional rules appear in the AI Terms.

Customer may choose to connect third-party services such as identity, calendar, mail, payment, communications, storage, or AI providers. By enabling an integration, Customer instructs us to exchange the data reasonably required to operate it. The third party's terms and privacy practices govern its independent processing.

We are not responsible for third-party services, their availability, or changes they make. Customer is responsible for permissions granted to integrations and may disconnect them through available controls. Disconnecting an integration does not automatically delete data previously imported into Customer's workspace.

You must comply with our Acceptable Use Policy. In particular, you may not:

• break the law, infringe rights, deceive people, or facilitate harm;
• gain unauthorized access, probe security without permission, or disrupt the Service;
• upload malware, bypass limits, share credentials, or resell access without authorization;
• use the Service for unlawful surveillance, prohibited discrimination, or high-impact automated decisions without lawful safeguards and meaningful human review; or
• reverse engineer or copy the Service except where applicable law does not permit that restriction.

Paid plans renew automatically for the billing period shown at checkout until canceled. Customer authorizes us and our payment processor to charge the selected payment method for fees, usage, taxes, and approved add-ons. Fees are stated in the checkout currency and are exclusive of taxes unless expressly stated otherwise.

Seat counts, usage, and plan changes may alter charges as disclosed at purchase. Customer must keep billing details current. Overdue amounts may result in restricted or suspended access after notice where practicable. Working Credits are prepaid or subscription usage units, are not currency, have no cash value, are non-transferable outside the workspace, and are consumed according to the catalog and usage rules presented at purchase.

Except as required by law or stated in the Return Policy, payments are non-refundable and unused subscription time or Working Credits are not redeemable for cash.

TWC and its licensors own the Service, software, designs, documentation, trademarks, and all related intellectual-property rights, excluding Customer Content. No rights are granted except the limited access right stated in these Terms.

If you provide feedback, you grant TWC a perpetual, worldwide, irrevocable, royalty-free right to use it without restriction or obligation, provided we do not identify you publicly as the source without permission.

Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will use it only to perform under the agreement, protect it with reasonable care, and disclose it only to personnel and service providers who need to know it and are bound by confidentiality duties.

These duties do not cover information that the receiving party can document was lawfully known without restriction, independently developed, rightfully received from another source, or made public without breach. A party may disclose information when legally required after giving notice where permitted and reasonably assisting efforts to limit disclosure.

Our Privacy Policy explains how we handle personal information. When TWC processes personal data in Customer Content on Customer's behalf, the Data Processing Addendum applies if required by applicable data-protection law. We maintain administrative, technical, and organizational safeguards designed to protect the Service, as summarized in our Security Statement.

No service is completely secure. Customer must configure permissions appropriately, maintain secure endpoints and networks, and avoid placing data in the Service that Customer is not authorized to process. Unless a signed agreement expressly allows it, the Service is not designed to store protected health information subject to HIPAA, payment-card account data subject to PCI DSS beyond payment forms hosted by our processor, or government-classified data.

We may suspend access to the extent reasonably necessary to address a security risk, unlawful or abusive use, material breach, nonpayment, or a threat to the Service or others. Where practicable, we will give notice and an opportunity to cure and will limit the suspension to the affected account, content, or feature. We may act immediately when delay could create harm or legal exposure.

These Terms continue while you use the Service. Customer may stop using the Service at any time and may cancel a paid subscription through available billing controls. Cancellation stops the next renewal but does not reverse charges already incurred.

Either party may terminate for a material breach that remains uncured 30 days after written notice, or immediately if the other party becomes insolvent or the breach cannot reasonably be cured. After termination, access ends. Subject to product functionality, legal holds, security, backup cycles, and our retention schedule, Customer may request export or deletion of Customer Content. Terms that by their nature should survive—including payment, intellectual property, confidentiality, disclaimers, liability limits, and dispute provisions—will survive.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, AI OUTPUT, BETA FEATURES, AND THIRD-PARTY INTEGRATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TWC DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT OUTPUT WILL BE ACCURATE OR ACHIEVE A PARTICULAR RESULT. THESE DISCLAIMERS DO NOT LIMIT RIGHTS THAT CANNOT LAWFULLY BE WAIVED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS CUSTOMER PAID OR PAYABLE TO TWC FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. FOR A FREE SERVICE, TWC'S TOTAL LIABILITY WILL NOT EXCEED USD $100. These limits do not apply to Customer's payment obligations; infringement or misuse of the other party's intellectual property; breach of confidentiality; indemnification obligations; fraud, willful misconduct, or gross negligence; or liability that law cannot limit.

Customer will defend and indemnify TWC and its affiliates, officers, directors, and personnel from third-party claims, damages, and reasonable costs arising from Customer Content, Customer's instructions or integrations, or Customer's unlawful or material breach of these Terms. TWC will promptly notify Customer, permit Customer to control the defense and settlement, and reasonably cooperate. Customer may not settle a claim by admitting fault or imposing non-monetary obligations on TWC without TWC's written consent.

Before filing a claim, each party will give written notice describing the dispute and allow 30 days for good-faith informal resolution. These Terms are governed by California law, without regard to conflict-of-law rules. The state and federal courts located in Orange County, California have exclusive jurisdiction, and each party consents to their venue and personal jurisdiction.

Nothing in this section prevents either party from seeking urgent injunctive relief or limits mandatory consumer protections or venue rights that cannot lawfully be waived in a user's country or state of residence.

Neither party may assign the agreement without the other's consent, except in connection with a merger, acquisition, corporate reorganization, or sale of substantially all relevant assets, so long as the assignee is not a direct competitor and assumes the obligations. TWC may use affiliates and subcontractors to perform the Service while remaining responsible for its obligations.

Neither party is liable for delay caused by events beyond its reasonable control. The agreement does not create a partnership, agency, fiduciary, or employment relationship. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified only as needed, and the rest remains effective. Headings are for convenience. These Terms and incorporated policies are the entire agreement about the Service unless the parties sign a separate agreement.

We may update these Terms. If a change materially reduces Customer's rights during a paid term, we will provide reasonable advance notice through the Service or account email unless an urgent legal or security reason requires faster action. Continued use after the effective date means acceptance of the updated Terms. Changes do not retroactively alter disputes that arose earlier.

Legal notices to TWC must be sent to [email protected]and The Working Company, Inc., 718 Calle Lima, San Clemente, CA 92673, USA. We may provide notices through the Service or to the account email address.