Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at workclout.org and the WorkClout quality management platform (collectively, the "Services") operated by WorkClout, Inc. ("WorkClout," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

1. Eligibility

You must be at least 18 years of age and have the legal authority to enter into a binding agreement on behalf of yourself or your organization to use our Services. By using our Services, you represent and warrant that you meet these requirements.

2. Account Registration

To access certain features of our platform, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately at [email protected] if you suspect unauthorized access to your account
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

3. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

• Use the Services in any way that violates applicable laws or regulations
• Transmit any material that is unlawful, defamatory, obscene, or otherwise objectionable
• Attempt to gain unauthorized access to any part of the Services or related systems
• Interfere with or disrupt the integrity or performance of the Services
• Use automated means to scrape, crawl, or extract data from the Services without our written consent
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Upload or transmit viruses, malware, or other harmful code

4. Intellectual Property

The Services and all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio, and software) are the exclusive property of WorkClout, Inc. and are protected by applicable intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes. You may not copy, modify, distribute, sell, or lease any part of our Services or the underlying software without our express written permission.

5. Customer Data

You retain ownership of all data you input into or generate through the platform ("Customer Data"). By using the Services, you grant WorkClout a limited license to process Customer Data solely to provide and improve the Services. We will handle Customer Data in accordance with our Privacy Policy.

You are responsible for ensuring that Customer Data does not violate the rights of any third party and complies with applicable laws and regulations.

6. Subscription and Payment

Access to certain platform features requires a paid subscription. Subscription terms, pricing, and billing details are set forth in your order form or subscription agreement. All fees are non-refundable except as expressly stated in your agreement or required by applicable law.

We reserve the right to modify pricing with at least 30 days' advance notice. Continued use after a price change constitutes acceptance of the new pricing.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WORKCLOUT, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

9. Indemnification

You agree to indemnify, defend, and hold harmless WorkClout, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any third-party rights.

10. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including if we believe you have violated these Terms. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination will survive, including intellectual property provisions, warranty disclaimers, and limitations of liability.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Illinois, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS under its Commercial Arbitration Rules, with the arbitration conducted in Chicago, Illinois. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the revised Terms on our website with an updated effective date. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

13. Contact Us

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

WorkClout, Inc.
111 West Jackson Boulevard, Suite 1700
Chicago, IL 60611
[email protected]