Terms of Service

By accessing or using Workbench's services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our services.

These Terms apply to all visitors, users, and others who access or use the Service. You must be at least 18 years old or have parental consent to use our services.

Workbench provides an AI-powered business platform that includes, but is not limited to:

• AI Employees - Customizable AI agents for business automation
• Marketing Funnels - Visual funnel builder with analytics
• Form Builder - Advanced form creation with workflow automation
• Email Marketing - Campaign management and automation
• CRM - Customer relationship management tools
• Analytics - Business intelligence and reporting
• SMS/Text Messaging - Business-to-customer text messaging capabilities
• Additional tools and features as described on our website

We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice.

When you create an account with us, you must provide accurate information:

• You are responsible for safeguarding your account password
• You must notify us immediately of any unauthorized access
• You may not share your account credentials with others
• You are responsible for all activities under your account
• One account per individual; one business account per organization

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

You agree to use our services only for lawful purposes. You may not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Send spam, unsolicited communications, or harassing content
• Distribute malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services or servers
• Use our services for illegal activities or fraud
• Impersonate others or misrepresent your affiliation
• Scrape or collect user data without authorization

You may not use our services to create, store, or distribute:

• Content that promotes hate, violence, or discrimination
• Child sexual abuse material (CSAM) or exploitation content
• Content that promotes terrorism or extremism
• Defamatory, libelous, or threatening content
• Content that violates others' privacy rights
• Deceptive or misleading content intended to defraud
• Content that violates intellectual property rights
• Adult content without appropriate safeguards

Violation of this section may result in immediate account termination and legal action.

When using our AI Employees feature, you agree that:

• AI outputs should be reviewed before use in critical applications
• You are responsible for the actions and outputs of your AI Employees
• AI should not be used to generate illegal or harmful content
• You must disclose AI usage where required by law
• AI Employees should not impersonate real individuals without consent
• Usage is subject to rate limits based on your subscription plan

We continuously improve our AI systems and may adjust capabilities over time.

Workbench provides SMS and text messaging capabilities that enable businesses using our platform to send text messages to their customers. By using the SMS features of Workbench, you agree to the following terms:

Program Name: Workbench Business Messaging

Program Description: Businesses using Workbench may send SMS messages to their customers for purposes including but not limited to: appointment reminders, service notifications, invoice and payment reminders, service request updates, job status updates, promotional offers, and general business communications. Message frequency varies based on business activity and customer interactions.

Message and data rates may apply. Message frequency varies. Carriers are not liable for delayed or undelivered messages.

Consent & Opt-In:

• End users (customers of businesses using Workbench) must provide prior express consent before receiving SMS messages from a business
• Consent is obtained when a customer submits their phone number through a Workbench-hosted form, landing page, or funnel that includes clear SMS opt-in disclosure, or when a customer provides their phone number directly to a business and agrees to receive text messages
• Consent is specific to each individual business and cannot be shared, sold, or transferred to any other party
• Businesses using Workbench are required to maintain records of customer opt-in consent

Opt-Out Instructions:

You can cancel SMS messages at any time. To stop receiving messages, reply STOP to any message you receive. After texting STOP, you will receive a one-time confirmation message and will no longer receive SMS messages from that business unless you opt in again.

Help:

For assistance with SMS messages, reply HELP to any message you receive. You may also contact us at support@tryworkbench.app for support.

Supported Carriers:

Compatible with major US carriers including AT&T, Verizon, T-Mobile, Sprint, and others. Carriers are not liable for delayed or undelivered messages.

Business Responsibilities:

• Businesses must only send messages to customers who have provided valid opt-in consent
• Businesses must honor all opt-out requests immediately
• Businesses must comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable federal, state, and local messaging regulations
• Businesses must not send prohibited content including but not limited to: SHAFT content (sex, hate, alcohol, firearms, tobacco), illegal content, or deceptive messages
• Businesses are solely responsible for the content of messages sent through the platform

Workbench reserves the right to suspend or terminate SMS capabilities for any business that violates these terms or applicable messaging regulations.

For paid subscriptions:

• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as specified in our refund policy
• You authorize us to charge your payment method automatically
• Prices are subject to change with 30 days notice
• Failure to pay may result in service suspension
• You are responsible for all applicable taxes

Refund Policy: We offer a 14-day money-back guarantee for annual plans. Monthly plans are non-refundable after the first 7 days.

By You:

• You may cancel your subscription at any time from your account settings
• Access continues until the end of your current billing period
• You may export your data before cancellation
• Data is retained for 30 days after cancellation, then deleted

By Us:

• We may suspend accounts for Terms violations
• We may terminate accounts with repeated violations
• We will provide notice except in cases of severe violations
• Upon termination, you may request a copy of your data

Our IP:

The Service and its original content, features, and functionality are owned by Workbench and protected by international copyright, trademark, and other intellectual property laws.

Your Content:

You retain all rights to content you create using our services. By uploading content, you grant us a limited license to store, process, and display your content solely to provide our services.

Feedback:

Any feedback, ideas, or suggestions you provide may be used by us without obligation to you.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

We do not warrant that:

• The service will be uninterrupted or error-free
• Results from using the service will be accurate or reliable
• Any errors will be corrected
• The service is free of viruses or harmful components

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOALITY SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to your data
• Damages resulting from third-party conduct on the service

Our total liability shall not exceed the greater of: (a) the amount you paid us in the past 12 months, or (b) $100 USD.

You agree to indemnify and hold harmless Workbench and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create or upload to the service

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the service shall be resolved in the state or federal courts located in San Francisco County, California.

Notwithstanding the above, you agree that we may seek injunctive relief in any jurisdiction where necessary to protect our intellectual property rights.

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated terms on our website
• Updating the "Last Updated" date
• Sending an email notification for significant changes

Continued use of the service after changes constitutes acceptance of the new Terms. If you disagree with changes, you must stop using the service.

For questions about these Terms of Service, contact us: