Last Revised: July, 2022

Welcome to the Eworxs community! We realize that expense tracking and tax is a serious business and we’re honored to have your trust. These terms (these "Terms") apply to your use of www.Eworxs.app and any related websites or platforms, and all other online products and services (collectively, the "Service") of Eworxs, LLC ("Eworxs," "we," "us" or "our").

Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don't agree to all of the terms below, you may not use the Service. This Agreement is entered into between you and Eworxs. If you have been provided access to the Service through your relationship with a third-party company, you acknowledge that such company is not a party to this Agreement.

Changes to these Terms

We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. For example, we may change these Terms if we come out with a new feature. If we make changes, we will let you know by revising the date at the top of the policy and, in some cases, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when we post them. If you use the Service after we have posted the changed Terms, then you have accepted the changes to these Terms.

Privacy Policy

For information about how we collect, use and share information about you via the Service, please see our Privacy Policy.

Description of the Service

Eworxs provides a service to help track mileage and other important financial data. Independent contractors and others use the service to manage various aspects of their business. Eworxs allows and facilitates users to use the information to integrate with financial data. Eworxs has two levels of subscription, team premium and team ace.Details can be found at www.eworxs.app.For more information about the Service, please contact us at support@eworxs.app

Right to Use the Service

On the condition that you fully comply with these Terms, Eworxs grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service.Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Service; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service; (c) disassemble, decompile or reverse engineer any of the software components of the Service; (d) copy, frame or mirror any part of the Service; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.

Creating an Account with Eworxs

When you create a member account, you agree to maintain the security of your password and accept all risk that someone may access your account without your permission. As a user you are also aware that a compromised password can lead to your sensitive and personal information being leaked. If you discover or suspect any Service security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Eworxs reserves the right to deny, deactivate, or terminate any account at our discretion.

Integrating a Bank Account

If you use the portion of our Services that permits you to interact with a third-party bank account or card account via our Services (“Bank Account”), you authorize us or our designated third-party service provider to access your Bank Account via the Services on your behalf and to process Bank Account information via the Services. You represent and warrant that you have the right to access and use any Bank Account and to grant the foregoing authorization.Eworxs uses Stripe to connect to financial institutions. If you connect using Stripe you also agree and acknowledge that the personal and financial information you provide through your financial institution will be treated in accordance to Stripe’s Privacy Policy.

License

Subject to the terms, conditions and limitations set forth in the Terms, Eworxs LLC. grants you a nonexclusive, non-transferable and revocable license to use Eworxs on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Eworxs LLC that replace and/or supplement the original Eworxs, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Restrictions

You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make Eworxs available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense Eworxs; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of Eworxs, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in Eworxs. If you violate any of the restrictions set forth in the Terms, your use of Eworxs will immediately cease, and you will have infringed the copyright and other rights of Eworxs LLC, which may subject you to prosecution and damages. Eworxs LLC reserves all rights not expressly granted to you in the Terms.

Subscription Terms

Subscriptions renew automatically for successive monthly or annual subscription periods (as applicable) until cancelled. If you initiated your Eworxs subscription through Apple or Google you can visit their respective support pages online for information about managing your auto-renewing subscription. If you initiated your Eworxs subscription from Eworxs, please contact Eworxs at support@eworxs.app with your formal request for cancellation. Cancellations received with at least 30 days prior notice are effective at the end of the then-current subscription period; cancellations received fewer than 30 days before the end the then-current subscription period are effective at the end of the next subscription period. Eworxs LLC may cancel your subscription with or without cause at any time. If Eworxs LLC cancels your subscription without cause before the end of your subscription period, you may be entitled to a refund (prorated for the time remaining on your subscription period). Otherwise, subscriptions are non-refundable except as expressly set forth in writing by Eworxs. Termination of your Eworxs subscription will automatically terminate these Terms.

Fees For Using The Service

We charge a fee (the “Subscription Fee”) for Eworxs Premium. Team Premium and Team Ace” are available as a monthly subscription or prepaid annual subscription. The current amount of the Subscription Fee is disclosed on the Website .The Subscription Fee may be paid by credit card or we may debit the Subscription Fee on a monthly or annual basis from your Bank Account pursuant to your ACH authorization. The Subscription Fee is non-refundable, except as otherwise required by applicable law. We may change the amount, frequency, and debit date of the Subscription Fee from time to time in our sole discretion. We will notify you in advance of any change to the Subscription Fee by sending you an email, by posting a notice on the Website and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Subscription Fee takes effect, you agree to pay the Subscription Fee, as modified.

You may contact us at any time to cancel your subscription by emailing support@Eworxs.app with your request.

Refund Policy – Only Applicable if you are resident in an EU Member State. Where you are resident in an EU Member State, the provisions of this section entitled Refund Policy are applicable to you. When you purchase a Paid Subscription from Eworxs, you acknowledge that you expressly consent to the commencement of such Paid Subscription immediately, and within the 14 day cooling-off period provided by law. You have the right to cancel your Paid Subscription within 14 days without giving any reason. This cancellation period will expire after 14 days from the day Eworxs sends you an email confirming the purchase of your Paid Subscription. If you are resident in an EU Member State and cancel your Paid Subscription within this 14 day cooling-off period, you will be liable to pay Eworxs for your use of your Paid Subscription up to the time you informed us of your decision to cancel your Paid Subscription. This amount will be calculated as a proportion of the total price payable for your Paid Subscription. You may inform Eworxs of your decision to cancel this contract by a clear statement sent to support@Eworxs.app with the subject line marked as ‘cancel subscription’. Where you are purchasing a Paid Subscription from Eworxs, payment will be debited from your account or your credit or debit card account (as applicable) upon or shortly after you have confirmed your order by clicking on the “BUY” button, or in the case of a recurring payment on the date on which your Paid Subscription is renewed. Shortly after confirming your order, you will receive a confirmation email, which attaches these terms and conditions and details of the relevant transaction, which indicates formation of a valid contract between you and us, and that by consenting to such supply. This confirmation email indicates our acceptance of your offer to purchase your Paid Subscription (as applicable).

Service Codes. Service codes may allow you to receive a discount off Eworxs or other benefits, depending on the type of service code. Service codes must be redeemed at the time you order a subscription to Eworxs and cannot be combined with any other discounts, promotions or offers without Eworxss' express consent. Redemption of service codes is subject to Eworxss' approval and valid registration with Eworxs. Service codes are not transferable except with Eworxss' express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.

Registration Data & Account Information. You agree to: (i) provide accurate, current and complete information about you as may be prompted by the Eworxs registration process (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to Eworxs, in order to keep it accurate, current and complete; and (iv) accept all risk of unauthorized access to the Registration Data and any other information you provide to Eworxs. You represent and warrant that all Registration Data is accurate, current and complete. You may update your information via Eworxs or via the Eworxs website located at https://dashboard.Eworxs.app (the “Site”). Eworxs is intended solely for users who are 13 years of age or older. In addition, if you are under 18 years old, you may use Eworxs only with the approval of your parent or guardian.

Third-Party Sites and Services; Third-Party Materials. Eworxs may provide links to third- party websites, applications, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, applications or materials (“Third-Party Materials”). Eworxs does not endorse or control, and makes no representations or warranties of any kind regarding, any Third-Party Services or Third-Party Materials, including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. If you access or use any third-party website or application, you should be aware that Eworxs’ terms and policies, including the Terms, no longer govern. You should review the applicable terms and policies, including, but not limited to, privacy and data gathering practices, of any third-party website or application to which you navigate from Eworxs.

Third-Party Interactions. The following provisions do not limit the application of the Quebec Consumer Protection Act, if such legislation otherwise applies. Your use of Eworxs and your contact, interaction or dealings with any third-parties arising out of your use of Eworxs is solely at your own risk. You acknowledge and agree that Eworxs is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as a result of your use of Eworxs.

User Content and Conduct. You are solely responsible for all content you upload to or use with Eworxs, as well as your conduct and the conduct of anyone using your account. The content you upload to or use with Eworxs must comply with the user content and conduct rules below. Enforcement of the user content and conduct rules set forth in the Terms is solely at Eworxss’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that Eworxs will not contain any content that is prohibited by such rules.

Correction of Errors and Inaccuracies; Limitations on Services. The information on Eworxs may contain typographical errors or inaccuracies, and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. Company also reserves the right to limit the scope of services (including after you have submitted your request). Company apologizes for any inconvenience this may cause you.

You agree not to upload to, transmit, distribute, store, create or otherwise publish through Eworxs any of the following:

• User content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
• User content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party; or
• Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on Eworxs.

You further agree that you are solely responsible for your conduct with respect to Eworxs, and you agree that you will not do any of the following in connection with Eworxs:

• Use Eworxs for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Eworxs;
• Modify, adapt or hack Eworxs;
• Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect Eworxs; and
• Infringe upon or violate the rights of Eworxs.

The following provisions do not limit the application of the Quebec Consumer Protection Act, if such legislation otherwise applies. Eworxs takes no responsibility and assumes no liability for any user conduct or for any user content posted or uploaded on (or otherwise made available via) Eworxs, nor is Eworxs liable for any mistakes, defamation, slander, libel, omissions, or other material you may encounter while using Eworxs. Your use of Eworxs is at your own risk.

Although Eworxs does not control and has no obligation to screen, edit or monitor any of the user content posted or uploaded on (or otherwise made available via) Eworxs, Eworxs reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or uploaded on Eworxs at any time and for any reason without notice. Any use of Eworxs in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use Eworxs.

Except for any feedback you provide with respect to Eworxs or any of Eworxss’ products and services or as specifically provided otherwise in the Terms or in a separate agreement between you and Eworxs, you retain ownership of the user content you post or upload on (or otherwise make available via) Eworxs. However, if you post or upload user content on (or otherwise make available via) Eworxs, you grant Eworxs and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, and distribute such user content solely to enable Eworxs to operate Eworxs. You represent and warrant that: (i) you own and control all of the rights to the user content that you post or upload on (or otherwise make available via) Eworxs or you otherwise have the right to make available such user content via Eworxs and grant the rights granted in the Terms; and (ii) Eworxss’ use and making available the user content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.

Location Information. Eworxs collects location information and it will be used and disclosed as set forth in the Privacy Policy.

You acknowledge and agree that by accepting the Terms or using Eworxs you affirmatively consent to Eworxss' collection, use, disclosure and storage of your location information.

You may revoke your consent with respect to Eworxss' collection, use, disclosure and storage of your location information at any time by contacting support@Eworxs.app and deleting the app from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.

If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Eworxs will continue to collect this location information.

If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, Eworxs will resume the collection of location information.

Eworxs takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Eworxs is for your use and to collect your location information. You may not use Eworxs to collect another individual's location information. If you violate any of this restriction or any other restriction, you will have breached the Terms, which may subject you to prosecution and damages.

Ownership and Suppliers. Eworxs contains the valuable proprietary content of Eworxs, Bing data suppliers, and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use Eworxs except in its intended manner in accordance with the terms and conditions of the Terms.

Modification of Terms. Eworxs reserves the right to change any of the terms and conditions contained in the Terms, or any policy or guideline of Eworxs, at any time and in its sole discretion by posting the revisions via Eworxs. Additionally, notice may be provided by sending an email, by posting the revised Terms on the Site or by such other form of notice as determined by Eworxs. Changes will only become effective at the end of the 30 day period commencing upon the posting of the changes via Eworxs (“Notice Period”). If you disagree with any changes, you may terminate your use of Eworxs within the Notice Period and, if termination is effective prior to the end of your current subscription period, you may be entitled to a prorated refund. Please contact support@Eworxs.app for refund information. You should review the Terms on a regular basis and read the notices Eworxs sends to you. Use of Eworxs after the Notice Period will constitute your acceptance of the changes/modifications.

Termination. The Terms are effective on the date that you first access or use Eworxs, or as otherwise set forth in an order with Eworxs, and continue for the length of your subscription period. You may terminate these Terms (a) if Eworxs does not cure any breaches its obligations under these Terms within 30 days of your written notice of such breach; (b) by canceling your Eworxs subscription as set forth above; or (c) as otherwise consented to in writing by Eworxs. Eworxs may terminate these Terms if you breach any of the terms and conditions of these Terms. In the event of any termination of the Terms: (i) all licenses granted under the Terms will immediately terminate; and (ii) you must immediately cease all use of Eworxs and destroy or erase all copies of Eworxs in your possession or control. All of the sections of the Terms will survive any termination except the “License” section. Any use of Eworxs after termination is unlicensed and is in violation of the copyright and other rights of Eworxs.

Disclaimers. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF EWORXS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EWORXS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EWORXS DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, EWORXS, ALL RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT EWORXS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. EWORXS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN EWORXS WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF EWORXS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN EWORXS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY EWORXS OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

Indemnification. You agree, at your sole expense, to defend, indemnify and hold Eworxs, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or the rights of any third-party; or (iii) any user content.

Limitation of Liability. The following provision does not limit the application of the Quebec Consumer Protection Act, if such legislation otherwise applies. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL EWORXS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO EWORXS, RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF EWORXS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL EWORXS’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE FEE FOR THE SERVICE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE).

Electronic Communications. Notwithstanding any terms to the contrary in the Terms, Eworxs may choose to electronically deliver all communications with you, which may include: (i) email to your email address listed in your Registration Data; or (ii) posting messages that are displayed to you when you log into or access your account. Eworxss’ electronic communications to you may transmit or convey information about action taken as a result of your request, portions of your requests that may be incomplete or require additional explanation, any notices required under applicable Law and any other notices. You agree to do business electronically with Eworxs, and to receive, electronically, all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.

Governing Law; Arbitration. (Not applicable to Quebec consumers) PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH EWORXS AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EWORXS.

You and Eworxs agree to arbitrate any dispute arising from the Terms or relating to Eworxs, except that you and Eworxs are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.

ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You and Eworxs agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Mckinney, Texas and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Eworxs also agree that the state or federal courts in Collin County, Texas have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration and that such appeals or suit will be governed by applicable U.S. federal law. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND EWORXS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

For Quebec consumers: These Terms and any dispute of any sort that might arise between you and Eworxs shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

Users of iPhone, iPod Touch or iPad. Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of Eworxs for use on the iPhone, iPod Touch or iPad:

• Acknowledgement. You and Eworxs acknowledge that the terms are solely between you and Eworxs, and not with Apple, LLC (“Apple”), and Eworxs, not Apple, is solely responsible for Eworxs and the content contained within Eworxs. You further acknowledge that the usage rules for Eworxs are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download Eworxs. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.
• Scope of License. The license granted to you is limited to a non-transferable license to use Eworxs on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
• Maintenance and Support. Eworxs is solely responsible for providing maintenance and support services with respect to Eworxs. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Eworxs.
• Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to Eworxs. In the event of any failure of Eworxs to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for Eworxs by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Eworxs. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Eworxs. However, you understand and agree that in accordance with the Terms, Eworxs has disclaimed all warranties of any kind with respect to Eworxs, and therefore, there are no warranties applicable to Eworxs, except those implied by law.
• Product Claims. You and Eworxs acknowledge and agree that as between Apple and Eworxs, Eworxs, not Apple, is responsible for addressing any of your claims or any third-party claims relating to Eworxs or your possession and/or use of Eworxs, including, but not limited to: (i) product liability claims; (ii) any claim that Eworxs fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. You and Eworxs acknowledge and agree that, in the event of any third-party claim that Eworxs or your possession and use of Eworxs infringes that third-party’s intellectual property rights, Eworxs, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.
• Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer Name and Address. Any end-user questions, complaints or claims with respect to Eworxs should be directed to: Eworxs, LLC 401 s Coit Rd
• #1314
McKinney, TX 75072 support@Eworxs.app
• Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.

Your Authorization for ACH Debits and Credits

By creating an Eworxs Account and using the Services, you provide your electronic signature to this Terms of Use and you authorize Eworxs to electronically debit and credit your Bank Account via the Automatic Clearing House (“ACH”), and, if applicable, to correct erroneous debits and credits via ACH.

You acknowledge that the electronic authorization contained in this section represents your written authorization for ACH debit transactions as provided in this section and will remain in full force and effect until you notify Eworxs that you wish to revoke this debit authorization by

• emailing us at “support@Eworxs.app”.

You must notify us that you are exercising your right to stop a debit or revoke your authorization for automatic debits at least 30 days before the next scheduled debit date. In addition, by agreeing to these Terms, you authorize Eworxs to electronically debit your Bank Account via ACH as follows:

• Amount of Debits: Subscription Fee as described in this Terms of Service
• Frequency of Debits: once a month or once a year

You agree to cooperate with us in correcting errors that may occur as part of the Services. If you receive funds or a credit in an amount greater than what you are entitled to receive under the Services and these Terms, then you agree to immediately return and pay such excess amount to us. You agree that we and our agents may reverse, withdraw or cancel any debit, transaction or item that provided you with funds in error. You agree that an error occurred if we or our agents send any funds to you after we receive evidence indicating that you defrauded us or provided us or our agents with false information. You agree that we may initiate a new ACH debit to your Bank Account in an amount equal to such overpayment plus the amount of expenses we incurred in recovering such overpayment, including the amount of your obligations, if any, under the “Indemnity” provision below. This paragraph shall survive termination, discontinuation, or cancellation of the Services or your Account for any reason.

In addition to any of your other representations and warranties in these Terms, you represent that: (i) your browser is equipped with at least 128-bit security encryption; (ii) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (iii) the ACH transactions you hereby authorize comply with applicable law; and (iv) your email address on record with us is yours and that email address is accurate and up-to-date.

Informational Purposes Only

All tools and content provided by Eworxs via the Services is for your basic informational purposes only. Eworxs does not provide professional or legally binding tax, health or legal services. It is up to you in your sole discretion to decide whether or not to utilize the platform provided by Eworxs. While we offer information and tools to help you manage your business, we do not provide professional advice and have no liability for your reliance on any information obtained through your use of the Services (whether provided by Eworxs or its users). If you elect to use Eworxs to find professional guidance for your taxes, the advice and service you receive on your tax return is between you and the professional—Eworxs is not responsible for the quality of advice or professional and you may be subject to the tax professional's own Terms and Conditions.

Eworxs’s Rights

As between you and Eworxs, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Eworxs or is used with permission. You own all of your Content. However, when you post, link or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any manner or media, on or off the Service. Eworxs reserves all rights not expressly set forth in these Terms.

Third Party Materials

We may make third party content or services available on or through the Services as a convenience to our users (for example, links to third party websites) ("Third Party Materials"). Our users may also include Third Party Materials in the Content that they post to the Service. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Services, you should be aware that these Terms and all other Eworxs policies no longer govern your use of other websites and services.

Personal Data Collected by Third Parties

We may receive Personal Data about you from other sources such as in-app chat support, email, telephone, or from companies that distribute the Services by way of a co-branded or private-labeled website, companies that offer their products and/or services via the Services, or companies that provide services (such as payment processing services) in connection with the Services (collectively, “Partner Companies”). Our Partner Companies may supply us with Personal Data, such as your name and e-mail and mailing address information. We may add this information to what we have already collected via our Services in order to perform and improve the Services.

This Privacy Policy applies only to the use and disclosure of Personal Data that we collect while you use the Services. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our site and go to another site. During this process, a third party may collect Personal Data or Anonymous Data from you. Your connection to and use of such third party website and/or services are subject to such third party’s terms and conditions and privacy policy.

Location Information

Eworxs collects location information and it will be used and disclosed as set forth in the privacy policy found on www.eworxs.app . You acknowledge and agree that by accepting the Terms you are consenting to Eworxs LLC’s collection, use, disclosure and storage of your location information.

You may revoke your consent with respect to Eworxs’s collection, use, disclosure and storage of your location information at any time by contacting support@eworxs.app and deleting the app from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.

If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Eworxs LLC will continue to collect this location information.

If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, Eworxs will resume the collection of location information.

Third-Party Beneficiary

The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.

Restrictions and Limitations

We reserve the right to investigate any suspicious or inappropriate activity relating to the Referral Program. You may not engage in any fraudulent or deceitful behavior in connection with the Referral Program, including, without limitation, if you, directly or indirectly, offer any person a financial or other incentive to complete use your Referral Link or attempt to redirect traffic from, or divert Referral Rewards from, any other participant in the Referral Program. You may not use “bots,” “spambots,” “scrapers,” or any program or means designed to automatically send your Referral Link to third parties, or attempt to use your own Referral Link by registering for an additional account with Eworxs. Referring Users and Referred Users will not be eligible to receive a Credit or Discount, respectively, if such user violates these Referral Terms or the Terms of Service. We reserve the right, in our sole discretion, to delay the delivery of a Gift Card or the honoring of a Discount while we investigate your participation in the Referral Program or any use of a Referral Link.

Non-Exclusive

The Referral Program is non-exclusive. You acknowledge and agree that we may, at any time, solicit customer referrals via any method in our sole discretion.

Privacy

When a Referring User shares their Referral link with a third party through the Eworxs services, we may collect certain information about such third party as provided by the Referring User. Please see our Privacy policy on www.eworxs.app for information about how we collect, use, and disclose such information.

Contact Us

If you have any questions, comments, or concerns regarding these Referral Terms or the Referral Program, please contact us at support@ eworxs.app

Feedback

Any suggestions, comments or other feedback you give us about the Service will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

Relationship with Eworxs

Your use of the Services does not create any other type of relationship between you and Eworxs, including but not limited to any agency, partnership, joint venture, or employment relationship, or any obligations by Eworxs to you or any other User except as otherwise expressly stated in these Terms or other written agreement signed by an authorized agent of Eworxs.

Disclaimers

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL EWORXS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF EWORXS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF EWORXS’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY AMOUNTS PAID BY YOU TO EWORXS FOR THE SERVICES.

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Eworxs account.

Changes to the Service

Eworxs reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. Eworxs will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.

Consent to Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@eworxs.app

Notice for California Users

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Suspension and Termination

Eworxs may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at Eworxs's discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at support@eworxs.app

Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH EWORXS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EWORXS.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Eworxs agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in San Francisco, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Eworxs are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Eworxs intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

General

Enforcement of these Terms is solely at Eworxs’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, "including" means "including (without limitation)." The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.