1. About these Terms
These Terms of Service ("Terms") are an agreement between you and Elder Goose, LLC ("Workari," "we," "us," or "our"). They govern your use of Workari™, a web application for coordinating maintenance work, at workari.io (the "Service").
You accept these Terms by checking the box when you create an account or accept an invitation. If you use Workari for a business or other organization, you accept them for that organization too, and you confirm you have the authority to do so. If you don't agree, don't use Workari.
Workari is a service for businesses. It is not offered for personal, family, or household use. Clients and Requesters, who may be individuals, use Workari to deal with an Organization, which is our customer.
2. Definitions
- Organization: a business account in Workari. Each Organization has its own jobs, locations, team, and billing. In these Terms, the Organization is also called the "Customer."
- Owner: the one person who controls an Organization's billing, can transfer ownership to another manager, and can delete the Organization. If an Owner becomes unavailable, we may transfer ownership to another manager at the Organization's request, after checks to confirm the request is genuine.
- Users: people with a Workari login in an Organization: managers, team members, and clients. A person can belong to more than one Organization.
- Requesters: people without a login who send a request through an Organization's public request form.
- Customer Data: everything an Organization, its Users, or its Requesters put into Workari, such as jobs, comments, photos, documents, locations, contact details, and bulletins.
3. Accounts
- You must be at least 18 years old to use Workari.
- Workari is offered to businesses in the United States.
- Give accurate information when you sign up, and keep it current.
- Keep your password confidential. You're responsible for what happens under your account. Tell us at once at [email protected] if you think someone else has used it.
- You can delete your own account from your Account page. You can't delete it while you own an Organization, including one you deleted that can still be recovered; transfer ownership first.
4. Organizations and their Users
- The Owner and the Organization's managers decide who joins, what role each person has, and what each person can see and do. The Customer is responsible for the actions of its Users and for the permissions it gives them.
- Clients have free logins and see only the jobs at the locations the Organization gives them.
- An Organization's public request form lets anyone with the link send a request. Requests are held until the Requester confirms by email. Once confirmed, a request appears to the Organization as a new job, which it can accept or reject.
- Workari sends email on the Organization's behalf about its jobs: to its Users according to their notification settings, and to Requesters about the requests they sent.
5. Free trials and free periods
- A new Organization starts with a free trial or a free period. Its length is shown when you sign up, and its end date appears in Workari. We don't collect a card to start one.
- When it ends, access to the Organization is paused until the Owner subscribes. Nothing is charged unless the Owner adds a payment method and subscribes. Your Customer Data stays as it is.
- If the Owner subscribes before the free time ends, the first charge happens when the free time ends, not before.
- We may change the free offers for new Organizations at any time. A change doesn't shorten a trial or free period that has already started.
6. Subscriptions and payment
- Price. The current prices are shown on our pricing page and on your Organization's Billing page. The base price includes a set number of people, shown with the price; each manager or team member beyond that is billed per person. Clients are always free. Prices are in US dollars.
- Plans. You can pay monthly or annually. A subscription renews automatically at the end of each month or year, at the price then in effect for your plan, until it is cancelled.
- Payment. Payments are processed by Stripe. By subscribing, you authorize us, through Stripe, to charge your payment method for each renewal and for the changes below. We don't receive or store full card numbers.
- Adding people. When adding someone takes you past the people your price includes: on a monthly plan, it adds a prorated amount to the next bill. On an annual plan, the prorated amount for the rest of the year is charged right away.
- Removing people. Removing someone lowers the bill from the next renewal. There is no credit or refund for the rest of the current period.
- Switching plans. Switching from monthly to annual starts the annual plan, and its charge, that day, with a credit for the unused part of the month. Switching from annual to monthly takes effect when the paid year ends.
- Discounts. Discounts and promotion codes apply only as described when you use them. They can't be exchanged for cash.
- Price changes. We'll email the Owner before a price change applies to an existing subscription. The new price applies from your first renewal at least 30 days after that email.
- Reminders. We email the Organization's billing contacts (the Owner, its contact email, and managers who get billing email) about 30 days before each annual renewal. We send the same reminder before the first paid charge after free time when there's at least that long to go; either way, the date and amount of the first charge are shown before you subscribe.
- Taxes. Prices don't include taxes. You're responsible for any sales, use, or similar taxes that apply, other than taxes on our income.
7. Cancellation, refunds, and failed payments
- Cancelling. The Owner can cancel at any time from the Billing page, through the Stripe customer portal. Cancellation takes effect at the end of the period already paid for, and everyone keeps access until then. A cancellation can be undone before that date.
- No refunds. Payments are non-refundable. We don't give refunds or credits for partial periods, unused time, or people removed mid-period, except where the law requires it.
- Failed payments. If a payment fails, we email the Organization's managers. The Organization keeps access for 3 days. If the payment method isn't fixed by then, access is paused until it is. Nothing is deleted while access is paused.
- Paused access. While an Organization's access is paused, only its Owner can use the Billing, Team, and Organization Settings pages.
8. Customer Data
- It's yours. The Customer owns its Customer Data. We don't claim ownership of it.
- Our permission to use it. You give us a limited, non-exclusive license to store, copy, display, and process Customer Data only as needed to provide, secure, and support the Service and to meet our legal obligations. For example, we resize photos, send the emails described in these Terms, and show each User only what their permissions allow.
- Our role. For Customer Data, we act as the Customer's service provider. We process it on the Customer's behalf and under its instructions, which are these Terms and the settings it chooses in Workari. We don't sell it, and we don't use it for advertising. Our Privacy Policy explains how we handle personal information.
- Your responsibilities. The Customer is responsible for its Customer Data. That includes having the right to put it into Workari, and giving any notices or getting any consents the law requires for the people it concerns, such as tenants, clients, and onsite contacts. It also includes the emails Workari sends to them about their jobs.
- Sensitive information. Don't put sensitive personal information into Workari unless a job truly needs it. That includes Social Security or other government ID numbers, bank or card numbers, passwords, and health or medical information. Workari isn't designed to protect that kind of information beyond the measures in our Privacy Policy.
- Access by our staff. A small number of Workari staff can access Customer Data. They do so only to provide support you ask for, keep the Service secure and working, see sign-ups and how much each Organization uses Workari, or meet a legal obligation.
- Security incidents. If we learn that Customer Data was accessed without authorization, we'll tell the affected Customers promptly after we confirm it, and within any time the law requires. We'll share what we know and help them meet their own obligations.
- Copies. We keep regular backups of the Workari database, but we don't keep backup copies of uploaded photos or documents. Keep your own copies of anything you can't afford to lose.
9. Acceptable use
You agree not to:
- break any law, or infringe or violate anyone's rights, including privacy and intellectual property rights;
- upload content that is unlawful, harassing, hateful, sexually explicit, or that contains malware;
- use the public request form, invitations, or other Workari email to send spam or messages people didn't ask for;
- try to access accounts, Organizations, or data you aren't allowed to, or probe, scan, or test the Service's security without our written permission;
- overload or interfere with the Service, or use bots or scrapers on it;
- copy, resell, or reverse engineer the Service, or use it to build a competing product;
- use a name or email address that pretends to be Workari or someone else.
Each Organization also has limits on how many clients, locations, and jobs it can have, how many jobs it and each person can create in a day or an hour, and how much file storage its photos and documents use. Managers can see them on the Organization Settings page. They are set far above normal use, to stop abuse and runaway scripts, and we raise them on request.
10. Third-party services
11. Our intellectual property
- Workari, its software, design, and the Workari name and logo belong to Elder Goose, LLC. These Terms give you the right to use the Service while your account is active. They don't transfer ownership of any of it to you.
- If you send us ideas or feedback, we may use them without owing you anything.
12. Changes to the Service and availability
- We work to keep Workari available and reliable, but we don't guarantee that it will be uninterrupted or error-free. We may take it down for maintenance.
- We improve Workari over time, and we may add, change, or remove features. If we remove a feature that is central to a paid plan, we'll tell Owners in advance.
- We may offer features marked as early or beta. They are provided as they are and may change or stop.
13. Ending your use of Workari
- Deleting an Organization. The Owner can delete the Organization from its Settings page. Its subscription ends at once, with no refund. The Organization disappears from Workari, and the Owner can recover it within 30 days. After 30 days it is deleted permanently, with all its jobs, photos, documents, locations, and activity log. We keep a minimal record of the deletion; our Privacy Policy describes it. A recovered Organization's subscription stays cancelled, and the Owner has 3 days to set up billing again before access is paused. For a serious breach of these Terms or a legal requirement, we may delete an Organization without the 30-day recovery period.
- Deleting your account. You can delete your account from your Account page and restore it within 30 days. After that, your sign-in details are erased. Your name stays on the work records of the Organizations you worked for, because those records belong to them.
- Copies of your data. Workari doesn't have an export feature yet. If the Owner needs a copy of the Organization's data, email us before deleting it, and we'll help where we reasonably can.
- Suspension by us. We may suspend or end access to an account or an Organization if it breaks these Terms, if a payment isn't made, if it puts the Service or other people at risk, or if the law requires it. Where it's reasonable and lawful, we'll give notice first and a chance to fix the problem.
- What continues. Sections 7, 8 (except the license to use Customer Data), 11, and 14 through 20, and any amounts owed, continue to apply after your use ends, as far as they're relevant.
14. Disclaimers
Except as these Terms say otherwise, Workari is provided "as is" and "as available." To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Workari is a tool for organizing work. You remain responsible for the work itself, for safety, and for your decisions about it.
15. Limitation of liability
- To the extent the law allows, neither you nor Elder Goose, LLC is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if warned of them.
- To the extent the law allows, our total liability for all claims about Workari or these Terms is limited to the greater of the amounts the Customer paid us in the 12 months before the claim arose, or $100.
- These limits don't apply to your payment obligations, to your obligations under Section 16, to liability for fraud, gross negligence, or willful misconduct, or to liability that the law doesn't allow to be limited.
16. Indemnification
The Customer will defend and indemnify Elder Goose, LLC and its officers and employees against third-party claims, and the resulting losses and reasonable legal costs, that arise from its Customer Data or from its or its Users' use of Workari in breach of these Terms or the law. We'll tell the Customer promptly about such a claim and let it control the defense. It may not settle a claim in a way that admits fault for us without our consent.
17. Disputes
- Talk to us first. If you have a dispute with us, email [email protected] and give us 30 days to try to resolve it informally before you start a court case.
- Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.
- Where. Any court case about Workari or these Terms must be brought in the state or federal courts located in Santa Clara County, California, and both parties consent to their jurisdiction. Either party may still bring a claim in small claims court if it qualifies.
- Individual claims. To the extent the law allows, claims must be brought individually, not as a plaintiff or class member in a class or representative action.
18. Changes to these Terms
We may update these Terms. When we make a material change, we'll email every account at least 30 days before the change takes effect, and post the new version with the date it takes effect. A change required by law, or a change of the company that provides Workari (Section 19), may take effect sooner; we'll still email you about it. Changes apply going forward only: they don't apply to a dispute that arose before they took effect. If you keep using Workari after a change takes effect, you accept the updated Terms. If you don't agree, stop using Workari and delete your account or Organization.
19. Assignment
We may transfer these Terms, together with your account and Customer Data, to an affiliate or to a successor company as part of a reorganization, merger, acquisition, or sale of assets. That includes a change of the company that provides Workari. We'll email you when this happens, and the company that receives these Terms takes on our obligations under them. You may not transfer these Terms without our written consent, except to a successor of your whole business.
20. General
- Notices. You agree that we may send notices and other communications by email to the address on your account, and that these meet any requirement that they be in writing. Notices to us go to [email protected].
- Events beyond control. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as outages at our providers, natural disasters, or acts of government. This doesn't excuse payment obligations.
- Export laws. You may not use Workari in violation of US export or sanctions laws.
- Whole agreement. These Terms and our Privacy Policy are the whole agreement between you and us about Workari. If a part of these Terms can't be enforced, the rest still applies. Not enforcing a part of these Terms isn't a waiver of it. Nothing in these Terms creates a partnership, agency, or employment relationship.
21. Contact
Questions about these Terms? Email [email protected].