Terms and Conditions
Sophya Inc. (dba "SoWork") ("Sophya," SoWork," "we," "us," "our") provides its services (described below) to you through its website located at www.sowork.com (the "Website") and through its mobile applications and related services (collectively, such services, including any new features, applications, associated software, and the Website, the "Service(s)"), subject to the following Terms of Service (including all exhibits, attachments, and incorporated policies, as amended from time to time, collectively, the "Terms of Service"). At our sole discretion, we reserve the right to change or modify portions of these Terms of Service at any time.
Important, Read Carefully:
Your use of and access to the website and services of SoWork is conditioned upon your compliance with and acceptance of these terms of service, which include your agreement to arbitrate claims. please review thoroughly before accepting.
By clicking/checking the "I Agree" button/box, accessing the website or by utilizing the services, you agree to be bound by these terms of service. the services are not available to persons who are not legally eligible to be bound by these terms of service.
Services Description: The Service is designed to allow users to engage in community interactions via video, audio, text, and other GUI-driven methods.
Your Registration Obligations: You may be required to register with SoWork in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy and Data Policy. Without prior parental or guardian consent, you must be at least 18 years old to use the Service. By using the Service, you affirm that you are over 18.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your passcode and account, if any, and are fully responsible for any and all activities that occur under your passcode or account. You agree to immediately notify SoWork of any unauthorized use of your passcode or account or any other breach of security. SoWork will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: SoWork reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SoWork will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge SoWork may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on SoWork's servers on your behalf. You agree that SoWork has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that SoWork reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that SoWork reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Service"). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Sophya, Inc. and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Sophya, Inc. account information to ensure that messages intended for you are not sent to unintended parties.
2. Conditions of Use
User Conduct: You are solely responsible for all video, audio, code, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("Content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by SoWork.. SoWork reserves the right to investigate and take appropriate legal action against anyone who, in Sophya, Inc.’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
1. Engage in any conversation or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services and any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Sophya, Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Sophya, Inc. or its users to any harm or liability of any type;
2. Record any portion of a conversation without the express consent of all parties involved, or use the Service in a manner that violates laws or regulations requiring the consent of subjects of audio and video recordings;
3. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
4. Violate any applicable local, state, national or international law, or any regulations having the force of law;
5. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. Solicit personal information from anyone under the age of 18;
7. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
8. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
9. Promote or aid in the building of a competitive product or service, copy the Service’s features or user interface, or solicit users or customers from the Service;
10. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
11. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Recordings: You are responsible for compliance will all recording laws. A user can choose to enable recordings, which records both audio and video. By using the Service, you are giving SoWork consent to store any or all recordings, if such recordings are stored in our systems. Unless you connect to the Service by phone dial-in only, you will receive a notification (visual or otherwise) when recording is enabled. If you connect to the Service by phone dial-in only, you will receive a warning that your meeting may be recorded. If you do not consent to being recorded, you can choose to leave the meeting.
Responsibility for End Users: You are responsible for the activities of all who access or use the Services through your account and you agree to ensure that any such end user will comply with the terms of these Terms of Service. Sophya, Inc. assumes no responsibility or liability for violations. If you become aware of any violation of these Terms of Service in connection with use of the Services by any person, please contact SoWork at firstname.lastname@example.org. SoWork may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or user profiles. Under no circumstances will SoWork be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Sophya, Inc. information regarding your credit card or other payment instrument. You represent and warrant to SoWork that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (e.g., a change in your billing address or credit card information) that may occur. If you purchase a subscription to the Services for a specified term, the Services will continue until the end of the current subscription term. You agree to pay SoWork the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If you cancel, you will not receive a refund for any of the Services already paid for. If you dispute any charges, you must let Sophya, Inc. know within sixty (60) days after the date that SoWork charges you. We reserve the right to change SoWork's prices. If SoWork. does change prices on a subscription product or feature, SoWork will provide notice of the change on the Website or in email to you, at SoWork's option, at least 15 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on SoWork's net income. You agree that in the event SoWork is unable to collect the fees owed for the Services through your account, SoWork may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by SoWork in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that Sophya, Inc. may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
Export Compliance: The Service is controlled and operated by SoWork from the United States, and, unless expressly set forth herein, is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.
It is your responsibility to ensure that you comply with all applicable laws and that you have all rights required to use the Service in the locations where you use them and how you use them. You acknowledge that any materials provided to you pursuant to these Terms of Service are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and you acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required. You represent and warrant that you are not a person or entity appearing on the lists published by the U.S. Department of Commerce, the U.S. Department of State, the U.S. Department of Treasury or any other list that may be published by the U.S. Government, as amended from time to time, that is prohibited from acquiring access to or control of items under these Terms of Service , or with which Sophya, Inc. is prohibited from doing business. You further represent that the Services shall not be used for or in connection with nuclear, chemical or biological weapons, weapons of mass destruction, missiles, unmanned aerial vehicles, and/or to support terrorist activities, each in a way that would violate any applicable law, or in any other way that would violate U.S. export controls or economic sanctions laws or regulations.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with Sophya, Inc.. You may not offer or enable any third parties to use the Services, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by you) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.
3. Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SoWork., you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Sophya, Inc. from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of SoWork., our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Sophya
The SoWork name and logos are trademarks and service marks of SoWork (collectively the "Sophya/Sowork Trademarks"). Other SoWork product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SoWork. Nothing in these Terms of Service or the Service should be construed as granting, by implication or otherwise, any license or right to use any of SoWork. Trademarks displayed on the Service, without our prior written permission in each instance.
Use of Name and Logo: By choosing to use SoWork's services, SoWork may use your company’s name and logo to identify your company as a customer of SoWork. SoWork's use of your company's name and logo does not create any ownership right therein and all rights not granted to SoWork are reserved by you. You shall have the right to revoke permission of such use of the name and / or logo at any time through written request submitted to email@example.com.
Third Party Material: Under no circumstances will SoWork be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that SoWork does not pre-screen content, but that SoWork and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, SoWork. and its designees will have the right to remove any content that violates these Terms of Service or is deemed by SoWork, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: You may display files, recordings, sound, music, graphics and images in connection with your use of the Services ("User Content"). You represent and warrant that you own or have the necessary permissions to use and authorize the use of your User Content. You further represent and warrant that your User Content does not and will not violate any third party rights or applicable law, rule, or regulation. You grant Sophya, Inc. and its subcontractors a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to host, cache, copy, store and display your User Content for the purpose of and in conjunction with your use of the Services. SoWork does not claim any ownership rights to your User Content. You acknowledge and agree that SoWork is not responsible in any manner for your User Content, that you are solely responsible to retain adequate back-ups of your User Content, that you assume all risk associated with your User Content and the transmission of your User Content, and that you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Sophya, Inc. are non-confidential and SoWork will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that SoWork. may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SoWork, its users and the public.
4. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. SoWork has no control over such sites and resources and SoWork is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that SoWork will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that SoWork is not liable for any loss or claim that you may have against any such third party.
6. Indemnification, Releases
You agree to release, indemnify and hold SoWork and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Injunctive Relief: You acknowledge that any use of the Services contrary to these Terms of Service, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to SoWork., and under such circumstances Sophya will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
You affirm that You are at least 13 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 13 or are otherwise ineligible.
8. Intended Use; Restriction on Use by Children
The Services are intended for business use. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. Sophya is not intended for use by individuals under the age of 13.
9. Disclaimer of Warranties
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. SoWork expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
SoWork makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
10. Limitation of Liability
You expressly understand and agree that SoWork will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if SoWork has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event will Sophya, Inc.’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Sophya, Inc. in the last six (6) months, or, if greater, one hundred and fifty dollars ($150).
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
11. Dispute Resolution by Binding Arbitration
Please read this section carefully as it affects your rights.
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and SoWork whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and SoWork. are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and SoWork agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. unless both you and SoWork agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.
Pre-Arbitration Dispute Resolution
SoWork is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). Please e-mail us at email@example.com and we will provide an address ("Notice Address") to which you can address postal mail. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If SoWork and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sophya, Inc. may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sophya, Inc. or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sophya, Inc. is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless SoWork and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 USD or less, Sophya, Inc. agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000 USD, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, SoWork will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, SoWork agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Sophya, Inc. written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that SoWork in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if SoWork believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. SoWork may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that SoWork may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SoWork will not be liable to you or any third party for any termination of your access to the Service. Unless otherwise prohibited by law, all provisions regarding indemnification and releases, disclaimers of warranties, limitation of liability, and dispute resolution by binding arbitration shall survive the termination for any reason of your access, account or these Terms of Service.
13. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and SoWork will have no liability or responsibility with respect thereto. SoWork reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and SoWork and govern your use of the Service, superseding any prior agreements between you and SoWork. with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Sophya, Inc. agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware. The failure of SoWork to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Sophya, Inc., but SoWork may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
14. Your Privacy
15. Special Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California 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 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Sophya, Inc., Inc. at firstname.lastname@example.org.
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
Last updated: 7/28/2022
16. SoWork AI Supplementary Terms
These SoWork AI Supplementary Terms (“SoWork AI Terms”) form a part of the general Terms of Service as applicable, between you and SoWork (the “Agreement”). These SoWork terms apply to your access and use of any SoWork AI feature(s). Any terms used herein have the same meaning as in the prefacing terms and conditions. For the purposes of these SoWork AI Terms and where the general Terms of Service apply, any reference to Customer Data shall also mean User Content.
“SoWork AI” means any feature(s) or functionality made available by SoWork that utilize(s) data models trained by machine learning.
Subscription Term and Subscriptions. SoWork Subscriptions include the features and functionality as outlined on our website and the Documentation for the applicable Subscription Plan. Unless otherwise indicated at the time of purchase or in an Order Form, the Subscription Term for a SoWork AI product shall be coterminous with your primary Subscription to SoWork, including any renewal Subscription Term.
Your use of SoWork AI is subject to fair usage restrictions. You acknowledge and agree that if you exceed the usage of applicable as permitted by your Subscription and Subscription Plan: (i) you may be required to upgrade your Subscription Plan or purchase additional usage to continue accessing and using SoWork AI; and (ii) SoWork may disable or degrade performance of such SoWork AI features.
Improving SoWork AI and Sophia Bot. Unless requested by Customer, SoWork does not use identifiable Customer Data to train the machine learning models used to provide the SoWork AI feature set.
Artificial intelligence and machine learning models can improve over time to better address specific use cases. We may use data we collect from your use of SoWork AI to improve our models when you (i) voluntarily provide Feedback or (ii) give us your permission.
Input and Output. You may provide input to be processed by SoWork AI (“Input”), and receive output generated and returned by SoWork AI based on the Input (“Output”). When you use SoWork AI, Input and Output are your Customer Data. You are solely responsible for the development, content, operation, maintenance, and use of your Customer Data. You will ensure that your Input and use of SoWork AI and Output will not (i) violate any applicable law; (ii) violate these SoWork AI Terms, the Agreement or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering SoWork AI features, Output may not be unique and SoWork AI may generate the same or similar output to SoWork or a third party.
SoWork AI Feature Use Restrictions. You may not use SoWork AI or Output (i) to develop foundation models or other large scale models that compete with SoWork or SoWork AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.
WARRANTY DISCLAIMER. SOWORK DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SOWORK AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH SOWORK AI. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY SOWORK AI FEATURE IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. OUTPUT THAT APPEAR ACCURATE BECAUSE OF THEIR DETAIL OF SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. SOWORK AI CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOWORK OR THROUGH SOWORK AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Service Level Terms Are Not Applicable. Notwithstanding anything to the contrary in your Agreement or the Service Level Terms, downtime of SoWork AI that results from a failure of a third party service will not be included in the Availability and Downtime calculations.
Third Party Provider Policies. If you choose to use the SoWork AI feature(s), you may not use the SoWork AI features in a manner that violates any OpenAI Policy, including their Content Policy; Sharing and Publication Policy; and Community Guidelines.