Terms and conditions of usage
This page explains the terms by which you may use our web site or mobile apps. Us "Worktrim", "us", "our" or "we") on this web page refers to Worktrim, a product
of Appcentrus LLC.
Please read these Terms of Use ("Terms") carefully as they are a binding agreement between You and Appcentrus LLC.
you agree to be bound by the Terms and to comply with applicable laws,
including export control laws and regulations.
Your Account
You may be asked to input information to access certain areas of the Website, download certain Materials,
and register for an account. You agree to provide accurate and up to date information. Information you provide to Worktrim
during any input process, as well as all other information collected about you when you visit the Website, will be governed by Appcentrus's
privacy policy.
You understand and agree that you are responsible for maintaining the confidentiality of your account passwords.
You agree that you will be solely responsible to Worktrim for all activities that occur under your account. You agree to notify Worktrim
immediately of any unauthorized use of, or other security breach related to your account.
Restricted usage
You are not permitted to do any of the following while using the Website:
(a) conduct or promote any illegal activities;
(b) upload, download, distribute or print anything that violates the Terms of Use or that may be harmful to others;
(c) attempt to reverse engineer or jeopardize the correct functioning of the Website;
(d) attempt to gain access to secured portions of the Website to which you do not possess access rights;
(e) upload, submit, or transmit any form of virus, worm, Trojan horse, or other malicious code;
(f) use the Website to generate unsolicited email advertisements or spam;
(g) use any automatic or manual process to harvest information from the Website;
(h) impersonate another user; or
(i) copy or distribute or attempt to copy or distribute the Content.
This Website may allow you to access other websites that are not under our control (collectively, the "Third-Party Sites").
Any links to Third-Party Sites are provided as a convenience only. Worktrim does not endorse any Third-Party Sites and assumes no responsibility or liability
for any material that may be accessed on Third-Party Sites.
Worktrim prohibits unauthorized links to its Website and the framing of any information contained on the Website or
any portion of the Website and reserves the right to disable unauthorized links at any time. Worktrim has no responsibility or liability for any
materal that may contain links to the Website.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Website or any Content available for view or download
(including User Contributions) will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external
to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO
YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE
LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE,
ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WORKTRIM NOR ANYONE ASSOCIATED WITH WORKTRIM REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT
OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WORKTRIM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL WORKTRIM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY
CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE
ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN 21 DAYS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
General
These Terms govern your use of the Website and constitute the entire legal agreement between you and Worktrim relating thereto.
Additional or different terms, conditions, and notices may apply to specific components of services offered through the Website.
In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms.
Please see the applicable agreement or notice. Worktrim reserves all rights not expressly granted under these Terms, including
intellectual property rights, and no other rights are granted under these Terms by implication or estoppel or otherwise. Worktrim may
update these Terms from time to time. Worktrim will change the Last Updated date at the bottom of these Terms when it does so. It is your
responsibility to check these Terms regularly. Worktrim's failure to enforce any legal right or remedy contained in these Terms or applicable
law shall not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to Worktrim.
If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining provisions of these Terms will be unaffected.
Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of Minnesota
without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Hennepin County, Minnesota.
You acknowledge that Worktrim may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.
Our payment service
In order to use the payment functionality of Worktrim application, you must open a "Dwolla Account"
provided by Dwolla, Inc. and you must accept the
Dwolla Terms of Service and
Privacy Policy .
Any funds held in or transferred through your Dwolla Account are held or transferred by
Dwolla's
financial institution partners. You must be at least 18 years old to create a Dwolla Account.
You authorize us to collect and share with Dwolla your personal information including full name,
date of birth, social security number, physical address, email address and financial information,
and you are responsible for the accuracy and completeness of that data.
You understand that you will access and manage your Dwolla Account through Worktrim application,
and Dwolla account notifications will be sent by us, not Dwolla.
Worktrim will provide customer support for your Dwolla Account activity, and can be reached
via web ,
[email protected] and/or 1-800-903-2036.
If you register to create an account to receive payments via our application, you expressly authorize Worktrim's service provider,
Dwolla, Inc. to originate credit transfers to your financial institution account. You must be at least 13 years old and obtain parental permission
if under 18 to receive funds. You authorize Worktrim/us to collect and share with Dwolla your personal information including full name, email
address and financial information, and you are responsible for the accuracy and completeness of that data.
Dwolla’s Privacy Policy is available
here.
Third parties and partners
For some of our services such as payroll, we use third parties. By using our system, you agree to their privacy policy as well. Here are some of our
partners and their terms of conditions.
1)Dwolla: ACH payment service provider
Dwolla's terms of service
Indemnification
You agree to indemnify, defend, and hold us and our affiliates, officers, agents,subsidiaries, employees, contractors, partners and
licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements,
judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to,
relating to, or arising from :
(i) your use of the Site or any products you purchase through the Site;
(ii) your violation of these Terms;
(iii) any Account Data, Content, and/or Feedback you provide;
(iv) your negligence, fraud, or willful misconduct;
(v) your Account; and/or
(vi) your violation of any law or regulation or any rights of another.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against,
and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY,
OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
ACCESS TO OR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, GOODS, SERVICES AND/OR PRODUCTS WE HAVE PROVIDED TO
YOU ON OR THROUGH THE SITE, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW
ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITE OR ANY PRODUCTS YOU PURCHASE ON OR THROUGH THE SITE;
(B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER,
MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OR ACCOUNT DATA OBTAINED THROUGH USE
OF THE SITE; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, EPIDEMIC, PANDEMIC, ANY GLOBAL, NATIONAL,
OR LOCAL PUBLIC HEALTH EMERGENCY OR DISEASE OUTBREAK, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE,
OR RELATED INFORMATION OR PROGRAMS OR OUR MOBILE APPS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION
TO OR FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (3) COMPUTER OR DEVICE VIRUSES.
WITHOUT LIMITING THE TERMS SET FORTH IN THE SERVICE TERMS REGARDING THE LIMITATION OF OUR LIABILITY TO YOU FOR ANY GOODS, PRODUCTS,
AND/OR SERVICES YOU PURCHASE ON OR THROUGH THE SITE, OUR TOTAL LIABILITY TO YOU RELATING TO THESE TERMS AND/OR YOUR USE OF THE SITE,
FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID US DIRECTLY FOR THE USE OF
THE SITE OR APPLICABLE SERVICE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TWELVE UNITED STATES DOLLARS ($12.00). YOU ALSO ACKNOWLEDGE
AND AGREE THAT YOU
HAVE VIEWED OR USED THE SITE OR OUR MOBILE APPS WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.
BY ACCESSING THE SITE AND USING OUR MOBILE APPS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED,
AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION
1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not
apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.