WorkKits360 Terms of Service

Last Updated: January 2025

What These Terms Are For (In Plain Language)

These Terms of Service explain the rules and expectations for using WorkKits360. We've written them as clearly as possible, avoiding unnecessary legal jargon. Our goal is to set clear boundaries while respecting your autonomy and the complexity of running a business.

The short version: You own your content. We own the platform. We're not liable for AI mistakes. Use the service responsibly. We can help you succeed, but you're in control of your business decisions.

Table of Contents

1. Agreement to Terms
2. Definitions and Roles
3. Account Registration and Security
4. Content Ownership and Rights
5. Acceptable Use
6. AI Features and Limitations
7. Billing and Subscriptions
8. Service Availability and Modifications
9. Termination
10. Disclaimers and Limitations of Liability
11. Indemnification
12. Dispute Resolution
13. Governing Law
14. Changes to These Terms
15. Contact Us

1. Agreement to Terms

1.1 Acceptance

By accessing or using WorkKits360, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use WorkKits360.

If you are using WorkKits360 on behalf of a company:

• You represent that you have authority to bind that company to these Terms
• "You" refers to both you and the company
• You are responsible for ensuring all users in your company comply with these Terms

1.2 Age Requirements

You must be at least 18 years old to use WorkKits360, or have the consent of a parent or guardian if you are between 13 and 17 years old. WorkKits360 is not intended for children under 13.

1.3 Updates to Terms

We may update these Terms from time to time. If we make material changes, we will:

• Notify you via email (if you have an account)
• Post a notice on our website
• Update the "Last Updated" date at the top of these Terms

Your continued use of WorkKits360 after changes are posted constitutes acceptance of the updated Terms.

2. Definitions and Roles

2.1 Platform Roles

Platform Admin (WorkKits360):

• Internal WorkKits360 personnel with system-wide access
• Can view system health, usage metrics, and support all companies
• Does NOT have access to your company's private content (except for technical support)

Company Owner:

• The person or entity that created the company account
• Has full control over company settings, billing, users, and content
• Can assign roles to other users
• Owns all company content (Kits, Playbooks, Tasks, Library items)

Company Admin:

• Assigned by Company Owner
• Can manage users, locations, and company content
• Cannot change billing or delete the company account

Location Admin / Manager:

• Manages a specific location within a company
• Can assign content to staff at their location
• Can view location-specific data and progress
• Cannot access company-wide settings or other locations

Staff:

• Frontline workers who complete tasks, training, and workflows
• Can view and complete assigned content
• Owns their wellbeing content (private to them)
• Cannot create or modify company content

View-Only Users (Future):

• May be added in future updates
• Will have read-only access to specified content

2.2 Content Types

Company Content:

• Kits (training, project, wellbeing workflows)
• Playbooks (reference documentation)
• Tasks (company-wide and assigned)
• Library items (product information)
• Training materials and assessments

Personal Content:

• Wellbeing reflections and notes
• Personal task notes (if marked private)
• User profile information

3. Account Registration and Security

3.1 Account Creation

Company Owners:

• Can create accounts through self-signup
• Must provide accurate company and contact information
• Are responsible for all activity under their account

Staff Users:

• Are typically invited by Company Owners or Admins
• May be created through self-signup in some cases
• Must provide accurate personal information

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Using strong, unique passwords (if you use password authentication)
• Logging out of shared devices

We are responsible for:

• Implementing security measures to protect your account
• Notifying you of known security breaches
• Providing secure authentication methods (magic links, OAuth)

3.3 Account Suspension

We may suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• You fail to pay required fees (if applicable)
• We are required to do so by law

We will provide notice and an opportunity to cure (where appropriate) before suspension or termination, except in cases of immediate security threats or illegal activity.

4. Content Ownership and Rights

4.1 Your Content Ownership

Company Content:

• You (the company) own all content you create: Kits, Playbooks, Tasks, Library items, etc.
• You grant WorkKits360 a license to store, display, and process your content to provide the service
• You retain all intellectual property rights to your content

Personal Content:

• You own your personal wellbeing content and private notes
• You grant WorkKits360 a license to store and process your personal content to provide the service
• Your employer does NOT own your wellbeing content (see Privacy Policy)

4.2 WorkKits360 Platform Ownership

We own:

• The WorkKits360 platform, software, and underlying technology
• AI models and algorithms (though we use third-party AI services)
• Platform-generated analytics and aggregated data
• Our trademarks, logos, and brand identity

You do NOT own:

• The WorkKits360 platform or software
• Our AI models or algorithms
• Platform infrastructure or code

4.3 License to Use Your Content

By using WorkKits360, you grant us:

• A worldwide, non-exclusive, royalty-free license to store, display, and process your content
• The right to use your content to provide, improve, and support the service
• The right to create backups and ensure data availability

This license:

• Is limited to providing the service
• Does NOT allow us to sell your content
• Does NOT allow us to use your content to train AI models (beyond what's necessary for the service)
• Terminates when you delete your content or account (subject to backup retention)

4.4 User-Generated Content Responsibility

You are responsible for:

• Ensuring you have the right to upload and use any content you provide
• Not uploading copyrighted material without permission
• Not uploading illegal, harmful, or discriminatory content
• Complying with applicable laws and regulations

We are NOT responsible for:

• The accuracy or legality of your content
• Copyright infringement by users
• Content that violates these Terms (though we may remove it)

5. Acceptable Use

5.1 Permitted Uses

You may use WorkKits360 to:

• Create and manage workflows, training, and documentation
• Organize and track tasks and assignments
• Store and manage product information
• Generate content using AI features (with appropriate review)
• Collaborate with your team on business processes

5.2 Prohibited Uses

You may NOT:

• Use WorkKits360 for illegal purposes or to violate any laws
• Upload, create, or share content that is:
  • Discriminatory, harassing, or harmful
  • Defamatory, libelous, or invasive of privacy
  • Infringing on intellectual property rights
  • Containing malware, viruses, or harmful code
• Scan copyrighted or proprietary product labels without permission
• Use wellbeing features to extract personal or sensitive information from others
• Attempt to gain unauthorized access to other companies' data
• Reverse engineer, decompile, or disassemble the platform
• Use automated systems to scrape or extract data
• Interfere with or disrupt the service
• Impersonate others or provide false information

5.3 Product Scanning

When scanning product labels:

• You must have the right to scan and use the product information
• You may NOT scan copyrighted labels without permission
• You are responsible for ensuring scanned content complies with applicable laws
• We are NOT liable for copyright infringement related to scanned labels

5.4 Enforcement

If you violate these Terms:

• We may remove offending content
• We may suspend or terminate your account
• We may take legal action if necessary
• We may report illegal activity to law enforcement

5.5 Copyright Complaints (DMCA)

If you believe content stored in WorkKits360 infringes your copyright, you may submit a DMCA notification to our designated agent at support@workkits360.com. We will review valid notices and take appropriate action, which may include removing the content or disabling access.

WorkKits360 will formally register this DMCA agent with the U.S. Copyright Office before public launch.

5.6 Export Compliance

You agree to comply with all applicable export control laws and regulations, including U.S. Export Administration Regulations. You may not use WorkKits360 in countries or regions embargoed by the United States or for purposes prohibited under export control laws.

Users may not access WorkKits360 if they are located in or citizens of countries subject to U.S. embargoes, or if they appear on U.S. government lists of prohibited or restricted parties.

6. AI Features and Limitations

6.1 AI Services

WorkKits360 uses AI (OpenAI's GPT models) to:

• Extract information from product label images
• Generate interpretations and suggestions
• Assist with content creation (Kits, Playbooks)
• Classify user intents and suggest actions

6.2 AI Accuracy and Limitations

Important: AI-generated content may contain inaccuracies, errors, or "hallucinations" (made-up information). AI is a tool to assist you, not a replacement for human judgment.

You are responsible for:

• Reviewing all AI-generated content before using it operationally
• Validating AI-generated training or workflows with competent human review
• Ensuring AI-generated content is accurate and appropriate for your use case
• Not relying solely on AI-generated content for critical business decisions

AI-generated content may be imperfect at times. We encourage thoughtful human review to ensure accuracy, particularly for training, safety, or compliance-related materials.

6.3 AI Model Evolution

AI models may evolve over time:

• We may update or change the AI models we use
• AI behavior may change as models are updated
• We are not required to maintain specific AI model versions
• You are responsible for reviewing AI output regardless of model changes

6.4 AI Usage and Costs

AI features may:

• Be subject to usage limits (rate limiting)
• Incur additional costs (AI add-on subscriptions)
• Be disabled for your account if you exceed limits or fail to pay fees

We are not responsible for:

• AI service outages or interruptions
• Changes to third-party AI services (OpenAI)
• Costs incurred from AI usage (you are responsible for monitoring usage)

6.5 AI Data Processing

When you use AI features:

• Your content is sent to OpenAI for processing
• OpenAI does NOT use your data to train their models (we use their API, not training services)
• We retain AI-generated content in your account
• See our Privacy Policy for more details on AI data handling

7. Billing and Subscriptions

7.1 Subscription Plans

WorkKits360 offers subscription plans with:

• Base pricing (varies by plan)
• Per-user fees (if applicable)
• Optional add-ons:
  • AI Add-on (for enhanced AI features)
  • SMS Add-on (for SMS notifications, if available)

Pricing details:

• Current pricing is available on our website or in your account settings
• We reserve the right to change pricing with 30 days' notice
• Price changes will not affect your current billing period

7.2 Free Trials

We may offer free trials:

• Free trials are subject to specific terms (if applicable)
• Free trials may convert to paid subscriptions automatically
• You can cancel before the trial ends to avoid charges

7.3 Payment Terms

Payment:

• Subscriptions are billed in advance (monthly or annually)
• Payment is processed through Stripe (we do not store payment card information)
• You are responsible for keeping payment information up to date
• Failure to pay may result in service suspension or termination

7.4 Refunds

Refund Policy:

• Refunds are handled on a case-by-case basis
• We may offer refunds for unused portions of subscriptions in certain circumstances
• Refunds are not guaranteed and are at our discretion
• Contact support@workkits360.com for refund requests

7.5 Cancellation

You can cancel your subscription:

• At any time through your account settings
• Cancellation takes effect at the end of your current billing period
• You will continue to have access until the end of your billing period
• No refunds for partial billing periods (unless otherwise specified)

8. Service Availability and Modifications

8.1 Service Availability

We strive to provide reliable service, but:

• We do not guarantee 100% uptime
• Service may be interrupted for maintenance, updates, or unforeseen issues
• We are not liable for service interruptions or downtime

8.2 Service Modifications

We may:

• Update, modify, or discontinue features
• Change the platform interface or functionality
• Add or remove features
• Update security measures

We will:

• Provide reasonable notice of material changes (when possible)
• Maintain backward compatibility where feasible
• Support you through transitions

8.3 Data Availability

We make reasonable efforts to:

• Ensure your data is available and accessible
• Maintain backups and disaster recovery systems
• Protect against data loss

However:

• We are not liable for data loss due to user error, third-party failures, or force majeure events
• You are responsible for maintaining your own backups of critical content
• We recommend exporting important data periodically

9. Termination

9.1 Termination by You

You can terminate your account:

• At any time through your account settings
• By contacting us at support@workkits360.com
• By canceling your subscription (account may remain active until billing period ends)

Upon termination:

• Your access to WorkKits360 will be revoked
• Your personal information will be deleted (subject to backup retention)
• Company content may remain accessible to other company users
• Wellbeing content will be permanently deleted

9.2 Termination by Us

We may terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• You fail to pay required fees
• We are required to do so by law
• We discontinue the service (with reasonable notice)

Upon termination by us:

• We will provide notice and an opportunity to export your data (where appropriate)
• Your access will be revoked
• Your data will be deleted (subject to legal retention requirements)

9.3 Effect of Termination

Upon termination:

• All licenses and rights granted under these Terms terminate
• You must stop using WorkKits360 immediately
• We may delete your account and data (subject to backup retention)
• Provisions that by their nature should survive termination will survive (e.g., indemnification, disclaimers)

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimers

WorkKits360 is provided "as is" and "as available." We disclaim:

• All warranties, express or implied (including merchantability, fitness for a particular purpose, non-infringement)
• Warranties that the service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of AI-generated content

10.2 AI Disclaimers

AI-generated content:

• May be imperfect at times. We encourage thoughtful human review to ensure accuracy, particularly for training, safety, or compliance-related materials
• Should be reviewed and validated by competent humans
• Is not a replacement for professional judgment or expertise

10.3 Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability is limited to the amount you paid us in the 12 months preceding the claim
• We are not liable for:
  • Loss of data, profits, or business opportunities
  • Service interruptions or downtime
  • Errors or inaccuracies in AI-generated content
  • Third-party actions or failures
  • Force majeure events

Some jurisdictions do not allow limitations of liability, so some of these limitations may not apply to you.

10.4 Data Availability & Backups

We strive to maintain reliable access to the service, but we do not guarantee uninterrupted availability or preservation of all customer data. Customers remain responsible for maintaining backups of any critical information stored in WorkKits360.

10.5 Responsibility-Based Language

We believe in responsibility, not fear:

• You are responsible for your business decisions and use of WorkKits360
• We are responsible for providing a reliable, secure platform
• We work together to ensure success, but you remain in control of your business

This limitation of liability is not about avoiding responsibility—it's about setting reasonable expectations and boundaries.

11. Indemnification

You agree to indemnify and hold harmless WorkKits360, its affiliates, and their officers, directors, employees, and agents from:

• Claims, damages, losses, liabilities, and expenses (including legal fees)
• Arising from your use of WorkKits360
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or conduct

This indemnification:

• Applies to the maximum extent permitted by law
• Does not require us to assume the exclusive defense or control of any matter
• Does not prevent you from seeking legal counsel

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, we encourage:

• Contacting us at support@workkits360.com to resolve issues informally
• Good-faith discussions to find mutually acceptable solutions
• Mediation or alternative dispute resolution (if both parties agree)

12.2 Binding Arbitration (U.S. Users)

For U.S. users:

• Disputes will be resolved through binding arbitration (not in court)
• Arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association
• You waive your right to a jury trial and class action lawsuits
• Arbitration will take place in Nevada, USA

Exceptions:

• Small claims court actions are allowed
• Intellectual property disputes may be brought in court
• You may opt out of arbitration within 30 days of account creation (contact us)

To comply with U.S. legal requirements, WorkKits360 will clearly disclose arbitration terms at account signup. By creating an account, users acknowledge and agree to the Arbitration Agreement described in this document.

12.3 Governing Law

These Terms are governed by:

• The laws of Nevada, USA
• Without regard to conflict of law principles

International users: These Terms are governed by U.S. law, but we respect applicable local laws where possible.

13. Governing Law

These Terms are governed by the laws of Nevada, USA, without regard to conflict of law principles.

Jurisdiction:

• For U.S. users: Disputes will be resolved in Nevada, USA
• For international users: Disputes will be resolved in Nevada, USA, but we respect applicable local laws where possible

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes:

• We will notify you via email (if you have an account)
• We will post a notice on our website
• We will update the "Last Updated" date at the top of these Terms

Your continued use of WorkKits360 after changes are posted constitutes acceptance of the updated Terms.

If you do not agree to updated Terms:

• You may terminate your account
• You may stop using WorkKits360
• You may contact us to discuss concerns

15. Contact Us

If you have questions about these Terms, please contact us:

Email: legal@workkits360.com or support@workkits360.com

Mailing Address: WorkKits360 1301 Wright St Reno, NV 89509 USA

Response Time: We aim to respond to inquiries within 5 business days.

Summary

Your responsibilities:

• Use WorkKits360 responsibly and legally
• Review AI-generated content before using it operationally
• Keep your account secure
• Comply with these Terms

Our responsibilities:

• Provide a reliable, secure platform
• Protect your data and privacy
• Be transparent about our practices
• Support you in using WorkKits360 effectively

Ownership:

• You own your content (company content and personal wellbeing content)
• We own the platform and underlying technology
• AI-generated content belongs to you (after you review and save it)

Limitations:

• AI may contain inaccuracies—you must review it
• We are not liable for business decisions or AI errors
• Service may be interrupted—we're not liable for downtime

We're here to help you succeed, but you remain in control of your business decisions.

Thank you for using WorkKits360. We're committed to helping you and your team work more effectively, with clarity and confidence.