Terms of Service
WRK, Inc.

Welcome to wrkshp!

Please read these Terms of Service (the “Terms of Service” or “Agreement”) carefully as this is a binding agreement between WRK, Inc., its affiliates, and any of its or their respective successors or assigns (“Company”, “we”, “our”, or “us”) and you (“you” “your” or “Customer”).

These Terms of Service apply to your access to, and use of the “wrkshp” platform, including all software, agents, tools, APIs, Managed Infrastructure, and related Service provided by Company (the “Service”). As used herein, “Managed Infrastructure” means the cloud-based infrastructure provided by Company through Third-Party Providers on which your applications and data are hosted.

The Service is being offered to you by Company. However, we may utilize third party development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”), including, without limitation, GitHub, Supabase, and Vercel, who may assist in the development, hosting, operation, distribution, marketing, provision, publication or exploitation of the Service or otherwise make available their third party software, products, or Service. Our Third Party Providers each operate independently and we are not responsible for their actions or inactions or for their materials, software, products, or Service, as further detailed herein.

By accessing or using the Service in any way or clicking on the “I Accept” or similar button, you represent and warrant that: (i) you have read and understand these Terms of Service, (ii) you accept without modification and agree to be bound by these Terms of Service (iii) you are of legal age to form a binding contract with Company, and (iv) you have the authority to enter into and agree to these Terms of Service personally or on behalf of the company, entity, or organization (“Subscribing Organization”) you have designated as the user of the Service, to bind that Subscribing Organization to these Terms of Service and to grant the licenses set forth herein. In addition, we require your express acceptance to these Terms of Service when you register an account to access and use the Service.

If you do not agree to be bound by these Terms of Service, or if you are below the age of legal majority where you reside, then you are not permitted to access or use the Service or register for access or use of the Service. Accordingly, if you do not agree to these Terms of Service do not access or otherwise use any of the Service.

THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION (SEE SECTION 14) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Your use of certain portions of the Service may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control solely with respect to your use of such Service. The Terms of Service and any applicable Supplemental Terms are collectively referred to herein as the “Terms of Service.”

If you are an enterprise level client and have entered into a separate enterprise agreement with Company, the terms of that agreement will supersede and control to the extent of any conflict with these Terms of Service.

You agree that the form and nature of the Service may change without prior notice or liability to you and that future versions of the Service may be incompatible with content and data created on previous versions of the Service. You further agree that Company may stop (permanently or temporarily) providing all or any portion of the Service (or any features thereof) to you or to users generally at Company’s sole discretion, without prior notice or liability to you. We may amend any of the terms of these Terms of Service by posting the amended terms. If you do not agree to any such change(s), you must stop using the Service. Your continued use of the Service after the effective date of the revised Terms of Service constitutes your acceptance of the terms, as revised. PLEASE REGULARLY CHECK THE SERVICE TO VIEW THE THEN-CURRENT TERMS OF SERVICE. For example, we may make changes to these Terms of Service or Service due to: (i) changes to the law or regulatory requirements, (ii) security or safety reasons, (iii) circumstances beyond our reasonable control, (iv) changes we make in the usual course of developing our Service, or (v) to adapt to new technologies.

You agree that Company is not obligated to provide any maintenance, technical or other support for the Service. However, you may ask us any questions by contacting us at support@generalintelligencecompany.com.

The Service is not available to persons under the age of legal majority in your jurisdiction of residence.

The Service is also not available to any users previously removed from the Service by Company or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

Certain portions of our Service may not be available in all jurisdictions, and such availability is subject to change without notice.

BY REGISTERING FOR AN ACCOUNT OR OTHERWISE USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICE.

Please see our Privacy Policy found at wrk.inc/privacy-policy for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Service. The Service is subject to the Privacy Policy and by using the Service, you consent to our collection, use, and sharing of your information as set forth therein.

You must first register with us and create an account (“User Account”) in order to access the Service. You agree that you will supply accurate information, and that you will update that information promptly if it changes. Company reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information. Multiple accounts may not be created sharing the same name, email, credit card or payment processing account(s).

You are solely responsible for maintaining the confidentiality of your User Account, your password and for restricting access to your computer. If you permit others to use your User Account credentials, you agree to these Terms of Service on behalf of all other persons who use the Service under your User Account or password, and you are responsible for all activities that occur under your User Account or password. If you become aware of any unauthorized use of your data or User Account for the Service, you agree to notify us immediately at support@generalintelligencecompany.com.

Unless expressly permitted in writing by Company, you may not sell, rent, lease, share, distribute or provide access to your account or our Service to anyone else, including without limitation, charging anyone for access to administrative rights on your account, or allowing a third party to use your account and the Service. Company reserves all available legal rights and remedies to prevent unauthorized use of the Service, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF COMPANY.

By creating a User Account or signing up for Service, you understand and consent to us sending you (including but not limited to via email, SMS text messaging, and/or in-app messaging) information regarding the Service, such as: (i) notices about your use of the Service; (ii) updates to the Service and new features or products; (iii) administrative messages and other information; and (iv) advertising, marketing, and other materials regarding Company’s products and Service. Please review your settings in your User Account to control the service notifications you receive from us. You may unsubscribe from commercial content at any time by emailing us at support@generalintelligencecompany.com.

In using our Service, you may not:

• Act in a deceptive manner or impersonate any person or organization;
• Distribute “spam” in any form or use misleading metadata;
• Collect personal information about others without their authorization;
• Access another’s account except as permitted herein;
• Use or export any of our Service in violation of any U.S. law;
• Except as permitted by us in writing, act in a manner that would subject Company to industry-specific privacy regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA);
• Engage in any unlawful activity;
• Breach this Agreement;
• Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
• Use the Service for comparative analysis, benchmarking or to build a competing service;
• Access, download, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Service or any content except as expressly authorized by the Service or with our prior written permission;
• Access the Service using any automated means (such as robots, botnets, or scrapers) except (1) using our APIs, and the related documentation, (2) in the case of public search engines, in accordance with our robots.txt file; or (3) with our prior written permission;
• Attempt to circumvent any of our security, rate-limiting, filtering, digital rights management measures, or other access restrictions;
• Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Service or any output thereof without our permission;
• Submit any malicious program, script, or code;
• Submit an unreasonable number of requests to our servers; or
• Take any other actions to manipulate, interfere with, or damage our Service.

The Service is a platform that utilizes artificial intelligence agents to perform engineering, product development, customer support, sales, and other business functions on Customer’s behalf. The Service includes Managed Infrastructure on which Customer’s applications are built, deployed, and operated.

By using the Service, you may authorize Artificial Intelligence (“AI”) agents to perform Agent Actions on your behalf within the scope of the features you have enabled. You may configure the scope of authorized Agent Actions through the Service’s interface. As used herein, “Agent Actions” means actions performed by artificial intelligence agents on your behalf through the Service, including but not limited to deploying code, modifying infrastructure configurations, generating and sending communications, managing support interactions, processing data, and executing financial transactions.

You acknowledge that Agent Actions are performed autonomously and may produce errors, unexpected results, or unintended consequences. Agent Actions may include, without limitation:

• Generating, modifying, and deploying code to production environments
• Creating, modifying, and deleting database records and schemas
• Sending emails, messages, and other communications to third parties
• Responding to customer support inquiries
• Processing payment transactions
• Modifying infrastructure configurations
• Creating, reviewing, and merging pull requests

You further acknowledge and agree that artificial intelligence and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, use of the Service may, in some situations, result in a response or output that does not accurately reflect real people, places, or facts. You further understand that Agent Actions are autonomous and may produce unintended results, including errors in code, infrastructure misconfigurations, inaccurate communications, and incorrect financial transactions. You assume all risk and sole responsibility for any and all consequences arising from Agent Actions, whether or not you have reviewed or approved such actions. Company bears no liability for the outputs, consequences, or effects of Agent Actions under any circumstances.

By connecting repositories or projects to the Service, you acknowledge and accept that Agent Actions — including automated code merging, deployment, and infrastructure modifications — may occur without prior human review. You assume full responsibility for all consequences arising from Agent Actions, including errors, security vulnerabilities, service disruptions, or data loss. You may reduce risk by disabling certain automated Agent Actions through the Service’s interface and/or by reviewing all Agent Actions.

You are solely responsible for including implementing reasonable practices and human oversight to guard against outputs being used in an unsuitable or unlawful way or in violation of the rights of others.

Company provides Managed Infrastructure through Third Party Providers for hosting Customer’s applications, databases, and related services. While using our Service, you may connect with and/or interact with Third-Party Providers including, without limitation, payment processing providers, data processing and visualization providers, and customer service specialists. When accessing or linking any Service, you will at all times be subject to such Third Party Providers’ terms of service and privacy policies.

The Service may integrate with the Third Party Providers to facilitate payment transactions on Customer’s behalf. Customer is the merchant of record for all transactions processed through the Service and is solely responsible for all obligations arising from such transactions, including but not limited to chargebacks, refunds, disputes, tax collection, tax remittance, and compliance with applicable payment network rules. Company acts solely as a technology platform facilitating the integration between Customer and the Third Party Providers. Company does not receive, hold, or transmit Customer funds. Company shall not be liable for any errors in payment amounts, failed transactions, unauthorized charges, or any other payment-related issues, except to the extent directly caused by a material defect in Company’s software.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS NO CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY PROVIDERS TERMS OF SERVICE, PRIVACY POLICY, OR RELATED POLICIES AND PRACTICES – INCLUDING WITHOUT LIMITATION POLICIES AND PRACTICES RELATING TO THE COLLECTION, STORAGE, AND USE OF YOUR PERSONAL INFORMATION – EVEN IF COMPANY INCORPORATES, LINKS TO, RELIES ON, OFFERS, FEATURES, AND/OR OTHERWISE FACILITATES ACCESS TO THE OFFERINGS AND SERVICE OF SUCH THIRD PARTY PROVIDERS. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE COMPANY AND HOLD COMPANY HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY PROVIDERS’ OFFERINGS, SERVICE, MATERIALS, TERMS OF SERVICE, PRIVACY POLICY, AND/OR RELATED POLICIES AND PRACTICES. YOU FURTHER ACKNOWLEDGE THAT COMPANY STRONGLY RECOMMENDS THAT, FOR ALL THIRD-PARTY OFFERINGS, SERVICE, AND MATERIALS YOU ENCOUNTER IN CONNECTION WITH OUR PRODUCTS AND SERVICE, YOU CAREFULLY REVIEW ALL APPLICABLE TERMS OF SERVICE, PRIVACY POLICIES, AND RELATED POLICIES AND PRACTICES PRIOR TO ACCESSING, USING, AND/OR INTERACTING WITH SUCH OFFERINGS, SERVICE, AND MATERIALS.

COMPANY DOES NOT MAKE ANY WARRANTY, REPRESENTATION, GUARANTEE, RECOMMENDATION, REFERRAL, OR OPINION REGARDING ANY THIRD-PARTY PROVIDER’S QUALIFICATIONS, CREDENTIALS, LICENSING, QUALITY OF WORK, CORRECTNESS OF OPINION, OR SOUNDNESS OR APPLICABILITY OF ADVICE.

YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE COMPANY AND HOLD COMPANY AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY PROVIDER’S ACTS, OMISSIONS, COMMUNICATIONS, ADVICE, DELAYS, SERVICE, MATERIALS, AND/OR OFFERINGS.

You agree to pay the fees and deposits applicable to you as displayed on our current pricing page at wrk.inc/pricing, which displays our Service and pricing tiers and/or as agreed upon by you on the applicable Order Page when you purchase the Service, as well as any other fees applicable to you in connection with the Service (“Fees”). You agree that if you exceed any contractual usage limits, you will pay the applicable additional Fees at then-current applicable rates covering such overages and variable usage and/or excess usage.

Certain Service are provided on a subscription basis for a set term designated on the applicable Order Page (each, a “Subscription Term”). Unless otherwise specified on the applicable Order Page, each Subscription Term shall automatically renew for the same period as the then-current Subscription Term unless either party gives the other written notice of termination at least seven (7) days prior to expiration of the then-current Subscription Term (e.g., monthly paid subscriptions will automatically roll over month-to-month and annual paid subscriptions will automatically renew for additional 12-month periods). If you do not cancel your subscription or terminate your User Account during the renewal period, we will charge you for any renewal term upon the applicable anniversary of a Subscription Term. Note that under an annual paid subscription, you will not be permitted to cancel or downgrade the paid subscription you have selected until the renewal period above when you may provide written notice to terminate before the automatic renewal for a successive term.

Subscription fees are billed in advance on a monthly or annual basis, as selected by Customer. Usage-based charges are billed in arrears.

Company reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service (e.g. during a Subscription Term), we agree that the Fee will remain in force for that duration. Upon renewal, your use of the Service will be charged at the then-current Fee(s). If you don’t agree to these changes, you must stop using the Service and cancel through the User Account settings within the Service or by contacting us at support@generalintelligencecompany.com. (with cancellation confirmation from a Company representative). If you cancel, your Service ends at the end of your current Service period/ Subscription Term or payment period, and no refunds for previously paid Service will be issued.

We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the Service. All Fees shall be paid in US Dollars. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less. All fees are exclusive of taxes. Customer is responsible for all applicable taxes, except for taxes based on Company’s net income.

The Service are owned and operated by Company. Unless otherwise expressly indicated herein, the Service and all content and materials therein, are protected by relevant intellectual property and proprietary rights and laws and are the property of Company or its subsidiaries or affiliated companies and/or third-party licensors and, except as otherwise expressly indicated herein, all legal right, title and interest in and to the Service and all content and materials therein (except for the Content and information uploaded by the users), including any and all Intellectual Property Rights thereto, are vested in Company. “Intellectual Property Rights” mean any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.

Unless otherwise expressly stated in writing by Company, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Service for your personal use or internal business use only. Company reserves all rights not expressly granted in these Terms of Service.

The Company logos, and any other product or service name, logo, or slogan used by Company, and the look and feel of the Service, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Company, and may not be used in whole or in part in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company, without our prior written permission.

All other trademarks referenced in the Service are the property of their respective owners. Reference on the Service to any products, Service, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

You retain all right, title, and interest in and to Customer Data. Company’s provision of agents, infrastructure, tools, or any other aspect of the Service does not create any joint ownership, work-for-hire relationship, or assignment of rights in Customer Data. Further, Company does not claim any intellectual property rights in Customer’s code, applications, or other materials created through the Service. Customer represents and warrants that it has all rights, licenses, and permissions needed to provide Customer Data. As used herein, “Customer Data” means all code, data, databases, configurations, environment variables, domain settings, and other materials created, uploaded, or generated through Customer’s use of the Service. You hereby grant Company the worldwide, terminable, sublicensable right and license to use, access, store, process the Customer Data in order to provide the Service to you.

The foregoing notwithstanding, Company may collect anonymized and aggregated data derived from Customer’s use of the Service for the purposes of improving, developing, and maintaining the Service (“Aggregated Data”). Company shall not reverse-engineer, re-identify, or attempt to attribute Aggregated Data to any individual Customer.

If you send us suggestions, ideas, notes, drawings, concepts, feedback or other information regarding our Service (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of Company in perpetuity. By making any Submission, you automatically grant Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Company chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. You further waive all so-called “moral rights” in all Submissions as well as the right to make any claims against Company relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

Subject to the terms and conditions of these Terms of Service, including Section 7, you may terminate the Service and your User Account by sending an email to support@generalintelligencecompany.com or by following the prompts for termination within the Service.

To the fullest extent permitted by applicable law, Company reserves the right, without notice and in our sole discretion, to suspend or terminate your license to access and use the Service, to delete your User Account, and to block or prevent your future access to and use of the Service, including without limitation where we reasonably consider that: (i) your use of the Service violates these Terms of Service, any usage policy, or applicable law; (ii) you fraudulently use or misuse the Service; (iii) your use of our Service could cause risk or harm to Company; or (iv) we are unable to continue providing the Service to you due to technical or legitimate business reasons. The foregoing sentence includes the ability of Company to terminate or to suspend your access to the Service under any Paid Subscriptions, Unpaid Subscriptions, or during any Trial Period. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (a) the Service, (b) any term of these Terms of Service, (c) any policy or practice of Company in operating the Service, or (d) any content or information transmitted through the Service, is to terminate your account and to discontinue use of any and all parts of the Service.

Upon termination of Customer’s account for any reason, Company shall make Customer Data available for export for a period of thirty (30) days following the effective date of termination (“Grace Period”). During the Grace Period, Customer may access the Service solely for the purpose of exporting Customer Data. Following the Grace Period, Company shall delete all Customer Data from its systems within thirty (30) days, except as required by applicable law or as necessary to enforce Company’s rights under this Agreement.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Company, its affiliated companies, and each of our respective Third Party Providers, contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Indemnified Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Service, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Indemnified Parties of any third-party claim, and Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company’s defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) THE SERVICE AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, DEFECTS, AND ERRORS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (II) COMPANY DOES NOT REPRESENT OR WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT OR MATERIALS ON THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (IV) COMPANY DOES NOT MAKE ANY WARRANTY OF ANY KIND THAT THE SERVICE OR ANY OTHER PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON OR ENTITY’S EXPECTATIONS OR REQUIREMENTS, ACHIEVE OR OBTAIN ANY PARTICULAR OR INTENDED RESULT, OR BE COMPATIBLE OR WORK WITH ANY WEBSITE, PLATFORM, SYSTEM, OR OTHER SERVICE; (V) COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (VI) COMPANY DOES NOT REPRESENT OR WARRANT THAT IT WILL PRESERVE OR MAINTAIN THE SOURCE ACCESS INFORMATION, INPUT, OUTPUT, CONTENT, OR OTHER USER DATA WITHOUT LOSS. USE OF THE SERVICE IS AT YOUR OWN RISK AND MAY RESULT IN LOSS OR CORRUPTION OF DATA OR OTHER UNINTENDED CONSEQUENCES.

COMPANY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF COMPANY, INCLUDING INACCESSIBILITY OF THE SOURCES, USER DATA, OR THE SOURCE ACCESS INFORMATION.

THE INDEMNIFIED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DATA OR CONTENT PROVIDED BY OR ON BEHALF OF YOU OR ANY THIRD PARTIES, NOR SHALL THE INDEMNIFIED PARTIES HAVE ANY OBLIGATION TO REVIEW ANY DATA OR CONTENT PROVIDED BY OR ON BEHALF OF YOU OR ANY THIRD PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE SOURCE ACCESS INFORMATION AND USER DATA PROVIDED BY YOU AND/OR YOUR SELECTED SOURCES. COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY THEREOF AND COMPANY SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION THEREWITH.

COMPANY CANNOT GUARANTEE THAT SECURITY MEASURES WILL BE ERROR-FREE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WILL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS OR MALICIOUS ACTORS. IN NO EVENT SHALL COMPANY BE RESPONSIBLE FOR ANY DECISIONS OR ACTIONS TAKEN (OR NOT TAKEN) BY YOU BASED UPON USE OF THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL COMPANY OR THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICE; AND (II) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100 USD), WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, COMPANY SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THE SERVICE, INFORMATION, MATERIALS, AND OTHER CONTENT AND DATA (INCLUDING THE AVAILABILITY OF CONTENT), SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

UNDER CALIFORNIA CIVIL CODE SECTION 1542, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WITH RESPECT TO ANY ALL MATTERS ARISING OUT OF, RELATING TO, AND/OR CONCERNING COMPANY, OUR SERVICE, OUR PRODUCTS, YOUR PERSONAL INFORMATION, THESE TERMS, AND/OR ANY OTHER AGREEMENT BETWEEN YOU AND COMPANY. IF YOU ARE A RESIDENT OF A STATE AND/OR JURISDICTION WITH LEGAL PROVISIONS OR PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE ALL SUCH PROVISIONS AND PROTECTIONS WITH RESPECT TO ANY ALL MATTERS ARISING OUT OF, RELATING TO, AND/OR CONCERNING COMPANY, OUR SERVICE, OUR PRODUCTS, YOUR PERSONAL INFORMATION, THESE TERMS, AND/OR ANY OTHER AGREEMENT BETWEEN YOU AND COMPANY.

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section below. Any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, Company may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which Company or its assigns may be entitled under these Terms of Service or applicable law, in the event of any actual or threatened breach of these Terms of Service by you or on your behalf, Company would be irreparably damaged if these Terms of Service were not specially enforced and, as such, you agree that Company shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of Company’s products or Service. To the full extent permitted by law: (I) no arbitration shall be joined with any other; (II) there is no right or authority for any claim related to these Terms of Service or Company’s products or Service to be arbitrated on a class action basis or to utilize class action procedures; and (III) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of New York, excluding conflict of law rules and principles.

YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver. If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

Severability. If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Notice. In accordance with provisions in this Terms of Service requiring Company to give notice to you, we will do so by means of a general notice on our website or electronic mail to your email address on record in your User Account (if you have created a User Account), the choice of which being at our discretion. Any provisions in this Agreement requiring you to give notice to Company can be done so by means of email to: support@generalintelligencecompany.com

Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

Survival. Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 4-15.

Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send notice to the address below. We may delete or disable content that we believe violates these Terms of Service or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

WRK, Inc., Dürrenäsch, Aargau, Switzerland 10016, USA

support@generalintelligencecompany.com

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed upon
• A description of where the allegedly infringing material is located on our site so we can find it
• Your address, telephone number, and e-mail address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf

Entire Agreement. The Terms of Service is the entire agreement between you and Company relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Company as set forth herein.