Terms of Service

Welcome to WorkSync. These Terms of Service ("Terms") govern your access to and use of the software platforms, consulting services, websites, and related offerings provided by WorkSync, Inc. ("WorkSync," "we," "our," or "us"), including WellOPS, PipelineOPS, FlowSync, and any associated modules or applications (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Definitions

• "Account" means the user account created to access the Services.
• "Client" or "You" means the individual or entity accessing or using the Services.
• "Client Data" means any data, information, or content uploaded, submitted, or transmitted by or on behalf of the Client through the Services.
• "Services" means the WorkSync software platforms, APIs, documentation, consulting services, and any related offerings.
• "Subscription" means the period during which the Client has paid access to the Services under an applicable order or agreement.
• "Authorized Users" means individuals permitted by the Client to access and use the Services under the Client's account.

2. License Grant

Subject to your compliance with these Terms and payment of all applicable fees, WorkSync grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your Subscription period solely for your internal business operations. This license does not include the right to sublicense, resell, distribute, or make the Services available to any third party except Authorized Users.

WorkSync reserves all rights not expressly granted herein. No rights are granted by implication, estoppel, or otherwise.

3. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services in any manner that violates applicable laws, regulations, or industry standards.
• Attempt to gain unauthorized access to the Services, other accounts, or any related systems or networks.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services.
• Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
• Use the Services to transmit any malware, viruses, or other harmful code.
• Use automated means (bots, scrapers, etc.) to access the Services except through approved APIs.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Services.

WorkSync reserves the right to suspend or terminate access for any violation of these restrictions.

4. Intellectual Property

The Services, including all software, algorithms, models, interfaces, documentation, trademarks, and content, are and remain the exclusive property of WorkSync and its licensors. Nothing in these Terms transfers any ownership rights to you.

You retain all rights, title, and interest in your Client Data. By using the Services, you grant WorkSync a limited license to process, store, and display Client Data solely as necessary to provide the Services. WorkSync may use de-identified or aggregated data to improve its products, algorithms, and benchmarking capabilities, provided such data does not identify you or any individual.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKSYNC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL WORKSYNC'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO WORKSYNC DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Indemnification

You agree to indemnify, defend, and hold harmless WorkSync, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any Client Data you submit through the Services.

7. Termination

Either party may terminate these Terms upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of receiving written notice. WorkSync may also suspend or terminate your access immediately if you violate the Acceptable Use provisions or if continued use poses a security risk.

Upon termination, your license to use the Services will immediately cease. WorkSync will make Client Data available for export for a period of thirty (30) days following termination, after which it may be deleted. Sections relating to Intellectual Property, Limitation of Liability, Indemnification, and Governing Law shall survive termination.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of such courts.

9. Changes to These Terms

WorkSync reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a revised "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Services.

10. Contact

If you have questions or concerns regarding these Terms of Service, please contact: