Terms of Service
These Terms of Service (the "Terms") are a binding agreement between you and Consecrated Tech LLC, a Georgia limited liability company doing business as Workpane ("Workpane", "we", "us"). They govern your use of the Workpane software, websites, mobile experiences and related services (together, the "Service"). By creating a workspace, clicking to accept, or using the Service, you agree to these Terms. If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" means that entity.
Please read Sections 10 through 13 carefully. They limit our liability, disclaim warranties, require you to indemnify us, and require individual arbitration of disputes.
1. The Service and the beta
Workpane is a work-management tool for teams: sites, Work, tasks, photos, notes, messages, roles and reports. We may add, change or remove features at any time.
Beta. While the Service is marked as a beta or early-access release, it is provided for evaluation. Beta features may be incomplete, may change without notice, may be withdrawn, and may contain errors. We may limit who can use the beta, may reset or remove beta workspaces, and make no commitment that beta data will be carried forward. You use the beta at your own risk and agree that Sections 10 and 11 apply in full to it.
2. Accounts and your responsibilities
You must be at least 18 years old and able to form a binding contract. You are responsible for everything done through your account and workspace, including by the people you invite. Keep your password confidential, use a password that is not on public leak lists, and tell us promptly at the address in Section 15 if you believe an account has been compromised. We are not liable for loss caused by unauthorized use of your account.
If you choose to keep a password that the Service has told you appears on a public list of leaked passwords, you accept the risk of doing so.
The workspace administrator controls who is in a workspace, what each role can see and do, and what data the workspace holds. We act on the instructions of workspace administrators and are not responsible for how a workspace is configured or who it admits.
3. Your data
You own it. Everything you and your users put into the Service (tasks, notes, photos, files, messages, names, "Customer Data") stays yours. You grant us a worldwide, non-exclusive license to host, store, copy, transmit, display and process Customer Data only as needed to provide, secure, support and improve the Service, and as described in our Privacy Policy.
You are responsible for it. You represent that you have the rights and consents needed to put Customer Data into the Service, including any photos of people or property and any personal information of your workers, clients or contacts, and that Customer Data does not violate law or anyone's rights.
Backups and export. We make regular backups for disaster recovery, but they are not a substitute for your own. You can export your data from the Service and should keep your own copies. After an account is closed, we may delete Customer Data after a reasonable period, as described in the Privacy Policy, and have no obligation to keep it.
Security. We use reasonable administrative, technical and physical measures to protect Customer Data. No system is perfectly secure, and we do not guarantee that unauthorized access will never occur.
4. Acceptable use
You will not, and will not let anyone else: (a) use the Service to break the law or infringe anyone's rights; (b) upload malicious code or content that is unlawful, harassing, or that you lack rights to; (c) probe, scan, overload or attack the Service or try to get around its security or access controls, including rate limits and the sign-in gate; (d) access another customer's workspace or data; (e) resell, sublicense or offer the Service to third parties as a service of your own without a written agreement with us; (f) copy, modify, reverse engineer or create derivative works of the Service except to the extent the law forbids that restriction; (g) use automated means to scrape the Service beyond our published API; or (h) use the Service to build a competing product. We may investigate suspected violations and may remove content or suspend access.
5. Plans, billing and refunds
Trial and Free plan. New workspaces get a free trial with no card required. When it ends, the workspace moves to a Free plan with limits, and keeps its data readable. Features, limits and the length of the trial are described on our pricing page and may change.
Paid plans. Paid plans are billed per seat, monthly or annually in advance, at the prices shown when you subscribe. Seat counts are measured by the roles and people in your workspace. Adding people may raise the next charge; removing them lowers it, prorated where we say so. Prices may change with at least 30 days' notice, taking effect at your next renewal. Taxes are your responsibility unless we are required to collect them.
Payments. Payments are processed by Stripe. We do not see or store your full card details. You authorize us and Stripe to charge your payment method for all fees due, and to retry failed charges. If a charge fails and is not fixed after notice, we may downgrade the workspace to the Free plan.
Cancellation and refunds. You may cancel at any time from your billing settings; the plan stays active until the end of the paid period and does not renew. Fees are non-refundable, including for partial periods, unused seats or downgrades, except where the law requires a refund or where we choose, at our sole discretion, to give one. If you believe you were charged in error, contact us within 30 days of the charge.
6. Changes, suspension and termination
We may change these Terms. For material changes we will give notice in the Service or by email at least 14 days before they take effect; continued use after that is acceptance. We may suspend or restrict access immediately if we reasonably believe there is a security risk, a violation of Section 4, an unpaid balance, or a legal requirement. You may stop using the Service at any time. We may end the Service or your access with 30 days' notice, or immediately for cause. On termination, your right to use the Service ends; Sections 3, 7, 8 and 10 through 14 survive.
7. Our intellectual property
The Service, including its software, design, text, graphics, look and feel, and the Workpane name and logo, is owned by us or our licensors and is protected by copyright, trademark and other laws. Except for the limited right to use the Service under these Terms, no rights are granted to you. "Workpane" and the W mark are our trademarks; you may not use them without written permission.
8. Feedback
If you send us ideas, suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you. We may use beta testers' feedback to shape the product and will not identify you publicly without consent.
9. Third-party services
The Service relies on third-party providers, including Cloudflare (network and security), Postmark (email) and Stripe (payments), and may link to or integrate with services you choose to connect. Those services are governed by their own terms, and we are not responsible for them.
10. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DATA WILL NOT BE LOST. YOU ARE RESPONSIBLE FOR DECISIONS MADE AND WORK PERFORMED IN RELIANCE ON THE SERVICE, INCLUDING SAFETY, SCHEDULING AND COMPLIANCE DECISIONS AT ANY JOB SITE.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL WE, OUR MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR FIFTY U.S. DOLLARS ($50). THESE LIMITS APPLY TO THE FREE PLAN AND THE BETA, FOR WHICH THE AMOUNT PAID IS ZERO. SOME JURISDICTIONS DO NOT ALLOW SOME OF THESE LIMITS; IN THAT CASE THEY APPLY TO THE GREATEST EXTENT ALLOWED.
12. Indemnification
You will defend, indemnify and hold harmless us and our members, managers, employees, contractors and providers from and against all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Data; (b) your or your users' use of the Service; (c) your breach of these Terms or of law; or (d) any dispute between you and your workers, clients, contractors or other third parties. We may take over the defense of any such claim at your expense, and you will not settle a claim that imposes obligations on us without our written consent.
13. Disputes, arbitration and governing law
Talk first. Before starting any formal dispute, you agree to email us at the address in Section 15 with a description of the problem and to try in good faith to resolve it with us for 30 days.
Binding arbitration. Any dispute, claim or controversy arising out of or relating to the Service or these Terms that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator, in Paulding County, Georgia, or by video, with the award enforceable in any court of competent jurisdiction. The Federal Arbitration Act governs this Section. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.
No class actions. Disputes will be resolved only on an individual basis. You and we each waive any right to a jury trial and to participate in a class, collective or representative action. If this waiver is found unenforceable for a particular claim, that claim will proceed in court, not arbitration.
Governing law and venue. These Terms are governed by the laws of the State of Georgia and applicable U.S. federal law, without regard to conflict-of-laws rules. For any matter not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Paulding County, Georgia.
Time limit. Any claim must be brought within one year after it arises, or it is permanently barred.
14. General terms
These Terms, with the Privacy Policy and any order or plan you accept, are the entire agreement between you and us about the Service and replace all earlier agreements. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or a successor. We are not liable for delay or failure caused by events beyond our reasonable control, including outages at our providers, internet failures, power loss, labor disputes, or acts of government or nature. The Service is operated from the United States; you are responsible for compliance with local laws where you use it, and you may not use it where U.S. export or sanctions law forbids. Notices to you may be sent to the email on your account; notices to us go to the address in Section 15. There are no third-party beneficiaries of these Terms.
15. Contact
Consecrated Tech LLC, doing business as Workpane
80 Seven Hills Blvd, Ste 101, PMB 286
Dallas, Georgia 30132
[email protected]