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Text Content

Blog
Open Menu
 * Scheduling & MoreUp
   
   
    * EMPLOYEE SCHEDULING
      
      Build the schedule in minutes and share it instantly to make shift
      management easier.
   
   
    * TIME CLOCK
      
      Turn any device into a time clock that tracks attendance, breaks, and time
      off.
   
   
    * TEAM MESSAGING
      
      Communicate with everyone on the team, all in one place, without sharing
      phone numbers.
   
   
    * TIMESHEETS
      
      Make payroll faster, easier, and more reliable with integrated, online
      timesheets.
   
    * Pricing & Signup
    * Enterprise Solutions
   
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EASY TERMS. GREAT SERVICE.


TERMS OF SERVICE

Terms of Service

Welcome to wheniwork.com, the website and online service of When I Work, Inc.
(“When I Work,” “WIW,” “we,” or “us”). This page explains the terms by which you
may use our online and/or mobile services, web site, and software provided on or
in connection with the service (collectively the “Service”).

By accessing or using the Service, or by clicking “I Agree,” or otherwise
affirming your intent to be bound by this Agreement, you signify that you have
read, understood, and agree to be bound by this Terms of Use Agreement
(“Agreement”) and to the collection and use of your information as set forth in
the When I Work’s Privacy Policy, located at https://wheniwork.com/privacy,
whether or not you are a registered user of our Service. You can review the most
current version of the Terms of Service at any time
at: https://wheniwork.com/terms.

When I Work reserves the right to make unilateral modifications to these terms
and will provide notice of these changes as described below. Any new features
that augment or enhance the current Service, including the release of new tools
and resources, shall be subject to this Agreement. This Agreement applies to all
visitors, users, and others who access the Service, whether on behalf of a
company or on their own individual behalf (“Users”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH
PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS
ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

If you are an employer, company, organization, or other entity, who purchased a
subscription to the WIW Service from a third party authorized by WIW to sell
such subscriptions (“Reseller”), then in addition to any terms and conditions
related to your use of the Service pursuant to any agreement between you and the
Reseller, this Agreement contains the terms and conditions that govern your
access to and use of the Service.  You expressly acknowledge and agree that (a)
WIW shall have the right to enforce this Agreement against you; and (b) with
respect to your access to and use of the Service, this Agreement supersedes any
and all agreements between you and the Reseller.

1. Use of Our Service

A. Eligibility

This is a contract between you and When I Work. You must read and agree to these
terms before using the Service. If you do not agree, you may not use the
Service. You may use the Service only if you can form a binding contract with
When I Work, and only in compliance with this Agreement and all applicable
local, state, national, and international laws, rules and regulations.

Any use or access to the Service by anyone under 13 is strictly prohibited and
in violation of this Agreement. Any use of or access to the Service by anyone
under 18 is only permitted with the express written permission of such
individual’s legal guardian, and, if necessary, you represent and warrant that
you have received such permission. The Service is not designed for use by or in
connection with anyone under the age of 18, and you accept all responsibility
that may arise from your use of the Service in connection with any minors. The
Service is not available to any Users previously removed from the Service by
When I Work.

The Service is designed for use by employers, employees and individuals in the
United States, except for those other countries expressly supported for the
onboarding function as reflected in the Service. Other than for expressly
supported international onboarding, you are not authorized to use the other
features of the Service for employees not located in the United States.

B. When I Work Service

Subject to the terms and conditions of this Agreement, you are hereby granted a
non-exclusive, limited, non-transferable, freely revocable license to use the
Service solely as permitted by the features of the Service, which may vary by
User. We reserve all rights not expressly granted herein in the Service and the
WIW Content (as defined below). We may terminate this license or your access to
the Service at any time for any reason or no reason.

C. When I Work Accounts

Your When I Work account gives you access to the services and functionality that
we may establish and maintain from time to time and in our sole discretion. We
may maintain different types of accounts for different types of Users. If you
open a When I Work account on behalf of a company, organization, or other
entity, then (a) “you” includes you and that entity, and (b) you represent and
warrant that you are an authorized representative of the entity with the
authority to bind the entity to this Agreement, and that you agree to this
Agreement on the entity’s behalf. By connecting to When I Work with a
third-party service, you give us permission to access and use your information
from that service as permitted by that service, and to store your log-in
credentials for that service.

You acknowledge and agree that if you are opening a When I Work account or
otherwise using the Service as or on behalf of an employer company, organization
or other entity, your employees who open employee accounts must and do
separately agree to be bound by this Agreement.

You may never use another User’s account without permission. When creating your
account, you must provide accurate and complete information, and you must keep
this information up to date. You are solely responsible for the activity that
occurs on your account, and you must keep your account password secure. We
encourage you to use “strong” passwords (passwords that use a combination of
upper and lower case letters, numbers and symbols) with your account. You must
notify When I Work immediately of any breach of security or unauthorized use of
your account. When I Work will not be liable for any losses caused by any
unauthorized use of your account.

You may control your User profile and how you interact with the Service by
changing the settings on your Profile Settings page. By providing When I Work
with your email address and/or mobile number, you consent to our using the email
address and/or mobile number to send you Service-related notices, including any
notices required by law, in lieu of communication by postal mail. We may also
use your email address and/or mobile number to send you other messages, such as
changes to features of the Service and special offers. If you do not want to
receive such email messages, you may opt out or change your preferences in your
Profile Settings page. Opting out may prevent you from receiving email messages
regarding updates, improvements, or offers.

D. Service Rules and Restrictions

You agree not to engage in any of the following prohibited activities: (i)
copying, distributing, or disclosing any part of the Service in any medium,
including without limitation by any automated or non-automated “scraping”; (ii)
using any automated system, including without limitation “robots,” “spiders,”
“offline readers,” etc., to access the Service in a manner that sends more
request messages to the When I Work servers than a human can reasonably produce
in the same period of time by using a conventional on-line web browser (except
that When I Work grants the operators of public search engines revocable
permission to use spiders to copy publicly available materials from
wheniwork.com for the sole purpose of and solely to the extent necessary for
creating publicly available searchable indices of the materials, but not caches
or archives of such materials); (iii) uploading, posting, hosting, or
transmitting spam, chain letters, SMSs or other unsolicited email or messages;
(iv) attempting to interfere with, compromise the system integrity or security
or decipher any transmissions to or from the servers running the Service; (v)
taking any action that imposes, or may impose at our sole discretion an
unreasonable or disproportionately large load on our infrastructure; (vi)
uploading invalid data, viruses, worms, or other software agents or any code of
a destructive nature through the Service; (vii) collecting or harvesting any
personally identifiable information, including account names, from the Service;
(viii) using the Service for any commercial solicitation purposes; (ix)
impersonating another person or otherwise misrepresenting your affiliation with
a person or entity, conducting fraud, hiding or attempting to hide your
identity; (x) interfering with the proper working of the Service; (xi) accessing
any content on the Service through any technology or means other than those
provided or authorized by the Service; (xii) bypassing the measures we may use
to prevent or restrict access to the Service, including without limitation
features that prevent or restrict use or copying of any content or enforce
limitations on use of the Service or the content therein; (xiii) verbally,
physically or other abuse (including threats of abuse or retribution) of any
other User or any When I Work customer, employee, member, or officer; (xiv)
reproducing, duplicating, copying, selling, reselling or otherwise exploiting
any portion of the Service, use of the Service, or access to the Service without
the express written permission by When I Work; or (xv) modifying, adapting or
hacking the Service or modifying another website so as to falsely imply that it
is associated with the Service, When I Work, or any other When I Work service.

BY USING THE SERVICE YOU REPRESENT AND WARRANT UNDER PENALTY OF PERJURY THAT (I)
YOU DO NOT WORK FOR A COMPETITOR OF THE COMPANY; AND (II) THAT YOU WILL NOT
PROVIDE ANY INFORMATION GAINED FROM YOUR USE OF OR ACCESS TO THE SITE OR THE
SERVICES TO A COMPETITOR OF THE COMPANY.

We may, without prior notice, change the Service; stop providing the Service or
features of the Service, to you or to Users generally; or create usage limits
for the Service. We may permanently or temporarily terminate or suspend your
access to the Service without notice and liability for any reason, including if
in our sole determination you violate any provision of this Agreement, or for
any or no reason. Upon termination for any reason or no reason, you continue to
be bound by this Agreement.

You are solely responsible for your interactions with other When I Work Users.
We reserve the right, but have no obligation, to monitor disputes between you
and other Users. We shall have no liability for your interactions with other
Users, or for any User’s action or inaction.

2. User Content

Some areas of the Service allow Users to post or provide content such as profile
information, images, comments, questions, and other content or information (any
such materials a User submits, posts, displays, or otherwise makes available on
the Service is referred to as “User Content”). We claim no ownership rights over
User Content created by you. The User Content you create remains yours; however,
by providing or sharing User Content through the Service, you agree to allow
others to view, edit, and/or share your User Content in accordance with your
settings and this Agreement. The User Content may be viewed or shared with
others in accordance with your profile settings and the Privacy Policy. When I
Work has the right (but not the obligation) in its sole discretion to remove any
User Content from the Service with or without prior notice to you. It is your
responsibility to maintain appropriate alternate backup of all User Content.

You agree not to post User Content that: (i) may create a risk of harm, loss,
physical or mental injury, emotional distress, death, disability, disfigurement,
or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise; (iv) may
constitute or contribute to a crime or tort; (v) contains any information or
content that we deem to be unlawful, harmful, abusive, racially or ethnically
offensive, defamatory, infringing, invasive of personal privacy or publicity
rights, harassing, humiliating to other people (publicly or otherwise),
libelous, threatening, profane, obscene, or otherwise objectionable; (vi)
contains any information or content that is illegal (including, without
limitation, the disclosure of insider information under securities law or of
another party’s trade secrets); (vii) contains any information or content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships; (viii) contains any information or content that you
know is not correct and current or (ix) violates any company, employer or other
applicable policy.

You agree that no User Content does or will violate third-party rights of any
kind, including without limitation any Intellectual Property Rights (as defined
below), rights of privacy or other rights of When I Work or any third party.

You agree that no User Content does or will include any “protected health
information” subject to the Health Insurance Portability & Accountability Act of
1996, P.L. 104-191, as amended from time to time, together with any implementing
regulations promulgated thereunder and under the Health Information Technology
for Economic and Clinical Health Act, Title XIII of Division A and Title IV of
Division B of the American Recovery and Reinvestment Act of 2009, by the U.S.
Department of Health and Human Services, including, but not limited to, the
Privacy Rule, the Security Rule and the Breach Notification Rule, as amended
from time to time (collectively, “HIPAA”). To the extent applicable, you
acknowledge and agree that you are solely and exclusively liable for compliance
with HIPAA and that When I Work shall not be liable for breaches of HIPAA or
failures to comply with HIPAA by you, your employees or other users associated
with your company account.

When I Work reserves the right, but is not obligated, to reject and/or remove
any User Content that When I Work believes, in its sole discretion, violates any
of these provisions or is otherwise unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable. You understand
that publishing your User Content on the Service is not a substitute for
registering it with the U.S. Copyright Office, the Writer’s Guild of America, or
any other rights organization.

For the purposes of this Agreement, “Intellectual Property Rights” means all
patent rights, copyright rights, mask work rights, moral rights, rights of
publicity, trademark, trade dress and service mark rights, goodwill, trade
secret rights and other intellectual property rights as may now exist or
hereafter come into existence, and all applications therefore and registrations,
renewals and extensions thereof, under the laws of any state, country, territory
or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the
following:

A. You have the written consent of each and every identifiable natural person in
the User Content, if any, to use such person’s name or likeness in the manner
contemplated by the Service and this Agreement, and each such person has
released you from any liability that may arise in relation to such use.

B. If applicable, you have the consent and appropriate rights in the User
Content to use your employer’s logos, trademarks, trade names or service marks
in the manner contemplated by the Service or this Agreement.

C. You have obtained and are solely responsible for obtaining all consents as
may be required by law to post any User Content relating to third parties.

D. Your User Content and When I Work’s use thereof as contemplated by this
Agreement and the Service will not violate any law or infringe any rights of any
third party, including but not limited to any Intellectual Property Rights and
privacy rights.

When I Work may exercise the rights to your User Content granted under this
Agreement without liability for payment of any guild fees, residuals, payments,
fees, or royalties payable under any collective bargaining agreement or
otherwise.

To the best of your knowledge, all your User Content and other information that
you provide to us is truthful and accurate.

When I Work takes no responsibility and assumes no liability for any User
Content that you or any other User or third party posts, sends, or otherwise
makes available over the Service. You shall be solely responsible for your User
Content and the consequences of posting, publishing it, sharing it, or otherwise
making it available on the Service, and you agree that we are only acting as a
passive conduit for your online distribution and publication of your User
Content. You understand and agree that you may be exposed to User Content that
is inaccurate, objectionable, inappropriate for children, or otherwise unsuited
to your purpose, and you agree that When I Work shall not be liable for any
damages you allege to incur as a result of or relating to any User Content.

By posting or otherwise making available any User Content on or through the
Service, you expressly grant, and you represent and warrant that you have all
rights necessary to grant, to When I Work a royalty-free, sublicensable,
transferable, perpetual, irrevocable, non-exclusive, worldwide license to use,
reproduce, modify, publish, list information regarding, edit, translate,
distribute, syndicate, publicly perform, publicly display, and make derivative
works of all such User Content and your name, voice, and/or likeness as
contained in your User Content, in whole or in part, and in any form, media or
technology, whether now known or hereafter developed, for use in connection with
the Service and When I Work’s (and its successors’ and affiliates’) business,
including without limitation for promoting and redistributing part or all of the
Service (and derivative works thereof) in any media formats and through any
media channels.

In addition to the foregoing, if you are an employer, as between you and WIW you
are solely responsible for any and all User Content you provide and/or cause to
be provided to the WIW Service, and the consequences of providing, posting or
transmitting such User Content, including responsibility for compliance with
breach notification laws. You agree that you will not use When I Work to
collect, store, or process bank account information, credit or debit card
information, social security numbers, driver’s license numbers, or health or
medical information, nor will you direct your employees to provide such
information to When I Work. When I Work has the right (but not the obligation)
in its sole discretion to remove any User Content that does not comply with this
Section.

3. API Terms; Third Party Software

Users may access the Services and their When I Work account data via an API
(Application Program Interface) and the Services may include access to certain
third party software for which certain additional terms may apply (“Third Party
Software”). Any use of the API and Third Party Software, including use of the
API through a third-party product that accesses When I Work, is bound by the
terms of this Agreement, including, without limitation, the following specific
terms:

 * You expressly understand and agree that When I Work shall not be liable for
   any direct, indirect, incidental, special, consequential or exemplary
   damages, including but not limited to, damages for loss of profits, goodwill,
   use, data or other intangible losses (even if When I Work has been advised of
   the possibility of such damages), resulting from your use of the API or
   third-party products that access data via the API or Third Party Software.
 * You shall not, and shall not permit any third party to: (a) modify or create
   any derivative work of any part of the API or Third Party Software; (b)
   process or permit to be processed the data of any other party unless in
   connection with your authorized use of the API or Third Party Software; or
   (c) market, sell, license, sublicense, distribute, publish, display,
   reproduce, rent, lease, loan, assign or otherwise transfer to a third party
   the API, Third Party Software or any copy thereof, in whole or in part. You
   acknowledge and agree that you have no rights to any source code for the API
   or Third Party Software. You acknowledge and agree that, except to the extent
   permitted by law, you shall not cause or permit the disassembly,
   decompilation or reverse engineering of the API or Third Party Software or
   otherwise attempt to gain access to the source code to the API or Third Party
   Software (or the underlying ideas, algorithms, structure or organization of
   the object code in the API or Third Party Software).
 * Abuse or excessively frequent requests to When I Work via the API may result
   in the temporary or permanent suspension of your account’s access to the API.
   When I Work, in its sole discretion, will determine abuse or excessive usage
   of the API. When I Work will make a reasonable attempt via email to warn the
   account owner prior to suspension but shall not be required to do so.
 * When I Work reserves the right at any time to modify or discontinue,
   temporarily or permanently, your access to the API or Third Party Software(or
   any part thereof) with or without notice.

4. Mobile Software

A. Mobile Software

We may make available software to access the Service via a mobile device
(“Mobile Software”). To use the Mobile Software you must have a mobile device
that is compatible with the Mobile Software. When I Work does not warrant that
the Mobile Software will be compatible with your mobile device. You may use
mobile data in connection with the Mobile Software and may incur additional
charges from your wireless provider for these services. You agree that you are
solely responsible for any such charges. When I Work hereby grants you a
non-exclusive, non-transferable, revocable license to use a compiled code copy
of the Mobile Software for one When I Work account on one mobile device owned or
leased solely by you, and in accordance with the features made available to you.
You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile
Software, except to the extent that such restriction is expressly prohibited by
law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise
transfer the Mobile Software to any third party or use the Mobile Software to
provide time sharing or similar services for any third party; (iii) make any
copies of the Mobile Software; (iv) remove, circumvent, disable, damage or
otherwise interfere with security-related features of the Mobile Software,
features that prevent or restrict use or copying of any content accessible
through the Mobile Software, or features that enforce limitations on use of the
Mobile Software; or (v) delete the copyright and other proprietary rights
notices on the Mobile Software. You acknowledge that When I Work may from time
to time issue upgraded versions of the Mobile Software, and may automatically
electronically upgrade the version of the Mobile Software that you are using on
your mobile device. You consent to such automatic upgrading on your mobile
device, and agree that the terms and conditions of this Agreement will apply to
all such upgrades. Any third-party code that may be incorporated in the Mobile
Software is covered by the applicable open source or third-party license EULA,
if any, authorizing use of such code. The foregoing license grant is not a sale
of the Mobile Software or any copy thereof, and When I Work or its third-party
partners or suppliers retain all right, title, and interest in the Mobile
Software (and any copy thereof). Any attempt by you to transfer any of the
rights, duties or obligations hereunder, except as expressly provided for in
this Agreement, is void. When I Work reserves all rights not expressly granted
under this Agreement. If the Mobile Software is being acquired on behalf of the
United States Government, then the following provision applies. The Mobile
Software will be deemed to be “commercial computer software” and “commercial
computer software documentation,” respectively, pursuant to DFAR Section
227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release,
performance, display or disclosure of the Service and any accompanying
documentation by the U.S. Government will be governed solely by these Terms of
Service and is prohibited except to the extent expressly permitted by these
Terms of Service.

The Mobile Software originates in the United States, and is subject to United
States export laws and regulations. The Mobile Software may not be exported or
re-exported to certain countries or those persons or entities prohibited from
receiving exports from the United States. In addition, the Mobile Software may
be subject to the import and export laws of other countries. You agree to comply
with all United States and foreign laws related to use of the Mobile Software
and the Service.

B. Mobile Software provided from App Store by Apple

The following applies to any Mobile Software you acquire from the App Store
(“App Store-Sourced Software”): You acknowledge and agree that this Agreement is
solely between you and When I Work, not Apple, and that Apple has no
responsibility for the App Store-Sourced Software or content thereof. Your use
of the App Store-Sourced Software must comply with the App Store Terms of
Service. You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the App Store-Sourced Software.
In the event of any failure of the App Store-Sourced Software to conform to any
applicable warranty, you may notify Apple, and Apple will refund the purchase
price for the App Store-Sourced Software to you; to the maximum extent permitted
by applicable law, Apple will have no other warranty obligation whatsoever with
respect to the App Store-Sourced Software, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty will be solely governed by this Agreement and any law applicable
to When I Work as provider of the software. You acknowledge that Apple is not
responsible for addressing any claims of you or any third party relating to the
App Store-Sourced Software or your possession and/or use of the App
Store-Sourced Software, including, but not limited to: (i) product liability
claims; (ii) any claim that the App Store-Sourced Software fails to conform to
any applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation; and all such claims are governed
solely by this Agreement and any law applicable to When I Work as provider of
the software. You acknowledge that, in the event of any third-party claim that
the App Store-Sourced Software or your possession and use of that App
Store-Sourced Software infringes that third party’s intellectual property
rights, When I Work, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual
property infringement claim to the extent required by this Agreement. You and
When I Work acknowledge and agree that Apple, and Apple’s subsidiaries, are
third-party beneficiaries of this Agreement as relates to your license of the
App Store-Sourced Software, and that, upon your acceptance of the terms and
conditions of this Agreement, Apple will have the right (and will be deemed to
have accepted the right) to enforce this Agreement as relates to your license of
the App Store-Sourced Software against you as a third-party beneficiary thereof.

C. Mobile Software provided from Google Play Store

The following applies to any Mobile Software you acquire from the Google Play
Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is
between you and When I Work only, and not with Google, Inc. (“Google”); (ii)
your use of Google-Sourced Software must comply with Google’s then-current
Google Play Store Terms of Service; (iii) Google is only a provider of the
Google Play Store where you obtained the Google-Sourced Software; (iv) When I
Work, and not Google, is solely responsible for its Google-Sourced Software; (v)
Google has no obligation or liability to you with respect to Google-Sourced
Software or the Agreement; and (vi) you acknowledge and agree that Google is a
third-party beneficiary to the Agreement as it relates to When I Work’s
Google-Sourced Software.

5. Proprietary Rights

Except for your User Content, the Service and all materials therein or
transferred thereby, including, without limitation, software, images, text,
graphics, illustrations, logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos, music, and User Content belonging to other Users
(the “WIW Content”), and all Intellectual Property Rights related thereto, are
the exclusive property of When I Work and its licensors (including other Users
who post User Content to the Service). Except as explicitly provided herein,
nothing in this Agreement shall be deemed to create a license in or under any
such Intellectual Property Rights, and you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from any WIW Content.
Use of the WIW Content for any purpose not expressly permitted by this Agreement
is strictly prohibited.

You may choose to, or we may invite you to, submit comments or ideas about the
Service, including without limitation about how to improve the Service or our
products (“Ideas”). By submitting any Idea, you agree that your disclosure is
gratuitous, unsolicited and without restriction and will not place When I Work
under any fiduciary or other obligation, and that we are free to use the Idea
without any additional compensation to you, and/or to disclose the Idea on a
non-confidential basis or otherwise to anyone. You further acknowledge that, by
acceptance of your submission, When I Work does not waive any rights to use
similar or related ideas previously known to When I Work, or developed by its
employees, or obtained from sources other than you.

6. Free Trial License

If you register on WIW’s website for a free trial, either for small business or
enterprise trial, WIW will make the applicable Service available to you on a
trial basis at no charge until the earlier of (a) the end of the free trial
period for which you registered to use the applicable Service, or (b) the start
date of any Paid Service subscription ordered by Customer for such Service, or
(c) termination of the free trial by WIW in its sole discretion. Additional
trial terms and conditions may appear on the trial registration web page. Any
such additional terms and conditions are incorporated into these ToS by
reference and are legally binding. Any data, including User Content, that is
entered into the Service for processing during the free trial period, and any
customizations made to the Service during your free trial period will be
permanently lost to the Account Holder unless you purchase a subscription to the
same Services as those covered by the free trial or exports such data, before
the end of the trial period.

7. Paid Services

A. Billing Policies

Certain aspects of the Service may be provided for a fee or other charge. If you
elect to use paid aspects of the Service, you agree to the pricing and payment
terms, located at app.wheniwork.com/account, as we may update them from time to
time. Please note that a valid credit card is required for paying accounts, but
free trial accounts are not required to provide a credit card number.

When I Work may add new services for additional fees and charges, add or amend
fees and charges for existing services, at any time in its sole discretion,
including, but not limited to, changing the monthly subscription plan fees for
the Service. When I Work shall provide 30 days’ notice before any change to our
pricing or payment terms by providing you notification of your current payment
terms. Such notice may be provided at any time by posting the changes to the
When I Work website or the Service itself.

B. Upgrades or Downgrades

Any upgrade from the free plan or trial to any paying plan will end your free
trial. You will be billed for your first month immediately upon upgrading. For
any upgrade or downgrade in plan level, your credit card that you provided will
be charged a prorated amount and then automatically be charged the new rate on
your next billing cycle.

Downgrading your Service or failure to purchase a paid Service following a free
trail may cause the loss of content, User Content, features, or capacity of your
account. We do not accept any liability for such loss.

C. No Refunds

You may cancel your When I Work account at any time; however, there are no
refunds for cancellation. The Service is billed in advance on a monthly or
annual basis and is non-refundable. There will be no refunds or credits for
partial months of service, upgrade/downgrade refunds, credit balances, or
refunds for months unused with an open account. In order to treat everyone
equally, no exceptions will be made. In the event that When I Work suspends or
terminates your account or this Agreement, you understand and agree that you
shall receive no refund or exchange for any WIW Property, any unused time on a
subscription, any license or subscription fees for any portion of the Service,
any content or data associated with your account, or for anything else. TeamTxt™
text messaging credits purchased through the Service are non-refundable and
non-transferable. If you have unused credits when you cancel your account, those
credits are not refundable or transferable.

D. Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or
other monetary transaction interaction with the Service must be accurate,
complete, and current. You agree to pay all charges incurred by users of your
credit card, debit card, or other payment method used in connection with a
purchase or transaction or other monetary transaction interaction with the
Service at the prices in effect when such charges are incurred. All fees are
exclusive of all taxes, levies, or duties imposed by taxing authorities, and you
shall be responsible and pay any applicable taxes, levies or duties, if any,
relating to any such purchases, transactions or other monetary transaction
interactions.

E. Payments

Payment shall be in the form you select when you register for the Service, or as
subsequently updated as permitted by the Service. We reserve the right to
withhold payment or charge back to your account any amounts otherwise due to us
under this Agreement, or amounts due to any breach of this Agreement by you,
pending When I Work’s reasonable investigation of such breach. We also reserve
the right to withhold payment or charge back to your account any amounts subject
to dispute, such as in the case of credit card charge backs, pending successful
resolution of the dispute. To ensure proper payment, you are solely responsible
for providing and maintaining accurate contact and payment information
associated with your account, which includes without limitation applicable tax
information. If we believe that we are obligated to obtain tax information and
you do not provide this information to us after we have requested it, we may
withhold your payments until you provide this information or otherwise satisfy
us that you are not a person or entity from whom we are required to obtain tax
information. Any third-party fees related to returned or cancelled payments due
to a contact or payment information error or omission may be deducted from the
newly issued payment. You agree to pay all applicable taxes or charges imposed
by any government entity in connection with your participation in the Service.

If you dispute any payment made hereunder, you must notify us in writing within
thirty (30) days of such payment or from when you purport such payment would
have been due, whichever is earlier. Failure to so notify When I Work shall
result in the waiver by you of any claim relating to such disputed payment.
Payment shall be calculated solely based on records maintained by When I Work.
No other measurements or statistics of any kind shall be accepted by When I Work
or have any effect under this Agreement and you shall have no audit rights
hereunder. We may withhold any taxes or other amounts from payments due to you
as required by law.

F. California Residents

The provider of services is When I Work, Inc., 420 North 5th St. Suite 500,
Minneapolis, MN 55401. We can be reached at +1-651-330-4482. If you are a
California resident, in accordance with Cal. Civ. Code §1789.3, you may report
complaints to the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs by contacting them in writing
at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at
(800) 952-5210 or (916) 445-1254.

8. Cancellation and Termination

You are solely responsible for properly canceling your account. An email or
phone request to cancel your account is not considered cancellation. You can
cancel your account at any time by clicking on the “Account & Billing” link from
the profile picture menu located in the navigation bar at the top right of the
screen. Once you cancel your account or the Service, you will no longer have any
access to your User Content or other account information.

User Content may be retained after cancellation unless and until we receive a
deletion request. We may not be able to delete all information that has been
shared with other Users. If you are an employer and wish to cancel your company
account, we may retain the User Content of employees or other users associated
with your company account so that such users may continue to use the Service and
maintain access to that User Content.

If you cancel the Service before the end of your current paid up month, your
cancellation will take effect immediately and you will not be charged again.

When I Work, in its sole discretion, has the right to suspend or terminate your
account and refuse any and all current or future use of the Service, or any
other When I Work service, for any reason at any time. Such termination of the
Service will result in the deactivation or deletion of your account or your
access to your account, and the forfeiture and relinquishment of all content in
your account. We reserve the right to refuse service to anyone for any reason at
any time.

9. Trademarks and Site Name Squatting

We reserve the right to reclaim site names or subdomains on behalf of businesses
or individuals that hold legal claim or trademark on those names, or otherwise
have an interest in such names. Accounts using business names and/or logos that
that we determine, in our sole discretion, mislead or could mislead others will
be subject to suspension at our discretion.

You may not engage in site name squatting. Accounts that are inactive for more
than thirty (30) days may also be removed at When I Work’s discretion and
without further notice.

10. No Professional Advice

If the Service provides professional information (for example, medical, legal,
or financial), such information is for informational purposes only and should
not be construed as professional advice. No action should be taken based upon
any information contained in the Service. You should seek independent
professional advice from a person who is licensed and/or qualified in the
applicable area.

11. Text Messaging and Consent

A. Consent to Add Employees

When I Work makes it easy for you to add employees to your When I Work account
so that you can manage your schedule and exchange messages with each other. YOU
REPRESENT AND WARRANT TO US THAT EACH PERSON YOU ADD TO YOUR WHEN I WORK ACCOUNT
HAS CONSENTED TO BE ADDED TO THE ACCOUNT AND TO RECEIVE ADMINISTRATIVE MESSAGES
FROM WHEN I WORK AND TEXT MESSAGES FROM YOU AND ANYONE ELSE ASSOCIATED WITH THE
ACCOUNT.

B. Compliance with Laws

You represent and warrant that all communications you cause to be sent through
the Service shall at all times comply with all applicable state and federal laws
and regulations, including, but not limited to, the Telephone Consumer
Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, and all other
laws and regulations concerning privacy, telemarketing, and the sending of SMS
text messages.

C. Consent to Receive Periodic Messages from When I Work

As part of the Service, When I Work sometimes causes administrative messages to
be sent to users, including both employers and employees. For example, upon
adding a new employee to an employer’s When I Work account, the new employee
will receive a welcome message, instructions on how to register for the Service,
and a link with more information about the service. When I Work may send other
administrative messages as well. BY SIGNING UP FOR WHEN I WORK, YOU AGREE TO
RECEIVE TEXT MESSAGES FROM US.

D. Stopping Text Messages

To permanently cease receiving text messages from When I Work, reply STOP to any
When I Work message. You can also adjust your settings through the Service. If
you stop receiving text messages, we will alert your employer who may need to
contact you another way.

E. Text Messaging Fees

You may sign up to receive certain When I Work notifications or information via
text messaging. You may incur additional charges from your wireless provider for
these services. You agree that you are solely responsible for any such charges.
Please be aware that texting charges can fluctuate internationally. Text
messaging rates can normally be found by asking your service provider.

12. Privacy

We care about the privacy of our Users. You understand that by using the
Services you consent to the collection, use and disclosure of your personally
identifiable information and aggregate data as set forth in our Privacy Policy,
located at https://wheniwork.com/privacy, and to have your personally
identifiable information collected, used, transferred to and processed in the
United States.

Where you are a company, organization or other similar entity, to the extent
that we process any personal data on your behalf and (i) that personal data
relates to individuals located in the EEA; or (ii) you are established in the
EEA, you agree that we do so as a data processor only, and the parties agree to
comply with the provisions of the Data Processing Addendum.

13. Security

When I Work utilizes physical, managerial, and technical safeguards to preserve
the integrity and security of your personal information and implement your
privacy settings. However, we cannot guarantee that unauthorized third parties
will never be able to defeat our security measures or use your personal
information for improper purposes. You acknowledge that you provide your
personal information at your own risk.

14. Third-Party Links, Third-Party Services, and Third Party Information

The Service may contain links to third-party materials and options to use the
products or services of  third-party providers that are not owned or controlled
by When I Work. When I Work does not endorse or assume any responsibility for
any such third-party sites, information, materials, products, or services. If
you access a third-party website or service from the Service or share your User
Content on or through any third-party website or service, you do so at your own
risk, and you understand that this Agreement and When I Work’s Privacy Policy do
not apply to your use of such sites. You expressly relieve When I Work from any
and all liability arising from your use of any third-party website, service, or
content, including without limitation User Content submitted by other Users.
Additionally, your dealings with or participation in the promotions of
advertisers or the services of third-party providers found on the Service,
including, but not limited to, the payment and delivery of goods are solely
between you and such advertisers or third-party providers.  You may be required
by the third-party provider to accept its terms and conditions applicable to use
of  the third-party content, website, information, materials, or services and
those  terms (such as warranties) are solely between you and such third-party
provider.

You agree that When I Work shall not be responsible for any loss or damage of
any sort relating to your dealings with such advertisers or third-party
providers.

When I Work reserves the right at any time to modify or discontinue, temporarily
or permanently, your access to third-party links, third-party services, and
third-party information (or any part thereof) with or without notice.

Terms specific to on-demand pay provider Clair:    

 * If you are an employer or workplace that chooses to offer your  employees or
   other shift workers  the option to use Clair, a third-party service provider,
   to access their earned wages ahead of payday, you may not charge any of your
   employees or shift workers any fees to use the service provided by Clair .

 * If you are an employer or workplace that chose to offer your  employees or
   other shift workers  the option to use Clair  and then choose to opt-out or
   disable this feature, it is your responsibility to notify your employees and
   other shift workers.  

15. Vendors and Contractors

When I Work may use vendors, contractors or other third-party service provides
to help provide the Service to you, and we may change our use of such vendors
and contractors at our sole discretion and without notice to you.

16. Indemnity

You agree to defend, indemnify and hold harmless When I Work and its
subsidiaries, agents, licensors, managers, and other affiliated companies, and
their employees, contractors, agents, officers and directors, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney’s fees) arising from: (i)
your use of and access to the Service, including any data or content transmitted
or received by you; (ii) your violation of any term of this Agreement, including
without limitation your breach of any of the representations and warranties
above; (iii) your violation of any third-party right, including without
limitation any right of privacy or Intellectual Property Rights; (iv) your
violation of any applicable law, rule or regulation; (v) User Content or any
content that is submitted via your account including without limitation
misleading, false, or inaccurate information; (vi) your gross negligence or
willful misconduct; or (vii) any other party’s access and use of the Service (or
access and use of any third-party service via the Service) with your unique
username, password or other appropriate security code.

17. No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE
SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHEN I WORK OR THROUGH THE SERVICE
WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE
FOREGOING, WHEN I WORK, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO
NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS
FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

WHEN I WORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WHEN I WORK WILL NOT BE A
PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND
EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY
APPLICABLE LAW.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHEN I
WORK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE
LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO
THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WHEN
I WORK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING,
TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR
THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHEN I WORK ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT OR THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT
MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WHEN I WORK, ITS
AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO
YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR
COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WHEN I WORK HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN
IF WHEN I WORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND
LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT
PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from facilities in the United States.
When I Work makes no representations that the Service is appropriate or
available for use in other locations. Those who access or use the Service from
other jurisdictions do so at their own volition and are entirely responsible for
compliance with all applicable United States and local laws and regulations,
including but not limited to export and import regulations. You may not use the
Service if you are a resident of a country embargoed by the United States, or
are a foreign person or entity blocked or denied by the United States
government. Unless otherwise explicitly stated, all materials found on the
Service are solely directed to individuals, companies, or other entities located
in the United States.

19. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

A. Governing Law

You agree that: (i) the Service shall be deemed solely based in Minnesota; and
(ii) the Service shall be deemed a passive one that does not give rise to
personal jurisdiction over us, either specific or general, in jurisdictions
other than Minnesota. This Agreement shall be governed by the internal
substantive laws of the State of Minnesota, without respect to its conflict of
laws principles. The parties acknowledge that this Agreement evidences a
transaction involving interstate commerce. Notwithstanding the preceding
sentences with respect to the substantive law, any arbitration conducted
pursuant to the terms of this Agreement shall be governed by the Federal
Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly
excluded. You agree to submit to the personal jurisdiction of the federal and
state courts located in Ramsey County, Minnesota for any actions for which we
retain the right to seek injunctive or other equitable relief in a court of
competent jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of our copyrights, trademarks, trade secrets,
patents, or other intellectual property or proprietary rights, as set forth in
the Arbitration provision below, including any provisional relief required to
prevent irreparable harm. You agree that Ramsey County, Minnesota is the proper
forum for any appeals of an arbitration award or for trial court proceedings in
the event that the arbitration provision below is found to be unenforceable.

B. Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR
DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WHEN I WORK.
For any dispute with When I Work, you agree to first contact us
at support@wheniwork.com and attempt to resolve the dispute with us informally.
In the unlikely event that When I Work has not been able to resolve a dispute it
has with you after sixty (60) days, we each agree to resolve any claim, dispute,
or controversy (excluding any claims for injunctive or other equitable relief as
provided below) arising out of or in connection with or relating to this
Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by
binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures
then in effect for JAMS, except as provided herein. JAMS may be contacted
at www.jamsadr.com. The arbitration will be conducted in Ramsey County,
Minnesota, unless you and When I Work agree otherwise. If you are using the
Service for commercial purposes, each party will be responsible for paying any
JAMS filing, administrative and arbitrator fees in accordance with JAMS rules,
and the award rendered by the arbitrator shall include costs of arbitration,
reasonable attorneys’ fees and reasonable costs for expert and other witnesses.
If you are an individual using the Service for non-commercial purposes: (i) JAMS
may require you to pay a fee for the initiation of your case, unless you apply
for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by
the arbitrator may include your costs of arbitration, your reasonable attorney’s
fees, and your reasonable costs for expert and other witnesses; and (iii) you
may sue in a small claims court of competent jurisdiction without first engaging
in arbitration, but this does not absolve you of your commitment to engage in
the informal dispute resolution process. Any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction. Nothing in
this Section shall be deemed as preventing When I Work from seeking injunctive
or other equitable relief from the courts as necessary to prevent the actual or
threatened infringement, misappropriation, or violation of our data security,
Intellectual Property Rights or other proprietary rights.

C. Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE
OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL
CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION,
PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER
APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY
NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO
THIS AGREEMENT, YOU AND WHEN I WORK ARE EACH WAIVING THE RIGHT TO A TRIAL BY
JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY
GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

20. General

A.  Feedback

From time to time, you may submit ideas, comments, suggestions, recommendations,
opinions, bug reports,  and enhancement requests relating to the Service
(collectively, “Feedback”) to WIW.   WIW  may freely use or exploit this
Feedback in connection with the Service without any obligation to you or your
Users.  If for any reason it is further needed, you hereby grant WIW a
perpetual, non-revocable, royalty-free, assignable, sub-licensable, worldwide
license to use and/or incorporate such Feedback into any WIW product or service
at any time at the sole discretion of WIW.

B.  Beta Program Participation 

From time-to -time, we may make a Beta Program available to you at no charge.  A
Beta Program will provide you with early access to and use of new or modified
services, features, or functions within the Service. You may choose to use Beta
Program in your sole discretion. Unless otherwise stated or communicated to you,
any Beta Program period will expire upon the date that a version of the Beta
Program becomes generally available without the applicable designation as a Beta
Program (or as a pilot, limited release, non-production, early access,
evaluation, or  similar description ). WIW may discontinue a Beta Program at any
time in its sole discretion and may never make it generally available.  Beta
Programs are provided on an  “AS IS” and  “AS AVAILABLE” basis.  WIW will have
no liability for any harm or damage arising out of or in connection with a Beta
Program.

C. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by When I Work without
restriction. Any attempted transfer or assignment in violation hereof shall be
null and void.

D. Notification Procedures and Changes to the Agreement

When I Work may provide notifications, whether such notifications are required
by law or are for marketing or other business related purposes, to you via email
notice, written or hard copy notice, or through posting of such notice on our
website, as determined by When I Work in our sole discretion. When I Work
reserves the right to determine the form and means of providing notifications to
our Users, provided that you may opt out of certain means of notification as
described in this Agreement. We are not responsible for any automatic filtering
you or your network provider may apply to email notifications we send to the
email address you provide us. When I Work may, in its sole discretion, modify or
update this Agreement from time to time, and so you should review this page
periodically. When we change the Agreement in a material manner, we will update
the ‘last modified’ date at the bottom of this page. Your continued use of the
Service after any such change constitutes your acceptance of the new Terms of
Use. If you do not agree to any of these terms or any future Terms of Use, do
not use or access (or continue to access) the Service.

E. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you
may enter into with When I Work in connection with the Service, shall constitute
the entire agreement between you and When I Work concerning the Service. If any
provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in full force and
effect, except that in the event of unenforceability of the universal Class
Action/Jury Trial Waiver, the entire arbitration agreement shall be
unenforceable.

F. Force Majeure

Neither party will be liable to the other for any delay or failure to perform
its obligations hereunder (other than for the payment of amounts due) if such
delay or failure arises from any cause or causes beyond the reasonable control
of the affected party, including acts of God, floods, fires, pandemic, or loss
of electricity or other utilities.

G. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term, and When I Work’s failure to assert any
right or provision under this Agreement shall not constitute a waiver of such
right or provision.

H. Contact

Please contact us at support@wheniwork.com with any questions regarding this
Agreement.

This Agreement was last modified on March 22, 2022


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