Terms and Conditions

This USER AGREEMENT (the 'Agreement ') constitutes a legally binding agreement between WORQROOM GmbH, a limited liability company registered in Hamburg, Germany, and the customer, whether individually or on behalf of an institution ('Customer'), concerning access to and use of the WORQROOM website: https://www.worqroom.com/ (the 'Website') and any other media form, channel, mobile website, or mobile application related to it, linked to it, or otherwise connected to it. Failure to agree to all the terms, conditions, and obligations contained herein will result in the express prohibition of the Customer's use of the Website, and the Customer is required to immediately cease using it. Subsequently, the relationship between the Customer and WORQROOM will terminate and have no further effect and force between the parties, except that the Customer's obligation to pay WORQROOM for services rendered will remain in effect and constitute an ongoing obligation of the Customer to WORQROOM.

1. Subscription

1.1. Subscription Plans

We offer various subscription plans with different features and prices. You can find details about each plan on our website. By signing up for our service, you agree to pay the applicable fees for the selected plan.

1.2. Payment

You authorize us to charge the specified payment method for all applicable fees at regular intervals until you cancel your subscription. Subscription fees are non-refundable unless expressly provided in these terms.

1.3. Billing

You will be billed in advance for your chosen subscription plan. It is your responsibility to maintain accurate billing information, and you agree to promptly update any changes to your payment information.

1.4. Cancellation

You can cancel your subscription at any time following the instructions on our website. Cancellation will be effective at the end of the current billing cycle, and no refunds will be issued for the remaining period.

1.5. Pause

You can pause your subscription at any time following the instructions on our website. The pause takes effect immediately, and you can resume your subscription at any time. If you pause and cancel the subscription, you can use the remaining days. Your subscription will automatically cancel after the remaining days expire.

2. User Responsibilities

2.1. Account Security

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to promptly notify us of any unauthorized use of your account.

2.2. Compliance

You agree to use the service in compliance with all applicable laws and regulations. You may not use the service for unlawful or unauthorized purposes.

3. Changes to the Service

We reserve the right to change, suspend, or terminate the service or any part thereof at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or termination of the service.

5. Intellectual Property

Unless otherwise specified, the website WORQROOM, and all the source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics of any kind and in any format (hereinafter, collectively or individually, the ' Content'), as well as the trademarks, service marks, and logos contained therein (the 'Trademarks'), are the property of WORQROOM and are protected by copyright and trademark rights, as well as all other applicable intellectual property laws or regulations in Germany, foreign jurisdictions, and international conventions. The Content and Trademarks are provided 'as is' for your information and personal use only. Except as expressly provided herein, no part of the website or Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise commercially used without the express prior written permission of WORQROOM. WORQROOM reserves all rights to the website, Content, and Trademarks.

6. Ownership of Materials

Notwithstanding WORQROO's ownership of submissions as described in Section 4 ('Customer Feedback'), all design, code, and original source files ('Projects') created on behalf of the customer belong to the customer, and the customer is the sole owner of the copyright in all Projects. If any legal provision would require WORQROOM to obtain ownership of a Project, in whole or in part, instead of the customer, WORQROOM irrevocably and permanently assigns its entire interest in the Project to the customer without restriction. The customer warrants that any materials provided to WORQROOM, whether as examples or for incorporation into a Project during the design process, are owned by the customer and do not infringe or deprive any third-party rights, including but not limited to all intellectual property rights and the right to public display. WORQROOM always reserves the right to publicly share the customer's design work (on social media, the website, etc.) unless otherwise agreed in Section 18 of this document.

7. Third-Party Fonts

If a Project includes fonts not owned by WORQROOM and for which the customer requires a commercial license to legally reproduce, distribute, or publicly display the Project ('Third-Party Fonts'), WORQROOM will inform the customer in writing that one or more Third-Party Fonts have been included in the Project, and the customer must acquire one or more licenses for the Third-Party Fonts from the rights holders of the respective fonts to legally reproduce, distribute, or publicly display the Project. This notification will contain sufficient information for the customer to determine which licenses are required and to whom to apply for these licenses. As long as WORQROOM has informed the customer about the inclusion of Third-Party Fonts as described above, the customer bears sole responsibility for any consequences arising from the customer's failure to obtain one or more licenses for Third-Party Fonts included in a Project.

8. User Representations

By using the website, the customer represents that:

the customer has the legal authority and agrees to comply with these Terms of Use;
the customer is not a minor in the jurisdiction of the customer's residence;
the customer will not access the website by automated or non-human means;
the customer will not use the website for unlawful or unauthorized purposes;
the customer's use of the website will not violate any applicable laws or regulations.

9. Prohibited Activities

The customer may not access or use the website for any purpose other than that for which the website is provided to the customer. The website may not be used in connection with commercial activities except those related to the work performed by WORQROOM on behalf of the customer. Furthermore, the customer agrees not to engage in the following actions:

any unauthorized use of the website;
retrieving data or content for the purpose of creating or compiling a database or directory;
circumventing, disabling, or otherwise interfering with security-related features on the website;
engaging in unauthorized framing or linking of the website;
deceiving, defrauding, or misleading WORQROOM or other users;
disrupting, interrupting, or overloading the website or WORQROOM's networks or servers;
using the website in an attempt to compete with WORQROOM;
decrypting, decompiling, disassembling, or reverse engineering any of the software components or other parts of the website;
circumventing measures on the website that are intended to restrict or prevent access to the website or any part thereof;
harassing, annoying, intimidating, or threatening WORQROOM's employees, independent contractors, or agents providing services through the website;
removing copyright or other rights notices from any content;
copying or adapting the website's software;
uploading or sending, or attempting to upload or send, viruses, trojans, or other materials, including anything that interferes with or disrupts the use, functions, operations, or maintenance of the website;
uploading or sending, or attempting to upload or send, materials that serve as active or passive mechanisms for information collection or transmission;
lowering, damaging, or otherwise impairing WORQROOM;
using the website in a manner that contradicts applicable laws, regulations, or ordinances.

10. Customer Feedback

The customer acknowledges and agrees that any question, comment, suggestion, or other feedback or submission (each a 'Submission') will be the sole property of WORQROOM, and WORQROOM is not obligated to treat a Submission as confidential or take steps to maintain the confidentiality of a Submission. WORQROOM will have sole and exclusive ownership of all rights associated with the Submission, unless rights have been granted to the customer as per Section 2 ('Ownership of Materials'), and will, at its sole discretion, use and distribute a Submission for any legally permissible purpose without the customer's permission, acknowledgment, or compensation. The customer represents that they have the right to express and submit the Submission and hereby waive all claims and remedies against WORQROOM for its use in accordance with the terms set forth herein and at WORQROOM's discretion.

11. Management and Monitoring

WORQROOM reserves the right to monitor the website for violations of these Terms of Use and take appropriate legal action in response to any breach of the Terms of Use or any applicable law, regulation, or ordinance. WORQROOM also reserves the right to restrict or deny access to the website or disable the customer's use of the website. Such decisions are at the sole discretion of WORQROOM, without notice or liability to the customer. All decisions regarding the management of the website are at the sole discretion of WORQROOM and are intended to protect WORQROOM's rights and property.

12. Privacy Policy

By using the website, the customer agrees to be bound by the Privacy Policy, as well as the terms therein that have been incorporated herein. The website is hosted in Germany. Accessing the website from any other region of the world may result in the application of laws, regulations, or ordinances that differ from those in Germany that govern the collection, use, or disclosure of personal data. The continued use of the website and the transfer of data to Germany constitute the customer's express consent to the transfer and processing of data in Germany. WORQROOM does not knowingly solicit or request information from individuals under 18 years of age.

13. Returns and Refunds

WORQROOM reserves the right to decline refunds at its discretion, without notice or liability to the customer. Refund requests will be reviewed on a case-by-case basis. If the customer requests a refund during the first month of use, all materials created by WORQROOM will belong to the company and may not be used by the customer in any way.

If a refund is deemed appropriate, a 25% fee will be imposed on the remaining billable period.

WORQROOM reserves the right to take legal action against the customer for violations of this section.

14. Modification

WORQROOM reserves the right to change, adapt, modify, alter, or remove any or all content on the website for any reason at its sole discretion. WORQROOM also reserves the right to modify or discontinue the website or parts thereof without notice and without liability to the customer.

15. Disruptions

WORQROOM does not guarantee that the website will be available and accessible at all times. Issues with hardware, software, or other elements may lead to interruptions, delays, or errors beyond WORQROOM's control. The customer agrees that WORQROOM is not liable for losses, damages, or inconveniences resulting from the customer's inability to access or use the website during a disruption in connection or service.

16. Applicable Law

These Terms of Use are governed by the laws of the state of Hamburg in Germany, without regard to principles of conflict of laws.

17. Disputes

Any legal action of any kind shall be initiated before the state courts in Hamburg, Germany. The parties consent to the personal jurisdiction of these courts and waive all objections to lack of personal jurisdiction and forum non conveniens in respect of the venue and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is excluded from these Terms of Use.

18. Disclaimer

The website is provided 'as is' and 'as available.' The customer agrees that the use of the website and services is solely at their own risk. To the extent permitted by law, WORQROOM expressly disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. WORQROOM makes no guarantee that the website will meet the customer's requirements, that the website will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the website will be accurate or reliable, that the quality of any products, services, information, or other material purchased or obtained by the customer through the website will meet their expectations, or that errors in the software will be corrected. If applicable law excludes or limits the warranty of warranties, some or all of the above disclaimers or limitations may not apply to the customer.

19. Limitation of Liability

To the extent permitted by law, WORQROOM shall not be liable for indirect, incidental, special, punitive, or consequential damages arising out of or in connection with the use of the website or services, including, but not limited to, lost profits, loss of data, interruption of use, damage to computer equipment or other devices or property accessing or using the website or relying on it, and damages for losses or expenses caused by viruses, spyware, trojans, or other malicious or harmful code transmitted through the website or WORQROOM's servers or networks, or by user content, suggestions, or comments of third parties, whether in contract, tort, strict liability, or otherwise, even if WORQROOM has been advised of the possibility of such damages. These limitations of liability apply even if it is found that any remedy set forth herein has failed of its essential purpose. In states or jurisdictions that do not allow limitations or exclusions of liability, WORQROOM's liability may be limited to the legally permissible minimum. The foregoing limitations of liability shall apply even if it is found that any remedy set forth herein has failed of its essential purpose.

20. Indemnification

The customer agrees to indemnify and hold WORQROOM and its parent companies, subsidiaries, partners, officers, directors, employees, consultants, agents, licensors, suppliers, and distributors (together, the 'WORQROOM Parties') harmless from any claims, suits, losses, liabilities, damages, and expenses, including reasonable attorney's fees and costs, arising out of or in connection with the use of the website or services, the violation of these Terms of Use, or the infringement of third-party rights by the customer. WORQROOM reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the customer, and in such case, the customer will cooperate with WORQROOM in defending such claims.

21. Contact Information

Questions regarding the Terms of Use should be directed to the following email address: contact@worqroom.com.