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Terms of Service

Effective: September 13, 2026  ·  Last updated: September 13, 2026

The short version

This summary is for orientation only. The numbered sections below are the agreement.

1.Agreement to these terms

These Terms of Service (the "Terms") are a binding contract between WorkMark ("WorkMark", "we", "us") and the business that creates an account ("you", "your", the "Subscriber"). WorkMark is operated from Orange County, California, United States.

By creating an account, signing in, or using the service in any way — including during a free trial — you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not accept them, do not use WorkMark.

If you are accepting on behalf of a company, you represent that you have authority to bind that company, and "you" means the company.

Read these in particular

Section 19 disclaims warranties. Section 20 limits our liability. Section 25 requires most disputes to be resolved by individual arbitration and waives your right to a jury trial and to take part in a class action — with a 30-day opt-out.

2.Who may use WorkMark

You may use WorkMark only if you are at least 18 years old, are using it for business purposes on behalf of a trade contracting business, are located in the United States, and are not barred from using it under United States law. WorkMark is not a consumer product and is not offered to consumers.

3.Definitions

4.Accounts, seats and your users

You are responsible for everything that happens under your account. That includes:

Roles inside the Service (owner, manager, office manager, dispatcher, sales, technician, viewer) control what each person can see and do. Setting them correctly is your responsibility.

Seats are counted by the Service. If the number of active users exceeds the number included in your plan, the additional seats are billed at the published extra-seat rate. You may reduce seats at any time; reductions take effect at the start of the next billing period and do not produce a refund for the current one.

5.Free trial

New accounts may be offered a free trial of 14 days. A valid payment method is required to start a trial. You are not charged during the trial.

The trial converts to a paid subscription automatically. Unless you cancel before the trial ends, the plan and billing term you selected when you started the trial begin at the end of the 14 days, and the payment method on file is charged the amount shown to you at checkout — for a three-year term, that is the full three-year amount, charged once. The date and the amount of that first charge are shown in the Service under Settings → Billing throughout the trial.

You may cancel at any time during the trial at no cost, from Settings → Billing inside the Service, which takes you to our payment provider's cancellation page; or by emailing contact@workmark.app before the trial ends. Cancelling during the trial means you are never charged. Cancelling after the trial has converted is governed by section 6.

Data created during a trial is retained under the schedule in section 18. Trials are one per business, and we may withdraw or shorten a trial at our discretion.

6.Plans, fees and automatic renewal

Current plans, seat allowances and prices are shown at workmark.app/#pricing and are part of these Terms.

Automatic renewal. Your subscription renews automatically at the end of each Subscription Term — a monthly plan every month, an annual plan every year, a three-year plan every three years — and your payment method is charged the then-current rate for your plan and seat count, until you cancel. You may cancel at any time, effective at the end of the current term, from Settings → Billing in the app or by emailing contact@workmark.app. Cancelling stops the next charge; it does not refund the term you are in.

Terms longer than one year. A three-year plan is paid once, in advance, for thirty-six months. Before it renews we will email you a reminder at least 30 days and not more than 60 days beforehand, stating the renewal date and the amount, so a renewal three years away is never the first you hear of it.

7.Cancellation

You may cancel at any time, with no cancellation fee and no notice period. Cancellation takes effect at the end of the term you have already paid for; you keep full access until then. After that, see section 18 for what happens to your data.

8.Your data, and the licence you give us

You own your Customer Data. Nothing in these Terms transfers ownership of it to us, and we claim no rights in it beyond what is needed to run the Service.

You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display and reformat Customer Data, and to make backups of it, for the sole purpose of providing, maintaining and supporting the Service, and as otherwise instructed by you. This licence ends when the data is deleted.

We will not sell your Customer Data, use it to advertise to anyone, disclose it to a third party except the service providers listed in our Privacy Policy, or use it to train machine-learning models.

We may generate aggregated, de-identified statistics about how the Service is used — for example, how long an average inspection takes — and use them to improve and describe the product. Such statistics never identify you, your users or your End Customers, and we will not attempt to re-identify them.

You can export your data at any time from inside the Service.

9.Your responsibilities for Customer Data

You represent and warrant, on a continuing basis, that:

10.WorkMark is software, not a contractor

This one matters

WorkMark records what your technician enters and formats it. That is the whole of what it does. We do not inspect equipment, we do not verify readings, we do not check your findings, we do not price work, we do not assess whether a recommendation is correct, and we do not review anything for compliance with building codes, licensing rules, manufacturer specifications or consumer-protection law.

11.Quotes, approvals and electronic records

The Service lets an End Customer select an option on a quote, and records that selection with a timestamp. That record is a convenience for you and evidence of what was chosen; we make no representation that it constitutes a binding contract, a valid electronic signature, or compliance with any law governing home-improvement contracts — in California, that includes the Business and Professions Code requirements for home improvement contracts. Whether and how an approval becomes a contract is a matter between you, your customer and your lawyer.

You are responsible for issuing whatever written contract, notice of cancellation right, or disclosure your jurisdiction requires.

12.Acceptable use

You may not, and may not permit anyone else to:

13.Our intellectual property

The Service, its software, design, text, graphics, checklist structures, report layouts and the WorkMark name and logo are owned by us and protected by intellectual property law. Subject to these Terms and payment of your fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your own business during your Subscription Term. No other rights are granted, expressly or by implication.

If you send us feedback, suggestions or feature requests, we may use them freely and without obligation or compensation to you. You are not required to send us any.

14.Third-party services

The Service depends on providers we do not control — principally Google Cloud and Firebase for hosting and storage, and Paddle for payments. Your use of the Service is subject to their availability and their terms. We are not responsible for their acts, omissions, outages, price changes, security failures, or decisions to discontinue a product, and an interruption caused by one of them is covered by section 22.

Where the Service links to a third party — a financing provider, a manufacturer's documentation, a mapping service — we do not endorse it and are not responsible for it.

15.Availability, support and changes

We aim to keep WorkMark available at all times and we work hard at it. We do not, however, promise any particular level of uptime, and there is no service-level agreement attached to these Terms. The Service may be unavailable for maintenance, updates, or reasons outside our control.

Support is provided by email at contact@workmark.app during United States business days, at the level described for your plan on the pricing page. We do not guarantee a response time.

We may add, change, or remove features. If we remove or materially degrade a feature you rely on, we will give at least 30 days' notice where practicable. Features labelled beta, preview or experimental are provided as is, may change without notice, and may be withdrawn.

16.Backups and data loss

Keep your own copies

We maintain backups as part of running the Service, but we do not promise to be able to restore your data, and you should not rely on us as your only copy. Export your records regularly using the export function in the app and keep the export somewhere you control.

Data can be lost for reasons that have nothing to do with us: a user deletes it, a device fails before an offline change syncs, an account is compromised, or a provider we depend on loses it. Some functions in the Service — deleting a report, deleting a company, "Clear all data" — are irreversible by design, and we cannot undo them for you.

Subject to section 20, we are not liable for loss, corruption or unavailability of Customer Data.

17.Security incidents

We implement reasonable and appropriate technical and organisational measures to protect the Service, described in our Privacy Policy. No system is perfectly secure and we do not warrant that the Service will be free from unauthorised access.

If we become aware of a security incident affecting your Customer Data, we will notify you without undue delay, tell you what we know, and give you the information you reasonably need to meet your own notification obligations to your End Customers, regulators and insurers. As between us, you are responsible for notifying your End Customers, because the relationship is yours.

You must tell us promptly if you become aware of a security problem affecting your account.

18.Suspension and termination

You may stop using the Service and cancel at any time (section 7).

We may suspend or terminate your access, with notice where practicable and immediately where it is not, if you fail to pay after the grace period, breach these Terms, use the Service in a way that threatens its security or stability or harms another subscriber, or if we are required to by law. We may also discontinue the Service entirely on 90 days' notice, in which case we will refund the unused portion of any prepaid fees.

When your account ends, for any reason:

Sections 8 (as to ownership), 10, 13, 16, 19, 20, 21, 23, 24, 25, 26, 27 and 29 survive termination.

19.Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKMARK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WORKMARK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA WILL NOT BE LOST, ALTERED OR MADE UNAVAILABLE; OR THAT ANY REPORT, QUOTE, CALCULATION, TEMPLATE, SUGGESTED WORDING OR OTHER OUTPUT IS ACCURATE, COMPLETE, CURRENT OR SUITABLE FOR ANY PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM WORKMARK CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

20.Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKMARK AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, CUSTOMERS, CONTRACTS, ANTICIPATED SAVINGS OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WORKMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WORKMARK'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU ACTUALLY PAID TO WORKMARK IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

THESE LIMITS APPLY IN PARTICULAR TO CLAIMS ARISING FROM DOWNTIME, LOSS OR CORRUPTION OF DATA, UNAUTHORISED ACCESS TO DATA, ERRORS IN ANY REPORT OR QUOTE, RELIANCE ON ANY OUTPUT OF THE SERVICE, ACTS OR OMISSIONS OF YOUR USERS OR END CUSTOMERS, AND ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS.

THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING LIABILITY FOR FRAUD, WILFUL INJURY, OR VIOLATION OF LAW UNDER CALIFORNIA CIVIL CODE SECTION 1668.

You acknowledge that the fees for the Service reflect this allocation of risk, that WorkMark would not provide the Service on these prices without it, and that this section is a fundamental basis of the bargain between us.

21.Indemnification

You will defend, indemnify and hold harmless WorkMark and its owners, officers, employees and contractors from and against any claim, demand, proceeding, loss, liability, damage, penalty, cost or expense — including reasonable legal fees — arising out of or relating to:

We will notify you of any such claim, give you control of the defence (except that you may not settle in a way that admits fault on our part or imposes an obligation on us without our written consent), and cooperate at your expense.

22.Events beyond our control

Neither party is liable for any failure or delay in performance — other than an obligation to pay money already due — caused by an event beyond its reasonable control. Such events include, without limitation:

The affected party will use reasonable efforts to resume performance and will keep the other informed. If such an event prevents us from providing the Service for more than 30 consecutive days, either party may terminate on written notice, and we will refund the unused portion of any prepaid fees.

23.Export controls and sanctions

The Service is subject to United States export control and economic sanctions laws. You represent that you are not located in, organised under the laws of, or ordinarily resident in a country or region subject to comprehensive United States sanctions; that you are not a person listed on any United States government restricted-party list, including the Specially Designated Nationals list maintained by the Office of Foreign Assets Control; and that you are not owned or controlled by such a person. You will not make the Service available to any such person or region. We may suspend or terminate access immediately if we believe this section is breached.

24.Confidentiality

Each party may receive information the other treats as confidential. Each will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and disclose it only to people who need it and are bound to keep it confidential. This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or is lawfully received from a third party. A party may disclose confidential information if compelled by law, after giving the other reasonable notice where permitted. Your Customer Data is your confidential information.

25.Disputes, arbitration and class action waiver

Please read — this affects how disputes are resolved

This section requires most disputes to go to individual arbitration rather than court, and waives jury trials and class actions. You may opt out within 30 days and nothing else in these Terms changes if you do.

25.1 Talk to us first. Before starting any formal proceeding, send a written description of the dispute and the relief you want to contact@workmark.app. We will do the same for any dispute we have with you. The parties will try in good faith to resolve it for 30 days. This step is a condition of starting arbitration.

25.2 Arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Service, including its formation, interpretation, breach, termination, enforceability, or the validity of this section, that is not resolved under 25.1 will be settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, before a single arbitrator, seated in Orange County, California. Hearings may be conducted by video. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

25.3 Class action waiver. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WORKMARK EACH WAIVE ANY RIGHT TO A TRIAL BY JURY. IF THIS PARAGRAPH IS FOUND UNENFORCEABLE, THE ENTIRETY OF SECTION 25.2 IS NULL AND VOID AND THE DISPUTE PROCEEDS IN THE COURTS IDENTIFIED IN SECTION 26.

25.4 Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information, without first using 25.1 or 25.2.

25.5 How to opt out. You may reject this arbitration agreement by emailing contact@workmark.app with the subject line "Arbitration Opt-Out", stating your company name and the email address on the account, within 30 days of first accepting these Terms. Opting out affects nothing else in this agreement and will not be held against you.

25.6 Costs. Each party pays its own legal fees unless the arbitrator awards otherwise under applicable law. Filing and administrative fees are allocated under the JAMS rules; if the arbitrator finds those fees would be prohibitive compared with litigation, we will pay the amount the arbitrator considers necessary to prevent that.

26.Governing law and venue

These Terms and any dispute arising from them are governed by the laws of the State of California, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. For any dispute not subject to arbitration, the parties submit to the exclusive jurisdiction of the state and federal courts located in Orange County, California, and waive any objection to that venue.

27.Time limit on claims

Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after it arises, or it is permanently barred, to the extent the law permits such a limit.

28.Changes to these terms

We may update these Terms. The "Last updated" date at the top always reflects the current version. For material changes we will give at least 30 days' notice by email or in the app before they take effect. Continuing to use the Service after that means you accept the updated Terms; if you do not, cancel before they take effect. Changes to section 25 do not apply retroactively to a dispute of which we already had notice.

29.General

30.Copyright complaints

If you believe material on the Service infringes your copyright, send a notice under the Digital Millennium Copyright Act to contact@workmark.app identifying the work, the material and its location, your contact details, a statement of good-faith belief that the use is unauthorised, a statement under penalty of perjury that the notice is accurate and you are authorised to act, and your signature. We remove infringing material and terminate repeat infringers.

31.Contact

contact@workmark.app

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