Terms & Conditions

WORKSCHOOL TERMS OF SERVICE

This terms of service (the “Terms and Conditions”) describes the terms pursuant to which WorkSchool offers you access to our WorkSchool website Stores service, and our Ecommerce Website service, applications, and tools (together the “Service”). If you reside in the United States you are contracting with WorkSchool Corp. (WorkSchool).  In this Terms and Conditions we will refer to WorkSchool as “we,” or “us.” By signing up to the WorkSchool Website you agree to all terms in this Terms and Conditions.

NOTE: Use of these Services are subject to our User Agreement and all applicable terms or policies on the WorkSchool website (including any selling limits and listing policies)

Sellers/creators choose a fee based subscription service with WorkSchool to sell their products on the WorkSchool website.

Sellers are responsible for all commission rates and subscription based fees (e.g. basic fees and optional fees,) for WorkSchool Website subscriptions which are stated in our fees below.  Registered creators/sellers are required to keep on file at all times with WorkSchool a current payment method to be used for billing.

WorkSchool recommends sellers to utilize a competitive and attractive approach in shipping, refunds, returns, cancellations, and store policies. Ultimately each seller determines their own payment methods, shipping methods, and store policies on refunds and returns. The more you develop reliable and friendly transactional procedures and engagement, the more you drive a positive buyer experience and the more likely buyers will return.

Restricted Use

You agree not to, and will not assist, encourage, or enable others to use the Services for any commercial purpose, except as expressly permitted under these Terms or to violate any applicable national, regional, federal, state, local, or international law or regulation. Additionally, you agree not to, and will not assist, encourage, or enable others to:

  • Violate these Terms or any other rules or policies posted by us which are hereby incorporated by reference.

  • Reverse engineer any portion of the Services.

  • Use the Services to violate the security of any computer network, crack passwords or security encryption codes. 

  • Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services.

  • Record, process, harvest, collect, or mine information about other users.

  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.

  • Use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, "Viruses").

  • Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service

  • Remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.

  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Services.

  • Permit direct or indirect access to or use of the Services in a way that circumvents any contractual usage limit.

  • Copy the Services or any part, feature, function, graphics or user interface thereof.

  • Frame or mirror any part of any Services, other than framing on your own internal intranets.

  • Access, retrieve, or index any portion of the Services for purposes of constructing or populating a searchable database.

Third-part website and content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. WorkSchool has no control over such sites and resources and WorkSchool is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that WorkSchool will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that WorkSchool is not liable for any loss or claim that you may have against any such third party.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services''). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Qcode’s use, storage and disclosure of information related to you and your use of such services within WorkSchool (including, but not limited to, your friend lists), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and WorkSchool shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, WorkSchool is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, WorkSchool is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. WorkSchool enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

User Representations

By using the Site, you represent and warrant that: 

(1) all registration information you submit will be true, accurate, current, and complete; 

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;

 (3) you have the legal capacity and you agree to comply with these Terms of Use;

 (4) you are not a minor in the jurisdiction in which you reside; 

(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; 

(6) you will not use the Site for any illegal or unauthorized purpose; and 

(7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User Registration 

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Marketplace Basics: As a creator, you must provide WorkSchool with any information requested in order for WorkSchool to list your Classes through its Services including but not limited to a description of the Classes and the price for the Classes. WorkSchool has sole discretion as to which Classes we list on the marketplace and we reserve the right to reject any Classes or remove Classes from the marketplace for any reason. Additionally, WorkSchool has discretion to edit Class descriptions as needed to conform them to our marketplace standards. WorkSchool has sole discretion as to which creators/teachers are accepted into the marketplace and we reserve the right to reject any potential Teacher and remove or suspend any Teacher from the marketplace for any reason. WorkSchool may, but is not required to, conduct background checks on and interviews of creators/teachers in its discretion and solely for its own benefit. As a creator/teacher, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.

Community Standards: When you join the WorkSchool community, you agree to follow our policies, including our community standards. Those expectations include thoughtful and professional communications with our community (colleagues, parents, children), modeling appropriate behavior for our learners, and acting professionally. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropriate behavior in any WorkSchool-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that WorkSchool, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on WorkSchool’s behalf without prior written authorization from WorkSchool; posts that WorkSchool, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, teachers, parents, or WorkSchool staff, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of learners, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to WorkSchool’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of WorkSchool’s community standards.


Seller Rights and Responsibilities

a.       Payment account: WorkSchool third-party payment is only available to registered sellers/creators who are approved for a payment account. With a payment account sellers can track payment amounts, refunds, and fees related to transactions. During registration, sellers must provide accurate personal and business information. Sellers/creators are responsible for maintaining and updating that information as necessary. Sellers/creators will use only personal or business name and/or account information they are legally authorized to use. Authenticating creators/seller’s information safeguards the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions. WorkSchhol and other third-parties may use public records and obtain credit reports to authenticate and approve the creators/seller's payment account. Sellers/creators authorize WorkSchool to verify the seller’s information as long as sellers have active accounts. 

Registered creators/sellers must have a valid credit card or debit card on file with WorkSchool, unless they are exempt from that requirement.

b.       Disputes: Sellers/creators please resolve any disputes directly with buyers through the dispute channels available on WorkSchool, and in accordance with our terms and conditions.

In the event a buyer submits a chargeback, WorkSchool will work with the credit card provider on behalf of the creator/. Any requested information from the creator/seller needs to be provided within 5 calendar days of the request. WorkSchool reserves the right to recover funds associated with buyer chargebacks.

c.       Communication:  Through our standard communication procedures, we will inform sellers of transactions or other information pertaining to WorkSchool services.

d.       Refunds: Refunds or adjustments paid by WorkSchool to buyers will be deducted through the seller’s payment account. If there are insufficient funds in the seller’s account, the balance will be charged to the seller’s credit card or added to the seller's WorkSchool invoice.



WorkSchool Payment Policy:

 Accepting these terms

These terms (the WorkSchool Payment Policy or the “policy”, for short) explains your rights and responsibilities when you use WorkSchool Payments on WorkSch0ol’s Services (workschool.co, workschool mobile apps, and other services as our “services”).  By using workschool Payments, you agree to the policy. By agreeing, providers/sellers enter a legally binding contract with WorkSchool Corp.

Overview

Creators/sellers through WorkSchool Payments can (a) accept payments by authorized credit and card, some bank transfers services, PayPal, Braintree, Apple Pay, and Android Pay (b) have funds credited to seller’s payment (c) have funds deposited to the creator’s/seller's bank account of choice.


Third-party Services

WorkSchool uses third-party service providers to perform services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.  

WorkSchool partners with Stripe, PayPal, and other licensed payment processors for card payments and other payments in the distribution of funds to providers/sellers. Processing times for payment to sellers will vary based on the country in which sellers are located. If there are insufficient funds in a buyer’s bank account during payment processing, WorkSchool reserves the right to contact the buyer directly in order to seek payment.

WorkSchool may share your personal or transactional information with the third-party service providers when processing payments.

By using third-party services, you may also be subject to an agreement with the third-party provider.  For example, PayPal is a third-party service provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement.  Stripe is a third-party service provided by Stripe, Inc. and is subject to the Stripe Services Agreement. We reserve the right to act to ensure compliance, if WorkSchool receives notification that your store’s activity violates a third-party service agreement. Our actions can include, temporary or indefinite account suspension, removing payment methods, canceling a transaction, and disabling listings.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Modifications and interruptions 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Payment Processing Fees

a.       Overview

WorkSchool collects a fee (payment processing fee) for each transaction through our third-party payment processors. The fee amount will be assessed on the total payment amount (including shipping and tax, if applicable). Payment processing fees will be reflected in the seller’s payment account. The payment processing fee will be deducted when payment is considered complete. Third-party payment processors reserve the right to modify the payment processing fee and any time. If any refund (partial or full) is credited back to a buyer, the payment processing fee and other applicable fees will be recalculated based on the adjusted sale prices. The difference between the original payment processing fee and the adjusted payment processing fee will be applied back to the creator/seller. Other applicable fees will be refunded to the creator’s/seller’s invoice.

b.      Fee amount. Payment processing fees. Per transactions

              Stripe Payments

 

o   Credit + Debit Cards :     2.9% + $0.30

 

o   ACH                             :    0.8%  ($5 cap)  ( charge $4 for failed ACH Payments

 

o   Disputes                     :    $15.00 fee        

 

II.          PayPal

 

o   PayPal Check              :    2.9% + $0.30

 

1. WorkSchool – Sell Your Products on WorkSchool.co

Monthly Subscription: Subscription with a one month term that automatically renews monthly.

Service begins as soon as your initial payment is processed. All WorkSchool Stores subscription fees are included on the monthly invoice.

You’ll be charged the rate stated at the time of purchase, every month, until you cancel.   

Automatic renewal is continuous, and you will be billed for each continuous subscription term at the applicable rates, which are subject to change. Your rate is subject to change.

Cancellations can be made any time by visiting My Account or by contacting the WorkSchool customer service team.

There is no early termination fee for canceling monthly subscriptions; however, to avoid automatic renewal, you must cancel your subscription at least 5 business days prior to your subscription renewal.

Yearly Subscription: Subscription with a one-year term that automatically renews yearly.

Service begins as soon as your initial payment is processed. Full payment of the stated yearly subscription rate, plus applicable taxes, is due at the time of choosing the plan.  

Automatic yearly renewal is continuous, and you will be billed for each continuous subscription term at the applicable rates, which are subject to change. Your rate is subject to change, but we’ll notify you beforehand.

If you have a yearly subscription, we’ll contact you at least 15 days prior to the end of the term of your subscription via email message to remind you that the term of your subscription will automatically renew. 

If you cancel or downgrade your yearly subscription or change from a yearly to monthly subscription before the last calendar month of your yearly subscription, you can be charged an early termination fee. In order to avoid an early termination fee, you must cancel or downgrade during the last month of your subscription.

If you are charged a termination fee, rates are calculated by multiplying the remaining months left in the subscription and the applicable monthly subscription fee. (Example: $4.99 applicable monthly subscription fee multiplied by 6 months remaining in yearly subscription agreement, $4.99 x 6 = $29.94).

Cancellations can be made by visiting My Account or by contacting the WorkSchool customer service team.

Commission Rates: Sellers pay a commission rate on each order placed. The commission rate is determined by the subscription level (please see table below for fees).

 

 




Monthly  Subscription

$7.99/mo  



Yearly Subscription      

$4.99/mo  



Commission Rate

  12%



 3. Changing your subscription

You can change your subscription at any time, including:

Changing your subscription duration

When upgrading your WorkSchool subscription level (changing to another subscription level with more benefits, or changing from a monthly to a yearly subscription of the same level).

Fees charged for your current subscription month are prorated and you will receive a credit for the unused portion.

Your upgraded subscription fee is also prorated for the current subscription month and your upgraded subscription is treated as a new subscription.

Your upgraded subscription start date and renewal date is reset based on the date you change your subscription.

There is NO early termination fee if you upgrade your subscription with the same or higher subscription duration or

if you change from a yearly subscription to a monthly subscription level with more benefits:

Fees charged for your current subscription month are prorated for current subscription month and you will receive a credit for the unused portion. Your upgraded subscription fee is prorated for the current subscription month and the subscription is treated as a new subscription. An early termination fee is charged if you cancel your yearly subscription service.

You will receive the full subscription benefits of the new subscription service immediately and every month thereafter.

Your new subscription start date and renewal date is reset based on the date you change your subscription.

If you downgrade your subscription or change your subscription level to one with fewer benefits:

If you have a yearly subscription and you downgrade to a lesser yearly subscription level prior to the last calendar month of the subscription, you will be charged an early termination fee. You will be invoiced at the current higher subscription fee rate for the calendar month during which you elect to downgrade.

You will receive subscription service benefits relating to the current higher subscription until the end of the calendar month during which you elect to downgrade.

Your new downgraded subscription benefits will be effective immediately after the calendar month, which you elect to downgrade.

You will be billed at the downgraded subscription fee level immediately after the calendar month during which you elect to downgrade.

If you have a yearly subscription and you downgrade to a lower yearly subscription level during the last calendar month of the subscription:

You will be invoiced at the current higher subscription fee service plan for the calendar month during which you request to downgrade.

You will continue to receive subscription benefits corresponding to the current higher subscription service until the end of the calendar month during which you request to downgrade.

New downgraded subscription benefits are effective immediately after the calendar month during which you elect to downgrade and you will be billed at the new downgraded subscription level you elected.

If you change your yearly subscription service to a monthly subscription service with the same or fewer benefits:

You will be billed for the current yearly subscription until the end of the calendar month. The following month, you will be billed for the applicable fee for your new monthly subscription. If this change occurs before the last calendar month of your yearly subscription, you will also be charged an early termination fee.

4.  Canceling your subscription

If you have a monthly subscription and you cancel your WorkSchool  Website after the subscription period:

You will be billed the current subscription fees for the entire calendar month during which you cancel.

You will continue to receive the subscription benefits until the end of the calendar month during which you cancel.

Starting the next calendar month, your WorkSchool Website listings will be inactive.

If you have a yearly subscription and you cancel your subscription service before the last calendar month of your subscription term:

You will be billed at the current subscription fee rate for the calendar month during which you canceled. You will continue to receive current subscription benefits until the end of the calendar month during which you canceled.  Starting the next calendar month, your WorkSchool Website listings will be inactive.

If you have a yearly subscription and you cancel your subscription service plan in the final calendar month of your subscription term:

No termination fee will be charged.

You will be billed at the current subscription fee service for the calendar month during which you canceled. You will continue to receive current subscription benefits until the end of the calendar month during which you canceled.

Starting the next calendar month, your WorkSchool Website listings will be inactive.                                                                     

Notwithstanding any other provision in Section 3 or Section 4, WorkSchool shall have the right to cancel or downgrade any free subscription offer effective immediately in regard to said cancellation or downgrade.




5Fees

You agree to all fees (e.g. basic fees, optional fees, etc.) for WorkSchool Website subscribers, which are stated on our fees pages.

6. Limitation of Liability

Under no circumstances will WorkSchooly, WorkSchool affiliates, officers, managers, or employees have any liability with respect to any claims, damages (whether direct or indirect, special, incidental, consequential, or punitive), or profit loss, as a result of your access or use of (or inability to access or use) this Website or its content, even if they have been advised of the possibility of such damages. You access and use this Website at your own risk. Furthermore, users agree not to hold WorkSchool liable or responsible for any actions or results or adverse consequences relating to errors, damages, theft, fraud, software or data destruction, loss of product, or profit loss.

7Prohibited Items

WorkSchool prohibits the sale and service of the following items:

Adult Only category

Counterfeit currency and stamps

Counterfeit Goods

Offensive Material

Stocks and other securities

Stolen Goods

Subscriptions

We may amend these Terms of Service terms at any time by posting the amended terms on www.WorkSchool.co. Our right to amend the Terms of Service includes the right to modify, add to, or remove terms. Except as stated otherwise in our User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. 

WorkSchool.co reserves the right to substitute, replace, or remove features and functionality by providing 60 days prior notice to you through WorkSchool Messages and/or by email. In addition, WorkSchool.co may update select service (s) generally at any time without notice, either on a temporary or permanent basis. Such updates may include changes to the look and feel of WorkSchool website pages or the addition of new features or functionality.

WorkSchool Corp reserves the right to cancel your website subscription at any time or decline to renew your subscription if you do not meet WorkSchool.co subscription eligibility requirements.

You acknowledge and agree that WorkSchool may, upon 30 day notice to you via email, change your WorkSchool subscription level if you don’t meet WorkSchool  current applicable subscription requirements.  

 9. The following terms shall have the following definitions:

“Administrator” means an individual to whom Customer has granted certain administrative control rights over Customer’s subscription plan, including, but not limited to, the right to view Customer Content submitted by Users.

“Application” means the Humanly web application accessible at www.humanly.io, and all other applications made available and owned by Humanly. This includes but is not limited to the Humanly websites used for candidate screening and reference checks and the Humanly widget used on third party sites.

“Customer Content” means data, text, responses, information, and other content uploaded or submitted to the Subscription Service by Customer and assigned administrators. Customer Content does not include usage or statistical information collected by Humanly related to use of the Subscription Service that does not include the actual contents of Customer Content.

“Documentation” means any written or electronic user guides, instructions, help and training materials, technical materials, or other documentation Humanly provides regarding use of the Subscription Service.

“Force Majeure Event” means any act or event that (a) prevents a Party (the “Non-performing Party”) from performing its obligations or satisfying a condition to the other Party’s (the “Performing Party”) obligations under these Terms, (b) is beyond the reasonable control of and not the fault of the Non-performing Party, and (c) the Non-performing Party has not, through commercially reasonable efforts, been able to avoid or overcome. “Force Majeure Event” does not include economic hardship, changes in market conditions, and insufficiency of funds; including without limitation, strikes, work stoppages, epidemics, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

“Intellectual Property Rights” means patent rights (including patent applications and disclosures), copyrights, moral rights, trademarks, service marks, trade secrets, rights in databases, know-how and any other intellectual property rights (including the right to protect Confidential Information, as defined in Section 11) recognized in any country or jurisdiction in the world, now or hereafter existing, and whether or not perfected, filed or recorded.

“Order” means an electronic or written order or agreement form incorporating these Terms that sets forth the commercial details of Customer’s subscription to a Humanly Subscription Service, sets forth the fees for such Subscription Service, and is signed by an authorized representative of each Party.

“Renewal Term” has the meaning set forth in Section 7.1.

“Software” means all computer software underlying the Subscription Service, including, without limitation, software (in object or source code form), programming code, scripts, and HTML code contained in the Subscription Service.

“Subscription Service” means Humanly’s proprietary candidate screening, scheduling and engagement service, as well as reference check service, made available via the Application, together with any updates, upgrades, fixes and enhancements thereto, as specified in the Order. Without limiting the foregoing, Subscription Service includes the Software (defined below) and Documentation.

“User Content” means data, text, responses, information, and other content uploaded or submitted to the Subscription Service by Users. User Content does not include usage or statistical information collected by WorkSchool related to use of the Subscription Service that does not include the actual contents of User Content.

“Users” means an individual - in most cases a job candidate - using the Subscription Service for the purpose of submitting User Content, including, but not limited to, screening question responses and resume data.

All terms may change at any time in accordance with our User Terms and Conditions.

These terms are in addition to any other applicable terms or policies on the WorkSchool website. 

Version 1.1- Last updated: Dec, 2021