WorkerKit Terms of Service

The agreement you accept when you use WorkerKit, including what a worker may do in your connected accounts and who is responsible for it.

Last Updated: August 3, 2026
Version: 1.0

Welcome to WorkerKit. WorkerKit ("WorkerKit," "we," "us," or "our") operates the website at https://workerkit.ai and our related websites, applications, APIs, runtimes, and services (collectively, the "Service").

These Terms of Service are a legally binding contract between you and WorkerKit governing your use of the Service.

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING "I ACCEPT," BY CREATING AN ACCOUNT, OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, TOGETHER WITH THE WORKERKIT PRIVACY POLICY AND ANY OTHER DOCUMENT EXPRESSLY INCORPORATED BY REFERENCE (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT AGREE, YOU DO NOT HAVE PERMISSION TO USE THE SERVICE.
SECTION 7 IS IMPORTANT. The Service lets software agents ("Workers") take real actions inside accounts you connect, including actions that cannot be undone. You are responsible for those actions. Read Section 7 before you connect anything.
SECTION 4 IS IMPORTANT. Kits in the WorkerKit directory are published by third parties. WorkerKit does not write, review, test, or verify them. Read Section 4 before you install one.
DISPUTES ARE RESOLVED BY BINDING ARBITRATION. These Terms provide that disputes between you and WorkerKit will be resolved by BINDING INDIVIDUAL ARBITRATION in Austin, Texas. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT, except for matters that may be taken to small claims court and the other exceptions listed. Your rights will be determined by a NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, and your claims CANNOT BE BROUGHT AS A CLASS ACTION. See Section 26. You may opt out of arbitration within 30 days of first accepting these Terms. See Section 26.9.

1. Service Overview and Definitions

1.1 What the Service Does

WorkerKit provides a directory of pre-built AI agent configurations ("Kits"), a mechanism for you to authorize the Service to access accounts you hold with third-party applications ("Connected Accounts"), and runtimes in which configured agents ("Workers") execute tasks against those Connected Accounts.

1.2 Definitions

1.3 Changes to the Service

We may add, modify, suspend, or remove any part of the Service, including any Kit, Model, App Provider integration, runtime, or feature, at any time, with or without notice. We may impose or change usage limits, rate limits, quotas, and technical restrictions at any time.

2. Eligibility and Territorial Scope

2.1 Age

You must be at least 18 years of age and capable of forming a binding contract to use the Service. The Service is a commercial tool that takes actions inside accounts holding real data, and we do not make it available to minors.

2.2 The Service Is Offered Only in the United States

WorkerKit offers the Service solely in and to persons and entities located in the United States. The Service is not offered, marketed, directed, targeted, or made available to any person or entity outside the United States, and specifically is not offered or directed to any person in the European Economic Area, the United Kingdom, or Switzerland.

The Service is provided in English only, priced and billed in U.S. dollars only, and operated from Austin, Texas. We do not target, solicit, market to, or intend to serve users outside the United States, and the mere accessibility of the Site from outside the United States is not an offering of the Service in any other jurisdiction.

2.3 Your Representations

By agreeing to these Terms you represent and warrant that:

(a) you are at least 18 years old;
(b) you are located in, and if an individual are a resident of, the United States, and you will not access or use the Service from outside the United States;
(c) if you are using the Service on behalf of an entity, that entity is organized under the laws of a U.S. jurisdiction and has its principal place of business in the United States;
(d) you have not previously been suspended or removed from the Service;
(e) your registration and use of the Service complies with all applicable laws and regulations, including those of any jurisdiction from which you access it; and
(f) if you are using the Service on behalf of an entity, you have authority to bind that entity to these Terms, and "you" refers to both you and that entity.

2.4 Use From Outside the United States Is Prohibited and Is at Your Own Risk

Access to or use of the Service from outside the United States is a breach of these Terms and is not authorized. If you access the Service from outside the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with all local laws, including data protection, privacy, export, consumer protection, and AI laws applicable where you are located.

We make no representation that the Service, its content, or its data practices comply with the laws of any jurisdiction outside the United States, and we expressly disclaim any obligation to do so. We may block, suspend, restrict, or terminate access from any jurisdiction at any time, and we may require verification of your location.

2.5 Entity Authority

Nothing in this Section limits Section 23 (Export Control, Sanctions, and Restricted Access).

3. Accounts, Organizations, and Authorized Users

3.1 Registration

You must register for an account to use most features. You agree that the information you provide is accurate and that you will keep it accurate and current. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account, whether or not authorized by you. Notify us immediately at security@workerkit.ai if you believe your account has been compromised.

3.2 Organizational Accounts

The Service supports individual accounts and Organizational Accounts. An Organizational Account is administered by an Admin User who may invite Authorized Users and who configures the Organizational Account's settings, which may include without limitation which Kits may be installed, which Connected Accounts may be authorized, which Models may be selected, logging and retention settings, network and access controls, redaction rules, and permitted runtimes.

If you are an Admin User: you are responsible for the configuration you choose, for the Authorized Users you invite, and for all acts and omissions of your Authorized Users. You represent that you have authority to bind your organization and to authorize access to the Connected Accounts you connect on its behalf.

If you are an Authorized User: you may use the Service only as configured by your Admin User. Your Admin User may access, monitor, modify, export, suspend, and delete your activity, configurations, Connected Accounts, logs, and User Content within the Organizational Account. As between you and us, the organization owns and controls the Organizational Account.

3.3 One Account Per User

You may not create multiple accounts to circumvent usage limits, rate limits, free tier allowances, or any suspension or termination.

4. The Kit Directory

This Section is the most important thing to understand about the Service.

4.1 WorkerKit Is a Conduit, Not a Publisher

Kits are created and published by Kit Creators, who are independent third parties. Except for Kits we expressly and in writing identify as authored by WorkerKit:

WorkerKit does not author, write, review, audit, test, verify, validate, certify, approve, endorse, guarantee, or control any Kit.

We do not inspect a Kit's instructions, code, logic, tool use, data handling, or behavior before making it available, and we have no obligation to do so.

4.2 Kit Metadata Is Declared by the Kit Creator and Is Not Verified

Each Kit displays information including a statement of the job it performs, the App Providers it requests access to, the permissions and scopes it requests, and other descriptive metadata (collectively, "Kit Metadata").

All Kit Metadata is supplied by the Kit Creator. WorkerKit does not verify that Kit Metadata is accurate, complete, or current, and does not represent that a Kit does only what its Kit Metadata says, accesses only what its Kit Metadata discloses, or behaves consistently with its stated purpose.

Any display, categorization, ranking, search placement, badge, count, rating, reliability indicator, performance statistic, or ordering of Kits in the directory is provided for convenience only and is not a representation, warranty, recommendation, or endorsement by WorkerKit, and does not indicate that a Kit has been reviewed. Statistics, rankings, and Outcome Scores we publish are generated automatically from observed activity, as described in Sections 10.7(d) and 10.7(h), and favorable metrics do not mean a Kit is safe, correct, well-behaved, or suitable for you. An Outcome Score measures a Kit against the job stated in its own unverified Kit Metadata.

4.3 Your Installation of a Kit Is a Transaction With the Kit Creator

When you install, configure, or run a Kit, you enter into a relationship with the Kit Creator. Each Kit is made available to you AS IS and AS AVAILABLE by its Kit Creator, and not by WorkerKit. WorkerKit is not a party to that relationship and disclaims all liability arising from it. Any dispute concerning a Kit is between you and the Kit Creator.

4.4 You Are Responsible for Evaluating Kits

Before installing or running any Kit, you are solely responsible for:

(a) reviewing what the Kit does and what it requests access to;
(b) determining whether the Kit is appropriate for your data, your accounts, your organization, and your legal, security, privacy, and compliance requirements;
(c) granting only the Connected Accounts and permissions the Kit actually needs;
(d) testing the Kit against non-production data and non-critical accounts before granting it access to anything you cannot afford to lose; and
(e) monitoring the Kit's behavior on an ongoing basis.

4.5 Right to Monitor Without Obligation to Monitor

We have no obligation to monitor, screen, review, or moderate Kits, Kit Metadata, or Worker activity. We reserve the right, but assume no duty, to do so, and to remove, delist, suspend, restrict, disable, quarantine, or modify any Kit at any time, for any reason or no reason, with or without notice. Our exercise or non-exercise of that right does not create any duty to you and does not make us a publisher of, or responsible for, any Kit.

4.6 No Support for Third-Party Kits

WorkerKit provides no support, maintenance, updates, bug fixes, or security patches for Kits published by Kit Creators. Support for a Kit, if any, is provided by its Kit Creator.

5. Kit Creator Terms

This Section applies to you when you publish, submit, or make available a Kit through the Service. It applies in addition to all other Sections.

5.1 License You Grant to WorkerKit

You grant WorkerKit a worldwide, non-exclusive, royalty-free, fully paid, transferable license, with the right to sublicense, to host, store, cache, reproduce, transmit, display, perform, distribute, index, catalog, excerpt, publicly display Kit Metadata, and otherwise make your Kit available through the Service, and to modify it solely for formatting, packaging, security remediation, and technical compatibility purposes. This license is granted for as long as your Kit is available through the Service and for a commercially reasonable period afterward to complete removal from backups and caches.

5.2 License You Grant to Users

You grant each user who installs your Kit a non-exclusive, worldwide, royalty-free license to use, execute, configure, and run your Kit through the Service, on the terms you specify and, absent conflicting terms you supply and that the user accepts, on the terms of these Terms.

5.3 Kit Creator Representations and Warranties

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

(a) Rights. You are the creator and owner of your Kit, or you have all necessary licenses, rights, consents, and permissions to grant the licenses in Sections 5.1 and 5.2 and to make the Kit available through the Service.

(b) Non-infringement. Your Kit, and its use as contemplated by these Terms, does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or other intellectual or proprietary right, and does not defame, libel, or invade the privacy or publicity rights of any person.

(c) Accurate disclosure. Your Kit Metadata accurately and completely describes what the Kit does, every App Provider it accesses, every permission and scope it requests, every category of data it reads or writes, every destination to which it transmits data, and any action it takes that is destructive, irreversible, financial, or communicative on the user's behalf.

(d) Least privilege. Your Kit requests only the permissions and scopes reasonably necessary for its stated purpose.

(e) No malicious or covert behavior. Your Kit does not and will not contain or introduce any virus, worm, trojan, backdoor, logic bomb, time bomb, credential harvester, keylogger, cryptominer, or other malicious or unauthorized code or functionality; does not attempt to escalate privileges, escape its runtime, access resources outside its declared scopes, or interfere with the Service or other users; and does not collect, log, transmit, retain, or exfiltrate any user data, Credentials, Inputs, or Outputs to you or to any third party except as expressly and prominently disclosed in the Kit Metadata and consented to by the user.

(f) Provider compliance. Your Kit complies with the Provider Terms of every App Provider it accesses and the Model Terms of every Model it invokes or recommends, and does not cause or encourage users or WorkerKit to breach them.

(g) Legal compliance. Your Kit and its intended use comply with all applicable laws and regulations, including those governing privacy, data protection, communications, marketing, consumer protection, financial services, employment, and export control.

(h) No prohibited use. Your Kit is not designed for, and you do not market it for, any use prohibited under Section 11.

5.4 Kit Creator Indemnity

You will defend, indemnify, and hold harmless the WorkerKit Entities (as defined in Section 19) and, separately, each user who installs or runs your Kit, from and against any and all claims, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your Kit; (b) any breach or alleged breach of Section 5.3; (c) any action taken or omitted by a Worker running your Kit; (d) any access to, use of, modification of, disclosure of, or damage to any Connected Account, Credential, or user data by or through your Kit; (e) your violation of any Provider Terms, Model Terms, or applicable law; or (f) any dispute between you and a user, App Provider, Model Provider, or other third party relating to your Kit.

Users are intended third-party beneficiaries of this Section 5.4 and may enforce it directly against you.

5.5 No Compensation at This Time; Reserved Right to Introduce Paid Kits

Kits are currently made available at no charge and Kit Creators receive no compensation from WorkerKit. We reserve the right to introduce paid Kits, subscription Kits, revenue sharing, marketplace fees, payout mechanics, and related programs at any time. If we do, we will publish the applicable program terms and provide notice as described in Section 15, and your continued listing of a Kit after the effective date of those terms constitutes your acceptance of them. You are not entitled to any share of Service revenue, Wallet revenue, subscription revenue, or any other amounts unless and until a written program expressly provides otherwise.

5.6 Analytics and Publication of Kit Metrics

You agree that we may collect, generate, analyze, and publish aggregated and de-identified statistics about your Kit, including install counts, run counts, success and failure rates, error categories, latency, cost, and comparative rankings against other Kits, as described in Section 10.7. We may publish these whether or not they are favorable to your Kit, and we may use them to decide whether to display, rank, restrict, or remove it.

This includes Outcome Scores measuring whether your Kit succeeded at the job your Kit Metadata says it performs, reported in aggregate and by Model pairing. You acknowledge that Outcome Scores are automated estimates, that they are measured against the job you yourself declared, and that they may be wrong.

We do not warrant the accuracy or methodology of any metric or Outcome Score published about your Kit, and we have no liability to you arising from any such metric, its publication, its accuracy, or its effect on your Kit's visibility, installs, ranking, or reputation. Your remedy for a metric you believe is inaccurate is to correct your Kit or its Kit Metadata, or to withdraw the Kit. You will receive analytics about your own Kits as described in Section 10.7(i).

5.7 No Obligation to List; Removal

We are under no obligation to accept, list, display, promote, or continue to make available any Kit. We may remove, delist, restrict, suspend, quarantine, or refuse any Kit at any time, for any reason or no reason, with or without notice, and without liability to you or to any user.

5.8 Independent Relationship

You are an independent third party. Nothing in these Terms creates any employment, agency, partnership, joint venture, franchise, or fiduciary relationship between you and WorkerKit. You have no authority to bind WorkerKit or to make any representation on its behalf, and you will not represent that your Kit is authored, endorsed, certified, reviewed, or supported by WorkerKit.

5.9 Support Obligation

You are solely responsible for supporting your Kit and for responding to user reports concerning it, including security reports. You will promptly remediate or withdraw any Kit you know or reasonably should know is defective, insecure, non-compliant, or inaccurately described.

6. Connected Accounts and Credentials

6.1 Your Authorization

The Service connects to accounts you hold with App Providers. You initiate each connection, you select the permissions granted, and you may revoke a connection through the Service or through the App Provider at any time.

6.2 Your Representations Regarding Connected Accounts

You represent, warrant, and covenant, on a continuing basis, that for every Connected Account you authorize:

(a) you own the account, or you have the full right and authority from the account owner and from your organization to connect it to the Service and to permit Workers to read from and write to it;
(b) you have all rights, consents, licenses, and permissions necessary for the Service, Kits, Workers, Models, and Model Providers to access, process, transmit, store, and act upon the data in that account, including any consents required from your employees, customers, contacts, or other data subjects whose personal data is in that account;
(c) your connection and use complies with the applicable Provider Terms, and you have reviewed those Provider Terms;
(d) your connection and use complies with all applicable laws, including data protection, privacy, confidentiality, communications, and sector-specific laws; and
(e) you have granted only the permissions and scopes you intend to grant.

6.3 Scope Is Your Decision

You choose what each Kit and Worker can read and write. WorkerKit does not decide, limit, or validate the scope of access you grant. A permission you grant may allow a Worker to read, modify, delete, send, share, transmit, or permanently destroy data in the Connected Account. Grant the narrowest scope that accomplishes your purpose.

6.4 Configurable Controls Are Tools, Not Guarantees

The Service may offer configurable controls including access rules, network and IP restrictions, redaction rules, contact rules, approval requirements, logging, and revocation. These controls are tools you configure and operate. You are solely responsible for configuring them correctly and for verifying that they behave as you intend.

WorkerKit does not warrant, represent, or guarantee that any control will prevent any particular disclosure, action, access, loss, corruption, or outcome. No control is a substitute for scoping access appropriately, testing before production use, and monitoring Worker behavior.

6.5 WorkerKit Acts at Your Direction

In accessing Connected Accounts, WorkerKit acts solely as a technical intermediary executing the configuration and instructions you supply. We do not independently determine what data to access, what actions to take, or when to take them. Nothing in these Terms creates an agency, fiduciary, partnership, employment, advisory, or professional relationship between you and WorkerKit, or makes us responsible for the consequences of the configuration you choose.

6.6 App Provider Relationships and Actions

Your relationship with each App Provider is solely between you and that App Provider. You hold the account, you accepted that provider's terms, and data flows to and from it at your direction under the scopes you granted. App Providers act on your instructions through the Service, not on ours, and are not our service providers or subprocessors.

WorkerKit does not control App Providers and makes no representation or warranty regarding their availability, uptime, functionality, API stability, data handling, retention, security, pricing, or continued willingness to permit access through the Service.

Without limitation, we are not responsible or liable for: an App Provider changing, deprecating, rate-limiting, or discontinuing its API; an App Provider suspending, restricting, or terminating your account or your access for any reason, including as a result of activity conducted through the Service; an App Provider's security incident; or any loss, corruption, deletion, or disclosure of data occurring in or through a Connected Account.

App Providers are intended third-party beneficiaries of Sections 6.2, 6.6, 11, 19, and 21.

6.7 Revocation and Its Consequences

You may revoke a connection at any time. Revocation may cause Workers to fail, to behave unexpectedly, or to stop mid-task, potentially leaving work partially completed. You are responsible for the consequences of revoking access while Workers are configured or running. Revocation does not undo actions already taken and does not by itself delete data previously processed. See the Privacy Policy for our Credential deletion practices.

6.8 Credential Handling

We store and transmit Credentials using the technical measures described in our Documentation and Privacy Policy. Those measures are described in Section 2.3 and Section 7 of the Privacy Policy and, where applicable, in the Data Processing Agreement. You acknowledge that no method of storage or transmission is completely secure and that we do not guarantee the security of Credentials against all threats. See Section 20.

6.9 User-Added Integrations, MCP Servers, and Other Third-Party Services

The Service allows you to add, register, and connect third-party services that we did not select, supply, or onboard, including Model Context Protocol ("MCP") servers, gateways, webhooks, endpoints, tools, and other integrations that you, your organization, or a third party you choose operates or provides (each, a "User-Added Integration").

A User-Added Integration is your integration, not ours. Everything in this Section 6 that applies to a Connected Account and to an App Provider applies equally to a User-Added Integration and its operator. In addition:

(a) You choose it, you connect it, and you decide what it may reach. We do not select, review, test, verify, audit, monitor, certify, or endorse any User-Added Integration, its operator, its code, its tools, or its data practices. Its availability through the Service, its presence in any list or catalog, and any assistance we provide in connecting it are not a review, a recommendation, or an endorsement.

(b) You represent and warrant that you are authorized to connect it, that you have reviewed its operator's terms and privacy practices, and that your use of it complies with those terms and with applicable law.

(c) Data leaves the Service at your direction. What a User-Added Integration and its operator do with data a Worker sends to it, including retention, further disclosure, and use for training, is governed by that operator's terms and not by these Terms or our Privacy Policy. We have no visibility into and no control over it.

(d) A User-Added Integration can supply instructions to your Worker. An integration you connect may return content, tool definitions, and instructions that a Worker acts on. That is an adversarial input path, including prompt injection, and connecting the integration is your acceptance of that risk. Connect only integrations you trust with the access you give them.

(e) The WorkerKit Entities are not responsible or liable for any User-Added Integration, including its availability, uptime, functionality, security, accuracy, legality, data handling, retention, or conduct, or for any loss, corruption, deletion, disclosure, or unauthorized access to or through it, or for any action a Worker takes in reliance on it.

(f) We may block, disable, or remove the ability to connect any User-Added Integration at any time, including for security, legal, abuse, or provider-compliance reasons, with or without notice.

If you are not prepared to take responsibility for an integration and for everything it can reach, do not connect it.

7. Workers, Runtimes, and Autonomous Action

READ THIS SECTION. IT ALLOCATES RESPONSIBILITY FOR WHAT WORKERS ACTUALLY DO.

7.1 Workers Take Real Actions

A Worker is autonomous software. Once configured, it may read, create, modify, delete, send, publish, share, schedule, purchase, transmit, or otherwise act upon data and systems in your Connected Accounts, on a schedule or on demand, without a human reviewing each action before it occurs.

Some of those actions are irreversible. Messages sent cannot be unsent. Records deleted may not be recoverable. Data disclosed to a third party cannot be recalled.

You are solely responsible for every action taken by any Worker running under your account or your Organizational Account, whether or not you anticipated, intended, reviewed, or approved that specific action.

7.2 Self-Managed Runtime

You may run Workers in your own infrastructure. When you do, WorkerKit supplies software and configuration only. We do not operate, host, monitor, secure, control, or have visibility into your runtime. All software provided for a Self-Managed Runtime is provided AS IS and AS AVAILABLE under Section 20, and we have no responsibility or liability whatsoever for the operation, configuration, security, availability, resource consumption, or output of a Self-Managed Runtime, or for anything a Worker does within it.

7.3 Hosted Harness

You may instead run Workers in the Hosted Harness. When you do, WorkerKit executes the Worker solely as you have configured it, on the schedule or trigger you have set, using the Model you have selected, against the Connected Accounts you have authorized. We do not review, approve, supervise, second-guess, or intervene in individual Worker actions, and we have no obligation to do so.

Use of the Hosted Harness requires a funded Wallet as described in Section 9.3, and is subject to the usage limits, rate limits, and quotas applicable to your plan.

7.4 Non-Determinism

Workers rely on generative Models, which are probabilistic and non-deterministic. The same Kit, the same configuration, and the same data may produce different actions on different runs. Outputs may be inaccurate, incomplete, fabricated, biased, offensive, or unsuitable. We do not warrant that any Worker will behave consistently, correctly, predictably, or in accordance with its Kit Metadata.

7.5 Prompt Injection and Adversarial Content

You acknowledge and accept the following risk. A Worker reads content from your Connected Accounts and from other sources. That content may contain text, markup, metadata, or instructions crafted by a third party to manipulate the Worker into taking actions you did not intend, including disclosing data, sending communications, modifying or deleting records, or granting access. This is commonly called prompt injection.

This risk is inherent to all systems in which a language model processes untrusted content and also holds the ability to act. It cannot be fully eliminated by WorkerKit, by any Kit Creator, by any Model Provider, or by any control offered through the Service.

You are solely responsible for assessing this risk against your own environment, for limiting the scope and blast radius of every Worker accordingly, and for the consequences if a Worker is manipulated. WorkerKit disclaims all liability arising from prompt injection or any other adversarial manipulation of a Worker, Kit, or Model.

7.6 Your Operational Responsibilities

You are solely responsible for:

(a) scoping each Worker's access to the minimum necessary;
(b) testing each Worker against non-production data before granting production access;
(c) implementing human review, approval gates, dry runs, and rate limits where the consequences of an incorrect action would be material;
(d) maintaining independent backups of any data you cannot afford to lose;
(e) monitoring Worker activity and reviewing logs;
(f) stopping, pausing, disabling, or deleting any Worker that behaves unexpectedly; and
(g) determining whether a Worker's behavior is appropriate for your business, legal, security, privacy, regulatory, and compliance requirements.

7.7 Prohibited High-Risk Uses

You will not use the Service, any Kit, or any Worker for, or in connection with:

(a) medical diagnosis, treatment, clinical decision-making, or any use affecting patient safety;
(b) operation or control of safety-critical systems, including vehicles, aircraft, vessels, industrial control systems, weapons, medical devices, life support, or critical infrastructure;
(c) execution of financial transactions, trading, lending, credit decisions, or payment authorization without independent human review of each transaction;
(d) legal advice, legal filings, or any determination of legal rights;
(e) employment, hiring, promotion, termination, housing, insurance, education, or credit decisions, or any other decision producing legal or similarly significant effects on an individual, in each case without meaningful human review;
(f) law enforcement, criminal justice, biometric surveillance, or emotion recognition;
(g) any use classified as prohibited or high-risk under applicable AI legislation without your independent compliance assessment and all required safeguards; or
(h) any other use where failure, error, or unintended action could result in death, personal injury, or severe physical, financial, or environmental damage.

7.8 No Service Level Commitment

Unless you have executed a separate written service level agreement with us, the Service, the Hosted Harness, and all Kits, Models, and integrations are provided on an as-available basis with no uptime, availability, latency, throughput, or performance commitment of any kind.

8. Models and Model Providers

8.1 You Select the Model

You select the Model used by each Worker, or you enable automatic routing under which the Service selects among Models according to parameters you configure. You are solely responsible for that selection and for determining whether a given Model and its Model Terms are appropriate for your use case, including any regulated, high-risk, sensitive, confidential, or customer-facing use.

8.2 Model Terms Flow Down

By using any Model through the Service, you agree, and you will ensure that your Authorized Users and your customers agree, to comply with the applicable Model Terms, which are linked in the Documentation. You are solely responsible for reviewing the Model Terms applicable to each Model before using it. You are responsible for all acts and omissions of your Authorized Users and your customers, including any violation of Model Terms.

Model Terms may be modified, supplemented, or replaced by the applicable Model Provider at any time. Your continued use of a Model after its Model Terms are updated constitutes acceptance of the updated Model Terms.

8.3 Model Provider Data Practices

Model Providers have different data practices. Some Model Providers retain Inputs and Outputs. Some use Inputs and Outputs to train, fine-tune, evaluate, or improve their models. Some do not. Where a Model Provider discloses its practice to us, we surface that information in the Service or Documentation as a convenience.

We do not verify, audit, control, or guarantee any Model Provider's data handling, retention, training, deletion, security, availability, or intellectual property practices, and we are not liable for any error, omission, or change in the information we surface about them. If you do not want your data used for model training, select a Model whose Model Provider commits not to do so, or run Workers in a Self-Managed Runtime against a Model you control.

WorkerKit does not use your Inputs or Outputs to train generative models.

8.4 Model Availability and Suspension

We do not guarantee the availability of any Model. We may add or remove Models at any time. A Model Provider may suspend, restrict, or terminate your access or ours for any reason, including suspected violation of Model Terms. We may suspend, restrict, disable, or terminate your access to any Model if we reasonably believe you, an Authorized User, or your customer has violated or may violate any Model Terms, or if requested or required by a Model Provider. We will use commercially reasonable efforts to give advance notice but cannot guarantee it. We disclaim all liability for any suspension, restriction, unavailability, degradation, removal, or modification of any Model.

8.5 Ownership of Outputs

Your rights in Outputs are determined by the Model Terms of the Model that generated them. As between you and WorkerKit, we claim no ownership of your Outputs. We make no representation or warranty that any Output is original, non-infringing, accurate, or protectable, or that you have any particular rights in it.

8.6 Model Performance Measurement and Publication

We measure the performance of Models accessed through the Service and may publish aggregated and de-identified rankings, benchmarks, comparisons, and reliability statistics about Models and Model Providers, as described in Section 10.7.

This includes publishing results by Kit and Model pairing, for example the rate at which a given Kit succeeds at its stated job when run on a given Model.

These measurements reflect performance as observed through the Service, under the configurations, Kits, prompts, tool definitions, routing, and workloads our users happen to run. They are not controlled experiments, are not independently validated, and are not a representation about any Model's or Model Provider's general capability, quality, or fitness.

Pairing results in particular measure a Kit and a Model together, not the Model alone. A poor pairing result may reflect the Kit's instructions, its tool definitions, its scope configuration, the Kit Creator's own declared job description against which the run is scored, the automated evaluator, or the Model, and we do not attribute causation among them. Results may differ materially from a provider's own published benchmarks or from your own results. We do not warrant their accuracy or methodology, and we may change, correct, or withdraw any of them at any time.

Nothing in this Section 8.6 authorizes you to publish performance or benchmark data about the Service. See Section 11.2, item 10.

8.7 Third-Party Beneficiaries

Model Providers are intended third-party beneficiaries of Sections 8.1 through 8.5, 10, 11, 19, and 21 to the extent those Sections relate to access to or use of their Models. Section 8.6 confers no third-party beneficiary right.

9. Fees, Wallet, and Payment

9.1 Plans and Fees

Certain features require a paid subscription plan. Current plans, included allowances, usage limits, and prices are published on our pricing page and are incorporated by reference. You will have an opportunity to review and accept applicable fees before you are charged.

9.2 Subscriptions; Auto-Renewal

Paid plans renew automatically for successive periods at the then-current rate until cancelled. You authorize us to charge your designated payment method on each renewal. You may cancel at any time through your account settings; cancellation takes effect at the end of the current paid period. Except where required by law, subscription fees are non-refundable and we do not provide refunds or credits for partial periods, unused allowances, or unused time.

9.3 Wallet

Use of the Hosted Harness requires a pre-paid Wallet balance. Wallet funds are used to pay for model inference and other pass-through usage costs, plus the transaction fee described in Section 9.4.

9.4 Transaction Fee

Each Wallet load is subject to a transaction fee of 5.5% of the amount loaded, with a minimum fee of $1.00. The transaction fee is disclosed before you complete a load. Transaction fees are non-refundable in all circumstances.

9.5 Refunds

Unused Wallet funds may be refunded on request submitted within twenty-four (24) hours of the load transaction, through the refund control in your account settings. After twenty-four hours, unused Wallet funds are non-refundable. Transaction fees, payment processing fees, and any cryptocurrency payments are non-refundable in all cases.

If we terminate your account other than for breach of these Terms, we will refund your remaining Wallet balance, excluding fees, to your original payment method within thirty (30) days. If we terminate or suspend your account for breach of these Terms, unused Wallet funds and unused subscription time are forfeited and will not be refunded.

9.6 Taxes

Fees are exclusive of all taxes. You are responsible for all sales, use, value-added, goods and services, withholding, and similar taxes and duties, other than taxes on our net income. If we are required to collect a tax, we will add it to your invoice.

9.7 Payment Processing

We charge the payment method you specify through our third-party payment processors. You authorize us to charge all amounts described in these Terms to that payment method. Your use of a payment processor is subject to that processor's terms. If you pay using cryptocurrency, you represent and warrant that the cryptocurrency and its source of funds do not constitute the proceeds of any financial or other crime.

9.8 Changes to Fees

We may change fees, add new fees, or change plan allowances. We will provide at least thirty (30) days' advance notice of any increase to recurring subscription fees or to the Wallet transaction fee, and the change will take effect at your next renewal or your next Wallet load, as applicable. If you do not accept a change, your remedy is to cancel before it takes effect.

9.9 Non-Payment; Chargebacks

We may suspend or restrict your access to all or part of the Service immediately if any amount is past due, if a charge is reversed, or if a chargeback is initiated, without prejudice to any other remedy. You will reimburse us for reasonable costs of collection, including reasonable attorneys' fees. Initiating a chargeback without first contacting support@workerkit.ai to seek resolution is a breach of these Terms.

9.10 Usage Metering

Our records of usage, invocations, model consumption, and Wallet activity are the definitive records for billing purposes, absent manifest error. You are responsible for monitoring your own usage and for configuring limits appropriate to your budget. We are not responsible for charges resulting from Workers you configured, schedules you set, loops you created, or usage by your Authorized Users, whether or not intended.

10. User Content

10.1 Your Ownership

As between you and WorkerKit, you retain all right, title, and interest in and to your Inputs, subject to the Model Terms applicable to any Model you use. We claim no ownership of your User Content.

10.2 Limited Operational License

You grant WorkerKit a worldwide, non-exclusive, royalty-free, fully paid license to host, store, cache, transmit, reproduce, display, and process your User Content, and to modify it solely for formatting and technical compatibility, solely to the extent necessary to operate and provide the Service to you, to route your requests to the Model Providers and App Providers you select, to perform the features you enable, and to comply with law.

This license is limited to operating and providing the Service. It does not permit us to sell your User Content, to disclose it except as described in the Privacy Policy, or to use it to train generative models. This license terminates when your User Content is deleted, except for copies retained in routine backups pending deletion in the ordinary course and copies we are required to retain by law.

Section 10.7 separately governs Operational Metadata and the use of aggregated and de-identified data for analytics, evaluation, and published statistics. Nothing in Section 10.7 permits us to sell your User Content or to use it to train generative models.

10.3 Logging and Storage Features

Certain features store User Content, including logging, memory, debugging, and batch processing. Retention periods vary by feature and by plan and are described in the Documentation and the Privacy Policy. Where a feature requires your opt-in, we will store User Content under that feature only if you enable it. Admin Users may enable or disable these features for an Organizational Account, and Authorized Users are subject to the Admin User's configuration.

10.4 Shared Content

Certain features let you make User Content or configurations available to others, including by link or by publishing to the directory. Anything you share this way may be viewed, copied, and retained by anyone you give access to, and we cannot retract it once shared. You grant us the rights necessary to make it available as you direct.

10.5 Your Representations Regarding Inputs

You are solely responsible for your Inputs. By providing Inputs you represent and warrant that you own them or have all necessary rights, consents, and permissions, and that your Inputs and their use as contemplated by these Terms do not and will not (a) infringe, violate, or misappropriate any third-party right; (b) defame any person or invade any privacy or publicity right; or (c) cause WorkerKit to violate any law, regulation, Provider Terms, or Model Terms.

10.6 No Obligation to Screen

We are under no obligation to monitor, screen, edit, or control User Content and will not be responsible or liable for it. We may, at any time and without notice, screen, remove, edit, restrict, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable or unlawful. You waive any legal or equitable right or remedy against us with respect to User Content, to the fullest extent permitted by law.

10.7 Service Analytics, Evaluation, and Published Rankings

(a) Operational Metadata. We collect and generate metadata about activity on the Service, including run counts, success and failure rates, error types and codes, latency, token consumption, retries, timeouts, cost, Model selected, Kit invoked, App Provider categories and scope types touched, runtime type, plan tier, and similar operational signals ("Operational Metadata"). Operational Metadata describes how the Service performed. It does not include the substance of your Inputs, Outputs, or the data in your Connected Accounts.

You grant WorkerKit a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, sublicensable, and transferable right and license to collect, generate, use, reproduce, aggregate, analyze, and disclose Operational Metadata, and to prepare derivative works of it, for the purposes in this Section 10.7.

(b) Evaluation Purposes. We use Operational Metadata, Outcome Scores, and, subject to Section 10.7(e), Evaluation Content to: measure and improve the reliability, accuracy, latency, cost, and safety of the Service; evaluate whether Kits succeed at the jobs they state they perform, and how that varies by Model; evaluate and compare the performance of Kits, Models, Model Providers, runtimes, and integrations; detect defective, unsafe, abusive, or misdescribed Kits; diagnose errors and regressions; inform routing, defaults, and product decisions; produce benchmarks, research, and statistics; and publish the rankings described in Section 10.7(g).

(c) Outcome Evaluation and Automated Scoring.

What this is. Whether a run technically completed is not the same as whether the Kit did the job it said it would do. To measure the latter, we may evaluate each run against the job stated in the Kit's own Kit Metadata and record whether it succeeded, partially succeeded, or failed, together with a failure category and the Model used (an "Outcome Score").

How it works. Outcome Scores are produced by automated systems, which may include a generative model operated by us or by a Model Provider under contract with us. You grant WorkerKit a worldwide, non-exclusive, royalty-free, fully paid license to process your Inputs, Outputs, and Worker activity for the sole purpose of producing an Outcome Score.

The limits on that processing, which are commitments:

Once produced, an Outcome Score is Operational Metadata and may be used, aggregated, and published under this Section 10.7.

(d) Outcome Scores Are Estimates, and the Benchmark Itself Is Unverified. An Outcome Score is an automated estimate produced by a generative model, and generative models are wrong sometimes. Scores may misjudge a run in either direction.

More importantly, the standard against which a run is scored is the job stated in the Kit's own Kit Metadata, which is supplied by the Kit Creator and which WorkerKit does not verify. See Section 4.2. An Outcome Score therefore measures a Kit against its own unverified claim about itself. A high Outcome Score does not mean a Kit is safe, correct, well-behaved, appropriately scoped, or suitable for you, and a low one does not necessarily mean it is defective.

We do not warrant the accuracy, reliability, methodology, or predictive value of any Outcome Score. See Section 20(m).

(e) Evaluation Content Requires Your Opt-In. Separate from Section 10.7(c), the retained substance of Inputs and Outputs ("Evaluation Content") is used for the purposes in Section 10.7(b) only where you have enabled prompt or chat logging for the account, and in an Organizational Account only where your Admin User has enabled it. Where you have not enabled logging, we retain no content, and evaluate Operational Metadata and Outcome Scores only.

Evaluation Content is de-identified before use under Section 10.7(f) and is never used to train, fine-tune, or improve any generative AI model, ours or anyone else's. Evaluation is measurement, not training, and this distinction is a commitment, not a description of current practice.

(f) De-identification Commitments. Data used and disclosed under this Section 10.7 is maintained in aggregated or de-identified form. We publicly commit that we will: (i) take reasonable measures to ensure such data cannot be associated with, or reasonably linked to, you, your organization, any Connected Account, or any individual; (ii) maintain and use such data only in de-identified or aggregated form; (iii) not attempt to re-identify it, except where strictly necessary for debugging, security, fraud prevention, or abuse investigation; and (iv) contractually obligate any recipient to comply with the same restrictions.

(g) Published Rankings and Statistics. We may publish aggregated and de-identified statistics, rankings, leaderboards, benchmarks, comparisons, success and failure rates, Outcome Score summaries, reliability indicators, and usage trends concerning Models, Model Providers, Kits, Kit categories, integrations, and the Service generally, on the Site, in the Kit directory, in the Documentation, and in marketing, research, and public communications.

This expressly includes publishing results by Kit and Model pairing, for example the rate at which a given Kit succeeds at its stated job when run on a given Model. Published pairing results are aggregated across users and never identify you, your organization, your Connected Accounts, or any individual.

(h) Rankings Are Automated Metrics, Not Review or Endorsement. Any statistic, ranking, score, badge, reliability indicator, ordering, or comparison we publish about any Kit, Model, or Model Provider is generated automatically from observed activity. It is provided for information only and is not a review, audit, verification, certification, endorsement, recommendation, representation, or warranty by WorkerKit, and does not mean that any Kit has been examined, tested, or approved by us. Nothing in this Section 10.7 alters Section 4, and a Kit with favorable published metrics remains an unreviewed third-party Kit provided AS IS by its Kit Creator.

We do not warrant the accuracy, completeness, currency, or methodology of any published statistic, and we may change, suspend, correct, or withdraw any of it at any time. See Section 20(n).

(i) Kit Creator Analytics. We may provide Kit Creators with aggregated, de-identified analytics about their own Kits, including install counts, run counts, success and failure rates, error categories, and performance metrics. Kit Creators do not receive your identity, your organization's identity, your Connected Account details, your Credentials, or your Inputs or Outputs through these analytics. See Section 4.3 of the Privacy Policy.

(j) Enterprise and DPA Customers. Where you have executed a Data Processing Agreement or a separate written agreement with us, the terms of that agreement govern analytics and evaluation to the extent they conflict with this Section 10.7. We may offer additional analytics controls to Enterprise customers.

(k) Survival. The rights granted in this Section 10.7 survive termination as to Operational Metadata, Outcome Scores, and data already de-identified or aggregated before termination.

11. Prohibited Conduct

11.1 Acceptable Use Policy

Your use of the Service is governed by the WorkerKit Acceptable Use Policy at https://workerkit.ai/aup (the "AUP"), which is incorporated by reference into these Terms and is binding on you, your Authorized Users, your customers, and every Kit you publish. The AUP prohibits, among other things, unlawful use, unauthorized access to systems and data, compromising systems or networks, endangering critical infrastructure or safety-critical systems, automating high-stakes decisions about individuals without meaningful human review, deception and impersonation, unlawful or unsolicited communications, harming children, generating prohibited content, misusing biometric and sensitive data, and misdescribing a Kit.

A prohibited act does not become permitted because a Worker performed it autonomously. If you may not do it yourself, you may not configure a Worker to do it, and you are responsible for it either way.

Violation of the AUP is a material breach of these Terms and permits immediate suspension or termination without notice, removal of any Kit, and forfeiture of unused Wallet funds and subscription time under Section 9.5.

11.2 Additional Prohibited Conduct

Without limiting the AUP, you will not, and will not permit or assist any Authorized User, customer, or third party to:

  1. use the Service for any unlawful purpose, in violation of any law or regulation, or in violation of any applicable Provider Terms or Model Terms;
  2. access, or attempt to access, any Connected Account, data, account, or system without authorization from its owner, or exceed the scope of authorization you have been granted;
  3. use the Service to access, collect, scrape, harvest, or exfiltrate data you are not authorized to access, or in a manner that breaches an App Provider's terms;
  4. publish a Kit that misrepresents its function, its data handling, its destinations, or the permissions it requests, or that contains undisclosed data collection or transmission;
  5. publish or run any Kit or Worker containing or delivering malicious code, or designed to escalate privileges, escape a runtime, evade controls, or interfere with the Service or other users;
  6. resell, sublicense, rent, lease, or provide access to the Service to third parties except as expressly permitted, or use the Service to build, train, or operate a competing product or service;
  7. reverse engineer, decompile, disassemble, or attempt to derive the source code, architecture, models, prompts, or algorithms of any part of the Service, except to the extent this restriction is unenforceable under applicable law;
  8. use crawlers, scrapers, bots, or other automated means to extract data from the Site or Service outside our documented APIs, or bypass any technical measure designed to prevent it;
  9. circumvent, disable, or interfere with any usage limit, rate limit, quota, metering, billing, authentication, or security feature, or create multiple accounts to do so;
  10. benchmark the Service or publish performance, availability, or comparison data about the Service without our prior written consent;
  11. conduct any penetration testing, vulnerability scanning, load testing, red teaming, prompt injection testing, jailbreaking, or other adversarial testing against the Service, any Kit, any Model, or any App Provider, without our prior written approval under Section 12;
  12. use the Service to send unsolicited bulk communications, spam, or unlawful marketing through any Connected Account, or in any manner that would cause an App Provider to suspend or restrict an account;
  13. use the Service for any purpose prohibited by Section 7.7 or by the AUP;
  14. impersonate any person or entity, misrepresent your affiliation, falsify your identity or location, or use a virtual private network, proxy, or other means to misrepresent the origin of a request or to access a Model or App Provider from a restricted jurisdiction or entity;
  15. interfere with or disrupt the Service or any network, equipment, or server used to provide it, or upload any virus, worm, or malicious code;
  16. infringe or misappropriate any third-party intellectual property, privacy, publicity, or other right, or encourage others to do so;
  17. remove, obscure, or alter any proprietary notice, watermark, attribution, or branding in the Service or in any Materials; or
  18. attempt to do any of the foregoing, or assist or permit any person to do so.

Any breach of the AUP, or of item 2, 5, 11, 13, or 14 of this Section 11.2, is a material breach permitting immediate suspension or termination without notice.

12. Security Research and Adversarial Testing

We welcome good-faith security research, but the Service executes third-party Kits against third-party App Providers using third-party Models, and untargeted adversarial testing puts other parties at risk and frequently violates their terms.

All penetration testing, vulnerability research, red teaming, prompt injection testing, and adversarial testing against the Service requires our prior written approval. Submit requests to security@workerkit.ai describing the scope, method, timing, and accounts involved. We review requests case by case and will typically respond within five (5) business days. Approval is not guaranteed and, if granted, is limited to the scope stated in our written approval.

Testing conducted within the scope of a written approval and in accordance with its conditions will not be treated by us as a breach of these Terms. Testing outside an approval is a material breach, will be flagged by our and our providers' monitoring systems, and is likely to result in termination by us and by the affected App Providers and Model Providers.

Report suspected vulnerabilities to security@workerkit.ai. Do not access, modify, or exfiltrate any data belonging to another user, and do not publicly disclose a vulnerability before we have had a reasonable opportunity to remediate it.

13. Privacy, Data Processing, and Third-Party Services

13.1 Privacy Policy

Our collection, use, and disclosure of personal data is described in the WorkerKit Privacy Policy, available at https://workerkit.ai/privacy, which is incorporated by reference into these Terms.

13.2 Data Processing Agreement

If you use the Service on behalf of an organization or for commercial purposes, our Data Processing Agreement, available at https://workerkit.ai/dpa, is incorporated by reference into these Terms and governs our processing of personal data on your behalf. In the event of a conflict between the DPA and these Terms with respect to the processing of personal data, the DPA controls.

13.3 Non-WorkerKit Services

The Service interoperates with products, services, and software operated by third parties, including App Providers, Model Providers, runtimes, payment processors, and Kits published by Kit Creators (collectively, "Non-WorkerKit Services").

Your use of any Non-WorkerKit Service, and any data exchanged in connection with it, is solely between you and that third party and is governed by that third party's terms and policies. We make no representation, warranty, or guarantee regarding any Non-WorkerKit Service, its provider, its availability, its security, or its conformity to your requirements. Our support obligations do not extend to Non-WorkerKit Services.

We are not responsible for any disclosure, modification, loss, corruption, or deletion of data resulting from access by any Non-WorkerKit Service, or for any direct, indirect, special, or consequential damages arising out of or in connection with any Non-WorkerKit Service. We may cease providing interoperability with any Non-WorkerKit Service at any time without entitling you to any refund, credit, or compensation.

13.4 Incorporated Policies

The following documents are expressly incorporated by reference into these Terms and are binding on you: the Privacy Policy (https://workerkit.ai/privacy); the Data Processing Agreement (https://workerkit.ai/dpa), where applicable; the Acceptable Use Policy (https://workerkit.ai/aup); and the plan and pricing terms published at https://workerkit.ai/pricing. In the event of a conflict, these Terms control, except that the DPA controls as provided in Section 13.2.

14. Copyright Complaints and Kit Takedowns

We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act.

Designated Agent:
WorkerKit Copyright Agent
10900 Stonelake Blvd, Austin, TX 78759, United States
Email: dmca@workerkit.ai

Send copyright notices to dmca@workerkit.ai. That address is the designated point of contact and is monitored; notices sent to any other address or individual may not be treated as received.

A notice must include: (a) a physical or electronic signature of a person authorized to act for the owner of the right allegedly infringed; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good faith belief the use is not authorized by the owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the owner's behalf.

We will remove or disable access to material that is the subject of a compliant notice and will notify the affected Kit Creator or user, who may submit a counter-notice as provided in 17 U.S.C. § 512(g).

Repeat infringer policy. We will terminate, in appropriate circumstances, the accounts of Kit Creators and users who are repeat infringers.

Notices of other unlawful, harmful, or non-conforming Kits or content may be sent to legal@workerkit.ai. We may investigate and, in our discretion, remove content or terminate access.

15. Modification of These Terms

For any change to these Terms that materially modifies your rights or obligations, we will provide at least thirty (30) days' advance notice by email to the address associated with your account or by in-product notification, and the change will take effect at the end of that period. All other changes take effect when posted to the Site.

You are responsible for keeping a current, active, deliverable email address on file. Your continued use of the Service after a change takes effect constitutes your acceptance of it. If you do not agree to a change, your remedy is to stop using the Service and terminate your account before the change takes effect.

Disputes will be resolved under the version of these Terms in effect at the time the dispute arose. Changes to Section 26 (Dispute Resolution and Arbitration) are governed by Section 26.10.

16. Ownership and Proprietary Rights

The Service is owned and operated by WorkerKit. All right, title, and interest in and to the Service and its visual interfaces, graphics, design, compilation, information, data, computer code (including source and object code), products, software, documentation, models, prompts, workflows, trademarks, service marks, logos, trade dress, and all other elements (collectively, "Materials") are and remain the exclusive property of WorkerKit and its licensors and are protected by intellectual property and other laws.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business or personal purposes during the term of these Terms.

All rights not expressly granted in these Terms are reserved by WorkerKit. Except as expressly authorized, you may not copy, modify, distribute, sell, lease, or create derivative works of any Materials. Nothing in these Terms grants you any right to use our name, trademarks, logos, or trade dress.

17. Feedback

If you provide suggestions, ideas, or other input regarding the Service ("Feedback"), you grant WorkerKit an unrestricted, perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free, sublicensable, transferable right and license to use, exploit, and incorporate the Feedback for any purpose, including improving the Service and developing other products and services, without any obligation of attribution, compensation, or confidentiality. Feedback is not your Confidential Information.

18. Confidentiality

18.1 Definition

"Confidential Information" means information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances. WorkerKit's Confidential Information includes the non-public aspects of the Service, our security architecture and controls, product and roadmap plans, technical information, pricing not publicly posted, and business negotiations. Confidential Information does not include information that (a) is or becomes public without breach of an obligation owed to the Disclosing Party; (b) was known to the Receiving Party without a duty of confidentiality before disclosure, as shown by contemporaneous records; (c) is lawfully received from a third party without a duty of confidentiality; or (d) is independently developed without use of or reference to the Disclosing Party's Confidential Information. Feedback is not Confidential Information.

18.2 Obligations

The Receiving Party will protect the Disclosing Party's Confidential Information with at least the degree of care it uses for its own confidential information of like kind, and in no event less than reasonable care; will use it only in connection with the Service; and will limit access to employees, contractors, service providers, and professional advisors who need it and who are bound by confidentiality obligations no less protective than these.

18.3 Compelled Disclosure

The Receiving Party may disclose Confidential Information to the extent compelled by law, subpoena, court order, or governmental or regulatory request, provided that it gives prior notice to the Disclosing Party where legally permitted and takes reasonable steps to limit the disclosure. We may also disclose your Confidential Information as part of a legal proceeding involving WorkerKit or at your request, and where disclosure is made at your request you may be responsible for the reasonable costs of compiling and providing it.

19. Indemnification

19.1 Your Indemnity

You will defend, indemnify, and hold harmless WorkerKit and its officers, directors, employees, contractors, consultants, affiliates, subsidiaries, successors, and agents (collectively, the "WorkerKit Entities") from and against any and all claims, liabilities, damages, losses, judgments, awards, settlements, fines, penalties, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

(a) your access to, use of, or alleged use of the Service;
(b) your violation of any portion of these Terms, or of any representation, warranty, or covenant made in them;
(c) your violation of any applicable law or regulation;
(d) your violation of any third-party right, including any intellectual property, publicity, confidentiality, property, or privacy right;
(e) any action or omission of any Worker running under your account or Organizational Account, including any action taken in, against, or affecting any Connected Account or any third party;
(f) your authorization of, access to, or use of any Connected Account, including any breach of your representations in Section 6.2, any exceeding of authorization, and any violation of Provider Terms;
(g) any Kit you publish, as further provided in Section 5.4;
(h) your Inputs, your Outputs, and your User Content;
(i) your selection, configuration, and use of any Model, and any violation of Model Terms;
(j) the acts and omissions of your Authorized Users and your customers; or
(k) any dispute between you and any App Provider, Model Provider, Kit Creator, other user, data subject, or other third party.

19.2 Procedure

We will notify you of any claim subject to indemnification, though our failure to do so promptly relieves you of your obligations only to the extent you are materially prejudiced. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations, and you will cooperate with that defense. You may not settle any claim in a manner that imposes any obligation, liability, admission, or restriction on any WorkerKit Entity without our prior written consent.

20. Disclaimers; Assumption of Risk; No Warranties

(a) THE SERVICE, THE HOSTED HARNESS, ALL KITS, ALL MODELS, ALL MATERIALS, ALL OUTPUTS, AND ALL CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. THE WORKERKIT ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE.

(b) NO WARRANTY OF FUNCTIONALITY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

(c) DATA INTEGRITY AND PRESERVATION. THE WORKERKIT ENTITIES DO NOT WARRANT THE INTEGRITY, ACCURACY, COMPLETENESS, PRESERVATION, OR CONTINUED AVAILABILITY OF ANY DATA STORED, PROCESSED, TRANSMITTED, CREATED, MODIFIED, OR DELETED THROUGH THE SERVICE, WHETHER IN THE SERVICE OR IN ANY CONNECTED ACCOUNT. YOU ACKNOWLEDGE THAT:

(d) SECURITY. YOU ACKNOWLEDGE THAT NO SECURITY SYSTEM IS IMPENETRABLE. WHILE WE EMPLOY COMMERCIALLY REASONABLE MEASURES TO PROTECT YOUR DATA AND CREDENTIALS, YOU AGREE THAT:

WE WORK TO PROTECT THE SERVICE AND YOUR DATA, AND WE DO NOT PROMISE THAT WE WILL SUCCEED. IF YOU ARE NOT WILLING TO ACCEPT THE RISK THAT THE SERVICE, YOUR ACCOUNT, YOUR CREDENTIALS, OR YOUR DATA MAY BE COMPROMISED, EXPOSED, LOST, OR ALTERED, YOUR REMEDY IS NOT TO USE THE SERVICE. DO NOT CONNECT AN ACCOUNT WHOSE COMPROMISE YOU COULD NOT ABSORB.

(e) ASSUMPTION OF RISK. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE WORKERKIT ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR HARM RESULTING FROM: YOUR USE OF, OR INABILITY TO USE, THE SERVICE; ANY BUG, ERROR, DEFECT, OR VULNERABILITY IN THE SERVICE; ANY SERVICE INTERRUPTION, OUTAGE, OR UNAVAILABILITY; ANY ACTION OR OMISSION OF ANY WORKER; ANY LOSS, CORRUPTION, DELETION, MISDIRECTION, OR UNAUTHORIZED ACCESS TO OR DISCLOSURE OF DATA, REGARDLESS OF CAUSE; ANY FAILURE, CHANGE, OR DISRUPTION IN ANY THIRD-PARTY SERVICE, API, MODEL, RUNTIME, OR INTEGRATION; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR ANY OTHER MATTER RELATING TO THE SERVICE. IF YOU DO NOT ACCEPT THIS RISK, DO NOT USE THE SERVICE.

(f) WITHOUT LIMITING THE FOREGOING, THE WORKERKIT ENTITIES DO NOT WARRANT THAT: THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; DEFECTS WILL BE CORRECTED; THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; OR ANY RESULT OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ANY PURPOSE.

(g) KITS. THE WORKERKIT ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING ANY KIT PUBLISHED BY A KIT CREATOR, INCLUDING ITS FUNCTION, QUALITY, SAFETY, SECURITY, LEGALITY, ACCURACY OF ITS KIT METADATA, DATA HANDLING, FITNESS FOR ANY PURPOSE, OR NON-INFRINGEMENT. KITS ARE PROVIDED BY THEIR KIT CREATORS, NOT BY WORKERKIT. THE WORKERKIT ENTITIES DO NOT REVIEW, TEST, VERIFY, OR ENDORSE KITS AND EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM ANY KIT.

(h) WORKER ACTIONS. THE WORKERKIT ENTITIES DO NOT WARRANT THAT ANY WORKER WILL BEHAVE PREDICTABLY, CONSISTENTLY, CORRECTLY, OR IN ACCORDANCE WITH ITS STATED PURPOSE, OR THAT IT WILL NOT TAKE UNINTENDED, ERRONEOUS, DESTRUCTIVE, OR IRREVERSIBLE ACTIONS, INCLUDING AS A RESULT OF PROMPT INJECTION OR OTHER ADVERSARIAL MANIPULATION. YOU ASSUME ALL RISK ARISING FROM WORKER ACTIONS. THE WORKERKIT ENTITIES TAKE NO RESPONSIBILITY FOR ANY ACTION YOU OR ANY WORKER TAKES AS A RESULT OF ANY OUTPUT, OR FOR ANY CONSEQUENCE OF THOSE ACTIONS.

(i) CONTROLS. ANY ACCESS CONTROL, NETWORK RULE, REDACTION RULE, CONTACT RULE, APPROVAL GATE, LOGGING FEATURE, OR OTHER CONTROL OFFERED THROUGH THE SERVICE IS A CONFIGURABLE TOOL PROVIDED WITHOUT WARRANTY. THE WORKERKIT ENTITIES DO NOT WARRANT THAT ANY CONTROL WILL PREVENT ANY PARTICULAR DISCLOSURE, ACTION, LOSS, CORRUPTION, OR OUTCOME.

(j) THIRD PARTIES. THE WORKERKIT ENTITIES MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY APP PROVIDER, MODEL PROVIDER, KIT CREATOR, PAYMENT PROCESSOR, USER-ADDED INTEGRATION (INCLUDING ANY MCP SERVER, GATEWAY, WEBHOOK, OR ENDPOINT YOU CONNECT), OR OTHER THIRD PARTY, INCLUDING THEIR AVAILABILITY, SECURITY, DATA HANDLING, RETENTION, TRAINING, DELETION, OR INTELLECTUAL PROPERTY PRACTICES. SEE SECTION 6.9.

(k) HIGH-RISK USE. THE WORKERKIT ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY OUTPUT IS SUITABLE FOR ANY REGULATED, HIGH-RISK, SAFETY-CRITICAL, LEGAL, MEDICAL, FINANCIAL, EMPLOYMENT, OR CUSTOMER-FACING USE.

(l) NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS, ACCOUNTS, OR DATA, AND FOR ANY LOSS OF DATA, RESULTING FROM YOUR USE OF THE SERVICE.

(m) STATISTICS, OUTCOME SCORES, AND RANKINGS. ANY STATISTIC, RANKING, LEADERBOARD, BENCHMARK, OUTCOME SCORE, SUCCESS OR FAILURE RATE, KIT AND MODEL PAIRING RESULT, BADGE, RELIABILITY INDICATOR, OR COMPARISON WE PUBLISH ABOUT ANY KIT, MODEL, MODEL PROVIDER, OR INTEGRATION IS GENERATED AUTOMATICALLY FROM OBSERVED ACTIVITY AND IS PROVIDED "AS IS" FOR INFORMATION ONLY. OUTCOME SCORES ARE AUTOMATED ESTIMATES PRODUCED BY GENERATIVE MODELS, MEASURED AGAINST JOB DESCRIPTIONS SUPPLIED BY KIT CREATORS AND NOT VERIFIED BY US, AND THEY MAY BE WRONG. THE WORKERKIT ENTITIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, METHODOLOGY, OR PREDICTIVE VALUE OF ANY OF THE FOREGOING, AND NONE OF IT IS A REVIEW, AUDIT, VERIFICATION, CERTIFICATION, ENDORSEMENT, OR RECOMMENDATION. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN EVALUATION OF ANY KIT OR MODEL, AND FAVORABLE METRICS DO NOT REDUCE YOUR OBLIGATIONS UNDER SECTION 4.4 OR SECTION 7.6.

(n) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THAT EXTENT, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

21. Limitation of Liability

(a) EXCLUDED MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT ONLY TO SUBSECTION (g), THE WORKERKIT ENTITIES WILL NOT BE LIABLE FOR ANY: (i) DATA BREACH, DATA LOSS, DATA LEAK, DATA CORRUPTION, DATA DELETION, UNAUTHORIZED ACCESS, CREDENTIAL COMPROMISE, HACKING, OR SECURITY INCIDENT; (ii) SERVICE INTERRUPTION, OUTAGE, DOWNTIME, DEGRADATION, OR UNAVAILABILITY; (iii) SOFTWARE BUG, ERROR, DEFECT, OR VULNERABILITY; (iv) SYSTEM FAILURE, HARDWARE MALFUNCTION, OR INFRASTRUCTURE ISSUE; (v) FAILURE, CHANGE, DEPRECATION, RATE LIMIT, OR DISRUPTION IN ANY THIRD-PARTY SERVICE, API, MODEL, RUNTIME, OR INTEGRATION; (vi) INCOMPATIBILITY WITH ANY OTHER SOFTWARE, HARDWARE, MODEL, OR SYSTEM; OR (vii) LOSS OF DATA DUE TO ANY CAUSE WHATSOEVER.

(b) EXCLUSION OF DAMAGES. IN NO EVENT WILL THE WORKERKIT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, REPUTATION, USE, OR DATA, FOR BUSINESS INTERRUPTION, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT ANY WORKERKIT ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) AGGREGATE CAP. THE TOTAL AGGREGATE LIABILITY OF THE WORKERKIT ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (i) THE TOTAL AMOUNT OF SUBSCRIPTION AND TRANSACTION FEES YOU ACTUALLY PAID TO TIMEVERSE FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (ii) FIFTY U.S. DOLLARS ($50). FOR THE AVOIDANCE OF DOUBT, PASS-THROUGH MODEL INFERENCE COSTS FUNDED THROUGH THE WALLET ARE NOT "FEES PAID TO TIMEVERSE" FOR PURPOSES OF THIS CAP.

(d) THIRD-PARTY AND WORKER MATTERS. WITHOUT LIMITING SUBSECTIONS (a) THROUGH (c), THE WORKERKIT ENTITIES WILL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO: ANY KIT OR KIT CREATOR; ANY ACTION OR OMISSION OF ANY WORKER, INCLUDING ANY IRREVERSIBLE ACTION; ANY APP PROVIDER, MODEL PROVIDER, RUNTIME, OR OTHER NON-WORKERKIT SERVICE; ANY LOSS, DELETION, CORRUPTION, MODIFICATION, MISDIRECTION, OR DISCLOSURE OF DATA IN A CONNECTED ACCOUNT; ANY SUSPENSION OR TERMINATION OF YOUR ACCOUNT BY AN APP PROVIDER OR MODEL PROVIDER; ANY PROMPT INJECTION OR OTHER ADVERSARIAL MANIPULATION; OR YOUR ACCESS TO OR USE OF THE SERVICE FROM OUTSIDE THE UNITED STATES.

(e) TIME LIMIT. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW.

(f) RISK ALLOCATION. EACH PROVISION OF THESE TERMS PROVIDING FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATES RISK BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN, AND THE FEES REFLECT IT. EACH PROVISION IS SEVERABLE AND INDEPENDENT OF ALL OTHERS, AND THE LIMITATIONS IN THIS SECTION 21 APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(g) EXCEPTIONS AND SAVINGS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED, LIMITED, OR WAIVED, INCLUDING: LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; WHERE APPLICABLE LAW SO REQUIRES, LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; AND ANY NON-WAIVABLE STATUTORY RIGHT OR REMEDY UNDER APPLICABLE U.S. STATE PRIVACY OR CONSUMER PROTECTION LAW, INCLUDING THE PRIVATE RIGHT OF ACTION UNDER CALIFORNIA CIVIL CODE § 1798.150. TO THE EXTENT ANY PROVISION OF THIS SECTION 21 IS HELD UNENFORCEABLE AS TO A PARTICULAR CLAIM, IT WILL BE ENFORCED AS TO EVERY OTHER CLAIM, AND THE LIABILITY OF THE WORKERKIT ENTITIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

22. Term, Suspension, and Termination

22.1 Your Termination

You may terminate your account at any time through your account settings or by contacting support@workerkit.ai. You remain obligated to pay all amounts incurred before termination.

22.2 Our Suspension Rights

We may suspend, restrict, or disable your access to all or part of the Service immediately, with or without notice, if we reasonably believe: you have breached these Terms; your account or a Connected Account is compromised; your activity presents a security, legal, or operational risk to us, to another user, to an App Provider, or to a Model Provider; an App Provider or Model Provider has requested or required it; any amount is past due; or suspension is necessary to comply with law or a request from a governmental or regulatory authority.

22.3 Our Termination Rights

We may terminate your account and your access to the Service at any time, for any reason or no reason, with or without notice, in our sole discretion. If you breach these Terms, your permission to use the Service terminates automatically.

22.4 Effect of Termination

Upon termination: your right to access the Service ceases immediately; Workers cease to run; and we will delete or de-identify your data as described in the Privacy Policy, except as we are required or permitted to retain it. Termination does not revoke, reverse, or undo any action already taken by a Worker, and does not by itself revoke your authorizations at any App Provider. You are responsible for revoking Connected Account authorizations directly with each App Provider.

Export your data before terminating. We have no obligation to retain or provide your data after termination beyond any period stated in the Privacy Policy or the DPA.

Refund treatment on termination is governed by Section 9.5.

22.5 Survival

The following Sections survive termination or expiration of these Terms: 1 (Definitions), 2.3, 2.4, 5.1 (to the extent necessary to complete removal), 5.3, 5.4, 5.6, 9 (as to amounts accrued), 10.1, 10.5, 10.7, 11, 13, 14, 16, 17, 18, 19, 20, 21, 22.4, 22.5, 23, 25, 26, and 27, together with the Privacy Policy, the Acceptable Use Policy, and, where applicable, the Data Processing Agreement.

23. Export Control, Sanctions, and Restricted Access

23.1 Your Representations

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

(a) you are not located in, organized under the laws of, or ordinarily resident in Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, or Luhansk regions of Ukraine, or any other country or region subject to comprehensive U.S. sanctions or embargo;
(b) you are not, and are not owned fifty percent (50%) or more in the aggregate or otherwise controlled by, any person or entity identified on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List, Sectoral Sanctions Identifications List, or Non-SDN Menu-Based Sanctions List; the U.S. Commerce Department's Denied Persons List, Entity List, or Unverified List; the U.S. State Department's Debarred List; or any equivalent restricted-party list maintained by the United States;
(c) you are not acting on behalf of, or for the benefit of, any such person, entity, country, or region;
(d) you will not use the Service for any purpose prohibited by U.S. export control or sanctions law, including any nuclear, chemical, biological weapons, missile technology, or military intelligence end use; and
(e) you will not export, re-export, transfer, or make the Service available to any restricted party or restricted destination.

23.2 Screening, Suspension, and Reporting

We may screen you, your organization, your Authorized Users, and your payment instruments against restricted-party and sanctions lists at any time, and may require documentation to verify your identity, ownership, control, and location.

We will suspend or terminate access immediately, without notice and without liability, and will block or freeze any Wallet balance, if we determine or reasonably suspect that any representation in Section 23.1 is or has become untrue, or that continued provision of the Service would violate applicable law. We will report and block transactions as required by law. Amounts blocked under this Section are not refundable while the block is required by law.

23.3 Provider Restrictions

Certain App Providers and Model Providers restrict access based on jurisdiction, entity, or use case. You will not use the Service, or any third-party tool in conjunction with the Service, to access any Model or App Provider you are not authorized to access, including by use of a virtual private network, proxy, anonymizer, or misrepresentation of location or identity. Providers may add or remove restrictions at any time, with or without notice to you or to us.

23.4 Non-Waivable

Nothing in these Terms authorizes any act that would violate U.S. export control or sanctions law, and no provision of these Terms may be construed to permit it. Your obligations under this Section 23 survive termination and are not subject to the limitations in Section 21 with respect to your own liability.

24. Force Majeure

Neither party will be liable for any delay or failure to perform (other than a payment obligation) resulting from causes beyond its reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil unrest, labor dispute, governmental action, power or internet failure, denial of service attack, or the act, omission, failure, degradation, or discontinuation of any third party, including any App Provider, Model Provider, cloud infrastructure provider, or payment processor.

25. Governing Law

These Terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of the State of Texas, without regard to its conflict of law principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

If a lawsuit or court proceeding is permitted under these Terms, you and WorkerKit agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Travis County, Austin, Texas, and each party waives any objection to that venue, including on grounds of forum non conveniens.

We operate the Service from Austin, Texas, and offer it only in the United States. We make no representation that the Service, any Materials, or our data practices are appropriate, available, or lawful for use in any other location, and we expressly disclaim any obligation to comply with the law of any jurisdiction outside the United States. If you access the Service from outside the United States in breach of Section 2, you do so on your own initiative and are solely responsible for compliance with local law. See Sections 2.2 through 2.4.

26. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

26.1 Agreement to Arbitrate

You and WorkerKit agree that every dispute, claim, or controversy arising out of or relating to these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising during or after termination, will be resolved by binding individual arbitration rather than in court, except as provided in Section 26.2.

YOU AND TIMEVERSE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

26.2 Exceptions

Nothing in this Section limits either party's right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through an applicable federal, state, or local agency where available; (c) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or Confidential Information; or (d) file suit in court to address an intellectual property infringement claim.

26.3 Informal Resolution First

Before initiating arbitration, the initiating party must send a written Notice of Dispute describing the nature and basis of the claim and the specific relief sought. Notice to WorkerKit must be sent by certified mail or courier with signature required to: WorkerKit, Attn: Legal, 10900 Stonelake Blvd, Austin, TX 78759, United States, with a copy to legal@workerkit.ai. Notice to you will be sent to the address on your account. The parties will make good faith efforts to resolve the claim directly for thirty (30) days after Notice is received. Only after that period may either party commence arbitration. This informal resolution requirement is a condition precedent to arbitration, and either party may seek a court order to enforce it.

26.4 Arbitration Rules and Forum

Arbitration will be administered by the American Arbitration Association ("AAA") under the Federal Arbitration Act and the AAA Commercial Arbitration Rules (and, where applicable to a consumer, the AAA Consumer Arbitration Rules), as modified by these Terms. The seat and location of arbitration is Austin, Texas. The AAA Rules and filing forms are available at www.adr.org or by calling 1-800-778-7879.

If the claim is for $25,000 or less, you may elect to have the arbitration conducted: (a) solely on documents submitted to the arbitrator; (b) by telephone or video conference; or (c) in person in Travis County, Texas.

The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions. Judgment on the award may be entered in any court of competent jurisdiction.

26.5 No Class or Representative Actions

YOU AND TIMEVERSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

26.6 Coordinated Filings

If twenty-five (25) or more similar claims are asserted against WorkerKit by or with the assistance of the same or coordinated counsel, the parties agree that the claims will be administered in sequential batches of no more than fifty (50) claims each, with a single arbitrator per batch, and that filing and administrative fees will be assessed per batch rather than per claim. The parties will cooperate with the AAA to implement this protocol, and any statute of limitations is tolled for claims awaiting their batch.

26.7 Fees

Payment of filing, administration, and arbitrator fees is governed by the applicable AAA Rules. If you are a consumer and you initiate arbitration, we will reimburse your filing fee unless your claim seeks more than $10,000. If the arbitrator finds that your claim or the relief sought is frivolous or brought for an improper purpose as measured by Federal Rule of Civil Procedure 11(b), the payment of all fees will be governed by the AAA Rules and you agree to reimburse us for amounts we previously disbursed that are otherwise your obligation.

26.8 Confidentiality of Arbitration

The parties will keep the existence, content, and result of any arbitration confidential, except as necessary to enforce or challenge the award, to comply with law, or to pursue insurance or indemnity rights.

26.9 Your Right to Opt Out

You may opt out of this arbitration agreement by sending written notice to legal@workerkit.ai within thirty (30) days of the date you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect your access to the Service. If you opt out, Section 25 governs any dispute.

26.10 Changes to This Section

If we make any change to this Section 26 other than a change to our Notice address, you may reject the change by sending written notice to legal@workerkit.ai within thirty (30) days of the change, in which case this Section 26 as in effect immediately before the rejected change will continue to govern disputes between you and WorkerKit.

26.11 Severability of This Section

If Section 26.5 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction under Section 25, and the remainder of this Section 26 will continue to apply to all other claims. If this Section 26 is found unenforceable in its entirety, Section 25 governs.

27. General

27.1 Entire Agreement. These Terms, together with the Privacy Policy, the Data Processing Agreement where applicable, the Acceptable Use Policy, the published plan and pricing terms, and any other document expressly incorporated by reference, constitute the entire and exclusive agreement between you and WorkerKit regarding the Service and supersede all prior or contemporaneous understandings, whether written or oral. Any purchase order, vendor form, or other document you issue is of no effect and its terms do not apply, even if we accept or do not object to it.

27.2 Order of Precedence. In the event of conflict: (a) a mutually executed written agreement signed by an authorized representative of WorkerKit controls over these Terms; (b) the Data Processing Agreement controls over these Terms as to the processing of personal data; and (c) these Terms control over all other incorporated documents.

27.3 Amendment. Except as provided in Section 15, these Terms may be amended only by a written agreement signed by authorized representatives of both parties.

27.4 Assignment. You may not assign or transfer these Terms or any right or obligation under them, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempted assignment without consent is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. These Terms bind and benefit the parties and their permitted successors and assigns.

27.5 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the greatest extent permissible and the remaining provisions will remain in full force and effect.

27.6 No Waiver. No failure or delay in exercising any right is a waiver of it, and no waiver of any breach is a waiver of any subsequent breach or of the provision itself. Waivers must be in writing to be effective.

27.7 Notices. We may provide notice to you by email to the address on your account, by in-product notification, or by posting to the Site, and any such notice is effective when sent or posted. You are responsible for maintaining a current, active, deliverable email address. Legal notices to us must be sent to legal@workerkit.ai and, for arbitration, also as provided in Section 26.3.

27.8 Relationship of the Parties. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, fiduciary, or professional relationship, and neither party has authority to bind the other.

27.9 Third-Party Beneficiaries. Except as expressly stated, these Terms create no third-party beneficiary rights. App Providers are intended third-party beneficiaries of Sections 6.2, 6.6, 11, 19, and 21. Model Providers are intended third-party beneficiaries of Sections 8.1 through 8.5, 10, 11, 19, and 21. Users are intended third-party beneficiaries of Section 5.4, in each case to the extent those Sections relate to their respective interests. Section 8.6 confers no third-party beneficiary right.

27.10 Headings and Interpretation. Section headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." These Terms will not be construed against either party as drafter.

27.11 Equitable Relief. You acknowledge that a breach of Sections 11, 16, 18, or 23, or of the AUP, may cause irreparable harm for which monetary damages are inadequate, and that we are entitled to seek injunctive and other equitable relief without posting a bond, in addition to any other remedy.

27.12 U.S. Government Users. The Service is "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202. Government users acquire only the rights granted in these Terms.

27.13 Language. These Terms are made in the English language, which controls in the event of any conflict with a translation.

28. Consent to Electronic Communications

By using the Service you consent to receive communications from us electronically, including by email and in-product notification, as further described in the Privacy Policy. You agree that any notice, agreement, disclosure, or other communication we send you electronically satisfies any legal requirement that it be in writing. You may withdraw consent to receive marketing communications at any time as described in the Privacy Policy, but you cannot withdraw consent to receive service, transactional, security, and legal communications while you maintain an account.

29. Contact

The Service is offered by:

WorkerKit
10900 Stonelake Blvd
Austin, TX 78759
United States