Terms and conditions

Terms of Service

These Terms of Service govern your use of iWorkit, our website located at https://iworkitapp.com, and any related services provided by iWORKit LLC.

When you create an iWorkit account or use iWorkit, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by iWORKit LLC.

If you access or download iWorkit from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We, iWORKit LLC, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 21 December 2023.

User Definitions and Service Scope

The terms “User” and “Users” within these Terms of Service refer to all individuals and entities that access or use the iWorkit services, including organizations, their representatives, and professionals looking for job opportunities. iWORKit LLC provides a digital platform that serves as an online marketplace. This platform connects third-party employers with employees, allowing the posting and filling of open shifts. It is important to clarify that iWORKit LLC's role is limited to facilitating connections between clients and agencies; the actual services listed on the platform are not offered by iWORKit LLC itself. By using the iWorkit app or website, users are agreeing to these Terms of Service, confirming their understanding and acceptance of these terms.

Limitations of Use

By using iWorkit and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

modify, copy, prepare derivative works of, decompile, or reverse engineer iWorkit or any materials and software contained within iWorkit or on our website;
remove any copyright or other proprietary notations from iWorkit or any materials and software contained within iWorkit or on our website;
transfer iWorkit or any of its associated materials to another person or "mirror" the materials on any other server;
knowingly or negligently use iWorkit or any of its associated services in a way that abuses or disrupts our networks or any other service iWORKit LLC provides;
use iWorkit or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use iWorkit or its associated services in violation of any applicable laws or regulations;
use iWorkit or its associated services while under the age of 18;
use iWorkit to send unauthorized advertising or spam;
harvest, collect, or gather user data without the user’s consent; or
use iWorkit or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials in iWorkit and on our website are owned by or licensed to iWORKit LLC. You may download iWorkit to view, use, and display the application on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by iWORKit LLC at any time.

User-Generated Content

At iWORKit LLC, we recognize and respect your intellectual property rights in the content you submit for use within the iWorkit application and on its corresponding website. While you retain ownership of your intellectual property, we require a license from you to utilize this content as part of our service offerings.

By submitting, posting, uploading, sharing, or otherwise transmitting content covered by intellectual property rights on iWorkit or its associated services, you grant iWORKit LLC a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license. This license allows us to use, distribute, modify, run, copy, publicly display, translate, and create derivative works from your content. The use of your content will always align with your privacy preferences and be governed by our Privacy Policy.

It is important to note that the license you grant us is subject to termination at any time by you, either through the deletion of your content or your account. However, in cases where we or our partners have used your content in connection with commercial or sponsored content, this license will continue until such commercial or sponsored content is no longer in use by us.

Furthermore, you grant us permission to use your username, profile picture, and any other identifying information associated with your account in ways that are consistent with your privacy settings and our Privacy Policy. This may include, but is not limited to, displaying your name or likeness in relation to the content you have provided, or in promotional or other business-related materials.

Given the nature of iWORKit LLC's services, which involve scheduling and human resource management, user-generated content may include sensitive business information or personal data. Users are advised to consider the sensitivity of the information they share and to understand that by submitting such content, they allow iWORKit LLC and its users to rely on this information for business purposes, such as staffing and scheduling.

iWORKit LLC commits to handling all user-generated content responsibly and in accordance with our established policies. However, users are responsible for the accuracy and legality of the content they submit, and iWORKit LLC is not liable for any issues arising from user-generated content, including any disputes over intellectual property ownership.

Account Management

To use the iWorkit services, users must create an account, ensuring that all provided information is accurate, complete, and updated as necessary. The services are exclusively for business use, not personal, household, or consumer purposes. By creating an account, users assert that they are either legal entities or individuals aged 18 or older (or of the majority age in their jurisdiction), capable of forming legally binding contracts, and have not been previously suspended or removed from our services. It is the user's responsibility to maintain the confidentiality of their account information and to monitor all activities under their account.

In the event of unauthorized access or security breaches, users must immediately notify iWORKit LLC at info@iworkitapp.com. iWORKit LLC is not liable for any loss or damage resulting from the user's failure to secure their account or comply with these Terms. Users must ensure they have full authority to enter into these Terms of Service without violating any other agreements. Periodic verification checks of user accounts may be conducted to ensure compliance with our terms, and users are expected to cooperate with these verification processes as needed.

User Verification and Responsibilities

Upon registering for an account and periodically thereafter, iWORKit LLC may conduct verification checks, including, but not limited to, validation against third-party databases or verification of official documents. These checks are intended to confirm users' identity, location, and business legitimacy. Users authorize iWORKit LLC, directly or through third parties, to undertake these verification processes. During the verification phase, certain account features may be temporarily limited. Once verification is successfully completed, normal account features will be restored.

Professional and Client Engagement

Professionals using the iWorkit platform are classified as independent contractors and not employees of iWORKit LLC. This arrangement is not intended to create any form of partnership, joint venture, or employer-employee relationship. Users, including clients and professionals, must not represent themselves as agents or employees of iWORKit LLC. Clients have full discretion regarding their use of the platform, including the posting of shifts and selection of professionals. Professionals, in turn, are expected to adhere to the highest standards of conduct and comply with all applicable laws, regulations, and professional standards. Clients are responsible for supervising professionals and ensuring that the services provided align with their internal policies and standards. iWORKit LLC does not supervise or evaluate the work performed by professionals at client facilities.

Automatic Updates

You give us permission to download and install updates to iWorkit on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting iWorkit from your device.

Disclaimer and Limitations of Liability

iWORKit LLC provides the iWorkit application and its associated services, including the content on our website, on an 'as is' basis. While we strive to offer reliable and functional services, we expressly disclaim all warranties, either express or implied, to the fullest extent permissible under applicable law. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.

Our liability is limited in respect of any damages or losses you or any third party may suffer in connection with the use or inability to use the iWorkit services, our website, or any materials within the iWorkit platform. This limitation applies even if iWORKit LLC or an authorized representative has been advised of the possibility of such damages. Specifically, iWORKit LLC and its suppliers shall not be liable for any consequential losses that arise out of or in connection with the use of our services. This encompasses, but is not limited to, any loss of profit, business, revenue, goodwill, opportunity, or any indirect or consequential loss or damage, including loss or corruption of data.

Moreover, in environments where the exclusion of implied warranties or limitations of liability for incidental or consequential damages is not allowed, the above limitations and exclusions may not apply. As such, our liability in such jurisdictions shall be limited to the extent legally permissible.

Users of the iWorkit platform should also be aware that the nature of scheduling and HR-related services implies a level of dependency on accurate and timely information provided by both employers and employees. Therefore, iWORKit LLC is not responsible for any inaccuracies, delays, or failures in the provision of services that stem from information provided by users or their failure to comply with relevant guidelines and procedures.

It is also important to note that while iWORKit LLC endeavors to ensure secure and uninterrupted access to our services, we do not guarantee that the iWorkit app or website will always be secure or free from bugs or viruses. Users are responsible for configuring their information technology, computer programs, and platforms to access our services and should use their own virus protection software.

By using iWORKit LLC's services, users acknowledge and agree to these limitations of liability and engage with the iWorkit platform at their own risk.

Marketplace Conduct and Communication Guidelines

All users are expected to abide by the marketplace terms established by iWORKit LLC. Any actions that violate these terms may lead to account review, restriction, suspension, or even deactivation. Users are required to use the communication services provided by the iWorkit app for all related engagements, including discussions about rates, terms, and coordination of shifts. The use of these services for any unlawful, threatening, or obscene purposes is strictly prohibited. iWORKit LLC reserves the right to remove any content that violates these Terms of Service and to take appropriate action, including suspending or deactivating user accounts for such violations.

Accuracy of Materials

The information and materials provided in the iWorkit app and on the iWORKit LLC website serve as general guidelines and are not exhaustive or comprehensive in nature. While we endeavor to provide useful and accurate information, iWORKit LLC does not guarantee the completeness, accuracy, or reliability of such materials. This includes any content related to scheduling, human resources processes, and other functionalities offered by our platform, as well as resources or links provided within iWorkit.

Users of iWorkit should not solely rely on the materials presented within our app or website for making critical business decisions. Instead, we recommend consulting additional, more comprehensive sources of information to support decision-making processes. The responsibility for assessing and confirming the accuracy and applicability of information obtained from iWorkit lies solely with the user.

We aim to keep the information in iWorkit up to date and accurate, but users should be aware that we reserve the right to modify, update, or remove content within the app or on our website at any time without prior notice. It is the user's responsibility to stay informed of any changes to the content or materials provided.

Additional Tools

Please note that our app may include third-party tools which are outside of our control. The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our app. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. IWORKit LLC has the right to offer new third-party tools in the future.

Links

iWORKit LLC has not reviewed all of the sites linked to iWorkit or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by iWORKit LLC of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Inaccuracies and Mistakes

At iWORKit LLC, we acknowledge that the content within the iWorkit app, largely generated by our users, might occasionally include typographical errors, inaccuracies, or omissions, especially in relation to service descriptions, availability, and other user-submitted information. Given the user-generated nature of much of this content, iWORKit LLC does not undertake an obligation to verify or correct all information provided on our platform.

We strive to maintain accurate and up-to-date information, but we cannot guarantee the complete accuracy of every piece of content on iWorkit. As such, we are not liable for any errors or inaccuracies in the information provided by users, nor are we responsible for any fraudulent activities conducted by users through our platform. Users are advised to exercise due diligence and discretion while interacting with other users and relying on information within the app.

iWORKit LLC reserves the right to modify, cancel, or update any services or content provided by us in the event of proven inaccuracies. Such amendments to our services or content may occur at any time and without prior notice. While we endeavor to provide timely updates and corrections where necessary, we are not obligated to provide specific clarifications or details regarding every amendment or update related to our services.

It is important for users to understand that while iWORKit LLC facilitates connections between employers and employees, the accuracy and legitimacy of the information provided by each party play a critical role in the effectiveness of our service. Therefore, we encourage our users to maintain accuracy in their postings and communications and to report any discrepancies or concerns to us promptly.

Service Availability

Please be aware that IWorkit, while generally accessible, may have periods of unavailability. We reserve the right to disable the service from time to time to perform necessary tasks such as scheduled backups, maintenance, or system upgrades, aimed at enhancing your user experience and ensuring the optimal performance of the app.

Although we strive to notify our users in advance of any substantial downtime, please understand that some situations may necessitate urgent maintenance. In such extreme cases, we may need to disable the service immediately and without prior notice. We appreciate your understanding and patience during these periods, as we work diligently to ensure the consistent quality and reliability of IWorkit.

Notice regarding Apple

To the extent that you are using or accessing iWorkit on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and iWORKit LLC only, not with Apple Inc. (Apple), and Apple is not responsible for iWorkit and any materials available in iWorkit.

Apple has no obligation to furnish you with any maintenance and support services with respect to iWorkit.

If iWorkit fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to iWorkit and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to iWorkit or your use of iWorkit, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using iWorkit, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the app; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to Terminate

We may suspend or terminate your iWorkit account and right to use iWorkit and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website or app constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the app. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Ohio. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Dispute Resolution

Any disputes or claims arising out of or in connection with the Terms of Service or use of IWORKit LLC’s products shall be resolved by binding arbitration in the state of Ohio, USA, in accordance with the rules of the American Arbitration Association. By agreeing to these terms, you waive the right to a trial by jury or to participate in a class action.