Terms of Service

1. Description of the Service

Workings provides an AI-powered call answering and intake tool for home services businesses. The Service answers incoming calls, gathers information from callers, categorizes the urgency of a call, and relays that information to Customer's team. Workings is an intake and triage tool. It is not a licensed contractor, dispatcher, or emergency responder, and it does not replace professional judgment, licensed trade work, or emergency services.

2. Not an Emergency Service

The Service is not a substitute for 911 or other emergency services.

Workings' urgency-tiering feature is provided as an operational convenience only and is not a guarantee of accurate detection, timely escalation, or appropriate response to any emergency, including but not limited to gas leaks, flooding, fire, electrical hazards, or carbon monoxide exposure. Customer is solely responsible for:

• Instructing its own callers/customers, where appropriate, to contact 911 or local emergency services directly for any life-threatening or property-threatening emergency.
• Maintaining its own emergency response protocols independent of the Service.
• Monitoring and responding to escalations from the Service in a timely manner.

Workings disclaims all liability for injury, death, or property damage arising from a caller's failure to contact emergency services, or from any delay, error, or omission in the Service's call handling or urgency classification.

3. Customer Responsibilities

Customer is responsible for:

• Providing accurate business information, including hours, services offered, service area, pricing rules, and escalation contacts used to configure the Service.
• Complying with all applicable laws relating to its use of the Service, including call recording and consent laws in the jurisdiction(s) in which it operates and receives calls.
• Promptly reviewing and acting on leads, escalations, and notifications sent by the Service.
• Ensuring its staff and technicians are appropriately licensed and insured for any work performed as a result of leads generated by the Service.

4. Call Recording and Disclosure

The Service may record, transcribe, and/or process call audio using automated and artificial intelligence systems. Customer acknowledges that call recording consent laws vary by jurisdiction, including one-party versus two-party/all-party consent rules, and that Customer is responsible for ensuring its use of the Service complies with applicable law in every jurisdiction from which it receives calls. Workings provides a standard AI/recording disclosure that may play at the start of calls, but Customer remains independently responsible for legal compliance.

5. Data and Privacy

Our collection and use of personal information, including caller information gathered during intake, is described in our Privacy Policy. By using the Service, Customer represents that it has the necessary rights and, where required, consents from its own customers/callers to allow such information to be collected and processed by Workings on Customer's behalf.

6. No Warranty

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, or that all calls will be accurately answered, transcribed, triaged, or escalated.

7. Limitation of Liability

To the maximum extent permitted by law, Workings and its officers, directors, employees, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to use of the Service, even if advised of the possibility of such damages.

To the maximum extent permitted by law, Workings' total aggregate liability arising out of or related to these Terms or the Service shall not exceed the amount paid by Customer to Workings in the six (6) months preceding the event giving rise to the claim.

Nothing in these Terms limits liability for gross negligence, willful misconduct, or any liability that cannot be excluded under applicable law.

8. Indemnification

Customer agrees to indemnify and hold harmless Workings from any claims, damages, liabilities, and expenses, including reasonable legal fees, arising from: (a) Customer's use of the Service in violation of applicable law; (b) Customer's failure to maintain adequate emergency protocols independent of the Service; or (c) work performed by Customer's technicians or staff in connection with leads generated by the Service.

9. Subscription, Fees, and Termination

Workings is a custom service, and subscription fees, billing cycles, cancellation terms, and refund policies may vary from business to business based on the agreed service package.

Either party may terminate these Terms as set out in the applicable order form or subscription agreement. Workings may suspend or terminate access to the Service for breach of these Terms, non-payment, or misuse.

10. Intellectual Property

The Service, including all software, models, designs, and content, excluding Customer Data, is owned by Workings or its licensors. Customer receives a limited, non-exclusive, non-transferable license to use the Service during the term of its subscription.

11. Changes to the Service or Terms

We may update these Terms from time to time. Material changes will be communicated via dashboard notice. Continued use of the Service after changes take effect constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

13. Contact

Questions about these Terms can be sent to michellebrookskelly@gmail.com.