ONWORK APP
USER AGREEMENT

Important Legal Notice

Some laws give you rights that cannot be excluded by contract (including consumer guarantee rights in Australia and consumer cancellation rights in certain countries). Nothing in these Terms excludes or limits those non-excludable rights. Where permitted, our liability is limited as described below.

1. Definitions

"Account" means the user account you create to access the Service.

"Authorized Users" means your employees, contractors, or other people you permit to use the Service under your Account.

"Content" means data, text, images, documents, files, messages, and other materials you (or your Authorized Users) upload, create, import, submit, or transmit through the Service.

"Consumer" means an individual customer to whom consumer protection laws apply in their jurisdiction (this is different from a business user).

"App Store" means a third-party app marketplace such as the Apple App Store or Google Play Store.

"Subscription" means a paid plan for access to the Service.

2. Acceptance of Terms and Eligibility

2.1 Acceptance

By using the Service, you confirm that you have read and understood these Terms and agree to be bound by them.

2.2 Authority

If you use the Service for a company or other entity, you represent that you have authority to bind that entity. In that case, "you" refers to the entity.

2.3 Age

You must be at least the age of majority where you live (usually 18+) to create an Account and use the Service.

2.4 Changes

We may update these Terms from time to time. We will update the "Last Updated" date and may provide additional notice through the Service or by email if changes are material. Your continued use after changes take effect means you accept the updated Terms.

3. Account Registration, Security, and Authorized Users

3.1 Accurate information

You agree to provide truthful, current, and complete information and keep it updated.

3.2 Security

You are responsible for safeguarding your login credentials and for all activity under your Account. Notify us promptly if you suspect unauthorized access.

3.3 Authorized Users

If you allow Authorized Users, you are responsible for their compliance with these Terms and for maintaining appropriate internal controls and access permissions.

3.4 Suspension/termination

We may suspend or terminate Accounts as described in Section 14 if we reasonably believe there is a violation of these Terms, a security risk, fraud, or unlawful use.

4. Subscriptions, Billing, Auto‑Renewal, Trials, and Refunds

4.1 Plans and pricing

Onwork offers subscriptions (monthly, annual, and/or other tiers) as described in the Service at the time you purchase. Features may vary by plan and may change over time.

4.2 Taxes

Prices may be exclusive of taxes unless stated otherwise. You are responsible for any applicable taxes unless the law requires us to collect them.

4.3 Auto‑renewal

Unless you cancel before the end of your current billing period, your Subscription automatically renews for another period of the same length, and we (or our payment processor) will charge the then-current fee using the payment method on file.

4.4 Trials and promotions

If we offer a trial or promotional period, it converts to a paid Subscription at the end of the trial unless you cancel before the trial ends. We may limit trials to one per customer or organization unless stated otherwise.

4.5 How to cancel

(a) Direct billing (web or direct card billing): You can cancel in your Account settings or by contacting Support (see Section 18).

(b) App Store billing: If you subscribed through an App Store, you must manage and cancel your Subscription through that App Store. Deleting the app does not automatically cancel your Subscription.

We will provide easy cancellation methods and, where required by law, cancellation will be available in the same medium used to sign up (or another compliant method).

4.6 Effect of cancellation

Cancellation takes effect at the end of the current billing period unless required otherwise by law. You will retain access until the period ends.

4.7 No pro‑rata refunds (general rule)

Except where required by law, we do not provide pro‑rata refunds or credits for partial billing periods, unused time, downgrades, or unused features.

4.8 Price changes

We may change pricing for future periods. If your renewal price changes, we will provide notice where required. If you do not agree, you must cancel before renewal.

4.9 Failed payments

If a payment fails, we may retry, request updated payment details, suspend features, downgrade access, or terminate the Subscription.

5. Consumer "Cooling‑Off" and Immediate Performance (where applicable)

This Section applies only where consumer cancellation/withdrawal rights exist under applicable law.

5.1

If you are a Consumer and you have a legal right to cancel within a certain time, you may exercise that right as required by law.

5.2

Certain laws require your express request/consent for us to begin supplying services or digital content during a cancellation period, and may require your acknowledgement that your cancellation right can be lost once supply begins or once services are fully performed. Where required, we will obtain that request/consent/acknowledgement through the purchase flow or in-app prompts.

6. User Content, Data Responsibilities, and Acceptable Use

6.1 Your Content

You retain ownership of your Content. You grant Onwork a limited, worldwide, royalty-free license to host, store, back up, transmit, process, copy (as needed for technical operations), display, and format your Content solely to provide, maintain, and improve the Service and as otherwise described in the Privacy Policy.

6.2 Your responsibility for legality and permissions

You are responsible for:

• (a) the accuracy, quality, and legality of Content you upload or generate using the Service;
• (b) ensuring you have all necessary rights, permissions, and lawful basis to provide Content (including personal information about customers, employees, or contractors);
• (c) ensuring you have any required consents to contact third parties (for example, sending quotes, invoices, or messages).

6.3 Prohibited conduct

You agree not to:

• (a) break laws or infringe rights (including intellectual property, privacy, or contractual rights);
• (b) harass, threaten, defame, impersonate, discriminate against, or abuse anyone;
• (c) send spam or unlawful unsolicited communications;
• (d) introduce malware, probe security, attempt unauthorized access, or disrupt the Service;
• (e) scrape, crawl, or use automated means to extract data except where Onwork expressly permits it;
• (f) reverse engineer, decompile, or attempt to derive source code except where the law prohibits that restriction;
• (g) use the Service to create fraudulent, misleading, or illegal documents or to engage in fraud;
• (h) overload the Service or intentionally circumvent usage limits.

6.4 Sensitive data

Do not upload highly sensitive personal information (such as government IDs, health information, or full payment card details) unless the Service explicitly requires it and you have a lawful basis to do so. Onwork is not designed to store regulated medical records.

6.5 Monitoring and enforcement

We may monitor and investigate suspected violations and may remove Content or restrict access if we reasonably believe there is a breach of these Terms or law.

7. Third‑Party Services and Integrations

7.1 Integrations

The Service may integrate with third-party services (for example, payment processors, mapping services, accounting platforms, analytics providers, email/SMS providers, and AI services).

7.2 Your relationship with third parties

Third-party services are provided under their own terms and privacy policies. Onwork does not control third parties and is not responsible for their services.

7.3 Data sharing for integrations

If you enable an integration, you authorize Onwork to share your Content and data to the extent necessary to operate that integration, consistent with the Privacy Policy.

7.4 Availability

Integrations may change or be discontinued. We do not guarantee ongoing availability of a third-party integration.

8. Privacy and Data Protection

8.1 Privacy Policy

Our Privacy Policy explains how we collect, use, store, and share personal information and is incorporated by reference.

8.2 Roles and responsibilities

(a) Account data: Onwork generally acts as a controller/business for your Account information (such as your name, email, billing, and usage logs).

(b) Customer Content: When you upload personal data about your customers, employees, or contractors, you are generally the controller/responsible party and Onwork acts as your processor/service provider/operator for that data, where applicable.

8.3 Cross‑border processing

We may store and process information in Australia and other countries through Onwork and service providers. We use appropriate safeguards where required.

8.4 Security

We use reasonable technical and organizational measures to protect data, but no system is perfectly secure. You must protect your Account credentials and devices.

8.5 Data retention

We retain personal information as needed to provide the Service and meet legal obligations. Deletion and export options (if available) are described in the Service and/or Privacy Policy.

9. Confidentiality

9.1 Confidential Information

Each party may receive the other's non-public information. "Confidential Information" includes non-public business, technical, and customer data.

9.2 Use and protection

Each party will use Confidential Information only to perform under these Terms and will protect it with reasonable care.

9.3 Permitted disclosure

Confidential Information may be shared with employees, contractors, and professional advisors who need it and are bound by confidentiality obligations.

9.4 Required disclosure

If disclosure is legally required, the recipient will provide notice where legally permitted and disclose only what is necessary.

9.5 Survival

Confidentiality obligations survive termination for as long as the information remains confidential, or for 5 years (whichever is longer). Trade secrets remain protected as long as allowed by law.

10. Intellectual Property and License

10.1 Onwork Technology

The Service, software, design, logos, trademarks, and related IP ("Onwork Technology") are owned by Onwork and/or its licensors. The Service is licensed, not sold.

10.2 License to you

Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

10.3 Restrictions

You may not sell, resell, lease, distribute, or make the Service available to third parties except to your Authorized Users; you may not copy or create derivative works of the Service except as permitted by law.

10.4 Feedback

If you provide feedback, you grant Onwork a perpetual, royalty-free right to use it without compensation.

11. AI Features and Generated Content

11.1

If the Service offers AI-assisted tools or templates, outputs are provided for convenience only. You are responsible for reviewing outputs for accuracy, legality, and suitability before using them.

11.2

Onwork does not provide legal, tax, accounting, or financial advice.

12. Disclaimers

12.1 "As is"

To the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind.

12.2 No guarantee of uninterrupted service

We do not guarantee uninterrupted availability or error-free operation.

12.3 Third-party services

We disclaim responsibility for third-party services and integrations.

12.4 Mandatory rights

Some jurisdictions do not allow certain exclusions. In those cases, exclusions apply only to the maximum extent permitted.

13. Limitation of Liability

13.1 Excluded damages

To the maximum extent permitted by law, Onwork is not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, loss of revenue, loss of goodwill, or loss/corruption of data.

13.2 Liability cap

To the maximum extent permitted by law, Onwork's total aggregate liability for all claims arising in any 12-month period will not exceed the total amount you paid to Onwork in the 12 months before the event giving rise to the claim (or AUD $100 if you paid no fees).

13.3 Australia (ACL) notice

(a) Nothing in these Terms excludes your rights under the Australian Consumer Law that cannot be excluded.

(b) Where the ACL permits, and where the Service is not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability for breach of a consumer guarantee is limited (at our option) to supplying the services again or paying the cost of having the services supplied again.

13.4 Basis of bargain

You acknowledge these limits are a fundamental basis of the agreement.

14. Indemnity (Business Users)

This Section applies to the extent permitted by law and generally applies to business and organizational users.

You agree to indemnify and hold harmless Onwork and its directors, officers, employees, and agents from third-party claims arising out of:

• (a) your breach of these Terms;
• (b) your Content;
• (c) your unlawful use of the Service; or
• (d) your violation of third-party rights.

15. Suspension and Termination

15.1 By you

You can stop using the Service and cancel your Subscription as described in Section 4.

15.2 By Onwork (for cause)

We may suspend or terminate access immediately if we reasonably believe you materially breached these Terms, created a security risk, engaged in fraud, or we are required by law to do so. Where practical, we may provide notice and an opportunity to cure.

15.3 Discontinuation of the Service

Onwork may modify, suspend, discontinue or cease providing all or any part of the Service where reasonably necessary for legitimate business, operational, commercial, security, technical or legal reasons.

If Onwork permanently discontinues the Service generally, we will, where reasonably practicable:

• (a) provide reasonable advance notice to affected Account holders;
• (b) cease charging recurring Subscription fees from the effective date of discontinuation;
• (c) provide Account holders with a reasonable opportunity or available tools to export their Content before access ends, where technically feasible, lawful and commercially reasonable; and
• (d) refund any unused portion of prepaid Subscription fees where required by applicable law or as otherwise determined by Onwork.

Onwork does not guarantee that the Service, any particular feature, or access to Content will remain available for any minimum period following notice of discontinuation.

Advance notice or continued access may not be possible where discontinuation results from circumstances outside Onwork's reasonable control, including security incidents, infrastructure or third-party service failures, legal or regulatory requirements, insolvency, administration or other circumstances that make continued operation impracticable.

Following discontinuation or expiry of any available export period, Onwork may delete Content in accordance with its data retention practices, Privacy Policy and applicable law.

You are responsible for maintaining appropriate independent copies of records and Content that you are required to retain for legal, regulatory, tax, accounting, operational or other purposes.

Nothing in this Section excludes or limits any right or remedy that cannot lawfully be excluded under applicable law.

15.4 Effect of Termination

After termination, your access ends. We may provide a limited data export window where feasible and lawful. We may delete data in accordance with our retention practices and the Privacy Policy.

16. Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law rules, except where mandatory consumer laws in your jurisdiction require otherwise.

17. Dispute Resolution and Arbitration (including class action waiver)

17.1 Informal resolution

Please contact Support first and give us an opportunity to resolve disputes.

17.2 Arbitration (U.S. and certain non-Australian users)

Where permitted by law, disputes may be resolved by binding arbitration on an individual basis only (no class actions), with limited exceptions for small claims and injunctive relief. If an arbitration opt-out is offered in the Service, it must be exercised within the stated timeframe and method.

17.3 Local rights

If arbitration/class waivers are not enforceable for you, disputes will be resolved in courts as permitted by applicable law.

18. App Store Terms (Apple App Store and Google Play)

If you downloaded the Onwork App from an App Store, the following apply:

18.1

The agreement is between you and Onwork, not the App Store provider. Onwork is responsible for the app and its content.

18.2 App Store billing

If you purchase a Subscription through an App Store, billing, cancellation, and refunds are handled by that App Store under its rules.

18.3 Apple third-party beneficiary

For iOS apps, you acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of this agreement for the iOS app license terms, and may enforce those terms against you.

18.4 Compliance with third-party terms

You must comply with applicable third-party terms (for example, your carrier or platform rules) when using the app.

18.5 Export/sanctions

You represent you are not prohibited from using the app under applicable sanctions/export laws.

19. Notices and Contact

19.1 Notices from Onwork

We may provide notices by email, in-app message, or other reasonable methods.

19.2 Contact details