REAL WORK LABS LLC dba RealWork Labs, (“RealWork Labs” or “We” or “Us“) operates a platform to help companies optimize their digital marketing return on investment. Our platform is available through the website admin.realworklabs.co (“Site“), and may become available through mobile apps in the future. We use “Platform” to mean our online platform in all formats offered, now and in the future. We use “Services” to mean the services and functionality we offer using the Platform and its technology. Services include without limitation the Subscription Services and the Consulting Services (each as defined below).
THE TERMS AND CONDITIONS SET FORTH HERE GOVERN YOUR USE OF THE REALWORK LABS WEBSITE, AND ARE LEGALLY BINDING ON YOU, THE USER. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT REALWORK LABS MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE AT ANY TIME, WITHOUT NOTICE, AND MAY REVISE THESE TERMS AT ANY TIME. USERS WILL BE NOTIFIED OF SUCH REVISIONS ON SITE VIA A POSTING CONTAINING AN UPDATED VERSION OF THE TERMS. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE TERMS. YOUR CONTINUED USE OF THIS SITE AND/OR SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
“Confidential Information” means all information provided by you or us (“Discloser”) to the other (“Receiver”), whether orally or in writing that is designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser.” Consulting Services” means the professional services provided to you by us, which may include training services, installation, integration or other consulting services. ”Customer Data” means all information that you submit or collect via the Subscription Service. Customer Data does not include Refined Data. “Order Statement” or “Order” means the form or online subscription process by which you agree to subscribe to the Subscription Service and purchase Consulting Services. Most Orders are completed through our online payment process. The purchase form may be referred to as a “Statement of Work” if you are purchasing only Consulting Services. “Refined Data” means the data generated by the Platform and/or Service including any data we make available to you as part of the Subscription Service. “Sensitive Information” means credit or debit card numbers; personal financial account information; Social Security numbers; passport numbers; driver’s license numbers or similar formunique numeric identifiers; racial or ethnic origin; physical health or mental health condition or information; or other employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards. “Subscription Service” means our web-based applications, tools, services, reports and platforms that you have subscribed to or that we otherwise make available to you, that we have developed, operated, and maintained and any ancillary products and services that we provide to you. “Term” means the Initial Term and all Renewal Terms. “RealWork Labs Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Consulting Services, including Refined Data. “Third-Party Products” means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service. “Third-Party Sites” means third-party websites linked from within the Subscription Service, including Communications Services.
Registration and Password Protection. Prior to your gaining access to Services, we will require you to set up an account with a username and password. You agree to comply with the procedures specified by RealWork Labs from time to time regarding obtaining and updating passwords for this site and/or its services. You agree to assume sole responsibility for the security of passwords issued to you. Passwords are subject to cancellation or suspension by RealWork Labs at any time, including upon the misuse of any and the re-issuance or reactivation of passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your password, and you shall inform RealWork Labs immediately in writing of any actual or potential unauthorized access to a password or to this site and/or its services.
2.1 SUBSCRIPTION TERMS
RealWork Labs offers a range of subscription plans to its Services (each, a “Plan”). Each Plan includes a numerical range of user interactions or engagement views (“Events”) and custom messages (“Messages”) that may be recorded by our Services on your registered web page.
You will select your Plan as part of your registration for the Services. Each subscription period for a Plan will be based on the subscription period chosen/sold (e.g. annually, bi-annually, quarterly, monthly). You may choose to be billed for the Plan annually or in less than annual increments (e.g. monthly or bi-annually), but regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period chosen/sold.The Agreement is effective beginning on the Effective Date and will continue for the term set forth in, and in accordance with, the Order Statement (“Initial Term”). The term will automatically renew for consecutive periods of equal duration (each a “Renewal Term”, and together with “Initial Term”, collectively, the “Term”)) unless you or we notify the other of its desire to terminate the Agreement at least ten (10) days prior to the end of the then-current Term. To terminate this Agreement, the Account Owner is required to call in your request to 888-966-5196 .
2.2 BILLING POLICIES, REFUNDS, OVERAGES, AND UPGRADE AND DOWNGRADE TERMS
The fees for your Plan are billed in advance of each billing cycle and paid via credit card over the phone.
In the event you cancel your Plan, no refunds or credits will be provided for partial or unused months of the Services.
If you exceed your Plan’s Event, Tracked User and/or Email limits in any given month, you will be either (a) charged overages for the month based on your current plan’s monthly cost or (b) automatically upgraded to the next level Plan for the remainder of your subscription period. We will always choose the less expensive option for you.
If you upgrade your Plan level, you will immediately be charged for the increased price of the upgraded Plan, prorated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new Plan, beginning with your next billing cycle.
Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
Any questions involving upgrades or downgrades to your Plan can be directed to email@example.com.
2.3 CHANGES IN FEES
We may change the fees for the Services at any time or impose additional fees or charges.
Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, as provided for in Section 12 herein, provided that if you upgrade or downgrade to a new Plan, whether at your election or pursuant to Section 2.2(c), you will be charged at the then-current rate for such Plan.
2.4 PAYMENT OF FEES
As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.
We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
2.5 CREDIT CARD PAYMENTS
All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we, cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later.
You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact RealWork Labs if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your RealWork Labs username or password).
You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
2.6 ACCOUNT CANCELLATION
You may cancel or terminate your use of the Services with or without cause but must be within ten (10) days prior to your next billing date only by contacting customer service at 888-966-5196, subject to the restrictions and fees provided in these Terms, and any additional agreements governing the Services. Text, emails or second party services cancellations will not be accepted.
If you cancel your Plan, you will lose all access, upon the expiration of your final paid period, to the Services and any data or information stored in your account.
The Subscription Fee will be equal to the fee selected in the Order Statement. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third parties. If you are paying by invoice, all amounts invoiced are due and payable upon receipt unless otherwise specified in the Order Statement. If you are paying by credit card, all amounts are due and payable in advance. Amounts not paid within thirty (30) days of the invoice date shall be assessed interest at a monthly rate equal to one and one half percent (1.5%) of the amount owed or the maximum rate allowed by law, whichever is less, calculated from the date the payment was due. Unless otherwise set forth in an Order From, all invoices shall be paid in U.S. dollars. If we commence legal proceedings to collect any payment and prevails, you shall pay our reasonable attorney fees, court costs and other collection expenses. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services.