Field Services Software | public.solutions.mws.fieldServices.home.seo.title | Award Winning Mobile App and Cloud-based Field Services Software Solution

Effective Date: September 4, 2026

Version: 10.1.27

Address: https://www.mobiwork.com/en/field-services-software/terms-of-service.html

Your use of the MobiWork Software-as-a-Service (“SaaS”) solutions (referred to in this document as the "Service") is subject to the terms and conditions of a legal agreement between you and MobiWork LLC ("MobiWork"). This legal agreement is referred to as the "Terms".

1) DEFINITIONS

Software-as-a-Service (SaaS)
"Software-as-a-Service" or "SaaS" shall mean the cloud-based software solutions, applications, services, features, functionality, application programming interfaces (APIs), websites, mobile applications, portals, documentation, updates, upgrades, maintenance, support services, and related technology made available by MobiWork to Client over the internet on a subscription basis.
The Service is hosted, managed, maintained, and operated by MobiWork or its authorized service providers and is accessed remotely by Client through supported web browsers, mobile applications, APIs, or other authorized means.
The SaaS does not include any software, hardware, telecommunications services, third-party products, or services not expressly identified as part of the Service.

Solutions
"Solutions" shall mean the entire suite of MobiWork Software-as-a-Service solutions. Each solution is built for a specific vertical and is subject to the Terms.

Client
"Client" shall mean those persons and/or entities purchasing the MobiWork Service in compliance with the Terms.

Website
"Website" shall mean the MobiWork website located at: https://www.mobiwork.com

Users
"Users" shall mean those persons who use or are referenced by the Service in compliance with the Terms. Anyone who is defined as a user in a MobiWork account is considered a User. Users may include but are not limited to the employees of the Client, consultants, contractors, agents, customers or third parties with which Client conducts business with.

Reseller
"Reseller" shall mean any person or entity who has entered into an agreement with MobiWork to resell the Service.

Content
"Content" shall mean any Content provided through the Service (created by MobiWork or third parties) in compliance with the Terms, including map and terrain data, photographic, aerial and satellite imagery, traffic data, or any other content. Content does not include Client Content.

Client Content
"Client Content" shall mean any content the Client provides in use of the Service. This includes all information, data, documents, forms, work orders, invoices, customer information, files, images, audio recordings, videos, messages, and other content submitted, uploaded, transmitted, or stored by Client or Users through the Service.

Personal Data
"Personal Data" shall mean information relating to an identified or identifiable natural person, as defined by applicable privacy laws, including GDPR, UK GDPR, CCPA, CPRA, and other applicable laws.

Sensitive Data
"Sensitive Data" means Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, health or medical data, biometric data used for unique identification, precise geolocation data, or financial account credentials.

Confidential Information
"Confidential Information" shall mean all proprietary or non-public information disclosed during use or termination of use of the Service, whether written, electronic or oral and designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. This includes but is not limited to:

software;
business processes;
technical information;
financial information;
pricing;
customer information;
trade secrets;
Client Content.

Brand Features
"Brand Features" shall mean all trademarks, brands, logos, service marks, trade dress, slogans, copyrighted designs, copy written material or other brand features.

Patents & Trademarks Rights
"Patents & Trademarks Rights" shall mean copyrights, trademarks, service marks, patents, applications and registration for each of the preceding, trade secrets, moral rights, contractual rights of non-disclosure and/or any other intellectual property or proprietary rights, however arising, globally with MobiWork.

Intellectual Property Rights
"Intellectual Property Rights" shall mean copyrights, patents, trademarks, trade secrets, know-how, moral rights, and all other proprietary rights recognized under applicable laws.

Security Incident
"Security Incident" shall mean unauthorized access to, acquisition of, disclosure of, alteration of, or destruction of Client Content processed by MobiWork. Security Incident does not include unsuccessful intrusion attempts or attacks that do not compromise Client Content.

AI Features
"AI Features" shall mean any artificial intelligence, machine learning, generative AI, predictive analytics, automation, recommendation, or similar functionality incorporated into the Service.

Order Form
"Order Form" shall mean any ordering document, proposal, quote, statement of work, or other written agreement executed by the parties describing purchased Service.

Term
"Term" shall mean the period during which Client's subscription remains active.

Privacy Policy
MobiWork's Privacy Policy outlines how MobiWork secures Client personal information and protects privacy and confidentiality when using the Service. The Privacy Policy can be viewed at https://www.mobiwork.com/en/field-services-software/privacy-policy.html.

Data Processing Addendum (DPA)
"Data Processing Addendum" or "DPA" means the data processing agreement governing MobiWork's processing of Personal Data on behalf of Client as a data processor, incorporated herein by reference and available at https://www.mobiwork.com/dpa.html.

Sub-processor
"Sub-processor" shall mean a third-party service provider engaged by MobiWork to process Personal Data on behalf of Client in connection with providing the Service.

Messaging Features
"Messaging Features" shall mean any SMS/MMS text messaging, automated or manual telephone calling, email, or push notification functionality made available within the Service.

Prospect
"Prospect" means an individual who has not yet purchased or subscribed to the Service but who has contacted MobiWork or provided contact information — for example, by requesting a demo or pricing, submitting a "Contact Us" form, or otherwise opting in on MobiWork's website.

End Recipient
"End Recipient" means any individual a Client contacts using the Messaging Features — including a Client's customers, technicians, employees, or contractors.

TCPA
"TCPA" means the Telephone Consumer Protection Act (47 U.S.C. § 227) and its implementing FCC regulations, together with related federal and state law (e.g., CAN-SPAM, state mini-TCPA statutes), the Telephone Consumer Information Rules ("TCIR") and applicable carrier/industry guidelines (e.g., CTIA Messaging Principles and Best Practices, and campaign registration requirements administered through The Campaign Registry for 10DLC messaging).

2) RELATIONSHIP WITH MOBIWORK

2.1 Use of the Service is subject to the Terms
Use of the Service is subject to the Terms. By accessing or using the Service, Client agrees to be bound by the Terms.

2.2 Incorporated Documents
The Terms include and incorporate by reference:

Privacy Policy;
Data Processing Addendum;
Any additional written agreements (order forms…) executed by the parties.

Before Client uses the Service, Client should read each of the documents comprising the Terms, and print or save a local copy for its records.

2.3 Entire Agreement
The Terms constitute the entire agreement between the parties regarding the Service and supersede all prior agreements, proposals, representations, and understandings.

2.4 Updates to Terms
MobiWork may modify these Terms from time to time, and Client will be able to find the most current version at https://www.mobiwork.com/en/field-services-software/terms-of-service.html.
Material changes shall become effective upon posting on the Website or upon notice to Client. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

2.5 Order of Precedence
In the event of any conflict:

Executed Order Form;
Data Processing Addendum;
Terms of Service;
Privacy Policy.

The higher-ranked document shall control solely with respect to the conflicting subject matter.

3) ACCEPTANCE OF TERMS

3.1 Acceptance by Use
Client can accept the Terms by:
(a) Clicking to accept or agreeing to the Terms, where this option is made available to Client by MobiWork in the user interface for the Service, or
(b) Using the Service. In this case, Client understands and agrees that MobiWork will treat Client use of the Service as acceptance of the Terms from that point onwards.

Authority
Client represents that it possesses the authority and legal capacity to enter into these Terms and, if acting on behalf of an entity, to bind that entity.

Legal Age
Individuals accepting these Terms must be at least eighteen (18) years of age or the legal age required to form a binding contract in their jurisdiction.

Export Restrictions
Client may not access or use the Service if prohibited by United States export laws, sanctions regulations, or other applicable laws.

Compliance with Applicable Laws
Client shall comply with all laws and regulations applicable to its use of the Service, including privacy, employment, telecommunications, and consumer protection laws.

4) LICENSES FROM MOBIWORK TO CLIENT

4.1 Service License
Subject to the Terms and payment of applicable fees, MobiWork grants Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to access and use the Service solely for Client's internal business purposes and in accordance with the Terms. No ownership rights are transferred to Client.

4.2 Content License
MobiWork grants Client a limited, non-exclusive, non-transferable, revocable license to access and use Content provided through the Service solely in connection with Client's authorized use of the Service.
Client acknowledges that:
a) Content is provided for informational and planning purposes only.
Maps, directions, traffic information, and location-based information may be inaccurate due to:

weather;
road closures;
construction;
GPS inaccuracies;
third-party data sources;
network interruptions.

Client shall exercise independent judgment and shall not rely exclusively upon such Content.
(b) Certain Content is provided under license from third parties and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. Client may be held liable for any unauthorized copying or disclosure of this content.

4.3 Scope of Use
Client may permit authorized Users to access and use the Service solely on Client's behalf and remains responsible for all acts and omissions of its Users.
Each User account is intended for use by a single individual unless otherwise authorized by MobiWork.

4.4 Restrictions
Except as expressly permitted under the Terms, Client shall not:

copy the Service;
sell, lease, sublicense, distribute, or assign the Service;
create derivative works based upon the Service;
modify or translate the Service;
circumvent security measures;
interfere with the operation of the Service;
access the Service for competitive analysis or benchmarking purposes;
use the Service to develop a competing product;
remove proprietary notices;
use automated tools to scrape or harvest data.

4.5 Reservation of Rights
Except for the limited rights expressly granted herein, MobiWork and its licensors reserve all right, title, and interest in and to:

the Service;
software;
documentation;
Content;
APIs;
trademarks;
copyrights;
patents;
trade secrets;
know-how;
AI Features;
enhancements and derivative works.

No implied license shall be granted.

4.6 Feedback
Client may voluntarily provide suggestions, ideas, enhancement requests, comments, or recommendations relating to the Service ("Feedback").
Client grants MobiWork a perpetual, irrevocable, worldwide, royalty-free license to use, modify, incorporate, disclose, reproduce, distribute, and otherwise exploit Feedback without restriction and without compensation to Client.

4.7 Software Updates
MobiWork may:

modify the Service;
release updates;
install patches;
add features;
remove features;
enhance performance;
correct defects.

Such updates may be deployed automatically and Client agrees to use supported versions of the Service.

4.8 Beta Features
From time to time, MobiWork may make pre-release, beta, preview, or experimental features available.
Beta Features:

may contain defects;
may be modified or discontinued;
are provided "AS IS";
are not covered by service level commitments.

MobiWork shall have no liability arising from Beta Features.

5) LICENSES FROM CLIENT TO MOBIWORK

5.1 Client Content License
Client retains ownership of Client Content.
Client grants MobiWork a limited, worldwide, non-exclusive license to host, copy, process, transmit, display, modify, and otherwise use Client Content solely as necessary to:

provide the Service;
support Users;
secure the platform;
maintain backups;
perform disaster recovery;
improve performance;
comply with legal obligations.

This license terminates following deletion of Client Content, subject to backup retention obligations.

5.2 Customer Data Ownership
As between the parties, Client retains all right, title, and interest in and to Client Data and Client Content.
MobiWork acquires no ownership rights in Client Data. Nothing in these Terms transfers ownership of Client Data to MobiWork.

5.3 Public Reference Rights
Unless Client provides written notice to the contrary, Client grants MobiWork a limited, revocable, non-exclusive license to:

identify Client as a customer;
display Client's company name;
display Client's logo;
reference the relationship in marketing materials, customer lists, case studies, presentations, and on the Website.

5.4 Aggregate and Anonymous Data
MobiWork may collect and use aggregated, statistical, anonymized, and de-identified information derived from use of the Service for:

product improvement;
analytics;
benchmarking;
capacity planning;
security monitoring;
AI model optimization;
service enhancement.

Such information shall not identify:

Client;
Users;
customers;
employees;
or any individual.

No ownership rights in Client Data are transferred through the creation of aggregate or anonymous information.

5.5 AI and Machine Learning Restrictions
Unless expressly authorized in writing by Client:

Client Content shall not be used to train publicly available artificial intelligence or machine learning models;
MobiWork shall not sell Client Data to AI providers.

5.6 Responsibility for Client Content
Client represents and warrants that:

it possesses all rights necessary to provide Client Content;
Client Content does not infringe any third-party rights;
Client Content does not violate applicable laws;
appropriate notices and consents have been obtained from individuals whose Personal Data is included in Client Content.

Client remains solely responsible for Client Content.

5.7 User Consent
Client is responsible for obtaining all permissions, notices, and consents required for:

employees;
contractors;
customers;
end users;
and other individuals

whose information is collected, processed, transmitted, or stored through the Service.

5.8 Third-Party Integrations
Where Client connects third-party systems or services to the Service, Client grants MobiWork permission to exchange information with such systems solely as necessary to provide the requested integrations. MobiWork is not responsible for the operation, availability, or security of third-party products or services.

6) FEES, BILLING, AND PAYMENT

6.1 Subscription Model
The Service is licensed on a subscription basis.
Subscription fees are determined based upon factors including:

selected Solution;
selected subscription plan;
modules and add-ons;
number of Users;
number of Assets / Equipment;
usage volumes;
support levels;
contractual commitments;
professional services;
connectors;
APIs;
other mutually agreed services.

6.2 User Licensing
Each authorized User requires a separate subscription unless otherwise agreed in writing.
User credentials may not be shared among multiple individuals.
Client is responsible for all activities performed through User accounts.

6.3 Professional Services
Implementation services, training, consulting, configuration, custom development, onboarding assistance, and
other professional services are separate from subscription fees unless expressly included in an Order Form.

6.4 Support Services
Unless otherwise agreed, support is provided:

Monday through Friday;
excluding local holidays;
during normal business hours;
through support tickets, emails and phone calls.

Enhanced support plans may be purchased separately as part of our tiered enterprise success subscriptions.

6.5 Taxes
All fees are exclusive of:

sales taxes;
use taxes;
VAT;
GST;
withholding taxes;
duties;
governmental assessments.

Client is responsible for payment of all applicable taxes, except taxes based solely upon MobiWork's net income.

6.6 Electronic Invoicing
Invoices may be delivered electronically.
Client agrees to receive invoices and notices electronically.
Electronic delivery shall satisfy any legal requirement for written notice.

6.7 Billing
Unless otherwise specified in an Order Form:

Recurrent subscription fees are pre-paid and due upon receipt
50% of all one-time fees is due upon acceptance, with the remaining 50% due Net 90.

6.8 Subscription Changes
Client may:

add Users;
remove Users;
purchase additional modules;
upgrade plans.

Subscription changes activated during a billing cycle may be invoiced on a prorated basis or on the following invoice cycle, unless otherwise specified in an Order Form.

6.9 Fee Changes
MobiWork reserves the right to modify fees.
For existing subscriptions, fee changes shall become effective at the beginning of the next renewal period following reasonable notice.
Fee changes shall not affect amounts already invoiced.

6.10 Disputed Charges
Client must notify MobiWork or its Reseller in writing of any disputed invoice within five (5) business days of the invoice date.
Failure to dispute charges within such period constitutes acceptance of the invoice.

6.11 Confidentiality of Pricing
Pricing, discounts, proposals, and commercial terms are Confidential Information.
Client shall not disclose such information to third parties without prior written consent.

6.12 Collection Costs
Client shall reimburse MobiWork for reasonable costs incurred in collecting overdue amounts, including:

attorneys' fees;
collection agency fees;
court costs;
arbitration costs;
interest.

6.13 No Refunds
Except as expressly provided in an Order Form, all fees paid or payable are non-refundable and non-creditable.

One-time fees:
All one-time fees, including but not limited to activation, implementation, training, setup, configuration, document rendering, professional services, custom development, and other non-recurring services, are non-cancellable and non-refundable upon acceptance of the applicable order form, regardless of whether the associated services have been scheduled, commenced, partially completed, or completed. Customer cancellation, delay, or decision not to proceed with the implementation or use of the Services does not relieve Customer of its obligation to pay such fees.

Recurring subscription fees:
Cancellation or non-renewal may be requested at any time but will become effective only at the end of the then-current subscription term. Cancellation or non-renewal does not relieve the Customer of its obligation to pay any fees due for the remainder of the committed subscription term. No refunds or credits will be provided for prepaid or unused portions of a subscription term. Access to the applicable subscription services, support, and benefits will continue through the effective cancellation date, provided the Customer's account remains in good standing.

6.14 Late Payments
Any amount not paid when due will be considered past due. Past-due amounts may accrue interest at the rate of 2% per month, calculated from the original due date until paid in full.

6.15 Suspension Rights
MobiWork may suspend access to the Service without liability if:

fees become overdue;
Client breaches these Terms;
fraudulent activity is suspected;
use of the Service threatens security or performance;
required by law.

MobiWork shall use commercially reasonable efforts to provide advance notice where practicable.

6.16 Non-Payment
If fees remain unpaid for thirty (30) days or more after becoming overdue, MobiWork may:

suspend the Service;
disable User accounts;
terminate subscriptions;
pursue collection remedies.

Suspension does not relieve Client of its payment obligations.

6.17 Credit Card Charges
Client authorizes MobiWork to charge:

credit cards;
ACH accounts;
payment processors;
other approved payment methods

for amounts due under these Terms.

6.18 Delinquent Accounts
Client acknowledges that delinquent accounts may result in:

suspension;
termination;
loss of access;
deletion of Client Data pursuant to Section 13.

MobiWork shall not be liable for losses resulting from account suspension or deletion following delinquency.

6.19 Data Retention Following Delinquency
Client acknowledges that:

MobiWork is not obligated to retain Client Data indefinitely;
delinquent accounts may be deleted after thirty (30) days;
backup copies may be removed in accordance with retention policies.

Client is responsible for exporting its data prior to termination.

6.20 Automatic Renewal
Unless otherwise specified in an Order Form:

subscriptions automatically renew for successive terms equal to the original term;
either party may elect not to renew by providing written notice at least thirty (30) days prior to renewal.

6.21 Audit Rights
MobiWork may audit Client's use of the Service to verify compliance with:

User licensing;
subscription limitations;
usage restrictions;
payment obligations.

Such audits shall be conducted during normal business hours and in a manner designed to minimize disruption.
If material underpayment or unauthorized usage is discovered, Client shall promptly pay all outstanding amounts.

6.22 Usage-Based Services
Certain Services may be subject to usage-based pricing, including but not limited to:

SMS messages;
email communications;
API calls;
geocoding requests;
maps visualization;
route optimization and planning;
storage capacity;
integrations;
AI features.

Additional fees may apply where usage exceeds the amounts included in the applicable subscription.

6.23 No Setoff
Client shall make payments without deduction, offset, counterclaim, or withholding except as required by law.

6.24 Financial Condition
MobiWork reserves the right to:

require advance payment;
modify payment terms;
suspend services;

where MobiWork reasonably determines that Client's financial condition creates increased credit risk.

7) USE OF THE SERVICE

7.1 Client Responsibility for Users
Client is responsible for the actions and omissions of:

employees;
contractors;
consultants;
agents;
customers;
third parties

granted access to the Service.

7.2 Client Responsibility for Client Content
Client remains solely responsible for Client own conduct and any Content that Client creates, transmits or displays while using the Service and for any consequences thereof.
Client understands and agrees that all information, data, media, documents, or documentation including but not limited to: text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content was originated. This means that Client, not MobiWork, is entirely and solely responsible for all Content that Client uploads, posts, emails or otherwise transmits via this Service.
MobiWork does not control the Client Content posted via the Service, and as such, does not guarantee the accuracy, integrity, completeness, legality or quality of such content. Under no circumstances will MobiWork be liable in any way for any Client Content, including, but not limited to, for any errors or omissions in any Client Content, or for any loss or damage of any kind incurred as a result of the use of any Client Content posted, emailed or otherwise transmitted via the Service.

7.3 Passwords and Security
Client is responsible for:

maintaining password confidentiality;
safeguarding credentials;
restricting unauthorized access;
promptly revoking access credentials for departed personnel;
ensuring that mobile devices accessing the Service are protected by a device passcode or biometric lock;
notifying MobiWork promptly of suspected security breaches.

Client shall be responsible for activities occurring under its accounts.

7.4 User Accounts
Client needs one subscription for each of the Client's Users, whether or not the User accesses the Service.
Each User account is intended for use by one individual. Account sharing is prohibited unless expressly authorized.
MobiWork may implement controls to detect and prevent:

credential sharing;
simultaneous logins;
unauthorized access.

7.5 Compliance with Laws
Client acknowledges and agrees that MobiWork does not allow any illegal activities. Client shall comply with all applicable:

laws;
regulations;
ordinances;
industry standards;
telecommunications requirements;
privacy laws;
employment laws;
export regulations;
consumer protection laws;

in connection with its use of the Service.
Client is solely responsible for determining whether its use of the Service complies with applicable legal requirements.

7.6 International use and export compliance
Client shall comply with the export laws and regulations of the United States and other applicable jurisdictions in using the Service. Without limiting the foregoing, (i) Client represents that Client is not named on any U.S. government list of persons or entities prohibited from receiving exports, and (ii) Client will not access or use Service in violation of any U.S. export embargo, prohibition or restriction.

7.7 Acceptable Use
Client shall not use nor permit any third party to use the Service for:

Any illegal activities:

violate any law or regulation;
facilitate fraud;
engage in deceptive practices;
conduct unlawful surveillance.

Transmitting or storing offensive content:

obscene material;
hateful content;
discriminatory content;
threatening communications;
defamatory information;
unlawful content.

Uploading content that infringes any Intellectual Property rights:

copyrights;
trademarks;
patents;
trade secrets;
privacy rights.

Introducing malware:

viruses;
worms;
ransomware;
Trojan horses;
malicious code.

Attempting unauthorized access:

bypass authentication;
exploit vulnerabilities;
interfere with security mechanisms;
impersonate another person or entity or falsely misrepresent Client affiliation with any person or entity;
create User accounts under false or fraudulent pretenses;
restrict or inhibit any other User from using and enjoying the Service;
interfere with or disrupt the Service, servers, or networks connected to the Service;
gain unauthorized access to systems or networks.

Engaging in spam:

spam;
flooding;
unsolicited communications;
chain letters;
pyramid schemes;
deceptive advertising.

Performing scraping activities:

bots;
crawlers;
spiders;
automated extraction tools.

7.8 Reverse Engineering
Client shall not:

reverse engineer;
decompile;
disassemble;
copy;
modify;
create derivative works from the Service.

7.9 Competitors
Client shall not access the Service for:

competitive analysis;
benchmarking;
developing competing products;
monitoring availability or performance for competitive purposes.

7.10 Fair Usage Policy
Client shall not use the Service in a manner that:

materially degrades platform performance;
creates excessive loads;
interferes with other customers;
circumvents usage restrictions.

MobiWork may suspend excessive activities.

7.11 APIs Usage
Client shall not:

abuse APIs;
circumvent rate limits;
overload systems;
use APIs in a manner detrimental to platform stability.

MobiWork may implement:

rate limiting;
throttling;
suspension mechanisms.

7.12 Usage Limits
MobiWork may establish reasonable limits, including but not limited to:

Transactions

work orders;
projects;
tasks;
activities;
forms;
invoices;
custom fields;
mobiRules;
notifications;
route optimization and planning;
geocoding requests;
reports;
dashboards;
bulk import and export.

Storage

overall data storage;
images;
videos;
audio files;
documents;
attachments.

Records

customers;
products;
assets;
routes;
service contracts;
forms;
quotes;
invoices;
projects.

Integrations

API calls;
webhooks;
synchronization activities.

Messaging

emails;
SMS messages;
push notifications.

AI Features

AI requests;
token consumption;
automation activities.

Additional capacity may be purchased.

7.13 General practices regarding use and storage
Client agrees that MobiWork has no responsibility or liability for the deletion or failure to store Client Content and other communications maintained or transmitted by the Service. MobiWork is not responsible for any lost or unrecoverable Client Content.

7.14 Data Retention
Client acknowledges and agrees that MobiWork may impose limits on the amount of time Client Content is retained. MobiWork may establish retention policies for:

closed work orders;
submitted forms;
notes;
historical GPS locations;
images;
videos;
quotes;
invoices;
entities history;
inventory history and movements;
backups.

Additional data retention beyond plan defaults is available at additional cost. Extended retention must be configured before data ages out — MobiWork is not able to recover expired data.

7.15 Support Services
Support shall be governed by:

subscription plans;
tiered enterprise success subscription packages.

Please refer to section 6.4.

7.16 Service Availability
The Service may experience interruptions resulting from:

maintenance;
upgrades;
hardware failures;
network outages;
third-party providers;
force majeure events.

MobiWork does not guarantee uninterrupted operation.

7.17 Changes to the Service
MobiWork is constantly innovating in order to provide the best possible experience for its Users. Client acknowledges and agrees that the form and nature of the Service may change from time to time without prior notice to Client. As part of this continuing innovation, Client acknowledges and agrees that MobiWork may stop (temporarily or permanently) providing the Service (or any features within the Service) to Client or to Users generally at MobiWork's sole discretion, without prior notice to Client.
If not done automatically, MobiWork also reserves the right to require Client to obtain and use the most recent version.

7.18 Other software and hardware
Client shall be responsible for obtaining and maintaining, at Client own expense, all computer hardware, software, communication equipment, access lines, smartphones, tablets and any device Client use to access and utilize the Service.

7.19 Mobile Devices
Client is responsible for:

smartphones;
tablets;
internet access;
telecommunications charges;
roaming charges;
device security.

MobiWork recommends:

password protection;
biometric authentication;
Mobile Device Management (MDM) solutions.

7.20 No MDM Functionality
The Service is not a Mobile Device Management solution. Additional MDM tools may be recommended depending upon Client use cases.

7.21 Data roaming and overusage
MobiWork is not responsible for any charges incurred for roaming and overusage charges incurred by Client while using the Service. Client is responsible for any data, texting, roaming, and long distance charges incurred on mobile device plans.

7.22 Safety Warning
Users should not interact with the Service while:

driving;
operating machinery;
performing hazardous activities.

Client assumes all risks associated with such use.

7.23 Emergency Features
MobiWork takes security very seriously and the concept behind the Emergency and Safety Watchdog features is to provide additional mechanisms to protect your mobile workforce. However, these features are provided on a best effort basis and cannot be guaranteed. These features are not a replacement of your cellular service emergency (e.g. 911) calls. Client acknowledges and understands that MobiWork will not be liable for any service outage and/or inability to notify or to access emergency operator. Client agrees to defend, indemnify, and hold harmless MobiWork, its officers, directors, employees from any claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees) relating to the failure or outage of the service, including those related to the Emergency and Safety Watchdog features.

7.24 Location Tracking
MobiWork provides location-based features as part of the Service. These features are optional and can be activated/deactivated by the Client at its own discretion. Each individual User can also deactivate location tracking within the application. MobiWork takes the User privacy rights very seriously and offers multiple location tracking modes and parameters to respect the privacy of the User. Client is responsible for:

obtaining required notices;
obtaining consent where required;
complying with employment and privacy laws.

To provide location-based features, MobiWork collects and uses the real time geographic location of the User smartphone or tablet. The location is provided by the smartphone or tablet internal sensor(s) and its precision and accuracy are device specific and cannot be guaranteed.

7.25 Third-Party Content
MobiWork is not responsible for:

external websites;
third-party integrations;
advertisements;
content provided by third parties.

7.26 Artificial Intelligence ("AI") Features
AI Features are provided on a best-efforts basis.
Outputs generated by AI Features:

may contain inaccuracies;
may be incomplete;
should not replace human judgment.

Client is responsible for verifying AI-generated results.

7.27 AI Restrictions
Client shall not use AI Features:

unlawfully;
to infringe intellectual property rights;
to generate malicious code;
to impersonate individuals;
to engage in discrimination;
to violate privacy laws.

7.28 SMS, Email and Communications
Client is solely responsible for:

obtaining consent;
honoring opt-out requests;
maintaining records;
complying with applicable laws.

Client shall comply with:

TCPA;
CTIA Messaging Principles;
CAN-SPAM;
carrier requirements;
anti-spam laws.

MobiWork may suspend messaging capabilities for violations.

7.29 Website Accessibility
The majority of the pages on the Website are accessible to individuals with disabilities in accordance with Section 508 of the Rehabilitation Act. If Client has difficulties accessing any part of the site, please let MobiWork know, and MobiWork will do its best to reasonably provide Client with prompt access to the information Client desires.
For Visitors with visual disabilities:
(a) Images on the Website are accompanied by alternative text describing graphics.
(b) Documents on the Website are presented in many formats generally accessible to Users using screen reading software.
(c) If Client has trouble viewing any page on the Website with adaptive technology, please let MobiWork know right away.

7.30 Other Content
The Service may include hyperlinks to other websites or content or resources. MobiWork has no control over any web sites or resources that are provided by companies or persons other than MobiWork. Client acknowledges and agrees that MobiWork is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

7.31 Data Privacy Obligations
Client is responsible for ensuring that:

employees;
customers;
contractors;
end users

have received any required notices and provided any required consents.

7.32 Customer Compliance Responsibilities
MobiWork does not provide:

legal advice;
accounting advice;
tax advice;
employment advice;
regulatory advice.

Client is solely responsible for its compliance obligations.

7.33 Reselling
Client agrees to not charge Users or any other third party any incremental fee solely for the use of the Service or the Content, unless Client has entered into a separate agreement with MobiWork, or obtained MobiWork's written permission to do so.

7.34 Enforcement
MobiWork may:

investigate violations;
suspend accounts;
remove content;
cooperate with regulators and law enforcement.

MobiWork reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In cooperation with government requests and legal process, to protect the integrity and operation of the Service, MobiWork may access and disclose any information it considers necessary or appropriate, including, without limitation, User profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.

7.35 Monitoring
MobiWork may monitor:

performance;
security;
availability;
usage patterns

to maintain and improve the Service.
Such monitoring shall be conducted in accordance with applicable privacy laws.

7.36 Reserved Rights
MobiWork reserves the right to:

suspend access;
remove content;
limit usage;
disable features

where necessary to protect:

security;
stability;
legal compliance;
the interests of other customers.

8) PRIVACY, SECURITY, AND DATA PROTECTION

8.1 Client Content Ownership
As between the parties, Client retains all right, title, and interest in and to:

Client Content;
Personal Data;
documents;
forms;
work orders;
invoices;
images;
videos;
audio recordings;
customer information.

MobiWork acquires no ownership rights in Client Content.

Client grants MobiWork only the limited rights necessary to:

provide the Service;
host the Service;
secure the platform;
perform backups;
perform disaster recovery;
maintain and improve the Service;
comply with legal obligations.

8.2 Privacy and Data Protection
MobiWork shall maintain commercially reasonable administrative, physical, and technical safeguards designed to protect Client Content against:

unauthorized access;
disclosure;
destruction;
alteration;
loss.

MobiWork processes Personal Data in accordance with:

its Privacy Policy;
its Data Processing Addendum (DPA);
applicable privacy laws;
these Terms.

8.3 GDPR, UK GDPR and International Data Protection

8.3.1 Scope
This Section applies where Client processes Personal Data of individuals located in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland (collectively, "Covered Jurisdictions") through the Service. To the extent of any conflict between this Section and other provisions of the Terms, this Section controls with respect to Personal Data from Covered Jurisdictions.

8.3.2 Roles of the Parties
For purposes of applicable data protection law (including EU GDPR 2016/679 and UK GDPR):

Client is the Data Controller — Client determines the purposes and means of processing Personal Data submitted to the Service.
MobiWork is the Data Processor — MobiWork processes Personal Data solely on Client's documented instructions as set forth in the Terms and the DPA.
Where MobiWork processes Personal Data for its own purposes (e.g., account management, fraud prevention, product improvement using anonymized data), MobiWork acts as an independent Data Controller subject to its Privacy Policy.

8.3.3 Lawful Basis for Processing
Client represents and warrants that it has identified and documented a valid lawful basis under GDPR Article 6 for each type of Personal Data submitted to the Service, and that appropriate privacy notices have been provided to data subjects. Where consent is the lawful basis, Client is responsible for obtaining and documenting valid, freely given, specific, informed, and unambiguous consent.

8.3.4 Data Subject Rights
MobiWork provides the following tools to assist Client in fulfilling data subject rights under GDPR Articles 15–22:

Right	Description	How to Exercise
Access (Right to Know)	Obtain a copy of personal data we hold about you, including categories, purposes, and recipients.	Email privacy@mobiwork.com
Rectification / Correction	Correct inaccurate or incomplete personal data.	Update directly in account settings, or email privacy@mobiwork.com
Erasure / Deletion	Request deletion of personal data where no longer necessary, consent withdrawn, or processing unlawful.	Email privacy@mobiwork.com — Subject: Deletion Request
Data Portability	Receive personal data in a structured, machine-readable format.	List > Export to Excel, or email privacy@mobiwork.com
Restriction of Processing	Request that processing be restricted while a dispute is pending.	Email privacy@mobiwork.com — Subject: Restriction Request
Object to Processing	Object to processing based on legitimate interests or for direct marketing.	Opt out of marketing via Opt Out form or unsubscribe link; other objections via privacy@mobiwork.com
Withdraw Consent	Withdraw consent at any time where processing is consent-based (e.g., marketing emails, location tracking).	Unsubscribe link in emails, Opt Out form; location opt-out in mobile app Settings
Lodge a Complaint	File a complaint with your local supervisory authority. EEA: national DPA. UK: ICO. Switzerland: FDPIC.	BBB National Programs
DPF Rights (EEA/UK/Swiss)	Invoke DPF recourse mechanisms — JAMS, supervisory authority, or Annex I arbitration.	BBB National Programs for full escalation paths
CCPA Rights (California)	Know, delete, correct, opt out of sale/sharing, limit use of sensitive PI, non-discrimination.	Email privacy@mobiwork.com — Subject: CCPA Request

8.3.5 International Data Transfers
MobiWork's primary infrastructure is hosted in the United States. Where Personal Data from Covered Jurisdictions is transferred to the United States, MobiWork relies on the following mechanisms in order of priority:

Primary: EU-U.S. Data Privacy Framework (DPF), UK Extension, and Swiss-U.S. DPF. MobiWork's active certification may be verified at dataprivacyframework.gov/s/participant-search.
Fallback: Standard Contractual Clauses (EU Commission Decision (EU) 2021/914, Module 2) for EEA transfers; UK IDTA for UK transfers; Swiss-amended SCCs for Swiss transfers.
Transfer Impact Assessment (TIA): Available to Clients upon written request to privacy@mobiwork.com.
Sub-processors: MobiWork's sub-processor list, including transfer mechanisms, is published at mobiwork.com/subprocessors and updated with 30 days' notice of changes.

8.3.6 EU-U.S. Data Privacy Framework (DPF) Commitments
MobiWork, Inc. complies with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF as administered by the U.S. Department of Commerce. MobiWork commits to the following DPF Principles:

Notice: Data subjects are informed of processing practices through the MobiWork Privacy Policy and at the time of data collection.
Choice: Individuals may opt out of processing for secondary purposes. For Sensitive Data, MobiWork requires explicit opt-in consent. Opt-out: privacy@mobiwork.com.
Accountability for Onward Transfer: Sub-processors are contractually required to provide equivalent DPF-level protection. MobiWork remains liable for unauthorized sub-processor processing.
Security: AES-256 encryption at rest, TLS 1.2+ in transit, SOC 2 Type II controls, and annual penetration testing.
Data Integrity & Purpose Limitation: Personal Data is processed only for the purposes stated at collection and not in a manner incompatible with those purposes.
Access: Data subjects may access, correct, or delete their Personal Data by contacting privacy@mobiwork.com. Requests are fulfilled within 30 days.
Recourse & Enforcement: MobiWork is subject to FTC jurisdiction. Unresolved complaints may be escalated to JAMS International DPF dispute resolution (jamsadr.com/dpf) at no cost, and as a last resort to DPF Annex I binding arbitration.
Certification Lapse: If DPF certification lapses, MobiWork will notify Client within 30 business days and activate SCCs as the fallback mechanism immediately.

8.3.7 Data Breach Notification
MobiWork will notify Client without undue delay — and in any event within 72 hours of becoming aware — of any confirmed Personal Data breach affecting Client Content. Notification will include: nature of the breach, categories and approximate number of affected data subjects, likely consequences, and measures taken or proposed. MobiWork will cooperate with Client to fulfill Client's notification obligations to supervisory authorities and affected data subjects.

8.3.8 Data Protection Officer
MobiWork has designated a privacy contact responsible for data protection matters. Clients and data subjects with privacy questions or complaints may contact: privacy@mobiwork.com or MobiWork LLC, Attn: Privacy Team, 6501 Congress Avenue, Suite 330, Boca Raton, Florida 33487, USA.

8.3.9 Regional Compliance
MobiWork's privacy practices are designed to support Client compliance with the following frameworks:

Regulation	Jurisdiction	Key Obligations Supported by MobiWork
EU GDPR	European Union / EEA	DPA, SCCs, DPF, 72-hr breach notice, data subject rights tooling
UK GDPR + DPA 2018	United Kingdom	UK IDTA, ICO registration, UK-specific DSR flows
Swiss nFADP	Switzerland	Swiss-U.S. DPF, FDPIC notification support
CCPA / CPRA	California, USA	Deletion rights, opt-out, privacy notice, no data sale
PIPEDA	Canada	Consent management, breach reporting to OPC

8.4 California Privacy Laws
Where applicable, MobiWork acts as a:

Service Provider;
Contractor;

under:

CCPA;
CPRA;
similar U.S. state privacy laws.

MobiWork shall not sell Client Personal Data except as permitted by law.

8.5 International Data Transfers
Client Content may be processed in:

the United States;
Canada;
other jurisdictions where MobiWork or its Sub-processors operate.

Where required, MobiWork shall rely upon:

Standard Contractual Clauses;
UK International Data Transfer Addendum;
other legally recognized transfer mechanisms.

8.6 Security Program
MobiWork maintains a security program intended to protect the confidentiality, integrity, and availability of the Service.
Security measures may include:

Encryption

TLS encryption in transit;
encryption at rest where applicable.

Access Controls

role-based access control (RBAC) permissions;
authentication controls;
least-privilege principles.

Monitoring

logging;
intrusion detection;
threat monitoring.

Backup and Recovery

backups;
disaster recovery;
business continuity procedures.

Vulnerability Management

patching;
security updates;
periodic penetrating testing;
periodic reviews.

Employee Security Awareness

training;
confidentiality obligations.

8.7 Security Incident Notification
In the event of a confirmed Security Incident involving Client Personal Data, MobiWork shall notify Client without undue delay — and in any event within 72 hours of becoming aware.
Such notice may include:

nature of the incident;
categories of affected data;
mitigation efforts;
corrective actions.

MobiWork makes no representation that every attempted intrusion can be detected or prevented.

8.8 Sub-processors
Client authorizes MobiWork to engage Sub-processors.
MobiWork shall:

impose confidentiality obligations;
impose reasonable security obligations;
remain responsible for Sub-processors as required by law.

Information regarding material Sub-processors shall be made available upon reasonable request.

8.9 Data Retention
During the subscription term, MobiWork shall retain Client Content necessary to provide the Service.
Upon termination:

Client may export Client Content prior to the termination;
MobiWork may delete Client Content after applicable retention periods;
backup copies may remain temporarily.

MobiWork has no obligation to retain Client Content indefinitely.

8.10 Data Residency
MobiWork may determine hosting locations and infrastructure providers.
Specific data residency commitments shall apply only if expressly agreed in writing.

8.11 Aggregate and Anonymous Data
MobiWork may collect and use:

statistical information;
aggregated information;
anonymized information;
de-identified information

for:

analytics;
benchmarking;
product development;
capacity planning;
security;
service improvement.

Such information shall not identify:

Client;
Users;
customers;
individuals.

8.12 Artificial Intelligence and Machine Learning
Unless expressly authorized in writing by Client:
Client Data shall not be used to train publicly available AI or machine learning models.
MobiWork may use anonymized and aggregated information to improve:

algorithms;
AI Features;
analytics;
automation capabilities.

8.13 AI Feature Disclaimer
AI-generated outputs:

may be inaccurate;
may be incomplete;
should not replace human judgment.

Client is responsible for reviewing AI-generated outputs.
MobiWork does not warrant the accuracy of AI-generated recommendations.

8.14 SMS, Telephone , Email & Push Notification Compliance (TCPA / TCIR)
This Section governs two distinct sets of communications:

Part A: MobiWork's Communications with Prospects and Clients:
Communications MobiWork LLC ("MobiWork," "we," "us") sends to Prospects and Clients — that is, anyone who requests information, requests a demo, submits a web form, or registers for, purchases, or uses the Service.

Part B: Client's Use of the Platform to Communicate with End Recipients :
Communications a Client sends to its own end users, employees, technicians, contractors, or customers (each, an "End Recipient") using SMS, voice/telephone, email, or push notification features made available through the Service (the "Messaging Features").

8.14.1 Part A: MobiWork's Communications with Prospects and Clients

8.14.1.1 Consent and Opting In
You opt in to receive SMS, telephone, and email communications from MobiWork by providing your phone number or email address through one of our official channels, including: the "Free Demo" form on the Website, the Opt In form on the Website (https://platform.mobiwork.com/public/privacy/optIn.html), and our account registration/settings pages.

As stated in MobiWork's Privacy Policy, by opting in you authorize MobiWork and its service providers to contact you by SMS/MMS text message, telephone call (including automated or prerecorded calls), email, and push notification.

For transactional/account communications, your consent is obtained as a condition of using the Service and is disclosed at the point you provide your phone number or email. For marketing communications, we will obtain your prior express written consent separately consistent with TCPA requirements.

Consent to marketing messages is never required as a condition of purchasing or using the Service.

The information (email, phone number) obtained as part of the consent process will not be shared with third parties for marketing or promotional purposes. Full detail on how MobiWork collects, uses, and lets you manage this information is set out in the MobiWork Privacy Policy, which this Section incorporates by reference.

8.14.1.2 Types of Communications
This applies whether you are a Prospect evaluating MobiWork or an existing Client, for purposes including:
If you are a Prospect:

Responding to demo, pricing, or contact-form requests
Appointment reminder
Sales follow-up and product information (only with the consent described in Section 8.14.1.1)

If you are a Client:

Account setup, verification, and login (e.g., one-time passcodes, two-factor authentication)
Transactional and service notifications (billing, invoices, renewal reminders, service interruptions, security alerts)
Customer support and onboarding communications
Appointment reminder
Product updates, maintenance windows, and policy changes

For both Prospects and Clients:

Marketing and promotional messages about MobiWork (only where you have separately opted in, where required by law)

8.14.1.3 Message Frequency & Rates
Message frequency varies based on your account activity and preferences. Message and data rates may apply. Check with your mobile carrier for details on your messaging plan.

8.14.1.3 Opting Out (SMS)
You may opt out of SMS messages from MobiWork at any time by replying STOP to any text message we send, or by using the Opt Out form on the Website (https://platform.mobiwork.com/public/privacy/optOut.html). If you replied STOP, you will receive one final confirmation message, after which you will no longer receive SMS messages from that program. Opting out of SMS does not opt you out of transactional emails or in-app notifications required to operate your account; you can manage those through your account settings.

8.14.1.4 Help
Reply HELP to any MobiWork text message for assistance, or contact us at privacy@mobiwork.com or support@mobiwork.com.

8.14.1.5 Telephone Calls
MobiWork or its agents may contact you by telephone, including using an automatic telephone dialing system or artificial/prerecorded voice, for the purposes described in Section 8.14.1.2. You may revoke consent to receive such calls at any time by notifying us at privacy@mobiwork.com or support@mobiwork.com, telling a live or automated representative during a call, or following the opt-out instructions provided in the call.

8.14.1.6 Push Notifications
If you install the MobiWork mobile, MobiWork may send you alerts related to your account and platform activity. You can disable push notifications at any time by going to your device's operating system settings and turning them off.

8.14.1.7 Email
MobiWork's email communications comply with the CAN-SPAM Act, including providing a functioning unsubscribe link in every marketing email and honoring opt-out requests within the legally required timeframe. You may also opt out of newsletters and promotional emails at any time using the Opt Out form on the Website (https://platform.mobiwork.com/public/privacy/optOut.html). Transactional and account-related emails (e.g., receipts, password resets, security notices, and rare service announcements such as planned maintenance) are not promotional in nature and are not subject to unsubscribe, as noted in the MobiWork Privacy Policy.

8.14.2 Part B: Client's Use of the Platform to Communicate with End Recipients

8.14.2.1 Client Is Responsible for Compliance
MobiWork provides the technology that allows Clients to send SMS, email, telephone, and push communications to their own End Recipients (for example, appointment reminders, dispatch/technician arrival notifications, job status updates, or invoices). MobiWork acts solely as a platform/technology provider in this context. The Client is the "sender" and originator of these messages for legal purposes and bears full responsibility for TCPA and related legal compliance.
Client represents, warrants, and agrees that it will comply with all applicable laws and industry guidelines governing its outbound communications to End Recipients, including but not limited to:

The TCPA and FCC implementing regulations
CAN-SPAM and applicable state email marketing laws
CTIA Messaging Principles and Best Practices
Carrier and aggregator requirements, including 10DLC campaign registration through The Campaign Registry (TCR) where applicable
State-level telemarketing and "mini-TCPA" statutes
Applicable Do-Not-Call (DNC) registry requirements (federal and state)

8.14.2.2 Prohibited Uses
Client shall not use the Messaging Features to:

Send marketing messages to any person who has not provided Prior Express Written Consent.
Contact any number listed on the National Do Not Call Registry or any applicable state DNC list.
Contact any number that has opted out. Opt-outs must be processed within 10 business days.
Send messages outside permitted hours — only between 8:00 AM and 9:00 PM local time of the called party.
Use spoofed caller ID or sender information in violation of the Truth in Caller ID Act.
Send content relating to Sex, Hate, Alcohol (to minors), Firearms, or Tobacco/Cannabis ("SHAFT").

8.14.2.3 Suspension Rights
MobiWork reserves the right to suspend the Messaging Features access immediately upon credible evidence of TCPA violations or consumer complaints, and to cooperate with regulatory investigations including providing Client message logs and consent records in response to valid legal process.

8.14.2.4 Carrier Registration
Where Client's use of SMS/MMS features requires campaign registration (e.g., 10DLC registration with The Campaign Registry, toll-free verification, or short code provisioning), Client agrees to provide accurate information for that registration, to promptly update it if its messaging use case changes, and acknowledges that carriers may filter, delay, or block messages that are inaccurately registered or that violate carrier policies — MobiWork is not responsible for delivery failures resulting from Client's registration or content choices.

8.14.2.5 TCPA Indemnification
In addition to Section 8.14.2.1, Client specifically agrees to indemnify, defend, and hold harmless MobiWork and its officers, directors, employees, and agents from and against any and all claims, damages, fines, penalties, and costs (including reasonable attorneys' fees) arising from: (i) Client's violation of the TCPA, TCIR, CAN-SPAM, Truth in Caller ID Act, or any applicable telecommunications law; (ii) Client's failure to obtain required consents; (iii) Client's failure to honor opt-out requests; or (iv) any regulatory action related to Client's use of the Messaging Features.

8.14.2.6 Consent and Opting In
Before using the Messaging Features to contact any End Recipient, Client must obtain and be able to document all legally required consent, including:

Prior express written consent before sending any marketing or promotional SMS/MMS message or making any autodialed/prerecorded marketing call to an End Recipient's telephone number.
Prior express consent (which may be non-written where permitted) before sending informational or transactional messages, such as appointment reminders or service notifications.
Consent that clearly discloses: the identity of the business sending the message, the nature/purpose of the messages, that message and data rates may apply, expected message frequency, and how to opt out.

Client is solely responsible for the accuracy of the phone numbers and email addresses it uploads or enters into the Service, and for ensuring it has the right to contact each End Recipient at the number or address provided.

MobiWork provides an Opt In electronic form on the Website (https://platform.mobiwork.com/public/privacy/optIn.html) where your End Recipient can opt in to receive SMS, telephone, and email communications by providing their phone number or email address.

As stated in MobiWork's MobiWork Privacy Policy, by opting in End Recipient authorize Client and its service providers to contact them by SMS/MMS text message, telephone call (including automated or prerecorded calls), email, and push notification.

Consent to marketing messages is never required as a condition of purchasing or using the Service.

The information (email, phone number) obtained as part of the consent process will not be shared with third parties for marketing purposes. Full detail on how MobiWork collects, uses, and lets you manage this information is set out in the MobiWork Privacy Policy, which this Section incorporates by reference.

8.14.2.7 Types of Communications

Transactional notifications (quote ready for review and approval, invoice, renewal reminders)
Appointment reminder
Marketing and promotional messages

8.14.2.8 Message Frequency & Rates
Message frequency varies based on your account activity and preferences. Message and data rates may apply. Check with your mobile carrier for details on your messaging plan.

8.14.2.9 Opting Out (SMS)
You may opt out of SMS messages at any time by replying STOP to any text message we send, or by using the Opt Out form the Website (https://platform.mobiwork.com/public/privacy/optOut.html). If you replied STOP, you will receive one final confirmation message, after which you will no longer receive SMS messages from that program.

8.14.2.10 Help
Reply HELP to any MobiWork text message for assistance, or contact us at privacy@mobiwork.com or support@mobiwork.com.

8.14.2.11 Telephone Calls
Client or its agents may contact you by telephone, including using an automatic telephone dialing system or artificial/prerecorded voice, for the purposes described in Section 8.14.2.7. You may revoke consent to receive such calls at any time by notifying us at privacy@mobiwork.com or support@mobiwork.com, telling a live or automated representative during a call, or following the opt-out instructions provided in the call.

8.14.2.12 Push Notifications
If you install the MobiWork mobile application, MobiWork may send you alerts related to your account and platform activity. You can disable push notifications at any time by going to your device's operating system settings and turning them off.

8.14.2.13 Email
MobiWork's email communications comply with the CAN-SPAM Act, including providing a functioning unsubscribe link in every marketing email and honoring opt-out requests within the legally required timeframe. You may also opt out at any time using the Opt Out form on the Website (https://platform.mobiwork.com/public/privacy/optOut.html).

8.14.3 General Provisions (Applicable to Both Parts)

8.14.3.1 No Purchase Required
Consent to receive marketing SMS, calls, or emails is never a condition of purchasing any goods or services from MobiWork or from a Client using the Platform.

8.14.3.2 Carrier Disclaimer
Message delivery is subject to effective transmission from your network provider. SMS services are supported by most major U.S. wireless carriers. However, delivery is not guaranteed and may be affected by carrier limitations, mobile device compatibility, or network availability.
Wireless carriers are not liable for delayed or undelivered messages.

8.15 Compliance Frameworks
MobiWork may maintain or pursue:

SOC type 2;
ISO 27001;
ISO 27701;
industry-standard security frameworks.

No representation regarding certification is made unless such certification has been formally obtained.

8.16 HIPAA Disclaimer
The Service is not intended for the storage, processing, or transmission of Protected Health Information ("PHI") regulated under HIPAA unless:

MobiWork expressly agrees in writing; and
a Business Associate Agreement ("BAA") has been executed.

Absent a BAA, Client shall not use the Service to process PHI.

8.17 Service Level Agreement
Availability targets, support response times, maintenance windows, and service credits are governed by the applicable SLA.
Unless otherwise stated, MobiWork does not guarantee uninterrupted availability.

8.18 Compliance Responsibilities
Client remains solely responsible for compliance with:

employment laws;
privacy laws;
labor laws;
telecommunications laws;
tax laws;
industry regulations.

MobiWork does not provide:

legal advice;
accounting advice;
regulatory advice;
tax advice.

8.19 Source Code Escrow
Any source code escrow arrangement shall be governed exclusively by a separate written agreement.
Nothing in these Terms grants Client access to source code absent such agreement.

8.20 Privacy Frameworks
MobiWork may adopt recognized privacy frameworks and international standards relating to:

privacy;
cybersecurity;
information governance;
international transfers.

No certification obligations are created unless expressly stated in writing.

8.21 No Sale of Personal Data
Except as required to provide the Service, MobiWork shall not:

sell Personal Data;
share Personal Data for cross-context behavioral advertising;
monetize Personal Data in violation of applicable law.

8.22 Survival
Privacy, confidentiality, and data protection obligations survive termination of the Service to the extent required by applicable law.

9) CONFIDENTIALITY

9.1 Mutual Confidentiality
Each party ("Receiving Party") agrees to protect the Confidential Information of the other party ("Disclosing Party") and shall not use or disclose such Confidential Information except:

as necessary to perform obligations under these Terms;
as authorized in writing by the Disclosing Party;
as otherwise permitted by these Terms.

9.2 Standard of Care
Receiving Party shall protect Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.
Receiving Party shall restrict access to Confidential Information to:

employees;
contractors;
advisors;
affiliates;
Sub-processors;

who have a legitimate need to know and who are bound by confidentiality obligations no less protective than those contained herein.

9.3 Exclusions
Confidential Information does not include information that:

Public Information: becomes publicly available through no wrongful act of the Receiving Party.
Prior Knowledge: as lawfully known to Receiving Party before disclosure.
Independent Development: is independently developed without use of Confidential Information.
Third-Party Sources: is lawfully obtained from a third party without restriction.
Authorized Disclosure: has been approved for disclosure in writing by the Disclosing Party.

9.4 Required Disclosure
If Receiving Party is required by law, court order, subpoena, or governmental authority to disclose Confidential Information, Receiving Party shall:

promptly notify Disclosing Party, unless prohibited by law;
reasonably cooperate with efforts to obtain protective treatment;
disclose only the minimum amount legally required.

9.5 Return or Destruction
Upon termination or written request, Receiving Party shall:

return;
destroy; or
permanently delete

Confidential Information, subject to:

backup retention requirements;
legal obligations;
disaster recovery procedures.

9.6 Injunctive Relief
Each party acknowledges that unauthorized disclosure of Confidential Information may cause irreparable harm for which monetary damages may be inadequate.
Accordingly, either party may seek:

temporary restraining orders;
preliminary injunctions;
permanent injunctions;
equitable relief;

without posting bond or proving actual damages.

9.7 Survival
Confidentiality obligations survive termination of the Service for a period of five (5) years following termination, except with respect to trade secrets and Client Personal Data, which shall survive for so long as such information remains protected under applicable law.

10) INTELLECTUAL PROPERTY RIGHTS

10.1 Ownership of the Service
MobiWork and its licensors retain all right, title, and interest in and to:

the Service;
software;
source code;
APIs;
documentation;
Content;
AI Features;
patents;
copyrights;
trademarks;
trade secrets;
know-how;
proprietary technology;
improvements and derivative works.

No ownership rights are transferred to Client.

10.2 Ownership of Client Data
As between the parties, Client retains all right, title, and interest in and to:

Client Data;
Client Content;
Personal Data;
customer records;
documents;
images;
videos;
work orders;
forms;
invoices.

MobiWork acquires no ownership rights in Client Data.

10.3 Feedback
Client may voluntarily provide:

suggestions;
enhancement requests;
ideas;
recommendations;
comments;
feedback.

Client grants MobiWork a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to:

use;
modify;
distribute;
incorporate;
commercialize

such Feedback without restriction or compensation.

10.4 No Implied Rights
Except for the limited licenses expressly granted herein, no rights are granted by implication, estoppel, or otherwise.
All rights not expressly granted are reserved.

10.5 Trademarks
"MobiWork," related logos, trade names, slogans, and brand features are trademarks or service marks of MobiWork.
Nothing contained in these Terms grants Client any ownership rights in such marks.
Client shall not:

register confusingly similar marks;
challenge MobiWork's ownership;
misuse MobiWork trademarks.

10.6 Copyright Protection
All software, documentation, and Content provided by MobiWork are protected by:

copyright laws;
international treaties;
intellectual property laws.

Unauthorized copying, reproduction, or distribution is prohibited.

10.7 Source Code Restrictions
Except to the extent prohibited by law, Client shall not:

reverse engineer;
decompile;
disassemble;
copy;
modify;
attempt to derive source code;
create derivative works.

10.8 Benchmarking Restrictions
Client shall not publish or disclose:

performance tests;
benchmark results;
competitive analyses;

without MobiWork's prior written consent.

10.9 Competitive Use
Client shall not use the Service:

to develop competing products;
for competitive intelligence purposes;
to monitor performance for competitive analysis.

10.10 Third-Party Software
Certain components of the Service may incorporate third-party software.
Use of such software may be subject to separate third-party license terms.
MobiWork makes no warranties regarding third-party products or services.

10.11 Open Source Software
The Service may contain open-source software components.
Nothing in these Terms limits rights granted under applicable open-source licenses.
To the extent required, copies of applicable licenses shall be made available by MobiWork.

10.12 AI Features and Intellectual Property
MobiWork retains ownership of:

AI models;
algorithms;
automation frameworks;
predictive engines;
machine learning systems.

Client retains ownership of Client Data used as inputs.
Ownership of AI-generated outputs shall remain with Client to the extent permitted by applicable law, subject to MobiWork's ownership of the underlying AI technology.

10.13 Statistical and Aggregate Information
MobiWork may create:

anonymized datasets;
aggregated information;
statistical information;
benchmarking information;

provided that such information does not identify:

Client;
Users;
customers;
individuals.

Such aggregated information shall belong exclusively to MobiWork.

10.14 Reservation of Rights
MobiWork reserves all rights not expressly granted under these Terms.
No license or ownership rights shall arise by implication.

11) PUBLICITY

11.1 Customer References
Unless Client provides written notice to the contrary, Client grants MobiWork a limited, irrevocable license to:

identify Client as a customer;
display Client's logo;
reference the business relationship;

in:

marketing materials;
presentations;
customer lists;
case studies;
the Website.

11.2 Press Releases
Neither party shall issue press releases regarding the relationship without the prior written consent of the other party, except as required by law.

12) EQUITABLE RELIEF

Client acknowledges that unauthorized use of:

the Service;
source code;
intellectual property;
Confidential Information;

may result in irreparable harm.
Accordingly, MobiWork shall be entitled to seek:

temporary restraining orders;
preliminary injunctions;
permanent injunctions;
specific performance;
equitable relief;

without the necessity of posting bond.

13) TERM AND TERMINATION

13.1 Term
These Terms commence upon the earlier of:

Client's acceptance of these Terms;
execution of an Order Form;
payment of subscription fees; or
access to or use of the Service.

These Terms shall remain in effect until terminated in accordance with this Section.

13.2 Subscription Term
Each subscription shall remain in effect for the applicable Term specified in the:

Order Form;
applicable plan.

Subscriptions automatically renew unless terminated in accordance with these Terms.

13.3 Termination by Client
Client may terminate the Service at any time by providing written notice.
Termination shall not relieve Client of the obligation to pay:

accrued fees;
unpaid invoices;
professional services charges;
other amounts owed through the effective termination date.

Except as expressly provided herein, fees are non-refundable.

13.4 Termination by MobiWork
MobiWork may terminate the Service immediately upon notice if:
(a) Nonpayment: Client fails to pay amounts due.
(b) Material Breach: Client materially breaches these Terms and fails to cure such breach within thirty (30) days after notice.
(c) Illegal Activities: Client uses the Service for unlawful purposes.
(d) Security Risks: Client's use threatens:

platform security;
other customers;
the integrity or availability of the Service.

(e) Legal Compliance: Termination is necessary to comply with:

laws;
regulations;
governmental orders.

(f) Insolvency: Client:

becomes insolvent;
enters bankruptcy;
makes assignments for the benefit of creditors;
ceases business operations.

13.5 Suspension Rights
MobiWork may suspend access to the Service without terminating these Terms if:

payment obligations are overdue;
misuse of the Service is suspected;
security incidents occur;
excessive usage threatens platform stability;
required by law.

MobiWork shall use commercially reasonable efforts to provide advance notice where practicable.

13.7 Effect of Termination
Upon termination:
(a) Access Ends: Client's rights to access and use the Service immediately cease.
(b) User Accounts: User accounts may be disabled.
(c) Licenses: All licenses granted under these Terms terminate.
(d) Outstanding Fees: All unpaid amounts become immediately due and payable.

13.8 Data Retrieval Rights
Following termination, Client may retrieve or export Client Data during a retrieval period of thirty (30) days unless otherwise specified in an Order Form.
Retrieval methods may include:

reports;
CSV exports;
API exports;
backups made available by MobiWork.

Additional fees may apply for extensive data extraction or transition assistance.

13.9 Data Deletion
Following expiration of the retrieval period, MobiWork may permanently delete Client Data.
MobiWork shall have no obligation to retain Client Data indefinitely.
Client acknowledges that deleted data may be irretrievable.

13.10 Backup Retention
Backup copies may remain temporarily after termination as part of:

disaster recovery procedures;
business continuity processes;
legal retention requirements.

Such backup copies shall continue to be protected under these Terms.

13.11 Transition Assistance
Upon request and subject to applicable fees, MobiWork may provide reasonable transition assistance, including:

export services;
implementation assistance;
consulting services;
migration support.

Transition assistance is provided on a commercially reasonable basis and may be governed by a separate Statement of Work.

13.12 Termination for Convenience
Unless otherwise stated in an Order Form, either party may elect not to renew a subscription by providing at least thirty (30) days' prior written notice before the end of the current Term.

13.13 No Liability for Termination
Neither party shall be liable to the other solely because of termination in accordance with these Terms.
Termination shall not entitle Client to:

refunds;
damages;
compensation for lost profits;
compensation for lost goodwill.

13.14 Force Majeure Termination
If a force majeure event prevents performance for more than ninety (90) consecutive days, either party may terminate the affected Services upon written notice.

13.15 Survival
Termination shall not affect any provisions that by their nature are intended to survive.
The following provisions survive termination:

Payment Obligations
Confidentiality
Intellectual Property
Privacy and Data Protection
Warranty Disclaimer
Limitation of Liability
Indemnification
Dispute Resolution
Governing Law
General Provisions
Any Other Provision that by its nature should survive.

13.16 Abandoned Accounts
Accounts that remain:

suspended;
inactive;
delinquent;

for more than ninety (90) days may be deemed abandoned.
MobiWork may permanently delete Client Data associated with abandoned accounts without further obligation.

13.17 Regulatory Retention
Nothing in these Terms shall require MobiWork to delete information that must be retained pursuant to:

applicable law;
court orders;
governmental requirements.

13.18 Return of Confidential Information
Upon termination, each party shall, upon request:

return;
destroy;
permanently delete

the Confidential Information of the other party, subject to:

backup systems;
legal obligations;
regulatory requirements.

14) DISPUTE RESOLUTION

14.1 Good Faith Negotiations
Before initiating arbitration or litigation, the parties shall first attempt in good faith to resolve any dispute through informal discussions.
Either party may provide written notice describing the dispute.
The parties shall attempt to resolve the matter within thirty (30) days before initiating formal proceedings.
Nothing in this section prevents either party from seeking emergency equitable relief.

14.2 Binding Arbitration
Except as otherwise expressly provided herein, any dispute, claim, or controversy arising out of or relating to:

these Terms;
the Service;
any Order Form;
the relationship between the parties;

shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

14.3 Arbitration Venue
Arbitration proceedings shall take place in:
Palm Beach County, Florida
unless otherwise agreed in writing by the parties.

14.4 Governing Rules
Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association.
Judgment upon any arbitration award may be entered in any court having jurisdiction.

14.5 Confidentiality of Proceedings
Arbitration proceedings shall remain confidential.
Unless disclosure is required by law, neither party shall disclose:

pleadings;
testimony;
exhibits;
documents;
awards;

except to:

attorneys;
accountants;
insurers;
auditors;
experts;
governmental authorities.

14.6 Equitable Relief
Nothing in these Terms prevents either party from seeking:

temporary restraining orders;
preliminary injunctions;
permanent injunctions;
specific performance;
equitable remedies;

in any court of competent jurisdiction.
Such relief may be sought without waiving arbitration rights.

14.7 Class Action Waiver
To the maximum extent permitted by law, the parties agree that:

claims shall be brought solely on an individual basis;
no class actions;
no collective actions;
no representative proceedings

shall be permitted.

14.8 Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY.

14.9 Limitation Period
Except where prohibited by law, any claim arising from these Terms or the Service must be initiated within:
one (1) year
after the cause of action arose.
Claims not brought within such period are permanently barred.

14.10 Interim Remedies
Nothing shall prevent either party from obtaining temporary relief necessary to:

preserve rights;
prevent irreparable harm;
maintain the status quo.

14.11 Attorneys' Fees
The prevailing party in any dispute, arbitration, or legal proceeding arising from these Terms shall be entitled to recover:

reasonable attorneys' fees;
arbitration fees;
expert witness fees;
court costs;
collection expenses;
other reasonable costs.

15) GOVERNING LAW

15.1 Governing Law
These Terms and any dispute arising hereunder shall be governed by the laws of the State of Florida without regard to conflict-of-law principles.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

15.2 Jurisdiction
For any matter not subject to arbitration, the parties agree that exclusive jurisdiction shall lie in:

the state courts located in Palm Beach County, Florida; or
the federal courts located in the State of Florida.

Each party irrevocably submits to such jurisdiction.

15.3 Venue
The parties waive any objection based upon:

improper venue;
inconvenient forum;
forum non conveniens.

15.4 Injunctive Relief
MobiWork may seek injunctive relief in any jurisdiction where:

Confidential Information;
Intellectual Property Rights;
trade secrets;
proprietary technology;

are threatened or misappropriated.

15.5 International Enforcement
The parties acknowledge that arbitration awards and judgments may be enforced internationally in accordance with:

applicable treaties;
arbitration laws;
reciprocal recognition procedures.

16) WARRANTY DISCLAIMER

16.1 Service Provided "AS IS"
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, CONTENT, SOFTWARE, DOCUMENTATION, AI FEATURES, THIRD-PARTY SERVICES, AND ALL RELATED COMPONENTS ARE PROVIDED:

"AS IS";
"AS AVAILABLE";
"WITH ALL FAULTS".

CLIENT USES THE SERVICE AT ITS OWN RISK.

16.2 Disclaimer of Warranties
MOBIWORK DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:
Implied Warranties:

merchantability;
fitness for a particular purpose;
title;
non-infringement;
quiet enjoyment.

Performance Warranties:

uninterrupted availability;
error-free operation;
compatibility with all devices or systems;
correction of all defects.

Security Warranties:

immunity from cyberattacks;
prevention of unauthorized access;
prevention of data loss.

Content Warranties:

completeness;
accuracy;
reliability;
timeliness.

16.3 No Guarantee of Availability
MobiWork does not warrant that:

the Service will always be available;
access will be uninterrupted;
operation will be error-free;
defects will always be corrected.

Client acknowledges that interruptions may result from:

maintenance;
upgrades;
internet failures;
telecommunications failures;
third-party service providers;
force majeure events.

16.4 No Guarantee of Results
MobiWork does not warrant that use of the Service will:

increase revenue;
reduce costs;
improve efficiency;
satisfy regulatory obligations;
achieve desired business outcomes.

Client remains responsible for evaluating whether the Service is suitable for its needs.

16.5 Client Data and Backup Disclaimer
Client is responsible for maintaining appropriate backup procedures.
Although MobiWork maintains disaster recovery and backup processes, MobiWork does not warrant that:

data loss will never occur;
deleted information can always be restored;
all backup copies will remain available.

Client should maintain independent copies of important information.

16.6 Third-Party Services
The Service may integrate with or rely upon third-party services, including:

mapping providers;
payment processors;
SMS providers;
email providers;
cloud hosting providers;
AI providers;
ERP systems;
CRM systems.

MobiWork makes no warranties regarding:

availability;
performance;
security;
accuracy

of third-party products or services.

16.7 AI Feature Disclaimer
AI Features are probabilistic technologies and may generate:

inaccurate information;
incomplete information;
misleading recommendations.

AI-generated outputs should not replace:

professional advice;
legal advice;
accounting advice;
engineering judgment;
safety decisions;
human review.

Client remains solely responsible for verifying AI-generated outputs.

16.8 Location and GPS Disclaimer
Location information depend upon:

GPS signals;
device sensors;
cellular coverage;
third-party services.

Location information may be inaccurate, delayed, or unavailable.
MobiWork does not guarantee:

accuracy;
completeness;
precision

of location-based information.

16.9 Emergency Feature Disclaimer
Emergency and Safety Watchdog features are provided on a best-efforts basis.
These features:

are not substitutes for emergency services;
may fail;
may be unavailable;
depend on cellular connectivity.

MobiWork does not guarantee that emergency notifications will always be delivered.

16.10 Beta Features
Beta Features, preview features, and experimental functionality are provided:

without warranties;
without service level commitments;
on an "AS IS" basis.

MobiWork may modify or discontinue Beta Features at any time.

16.11 Regulatory Compliance Disclaimer
MobiWork does not represent or warrant that the Service will ensure compliance with:

GDPR;
HIPAA;
CCPA;
labor laws;
tax laws;
industry-specific regulations.

Client remains solely responsible for its legal and regulatory compliance obligations.

16.12 Professional Advice Disclaimer
MobiWork does not provide:

legal advice;
accounting advice;
tax advice;
employment advice;
engineering advice;
regulatory advice.

Information provided by MobiWork is for informational purposes only and should not be relied upon as professional advice.

16.13 Internet Risks
Client acknowledges that internet-based services are subject to risks including:

outages;
latency;
denial-of-service attacks;
malware;
unauthorized access;
telecommunications failures.

Such risks are inherent in internet services and cannot be completely eliminated.

16.14 Third-Party Content Disclaimer
MobiWork does not warrant:

third-party content;
maps;
traffic information;
geocoding results;
external websites;
linked resources.

Client assumes all risks associated with reliance on third-party information.

16.15 Open Source Software Disclaimer
Certain components of the Service may include open-source software.
Open-source software is provided pursuant to the applicable open-source licenses and without warranties except as expressly provided therein.

16.16 No Medical or Safety Use
Unless expressly agreed in writing, the Service is not designed or intended for:

life-support systems;
medical diagnosis;
healthcare treatment;
nuclear facilities;
aviation control systems;
safety-critical environments.

Client shall not use the Service in such applications.

16.17 Force Majeure
MobiWork shall not be responsible for failures caused by events beyond its reasonable control, including:

acts of God;
hurricanes;
floods;
fires;
pandemics;
labor disputes;
cyberattacks;
utility failures;
governmental actions;
war;
civil unrest.

16.18 No Other Warranties
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOBIWORK OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.

17) LIMITATION OF LIABILITY

17.1 Allocation of Risk
The parties acknowledge and agree that:

the fees charged for the Service reflect the allocation of risk set forth in these Terms;
the liability limitations contained herein form an essential basis of the bargain between the parties;
absent such limitations, the fees charged for the Service would be substantially higher.

17.2 Exclusion of Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY:

indirect damages;
incidental damages;
special damages;
exemplary damages;
punitive damages;
consequential damages;

ARISING OUT OF OR RELATED TO:

these Terms;
the Service;
any Order Form;

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.3 Excluded Categories of Damages
WITHOUT LIMITING SECTION 17.2, NEITHER PARTY SHALL BE LIABLE FOR:

lost profits;
lost revenue;
lost savings;
loss of goodwill;
loss of anticipated business opportunities;
loss of customers;
business interruption;
cost of replacement services;
loss of reputation;
diminution in value;
loss of use;
loss of productivity;
loss of data, except to the extent expressly required by applicable law.

17.4 Aggregate Liability Cap
EXCEPT AS OTHERWISE PROVIDED HEREIN, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF:
(a)
THE TOTAL AMOUNTS PAID OR PAYABLE BY CLIENT TO MOBIWORK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM;
OR
(b)
TWENTY FIVE THOUSAND U.S. DOLLARS (USD $25,000).

17.5 Single Aggregate Cap
The foregoing limitation represents a cumulative and aggregate limitation.
Multiple claims shall not enlarge the limitation.
The existence of more than one claim shall not increase the liability cap.

17.6 Claims by Affiliates
Claims brought by:

subsidiaries;
affiliates;
parents;
related entities;
Users;
contractors;

shall be aggregated with Client's claims and remain subject to the aggregate liability cap.

17.7 Third-Party Services
MobiWork shall not be liable for failures arising from:

internet providers;
cloud infrastructure providers;
SMS providers;
payment processors;
mapping services;
telecommunications carriers;
AI providers;
third-party integrations.

17.8 Security Incidents
MobiWork does not warrant that security incidents can be completely prevented.
To the maximum extent permitted by law, MobiWork shall not be liable for:

unauthorized access;
cyberattacks;
denial-of-service attacks;
malware;
ransomware;
phishing attacks;

except to the extent resulting directly from MobiWork's gross negligence or willful misconduct.

17.9 AI Features
AI Features are probabilistic technologies.
MobiWork shall not be liable for:

inaccurate outputs;
incomplete recommendations;
hallucinations;
business decisions made in reliance upon AI-generated information.

Client remains solely responsible for reviewing and validating AI outputs.

17.10 Location Services
MobiWork shall not be liable for damages resulting from:

GPS inaccuracies;
missing locations;
delayed locations;
geocoding errors.

17.11 Emergency Features
Emergency and Safety Watchdog features are provided on a best-efforts basis.
MobiWork shall not be liable for:

failure to deliver emergency notifications;
inability to contact emergency services;
network outages;
lack of cellular coverage.

17.12 Beta Features
Beta Features are provided without warranties and without liability.
MobiWork shall have no liability arising from:

defects;
interruptions;
discontinuation;
inaccuracies

associated with Beta Features.

17.13 Force Majeure
Neither party shall be liable for delays or failures caused by:

acts of God;
hurricanes;
floods;
fires;
pandemics;
labor disputes;
cyberattacks;
utility failures;
war;
governmental actions;
civil unrest;
internet outages.

17.14 Exceptions to Liability Limitations
The limitations contained in this Section shall not apply to:
(a) Gross Negligence: A party's gross negligence.
(b) Willful Misconduct: A party's willful misconduct.
(c) Fraud: Fraud or fraudulent misrepresentation.
(d) Non-Waivable Liability: Liability that cannot be limited or excluded under applicable law.
(e) Client Payment Obligations: Client's obligation to pay fees owed under these Terms.
(f) Client Indemnification Obligations: Client's indemnification obligations under Sections 18 and 19.

17.15 Essential Purpose
The parties acknowledge that these liability limitations shall apply even if any remedy provided under these Terms fails of its essential purpose.

17.16 Exclusive Remedies
Except as expressly provided herein, the remedies set forth in these Terms are exclusive.

17.17 Independent Allocations
Each limitation and exclusion contained in this Section is independent and shall apply regardless of:

the form of action;
contract;
tort;
negligence;
strict liability;
statute;
any other legal theory.

17.18 Survival
This Section survives termination or expiration of these Terms.

18) CLIENT INDEMNIFICATION

18.1 Client's Indemnification Obligations
Client shall defend, indemnify, and hold harmless MobiWork and its:

affiliates;
subsidiaries;
officers;
directors;
employees;
agents;
contractors;
licensors;
Resellers;
successors and assigns;

from and against any third-party claims, demands, investigations, proceedings, damages, losses, liabilities, penalties, settlements, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
(a) Client Content: Client Data, Client Content, or materials supplied by Client.
(b) Use of the Service: Client's or Users' access to or use of the Service.
(c) Breach of Terms: Violation of these Terms.
(d) Violation of Law: Violation of:

laws;
regulations;
ordinances;
industry standards.

(e) Personal Data: Improper collection, processing, disclosure, or use of Personal Data by Client.
(f) Employment Matters: Claims involving:

employee monitoring;
location tracking;
labor laws;
privacy rights.

(g) Customer Communications: SMS, MMS, email, and other communications sent by Client.
(h) Regulatory Violations: Violations involving:

GDPR;
UK GDPR;
CCPA;
CPRA;
TCPA;
CAN-SPAM;
CTIA requirements;
telecommunications regulations.

(i) Intellectual Property Violations: Infringement arising from Client Content.
(j) Fraud or Misconduct: Client's negligence, misconduct, or fraudulent acts.

18.2 SMS and Telecommunications Claims
Client shall specifically indemnify MobiWork against claims arising from:

unsolicited messages;
robocalls;
SMS campaigns;
failure to obtain consent;
failure to honor opt-outs;
violations of carrier policies.

18.3 AI Usage Claims
Client shall indemnify MobiWork against claims arising from Client's use of AI Features in violation of:

laws;
intellectual property rights;
privacy rights;
regulatory requirements.

18.4 Safety and Emergency Features
Client acknowledges that Emergency and Safety Watchdog features are provided on a best-efforts basis.
Client shall indemnify MobiWork against claims arising from:

inability to transmit emergency alerts;
lack of cellular coverage;
service outages;
delayed notifications.

18.5 Location Tracking Claims
Client shall indemnify MobiWork against claims relating to:

employee monitoring;
GPS tracking;
privacy rights;
workplace surveillance;
consent requirements.

19) MOBIWORK IP INDEMNIFICATION

19.1 MobiWork Intellectual Property Protection
Subject to the limitations contained herein, MobiWork shall defend Client against any third-party claim alleging that the standard, unmodified Service infringes a United States patent, copyright, or trade secret.
MobiWork shall pay amounts finally awarded by a court or agreed to in settlement, provided that Client complies with Section 19.2.

19.2 Conditions
Client must:
(a) Promptly notify MobiWork in writing.
(b) Provide reasonable cooperation.
(c) Allow MobiWork to control the defense and settlement.

19.3 Remedies
If infringement is alleged, MobiWork may, at its option:
(a) Procure rights allowing continued use;
(b) Modify the Service;
(c) Replace the Service;
(d) Terminate the affected Service and refund prepaid fees covering the unused portion of the subscription term.

19.4 Exclusions
MobiWork shall have no obligation for claims arising from:
(a) Client Content.
(b) Third-party products.
(c)Unauthorized modifications.
(d) Use outside the intended scope.
(e) Combination with products not supplied by MobiWork.
(f) Compliance with Client instructions.
(g) Open-source software.

19.5 Exclusive Remedy
This Section constitutes Client's sole and exclusive remedy for intellectual property infringement claims.

20) INDEMNIFICATION PROCEDURES

20.1 Notice
The indemnified party shall promptly notify the indemnifying party of any claim.
Failure to provide prompt notice shall not relieve indemnification obligations except to the extent materially prejudiced.

20.2 Control of Defense
The indemnifying party shall have sole control over:

defense;
negotiations;
settlement.

20.3 Cooperation
The indemnified party shall reasonably cooperate with the defense.
Reasonable out-of-pocket expenses shall be reimbursed.

20.4 Settlement Restrictions
No settlement may:

admit wrongdoing on behalf of the indemnified party;
impose non-monetary obligations;
restrict business operations;

without prior written consent.

20.5 Separate Counsel
The indemnified party may retain separate counsel at its own expense.

21) GENERAL PROVISIONS

21.1 Force Majeure
Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control, including:

acts of God;
hurricanes;
floods;
fires;
pandemics;
labor disputes;
internet outages;
utility failures;
telecommunications failures;
cyberattacks by third parties;
governmental actions;
war;
terrorism;
civil unrest.

The affected party shall use commercially reasonable efforts to resume performance as soon as practicable.
If such event continues for more than ninety (90) consecutive days, either party may terminate the affected Services.

21.2 Notices
Notices under these Terms shall be delivered by:

email;
recognized overnight courier;
postal mail;
postings through the Service.

Electronic notices shall be deemed received when transmitted.
Client is responsible for maintaining accurate contact information.

21.3 Assignment
Client may not assign or transfer these Terms without the prior written consent of MobiWork.
MobiWork may assign these Terms:

to an affiliate;
in connection with a merger;
acquisition;
corporate reorganization;
sale of assets.

These Terms shall bind and benefit the parties and their successors and permitted assigns.

21.4 Independent Contractors
The parties are independent contractors.
Nothing contained in these Terms creates:

a partnership;
joint venture;
agency relationship;
fiduciary relationship;
employment relationship.

Neither party may bind the other.

21.5 No Third-Party Beneficiaries
Except as expressly stated herein, these Terms are solely for the benefit of the parties.
No third party shall acquire rights under these Terms.

21.6 No Waiver
Failure to exercise any right or remedy shall not constitute a waiver.
Any waiver must:

be in writing;
expressly identify the waived provision;
be signed by the waiving party.

A waiver on one occasion shall not constitute a waiver on future occasions.

21.7 Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
The parties intend that any invalid provision be interpreted so as to preserve the original commercial intent to the maximum extent permitted by law.

21.8 Entire Agreement
These Terms, together with:

Order Forms;
Privacy Policy;
Data Processing Addenda;
amendments;

constitute the entire agreement between the parties and supersede all prior discussions, negotiations, proposals, and agreements relating to the Service.

21.9 Order of Precedence
In the event of a conflict between documents, the following order of precedence shall apply:

Executed Order Form;
Data Processing Addendum;
Terms of Service;
Privacy Policy.

The higher-ranking document shall govern solely with respect to the conflicting subject matter.

21.10 Electronic Signatures
Electronic signatures and electronic acceptance shall be deemed legally binding and enforceable to the fullest extent permitted by law.
The parties agree that:

click-through acceptance;
electronic execution;
electronic records;

shall satisfy any legal requirement for written agreements.

21.11 Counterparts
Any agreement executed pursuant to these Terms may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one instrument.

22.12 Relationship of the Parties
Nothing in these Terms creates any:

partnership;
franchise;
joint venture;
fiduciary duty;
agency relationship.

21.16 Survival
The following provisions survive termination or expiration:

Payment Obligations;
Confidentiality;
Intellectual Property;
Customer Data Ownership;
Privacy and Data Protection;
Warranty Disclaimer;
Limitation of Liability;
Indemnification;
Dispute Resolution;
Governing Law;
General Provisions;

and any provision which by its nature should survive termination.

21.17 Headings
Section headings are included for convenience only and shall not affect interpretation.

22.18 Interpretation
Unless the context otherwise requires:

"including" means "including without limitation";
singular terms include the plural;
plural terms include the singular;
references to laws include amendments and successor laws.

No ambiguity shall be construed against either party as drafter.

21.19 No Reliance
Each party acknowledges that it has not relied upon any representation, promise, warranty, or statement not expressly contained in these Terms.

21.20 Successors and Assigns
These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

21.21 Language
The English version of these Terms shall control in the event of any inconsistency with translated versions.

Terms of Service