These Terms of Service ("Terms") govern your use of Differentworks Inc.'s website located at www.differentworks.io ("Site"). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree, please do not use our website.
1. Use of the Website
You agree to use this Site only for lawful purposes and in accordance with these Terms. You must not:
- Use the Site in a way that could damage or disable it
- Attempt unauthorized access to any part of the Site
- Use any automated means to access or scrape data from the Site
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
- Use the Site to transmit any harmful code, viruses, or malicious software
- Violate any applicable local, state, national, or international law
- Impersonate any person or entity or falsely state or misrepresent your affiliation
- Interfere with or disrupt the Site or servers or networks connected to the Site
- Collect or store personal data about other users without their consent
- Use the Site for any commercial purpose without our express written permission
We reserve the right to suspend or terminate access to the Site if we suspect any unauthorized use, violation of these Terms, or any activity that could harm the Site, our users, or our business interests.
2. Intellectual Property
2.1 Ownership
All content on this Site — including text, graphics, logos, images, software, audio, video, data compilations, page layout, underlying code, and software — is the property of Differentworks Inc. or its licensors and is protected by United States and international copyright, trademark, and patent laws.
2.2 Restrictions
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content on this Site without our express written permission, except:
- You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use
- If we provide desktop, mobile, or other applications for download, you may download a single copy solely for your own personal, non-commercial use
2.3 Trademarks
You may not use any of our trademarks, service marks, or logos without our prior written consent.
3. User Submissions
When you submit information via contact forms or other input methods on the Site, you warrant that the information is accurate and lawful. If you submit content (feedback, suggestions), you grant Differentworks Inc. a worldwide, royalty-free, perpetual right to use such content.
We will handle personal information in accordance with our Privacy Policy.
4. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
DIFFERENTWORKS INC. DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be available at all times or that access will be uninterrupted.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIFFERENTWORKS INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE SHALL NOT EXCEED $100 USD.
6. Indemnification
You agree to indemnify, defend, and hold harmless Differentworks Inc. from and against any claims, liabilities, damages, losses, or expenses arising from your use or misuse of the Site or your violation of these Terms.
7. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of California, United States. Subject to the arbitration provisions below, legal action shall be brought exclusively in federal or state courts located in California.
8. Dispute Resolution and Arbitration
8.1 Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at info@differentworks.io.
8.2 Binding Arbitration
YOU AND DIFFERENTWORKS INC. AGREE THAT ANY DISPUTE ARISING OUT OF THESE TERMS WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT FOR INTELLECTUAL PROPERTY INJUNCTIONS.
Arbitration shall be conducted by the American Arbitration Association (AAA) in San Francisco, CA.
8.3 Class Action Waiver
YOU AND DIFFERENTWORKS INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
8.5 Opt-Out Right
You have the right to opt out of arbitration by sending written notice to 899, Pine Street, San Francisco CA 94108 or info@differentworks.io within 30 days of accepting these Terms.
9. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page. Your continued use of the Site constitutes acceptance.
10. Termination
We may suspend or terminate your access to the Site immediately, without prior notice or liability, for any reason, including breach of these Terms.
11. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, or severed from these Terms.
12. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Differentworks Inc. concerning the Site.
13-15. Miscellaneous
No Waiver: Failure to enforce any right is not a waiver.
Assignment: You may not assign these Terms without consent.
Third-Party Rights: These Terms do not confer third-party beneficiary rights.
16. Contact Information
Differentworks Inc.
899, Pine Street, San Francisco CA 94108
Website: www.differentworks.io
Email: info@differentworks.io
17. Special Provisions
17.1 California Residents
Complaint Assistance Unit of the Division of Consumer Services: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210.
17.2 European Union Users
If accessing from the EU, you acknowledge that certain limitations of liability may not apply under EU consumer protection laws.
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.