Terms of service.
Introduction
By accessing or using Workhorse’s Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy and Member Principles so it is important that you read this Agreement and these policies and procedures carefully before you create an account.
We may update these Terms from time to time, so check this page regularly for updates.
You agree that it is your responsibility to check the Terms from time to time for any updates or changes that may impact you, your purchase, or the Service. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.
Welcome to Workhorse. As used in this Agreement, the terms "Workhorse," "us," "we," the "Company", and "our" shall refer to Workhorse App LLC. Together you and Workorse may be referred to as the “Parties” or separately as “Party.”
By accessing or using our Services on any platforms or services Workhorse may offer (collectively, the "Service" or our "Services"), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status. If you do not wish to be bound by this Agreement, do not access or use our Services. Further, we reserve the right to change the availability of features in our subscription plans in any manner and at any time as we may determine in our sole and absolute discretion.
Disclaimer of Warranties and Liability
While we strive to provide accurate and reliable content, we make no guarantees, representations, or warranties—expressed or implied—regarding the professional qualifications, expertise, or quality of work of the creators or any other content available through the Service.
In no event shall we be liable to you or any third party for any decisions made or actions taken based on reliance on such content. Additionally, we do not endorse or recommend any individual or entity listed or accessible through the Service.
Definition of Content
For the purposes of this agreement, "Content" refers to any materials provided, made available, or otherwise found through the Service. This includes, but is not limited to, text, data, graphics, images, photographs, videos, audio, information, suggestions, guidance, and any other materials, including those provided in direct response to your questions or postings.
APPLICATION AND REGISTRATION PROCESS
In order for creators, brands, businesses, and influencers to access the app, you will be requested to register with Workhorse and provide certain information in order to activate a membership or otherwise access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted or requested. Registration data and certain other information about you are governed by our Privacy Policy.
In order for social media managers to gain access to the app, prospective users will be asked to join THE WORKSHOP: A social media management training course created by Julia Broome. Training is mandatory in order to access the app. Upon successful completion of THE WORKSHOP, members will be granted access to Workhorse. To activate your membership, please provide the same email address used during THE WORKSHOP registration. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted or requested. Registration data and certain other information about you are governed by our Privacy Policy.
Upon joining, users have the ability to make in-app purchases. Any such in-app purchases will be paid via the user’s Apple account and are subject to the terms and conditions thereof. We reserve the right to raise or lower the cost of our membership subscription fees, in-app purchases and other charges, and to create additional tiers or types of membership, at any time. As we use third-party services for payment processing, we do not have access to or store your payment information and we do not offer refunds for any reason other than as set forth in the Terms of Use. Unused in-app purchases and any unused portion of a subscription will not be refunded upon the expiration or termination of a user’s membership.
Upon joining the Service, you will be responsible for maintaining the confidentiality of your password and account, the accuracy of your information, and will be fully responsible for all activities that occur under your account. You agree to (a) immediately notify Workhorse of any unauthorized use of your password or account or any other breach of security, (b) keep your information current and accurate at all times, (c) ensure that you exit from your account at the end of each session when accessing the Service, and (d) implement the necessary security safeguards on any device you use to access the service. In addition to the disclaimers and limitations set forth below, Workhorse will not be liable for any loss, injury or other damage arising from your failure to comply with this Section.
User Accounts
Prior to creating an account on Workhorse, please make sure you are eligible to use our Services. This Section also details what you can and can't do when using the Services, as well as the rights you grant Workhorse.
You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
You are at least 18 years old;
You are legally qualified to enter a binding contract with Workhorse;
You are seeking a job opportunity or you are offering a job opportunity
You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country;
You are not on any list of individuals prohibited from conducting business with the United States (for example, the U.S. Treasury Department’s list of Specially Designated Nationals or any similar government agency list) nor do you face any other similar prohibition);
You are not prohibited by law from using our Services;
You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You do not have more than one account on our Services;
You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our Services without warning.
You agree to:
Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Use the latest version of the Website and/or App;
Treat other users in a courteous and respectful manner, both on and off our Services;
Be respectful when communicating with any of our customer care representatives or other employees;
Maintain a strong password and take reasonable measures to protect the security of your login information; and
Present yourself respectfully and authentically by adding at least one photo that shows your face.
You agree that you will not:
Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
Use the Services in a way that damages the Services or prevents their use by other users;
Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services' networks;
Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money laundering or other financial crimes;
Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
Post or share Prohibited Content (see below);
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission;
Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
Use another user's account;
Use our Services in relation to fraud, a pyramid scheme, or other similar practice;
Use our Services in relation to any political campaign financing or for the purpose of influencing any election, other than sharing your own personal political opinions.
Disclose private or proprietary information that you do not have the right to disclose;
Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Workhorse’s prior written consent;
Express or imply that any statements you make are endorsed by Workhorse;
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
Upload viruses or other malicious code or otherwise compromise the security of our Services;
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
"Frame" or "mirror" any part of our Services without Workhorse’s prior written authorization;
Use meta tags or code or other devices containing any reference to Workhorse or the platform (or any trademark, trade name, service mark, logo or slogan of Hinge) to direct any person to any other website for any purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
Use or develop any third-party applications or services that directly interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems;
Use, access, or publish the Workhorse application programming interface without our written consent;
Probe, scan or test the vulnerability of our Services or any system or network;
Encourage, promote, or agree to engage in any activity that violates these Terms; or
Create a new account after we suspend or terminate your account, unless you receive our express permission.
The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.
Prohibited Content - Workhorse prohibits uploading or sharing content that:
Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
Encourages or facilitates any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, violent extremism,
Is defamatory, libelous, or untrue;
Involves the transmission of "junk" mail or "spam";
Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Workhorse or otherwise;
Infringes upon any third party's rights (including, without limitation, intellectual property rights and privacy rights);
Includes the image or likeness of another person without that person's consent (or in the case of a minor, the minor's parent or guardian), or is an image or likeness of a minor unaccompanied by the minor's parent or guardian—for the avoidance of doubt, Workhorse does not allow any minors in photos, and any photo including a minor will be removed;
Is inconsistent with the intended use of the Services; or
May harm the reputation of Workhorse or its affiliates, meaning the uploading or sharing of content on the Workhorse platform that is defamatory to Workhorse or its affiliates or advocates misuse of the Service or any service provided by Workhorse’s affiliates.
The uploading or sharing of content that violates these Terms ("Prohibited Content") may result in the immediate suspension or termination of your account.
Creator Content
Ownership of Creator Content. Once you set up your account, you may upload your creations—such as images, videos, text, comments, and graphics (collectively referred to as “Creator Content”)—to share with your Fans. While you retain ownership of your Creator Content, you grant Club the following license to distribute it.
Ownership of Member Content. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. Other users may use tools to generate or enhance content based on the Member Content they provide. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content. You do not have any rights in relation to Member Content, and, unless expressly authorized by Workhorse, you may only use Member Content to the extent that your use is consistent with our Services' purpose of allowing us to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
Rights and Licenses. By uploading your Creator Content, you grant Workhorse and its authorized sub-licensees and distributors a worldwide, non-exclusive, royalty-free right and license to:
Reproduce, distribute, digitally transmit, stream, and display your Creator Content
Communicate your Creator Content to the public and synchronize it with other content
Personal Information. The personal information you submit to Workhorse is governed by the Workhorse Privacy Policy.
Photos and Videos. You agree to only post or upload media (such as photos, videos, or audio) that you have created or that you have the rights to share. This media must not violate any trademark, copyright, privacy, or other rights of any individual. By uploading media, you confirm that you have obtained permission from all individuals appearing in your media. Never post a picture or video of someone else without their explicit permission.
Hate Speech and Prohibited Content. It is strictly prohibited to upload any media that contains hate speech, abusive content, offensive images, or any material that could result in civil or criminal liability under applicable laws or regulations. Such content is in conflict with these Terms and the Club Privacy Policy.
Emergencies. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Infringing Material. Workhorse reserves the right to review all submitted Content prior to its appearance in the App and to remove any media for any reason, at any time, without prior notice, at our sole discretion. Workhorse may disclose any information necessary to comply with applicable laws, regulations, legal processes, or governmental requests.
Freelancer Content
1. Profile Uploads. Once you have set up your account, the Service allows social media managers and freelancers to upload images, videos, text, comments, graphics, etc. to the App. You retain ownership over all of your Content, but grant the below license to Workhorse.
2. Rights and Licenses. You grant Workhorse and its authorized sub-licensees and distributors a worldwide, non-exclusive, royalty-free right and license to:
Reproduce, distribute, digitally transmit, stream, and display the Workhorse Content
Create derivative works from the Workhorse Content
Communicate the Workhorse Content to the public and synchronize it with other content
Collectively exploit the Workhorse Content and any associated copyrightable works or metadata
This license is solely for the purpose of providing the Service and does not affect your ownership or licensing rights in the Fan Content, including your right to grant additional licenses to that material.
You agree to indemnify Workhorse and its affiliates, directors, officers, and employees from any and all claims and expenses, including attorneys' fees, arising from your Content and/or your failure to comply with the terms described in this document.
3. Personal Information. Any personal information you submit to Workhorse is governed by the Workhorse Privacy Policy.
4. Photos and Videos. You agree to only post or upload media (like photos, videos or audio) on the App that you have taken yourself, have written permission to share, or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. By uploading any media on the App, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit written permission.
5. Communication Service. The Service may include functionalities such as blogs, message boards, and user reviews that allow users to upload content (collectively referred to as the "Communication Service"). Users may also share content through our official brand presence on social media platforms and branded hashtags, including but not limited to Instagram, Facebook, X, Threads, Google Plus, YouTube, LinkedIn, and Pinterest (collectively, the "Social Media Platforms").
You agree not to upload or transmit any communications or content via the Communication Service or Social Media Platforms that infringe upon or violate the rights of any party.
By submitting communications or content through these channels, you acknowledge that such submissions are non-confidential for all purposes. You agree to use the Communication Service solely for posting, sending, and receiving messages and materials that are appropriate and relevant to the specific Communication Service.
External Communication
By creating an account on our Service, you agree to receive newsletters, marketing materials, promotional content, and other information from us or third parties.
You may opt out of receiving any or all of these communications by following the unsubscribe link or instructions included in any email we send.
Purchases, Subscriptions, and Payments
You will have the opportunity to purchase products and services from Workhorse. If you purchase a subscription, it will automatically renew - and you will be charged - until you cancel.
Workhorse may offer products and services for purchase through the App Store, Google Play, or other external services authorized by Hinge (each, an "External Service," and any purchases made thereon, an "External Service Purchase"). Workhorse may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App ("Internal Purchases"). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Authority. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply is true, correct and complete.
Third-Party Services. The App may employ the use of third-party Service for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
Cancellations. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, if fraud or an unauthorized or illegal transaction is suspected, or other reasons. Creators also have the right to block certain Fans or delete their accounts.
Refunds. Generally, all purchases are nonrefundable. There are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
Intellectual Property. The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, patents, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, patents and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.