Agreement to Terms

By downloading, accessing, or using the Werkly mobile application ("Werkly," "the App," "our App"), you agree to be bound by these Terms of Service ("Terms") and acknowledge that you have read and agree with our Privacy Policy.

Werkly is owned and operated by Mural City Web Design LLC ("we," "us," "our," or "the Company"). These Terms constitute a legally binding agreement between you and Mural City Web Design LLC.

If you do not agree to these Terms, you must immediately discontinue your access to and use of the App.

Eligibility

You must be at least 13 years of age to use Werkly. By using the App, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into these Terms.

Werkly is not intended for and does not knowingly collect information from children under 13 years of age.

License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use Werkly on your mobile device solely for your personal or business use as a solo contractor or individual.

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Rent, lease, lend, sell, redistribute, or sublicense the App
• Remove, alter, or obscure any proprietary notices on the App
• Use the App for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any portion of the App or related systems

Account Registration and Security

To use Werkly, you must create an account by providing a valid email address and password. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.

User Content and Data

Your Content

Werkly allows you to create, upload, and store content including job information, client details, notes, photos, and invoice data ("User Content"). You retain all ownership rights to your User Content.

By using Werkly, you grant us a limited license to store, process, and display your User Content solely for the purpose of providing the App's services to you. We will not share, sell, or use your User Content for any other purpose without your consent, except as described in our Privacy Policy.

Your Responsibilities

• You own or have the necessary rights to all User Content you submit
• Your User Content does not violate any third-party rights (including intellectual property, privacy, or publicity rights)
• Your User Content complies with these Terms and all applicable laws

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or invasive of another's privacy
• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights
• Contains viruses, malware, or other harmful code
• Violates any local, state, national, or international law
• Impersonates any person or entity or misrepresents your affiliation with any person or entity

Data Backup

While we implement security measures to protect your data, you are responsible for maintaining your own backup copies of your User Content. We are not responsible for any loss or corruption of User Content.

Payments and Subscriptions

In-App Purchases

Werkly offers a freemium model with optional premium features available through in-app purchases. Payment will be charged to your Apple ID or Google Play account at confirmation of purchase.

Subscriptions

• Your subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage subscriptions and turn off auto-renewal in your device's account settings
• Any unused portion of a free trial period will be forfeited when you purchase a subscription

Refunds

All purchases are final. We do not issue refunds for in-app purchases. Refund requests must be submitted directly to Apple or Google according to their respective refund policies. If you believe you were charged in error, please contact us at info@muralcitywebdesign.com.

Price Changes

We reserve the right to modify subscription prices at any time. Price changes will not affect existing subscriptions until the next renewal period. We will notify you of any price changes in advance.

Prohibited Uses

• Violate any laws or regulations
• Infringe upon or violate the rights of others
• Transmit any unlawful, harassing, defamatory, or obscene content
• Distribute spam, chain letters, or unsolicited communications
• Impersonate any person or entity
• Interfere with or disrupt the App or servers
• Attempt to gain unauthorized access to the App or related systems
• Use automated means (bots, scrapers) to access the App
• Upload malicious code, viruses, or harmful software
• Collect or harvest information about other users
• Use the App for any commercial purpose without our written consent

Violation of these prohibited uses may result in immediate termination of your account.

Intellectual Property Rights

Our Rights

Werkly and all content, features, and functionality (including but not limited to software, text, graphics, logos, icons, images, and the design thereof) are owned by Mural City Web Design LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not use our trademarks, logos, or branding without our prior written consent.

Feedback

If you provide us with any feedback, suggestions, or ideas about Werkly ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to you.

Third-Party Services

Werkly integrates with third-party services including Supabase, Firebase Analytics, RevenueCat, Sentry, and Resend. Your use of these third-party services is governed by their respective terms of service and privacy policies. We are not responsible for the practices or policies of these third-party services.

Disclaimer of Warranties

WERKLY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

• The App will meet your specific requirements or expectations
• The App will be uninterrupted, secure, or error-free
• Any errors or defects in the App will be corrected
• The App will be compatible with all devices or operating systems
• The results obtained from using the App will be accurate or reliable
• Any content, data, or functionality will be preserved or maintained

You acknowledge that your use of Werkly is at your sole risk. We do not guarantee the accuracy, completeness, or reliability of any content or data within the App.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MURAL CITY WEB DESIGN LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the App
• Any conduct or content of any third party on the App
• Any content obtained from the App
• Unauthorized access, use, or alteration of your transmissions or content
• Any bugs, viruses, or malicious code transmitted through the App
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Mural City Web Design LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to:

• Your use of or inability to use the App
• Your User Content or any content you submit, post, or transmit through the App
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

Data Storage and Geographic Limitations

Werkly is created, operated, and maintained within the United States of America. Your data is stored on servers located in the United States.

We make no representation that the App or its content is appropriate or available for use in locations outside the United States. If you access Werkly from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

Modifications to the App

We reserve the right to modify, suspend, or discontinue Werkly (or any part thereof) at any time, with or without notice, for any reason. We may also impose limits on certain features or restrict your access to parts or all of the App without notice or liability.

You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the App.

Termination

By You

You may stop using Werkly at any time. You may request deletion of your account by contacting us at info@muralcitywebdesign.com.

By Us

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Requests by law enforcement or other government agencies
• Technical or security issues

Upon termination:

• Your right to use the App will immediately cease
• We may delete your account and User Content
• You remain liable for all obligations incurred prior to termination
• Provisions that by their nature should survive termination shall survive (including ownership provisions, warranty disclaimers, indemnity, and limitations of liability)

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Mural City Web Design LLC is registered, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or your use of Werkly shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

You agree to waive any right to a jury trial or to participate in a class action lawsuit.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mural City Web Design LLC regarding your use of Werkly.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Mural City Web Design LLC.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Changes to These Terms

• Update the "Last Updated" date at the top of these Terms
• Post the revised Terms in the App
• Notify you via email or in-app notification if the changes are material

Your continued use of Werkly after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the App.

We encourage you to review these Terms periodically to stay informed of any updates.

Contact Us

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us:

Mural City Web Design LLC
Email: info@muralcitywebdesign.com

We will respond to all inquiries within 30 days.

By using Werkly, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.