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Terms of Service

Last Updated: 02/27/2025

These Terms of Service (the “Terms“) govern your access to and use of the NetWurk.ai platform, products, and services. This is a legal agreement between you (either an individual acting on behalf of a business, or the business entity itself) and NetWurk.ai (referred to as “NetWurk.ai“, “we“, or “us“). By registering for an account or using any NetWurk.ai services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the NetWurk.ai platform or services.

1. Introduction

This Terms of Service agreement (“Agreement”) is entered into by and between NetWurk.ai (the provider of a white-label CRM and marketing automation platform) and you, the user of our services. The Agreement outlines the rights and obligations of both parties. NetWurk.ai agrees to provide you with access to its platform and services under these Terms, and you agree to comply with them in using our platform. By accessing or using NetWurk.ai, or by clicking an “I Agree” or similar button when signing up, you indicate your acceptance of this Agreement. If you are using the service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity. These Terms together with our Privacy Policy (referenced below) form a binding legal contract between NetWurk.ai and you. Please read them carefully.

2. Eligibility and User Requirements

NetWurk.ai is a business-focused service, and eligibility to use our platform is restricted to legitimate business users. By registering or using the services, you represent and warrant that you meet all the following requirements:

  • Registered Business Entity: You are using NetWurk.ai on behalf of a registered business or organization (such as a corporation, LLC, partnership, or sole proprietorship). The platform is intended for commercial and business use only, not for personal, family, or household use. You agree to use the services for lawful business purposes in accordance with these Terms.
  • Age and Capacity: You (and your authorized users) are at least 18 years old and have the legal capacity to enter into contracts. Our services are not intended for individuals under 18. If you are registering on behalf of a business entity, you have the authority to bind the entity to this Agreement.
  • Account Information: You agree to provide truthful, current, and complete information when creating your NetWurk.ai account. You will keep your registration and contact details up to date. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.
  • Platform Guidelines and Policies: You agree to abide by any guidelines, usage policies, or rules that NetWurk.ai may provide or publish regarding proper use of the platform (such as an Acceptable Use Policy). This includes respecting the intended use of each feature and not abusing or misusing the services. You will ensure that all users under your account (e.g., your employees or contractors, or if you are an agency, your clients) also understand and follow these Terms and any platform guidelines.

By meeting these eligibility criteria and continuing to use NetWurk.ai, you confirm that you fulfill the user requirements. If at any time we discover that you do not meet these requirements, we reserve the right to suspend or terminate your account (see Termination below).

3. Services Provided

NetWurk.ai provides an all-in-one, white-label Customer Relationship Management (CRM) and Marketing Automation platform enhanced by artificial intelligence. By subscribing to NetWurk.ai, you gain access to a suite of tools and services designed to help you manage and grow your business’s customer engagement and marketing efforts. Our offerings include, but are not limited to, the following core services and features:

  • CRM (Customer Relationship Management): Tools to manage contacts, leads, and customer relationships. This includes contact databases, lead tracking, sales pipelines, customer interaction history, and related analytics.
  • Marketing Automation: Solutions to automate your marketing campaigns across email, SMS, and other channels. You can design and schedule email newsletters, drip campaigns, text message campaigns, follow-ups, and more, with triggers and workflows to streamline customer communication.
  • AI Content Creation: Integrated artificial intelligence features to assist in creating content. This may involve AI-driven copywriting for emails, social media posts, blogs, or advertisements, as well as AI recommendations for marketing strategies. The AI can generate text or other content based on prompts you provide, helping you save time and maintain consistent messaging.
  • Website and Funnel Builder: Tools to create and manage websites or sales funnels. NetWurk.ai offers a website builder (including WordPress integration or hosting, see below) and landing page designer to establish your online presence and capture leads.
  • Analytics and Reporting: Dashboards and reports that give insights into your marketing performance, customer engagement, conversion rates, and other key metrics. This helps you make data-driven decisions.
  • Marketplace and Additional Services: NetWurk.ai also offers access to a marketplace of supplementary services to complement the core platform. This includes offerings like WordPress hosting, domain services, and possibly third-party integrations (e.g., for reputation management, social media management, etc.). For example, if you need a website or blog, you can opt for WordPress hosting services through NetWurk.ai. These additional services may be provided directly by NetWurk.ai or through third-party partners and may have their own fees or terms (see Pricing and Payment and Liability sections for more details on third-party services).

All services are provided via a white-label platform, meaning if you are an agency or reseller, you may brand the NetWurk.ai platform as your own to offer to your end clients. In such cases, you remain the primary account holder and responsible party under these Terms.

Service Availability: We will use reasonable efforts to ensure the platform is available and functioning reliably. However, service availability may be subject to downtime for maintenance or factors beyond our control (see Liability and Disclaimers). We may add, remove, or update features from time to time. We will endeavor to notify you of any material changes to key features or services.

4. Pricing and Payment Terms

By signing up for NetWurk.ai, you agree to pay the fees associated with the selected plan and any additional usage-based services. Our pricing model consists of a subscription fee for platform access and pay-as-you-go charges for certain services. Below is an overview of our pricing and payment terms:

Subscription Plans: NetWurk.ai offers subscription plans that grant you access to the core CRM and marketing automation platform:

  • The base Entrepreneur Plan starts at $99 per month (unless otherwise advertised). This plan includes the standard features of the platform (CRM, marketing automation, AI tools, etc.) for a specified number of users and contacts as detailed on our website or order form.
  • We may offer a promotional Pilot Plan for new customers at $19 per month for the first three months. This pilot rate is intended to let you test and evaluate the platform at a reduced cost. After the first three months, the subscription will automatically transition to the regular plan pricing (e.g., $99/month for the base plan) unless you cancel or upgrade. We will notify you of the upcoming price change before the pilot period ends. Please note: the pilot offer is a one-time introductory promotion; it may not be combined with other offers and is limited to eligible new subscribers as determined by NetWurk.ai.
  • Higher-tier plans (such as Small Business, Enterprise, or other packages) may be available with additional features, user seats, or support options, at different pricing. If you choose a higher-tier plan, the monthly fee will be as listed for that plan (for example, $499/month, $1499/month, etc., as applicable). Details of what each plan includes (number of users, contacts, support level, AI usage limits, etc.) are provided on our pricing page or in your service agreement.

Usage-Based (Pay-as-You-Go) Services: In addition to the base subscription fee, certain services provided through or by NetWurk.ai are billed on a usage basis. These may include:

  • SMS and Email Campaigns: Messages sent via the platform (such as SMS texts or emails) may incur per-message or volume-based charges. For example, SMS messages may be charged at a rate per text/segment, and emails may be charged after a certain free allotment if any. Rates will be either published on our site or communicated to you when you enable those features.
  • AI Content Generation: The use of AI features (such as generating text or images) might be subject to usage limits included in your plan. If your usage exceeds those limits, additional charges may apply (for instance, per number of AI-generated words or credits consumed). Any such charges or credit system will be disclosed to you in the platform or billing details.
  • WordPress Hosting and Other Add-Ons: If you opt into WordPress hosting through our marketplace or any other add-on service (e.g., purchasing a domain, additional storage, premium support, etc.), those services will have their own fees. WordPress hosting might be a fixed monthly add-on or usage-based depending on plan (e.g., based on storage or bandwidth). You will be informed of the costs before subscribing to any add-on service.
  • Other Third-Party Services: Any third-party integrations or services accessed via the NetWurk.ai marketplace may involve separate charges or even separate billing handled by the third-party provider. We will either bill you on their behalf or redirect you to the third-party to handle payment, depending on the integration. We will let you know how payment is handled for any service not directly provided by NetWurk.ai.

Payment Method and Billing:

  • You must provide a valid payment method (such as a credit card or other accepted payment instrument) when signing up for a paid plan. By providing a payment method, you authorize NetWurk.ai to charge the subscription fees and any usage-based fees to that payment method.
  • Billing Cycle: Subscription fees are billed monthly in advance (unless you have selected an alternative billing frequency, such as annual billing, in which case terms may differ). Usage-based fees are typically billed in arrears at the end of each billing cycle. For example, any SMS charges you incur during the month would be added to your next invoice.
  • Auto-Renewal: Your NetWurk.ai subscription will automatically renew at the end of each billing period (monthly or annually, as applicable) unless you cancel your plan prior to the renewal date. We will continue to charge your payment method for recurring fees until you cancel. For annual plans, we will send a reminder or notice of renewal in advance as required by law.
  • Taxes: All fees are stated exclusive of any taxes (such as sales tax, VAT, GST). You are responsible for paying any applicable taxes, duties, or government fees in connection with your purchase of the services. If NetWurk.ai is required to collect taxes, those will be added to your bill and charged to you, unless you provide a valid tax-exempt certificate.
  • Changes to Fees: We reserve the right to change the pricing of our plans or usage fees. If we do so, and you are on a recurring subscription, we will give you reasonable advance notice of new fees taking effect. Price changes will typically apply at the start of your next billing cycle or at the end of a promotional period. If you do not agree to a price change, you may cancel your subscription before the new rates apply (see Termination and Cancellation below for details).
  • Late Payments: All payments are due on the date indicated on your invoice. If your payment method fails or your account becomes past due, we may attempt to re-charge the payment method. If payment remains delinquent, NetWurk.ai reserves the right to suspend or terminate your access to the services for non-payment. You may also be responsible for reasonable costs and fees associated with our efforts to collect any past due amount (such as collection agency fees or attorney’s fees, as permitted by law).

Refunds: In general, fees are non-refundable. This means if you cancel in the middle of a billing period, you will not typically receive a pro-rated refund for the remaining period. The service will remain available to you until the end of the period you’ve paid for, after which it will not renew. Exceptions may be made if required by applicable law or if explicitly stated in a specific money-back guarantee or trial satisfaction guarantee that NetWurk.ai has offered in writing. For example, if we offered a 30-day money-back guarantee for first-time users in a promotional offer, we would honor that as described in the offer terms. Absent such an offer or legal requirement, all sales are final.

By providing your payment information and subscribing, you agree to these pricing and payment terms. Please review your plan details and usage charges carefully. If you have questions about billing or believe there is an error on an invoice, contact us promptly at the contact information in Section 12. We will work with you in good faith to resolve any billing disputes.

5. User Responsibilities and Acceptable Use

When using NetWurk.ai’s platform and services, you agree to use them responsibly and legally. You are solely responsible for all activities conducted under your account and for the content (data, text, images, communications, etc.) that you or your authorized users input, upload, or generate on the platform. By using our services, you agree to the following user responsibilities and limitations:

  • Lawful Purposes Only: You will only use the NetWurk.ai services for lawful purposes. You must comply with all applicable laws and regulations in connection with your use of the platform, including (but not limited to) laws relating to privacy, data protection, intellectual property, electronic communications, and anti-spam/marketing regulations. For example, if you use the platform to send emails or SMS messages, you must comply with laws such as the U.S. CAN-SPAM Act, the U.S. Telephone Consumer Protection Act (TCPA), Canada’s CASL, the EU GDPR and e-Privacy Directive, and any other anti-spam or marketing communication laws that apply to your recipients. Unsolicited mass emailing or texting (spam) through our platform is strictly prohibited. You are responsible for obtaining any necessary consents from your contacts before sending communications via our platform.
  • Prohibited Activities: You shall NOT engage in any of the following prohibited activities on or in relation to the NetWurk.ai platform:
    • Unauthorized Access & Security Violations: Do not attempt to gain unauthorized access to the platform or another user’s account, and do not circumvent or disable any security or authentication measures. You must not probe, scan, or test the vulnerability of any system or network of NetWurk.ai, or breach any security or encryption measures.
    • Interference with Service: Do not interfere with or disrupt the integrity or performance of the services. This means no introducing viruses, worms, malware, or any other harmful code; no launching denial-of-service attacks; and no actions that impose an unreasonable or disproportionately large load on our infrastructure.
    • Misuse of Features: Do not use any feature of the platform for anything other than its intended purpose. For instance, do not use automated tools or bots to mass-create accounts or scrape data from the platform. Also, do not use the AI content generation to create unlawful material (e.g., hate speech, defamatory content, or content that infringes rights).
    • Illegal or Harmful Content: Do not upload, create, store, or transmit content that is illegal, harmful, defamatory, obscene, pornographic, harassing, or otherwise objectionable. This includes content that is violent or that promotes discrimination or harm against any group or individual. You also must not use the platform to store or transmit any content that may be invasive of another’s privacy or confidential information without authorization.
    • Intellectual Property Infringement: Do not use the services to infringe upon the intellectual property or other proprietary rights of any party. You must not upload or distribute content for which you do not have sufficient rights or permission. This includes pirated materials, unlicensed software, or images/text that violate copyright, trademark, or other rights. If you use our AI to generate content, you are responsible for ensuring that the output does not unintentionally infringe someone else’s rights (NetWurk.ai does not pre-screen AI outputs).
    • Impersonation and Fraud: Do not impersonate any person or entity or misrepresent your affiliation or the origin of any content. You should not use the platform to engage in fraudulent activities, such as phishing, pyramid schemes, or any other deceptive practices.
    • Reselling or Unauthorized Distribution: You may not resell, lease, or provide access to the NetWurk.ai services to unauthorized third parties without our explicit permission. (Exception: authorized agencies or resellers under a separate agreement with us may offer the white-label service to their clients, but such use must still comply with these Terms and any additional reseller terms.) You also may not copy, reproduce, modify, or prepare derivative works of the platform’s software or any portion of our content except as expressly allowed by us.
    • Competitive Use: You will not use our service to develop or enhance a competing product or service, nor attempt to reverse engineer, decompile, or extract any source code or trade secrets from the software, except to the extent such restriction is prohibited by law.
  • Account Security: You are responsible for maintaining the security of your account credentials. Do not share your login information with unauthorized persons. If you are an organization, you are responsible for ensuring that each user of the platform under your account uses their own credentials and abides by these Terms. You must promptly notify NetWurk.ai if you suspect any unauthorized access to or use of your account or any security breach (e.g., stolen password, unauthorized use, or any incident compromising data security).
  • Data and Content: You are responsible for all data you input or import into NetWurk.ai (such as contact lists, customer information, communications content, images, etc.). You must ensure you have the necessary rights or consents to use and upload such data to our platform. NetWurk.ai does not monitor content you store or transmit via the platform as a matter of course, but we reserve the right to remove or disable access to any content that we deem violates these Terms or law (particularly if we receive a notice of infringement or other legal demand). You acknowledge that we have no obligation to screen, monitor, or censor any user content, but we have the right to do so to protect our platform and ensure compliance with laws and these Terms.
  • End-User Compliance (for Agencies/Resellers): If you are using NetWurk.ai in a white-label or reseller capacity, providing our services to your own clients or end-users, you are responsible for ensuring that those end-users also comply with the standards set forth in these Terms. Any violation by your client or end-user is deemed a violation by you, and you must take prompt action to remedy any such violation upon our request. We reserve the right to directly intervene or terminate service to any end-user in violation, through coordination with you when feasible.
  • Cooperation: You agree to cooperate with any reasonable investigation that NetWurk.ai may undertake in response to allegations that you have used the services in violation of these Terms or any law. This may include providing information about content or usage and assisting in stopping or remedying any prohibited use.

By adhering to these user responsibilities and acceptable use rules, you help us maintain a reliable, secure platform for all users. Failure to comply with the above may result in suspension or termination of your account, and possibly legal action if required. NetWurk.ai may also take any other appropriate measures, such as removal of offending content, and may involve law enforcement if activities are suspected to be illegal.

6. Intellectual Property Rights

This section clarifies the ownership and rights in the content and technology associated with NetWurk.ai’s services, including what belongs to us, what belongs to you, and how each party’s content can be used.

NetWurk.ai Property: All rights, title, and interest in and to the NetWurk.ai platform and services, including the software, code, algorithms, interface design, logos, trademarks, service marks, brand names, and all content provided by NetWurk.ai (such as text, images, templates, documentation, and marketing materials we supply) are owned by NetWurk.ai or its licensors. Our intellectual property is protected by copyright, trademark, trade secret, and other applicable laws. Nothing in this Agreement transfers any ownership of our intellectual property to you. NetWurk.ai hereby grants you a limited, non-exclusive, non-transferable, revocable license to use our platform and materials for your internal business purposes in accordance with these Terms. You may not use NetWurk.ai’s name, logos, or trademarks without our prior written consent except as allowed for attribution (for example, you may identify that your service is “powered by NetWurk.ai” if applicable, or use provided brandable materials under a white-label agreement). Any rights not expressly granted to you in these Terms are reserved by NetWurk.ai.

User Content: You retain ownership of all content, data, and materials that you or your authorized users input, upload, or otherwise submit to the platform in the course of using our services (“User Content”). User Content may include (for example) your customer contact information, emails or messages you compose, images or files you upload to use in campaigns, and any other data you store within the NetWurk.ai system. NetWurk.ai does not claim ownership of your User Content. However, by using our services and uploading User Content, you grant NetWurk.ai a worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, transmit, and otherwise use your Content as necessary to provide the services to you and to otherwise perform our obligations (for example, to back up your data, display it to you, or send it to your intended recipients). This license is solely for the purpose of operating, maintaining, and improving the services and will continue for as long as you allow us to retain your content (e.g., until you delete the content or terminate your account and any retention period lapses). We will not use your User Content for any purposes outside of providing the service to you, except as permitted by our Privacy Policy or required by law.

AI-Generated Content: NetWurk.ai’s platform may include features that generate content using artificial intelligence or machine learning models (“AI-Generated Content”) based on input or prompts you provide. Ownership of AI Outputs can be a complex area, but in general:

  • To the extent the AI-Generated Content is considered your business content (for instance, an email draft, a marketing slogan, or an image created for you), our intention is that you should be able to use it freely for your legitimate business purposes. NetWurk.ai does not claim copyright or ownership in the specific AI-generated outputs that are produced for you using our tools. However, you acknowledge that the AI technology and algorithms that produce such content are part of NetWurk.ai’s intellectual property or licensed from third-party AI providers, and those underlying models are not being sold or transferred to you.
  • You are responsible for reviewing and using AI-Generated Content. We strongly encourage you to review any AI-generated text or material for accuracy, appropriateness, and potential infringement before using it publicly. While we strive to ensure the AI tools are helpful, they may occasionally produce incorrect or biased information, or content that inadvertently resembles existing works. Use of AI content is at your discretion and risk.
  • NetWurk.ai and its AI providers (if any) retain the right to use prompts and outputs in anonymized, aggregated form to improve the AI algorithms and services. We will not use your specific AI-generated content in a way that is identifiable or made public to others without your permission, except as needed for troubleshooting or improving the service internally.
  • If any copyright or intellectual property rights in the AI-Generated Content are deemed to vest in NetWurk.ai or its licensors by operation of law, we hereby grant you a license to use that content for your business purposes. Conversely, if the law deems you the owner of such content, you grant us any necessary license to use it as described above (for providing the service, etc.).

Feedback: We welcome feedback, suggestions, or ideas from users about how to improve our platform or services. If you choose to provide any feedback or suggestions to NetWurk.ai, you acknowledge that such feedback is not confidential and you grant NetWurk.ai a worldwide, perpetual, irrevocable, sublicensable license to use and incorporate that feedback into our products and services without any obligation to compensate you. This helps us continually improve our offerings.

Third-Party Materials: The platform may include third-party software components or libraries (for example, open source software) which remain subject to their own license terms. Also, if you integrate third-party services (via our marketplace or APIs), any content from those third-party services remains the property of the respective owners under their terms. You agree to comply with all relevant third-party license requirements when using such components or integrations.

You must not remove, obscure, or alter any copyright, trademark, or proprietary rights notices on any content or materials you access via NetWurk.ai. If you believe that the platform or any content on it infringes your intellectual property rights (or those of a third party), please notify us immediately with details (see Contact Information below, and if it’s a copyright issue, please provide a proper DMCA notice). We respect intellectual property laws and may remove or disable content alleged to be infringing and terminate accounts of repeat infringers.

7. Liability and Disclaimers

Use At Your Own Risk: NetWurk.ai strives to provide a high-quality, reliable platform, but there are important limitations to our liabilities and warranties. By using our services, you understand and agree to the following disclaimers and limitations of liability:

  • “AS IS” and “AS AVAILABLE”: The NetWurk.ai platform and all services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied. NetWurk.ai (and its officers, directors, employees, agents, providers, and affiliates) disclaims all warranties and representations, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not guarantee that the services will meet your specific requirements, achieve any intended results, or operate uninterrupted, secure, or error-free. For example, we do not warrant that the AI-generated content will be correct or that your email campaigns will achieve certain conversion rates. Any reliance you place on the information or services is strictly at your own risk.
  • No Guarantee of Uptime or Results: While we aim for high availability, NetWurk.ai does not guarantee that the services will be uninterrupted or error-free. System downtime, maintenance outages, or technical glitches may occur. We will attempt to schedule maintenance during low-usage times and give advance notice when possible, but we are not liable for any losses due to downtime or inability to access the service. Likewise, using our marketing tools or AI features does not guarantee any particular outcome for your business; you are responsible for how you implement and use the tools.
  • Third-Party Services: Some features of NetWurk.ai rely on or integrate with third-party services or networks (for example, SMS gateways, email delivery providers, WordPress or other hosting services, or third-party plugins in our marketplace). NetWurk.ai makes no warranties or guarantees about the availability or performance of third-party services. Any third-party services are provided “as is” by those providers, and your use of them may be subject to the third party’s own terms and privacy policies. NetWurk.ai is not responsible for any downtime, errors, or data loss caused by the failure of third-party services or for any claims or issues arising between you and any third-party provider. We will, however, reasonably assist in liaising with those services if an issue arises, to the extent we can.
  • Data Security and Loss: We implement reasonable security measures (both technical and organizational) intended to protect your data (see Data Collection and Privacy, Section 8). However, no system is perfectly secure or immune to breaches. Therefore, NetWurk.ai cannot guarantee absolute security of your data. To the extent permitted by law, we shall not be liable for any unauthorized access to or alteration, theft, or destruction of your data through accident, hacking, or any other unauthorized means. Data backups: You are responsible for maintaining backups of your own data that you store on the platform. While we may perform routine backups for our own disaster recovery purposes, we do not guarantee that any particular content or data can be recovered from our backups. We strongly recommend you export important data regularly.
  • Indirect and Consequential Damages: To the maximum extent permitted by applicable law, in no event will NetWurk.ai be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, business opportunity, goodwill, or business interruption, arising out of or related to your use of (or inability to use) the services, even if we have been advised of the possibility of such damages. This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).
  • Cap on Liability: To the maximum extent permitted by law, NetWurk.ai’s total cumulative liability for all claims arising out of or relating to this Agreement or your use of the services will not exceed the amount actually paid by you to NetWurk.ai for the services in the twelve (12) months immediately preceding the event giving rise to liability. If you have not paid any amount (for example, if on a free trial), our liability is limited to $100. This limitation is cumulative and not per-incident. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability will be limited to the greatest extent permitted by law.
  • User Content and Activities: We are not responsible for the content that you or other users create, store, or distribute through the platform. NetWurk.ai takes no responsibility for any material you or others generate using our AI tools or send via our system. Any views or opinions expressed in user content do not reflect those of NetWurk.ai. You agree that we will not be liable for any claims arising from content you provide or actions you take using the service (such as sending messages). You are solely liable for any such claims, including those for defamation, invasion of privacy, intellectual property infringement, or violation of law, and you agree to indemnify NetWurk.ai for any third-party claims resulting from your content or conduct (see below).
  • Indemnification: You agree to indemnify, defend, and hold harmless NetWurk.ai, its parent, affiliates, officers, directors, employees, agents, and partners from and against any and all third-party claims, liabilities, losses, damages, judgments, or expenses (including reasonable attorneys’ fees and costs) that arise out of or are related to (a) your use or misuse of the services, (b) your violation of any of these Terms, (c) your violation of any applicable law or regulation (including sending unauthorized communications or violating privacy laws), or (d) your infringement of any intellectual property or other rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and if we do so, you agree to cooperate with our defense of that claim. This indemnification obligation will survive any termination of this Agreement or your use of the services.
  • No Liability for Consequential Damages: (Restating to emphasize) To avoid doubt, NetWurk.ai will not be liable to you for any loss of profit or revenue, loss of business, loss of data, or for any indirect, special, exemplary, consequential, or punitive damages arising from or related to the services or these Terms, even if advised of the possibility of such damages. You acknowledge that the fees paid (if any) reflect the allocation of risk set forth in this Agreement and that NetWurk.ai would not enter into this Agreement without these liability limitations.

Exceptions: Some jurisdictions’ laws may give you certain rights that cannot be waived by contract. Nothing in these Terms is intended to limit or exclude liability that cannot be limited by law. In particular, these Terms do not exclude NetWurk.ai’s liability for death or personal injury caused by our negligence, or for gross negligence, willful misconduct, or fraud, or any other liability that cannot be excluded under applicable law.

You understand and agree that the disclaimers, exclusions, and limitations of liability in this Section 7 form an essential basis of the agreement between the parties, and without such limitations, the fees for the services would be significantly higher or the services would not be provided.

8. Data Collection and Privacy

Your privacy is important to us. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference. By using NetWurk.ai, you agree that NetWurk.ai may collect, use, and share your information as described in our Privacy Policy. Key points include:

  • Privacy Policy: Please review the NetWurk.ai Privacy Policy (available on our website) to understand how we handle your personal information and the data you input into the platform. The Privacy Policy explains what data we collect from you (and your end-users, if applicable), how we use and safeguard that data, and your rights regarding your personal information.
  • Compliance with Data Protection Laws: NetWurk.ai is committed to complying with applicable data protection and privacy laws, including the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), among others. This means:
    • If you or your business are located in the European Economic Area (EEA) or if you are otherwise subject to GDPR, and you use our platform to process “personal data” (as defined by GDPR), we will act as a “data processor” on your behalf, and you are the “data controller” for such data. We will process personal data in accordance with your instructions (as per these Terms and your use of the platform functionality) and will implement appropriate technical and organizational measures to protect that data. We offer a Data Processing Addendum (DPA) upon request for customers who need to meet GDPR requirements when using our service.
    • NetWurk.ai does not “sell” personal information as defined by the CCPA. We only use and share personal data in order to provide the service or as otherwise outlined in our Privacy Policy (for example, with service providers assisting us, or if required by law). If you are a consumer (though our service is business-oriented, some data like your business contact person info might fall under CCPA definitions), the Privacy Policy explains your rights such as the right to access or delete your personal data and how to exercise those rights. If any California residents’ personal information is processed, we will honor CCPA rights and have measures in place to comply.
    • For all users, we agree to maintain the confidentiality of personal data and not to use it for any purposes other than those allowed. You also agree that you will comply with any privacy laws applicable to the data you input into NetWurk.ai. For instance, if you upload your customers’ email addresses, you must have obtained those lawfully and have the right to use them. If required, you should have informed those individuals that you will be using NetWurk.ai (as a service provider) to process their data.
  • Data Security: We employ reasonable security measures to protect personal data and other sensitive information stored on our platform. These measures include encryption of data in transit (SSL/TLS), encryption of data at rest (where appropriate), firewall protections, access controls, and regular security assessments. We also train our staff on data protection. However, as noted in Section 7, no method of transmission over the Internet or electronic storage is completely secure. NetWurk.ai cannot guarantee absolute security, and by using the service, you acknowledge this risk. In the event of a data breach affecting your personal data, we will notify you as required by law and work diligently to address the breach.
  • International Data Transfers: NetWurk.ai is based in the United States. If you are using the service from outside the U.S., be aware that your data (including personal information) may be transferred to, stored, and processed in the United States or other jurisdictions where our servers or our third-party service providers are located. These countries may have data protection laws different from those in your jurisdiction. We will take steps to ensure appropriate safeguards are in place (for example, standard contractual clauses for EU data transfers, if applicable) to protect your personal data when it is transferred internationally.
  • Confidentiality: Beyond personal data, any business data or information you provide that is not public, we consider your confidential information. We will not access or disclose your confidential business information except as necessary to provide the service, to fix issues, or as required by law. If we must disclose data due to a legal obligation (e.g., a subpoena), we will notify you (if legally permitted) so you have a chance to object or seek protection.
  • Your Responsibilities for Data: You are responsible for obtaining any necessary consents from individuals before uploading their personal data to the platform. For example, if you import a contact list, you should have permission to use those email addresses. You should also publish your own privacy policy if required when collecting data (for instance, if you create web forms or landing pages via NetWurk.ai to gather personal information). NetWurk.ai acts as a service provider/data processor and will not use the data you collect for independent purposes unrelated to providing the service to you.
  • Privacy Inquiries: If you or your users have questions about privacy or data use, or wish to exercise rights (like an EU data subject access request or a California “Do Not Sell” request), please refer to the contact section of our Privacy Policy or contact us as described in Section 12. We will assist and comply with such requests in accordance with applicable law and our Privacy Policy.

By using the platform, you acknowledge our Privacy Policy and consent to the data practices described therein. It’s important to regularly review the Privacy Policy, as continued use of the services after any changes indicates your acceptance of those changes (just as with updates to these Terms).

9. Termination and Account Suspension

Both you and NetWurk.ai have the right to end this Agreement under certain circumstances. This section explains how you can cancel the service and how we may suspend or terminate your access, as well as what happens to your data in such events.

Your Right to Cancel: You may cancel your NetWurk.ai subscription or account at any time. You can initiate cancellation through the account management settings on the platform or by contacting our customer support in writing (email is acceptable for notice of cancellation, sent to the contact in Section 12). Unless otherwise stated, if you cancel:

  • Effective Date of Cancellation: Your cancellation will take effect at the end of your current billing period. You will retain access to the service until that period expires, and you will not be charged for subsequent periods. For example, if you are on a monthly plan and cancel in the middle of March, you can typically continue to use the service until March 31, and you will not be billed for April.
  • No Refunds for Mid-Period Cancellation: As noted in the Pricing section, fees are generally non-refundable. If you cancel, you will not receive a refund for any prepaid period (e.g., the unused portion of a month or year), except where required by law or if explicitly provided in an offer. If you believe you deserve a refund (for example, if you encountered a serious issue or we failed to deliver the service as promised), you can request it and we may grant exceptions at our discretion or under any applicable satisfaction guarantee.
  • Data Export: Prior to cancellation or the end of your service term, it is your responsibility to export or retrieve any data you want to save from your account. NetWurk.ai provides tools to download your contacts or other data. Upon termination, we may disable your account and you may lose access to the data (though we often keep data for a limited time post-termination as described below). It’s wise to backup any important information before your account is closed.

NetWurk.ai’s Right to Terminate or Suspend: We reserve the right to suspend or terminate your access to the services (in whole or part) under the following circumstances:

  • For Breach of Terms: If you violate any provision of these Terms or any other policy incorporated into these Terms (such as the Acceptable Use provisions), we may suspend your account immediately (in cases of severe violation) or provide notice to you of the breach and request that you remedy it in a reasonable timeframe. If you fail to cure the breach, we may terminate your account. Serious violations (such as using the platform for illegal activities, security breaches, or other harmful conduct) may result in immediate termination without prior notice, at our discretion.
  • Non-Payment: If you fail to pay any fees when due and do not cure such non-payment within a stated grace period (e.g., after we send a reminder or within a certain number of days of the due date), NetWurk.ai may suspend your account access. We will attempt to notify you of payment issues (e.g., credit card failure notifications) before suspension. If payment is not received within a further grace period after suspension, we reserve the right to terminate your account for default. You will remain responsible for any unpaid amounts.
  • By Law or Policy Changes: We may terminate or suspend accounts if we are required to do so by law (for example, if providing the service to a certain user becomes illegal) or if delivering the service to you has become impractical or impossible due to legal or regulatory changes.
  • Discontinuation of Service: While not anticipated, NetWurk.ai reserves the right to discontinue the platform or any portion of the services. If we decide to cease operations or end the service entirely, we will provide you with at least 30 days’ notice when possible so that you can export data and make alternative arrangements. After that notice period, the services may be shut down and your account terminated. In such a case, if you have paid for a period beyond the shutdown date, we will provide a pro-rata refund for the unused portion.
  • Inactive Accounts: For free trial accounts or accounts with no login or activity for an extended period, we may deactivate or delete the account (and any data associated with it) after providing notice to the email on file. This is generally to free up resources. We will outline any inactivity timeframes in our documentation or notify affected users in advance.

Effect of Termination: When your account is terminated (whether by your cancellation or by our action):

  • Your right to access or use the NetWurk.ai services immediately ceases. You must stop using the platform and any software provided as part of the service.
  • We will disable your account and you may lose access to all data or content in your account shortly after termination. Data Retention: NetWurk.ai may retain your data for a limited period following termination in case you re-subscribe or need to retrieve something (for example, retaining data for 30 days, unless a longer period is required by law or our internal data retention policies). After such period, we reserve the right to permanently delete your data from our servers, except for any data we are required to keep for legal compliance (e.g., billing records, logs for security, etc.). Data deletion is irreversible, and NetWurk.ai will not be liable for any loss of data due to account termination—hence the importance of backing up your data beforehand.
  • Any licenses or rights granted to you under these Terms (for example, the right to use our software or trademarks) end immediately upon termination.
  • If termination is due to your breach of these Terms, you may not be entitled to any refund of fees. If termination is by your choice or a discontinuation by us not due to your breach, we will handle any refunds as described above (e.g., providing pro-rata refunds for discontinued service).
  • Outstanding Fees: Termination does not relieve you of the obligation to pay any fees accrued or owed to NetWurk.ai prior to termination. If there are unpaid amounts, you will remain liable for those. We may charge your payment method or send you an invoice for such amounts, and we reserve the right to take legal action or use collections agencies if necessary to obtain delinquent payments.
  • Survival: Provisions of these Terms which by their nature should survive termination will survive. This includes (but is not limited to) clauses regarding intellectual property ownership, fees owed, disclaimers of warranties, limitation of liability, indemnification, dispute resolution, governing law, and any licenses granted to us (such as the right to use feedback, or to use your content as needed for compliance/legal purposes).

If you believe your account was suspended or terminated in error, or if you resolve an issue that led to suspension, please contact us to discuss reinstating your access. Reinstatement is at NetWurk.ai’s discretion and may require assurances or proof that the issue has been resolved (for example, deletion of offending content, payment of outstanding fees, etc.).

10. Dispute Resolution and Governing Law

This section outlines how disputes between you and NetWurk.ai will be handled, including a commitment to arbitration and the applicable law.

Governing Law: This Agreement and any dispute or claim arising out of or relating to these Terms or your use of the services will be governed by the laws of the State of Pennsylvania, USA, without regard to its conflict of law principles. Notwithstanding the foregoing, if you are accessing the services from outside the United States, you acknowledge that you are voluntarily availing yourself of the services in the U.S. and that the laws of Pennsylvania and the United States will govern your use of the platform.

Negotiation and Informal Resolution: Before initiating formal dispute resolution proceedings, we encourage you to contact us to discuss and try to resolve any concerns or disputes. Often, issues can be resolved quickly through our support or legal channels. You agree to first try to resolve any dispute informally by contacting us via the information in Section 12 and providing a brief written description of the dispute and your contact information. We will attempt to resolve the dispute informally through communication with you.

Binding Arbitration: If a dispute arising out of or in connection with these Terms or the use of the services cannot be resolved informally within a reasonable time (not less than 30 days from when you first notified us of the dispute), you and NetWurk.ai agree that any such dispute shall be resolved through final and binding arbitration, not by a court or jury trial (except for matters that may be taken to small claims court as described below). The arbitration will be administered by a neutral arbitrator agreed upon by the parties. Unless otherwise agreed, the arbitration will be conducted under the rules of the American Arbitration Association (AAA) for commercial disputes (or, if you are an individual using the services, under the AAA Consumer Arbitration Rules, as appropriate), or another established arbitration provider. The arbitration will be conducted in English.

Arbitration Procedure:

  • Location: The arbitration hearing shall be held in a location in Pennsylvania that is reasonably convenient for both parties, or, if the parties agree, it may be conducted via telephone, video conference, or based solely on written submissions. If you are a business entity, the default location will be Pennsylvania (likely Philadelphia, PA). If you are an individual consumer (though our service is intended for businesses), and traveling to Pennsylvania would cause undue burden, we can agree on an alternative, or use remote methods.
  • Arbitrator’s Authority: The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitrator can grant any relief that a court could, including individual injunctive relief, but may only award relief in favor of the individual party seeking relief and not on a class or collective basis (as set forth below). The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
  • Costs: Each party will be responsible for their own attorneys’ fees and costs in arbitration, unless the arbitrator rules otherwise or unless applicable law provides a right for fee-shifting (for example, certain consumer protection laws). As for arbitration fees, we will follow the applicable arbitration provider rules; for example, under AAA Consumer Rules, we may be responsible for all or part of the arbitration fees depending on your situation. In any case, NetWurk.ai will not seek to recover its arbitration fees from you if you raise a dispute in good faith.
  • Exceptions – Small Claims and Injunctive Relief: Notwithstanding the above arbitration requirement, either party may bring a qualifying claim in small claims court (if the claim is within the jurisdictional limit of small claims court) in Philadelphia, Pennsylvania, or the small claims court in the county where you reside (if required by law). Additionally, either party may seek injunctive relief in a court of law for intellectual property infringement or misuse claims. For instance, if you violate our intellectual property rights, we may seek an injunction from a court to stop you, and similarly, if you believe your intellectual property or data is being misused on the platform in violation of these Terms, you may seek a court order to stop it.
  • Class Action Waiver: You and NetWurk.ai agree that any disputes will be resolved on an individual basis only, and not on a class, collective, or representative basis. This means that you waive any right to bring a class-action lawsuit or class-wide arbitration against NetWurk.ai, and the arbitrator shall not consolidate the claims of multiple parties. You also agree not to participate in any class action against us initiated by someone else. Each party shall only be entitled to individualized relief (monetary, injunctive, and declaratory relief) as appropriate.
  • Jury Trial Waiver: By agreeing to arbitration, both you and NetWurk.ai waive the right to a trial by jury for any dispute that is resolved through arbitration. If for any reason a claim is found not subject to arbitration, you and we still waive any right to a jury trial, opting instead for a trial before a judge (known as a “bench trial”).

Governing Law in Arbitration: The arbitrator will apply Pennsylvania law (as set forth under Governing Law above) to the merits of any dispute or claim, and the Federal Arbitration Act (FAA) will govern the interpretation and enforcement of the arbitration clause.

Time Limit to Bring Claims: You agree that any claim or cause of action arising out of or related to use of the services or these Terms must be filed within one (1) year after such claim or cause of action arose (or the shortest period of time permitted by applicable law if one year is deemed too short), or else it is permanently barred. This means if you have a dispute, you must initiate arbitration or small claims (or give required notice) within a year, otherwise you waive the claim.

Severability of Arbitration Clause: If the class action waiver in this Section 10 is found unenforceable in a particular case, or the entire arbitration agreement is found unenforceable, then the entirety of this arbitration provision shall be null and void for that case only, and the parties agree that the exclusive jurisdiction and venue described below shall govern any lawsuit that arises out of that particular dispute. If any other part of the arbitration agreement is severed or found unenforceable, the remainder of the arbitration terms shall still apply.

Jurisdiction and Venue: Subject to the arbitration clause above, you agree that any judicial proceedings (other than small claims actions or requests for injunctive relief as noted) will be brought in the state or federal courts located in Philadelphia, Pennsylvania. Both you and NetWurk.ai consent to venue and personal jurisdiction in Philadelphia, PA courts, and waive any objections or defenses thereto.

By entering into these Terms, you explicitly acknowledge that you have read and understand this arbitration agreement and class action waiver, and that you agree to be legally bound by it. This Section 10 will survive termination of the Agreement.

11. Modifications to Terms

NetWurk.ai may update or modify these Terms of Service from time to time. Because our business and legal requirements may change, we reserve the right to make changes to this Agreement as needed, but we will do so in accordance with the process outlined below:

  • Right to Modify: We reserve the right to modify, amend, or update these Terms at our discretion. Any changes will be effective when posted on our website or otherwise communicated to you (whichever is earlier, if there’s a delay between posting and notification).
  • Notice of Changes: If we make material changes to the Terms, we will provide you with advance notice before the new terms take effect. Notification may be given by email (sent to the email address associated with your account), by posting a notice on the NetWurk.ai dashboard or website, or by other reasonable means. The notice will indicate what changes are being made and when they will become effective. Minor changes (such as clarifications or corrections that do not materially affect your rights) may take effect immediately upon posting, but significant changes will have a notice period.
  • Acceptance of Changes: Your continued use of the NetWurk.ai services after updated Terms have become effective constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must stop using the services and, if applicable, cancel your account before the effective date of the new Terms. We will remind you of this in the notice.
  • Review Regularly: We encourage you to review the Terms of Service periodically. We will update the “Last Updated” date at the top of this document whenever we make changes. It’s your responsibility to check for updates especially if you do not receive an email or notification (for example, if your contact info is out of date). However, we will not enforce material changes retroactively without your consent – the version of the Terms that you agreed to will govern unless and until you agree to new terms.
  • Modifications to Services: Along with modifications to terms, NetWurk.ai may update the services, pricing, or features. If we modify the service in a way that materially reduces functionality or materially negatively affects your use, we will endeavor to inform you (for instance, if a feature is being deprecated). In some cases, changes to the service might necessitate changes to these Terms (or vice versa).
  • Your Feedback on Changes: If you have questions or concerns about changes to the Terms, you can contact us for clarification (see Section 12). Sometimes we may even seek user feedback on proposed changes before finalizing them, especially if user input can help address concerns.

Remember, it is important to keep your contact email current in your account settings so that we can reach you for important updates to the Terms or services. NetWurk.ai is not responsible for any harm you suffer by continuing to use the service after a change if we attempted to notify you but you did not receive the notice due to out-of-date contact information or other issues outside our control.

12. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or need to provide any legal notices, you may contact us using the information below. We value open communication and will respond as appropriate to your inquiries.

NetWurk.ai – Official Contact Details:

  • Business Address (Mailing): 269 Lyceum Avenue, Philadelphia, PA 19128, USA.
    (This is our corporate mailing address. Any legal notices or correspondence can be sent to this address. If you are sending a legal notice, we recommend using a trackable or certified mail service and also sending a copy via email for quicker attention.)
  • Email: info@NetWurk.ai
    (For general inquiries or to send notices electronically. If you are providing a legal notice such as a breach notification or an indemnification claim, please include “Attn: Legal Department” in the subject line.)
  • Phone: +1-912-800-0053
    (For general customer service questions or urgent issues. Note that official legal notices should be in writing; a phone call will not suffice for legal notice requirements, but we are available to help with any account or technical issues via phone.)

Customer Support: For non-legal issues, such as account support, billing questions, or technical assistance, you can also visit our Help Center on the website or use the support contact information provided within the platform. However, for any modifications or terminations of contract, or legal disputes, please use the formal contact methods above.

When contacting us regarding this Agreement, please provide any relevant information that will help us assist you, such as your account ID, the issue you are contacting about, and your preferred method of response. We will maintain records of communications with you consistent with our Privacy Policy.

Entire Agreement: These Terms of Service (along with any additional terms you’ve agreed to, such as a Data Processing Addendum or specific service add-ons, and our Privacy Policy) constitute the entire agreement between you and NetWurk.ai regarding the use of our services and supersede any prior agreements or understandings (whether written or oral) relating to the same subject matter.

Severability: If any provision of these Terms is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions of the Terms will continue in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of NetWurk.ai.

Assignment: You may not assign or transfer this Agreement (or any of your rights or obligations hereunder) without our prior written consent. NetWurk.ai may assign this Agreement as part of a merger, acquisition, sale of assets, or by operation of law or otherwise. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

By using NetWurk.ai, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for choosing NetWurk.ai as your CRM and marketing automation platform. We appreciate your business and look forward to supporting your growth with our services. If you have any questions or need clarification on any section of this Agreement, please reach out to us at the contact information above.