WorkApp Terms and Conditions
Welcome to WorkApp!
These Terms and Conditions ("Terms") govern your access to and use of the WorkApp software application and services (collectively, the "Service" or "WorkApp"), provided by Dom Kirby Creative, LLC, a managed website business ("We," "Us," or "Our").
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION CLAUSE AND WAIVER OF CLASS ACTION RIGHTS (SEE SECTION 10). BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION, WHICH MEANS YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.
1. Scope of Service
WorkApp is a business-to-business (B2B) application designed to manage billing, work, and projects (including tickets, tasks, and project management) for Our managed website services provided to you ("Client" or "You").
2. Access and Accounts
A. Account Creation
To use WorkApp, You must have an active managed website service agreement with Us. Access to WorkApp is granted solely for the purpose of managing the services outlined in that separate agreement.
B. Security
You are responsible for safeguarding the password and credentials that You use to access the Service and for any activities or actions under your password. We encourage You to use strong passwords and multi-factor authentication. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
3. Use of WorkApp
A. Acceptable Use
You agree not to use the Service:
- In any way that violates any applicable local, national, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
B. Features and Functionality
The Service provides features including, but not limited to:
- Billing Management: Review and payment of invoices related to Our managed services.
- Project Management: Tracking project progress, milestones, and deliverables.
- Ticketing System: Submitting and tracking support tickets and change requests.
4. Billing and Payment
WorkApp facilitates the invoicing and payment process for the managed website services.
A. Invoices
Invoices for services rendered will be made available to You within WorkApp.
B. Payment
All payment terms, due dates, and dispute resolution processes related to the managed website services are governed by the separate Managed Service Agreement between You and Us. WorkApp is a platform for accessing this information and initiating payments.
5. Intellectual Property
The Service and its original content (excluding Client Data), features, and functionality are and will remain the exclusive property of Dom Kirby Creative, LLC and its licensors. WorkApp is protected by copyright, trademark, and other laws of both the United States and foreign countries.
6. Client Data
A. Ownership
You retain ownership of any data, information, or material (including content for tickets and projects) that You submit, post, or display on or through the Service ("Client Data").
B. License to Us
By submitting Client Data, You grant Us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, and distribute the Client Data solely for the purpose of providing the WorkApp Service and the managed website services to You.
7. Termination
We may terminate or suspend access to Our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if You breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Limitation of Liability
In no event shall Dom Kirby Creative, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.
10. Dispute Resolution by Mandatory Arbitration
You and Dom Kirby Creative, LLC agree that any disputes, claims, or controversies arising out of or relating to these Terms or the Service shall be resolved by binding arbitration on an individual basis. Arbitration is more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You and Dom Kirby Creative, LLC agree that, by entering into these Terms, You and Dom Kirby Creative, LLC are each waiving the right to a trial by jury or to participate in a class action.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution by Mandatory Arbitration" Section. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted in Denver, Colorado.
11. Changes to Terms
We are committed to maintaining up-to-date and relevant Terms and Conditions for the use of the WorkApp platform. Accordingly, we expressly reserve the unqualified right, acting in Our sole and absolute discretion, to modify, amend, update, or entirely replace these Terms at any point in time, without prior individual notice to any user.
The modifications to these Terms may be necessary due to, but not limited to, changes in technology, operational requirements, legal or regulatory compliance obligations, or enhancements to the services offered.
You, as the user, acknowledge and agree that it is your responsibility to periodically review the current version of these Terms. Notice of any and all such modifications, revisions, or replacements will be made available and published solely by posting the updated Terms on this specific webpage. Your continued use of the WorkApp platform following the posting of any revised Terms constitutes your full acceptance of and agreement to be bound by the new Terms. If you do not agree to the modified Terms, your sole recourse is to cease all use of the WorkApp platform immediately.
12. Contact Us
If You have any questions about these Terms, please contact Us at:
Last Revised: 2/1/2026