Workky Terms of Service

These Terms of Service ("Terms") are a binding agreement between WORKKY, Inc., a Delaware corporation operating from California ("Workky," "we," "us," or "our"), and the business that creates an account or otherwise uses our products ("Customer," "you," or "your"). They govern your use of workky.ai, app.workky.ai, Emma (our AI receptionist for phone and website), Workky CRM, SMS features, and any related services (together, the "Services").

By creating an account, clicking "I agree," starting a free trial, or using the Services, you accept these Terms. If you are accepting on behalf of a company, you confirm you have authority to bind it. If you do not agree, do not use the Services.

1. Who Can Use Workky

The Services are for businesses and their authorized staff. You must be at least 18 years old and using the Services for business purposes. The Services are not offered to consumers for personal use.

2. What Workky Provides

• Emma — an AI receptionist that answers your inbound phone calls and website conversations, collects information from callers, books appointments on your calendar, sends SMS confirmations to callers, and records each completed conversation in Workky CRM.
• Workky CRM — a customer relationship management application at app.workky.ai where you manage contacts, conversations, appointments, and records created by Emma.
• Support and setup — we configure Emma for your business using the information you give us.

Emma is administrative support. Emma does not give legal, medical, pharmaceutical, financial, or other professional advice, and does not create any professional relationship (for example, an attorney-client or pharmacist-patient relationship) between a caller and you. You are responsible for reviewing Emma's work and for every decision made using information Emma collects.

3. Your Account

You are responsible for everything that happens under your account, for keeping login credentials confidential, and for the acts of every user you invite. Tell us immediately at legal@workky.ai if you suspect unauthorized access.

4. Free Trial, Plans, and Billing

4.1 Free 7-day trial. New customers may try Emma free for 7 days, with 30 minutes included. No credit card is required. When the trial ends, service stops unless you choose a paid plan; the plan is billed from the day you choose it. We do not convert a trial into a paid subscription without your action.

4.2 Plans. Paid plans are described at workky.ai/pricing. Each plan includes a monthly allotment of Emma voice minutes. There is no per-minute overage: when the allotment is used up, Emma pauses until you buy a one-time top-up (100 minutes for $49 or 300 minutes for $129) or upgrade to a higher plan. Top-ups are never bought automatically. An upgrade starts immediately. We will never move you to a higher plan automatically.

4.3 Month-to-month, automatic renewal. Plans are billed monthly in advance and renew automatically each month until you cancel. You can cancel at any time from your account settings at app.workky.ai or by emailing legal@workky.ai. Cancellation takes effect at the end of the current billing month, and Emma stops answering calls at that time. Cancelling online takes no more steps than signing up did. We will also email you a reminder of your plan, price, and how to cancel at least once a year.

4.4 Refunds. If you cancel, we refund any prepaid, unused full months. Usage-based charges already incurred (minute top-ups, SMS) are not refundable. Refunds are issued to the original payment method within 10 business days.

4.5 Payment. We bill through Stripe. You authorize us to charge your payment method for plan fees, top-ups you buy, and usage. Overdue amounts may result in suspension after 7 days' notice. Prices exclude taxes; you are responsible for applicable taxes.

4.6 Price changes. We may change prices with at least 30 days' notice by email. Continued use after the change takes effect is acceptance. You may cancel before then without penalty.

5. Your Responsibilities

You agree that you will:

• Give us accurate business information (hours, services, staff, calendar access) and keep it current — Emma relies on it.
• Comply with all laws that apply to your business and to your use of Emma, including call recording, telemarketing, privacy, professional conduct, and consumer protection laws in every state where you operate or receive calls.
• Have a lawful basis for every phone number and contact you load into Workky CRM.
• Obtain any consent required for SMS messages sent to your callers, and honor opt-outs.
• Use Emma only for inbound calls and the transactional SMS features we provide. Emma does not place outbound marketing calls.
• Review Emma's transcripts and CRM records regularly and act on urgent matters yourself.
• Not use the Services for Protected Health Information (PHI) under HIPAA. Workky does not currently offer a Business Associate Agreement. Until we do, you may not use Emma or Workky CRM to collect, store, or transmit PHI. (See our Compliance page for status.)
• Follow our Acceptable Use Policy, which is part of these Terms.

6. Emergency Calls

Emma is not an emergency service. Emma cannot contact 911, police, fire, or medical emergency services, and cannot dispatch help. If a caller describes an emergency, Emma is configured to tell them to hang up and dial 911. You must not present Emma to the public as an emergency contact line.

7. Call Recording and AI Disclosure

Calls handled by Emma are recorded and transcribed so that you can review them and so that the conversation can be saved in Workky CRM. Emma announces at the start of every call that she is an AI receptionist and that the call is recorded. You may not disable these disclosures. California and several other states require all parties to consent to recording; Emma's disclosure is designed to meet that requirement, but you remain responsible for compliance in your jurisdiction.

8. Your Data

8.1 You own it. You own all data you and your callers put into the Services, including call recordings, transcripts, contacts, and CRM records ("Customer Data"). You grant us a limited license to host, process, and display Customer Data solely to provide the Services to you.

8.2 We never train on it. We do not use Customer Data — including call recordings and transcripts — to train, fine-tune, or improve any AI model, ours or a vendor's. Our AI vendors are contractually bound to the same restriction.

8.3 Retention. By default we keep call recordings and transcripts for 90 days; you can shorten or extend this in your CRM settings. CRM records are kept for as long as your account is active.

8.4 Export and deletion. You can export your Customer Data at any time from Workky CRM. After your account ends, we delete Customer Data within 30 days, except for copies in routine backups (deleted within 90 days) and records we must keep by law.

8.5 Privacy. Our Privacy Policy explains how we handle personal information. For data about your callers, we act as your service provider; our Data Processing Agreement applies.

9. Intellectual Property

Workky owns the Services, Emma's voice and personality, our software, and our brand. You receive a non-exclusive, non-transferable right to use the Services during your subscription. You may not copy, reverse engineer, resell, or build a competing product from the Services, and you may not use the "Workky" or "Emma by Workky" names or logos without written permission. If you send us feedback, we may use it without obligation to you.

10. Third-Party Services

Emma and Workky CRM rely on third-party providers (telephony, hosting, AI models, payments) listed on our Subprocessor page. If you connect a third-party calendar or tool to Workky, that provider's terms govern your use of it. We are not responsible for third-party services.

11. Availability and Support

We aim to keep Emma answering 24/7 but do not guarantee uninterrupted service. We may perform maintenance and will try to give notice. Support is available by email at the address in your account; response targets depend on your plan.

12. Suspension and Termination

We may suspend or terminate your account if you materially breach these Terms, use the Services unlawfully, fail to pay, or create risk for Workky, our vendors, or callers. We will give notice and a chance to cure where practical. You may terminate at any time by cancelling. Sections 4 (amounts owed), 8, 9, 13, 14, 15, and 16 survive termination.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS." AI SYSTEMS MAKE MISTAKES. EMMA MAY MISHEAR, MISRECORD, OR MISUNDERSTAND A CALLER, MAY FAIL TO BOOK AN APPOINTMENT, OR MAY BE UNAVAILABLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, THAT EMMA WILL CAPTURE EVERY CALL OR LEAD, OR THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WORKKY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST CLIENTS, LOST DATA, OR MISSED OPPORTUNITIES, ARISING FROM THE SERVICES. WORKKY'S TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE FEES YOU PAID US IN THAT PERIOD. THESE LIMITS DO NOT APPLY WHERE THE LAW DOES NOT ALLOW THEM.

15. Indemnification

You will defend and indemnify Workky and its officers, directors, and contractors against third-party claims, damages, and expenses (including reasonable attorneys' fees) arising from your Customer Data, your callers, your violation of law or of these Terms, your professional services to your clients, or SMS messages sent at your direction.

16. Governing Law and Dispute Resolution

16.1 California law. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules.

16.2 Informal resolution first. Before filing any claim, you and Workky agree to try to resolve the dispute by emailing legal@workky.ai and negotiating in good faith for 30 days.

16.3 Binding arbitration. Any dispute not resolved informally will be settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, before a single arbitrator, in the county in California where Workky's principal office is located, or by video. The arbitrator may award the same relief a court could. Judgment on the award may be entered in any court with jurisdiction.

16.4 Class action waiver. Disputes will be resolved on an individual basis only. You and Workky each waive the right to bring or participate in a class, collective, or representative action.

16.5 Exceptions. Either party may bring an individual claim in small claims court, or seek an injunction in court to protect intellectual property or confidential information.

16.6 Opt-out. You may opt out of arbitration by emailing legal@workky.ai within 30 days of first accepting these Terms, with your company name and the words "opt out of arbitration."

17. Changes to These Terms

We may update these Terms. For material changes we will email you at least 30 days before they take effect. Continued use after the effective date is acceptance. If you do not agree, cancel before that date.

18. General

These Terms, the Acceptable Use Policy, the Privacy Policy, the SMS Policy, and the Data Processing Agreement are the entire agreement between us. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them to a successor. Notices to us go to legal@workky.ai; notices to you go to your account email. Neither party is liable for delays caused by events beyond its reasonable control.

19. Contact

WORKKY, Inc. Email: legal@workky.ai