Terms &
Conditions

Hephaestus.work is an integrated all-in-one dispatch platform designed to support our small business partners (“you,” or “client”) which leverages our technology based systems to automate scheduling, eliminate paperwork, assist in client communication, and provide resources to aide in revenue expansion all under one dedicated application (“Service”) which is operated by hephaestus.work, LLC, an Indiana limited liability company (“hephaestus” “we,” “our,” or “us”), and offered via the hephaestus.work website (“Our Website”). Our Service is designed to assist our clients run their business operations. You acknowledge that hephaestus' services are designed solely for businesses, and not for consumers, and that purchase and use of hephaestus' services constitutes a business-to-business transaction.

Acknowledgement & Acceptance

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms of Service (the “Terms of Service” or “Agreement”). This Agreement, together with the Privacy Policy, applies to clients who access, enroll in, or use the Service (“Users,” used interchangeably with “you” and “client” throughout this Agreement). “User” means you as an individual, as well as the employer or entity on whose behalf you are using the Service, and you represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and such employer or entity. “User” also includes consumers that use any of our services, as applicable. You, if you are the owner of your business, are able to provide administrative access to your hephaestus account to your employees, agents and representatives, and you acknowledge and agree that individuals with administrative access have the right and ability to control your hephaestus account, including accessing customer information, setting up, canceling and modifying payment information, and adding or removing other users from the account, including other administrative users.

You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on the Service or Our Website or by notifying you directly in our sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to such changes. We may modify this Agreement at any time in our sole discretion. We will use commercially reasonable efforts to provide notice of material changes (including via email or in-product notification), but you agree that posting updated Terms on the Service constitutes sufficient notice. Continued use of the Service constitutes acceptance. You are responsible for remaining knowledgeable about the terms of the Agreement.

THE SECTION BELOW LABELED “DISPUTE RESOLUTION” OF THESE TERMS OF SERVICE CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SUBJECT TO CERTAIN PROVISIONS BELOW: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.

Use of the Service

The Service is offered to Users who are 18 years of age or older and reside in the United States. Use of the Service is permitted only by individuals who can form legally binding contracts under applicable law. If you do not qualify, do not use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and otherwise meet all eligibility requirements herein. You further represent that all information you provide to us (including any customer and employee information) or any of our Third-Party Providers and vendors shall be accurate, and that you shall have all necessary rights to provide and use such information for use as contemplated herein. In addition you represent and warrant that you will comply with all applicable federal, state and local laws, rules and regulations with respect to your use of the Service.

License

Subject to User's compliance with this Agreement, hephaestus hereby grants User a revocable, non-exclusive, non-transferable right to access and use the Service, solely in the conduct of User's normal course of business, and in accordance with this Agreement. User understands and agrees that the Service is provided under license to User, not being sold to User, and User does not gain any ownership interest of any kind in the Service under this Agreement. hephaestus will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time-to-time hephaestus may restrict access to some parts of the Service, or the entire Service, to Users. hephaestus does not make any representations or guarantees regarding uptime or availability of the Service. Hephaestus expressly disclaims any service level commitments unless set forth in a separate written agreement executed by an authorized officer of Hephaestus.

User shall not, and shall not permit any third party to: (i) reverse engineer, decompile, or attempt to derive the source code of the Service; (ii) use the Service to develop a competing product or service; (iii) access the Service for benchmarking or competitive analysis purposes or publicly disclose performance metrics without Hephaestus' prior written consent; or (iv) use the Service for unlawful data harvesting, resale, or extraction.

Service Data You Provide

In using the Service, You may provide us, directly or indirectly, with information about you or your business, including but not limited to the following types of information (which shall be referred to collectively as “Service Data”):

License to Service Data / How We Use Service Data

By submitting Service Data or any other content on or through our Service, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, transmit, modify, display and distribute such content (i) to the extent necessary to provide the Service; (ii) for internal business purposes; (iii) to evaluate your eligibility to use our Service and Third-Party Services, in our sole discretion, as well as to create and present to you relevant new offerings from hephaestus, Third-Party Providers, and our partners, (iv) to improve, modify and adapt our Service, and (v) for any other lawful purpose. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to the Service Data and any content or materials that you submit to your hephaestus account or the Service.

Such use is subject to our rights and obligations set forth in our privacy policy. Examples of use may include, without limitation, the following:

• Provide relevant data to our Service and Third-Party Providers (defined below), vendors and applications (“Apps”) that utilize functionality from your account to fulfill their services and evaluate your eligibility for additional services;
• Send communications on your behalf to effect the intended purposes of the applicable Service, e.g., sending job scheduling emails, sending en-route text notifications, offering your marketing promotions;
• Make your services available on our and third-party Booking Services that we partner with;
• Generate invoices to you and collect payment thereon;
• Verify your identity, and prevent fraud or other unauthorized or illegal activity;
• Analyze and create anonymized aggregate industry trends and analytics to improve the Service and create new features and offerings;
• Provide customer support to you;
• Use the names, trademarks, service marks and logos associated with your company to promote the Service;
• Provide you with job applicants potentially looking for jobs in your industry;
• Send you offers and marketing materials from hephaestus and any of our partners or affiliates that we believe may be of interest to you; and
• Any other use that we, or a third-party App or Third-Party Provider, describes at the point where we collect data or information with your consent.

Notwithstanding any other provision of this Agreement, hephaestus shall own all right, title and interest to any anonymized, aggregated and statistical data created, generated and/or derived from the Service Data and use of the Service. If hephaestus does not automatically own any anonymized aggregated and statistical data upon its creation, you hereby assign all right, title and interest, including intellectual property rights, in and to such aggregated and statistical data to Hephaestus.

We also reserve the right to use any version of your website or your data for our marketing or promotional activities, online or offline, and to modify it as reasonably required for such purposes, and you hereby waive any claims against us or anyone acting on our behalf relating to any past, present or future moral rights, artists' rights or any other rights you may have in or to such content with respect to such uses.

You hereby grant to hephaestus a non-exclusive, irrevocable, perpetual, unlimited, worldwide license to use and permit others to use, at no cost, your name, photograph, video and voice (from any recordings you provide or upload, or recordings made by us that include you), statements and information concerning your business, likeness, and personal characteristics (“Materials”) in connection with hephaestus' business purposes, including but not limited to, advertising and commercial exploitation, in any format now known or hereafter developed at hephaestus' sole discretion.

If you are a franchisee or licensee, and you subscribe to hephaestus through an offer or in conjunction with your franchisor or licensor, you authorize hephaestus to provide access to your hephaestus account, and all information therein, to your franchisor or licensor.

The rights granted herein shall survive termination or expiration of this Agreement for any reason.

Communicating With You / TCPA Consent; Withdrawing Consent; Help

You authorize hephaestus, inclusive of its agents, affiliates and independent contractors, to contact you at the email address(es) and telephone number(s), including by texting, that you have provided to hephaestus for advertisement, telemarketing, solicitation or other purposes, including contacting you using an automated telephone dialing system or a pre-recorded or artificially-generated voice, even if you have previously requested to be placed on our Do-Not-Call list, or your phone number appears on a state or federal Do-Not-Call list, or you have previously opted-out from receiving marketing emails from us. You can withdraw your consent to receive text messages at any time by replying with a text saying “STOP”. After you send a message “STOP” to us, we may send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us, unless you thereafter provide consent. If you are experiencing issues with the text messaging program you can reply with the keyword “HELP” for more assistance, or you can get help directly at service.hephaestus.work@gmail.com. Neither the carriers, nor hephaestus are liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us, and to us from you. Message frequency may vary. If you have any questions about your text or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy at hephaestus.work. Consent to receive marketing messages is not a condition to using our services, and if you choose not to consent, you may opt out by calling (812) 890-9662.

You also agree that all personal information you provide to register with the Service is governed by our Privacy Policy, and you consent to all actions hephaestus takes with respect to your personal information consistent with its Privacy Policy. Where it is permitted by law, hephaestus may rely on implied consent. You also represent and warrant that you have obtained all necessary consents for any communications to your employees and customers that are facilitated by or delivered via our Service, and you acknowledge that you are solely responsible for compliance with any applicable laws, rules or regulations relating to your communications with your employees and customers (including but limited to any such laws, rules or regulations relating to recording of telephone calls), and you represent and warrant that hephaestus may rely on your instructions with regard to any such communications.

Consent to Third Party Monitoring and Processing

You understand that your communications with hephaestus, including but not limited to telephone calls, SMS messages, chats, and in-product communications, may be monitored live, recorded and/or processed by third-party partners and vendors of hephaestus for purposes of analysis, quality assurance, training, improving our products and services, and enhancing and facilitating hephaestus' interactions with you and that such third parties may use such recordings and information therein for in providing services to hephaestus to be used for such purposes. You hereby consent to such live monitoring, recording and processing, and the foregoing uses of such information by hephaestus and any of its third-party partners and vendors.

Consent to Interacting With Hephaestus via Artificial Intelligence and Pre-Recorded Calls

You understand that hephaestus may contact you, respond to or answer your inquiries, or perform actions on your behalf, whether by phone, text, SMS, email or in-product, using artificial intelligence (AI). Based on these communications, we may perform actions that would typically have been performed by our employees or our product. We may also enable AI functionality as a product feature that facilitates similar functionality for use by you in serving or communicating with your end customers. You hereby consent to hephaestus interacting with you via AI-generated voice, text, email and all other forms of communication. In addition, you consent to hephaestus calling you using pre-recorded messages.

Consent to Data Use and AI Integration

By using our services, you acknowledge and consent to our collection, use, and processing of your information, content, and communications (“User Data”) for the improvement, development, and training of our artificial intelligence (AI) models and tools, and for providing our services to you.

This may include, without limitation:

• AI Model Training. Your User Data may be used to train and enhance our proprietary AI models to improve the functionality, accuracy, and security of our services.
• Third-Party AI Vendors. We may engage third-party AI providers to support the functionality of our services. We use reasonable efforts to prohibit such providers from using any of your personal information for the purposes of developing and improving their AI models. In addition, these third parties are required to implement privacy and security measures consistent with our obligations under applicable data protection laws. Notwithstanding the foregoing, you acknowledge and agree that once integrated with these third-party AI models, your User Data (including any data derived therefrom) may continue to be used, analyzed, and enhanced by both us and our third party providers for ongoing model improvement, product innovation, and other business purposes.
• Data Retention. Data used for AI training purposes may be retained as part of our AI model's knowledge base. We will ensure that retention of any such data complies with applicable laws.

To the extent required by applicable law, Hephaestus will implement reasonable measures to de-identify or anonymize personal data used for AI training; however, User acknowledges that complete anonymization may not be possible and expressly consents to such use.

Subscription Fee for Use of Services

hephaestus has various levels of service that are billed on a subscription basis for the term as specified when you subscribed. When you sign up for a subscription-billing based account, you agree to pay for, and to allow us to bill your credit card (or other payment method provided by you) for, all due charges, including all taxes and other applicable charges, in advance, at regular intervals, in accordance with the term of the Services to which you subscribed. The subscription period can be month-to-month, annual, or another duration. ALL SUBSCRIPTIONS AUTOMATICALLY RENEW, IF NOT TERMINATED PRIOR TO SUCH AUTO-RENEWAL FOR A PERIOD EQUAL TO THE SUBSCRIPTION PERIOD. For renewals, hephaestus will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. You hereby authorize us to re-bill for any failed billing or past-due amounts, including charging any alternate forms of payment that you have provided. Hephaestus reserves the right to suspend or restrict access to the Service immediately upon any failure to pay amounts when due. Subscription fees will not be prorated or refunded, except as expressly set forth in this Agreement. We reserve the right to revise pricing, for any or all of our offerings, at any time, and such revised pricing shall become effective upon our provision of notice or as otherwise provided in such notice. Any fees not paid when due may incur late payment fee equal to the lesser of 1.5% per month or the maximum amount allowed by law.

User agrees not to initiate chargebacks or payment disputes with its payment provider without first providing Hephaestus a reasonable opportunity to resolve the issue. Improper chargebacks constitute a material breach of this Agreement.

Customer Service

You are solely responsible for all customer service issues between you and your customers relating to your services, including pricing, fulfillment, cancellation by you or customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us.

Taxes – Sales & Use

We may, if required, collect and remit sales tax. Not all states enforce sales tax on products and services like hephaestus, so you may not be affected.

Related Financial Solutions Terms of Service

You have the option of taking advantage of related financial products and services offered through the Service (each a “Financial Solution”). Such offerings are subject to certain fees as disclosed to you at the time of sign up. By using Financial Solutions, you acknowledge and agree that we may use third-party technology and service providers (“Third-Party Financial Partners”) and that the terms and privacy policies of any such Third-Party Financial Partners are applicable to you. hephaestus is not liable for the acts or omissions of any third-party, including any Third-Party Financial Partners.

Intellectual Property and Website Content

We or our licensors or partners own the intellectual property rights in the content and materials displayed on Our Website(s), including but not limited to any materials to which you have access via your use of Services (“Site Content”). You may use Our Website(s) (including any Site Content) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Site Content unless explicitly authorized in these Terms of Service or by the owner of the materials.

We respect the intellectual property rights of others and act in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any of your work has been copied or was otherwise used in a way that constitutes copyright infringement, please immediately notify us using the contact information provided below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please include the following information in writing to us: (a) a physical or electronic signature and the contact information of the person authorized to act on behalf of the owner of the copyright, (b) a description of the copyrighted work you claim has been infringed, (c) a description of the material that you claim to be infringing and information sufficient to permit us to locate the material (including the URL address), (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (e) a statement that the information in the Notification is accurate, and, under penalty of perjury, a statement that you are the copyright owner or are authorized to act on behalf of the owner.

Our Copyright Agent can be reached at the following address:

If you believe your own copyrighted material has been removed as a result of a mistake or misidentification, you may submit a written counter notification to us. To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (a) identification of the information that has been removed or disabled and the location at which the material appeared, (b) a statement that you consent to the jurisdiction of the U.S. Federal District Court in which your address is located, (c) a statement that you will accept service of process from the party that filed the Notification, (d) your name, address and telephone number, (e) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification, and (f) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Materials You Provide

You are responsible for all content you provide to hephaestus in connection with your use of our Services including photos, images, graphics, written content, audio files, or other information or data (the “Materials”). We do not claim any intellectual property rights over the Materials. All Materials you upload remain your property. You can remove the Materials by deleting your account.

By uploading your Materials, you agree (a) to allow other Internet users to view the Materials you post publicly, (b) to allow hephaestus to store, and in the case of Materials you post publicly, to display the Materials, and (c) that hephaestus can at any time review any of the Materials although hephaestus is not obligated to do so.

You are responsible for ensuring that your Materials and the content shown through use of our Services do not violate any law or regulation, do not violate any rights of any third party, including any privacy rights, and do not infringe upon any intellectual property rights of any third party.

Your hephaestus account is not intended to be used for storing sensitive data, including but not limited to consumer credit card or bank account information. You should not store such data in your hephaestus account, and you acknowledge and agree that hephaestus is not responsible for any storage of such information in your hephaestus account.

Acceptable Use of Our Service

Certain uses of our Service are inconsistent with our mission to improve the experience of our Clients. The following activities are prohibited:

• Child exploitation: You may not post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
• Harassment, bullying, defamation and threats: You may not post or upload Materials that harass, bully, defame or threaten any person.
• Hateful content: You may not use the Service to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discrimination.
• Illegal activities: You may not use the Services, including but not limited to posting or uploading Materials for any illegal purposes, or in any manner that violates any applicable laws.
• Privacy or Intellectual property: You may not post or upload Materials that infringe on the privacy or intellectual property rights of others.
• Obscene or offensive content: You may not post or upload any Materials that we find in our sole discretion to be obscene, indecent or offensive in any way.
• Malicious and deceptive practices: You may not use the Service to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Service or other infrastructure of hephaestus or others.
• Personally identifiable or confidential information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, or account passwords unless you have consent from the person to whom the information belongs.
• Self-harm: You may not offer goods or services, or post or upload Materials that promote self-harm.
• Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
• Terrorist organizations: You may not offer goods or services, or post or upload Materials that imply or promote support or funding of, or membership in, a terrorist organization.
• Service Bureau: You may not, directly or indirectly, use any of our Services for timesharing or service bureau purposes or otherwise for the benefit of a third party, other than as specifically authorized herein.

We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Service if you engage in activities that violate this Agreement.

SMS Notification, Chat, and Phone Number

You will be able to, and may be required to, add a company specific phone number feature for an additional monthly charge, at hephaestus' discretion, if your subscription includes access to the feature. You may be able to choose the area code in which the company specific phone number is located. In order to be able to receive or send SMS messages, you will be required to register your ten-digit phone number with our carrier via your HCP account (A2P Registration). Based on your configuration of the Services, job related notifications will be sent to your customers from the applicable above phone number when notifications are turned on. You agree that you are the sender of these communications, not hephaestus, and that you have obtained all necessary consents from the recipients of such text messages to receive such text messages. You also agree that hephaestus is not liable to you, your employees or independent contractors, or your potential or actual customers for any such communications. You further agree that you will indemnify, defend and hold harmless hephaestus from any claims that these communications violate any federal, state, or local law, rule or regulation. Client specific notification phone numbers may not be transferable. Your specific notification phone number will be held for ninety (90) days after you cancel your subscription.

Communications on Your Behalf

In the event you instruct or authorize hephaestus to communicate to third parties on your behalf (including your customers and prospects), whether via telephone calls, SMS messaging, emails or otherwise, you hereby represent and warrant that you and hephaestus are authorized to engage in such communications, that you shall be deemed to be the sender or originator of such communications, and that such communications shall comply with all applicable laws, rules and regulations, including but not limited to the Telephone Consumer Protection Act, the Telemarketing Sales Rule, CANSPAM, and Federal, State and internal Do-Not-Call lists, and any applicable privacy laws and regulations.

Booking Services

hephaestus offers the ability for consumers (“Consumers”) to book your services, interact with you during your services, view line items and work progression, and sign-off on your services, hephaestus booking website, and other third-party booking services (collectively “Booking Services” which are generally included in the definition of “Services” as used throughout this Agreement). hephaestus may provide you with the ability to display a link to your terms and conditions for your customers to agree to when using the Booking Services. hephaestus makes no representations or warranties with regard to the validity or binding nature of your customers' acceptance of your terms and conditions or specific contract terms when using the Booking Services.

Consumers of Booking Services have the ability to order and transact service work through a Booking Services provider. Consumers on those platforms have the right to access and use service work data for all services performed on properties they own within hephaestus service records. Consumers may be able to create an account with the Booking Services provider and are additionally subject to the terms and conditions of the Booking Services provider.

Products and Services

hephaestus offers all of its products, services and content on an “as-is” basis. This includes any products, services or content including but not limited to those relating to booking, scheduling, invoicing, job pricing, payroll processing, coaching, service plans and agreements, training, virtual assistant, websites, ratings, inventory, parts ordering, sales proposals, blog posts, and social media posts. We may change terms, including pricing, for any products or services, and discontinue any products or services, including Third-Party Services, upon prior notice to you.

You may from time to time be invited to participate in the alpha or beta testing of a new proposed product or service (“Beta Product”), which may be free, or for which there may be fees. Unless you enter into a separate beta agreement with regard to any such Beta Product, you acknowledge and agree that: (a) the Beta Product is not an official product and has not been commercially released for sale by hephaestus; (b) the Beta Product is provided “as is”, and may not operate properly or be fully functional; (c) the Beta Product may contain errors, design flaws or other problems; (d) use of the Beta Product may result in unexpected results, loss of data or communications, or other unpredictable damage or loss; and (e) hephaestus has the right to abandon development of the Beta Product at any time and without any obligation or liability to you. You are solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Beta Product.

We may offer or provide access to certain forms or templates as part of the Services (“Forms”). These Forms are provided for information purposes only, and do not constitute legal, tax, accounting or business advice. While such Forms may assist you in complying with applicable laws and regulations, it is solely your responsibility to ensure that your business complies with all applicable laws and regulations. hephaestus makes no representations about such Forms. You should consult with appropriate professionals before using any such Forms.

Additional Third-Party Offerings

Hephaestus may offer additional products, services and support (“Third-Party Services”) that are made available by hephaestus through third-party service providers (“Third-Party Providers”). hephaestus does not provide the Third-Party Services, and is not liable for your use or inability to use any of the Third-Party Services, or for the acts or omissions of any Third-Party Providers, and you agree to hold hephaestus harmless from the foregoing. Your rights and obligations with regard to Third-Party Services are as set forth in the terms and conditions or agreement between you and the applicable Third-Party Providers.

Hephaestus makes no representations or warranties regarding Third-Party Services and disclaims all liability arising from integration failures, outages, data inaccuracies, or service interruptions caused by such Third-Party Providers.

Interactions and Disputes With Consumers

WE DO NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR CLIENT. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. WE DO NOT WARRANTY A CLIENT'S PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY A CLIENT. WE DO NOT CONTRACT FOR OR PERFORM, AND ARE NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

CLIENTS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH CONSUMERS. CONSUMERS' RIGHTS UNDER CONTRACTS A CONSUMER ENTERS INTO WITH CLIENTS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS. SHOULD A CONSUMER HAVE A DISPUTE WITH ANY CLIENT, THE CONSUMER MUST ADDRESS SUCH DISPUTE WITH THE CLIENT DIRECTLY. WE ARE NOT A PARTY OR THIRD-PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND CLIENT. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND A CUSTOMER OF YOURS DOES NOT INVOLVE HEPHAESTUS. YOU EXPRESSLY AGREE THAT WE ARE ENTITLED TO BE REIMBURSED FROM ANY MONEY OWED TO YOU, OR IN YOUR ACCOUNT, IN THE EVENT WE ARE REQUIRED TO ADVANCE FUNDS ON YOUR BEHALF. YOU AGREE TO FULLY COOPERATE IN THE EVENT WE RECEIVE A COMPLAINT FROM A CONSUMER ABOUT YOU OR YOUR SERVICES.

Release

IN EXCHANGE FOR THE SERVICE PROVIDED BY US AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, USER EXPRESSLY AGREES TO RELEASE HEPHAESTUS, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE, EXCEPT THAT THIS RELEASE DOES NOT APPLY TO CLAIMS BY YOU DIRECTLY ARISING OUT OF HEPHAESTUS MATERIAL BREACH OF THIS AGREEMENT, OR TO THE EXTENT THE FOREGOING RELEASE IS PROHIBITED BY LAW.

No Representations or Warranties

WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS SERVICE FOR ANY PURPOSE. WE DO NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SERVICE, DOWNTIME OF THE SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SERVICE. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.

WE MAY FROM TIME TO TIME RECOMMEND, PROVIDE YOU WITH ACCESS TO, OR ENABLE THIRD-PARTY SOFTWARE APPLICATIONS, PRODUCTS, SERVICES, CONTENT OR WEBSITE LINKS INCLUDING THIRD-PARTY SERVICES (“ADDITIONAL SERVICES”) FOR YOUR CONSIDERATION OR USE. SUCH ADDITIONAL SERVICES ARE FOR YOUR CONVENIENCE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING SUCH ADDITIONAL SERVICES.

No Advice

WE MAY PROVIDE YOU WITH ACCESS TO CERTAIN CONTENT, MATERIALS, INFORMATION, COACHING, AND PARTNER AND THIRD-PARTY SERVICES, REGARDING OR RELATING TO YOUR BUSINESS, TAXES, ACCOUNTING, PAYROLL, HUMAN RESOURCES COMPLIANCE, RETIREMENT PLAN SERVICES, BUSINESS AND OTHER INSURANCE SERVICES OR LEGAL INFORMATION, BUT YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY OF OUR PARTNERS OR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDING ANY LEGAL OR ACCOUNTING ADVICE TO YOU, AND YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT ENTITLED TO RELY UPON ANY SUCH INFORMATION YOU RECEIVE FROM US OR OUR PARTNERS OR THIRD-PARTY SERVICE PROVIDERS. YOU AGREE THAT YOU WILL CONSULT APPLICABLE OUTSIDE PROFESSIONALS WITH REGARD TO ANY ACCOUNTING OR LEGAL ADVICE.

Limitations of Liability

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, AND ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, OR THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SERVICE, (2) THE CONDUCT OF A USER, CLIENT OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE. IN NO EVENT WILL HEPHAESTUS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY EXCEED THE SUM OF ALL FEES PAID BY YOU TO HEPHAESTUS IN THE PREVIOUS SIX (6) MONTHS. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

These limitations apply regardless of the theory of liability and even if any limited remedy fails of its essential purpose.

Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk, and that we have no liability to you or any third parties due to any unauthorized access to your hephaestus account.

Termination of Account

This Agreement will remain in full force and effect while you use the Service and if applicable, after termination of such use. Some provisions of this Agreement survive termination. Unless otherwise explicitly agreed to, you may terminate your account at any time, for any reason. To cancel an account, please send an email to service.hephaestus.work@gmail.com. If you terminate your account, your account will be disabled within 14 days, however, you shall not receive any refund of any fees, including but not limited to subscription fees, unless explicitly stated otherwise herein. We may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration. All decisions regarding the termination of accounts shall be made in our sole discretion. Upon termination of your account, Hephaestus shall have no obligation to retain any data following termination and may delete such data at its discretion without liability.

Jurisdiction and Choice of Law

This Agreement is governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule. If there is any legal suit, action, proceeding or other dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of Indiana, without regard to its conflict of law provisions. You further agree that any dispute shall be resolved in the state courts located in Knox County, Indiana and you agree to sole and exclusive jurisdiction in Knox County, Indiana.

YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. You are instead electing that all claims and disputes shall be resolved by litigation without a jury under this Agreement. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Indemnification

You agree to indemnify, defend and hold harmless hephaestus, its parents, subsidiaries, affiliates, officers, agents, partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney's fees, resulting from or arising out of (a) any of your acts or omissions, (b) any violation or breach by you of this Agreement, (c) claims from your employees, customers, or from any of your current or prior co-owners, partners or members, or franchisees or licensees, or (d) any claim that any of the Materials, or your use of the Service or any Third-Party Services, violates any law or regulation or any right of any third party, including any right of privacy, or infringes upon any intellectual property rights of any third party.

This indemnification obligation includes, without limitation, claims arising from User Data, communications sent via the Service (including SMS, email, and telemarketing), and violations of applicable laws including but not limited to the TCPA, CAN-SPAM Act, and data protection laws.

No Third-Party Beneficiaries

Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than hephaestus and the Client, any benefit, right or remedy.

Relationship of the Parties

hephaestus and Clients are separate and independent entities, and the employee of one of those entities is not an employee of the other entity. We are not an agent of the Client and vice versa. In no event will hephaestus be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Client or any of its affiliates or their respective personnel.

Entire Agreement

These Terms of Service constitute the entire agreement between you and hephaestus and supersede all oral and written negotiations, communications or representations of the parties, whether verbal or in writing, with respect to the subject matter hereof, except as may provided in a written agreement signed by you and an authorized officer of hephaestus. Except as otherwise set out in this Agreement, these Terms of Service may not be modified or amended other than by an agreement signed by hephaestus. No employee, agent, or other representative of hephaestus has any authority to bind hephaestus with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in these Terms of Service.

Miscellaneous

If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions. The failure by hephaestus to enforce any right or provision of this Agreement will not prevent hephaestus from enforcing such right or provision in the future. No delay, failure or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war; terrorism; pandemics; cyberattacks; supply chain disruptions; hurricanes, earthquakes and other acts of God or of nature, fire or flood; strike or labor unrest; degradation of telecommunications service; or other causes beyond the performing party's reasonable control. hephaestus may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, any other business combination or restructuring, or by operation of law. Users may not assign rights and obligations under this Agreement without hephaestus' prior written consent. You agree that hephaestus shall have the right to list you as a customer on Our Website, or in hephaestus marketing materials, including your company's name, logos and any trade names. Any and all dollar amounts in this Agreement refer to U.S. dollars.