WORKERBEE CUSTOMER TERMS & CONDITIONS

AGREEMENT TO OUR LEGAL TERMS

We are Workerbee, Inc, a Delaware corporation (“Workerbee,” “Company,” “we,” “us,” “our”).

We operate the website https://Workerbee.ai (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

We provide an AI-powered hiring platform featuring, among other things, TalentBee (“TalentBee”) and CareerBee (“CareerBee”), artificial intelligence agents (“AI Agents”) that assists with recruitment, profiling, candidate matching, and job description creation.

You can contact us by email at legal@workerbee.ai or by mail to 6671 S. Las Vegas Blvd., Building D, Suite 210, Las Vegas, NV 89119.

These Legal Terms, along with the Workerbee Legal Disclaimer and General Terms of Use  at https://myWorkerbee.com/terms-of-use/, constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Workerbee, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all these Legal Terms. 

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PURCHASES AND PAYMENT
  6. CANCELLATION AND REFUNDS
  7. PROHIBITED ACTIVITIES
  8. ANTI-CIRCUMVENTION AND PLATFORM EXCLUSIVITY
  9. AI SERVICES DISCLAIMER
  10. HIRING AND EMPLOYMENT DISCLAIMER
  11. USER GENERATED CONTENT
  12. PRIVACY POLICY
  13. TERM AND TERMINATION
  14. GOVERNING LAW
  15. DISPUTE RESOLUTION
  16. DISCLAIMERS
  17. LIMITATIONS OF LIABILITY
  18. INDEMNIFICATION
  19. MODIFICATION AND INTERRUPTIONS
  1. FORCE MAJEURE
  1. MISCELLANEOUS
  2. CONTACT US
  1. OUR SERVICES

The services provide access to TalentBee, a semi-autonomous AI-powered hiring assistant, and related tools designed to help with:

  • Role Composition: Converting hiring needs into clear job descriptions; and
  • Candidate Matching: Finding and recommending specialists based on profiles, experience, and qualifications.

Through the Candidate Matching services provided by TalentBee, you will have the opportunity to hire specialists for full-time or contract employment.

The Services do not include assistance with negotiations, terms, and hiring logistics or with onboarding of candidates hired by you.

The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your hiring practices would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate employment laws, anti-discrimination regulations, or other applicable legal requirements.

Important: The Services provide recommendations and assistance tools only. All final hiring decisions, employment offers, negotiations, and legal commitments and contracts remain your sole responsibility.

  1. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and Workerbee AI models (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services; and
  • Download or print portions of Content for your internal business purposes.

Except as set out in this section, no part of the Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: legal@workerbee.ai. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Data and Content

You retain ownership of all data you provide to the Services, including job descriptions, candidate information, and hiring criteria. By using the Services, you grant us a limited license to process this data solely to provide the Services to you.

  1. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete;
  • You have the legal authority on behalf of your organization to enter into these Legal Terms;
  • You will not use the Services for any illegal or unauthorized purpose;
  • Your use of the Services will comply with all applicable employment laws and regulations;
  • You have the authority to make hiring decisions on behalf of your organization (if applicable); and
  • You will not use the Services to discriminate against protected classes or violate employment laws.
  1. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your User Password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine it is inappropriate, obscene, or otherwise objectionable.

  1. FEES AND PAYMENT

Fees

There is no fee to access TalentBee; fees payable to Workerbee are calculated when a specialist accessed through TalentBee is hired by you. 

Pay As You Go

If you do not have a subscription plan, and you hire a specialist introduced to you through TalentBee, you agree to pay to Workerbee percentage of the hired specialist base salary (for permanent hires) or percentage of the specialist’s total compensation for the contract (contract hire).  Fees are invoiced upon the specialist’s written acceptance of a contract.

Subscription Based Services

Workerbee offers subscription-based access to TalentBee.  Your specific subscription terms, including service levels, pricing, billing instructions, contract duration, will be detailed in your executed Order Form, which becomes part of these Legal Terms.  Subscriptions shall auto-renew on the renewal date indicated on the Order Form, unless you provide us notice of non-renewal at least 60 days prior to the renewal date.

Notification and Information Sharing

You agree to notify Workerbee in writing within five (5) business days of extending and/or the specialists’ acceptance of an offer, whether a permanent or contract-based hire. Such notice should include, at a minimum: (i) the specialist’s full name (ii) start date (iii) agreed compensation or salary information. This information enables Workerbee to issue an accurate invoice and close the order with the system. Failure to provide such notice will not waive your obligation to pay applicable fees.

Payment Terms

We will send you an invoice for any fees that become due and payable.   Payment is due on a Net 30 basis. All payments shall be in US dollars unless otherwise specified in your Order Form, and Sales tax, VAT, and other applicable taxes will be added as required by law.   Workerbee accepts ACH, Wire and Credit Card payments.

Payment Authorization and Account Information

You agree to:

  • Provide current, complete, and accurate purchase and account information;
  • Maintain updated payment method information throughout your subscription period; and

Authorize us to charge your designated payment method on a recurring basis according to the billing frequency specified in your Order Form, without requiring prior approval for each charge, until you cancel the subscription.

Order Form Precedence

In the event of any conflict between the general terms in this section and the specific terms in your executed Order Form, the Order Form terms shall take precedence for payment and subscription matters.

  1. CANCELLATION AND REFUNDS

All purchases are non-refundable.

  1. PROHIBITED ACTIVITIES

You agree not to:

  • Use the Services to discriminate against candidates based on protected characteristics;
  • Violate any employment laws, anti-discrimination regulations, or privacy laws;
  • Post false, misleading, or defamatory job descriptions or company information;
  • Attempt to reverse engineer or extract the underlying algorithms of TalentBee;
  • Use automated systems to create fake accounts or spam the platform;
  • Share your account credentials with unauthorized users;
  • Use the Services to compete with us or develop competing products;
  • Harvest candidate data for purposes outside of legitimate hiring activities;
  • Violate any applicable data protection or privacy laws;
  • Circumvent the platform by directly or indirectly (on behalf of, for or in connection another business or person) contacting specialists to hire them outside of the Workerbee platform;
  • Use specialist contact information obtained through the Services to establish direct employment relationships without going through our platform; or
  • Encourage or facilitate specialists to bypass the platform for direct or indirect hiring arrangements
  1. ANTI-CIRCUMVENTION AND PLATFORM EXCLUSIVITY

Platform Exclusivity Requirement

By using the Services, you agree that all hiring activities involving specialists discovered, recommended, or contacted through the Workerbee platform must be conducted exclusively through our Services. This “Platform Exclusivity” requirement ensures fair compensation for our matching and recommendation services.

Prohibited Circumvention Activities

You specifically agree not to:

  • Direct Contact for Hiring: Contact any specialist outside the platform for the purpose of establishing employment, consulting, or service relationships that bypass Workerbee’s systems;
  • Information Harvesting: Extract, store, or use specialist contact information (email addresses, phone numbers, LinkedIn profiles, etc.) obtained through the Services for direct outreach or hiring;
  • Alternative Platform Usage: Encourage specialists to communicate or negotiate through alternative platforms, messaging systems, or direct channels;
  • Referral Bypass: Directly or indirectly refer specialists to third parties for hiring purposes at your company or at another company or business without conducting such arrangements through the Workerbee platform; and
  • Future Engagement: Establish any form of professional relationship with specialists for a period of 12 months after initial contact through our platform, unless conducted through Workerbee Services. In the case of you extending the hire of a temporary specialist, you agree to provide Workerbee with prior written notice of your extension.

Legitimate Platform Use

All interactions with specialists must occur through:

  • Workerbee’s messaging and communication systems;
  • Approved platform-based interview and assessment tools;
  • Our negotiation and offer management features; and
  • Platform-tracked hiring processes and documentation.

Enforcement and Remedies

Circumvention Fee: In the event of platform circumvention, you agree to pay a circumvention fee equal to:

  • 20% of the specialist’s total first-year compensation (salary, fees, or contract value), or
  • $5,000 USD minimum, whichever is greater.

Detection and Monitoring: We reserve the right to:

  • Monitor communications for circumvention attempts;
  • Request documentation of hiring processes;
  • Investigate suspicious activity or specialist reports; and/or
  • Suspend or terminate accounts for violations.

Legal Action: Circumvention violations may result in:

  • Immediate account termination;
  • Legal action to recover fees and damages;
  • Injunctive relief to prevent ongoing violations; and/or
  • Recovery of attorney fees, costs of collection and court costs.

Exceptions

The anti-circumvention provisions do not apply to:

  • Specialists you had pre-existing professional relationships with before using our platform;
  • Specialists you can demonstrate were contacted through completely independent channels; or
  • Emergency hiring situations where platform services are unavailable (with prior written notice).

Reporting Obligations

You must promptly notify us in writing if:

  • A specialist attempts to circumvent the platform;
  • You discover accidental circumvention has occurred; or
  • Third parties attempt to interfere with platform exclusivity.

Acknowledgment

By using the Services, you acknowledge that:

  • Platform exclusivity is essential to our business model.
  • Circumvention undermines the value provided by TalentBee and our matching services.
  • These restrictions are reasonable and necessary for platform sustainability.
  • You have alternative methods to find specialists outside our platform if you prefer not to agree to these terms.
  1. AI SERVICES SCOPE, LIMITATIONS AND WARRANTY DISCLAIMER

Scope of TalentBee Service

TalentBee is a semi-autonomous AI agent designed to assist with talent acquisition and hiring processes on the Workerbee platform. As a Level 3 partially autonomous system, TalentBee can analyze data, generate recommendations, and perform specified tasks within the hiring domain, but requires active human oversight and decision-making at all critical points.

AI Agent Limitations and User Responsibilities

Understanding Semi-Autonomous Operation: TalentBee operates with limited autonomy within predefined parameters. While it can process data and provide sophisticated analysis, it cannot and does not make any final independent hiring decisions. All outputs require human review and approval.

Key Limitations You Must Understand:

  • Accuracy Limitations: TalentBee may generate inaccurate, incomplete, or contextually inappropriate recommendations;
  • Bias Potential: AI systems can perpetuate biases present in training data or reflect limitations in algorithmic design;
  • Domain Boundaries: TalentBee operates within hiring-specific functions and cannot assess complex legal, cultural, or strategic business considerations; and
  • Data Dependency: Recommendations are only as reliable as the data provided and may not reflect real-time changes in candidate status or market conditions.

Required Human Oversight (Human-in-the-Loop) 

By using TalentBee, you agree to maintain active oversight including:

  • Independent Verification: You must verify all candidate information, recommendations, and generated content;
  • Critical Decision Review: All hiring decisions require your independent judgment and cannot be delegated to TalentBee;
  • Bias Monitoring: You must actively review recommendations for potential discriminatory patterns or outcomes; and
  • Legal Compliance: You remain solely responsible for ensuring all hiring practices comply with applicable employment laws and regulations.

User Acknowledgments and Responsibilities

BY USING TALENTBEE, YOU ACKNOWLEDGE AND AGREE THAT:

  • TalentBee functions as an assistive tool (an agentic AI program) requiring your participation and oversight;
  • You will not rely solely on AI-generated recommendations for hiring decisions but will apply independent judgment to all hiring decisions;
  • You will implement appropriate safeguards to prevent discriminatory hiring practices;
  • You understand that semi-autonomous AI systems can produce unexpected or erroneous results; and
  • All data inputs, selections, and interpretations of TalentBee outputs are your responsibility.

Service Accuracy and Performance

Information provided through TalentBee may contain errors, inaccuracies, or omissions in candidate profiles, market data, or recommendations. Workerbee reserves the right to correct any errors or update information without prior notice.

Disclaimer of Warranties

WORKERBEE MAKES NO WARRANTIES regarding the accuracy, reliability, completeness, or performance of TalentBee’s AI-generated recommendations, analysis, or suggestions. Your use of TalentBee and reliance on its outputs is entirely at your own risk and discretion. This semi-autonomous system is provided “AS IS” without warranty of any kind, express or implied.

  1. HIRING AND EMPLOYMENT DISCLAIMER

The Services are hiring assistance tools only. We do not:

  • Make employment offers on your behalf;
  • Enter into employment contracts or agreements;
  • Provide negotiation assistance or hiring logistics support;
  • Provide onboarding assistance for hired candidates;
  • Guarantee the quality, qualifications, or suitability of any candidates;
  • Conduct background checks, verification, or due diligence (unless explicitly stated);
  • Assume any liability for hiring decisions or employment outcomes; and
  • Serve as an employment agency or recruiter.

You are solely responsible for:

  • All final hiring decisions and employment offers;
  • Compliance with employment laws and regulations;
  • Verification of candidate qualifications and background;
  • Employment contract terms and conditions;
  • Workplace safety and legal compliance; and
  • Any employment-related disputes or claims.
  1. USER GENERATED CONTENT

When you submit job descriptions, candidate information, or other content to the Services, you represent that:

  • You have the right to share such information;
  • The content does not violate any third-party rights
  • Job postings comply with applicable employment laws
  • You will not post discriminatory, false, or misleading information
  • You have obtained any necessary consents for sharing such data

We may review and remove content that violates these terms or applicable laws.

  1. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at https://myworkerbee.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Data Processing: We process personal data in accordance with applicable data protection laws. When handling candidate information, you act as a data controller and must ensure compliance with relevant privacy regulations. We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Hosting Services: Services are hosted in the United States and in Canada. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States or Canada, then through your continued use of the Services, you are transferring your data to the United States and/or Canada, and you expressly consent to have your data transferred to and processed in the United States and/or Canada

  1. TERM AND TERMINATION

We may terminate your access to the Services at any time, with or without cause, including for violations of these Legal Terms or applicable laws. Upon termination: (1) Your access to the Services will cease immediately; (2) We will delete your account and associated data after 1 years’ time; (4) Outstanding fees remain due and payable; and (5) all anti-circumvention obligations set forth in Section 8 above will continue for the full 12-month period regardless of account termination.

  1. GOVERNIG LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Nevada applicable to agreements made and to be entirely performed within the State of Nevada, without regard to its conflict of law principles.

  1. DISPUTE RESOLUTION

Informal Negotiations

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

 

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.

 

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

 

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the  American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons, unless otherwise mutually agreed to prior to the conclusion of the arbitration proceeding by the parties.

 

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Nevada. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Nevada, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

 

In no event shall any Dispute brought by either Party related in any way to the Services, whether by action or proceeding, be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any

other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other individual persons or entities.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  1. DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

 

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING, WITHOUT LIMITATIONS, WHETHER CANDIDATE INFORMATION WILL BE COMPLETE OR ACCURATE;

 

  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES;
  • UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

 

  • INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;

 

  • BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR

 

  • ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

We make no guarantees about hiring outcomes, candidate quality, or employment success.

  1. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $10,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

The above limitations do not apply to our right to collect circumvention fees or pursue legal remedies for platform circumvention.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

 

(1) your Contributions;

(2) use of the Services;

(3) breach of these Legal Terms;

(4) any breach of your representations and warranties set forth in these Legal Terms;

(5) your violation of the rights of a third party, including but not limited to intellectual property rights;

(6) any overt harmful act toward any other user of the Services with whom you connected via the Services;

(7) Misuse of candidate data or privacy or employment or employment discrimination or harassment related violations;

(8) Any employment related disputes or litigation or arbitration proceeding; or

(9) Platform circumvention activities or attempts prohibited under Section 8 above.

 

Notwithstanding the foregoing, 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 you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

  1. MODIFICATION AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.

 

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

  1. FORCE MAJEURE

Force Majeure Events

Neither party shall be liable for any failure or delay in performance under these Legal Terms that is due to circumstances beyond their reasonable control, including but not limited to natural events such as acts of God, earthquakes, floods, hurricanes, storms, other natural disasters, pandemics, epidemics, public health emergencies, or extreme weather conditions that materially impact operations. Force majeure events also include human-caused events such as war, terrorism, civil unrest, riots, armed conflicts, government actions, laws, regulations, court orders that prevent performance, labor strikes, lockouts, labor disputes affecting the non-striking party, cyberattacks, data breaches, or malicious interference by third parties. Additionally, infrastructure and technology events qualify as force majeure, including internet service provider failures, widespread network outages, major cloud service provider outages affecting our core infrastructure, power grid failures affecting data centers or operations, and telecommunications system failures preventing service delivery. Supply chain and vendor events such as critical third-party service provider failures, essential software or hardware vendor disruptions, and payment processor or banking system failures are also considered force majeure events. Force majeure does not apply to events that were reasonably foreseeable at the time of contract formation, caused by a party’s negligence or willful misconduct, or within a party’s control or influence.

Notice Requirements

The affected party must provide written notice to the other party within five business days of becoming aware of the force majeure event. This notice must include a description of the event and its impact on performance, the expected duration of the impact, steps being taken to mitigate the effects, and an estimated timeline for resumption of normal operations. The affected party must also provide status updates every 10 days during the continuation of the force majeure event to keep the other party informed of the ongoing situation and recovery efforts.

Termination Rights

Either party may temporarily suspend performance obligations during force majeure events without penalty. If a force majeure event continues for more than 30 consecutive days, either party may terminate the agreement with 7 days’ written notice and both parties are released from further obligations without penalty. For force majeure events that fundamentally alter the nature of the services or make continued performance impossible, either party may terminate immediately with written notice.

Mitigation Obligations

Both parties agree to use commercially reasonable efforts to minimize the impact of force majeure events, implement available workarounds or alternative solutions, resume normal performance as soon as reasonably possible, and cooperate in good faith to address the effects of the event.

  1. MISCELLANEOUS

These Legal Terms, along with the Workerbee Legal Disclaimer and General Terms of Use  at https://myWorkerbee.com/terms-of-use/ and any policies or operating rules posted by us on the Services or in respect to the Services, constitute the entire agreement between you and us regarding the Services. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. You may not assign your rights without prior our written consent, which shall not be unreasonable withheld. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

  1. CONTACT US

For questions about these Legal Terms or the Services, contact us at:

Workerbee  Inc.
6671 S. Las Vegas Blvd., Building D, Suite 210, Las Vegas, NV 89119
Email: legal@workerbee.ai

By using the Workerbee Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.