Terms of Use

These Terms of Use ("TOUs") apply to WorkScapeAnalytics.com (the "Service"), a software-as-a-service ("SaaS") offered by WORKSCAPE ANALYTICS LLC, a Louisiana limited liability company (the "Company," or "we," or "us"). By using the Service, any customer, user, or subscriber of the Service (the "User," or "you," or "your") hereby agrees and is subject to these TOUs, regardless of other or additional terms or conditions that may conflict or contradict these TOUs in any purchase order, document or other communication. Preprinted terms and conditions on any other documents and/or the Company's failure to object to conflicting or additional terms will not change or add to these TOUs.

The Company operates a web-based application that is provided as a paid SaaS to which a User can subscribe. More specifically, the Service allows subscribed Users to create comprehensive job breakdown reports using current data from the United States Bureau of Labor's Occupational Requirements Survey ("ORS") and Occupational Employment and Wage Survey ("OEWS").

Subscription of Service

Once you create an account and subscribe to our Service, you will be able to analyze a variety of job breakdown data provided by the US Department of Labor and create reports for your own limited commercial uses, subject to the limitations against competition as further detailed herein. You may store and keep the reports provided by the Service indefinitely. However, when your subscription terminates, you will no longer be able to use some aspects of the Service, including but not limited to the WorkScape Analyzer, and other components. The Company may determine at its sole discretion whether to allow access to some of the Service features after a subscription terminates.

You acknowledge and agree that each subscription only entitles one User to access and use the Service. If multiple sessions are detected with the same login, we may terminate any or all of the sessions at our sole discretion, causing you to lose data or work in progress. If we determine at our sole discretion that multiple users are accessing or using the Service via one subscription account, we reserve the right to terminate that subscription without notice. In such cases, no refunds shall be issued.

Dependencies and Limitations

Our Service depends upon proper operation of all of the following:

1. Your network and Internet connections and a compatible web browser that properly works with the Service. The Company has no control over your Internet connection, Internet service provider, computer and mobile devices, or the web browser you are using.
2. Full and accurate provision of latest ORS and OEWS data from the US Bureau of Labor. Although we do not anticipate any restriction of such data from the US Bureau of Labor, we need to state that our reports are entirely based on the data sets provided by the US Bureau of Labor, which is completely out of the control of the Company.

Full functionality of the Service requires expected and proper functioning of all the the above involved parts and systems, which are outside the Company’s control. Disruption of any of these components may lead to a degraded experience. Furthermore, the uptime of the cloud hosting provider(s) such as SquareSpace, Azure, AWS, Google, or any other cloud provider we choose to use, may affect the proper functioning of WorkScapeAnalytics.com. Due to the complexity and number of systems required for our Service to work properly, occasional unexpected outages, both complete and full, may occur.

You acknowledge and agree that the Service may not operate as intended due to a failure of the proper operation of any of the dependencies listed herein, and as such, the Company is not liable for any damages of any kind whatsoever that may occur as a result of such failures. Such failures include but are not limited to the accuracy of the data, mistakes in calculations, mistakes in the reports provided, corruption of data, and any issues arising from or related to Internet connectivity.

At this time, our Service is hosted on a major cloud web hosting platform. As such, outages of that platform, or any future platform that the Company may use at its sole discretion with or without notice to you, may impact the availability of our Service. You acknowledge and agree that outages of a cloud service on which our Service is hosted are out of our control, and as such, the Company is not liable for any damages of any kind whatsoever caused by any such outage.

In addition, software bugs may prevent or delay proper operation and may result in inaccurate information or inconsistent operation. You acknowledge and agree that software bugs may be present or may develop in any of the Company’s software or in any of the dependencies listed herein, and as such, the Company is not liable for any damages of any kind whatsoever that may occur as a result of such software bugs.

Service Disclosures and Possible Interruptions

By using the Service, you acknowledge and agree to the following:

The Service is a subscription-based cloud service. The primary data source used by the Service is data provided by the US Bureau of Labor. In the future, the Company may offer other datasets in conjunction with the currently offered Service. The Company reserves the right, at its sole discretion, with no prior notice to you, to add service offerings, and the right to make changes to these TOUs. Your continued use of the Service and any added services by the Company shall be considered consent to any updates or modifications to these TOUs.

As stated herein, the Service is cloud-based and therefore dependent on multiple third parties for the storage and hosting of data and application online. Furthermore, if your Internet connection or provider is offline, you will be unable to access the Service in the cloud. If the Service provides notifications, some notifications from the Service may not always be generated or delivered because of technical issues anywhere in the chain, including spam filtering, outages of any involved components, or software issues.

In some cases, security keys or requirements may have to be changed without notice resulting in a failure of devices to be able to sync with the cloud until you are able to update your device’s configuration. Actions triggered through the Service from the cloud may not be able to be executed in a timely fashion and may be rejected or timed out if too much time has passed. Features are subject to change without notice.

Support

Sales and support are available by phone at (504) 474-9300, available from 9:00AM to 5:00PM Central Time. The Company provides sales, support, and contact via email and via a chat support option, which can include Facebook messenger, Slack, or the Company's website, and which is subject to change at the Company's sole discretion. We strive to have a response to you within twelve (12) hours, if not sooner.

Refund Policy

Our Service is billed monthly or annually, paid in advance at the start of your subscription. All refunds must be requested within three (3) hours of the start of your Service subscription. You can cancel your subscription at any time for any reason. If you wish to cancel your subscription to the Service, you must notify us prior to the next recurring charge. Once a recurring charge occurs, whether it is a monthly or an annual charge, there will be no refunds.

Due to the complexity of the systems as described herein, an outage may be a result of a number of factors out of our control. If a complete outage of the Service occurs as a result of a system component within our control, we may offer an extension of your subscription period to cover the outage period. You hereby acknowledge and agree that any such extension shall be at the sole discretion of the Company.

Termination

The Company reserves the right to cancel or discontinue the Service or any individual's subscription for any reason at any time without refunds. Note, we reserve the right to discontinue service to anyone for any reason, and you acknowledge and agree that the Company has no obligation to provide any refunds, either prorated or otherwise, upon termination.

Prohibited Actions

You acknowledge and agree that the Service requires significant effort to develop and maintain, and as such provides you significant value. You further acknowledge and agree that any of the data, algorithms, reports, analysis, business logic, web pages, content, logos, branding, and any other information associated with the service are the copyrights, trademarks, trade secrets, patents, or other relevant intellectual property of the Company. As of the Effective Date, the Company has filed various trademarks and copyrights and as such reserves all rights.

As a condition of and in consideration for using the Service, you agree not to recreate the data, reports, analysis, or any other information you receive from interacting with and using the Service. You agree not to use the output, data, or reports to create your own service that provides any kind of job breakdown reports or any other similar or competing service to that of the Company.

You acknowledge and agree that if the Company determines at its sole discretion that you are using the Service to create a competing service, we can

1. Terminate your subscription without notice;
2. Seek an injunction against you in any jurisdiction in which you may be in violation of these TOUs;
3. In any such legal action for an injunction, you agree that by competing with the Company in violation of these TOUs, you are causing the Company irreparable and immediate harm, and that the Company is entitled to seek an injunction; and
4. The Company may recover attorney’s fees and any costs in an action for injunctive relief against you.

Collected Data

The Service requires and stores the following information (the "Collected Data") from any User:

1. First and last name;
2. Email address;
3. Company name;
4. Credit card information for recurring subscription charges:
5. Billing address for the credit card charges;
6. Username, which should be the same as the User's email address; and
7. A password, which is encrypted and as such, the Company does not have access to it.

Users will sign up for a subscription by creating an account with the Service and providing such data, which will be securely stored within the Service. Users will be billed on either a monthly or annual basis by the Service. At the present time, the Company is exploring the use of a major web hosting service and its card reader and recurring billing process. The Company may, at its sole discretion, switch to a different web host and/or a different billing system. You acknowledge and agree that a security breach that occurs at the Service’s web hosting company or the associated billing systems through no fault of the Company does not create any liability for the Company. In the event of any such breach, we will do everything in our power to help secure or protect your data. However, you acknowledge and agree that security breaches could and do occur through no fault of the Company. The Company is not liable to you for any damages, harm, or data breaches that occur as a result of you using a password that is easy to crack. We strongly recommend that you use a password manager that creates and uses passwords that are very difficult to hack.

PRIVACY

The Company will not sell any Collected Data. From time to time, we may use the Collected Data to send some marketing emails regarding future releases, beta programs, or usability studies. Note, we may sell non-identifying aggregate data, such as how many customers we have in each state or even zip code, or how our customers are using the Service. We will also attempt to minimize sensitive data in our system in order to protect you from the impact of a data breach. All information in the system has intended purposes (such as for example mobile numbers or email addresses are intended for account recovery). The Company is based in Louisiana, and as such, we are compliant with Louisiana privacy laws.

LIMITATION OF LIABILITY

THE COMPANY IS NOT LIABLE FOR AND CUSTOMER IS NOT ENTITLED TO ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; FOR EXAMPLE, LOSS OF PROFITS OR REVENUE, LOSS OF DATA. LOSS OF USE, REWORK, MANUFACTURING EXPENSE, INJURY TO REPUTATION, OR LOSS OF CUSTOMERS. CUSTOMER’S RECOVERY FROM THE COMPANY FOR ANY DIRECT DAMAGES WILL NOT EXCEED THE PRICE OF THE SERVICE AT ISSUE. CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS FROM ANY CLAIMS BASED ON; (I) THE COMPANY’S COMPLIANCE WITH CUSTOMER’S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, (II) MODIFICATION OF THE SERVICE BY ANYONE OTHER THAN THE COMPANY OR (III) USE IN COMBINATION WITH OTHER PRODUCTS AND SERVICES.

Forces Beyond the Company's Control

You acknowledge and agree that it is your responsibility to routinely inspect all the Service dependencies as described herein, for proper function. The Company is not liable for failure to fulfill its Service obligations due to causes beyond its reasonable control, (for example: acts of God, acts or omissions of the User, man-made or natural disasters, epidemic, pandemic, or medical crises, materials shortages, strikes, acts of terrorism, delays in transportation, or inability to obtain labor or materials through its regular sources). In addition, the Company is not liable for damages or failure of its Service as a result of various inclement weather, exposure to outdoor elements, pests, and beasts.

The Service is not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or catastrophic property damage. If you use or sell the Service information, data, or reports in any such applications, you acknowledge and agree that such use or sale is at your sole risk and is a violation of these TOUs. You hereby indemnify, defend and hold the Company and the Service harmless from and against any and all liabilities and costs arising out of or in connection with such use or sale.

Service Information

The information provided by the Service, including any reports generated, and uses or conformance with legal or other requirements, are obtained by the Company from the latest set of data provided and maintained by the US Department or Labor. Such information is provided by the Company on an “AS IS” basis. The Company makes no representation as to the accuracy or completeness of the Service information, and disclaims all representations, warranties and liabilities under any theory with respect to the Service information, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company recommends each User validate any Service information before using or acting on such information. All Service information is subject to change without notice. The Company is not responsible for typographical or other errors or omissions in Service information.

General

1. No provision in these TOUs shall supersede, reverse, or contradict any other Terms of Use, Terms and Conditions, or contracts and agreements that may be published by the Company and applicable to the Company's other products and services.
2. The laws of the State of Louisiana will exclusively govern any dispute between the Company and the User. Any disputes shall be resolved in the courts of Jefferson Parish, Louisiana.
3. The User may not assign this Agreement without the prior written consent of the Company.
4. These TOUs may be modified by the Company at its sole discretion. Continued use of the Service by the User shall be acceptance of any modified terms.
5. Statements or advice (technical or otherwise) if given, are an accommodation to the User and the Company has no responsibility or liability for the content or use of such statements or advice.
6. The Company's failure to object to any document, communication, or act of the User will not be deemed a waiver of any of these terms and conditions.
7. The unenforceability of any of these terms or conditions will not affect the remainder of the terms or conditions.
8. The Service, including hardware, software, or other intellectual property (including any open-source IP rights), are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.
9. The User and the Company will comply with applicable laws and regulations.

Acceptance

The User's continued use of the Service and any other products or services provided by the Company shall be deemed acceptance of these Terms of Use, including any updates to such terms, which may be made from time to time by the Company at its sole discretion. The User has the sole responsibility to read these Terms of Use, which shall be posted and maintained by the Company on its website(s).