Terms of Use - DRAFT

Acceptance of Terms

By using this Website, you affirm that you are of legal age to enter into these Terms and agree to comply with all applicable laws and regulations. These Terms constitute a legally binding agreement between you and Workforce Wellness Inc.

License Grant and Scope of Service

Subject to Customer’s compliance with this Agreement and payment of applicable fees, Workforce Wellness grants Customer a limited, non-exclusive, non-transferable, and revocable license to access and use the Orchestration Platform, Voice Agents, and Workflow Agents (collectively, the “Services”) solely for internal business purposes.

Delegation of Authority and Autonomous Action

Customer acknowledges that the AI Agents operate autonomously using probabilistic machine learning models to make decisions and take actions without continuous human oversight.

Delegation

By enabling, configuring, or authorizing AI Agents to take real-time actions (e.g., executing workflow updates, sending communications, placing calls), Customer explicitly delegates its authority to the AI Agent to act as its authorized representative and proxy.

Policy Guardrails

Customer is solely responsible for defining the “policy guardrails” and specific thresholds that dictate when an AI Agent must stop autonomous operation and escalate to human-in-the-loop (HITL) approval.

AI Output Disclaimer and Assumption of Risk

Customer acknowledges that AI systems are based on probabilistic models and may generate outputs that are unpredictable, inaccurate, or inappropriate (commonly known as “hallucinations”).

No Warranty on Outputs

Generated outputs and executed actions are provided “AS IS”. Workforce Wellness makes no representations, promises, or guarantees regarding the accuracy, reliability, business results (ROI), or compliance of the AI-generated outputs.

Customer Responsibility

Customer is solely responsible for validating all outputs, testing generated workflows, and monitoring AI Agent activities for accuracy and appropriateness. Customer assumes all risks associated with relying on or deploying the AI Agents for its business operations.

Voice Agent and Telecommunications Compliance

If Customer utilizes Voice Agents, Customer represents and warrants that it will use the Voice Agents in strict compliance with all applicable local, state, provincial, and national telecommunications and privacy laws.

Customer is solely responsible for obtaining explicit, legally valid consent (and maintaining records of such consent) from end-users prior to the Voice Agents initiating any outbound calls or messages.

Customer will not use the Voice Agents for illegal robocalling, spam, or in violation of the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, the Canadian Anti-Spam Legislation (CASL), or equivalent Do-Not-Call registry regulations.

Customer is solely responsible for providing clear opt-out mechanisms and updating its contact lists to strictly adhere to any opt-out or Do-Not-Call requests.

Third-Party Platforms and Workflow Integrations

The Workflow Agents may interact with, automate actions on, or extract data from third-party Software-as-a-Service (SaaS) platforms (e.g., CRMs, support ticketing systems) via API integrations.

Compliance with Third-Party Terms

Customer is solely responsible for ensuring its use of Workflow Agents complies with the Terms of Service and API acceptable use policies of any connected third-party platform.

No Liability for Account Restrictions

Workforce Wellness is not liable for any third-party account suspensions, API rate-limiting, data loss, or business harm resulting from third-party platform enforcement actions against the use of automation tools or AI agents.

Intellectual Property and Data Rights

Customer Data & Outputs: Customer retains all right, title, and interest in and to the data it inputs into the Services. Customer exclusively owns all generated outputs, workflow rules, and communications produced by the AI Agents on its behalf.

Workforce Wellness IP: Workforce Wellness retains exclusive ownership of the Orchestration Platform, the AI Agents, underlying foundational models, and all proprietary autonomous reasoning methodologies.

AI Training Restriction: Workforce Wellness will not use Customer Data or Customer’s specific generated outputs to train its foundational machine learning models without Customer’s explicit written consent. Workforce Wellness may use anonymized and aggregated usage telemetry to improve platform performance.

Limitation of Liability and Indemnification

Indemnification: Customer agrees to defend, indemnify, and hold harmless Workforce Wellness against any third-party claims, regulatory enforcement actions, or damages arising from: (a) the actions, communications, or outputs generated by the AI Agents under the Customer’s delegated authority; (b) violations of telecommunications or anti-spam laws; and (c) Customer’s violation of third-party platform terms.

Limitation of Liability: To the maximum extent permitted by law, Workforce Wellness shall not be liable for any indirect, consequential, special, or incidental damages, including lost profits, reputational harm, or system downtime resulting from the autonomous actions of the AI Agents.

Contact Information

If you have any questions about these Terms of Use, please contact us at:

Workforce Wellness Inc.
2900 – 550 Burrard Street,
Vancouver, BC
V6C 0A3
Email: info@workforcewellness.com