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Lifted Work Terms of Service

Last updated: May 21, 2025

Welcome to Lifted Work, Inc. (“Company,” “Lifted Work,” “we,” “us,” or “our”). These Terms of Service (“Terms“) form a binding agreement between Lifted Work and the entity or individual (“Customer,” “you,” or “your“) that creates an account or otherwise uses our web application, mobile application, APIs, or related services (collectively, the “Service“). By accessing or using the Service you agree to be bound by these Terms and by our Privacy Policy and Data Processing Addendum (together, the “Agreements“).

If you do not agree to all of the Agreements, you may not use the Service.

1   Definitions

Term Meaning
Agency A business entity that registers for the Service in order to manage work on behalf of third‑party Clients.
Client Any end‑customer of an Agency whose data, assets, or workflows are uploaded to, or processed by, the Service.
Authorized User An individual natural person—such as an Agency employee, contractor, or Client contact—provisioned with a login under the Agency’s account.
Customer Data All data, content, files, and Personal Data submitted to the Service by Customer or its Authorized Users.
Personal Data Customer Data that identifies, relates to, or could reasonably be linked to an individual, as defined under applicable privacy law.
AI Features Any functionality that generates or transforms text, images, audio, or code using machine‑learning models operated by Lifted Work or its Sub‑processors.

2   Eligibility & Account Registration

  1. You must be at least 18 years old, or the legal age of majority in your jurisdiction, to create an account.
  2. Agencies are responsible for the acts and omissions of all Authorized Users, including compliance with these Terms and applicable law.
  3. You agree to provide—and keep—current, complete, and accurate information.
  4. You must maintain the confidentiality of all credentials and immediately notify us of any unauthorized use or security incident.

3   Communications & SMS Consent

By creating an account, you consent to receive Service‑related communications (e‑mails, in‑app, and optional SMS) in accordance with our Privacy Policy. Marketing e‑mails require your express opt‑in and include an unsubscribe mechanism. SMS messages (if enabled) require separate written consent and support standard STOP/HELP commands to comply with the Telephone Consumer Protection Act.

4   Subscriptions, Fees & Taxes

  1. Plans & Unit Pricing. Service is offered on tiered subscription plans described on our public Pricing Page. Fees are calculated per‑Client and/or per‑Member according to the active plan and any add‑ons displayed at checkout.
  2. Billing Cycle. Unless stated otherwise, fees are billed in advance on a monthly or annual cycle.
  3. Upgrades & Overages. If usage exceeds plan limits, we may (a) bill overages at the then‑current rates or (b) prompt you to upgrade. Upgrades take effect immediately and are prorated; downgrades apply at the next renewal.
  4. Taxes. Prices are exclusive of any applicable sales, VAT, GST, or similar taxes. You are responsible for remitting taxes unless we are legally required to collect them.
  5. Payment Failure. If automatic payment fails, we will notify you; access may be suspended if payment is not received within 14 days.
  6. Refund Policy. Except where required by law, fees are non‑refundable. Where a statutory cooling‑off right exists, refunds will be prorated.
  7. Promotions & Pricing Errors. Temporary discounts and promotions (including Free‑Trial pricing) apply only for the period stated. We may correct typographical pricing errors and revoke discounts applied in error without further liability.

5   Free Trials & Beta Features

  1. Free Trials. We currently offer a 14‑day free trial for new accounts. Trials convert automatically to the selected paid plan at the end of the trial unless cancelled via the billing portal before expiry.
  2. Beta Features. Beta Features are provided as‑is, without SLA, may change at any time, and may be subject to supplemental terms.

6   Customer Content & License

  1. Ownership. Customer retains all right, title, and interest in Customer Data.
  2. License to Operate the Service. Customer grants Lifted Work a worldwide, non‑exclusive license to host, process, transmit, and display Customer Data solely to provide and improve the Service, including security, compliance, and product development.
  3. Machine‑Learning Use. Subject to Section 10 and the DPA, Customer grants a license to use non‑Personal Data for aggregated and anonymized machine‑learning model training unless Customer opts out via the admin console. Personal Data is never used for model training without explicit, informed consent.
  4. Sharing Controls. By default Customer Data is private within the Agency account. Agencies may invite Clients or third parties and configure sharing settings.
  5. Responsibility. Customer represents that it has all necessary rights to submit the Customer Data and that doing so will not violate any law or third‑party right.
  6. Client Consent. Customer is responsible for obtaining all necessary consents from Clients whose data is uploaded to or processed by the Service, in compliance with applicable data protection laws, including but not limited to GDPR and CCPA.

7   Data Processing, Security & Privacy

  1. DPA. The Data Processing Addendum is incorporated by reference and governs our processing of Personal Data as a “processor/service provider.”
  2. Sub‑processors. Current Sub‑processors—including AWS, Neon (database hosting), Fly.io (edge platform & log storage), Sentry (error monitoring), OpenAI, LLC (AI provider), Google Analytics, and Meta/Facebook Pixel—are listed at /subprocessors. Customer Data is processed in the United States and any other regions where these Sub‑processors operate; where required, cross‑border transfers are governed by the EU Standard Contractual Clauses (SCCs). We will provide 30‑days advance notice of new Sub‑processors and allow Customer to object or terminate for convenience.
  3. Security. We maintain administrative, technical, and physical safeguards designed to meet SOC 2 Type II criteria and are actively pursuing third‑party attestation.
  4. Breach Notification. We will notify Customer without undue delay, and in any event within 72 hours, after becoming aware of a Personal‑Data Breach affecting Customer Data.
  5. Retention & Deletion. Upon termination or expiration Customer may export its data. After 30 days we will permanently delete active‑database data and within 90 days delete backups (unless legal retention obligations apply). Security and audit logs—including Fly.io edge logs and Sentry error traces—may be retained for up to 365 days for security, fraud‑detection, and compliance purposes before deletion.
  6. Data Portability. Upon termination or expiration Customer may export its data. After 30 days we will permanently delete active‑database data and within 90 days delete backups (unless legal retention obligations apply). Security and audit logs—including Fly.io edge logs and Sentry error traces—may be retained for up to 365 days for security, fraud‑detection, and compliance purposes before deletion.
  7. Regulatory Compliance. Lifted Work is designed to comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) for EU users and the California Consumer Privacy Act (CCPA) for California residents, as detailed in our Privacy Policy and Data Processing Addendum.

8   AI Features & Disclaimers

  1. Probabilistic Outputs. AI Features may generate inaccurate or offensive content. Customer is responsible for reviewing and validating all outputs before relying on them.
  2. No Professional Advice. Outputs are provided for informational purposes only and do not constitute legal, financial, or professional advice.
  3. No Results Guarantee. Lifted Work makes no representation that the Service will increase revenue, margins, or productivity or deliver any particular business outcome.
  4. Usage Limits. We may rate‑limit or throttle AI Features to ensure platform stability.
  5. Feedback Loop. Customer may provide feedback on AI outputs; we may use such feedback to improve model performance.

9   Prohibited Uses

Customer and Authorized Users shall not:

  • Violate any applicable law (including export‑control, privacy, and spam laws) using the Service.
  • Upload infringing, defamatory, or harmful content; exploit minors; or engage in harassing behavior.
  • Bypass technical restrictions, probe or scan systems without authorization, introduce malware, or attempt to gain unauthorized access.
  • Use automated means (scrapers, bots) except as expressly permitted by an API agreement.
  • Customer will not upload Protected Health Information (as defined by HIPAA) or other regulated sensitive data without a separate written agreement.

We reserve the right to investigate and suspend or terminate accounts for prohibited conduct and to cooperate with law‑enforcement authorities.

10   Third‑Party Services & Links

The Service may interoperate with third‑party services (e.g., Google Drive, Stripe). Use of any third‑party service is governed solely by that provider’s terms. Lifted Work is not responsible for third‑party services and disclaims all liability arising from their use.

11   Confidentiality

“Confidential Information” means non‑public information disclosed by either party that is marked or reasonably should be understood as confidential. Each party will: (a) use Confidential Information only to perform under these Terms; (b) protect it using at least reasonable care; and (c) not disclose it to third parties except to employees and Sub‑processors who need to know and are bound by confidentiality.

12   Indemnification

Customer shall defend, indemnify, and hold harmless Lifted Work and its officers, directors, and employees from any third‑party claim, damage, or expense (including reasonable attorneys’ fees) arising out of: (a) Customer Data; (b) Customer’s or Authorized Users’ misuse of the Service or violation of law (including failure to obtain required consents from Clients); or (c) any breach of these Terms. Lifted Work will promptly notify Customer of the claim and reasonably cooperate in the defence.

13   Disclaimer of Warranties

THE SERVICE, AI FEATURES, AND BETA FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY STATED, LIFTED WORK MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE, OR THAT SCHEDULED MAINTENANCE, FORCE‑MAJEURE EVENTS, OR THIRD‑PARTY OUTAGES WILL BE COUNTED AS DOWNTIME.

14   Limitation of Liability

  1. Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIFTED WORK’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (i) AMOUNTS PAID BY CUSTOMER TO LIFTED WORK FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (ii) US $5,000.
  2. Exclusion of Damages. IN NO EVENT SHALL LIFTED WORK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL.
  3. Claim Limitation Period. Any claim arising out of these Terms must be filed within one (1) year after the cause of action accrues, or it is permanently barred.

15   Termination & Suspension

  1. These Terms remain in effect until terminated. Customer may terminate at any time via the billing portal; prepaid fees are non‑refundable except as required by law.
  2. We may suspend or terminate the Service (a) for material breach after 7 days’ notice if the breach is uncured; (b) immediately for gross misconduct, non‑payment, or if Customer’s use poses an imminent and material security or legal risk.
  3. Sections that by their nature should survive termination (including 6–8, 11–14, 16–22) will survive.

16   Governing Law; Arbitration; Class‑Action Waiver

  1. Law. These Terms are governed by the laws of the State of Florida, USA, without regard to conflict‑of‑laws rules.
  2. Binding Arbitration. Any dispute arising out of or relating to these Terms will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in English in Sarasota County, Florida.
  3. Class‑Action Waiver. Disputes must be brought only in an individual capacity; the parties waive any right to participate in a class or collective action.
  4. Opt‑Out. You may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting these Terms.

17   Force Majeure

Neither party shall be liable for failure or delay in performance caused by events beyond its reasonable control, including Internet outages, denial‑of‑service attacks, power failures, governmental action, or natural disasters.

18   Assignment

Lifted Work may assign these Terms in connection with a merger, reorganization, or sale of substantially all assets. Customer may not assign or transfer these Terms, in whole or in part, without Lifted Work’s prior written consent, except to an Affiliate that assumes all obligations.

19   Changes to Service & Terms

We may modify the Service or these Terms at any time. For material changes to Terms we will provide 30 days’ advance notice via e‑mail or in‑app message. Continued use after the effective date constitutes acceptance. If you object, you may terminate before the changes take effect.

20   Export Control & Sanctions Compliance

Customer represents that it is not located in, and will not permit Authorized Users to access the Service from, any country embargoed by the U.S., U.K., or EU, and is not on any restricted‑party list.

21   Miscellaneous

  • Entire Agreement. These Terms, the Privacy Policy, and the DPA constitute the entire agreement and supersede all prior discussions.
  • Waiver. Failure to enforce any provision will not constitute a waiver.
  • Severability. If any provision is held unenforceable, the remainder will remain in effect.
  • Publicity right. Customer grants Lifted Work the right to list Customer’s name and logo as a user of the Service, unless Customer opts out in writing.

22   Notices & Contact

Legal notices must be sent by e‑mail to [email protected] and by registered mail to: Lifted Work, Inc. 1343 Main Street, Sarasota, FL 34236, USA

For general support please contact [email protected].