Terms and Conditions

Definitions

SendWork or the Company means SendWork, Inc., a corporation organized under the laws of Florida, USA, with its principal business address in Miami, Florida. Service means the SendWork software-as-a-service platform for home service contractors, including all associated websites, applications, tools, and services provided by SendWork. User (also, in some contexts, “Contractor”) means the individual or business entity that registers for or uses the Service to manage its home services business. Client means a customer of the User who hires or receives services from the User, and whose information may be entered or stored in the Service by the User. Subscription means the specific plan or tier of the Service that you have enrolled in, including the billing cycle (e.g., monthly or annual) and associated fees. Subscription Fees means all fees associated with your chosen Subscription plan. Stripe Connect refers to the third-party payment processing system provided by Stripe, Inc., integrated into the Service to enable Users to accept payments from Clients. (Stripe and its affiliates are collectively referred to as “Stripe”.) Content means any information, data, text, files, images, or other materials that you upload, input, or generate while using the Service, including attachments and media. Client Data means Personal Data and other information about your Clients that you (the User) input into the Service.

Scope of Service and Relationship of Parties

SendWork provides a neutral software platform designed to help home service contractors with business management tasks such as scheduling, dispatching, generating estimates and invoices, tracking work orders, and collecting payments from Clients. SendWork is not itself a provider of home services, and we are not a party to any agreements between you and your Clients. These Terms do not govern your contracts with Clients, and nothing in the Service constitutes an endorsement or guarantee of any User’s services. You acknowledge and agree that SendWork’s role is solely to provide software tools to help you manage your own business. All dealings between you and any Client (including the scope of services, fees, results, and any disputes) are exclusively between you and that Client. SendWork is not responsible for, and disclaims all liability arising from, any obligations you owe to your Clients (or any obligations they owe to you), or any claims a Client may have about your services.

No Professional Advice or Guarantee

SendWork is not a provider of professional advice (legal, accounting, tax, or otherwise). Any templates, documents, or guidance provided within the Service (for example, suggested invoice language or scheduling recommendations) are provided “as is,” for general informational purposes only, and are not jurisdiction-specific. It is your responsibility to ensure that any advice or templates you use are appropriate for your situation and comply with applicable laws. We do not guarantee any particular business outcomes or that using the Service will satisfy any legal or regulatory requirements that apply to your business.

Account Registration and Security

You are responsible for maintaining the confidentiality of your credentials and for all activities under your Account. Notify us promptly at support@sendwork.com of any unauthorized access or use. If your Account is for a business, you may authorize employees or contractors to access the Service as permitted by your Subscription; you are responsible for role-based permissions and all actions they take. SendWork is not liable for losses arising from your failure to safeguard credentials, and you may be held liable for losses incurred by SendWork or others due to such unauthorized use. You may not maintain more than one active Account for the same business or individual without SendWork’s consent. You may not sell, lend, license, or transfer your Account to any other person or entity. If you have duplicate or shared accounts in violation of this rule, we may terminate or merge those accounts at our discretion.

Subscription Billing

Merchant of Record; Taxes. SendWork (or its billing provider) is the merchant of record for Subscription Fees. All Subscription Fees are exclusive of taxes (e.g., sales tax, VAT, GST, and withholding). Where taxes apply, we will charge the applicable amount and you agree to pay it. If any fees are subject to withholding tax, you will gross-up payments so SendWork receives the full amount owed and will provide valid withholding certificates upon request.

Auto-Renewal & Cancellation. Subscriptions renew automatically for successive terms unless canceled before the end of the then-current term through the in-app billing settings or by contacting support@sendwork.com. Cancellation takes effect at the end of the current paid term; we do not provide pro-rated refunds unless required by law.

Free Trials. If you start a free trial, it will end on the stated date. To continue service, you must add a valid payment method and choose a plan. If you do not, access may be suspended or limited. Any trial-only data may be deleted after a reasonable period.

Fee Changes. We may change Subscription Fees or introduce new charges with at least 30 days’ advance notice. Fee changes take effect upon the next renewal after the effective date. Your continued use after the effective date constitutes acceptance.

Nonpayment & Suspension. If fees are not paid when due, we may suspend or limit the Service after reasonable notice. We may charge late fees or interest where permitted by law and pass through reasonable collection costs.

Billing & Taxes

You (or your billing provider) are responsible for all applicable taxes related to your Subscription Fees. All fees are exclusive of sales, VAT/GST, withholding or similar taxes unless explicitly stated. Where we are required to collect taxes, we will add them to your invoice and you agree to pay them. If withholding applies, you will gross‑up the payment so we receive the full amount due and provide valid withholding certificates. You are the merchant of record for charges you issue to Clients; we (or our payment platform provider) are merchant of record only for Subscription Fees.

Payment Processing for Client Transactions (Stripe Connect)

Client payments you accept through the Service are processed by Stripe, Inc. via Stripe Connect. By enabling payments, you agree to the Stripe Services Agreement and Connected Account Agreement (a direct contract between you and Stripe). SendWork is not a party to that agreement and does not handle, hold, or control Client funds.

Funds Flow & Payouts. When a Client pays, Stripe (not SendWork) processes the payment, deducts Stripe fees (and any disclosed platform fees, if applicable), and pays out net funds to your designated bank account according to your Stripe settings and Stripe’s schedules. Stripe may impose reserves, rolling holds, payout delays, or verification requirements under its policies or applicable law.

Refunds, Chargebacks & PCI. You are solely responsible for refund decisions and costs, and for chargebacks, network fines, disputes, and associated fees. Do not store raw card data in the Service; use only Stripe-approved collection methods for cardholder data. You must comply with PCI DSS and Stripe’s security requirements where applicable (e.g., handling of cardholder data).

Your Responsibilities. You must provide accurate payment and KYC information and comply with all applicable laws, tax obligations, and card-network rules. SendWork does not set your prices, does not provide banking, escrow, or money-transmission services, and is not liable for payment errors between you, your Clients, and Stripe.

Contractor Responsibilities and Conduct

By using SendWork, you agree to the following obligations, which are essential to maintain a lawful and trustworthy platform. You are solely responsible for your business operations and compliance.

Compliance with Laws and Licensing: You represent and warrant that you will comply with all laws and regulations that apply to your home service business. This includes obtaining and maintaining any necessary licenses, permits, bonds, or insurance required in the jurisdictions where you operate. You are solely responsible for keeping your qualifications up-to-date. SendWork does not verify your licenses or credentials, but we reserve the right to request proof and to suspend or terminate your account if we suspect non-compliance.

Taxes and Financial Responsibilities: You are responsible for calculating, collecting (if applicable), reporting, and remitting all taxes related to the services you provide and your use of the Service. SendWork does not withhold or pay any taxes on your behalf. We will not provide tax advice; you should consult a professional for that.

Service Quality and Customer Relations: You are solely responsible for scheduling and performing the services agreed upon with your Clients. This includes showing up on time, performing work professionally and safely, using appropriate materials, and honoring any satisfaction guarantees or warranties you offer. Any complaints, claims, or disputes from a Client regarding your work are your responsibility to resolve directly with the Client. You agree to indemnify SendWork for any claims by Clients related to your services (as further described in the Indemnification section).

No Agency. SendWork is a software platform only. We do not employ, endorse, supervise, or control Users, and we are not responsible for your services, statements, or obligations to Clients. No joint venture, partnership, employment, or agency relationship is created by these Terms.

Acceptable Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. The following activities are prohibited. Violation of any of these may result in immediate termination or suspension of your account.

Illegal or Harmful Conduct: You must not use the Service to engage in or facilitate any illegal or harmful activities.

Infringement of Rights: Do not upload, post, or transmit any Content that infringes or misappropriates any third party’s intellectual property, privacy, or publicity rights.

Data Privacy and Consent: If you enter Personal Data about individuals into the Service, you must have the proper legal basis to do so. Do not enter personal data that is not needed for legitimate business purposes. In particular, do not store highly sensitive personal data in free-text fields.

Prohibited Data: Do not input payment card primary account numbers (PANs), full magnetic stripe data, CVVs, government ID numbers, biometric identifiers, or health information subject to HIPAA into free-text fields.

Security Violations: Do not attempt to interfere with or disrupt the integrity or performance of the Service...

Spam & Abuse: No unsolicited or deceptive communications, phishing, malware, denial-of-service, or scanning/probing.

Scraping & Automated Access: Do not crawl, scrape, or cache the Service (including rate/price data or UIs) except via documented APIs and within published rate limits.

Circumvention and Unauthorized Use: Do not attempt to circumvent any usage limits or access controls of the Service. You may not rent, lease, sublicense, sell, resell, or otherwise commercialize the Service or provide its functionality to any third party as part of any service or product not authorized by SendWork.

Fair Use: We may enforce reasonable rate limits, storage limits, and abuse protections to preserve Service stability.

False or Misleading Information: Do not impersonate any person or falsely state or misrepresent your identity or qualifications. All profile and business information you provide must be accurate.

High-Risk Use: The Service is not designed for life-support, critical infrastructure, or safety-critical systems.

Intellectual Property and License

SendWork (and its licensors) owns all rights in the Service and its underlying technology (the “SendWork Intellectual Property”), including all software, databases, user interface designs, algorithms, and trademarks. These Terms do not grant you any ownership in the Service or its Intellectual Property, only the limited license described below.

License Grant: Subject to your compliance with these Terms (including payment of fees), SendWork grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your Subscription term. You must use the Service only for your internal business as a home service contractor.

Feedback: If you provide SendWork with any suggestions, enhancement requests, or other feedback about the Service, you hereby grant SendWork a perpetual, irrevocable, worldwide, royalty-free, transferable license to use and incorporate that feedback into the Service or any other product or service, without any attribution or compensation to you.

Your Content: You retain ownership of all Content and data that you upload or input into the Service. By using the Service and uploading or entering Content, you grant SendWork a non-exclusive, worldwide, royalty-free license to use, host, store, transmit, display, and process your Content as needed to operate and provide the Service.

DMCA Notices. If you believe Content infringes your copyright, send a notice with the subject line “DMCA Takedown Request – SendWork” to legal@sendwork.com with: (a) your contact info; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material; (d) a statement of good-faith belief; (e) a statement under penalty of perjury that your notice is accurate and you are authorized; and (f) a physical or electronic signature.

Data Protection and Privacy

Your use of the Service is subject to SendWork’s Privacy Policy, which is incorporated into these Terms by reference. By using the Service and providing personal information, you consent to SendWork’s collection and processing of personal data as described in the Privacy Policy.

Data Controller vs. Data Processor Roles: For personal data you provide about yourself or your business, SendWork is the Data Controller. For personal data that you input or collect about your Clients, you are the Data Controller and SendWork is a Data Processor (or “service provider”). We process that Client Data on your behalf and according to your instructions.

DPA & Subprocessors: When SendWork acts as a processor, the Data Processing Addendum (DPA) forms part of these Terms. We maintain a Subprocessor List and will provide notice of material changes as required. We will make the DPA and the current Subprocessor List available on request or as published on our website.

Beta Features and AI Tools

Certain features may be identified as beta, preview, or experimental and may be modified or discontinued at any time. AI-generated outputs may be inaccurate or incomplete and are provided for assistance only; you are responsible for human review and final decisions. We do not use your Client Data to train models for other customers. We may use aggregated or de-identified information to improve features. No AI output constitutes legal, tax, or professional advice.

Service Changes

We may modify features, introduce new functionality, or discontinue features that are obsolete or low-usage. If a change materially reduces core functionality of your paid plan, we will provide reasonable advance notice and, where appropriate, offer a pro-rata credit or refund for the affected period upon request.

Warranty Disclaimers

No Warranty; “As-Is”: THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENDWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE. Nothing in this section affects rights that cannot be limited under applicable consumer laws (e.g., the UK Consumer Rights Act 2015, the EU Consumer Rights Directive, Australia Consumer Law, New Zealand CGA).

Availability. We aim for high availability but do not guarantee uninterrupted or error-free operation.

Limitation of Liability

To the fullest extent permitted by applicable law, neither SendWork nor its affiliates, officers, employees, agents, partners, or licensors will be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the Service or these Terms. This includes, without limitation, damages for loss of profits, loss of revenue, loss of business opportunity, loss of data, or the cost of procurement of substitute goods or services.

Cap. To the extent not prohibited by law, SendWork’s total liability for all claims in the aggregate shall not exceed the greater of (a) US $100 or (b) the Subscription Fees you paid to SendWork for the Service in the twelve (12) months preceding the event giving rise to liability.

Nothing in these Terms is intended to limit liability for (i) death or personal injury caused by a party’s negligence; (ii) a party’s gross negligence or willful misconduct; or (iii) any other liability that cannot be limited or excluded under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless SendWork and its affiliates, officers, directors, employees, agents, and licensors (collectively, the “SendWork Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising from or relating to any third-party claim or proceeding that arises from: your use of the Service; your business operations and services; legal non-compliance; your breach of these Terms; intellectual property infringement in any content you provide; or data/privacy claims related to data you collected or processed. This indemnity includes claims arising from Client disputes, payment disputes (including chargebacks), alleged misrepresentations to Clients, and your failure to comply with licensing, safety, or tax obligations. This indemnification obligation is not limited by any limitations of liability in these Terms.

Termination and Suspension

These Terms are effective from the date you first accept them and will continue until terminated by you or by SendWork as described below. You may terminate your Account at any time by canceling your Subscription. SendWork may terminate your account for cause (e.g., for a material breach of these Terms) or for convenience with 30 days’ notice.

Upon termination, your license ends and you must stop using the Service. We will retain Content and Client Data for up to thirty (30) days after termination to allow export upon request (unless legally required to retain longer). After that, we may delete or anonymize it in accordance with our retention policies. Backups may persist for a limited period.

Governing Law and Dispute Resolution

Governing Law. These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws rules, except that mandatory consumer protections of your country of residence remain unaffected.

Arbitration; Class Waiver. Except for claims that may be brought in small claims court or for injunctive relief (e.g., IP or confidentiality), any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Miami-Dade County, Florida. Arbitration will be conducted under the AAA Commercial Arbitration Rules and, if applicable, the AAA Consumer Arbitration Rules. The arbitrator shall have exclusive authority to resolve disputes regarding arbitrability and the scope of this arbitration provision. The parties waive any right to a jury trial and to participate in class or representative actions.

30-Day Opt-Out. You may opt out of arbitration by sending written notice to legal@sendwork.com within 30 days of first accepting these Terms; your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration.

Regional Addenda

Miscellaneous Provisions

These Terms, together with the Privacy Policy and any additional agreements explicitly incorporated, constitute the entire agreement between you and SendWork. You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets. The relationship between you and SendWork is that of independent contractors. There are no third-party beneficiaries to these Terms, except for Stripe, Inc. and its affiliates regarding payment processing.

Export Controls & Sanctions. You represent that you are not located in, under the control of, or a national or resident of any country or person embargoed or sanctioned by the U.S. or other applicable jurisdictions. You will not use the Service in violation of export control or sanctions laws.

Anti-Corruption. You will comply with anti-bribery and anti-corruption laws, including the U.S. FCPA and UK Bribery Act, and will not offer or accept improper payments in connection with the Service.

Government End Users. The Service is “commercial computer software” and “commercial computer software documentation.” Government end users’ rights are limited by these Terms and applicable law.

Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control (e.g., acts of God, labor disputes, internet/hosting outages, governmental actions).

Severability; Waiver; Survival. If any provision is unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder will remain in effect. A waiver must be in writing and will not be a continuing waiver. Sections relating to fees owed, IP, confidentiality, privacy, restrictions, disclaimers, limitations, indemnities, governing law, dispute resolution, and survival will survive termination.

Changes to Terms

We may update or modify these Terms from time to time. If we make material changes to these Terms, we will notify you by appropriate means. This may include posting a prominent notice on our website or within the app, and/or emailing you to alert you to the change. The notice will indicate when the changes will become effective. Your continued use of the Service after the effective date of the revised Terms will constitute your acceptance of the changes.

Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AND THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT LEGAL COUNSEL BEFORE AGREEING. YOU AGREE TO BE BOUND BY THESE TERMS. If you are agreeing on behalf of an entity, you represent that you have authority to bind that entity.