Terms of Service

Effective Date: August 13, 2025
Entity: HyperStream LLC (d/b/a “WorkLinkers”)
Contact: support@worklinkers.com
Domain: worklinkers.com

PLEASE READ CAREFULLY. These Terms of Service (“Terms”) form a binding agreement between you and HyperStream LLC regarding your access to and use of the WorkLinkers Services. WorkLinkers is not affiliated with worklinkers.com.

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1) Definitions

  • Services” means WorkLinkers’s software and sites (including worklinkers.com), and any associated mobile/desktop apps, APIs, messaging, and the future contractor marketplace.

  • Customer,” “you,” or “your” means the individual or business that creates an account or uses the Services.

  • Customer Data” means data you upload, submit, or generate in/through the Services, including data about your leads and customers.

  • Affiliate Program” means WorkLinkers’s program by which participants can earn commissions for eligible referrals, governed by separate program terms.

  • Order” means your subscription selection or any ordering document for paid Services.

2) Eligibility

The Services are intended for business use. You must be 18 or older (or the age of majority in your jurisdiction). If you are 16–17, you may only use the Services with parent/guardian consent and where permitted by law. No use by under-13s. You represent that you can enter a binding contract and will comply with applicable laws (e.g., licensing, permitting, tax, consumer, privacy, telemarketing).

3) Account & Access

You must provide accurate information and keep credentials confidential. You are responsible for all activity under your account. Notify us immediately of any unauthorized use or security incident.

4) Stripe & Payments; Subscriptions; Auto-Renewal; Trials

  • Stripe. Payments are processed by Stripe or another PCI-compliant processor. You authorize us (and our processor) to charge your chosen payment method for all fees due.

  • Subscriptions. Plans are billed monthly or annually and auto-renew until you cancel. You consent to recurring charges unless and until you cancel.

  • Trials. If a free trial is offered, it converts to a paid plan at the end of the trial unless you cancel beforehand. We will disclose trial length and price.

  • Cancellation. You can cancel in your account settings (click-to-cancel). Cancellation stops future renewals; it does not retroactively refund past charges unless our Refund Policy says otherwise.

  • Refunds. Unless we state otherwise in writing, fees are non-refundable once a billing period starts (prorations are not provided). If we choose to provide a goodwill credit/refund, we may do so at our discretion.

  • Price Changes. We may change fees on renewal with prior notice. If you disagree, cancel before the change takes effect.

  • Compliance. We follow applicable consumer subscription laws (e.g., California Automatic Renewal Law as amended effective July 1, 2025, including “clear and conspicuous” terms, consent, acknowledgment emails, and easy cancellation).

5) Your Responsibilities (Compliance & Messaging)

  • Lawful Use. You will comply with all laws applicable to your use of the Services, including occupational licensing, tax, consumer protection, spam/telemarketing, and privacy laws.

  • Messaging Compliance. For SMS/voice/email, you represent and warrant you have valid consent from each recipient and will include required disclosures and opt-out language. You will follow TCPA/CTIA, CAN-SPAM, carrier policies, and applicable state laws. We may block or throttle content we reasonably believe violates laws or carrier rules.

  • Your Customers. You are solely responsible for your dealings with your customers (quotes, schedules, job performance, pricing, warranties, and compliance with safety codes/permits). We are not a party to your contracts with your customers.

6) Marketplace (Future)

If/when the marketplace is enabled:

  • Leads. We do not guarantee any particular volume, quality, or conversion. Leads may be stale or incomplete.

  • No Agency. We do not provide contractor services, do not supervise contractors, and are not a party to contractor-customer agreements.

  • Payments/Financing. If we facilitate payments or third-party financing/BNPL, those transactions are between you and the processor/financier and subject to their terms.

  • Disputes. All job/service disputes are between you and the other party. We may (but are not required to) assist in limited ways (e.g., messaging logs).

7) Affiliate/Referral Program

Affiliate participation is optional and governed by a separate Affiliate Program Agreement (commission rates, attribution windows, payout methods, anti-spam/anti-fraud rules, tax forms). We may withhold, reverse, or claw back commissions for fraud, cancellations, chargebacks, non-compliant traffic, or violation of program terms. You are responsible for any taxes on your affiliate earnings.

8) Acceptable Use (Prohibited Conduct)

You will not:

  • access the Services to build a competing product, copy non-public features, or benchmark for competitive purposes;

  • probe, scan, or test the vulnerability of the Services; interfere with or disrupt any users, hosts, or networks;

  • upload malicious code or circumvent security or throttling;

  • send spam; harvest or scrape contacts without consent; use purchased lists;

  • transmit content that is illegal, defamatory, harassing, hateful, obscene, or infringes IP/privacy/publicity rights;

  • misrepresent your identity or affiliation;

  • resell, rent, lease, sublicense, or time-share the Services without our written consent;

  • reverse engineer, decompile, disassemble, or otherwise attempt to derive source code (except to the extent such restrictions are prohibited by law).

We may suspend or terminate accounts that violate this section.

9) Customer Data; Privacy; Data Processing

  • Ownership. You own Customer Data.

  • License to Us. You grant us a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and otherwise use Customer Data solely to provide and support the Services, comply with law, and as otherwise permitted by you.

  • DPA. Where required by law, our DPA governs processing of personal data in Customer Data.

  • Backups & Deletion. Upon termination or request, we will delete or return Customer Data as described in our Privacy Policy and DPA (subject to legal retention and backups).

10) AI & Beta Features

Some features may use AI/ML or be offered as “Beta,” “Preview,” or “Labs.”

  • No Professional Advice. AI outputs are for informational purposes only. You remain solely responsible for business decisions and compliance.

  • Accuracy. AI outputs may be incomplete or incorrect; verify before use.

  • Content Use. We will not use your Customer Data to train third-party foundation models without your explicit consent. We may use de-identified/aggregated telemetry to improve features.

  • Beta. Beta features may be changed, suspended, or withdrawn at any time and are provided AS IS without warranties, and may not meet the same security/availability commitments as GA features.

11) Third-Party Services & Integrations

The Services may integrate with third-party services (e.g., Stripe, analytics, email/SMS providers, CRMs). Their terms and privacy policies govern your use of their services. We are not responsible for third-party services and do not control their availability or performance.

12) Intellectual Property

The Services, software, documentation, templates, site content, and all related intellectual property are owned by HyperStream LLC or its licensors and are protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services during your subscription in accordance with these Terms.

Feedback. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction.

13) Confidentiality

Confidential Information” means non-public information disclosed by one party to the other that is designated confidential or should reasonably be understood as confidential (including Customer Data, product plans, security information, and business terms). Each party will use the other’s Confidential Information only to perform under these Terms and will protect it using reasonable care. Exclusions include information that is public, already known, independently developed, or rightfully obtained from a third party.

14) Warranties & Disclaimers

YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT CONTROL OR GUARANTEE LEADS, MARKETPLACE OUTCOMES, PAYMENTS FROM YOUR CUSTOMERS, OR THIRD-PARTY SERVICES.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; AND (B) EACH PARTY’S TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS LIMITS LIABILITY FOR WILLFUL MISCONDUCT, FRAUD, OR BODILY INJURY TO THE EXTENT SUCH LIMITATION IS UNENFORCEABLE BY LAW.

16) Indemnification

You will defend, indemnify, and hold harmless HyperStream LLC, its affiliates, and their officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of law; (iv) your Customer Data or your interactions with your customers; or (v) your messaging practices (including TCPA/CTIA/CAN-SPAM compliance).

17) Term; Suspension; Termination

These Terms remain in effect while you use the Services. We may suspend or terminate access immediately if you materially breach these Terms, pose a security risk, or use the Services unlawfully. You may terminate at any time via the cancellation feature. Sections that by their nature should survive (e.g., fees owed, IP, confidentiality, disclaimers, limitations, indemnities, governing law, dispute resolution) will survive termination.

18) Dispute Resolution; Arbitration; Class Action Waiver (US)

Please read this section carefully. It affects your rights.

  • Informal Resolution. Before filing a claim, the complaining party must send a written Notice of Dispute to legal@worklinkers.com with a brief description and proposed resolution. The parties will try to resolve within 30 days.

  • Arbitration. If not resolved, any dispute, claim, or controversy arising out of or related to these Terms or the Services shall be determined by binding arbitration administered by the AAA under its Commercial Arbitration Rules. Seat of arbitration: Dallas County, Texas. One arbitrator. The award may be entered in any court with jurisdiction.

  • Class/Representative Actions Waiver. Disputes must be brought individually, not as a class, consolidated, or representative action.

  • Opt-Out. You may opt out of arbitration/class waiver by emailing legal@worklinkers.com within 30 days of first account creation.

  • Small Claims. Either party may bring qualifying claims in small claims court in Tarrant or Dallas County, Texas, or the county of your principal place of business.

  • Injunctive Relief. Either party may seek injunctive relief in court for misappropriation of IP or breach of confidentiality.

If your local law does not allow arbitration/class waivers for certain claims, this section applies to the maximum extent permitted.

19) Export & Sanctions; Anti-Corruption

You must comply with U.S. and international export control and sanctions laws and may not use the Services if you are on a denied-party list or in an embargoed country. You agree to comply with anti-corruption laws, including the U.S. FCPA.

20) Government Terms

If you are a U.S. Government user, the Services are “Commercial Items” under 48 C.F.R. §2.101 and provided subject to restricted rights consistent with commercial licensing.

21) Changes to the Services or Terms

We may modify the Services and these Terms. If changes are material, we’ll provide notice (e.g., email or in-app). The new Terms are effective on the “Effective Date.” Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Services and cancel your subscription.

22) Notices

We may send notices by email to your account email or by posting within the Services. You will send legal notices to legal@worklinkers.com and a copy to HyperStream LLC, PO Box 802, Burleson, TX 76097.

23) Miscellaneous

  • Entire Agreement. These Terms (plus any Order, DPA, Affiliate Program terms, and incorporated policies, including the Privacy Policy) are the entire agreement.

  • Assignment. You may not assign without our written consent; we may assign to an affiliate or successor.

  • Force Majeure. We are not liable for delays/failures due to events beyond reasonable control.

  • Severability; Waiver. If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.

  • Headings. For convenience only.

  • Governing Law. Texas law governs, excluding its conflict-of-law rules, subject to the arbitration clause above.

Non-Affiliation Notice: WorkLinkers is not affiliated with worklinkers.com or any other similarly named product or domain.

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