Terms of Service

1. Agreement and eligibility

These Terms of Service (the “Terms”) are between Job Space LLC (“Job Space,” “we,” “us,” or “our”) and the organization identified in a Job Space account, subscription, or Order (“Customer”). An “Order” is an online subscription, checkout, order form, or other purchasing record that identifies Customer and the purchased plan, price, and term. These Terms and each Order form the “Agreement.” The Agreement becomes binding when an authorized representative expressly accepts the Terms or an Order. That representative confirms authority to bind Customer. Job Space is offered only for business use, and every authorized user must be at least 18 years old.

These Terms contain an Arbitration Clause for dispute resolution. See ¶14.

2. The service and accounts

Subject to these Terms and the applicable Order, Job Space grants Customer a limited, non-exclusive, non-transferable right to use the service during the subscription term for Customer’s internal business operations. Customer controls its authorized users and is responsible for their use of Job Space, the accuracy of account information, and keeping credentials and devices secure. Customer must promptly notify support@jobspace.com of suspected unauthorized access. Customer may not share an individual account between users.

3. Subscriptions, renewal, and cancellation

• Plans. Subscriptions are offered on monthly or annual terms. The applicable Order or checkout page states the plan, price, billing frequency, included features, and any usage limits.
• Automatic renewal. Unless canceled, each subscription automatically renews for another period equal to its current monthly or annual term, and Job Space may charge the payment method on file at the then-current price. Before completing your subscription, you will be presented with the auto-renewal terms, including the renewal price and term. We will send a confirmation email summarizing the auto-renewal terms.
• Cancellation. Customer may cancel at any time through the account controls made available by Job Space or by contacting support@jobspace.com. Cancellation stops the next renewal. Customer may continue using the paid service through the end of the current billing period.
• Fees and refunds. Fees are charged in advance and, except where an Order states otherwise or law requires, are non-refundable and not prorated. Customer is responsible for applicable taxes other than taxes on Job Space’s net income.
• Payment failures. Job Space may retry an unsuccessful charge and, after reasonable notice, suspend access for an undisputed overdue amount.
• Price changes. Job Space may change pricing for a future renewal term by providing at least 30 days’ advance notice and a reasonable opportunity to cancel before the new price applies.

4. Acceptable use

Customer shall comply with all applicable laws governing the collection, use, and disclosure of personal information through the service, including the CCPA, CAN-SPAM Act, and TCPA. Customer shall not use the service in a manner that would make Job Space a consumer reporting agency under the Fair Credit Reporting Act.

Customer and its users may not:

• evade authentication, organization boundaries, permissions, or usage controls;
• access another customer’s account or data without authorization;
• disrupt, probe, scan, overload, or introduce malicious code into the service;
• copy, reverse engineer, resell, sublicense, or provide the service to third parties except as expressly allowed by law or an Order;
• upload unlawful, harmful, deceptive, infringing, or malicious content;
• send unlawful or unwanted communications; or
• use Job Space in violation of law, another person’s rights, or these Terms.

5. Customer data and privacy

As between the parties, Customer retains its rights in information submitted to Job Space by or for Customer (“Customer Data”). Customer authorizes Job Space to host, copy, process, transmit, and display Customer Data as needed to provide, secure, and support the service, follow Customer’s instructions, and comply with law. Customer is responsible for Customer Data and for having the rights, notices, and consents needed to collect, use, and provide it. Job Space handles personal information as described in the Privacy Notice. When Job Space processes personal information in Customer Data on Customer’s behalf, the Data Processing Addendum applies and is incorporated into the Agreement.

6. Messaging

Accepting these Terms does not itself provide consent to receive marketing texts or to send texts to another person. Customers using messaging features remain responsible for legally sufficient notice and consent and for honoring the recipient controls in the Messaging Terms.

7. Ownership and feedback

Job Space and its licensors own the service, software, documentation, designs, and all related intellectual-property rights. No rights are granted except those expressly stated in these Terms. If Customer provides suggestions or feedback, Customer grants Job Space a worldwide, perpetual, irrevocable, royalty-free right to use them without restriction or compensation, provided Job Space does not identify Customer as their source without permission.

8. Confidentiality

Each party may receive nonpublic information that a reasonable person would understand to be confidential. The receiving party will use it only to perform or exercise rights under the Agreement, protect it with reasonable care, and disclose it only to personnel and service providers who need it and are bound to protect it. These duties do not apply to information independently developed, lawfully received without restriction, or publicly available through no breach. A party may disclose information when legally required after giving notice when permitted.

9. Third-party services and changes

Job Space may use the providers identified on the Subprocessor List to provide the service and remains responsible for its obligations under the Agreement. Job Space may also support integrations selected by Customer. Customer-selected integrations are governed by their own terms and may change or become unavailable; Job Space is not responsible for those services outside its control. Job Space may update the service and its features. We will not materially reduce the core functionality of a paid plan during its current subscription term without providing a reasonable alternative or allowing Customer to terminate the affected subscription and receive a refund of prepaid fees for the unused portion.

Some location features include Google Maps features and content. Use of those features is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

10. Suspension and termination

Job Space may suspend access to prevent material harm, address a security threat, comply with law, respond to nonpayment, or stop a material violation of these Terms. When reasonable, Job Space will give notice and an opportunity to cure. Either party may terminate for an uncured material breach after 30 days’ written notice, or immediately if the breach cannot be cured. To the extent permitted by applicable law, either party may terminate if the other becomes insolvent or ceases business without a successor. On termination, Customer must stop using the service and pay accrued fees.

Unless the services are suspended, Customer may access and export Customer Data any time during the subscription and for thirty (30) days after the termination or expiration of the subscription. After Customer requests deletion or the subscription ends, eligible Customer Data may remain available in active recovery systems for up to 30 days and will then be deleted from active systems. Copies may remain in protected backups until overwritten in the ordinary course. Job Space may retain limited information when reasonably required for legal, security, fraud-prevention, tax, accounting, or dispute purposes.

11. Warranties and disclaimers

Job Space warrants that the service will materially conform to the documentation Job Space makes available for it during a paid subscription. Customer’s exclusive remedy for a breach of this warranty is for Job Space to correct the nonconformity or, if correction is not commercially reasonable, allow Customer to terminate the affected subscription and receive a refund of prepaid fees for the unused portion of that subscription.

Unless a mutually signed Order or service-level agreement expressly states otherwise, the standard service has no service-level agreement, uptime commitment, service credits, guaranteed support response or resolution time, or guaranteed maintenance notice. Any separately agreed service level applies only to the service and subscription it identifies, and its stated service credits or remedies are Customer’s exclusive remedies for a failure to meet that service level.

Except for that express warranty and to the maximum extent permitted by law, the service is provided “as is” and “as available.” Job Space disclaims implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Job Space does not promise that the service will be uninterrupted, error-free, or suitable for emergency response, life-safety, or other use where failure could cause personal injury or property damage.

12. Indemnification

Customer will defend Job Space and its affiliates, officers, directors, and personnel against third-party claims alleging that Customer Data infringes another person’s rights, or caused by Customer’s unlawful use of the service, Customer-selected message content or recipients, or Customer’s failure to obtain legally required consent. Customer will pay resulting damages, settlements approved by Customer, and reasonable legal fees. Job Space will promptly notify Customer, allow Customer to control the defense and settlement, and provide reasonable cooperation. Customer may not settle a claim in a way that admits fault by or imposes obligations on Job Space without Job Space’s written consent.

Job Space will defend Customer from a third-party claim alleging that the paid service, when used as authorized, infringes a United States patent, copyright, or trademark or misappropriates a trade secret, and will pay resulting damages, approved settlements, and reasonable legal fees. Job Space has no obligation for claims caused by Customer Data, customer-directed modifications, combinations not supplied by Job Space, unauthorized use, or continued use after Job Space provides a noninfringing replacement. Job Space may obtain continued-use rights, modify or replace the affected service, or terminate it and refund prepaid fees for the unused portion. Customer must promptly notify Job Space, provide reasonable cooperation, and allow Job Space to control the defense and settlement. Job Space may not settle a claim in a way that admits fault by or imposes nonmonetary obligations on Customer without Customer’s written consent.

13. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, or business interruption, arising out of or relating to the Agreement, an Order, the service, or the parties’ relationship, even if advised that such damages were possible.

Except for the enhanced-cap and excluded claims below, each party’s total aggregate liability arising out of or relating to the Agreement, an Order, the service, or the parties’ relationship will not exceed the greater of (a) $100 or (b) the fees paid or payable by Customer for the affected service during the 12 months before the first event giving rise to liability (“General Cap”). Each party’s total aggregate liability for breach of its confidentiality, privacy, or data-security obligations under the Agreement, the Data Processing Addendum, or applicable law, and Job Space’s intellectual-property indemnification obligations (collectively as “Excluded Claims”), will not exceed three times that amount, except to the extent applicable law does not permit that liability to be capped (“Enhanced Cap”).

The exclusions and caps in this section do not apply to fraud, willful misconduct, gross negligence, willful injury, independent intentional torts, death or personal injury caused by a party’s negligence or wrongful act, violations of law to the extent California Civil Code Section 1668 or other applicable law prohibits limitation, Customer’s payment obligations, Customer’s indemnity obligations, Customer’s infringement or misappropriation of Job Space’s intellectual-property rights, or liability that cannot lawfully be limited. Nothing in these Terms limits any nonwaivable statutory right or remedy.

14. Governing law, arbitration, and disputes

Arbitration notice. Except for the limited matters identified below, Job Space and Customer agree to resolve disputes through final and binding individual arbitration instead of a lawsuit in court. For every arbitrable dispute, each party gives up the right to have a court or jury decide the dispute and the right to proceed in a class, collective, consolidated, or representative action, except for public injunctive relief, rights, remedies, or means of enforcement under the California Consumer Privacy Act, or other rights or relief that cannot lawfully be waived.

Governing law. California law governs the Agreement without regard to conflict-of-law rules. The parties agree that the Agreement involves interstate commerce. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. If the Federal Arbitration Act does not govern a particular issue, the California Arbitration Act governs that issue to the extent it is not inconsistent with federal law.

Informal resolution. Before starting arbitration or a court proceeding, the claimant must send an individual written notice using a notice method in Section 15. The notice must identify the Customer account, describe the facts and, if known, the legal basis of the dispute, state the requested relief, and provide current contact information. The parties will use good-faith efforts to resolve the dispute for 30 days after receipt. The parties agree to toll for those 30 days any limitations period they may lawfully toll. This requirement does not prevent a party from seeking temporary relief needed to prevent imminent, irreparable harm.

Binding individual arbitration. Any dispute arising out of or relating to the Agreement, an Order, the service, billing, Customer Data, or the parties’ relationship, whether based in contract, tort, statute, or another legal theory, will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect when the demand is filed. One neutral arbitrator experienced in commercial software or technology agreements will decide the dispute. Hearings will be conducted remotely unless the parties or arbitrator determine that an in-person hearing is necessary. The legal seat of the arbitration will be the California county where Job Space has its principal office. If the AAA cannot administer the dispute, the parties will jointly select a comparable administrator or ask a court with jurisdiction to appoint the arbitrator as the Federal Arbitration Act allows.

Fees will be allocated under the applicable AAA rules, subject to any different allocation required by law and the arbitrator’s authority to reallocate them in the final award. Each party will bear its own legal fees unless the Agreement or applicable law permits an award of those fees. The arbitrator may award only relief available to the individual claimant on that claimant’s own behalf under the Agreement and applicable law and must apply Sections 11 through 13, including their exclusive remedies, damages exclusions, liability caps, and exceptions, to the extent enforceable. The arbitrator will issue a reasoned written award. The arbitration, its nonpublic filings, and the award will be confidential except as reasonably necessary to conduct the proceeding, enforce or challenge the award, comply with law, or protect a legal right. Judgment on the award may be entered in any court with jurisdiction.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies and remains there. Either party may ask a court for temporary or preliminary relief needed to protect intellectual property, confidentiality, or service security; prevent unauthorized access; or preserve the status quo pending arbitration. A party may communicate with or seek relief from a government agency. Nothing in this section waives public injunctive relief, rights or remedies under the California Consumer Privacy Act, or any other right or remedy that applicable law does not permit the parties to waive. Seeking permitted court or agency relief does not waive arbitration of the remaining dispute.

Individual-action and class-action waiver. To the fullest extent permitted by law, each party may bring a claim against the other only on its own behalf and not as a plaintiff, class member, or representative in a class, collective, consolidated, or representative proceeding. This sentence does not apply to public injunctive relief, rights, remedies, or means of enforcement under the California Consumer Privacy Act, or other rights or relief that cannot lawfully be waived. The arbitrator may not combine the claims of different customers or preside over a class, collective, consolidated, or representative arbitration unless every affected party agrees in writing after the dispute arises. This waiver does not limit any nonwaivable statutory right, remedy, or means of enforcement.

A court with jurisdiction will decide whether an arbitration agreement exists or was formed, which agreement or version controls, whether the individual-action and class-action waiver is enforceable, and whether a claim seeks public injunctive or other nonwaivable relief. The arbitrator will decide all other questions about the scope, applicability, and enforceability of this arbitration agreement and the merits of the dispute. If the individual-action or class-action waiver cannot lawfully be enforced for a particular claim or form of relief, only that claim or relief will proceed in court, it will not proceed in class arbitration, and the court may stay it only to the extent the court determines applicable law permits. Public injunctive or other nonwaivable relief will not be delayed where applicable law prohibits delay. The remainder of this section will remain effective.

Subject to mandatory venue law, the state courts serving the California county where Job Space has its principal office, and the applicable federal district court if it has subject-matter jurisdiction, have exclusive jurisdiction over permitted court proceedings. Each party consents to personal jurisdiction and venue there. Upon initial acceptance, this section applies to disputes arising out of or relating to the Agreement or the parties’ relationship. An amendment to this section applies prospectively unless an authorized Customer representative affirmatively accepts a broader application. This section survives expiration or termination of the Agreement.

15. Changes and notices

Job Space may update these Terms. If a change materially affects Customer’s rights or obligations, Job Space will provide at least 30 days’ advance notice through the service or by email, unless law or an urgent security issue requires an earlier change. The change will apply on the stated effective date. A materially adverse change will apply to an active paid subscription at its next renewal unless the change is required earlier by law, or Customer affirmatively accepts it. Notwithstanding the foregoing, a security-related change may take effect earlier only when strictly necessary to address an active threat and may not change pricing, warranties, remedies, liability limits, Section 14, or accrued claims. This exception applies only to technical security measures and does not alter consumer rights or material terms. A change to Section 14 applies to an existing Customer only after an authorized representative affirmatively accepts that change; continued use alone does not constitute acceptance. Notices to Job Space must be sent to support@jobspace.com, or by mail to Job Space LLC at 1048 Irvine Ave #582, Newport Beach, CA 92660.

16. General

Assignment. Neither party may assign the Agreement without the other party’s consent, except to an affiliate or in connection with a merger, reorganization, or sale of substantially all relevant assets. The assigning party will provide prompt written notice of any assignment. An assignment does not relieve the assigning party of obligations that accrued before the assignment.

Subcontractors. Job Space may use subcontractors but remains responsible for its obligations.

Force Majeure. Except for accrued payment obligations, neither party is liable for any failure of performance caused by events beyond its reasonable control, including acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, acts of terrorism, strikes and similar labor difficulties, war, sabotage, outages of third party connections, utilities, or telecommunications networks, including, without limitation, carrier-related problems or issues, internet-access issues, denial of service attacks, shortage or unavailability of supplies, and other mechanical, electronic or communications failures or degradation.

Severability. If a provision is unenforceable, it will be limited to the minimum extent needed and the rest will remain effective.

Waiver. Failure to enforce a provision is not a waiver.

Relationship of the Parties. The parties are independent contractors and the agreement creates no third-party beneficiary rights.

Entire Agreement. These Terms, each Order, the Data Processing Addendum when applicable, and the Messaging Terms are the entire agreement about the service.

The Privacy Notice describes Job Space’s handling of personal information but is not part of the Agreement unless an Order expressly says otherwise.

Precedence. An Order controls over these Terms only where it expressly identifies the provision it replaces. An Order may modify Section 14 only through language mutually signed by the parties that expressly identifies Section 14.

Notices. Notices to Customer may be sent to its account administrator’s email address. Customer must keep that address current.

Survival. Provisions concerning confidentiality, ownership, accrued payment, indemnification, liability, disputes, and data deletion survive expiration or termination, along with any provision that by its nature should survive. The specific severability rule in Section 14 controls for Section 14.