Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Workhive software platform, website, application programming interfaces, and related services (collectively, the “Service”) offered by Du Fety Consulting Inc., a corporation incorporated under the laws of the Province of Ontario, Canada (“Workhive,” “we,” “us,” or “our”). The Service is marketed under the name Workhive.

By creating an account, clicking “accept,” or otherwise using the Service, you agree to these Terms. If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” includes that entity.

If you do not agree, do not use the Service.

1. Definitions

“Account” means your registered user profile under an Organization.

“Organization” means the business workspace (tenant) that owns subscriptions, phone numbers, credits, and configuration.

“Customer Data” means data you or your users submit to the Service, including CRM records, contacts, messages, call logs, recordings, transcripts, and AI-generated outputs stored for your Organization.

“Administrators” means users with permissions to manage billing, subscriptions, integrations, phone numbers, recording and transcription settings, and team access.

“Messaging Services” means SMS, MMS, and related text messaging capabilities provided through the Service.

“Telephony Services” means voice calling, phone number provisioning, voicemail-related features, and call recording when enabled.

“AI Features” means optional functionality that uses third-party models or speech services (for example call transcription, summaries, suggested next steps, and automated messaging features such as “AI Setter”).

“Third-Party Services” means services operated by others that we integrate with (for example Twilio, Stripe, Supabase, Google Sign-In, Deepgram, OpenAI, Apple push notifications and CallKit, and optional integrations such as Meta Lead Ads).

2. Eligibility

You must be at least 18 years old. The Service is intended for business use. You may not use the Service if you are prohibited from receiving services under applicable law.

3. Accounts, organizations, and security

3.1 Registration

You must provide accurate information and keep it current.

3.2 Credentials

You are responsible for safeguarding login credentials and for all activity under your Account. Notify us promptly of unauthorized use.

3.3 Administrators

Administrators may configure features that affect privacy and compliance for the whole Organization (for example call recording, transcription, messaging workflows, and integrations). You are responsible for choosing Administrators wisely and for their actions.

3.4 Invited users

Organizations may invite team members subject to seat limits and subscription status. Access may be removed by an Administrator or by us as described in these Terms.

4. The Service (description)

Workhive provides a cloud-based customer relationship and communications platform that may include, depending on your plan and settings:

• Web application for CRM, inbox, tasks, and configuration.
• Telephony Services (inbound and outbound voice) using carrier and VoIP infrastructure, including Twilio and related networks.
• Messaging Services (SMS/MMS) through approved messaging channels, subject to carrier rules and registration requirements (including A2P 10DLC where applicable).
• Optional call recording when enabled per business phone number; recordings may be stored in our environment and made available in the Service.
• Optional AI Features when enabled by an Administrator, including sending completed recordings or audio to Deepgram for transcription and sending transcript text (and limited labeling context, such as a contact display name) to OpenAI for summaries and suggested next steps; and other AI-assisted messaging features that consume credits as described in billing disclosures in the Service.
• Internal automated notifications that Workhive may send to your team (for example operational alerts described in product documentation), distinct from your outbound marketing or client messaging.
• iOS application as a companion client. Subscription and payment for the Service are managed outside the iOS app (for example via the web and Stripe), consistent with how business software is offered across platforms.

Features may change over time. We may add, modify, or retire functionality with reasonable notice where practicable.

5. License and acceptable use

5.1 License

Subject to these Terms and your Organization's subscription status, we grant you a non-exclusive, non-transferable right to access and use the Service for your internal business purposes during the subscription term.

5.2 Restrictions

You will not (and will not permit others to):

• (a) violate applicable law or third-party rights;
• (b) send spam, fraudulent, deceptive, harassing, or illegal messages or calls;
• (c) interfere with or disrupt the Service, circumvent security, or probe systems without authorization;
• (d) reverse engineer the Service except where prohibited by law;
• (e) resell or white-label the Service without our written agreement;
• (f) use the Service to build a competing product using our proprietary materials;
• (g) upload malware or harmful code;
• (h) use the Service for emergency or life-safety communications—we do not guarantee availability, routing, or delivery timing.

5.3 Usage limits

We may enforce technical and policy limits (for example per-number daily SMS caps, credit checks, and abuse prevention) to protect the platform, carriers, and other customers.

5.4 Suspension

We may suspend or limit access if we reasonably believe you violate these Terms, create security risk, expose us to liability, or fail to pay amounts due.

6. Customer Data; privacy; controller and processor

6.1 Your ownership

As between you and Workhive, you retain your rights in Customer Data you supply.

6.2 Our processing

You grant Workhive a worldwide license to host, process, transmit, display, and otherwise use Customer Data only to provide, secure, improve, and support the Service, and as required by law.

6.3 Responsibility for Customer Data

You represent that you have all rights and consents needed to submit Customer Data and to use the Service as configured (including recording calls, transcribing, and using AI Features).

6.4 Privacy Policy

Our Privacy Policy (and the iOS App Privacy Supplement, where applicable) describes personal information practices. The Privacy Policy is incorporated by reference.

6.5 Controller / processor

For personal data in Customer Data, your Organization is typically the controller and Workhive is a processor, except where we act as a controller for our own account, billing, security, and analytics data. Enterprise customers may require a separate Data Processing Agreement; contact us at hello@dufety.com if you need one.

6.6 Security

Workhive maintains administrative, technical, and physical safeguards designed to protect Customer Data, including: encryption of sensitive data at rest and in transit (TLS 1.2+), role-based access controls, security event audit logging, and regular application security testing. Further details are described in our Privacy Policy.

6.7 Data Portability and Deletion

You may request export or deletion of your Customer Data at any time by contacting hello@dufety.com or through the account deletion feature in Settings. Upon receiving a deletion request, we will permanently remove all Customer Data, including any data received from third-party integrations (e.g., Google Gmail and Calendar data), within 30 days.

7. Telephony Services and call recording

7.1 No guarantee of quality or connectivity

Voice services depend on networks, devices, carriers, and third-party infrastructure. We do not guarantee call completion, audio quality, or uninterrupted service.

7.2 Recording — your obligations

If you enable call recording for a phone number:

• (a) you are solely responsible for compliance with all applicable laws on recording, monitoring, and wiretapping (including one-party and two-party or all-party consent jurisdictions);
• (b) you must provide any required notice and obtain consent from participants as required by law and good practice;
• (c) you must not use recording in violation of workplace, contractual, or professional rules applicable to you.

7.3 Storage and deletion

Recordings and related metadata are stored as described in the Privacy Policy. You may delete content where the Service provides controls; some records may be retained for a limited period for security, billing, or legal reasons as described in the Privacy Policy.

8. AI Features (transcription, summaries, next steps, and related automation)

8.1 Optional and Administrator-controlled

AI Features run only when enabled in the Service (for example transcription and summarization per phone number after recording completes, or AI-assisted messaging features). Administrators may turn features on or off subject to product rules.

8.2 Subprocessors

AI Features rely on third-party providers (for example Deepgram and OpenAI). Their processing is described at a high level in our Privacy Policy. By enabling those features, you instruct us to engage those providers as subprocessors to deliver the functionality.

8.3 No professional advice; accuracy

AI-generated transcripts, summaries, suggested next steps, and automated messages may be incorrect, incomplete, or biased. They are not legal, medical, financial, or other professional advice. You are responsible for reviewing outputs before relying on them or communicating them externally.

8.4 Credits

Usage-based features may consume credits as disclosed in the Service. AI Features may increase usage of credits or underlying telephony and messaging usage.

9. Messaging & SMS Communications

The Service may allow Users to send and receive SMS, MMS, or other text-based communications (“Messaging Services”) to contacts using third-party providers such as Twilio.

By using the Messaging Services, you represent and warrant that:

• You have obtained all required consents and permissions from recipients to receive text messages, in compliance with applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), CASL, and similar regulations.
• You will provide recipients with clear opt-out instructions (e.g., replying “STOP”) and honor opt-out requests promptly.
• You will not use the Messaging Services for spam, deceptive, fraudulent, or illegal purposes.
• You acknowledge that message delivery is subject to carrier availability and third-party network conditions, and we do not guarantee message delivery or timing.

We reserve the right to suspend or terminate Messaging Services for any User that violates these requirements or applicable messaging laws.

Users are solely responsible for the content, timing, frequency, and legality of all communications sent using the Messaging Services. Recipients may opt out of receiving messages at any time by replying “STOP” or any other industry-standard opt-out keyword.

We may monitor usage patterns related to Messaging Services and suspend or disable messaging access to prevent abuse, spam, or violations of applicable laws or carrier policies.

Users acknowledge that they are the sender of record for all messages sent using the Messaging Services.

Messaging Services are not intended for emergency communications and should not be relied upon for urgent or time-critical messages.

Message and data rates may apply depending on the recipient's mobile carrier and plan. Carrier fees are the responsibility of the recipient.

Messaging data, including phone numbers and message metadata, is processed in accordance with our Privacy Policy.

9.1 Promotional and Marketing Messages

Users may not send promotional or marketing messages using the Messaging Services unless they have obtained the recipient's prior express consent or prior express written consent, as required by applicable law, including the Telephone Consumer Protection Act (TCPA) and similar regulations.

Users are solely responsible for maintaining records of such consent and for ensuring that all promotional communications comply with applicable messaging laws and carrier requirements.

9.2 A2P 10DLC Registration

Users acknowledge that sending application-to-person (A2P) messaging, including promotional or marketing messages, may require registration and approval of messaging use cases, brands, and phone numbers through our messaging provider, including Twilio, in accordance with carrier requirements.

Such approval is typically required before sending promotional, marketing, or high-volume messaging traffic. Users are responsible for completing any required registration or approval processes and may be restricted from sending certain types of messages until such approval is obtained.

10. Third-Party Services and integrations

The Service relies on Third-Party Services. Their availability, pricing changes, terms, and compliance requirements are governed by their own agreements and policies. We are not responsible for Third-Party Services beyond our obligation to integrate them reasonably. Optional integrations (for example Meta Lead Ads or calendar providers) may import data subject to those providers' terms and your configuration.

11. Fees, subscriptions, credits, and payment

11.1 Paid plans

Access to paid features requires an active subscription or other arrangement we accept. Fees, plan inclusions, and credit amounts are presented in the Service or checkout at the time of purchase and may include Standard, Founder, additional seats, additional phone numbers, recurring credit boosts, and one-time credit packs.

11.2 Currency

Prices may be offered in CAD or USD depending on your Organization's configuration and checkout.

11.3 Billing

Payments are processed by Stripe (or another processor we designate). You authorize us and our payment processor to charge your payment method for fees, taxes, and purchases you approve.

11.4 Recurring billing

Subscriptions renew automatically until cancelled in accordance with the billing interface or Stripe Customer Portal, unless stated otherwise at purchase.

11.5 Credits

The Service may use a credit system for metered usage (for example voice minutes, outbound SMS/MMS, and certain AI-related sends). Credits may be included with your plan, added via subscriptions or one-time purchases, and may be subject to reset, rollover, or expiration rules shown in the Service. If you do not have sufficient credits, certain actions may be blocked.

11.6 Auto top-up

If enabled for your Organization, we may automatically charge a payment method on file to purchase additional credits when your balance falls below a threshold described in the Service. You may disable auto top-up where the product allows.

11.7 Taxes

Fees are stated exclusive of applicable taxes unless otherwise indicated. You are responsible for taxes imposed on your purchase, other than taxes on our net income.

11.8 Price changes

We may change fees with reasonable advance notice. Continued use after the effective date may constitute acceptance. If you do not agree, you may cancel as provided in the Service.

11.9 Refunds

Fees are non-refundable except where required by law or as we expressly agree in writing.

11.10 Late or failed payment

We may suspend access for non-payment, including if a renewal or auto top-up charge fails.

12. Intellectual property

We and our licensors own the Service, including software, documentation, branding, and templates, excluding your Customer Data. Except for the limited license in Section 5, no rights are granted. Feedback you provide may be used without obligation to you.

13. Confidentiality

Each party may receive non-public information from the other. The recipient will use reasonable care to protect it and use it only for the relationship, subject to standard exceptions (public domain, rightfully received from a third party, independently developed, required by law).

14. Term and termination

14.1 Term

These Terms apply from first use until terminated.

14.2 Termination by you

An Administrator may cancel subscriptions or close an Organization as provided in the Service, or you may contact us at hello@dufety.com.

14.3 Termination by us

We may suspend or terminate access for breach, risk, non-payment, or if we discontinue the Service (with reasonable notice where feasible).

14.4 Effect of Termination

Upon termination, your right to access the Service ceases. Customer Data will be permanently deleted within 30 days of termination, except where retention is required by applicable law or for minimal billing records. You may request an export of your Customer Data prior to termination by contacting hello@dufety.com.

15. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

16. Third-Party Integrations and Google Data

16.1 Data ownership

You retain all rights, title, and interest in and to your data. Workhive does not claim any ownership rights over the information accessed through third-party services, including Google Workspace.

16.2 Third-party service dependency

Workhive's functionality is dependent on the availability of third-party APIs (such as the Google API Services). We are not responsible for service interruptions, data sync delays, or changes in features caused by these third-party providers. Your use of such services is governed by their respective terms, including the Google APIs Terms of Service.

16.3 Prohibited conduct

You agree not to use Workhive's Google integrations to:

• Send spam or unsolicited bulk commercial communications.
• Perform unauthorized data scraping or surveillance.
• Violate any Google API Services User Data Policy.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EXCEPT FOR YOUR OBLIGATIONS UNDER SECTION 18 OR WHERE PROHIBITED BY LAW. (B) OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF USD $100 AND THE AMOUNTS YOU PAID WORKHIVE FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (OR, IF SHORTER, THE SUBSCRIPTION PERIOD).

Some jurisdictions do not allow certain limitations; in those cases, limits apply only to the extent permitted.

18. Indemnification

You will defend, indemnify, and hold harmless Workhive and its affiliates, officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) Customer Data; (b) your use of Telephony Services, Messaging Services, call recording, or AI Features; (c) your violation of these Terms or law; or (d) disputes between you and your customers, contacts, or employees.

19. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles that would require another jurisdiction's law to apply.

Subject to applicable law, you and Workhive irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for any dispute arising out of or relating to these Terms or the Service.

20. Changes to these Terms

We may modify these Terms by posting an updated version and revising the “Last updated” date. If changes are material, we will provide reasonable notice (for example by email or in-app notice). Your continued use after the effective date may constitute acceptance. If you do not agree, stop using the Service and cancel your subscription.

21. Apple App Store (iOS users)

If you access the Service through Apple's App Store, you acknowledge that these Terms are between you and Workhive, not Apple. Apple has no obligation to furnish maintenance or support for the app. Apple is not responsible for the app or its content. Apple is a third-party beneficiary of this Section 21 and may enforce it. You represent that you are not in a country subject to a U.S. embargo or designated as terrorist-supporting, and are not on restricted party lists.

22. General

22.1 Assignment

You may not assign these Terms without our consent. We may assign in connection with a merger, acquisition, or sale of assets.

22.2 Severability; waiver

If a provision is unenforceable, the remainder stays in effect. Failure to enforce is not a waiver.

22.3 Entire agreement

These Terms and the Privacy Policy (and any order form or DPA you sign) constitute the entire agreement regarding the Service.

22.4 Notices

Notices to you may be sent to the email on your Account. Notices to us: hello@dufety.com.

23. Contact

Workhive
Du Fety Consulting Inc.
681 Zermatt Dr., Ontario, Canada

Email: hello@dufety.com

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