Agreement and authority
These Terms of Service (“Terms”) are a binding agreement between Soul Software Inc., a California corporation (“Soul Software,” “Soul Studios,” “we,” “us,” or “our”), and the person or organization using Kruworks (“Customer,” “you,” or “your”). They govern the Kruworks websites, applications, APIs, storage, collaboration tools, directory services, digital asset management, and related services (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
If you use the Services for an organization, you represent that you have authority to bind that organization. An order form, enterprise agreement, data processing addendum, or other written agreement signed by Soul Software controls if it expressly conflicts with these Terms.
Eligibility
You must be at least 18 years old, or the age of majority where you live, and legally capable of entering a binding agreement. You may not use the Services if applicable law prohibits you from doing so.
Accounts and administration
You must provide accurate account information and protect credentials, recovery methods, API keys, devices, and administrator access. Customer administrators control workspace membership, permissions, integrations, exports, and deletion settings. You are responsible for activity performed through your accounts unless caused by our breach of these Terms.
Notify us promptly at [email protected] if you suspect unauthorized access. We may require identity or authority verification before changing ownership or access.
Company data and Customer Content
“Customer Content” means information submitted to or generated through a Customer workspace, including projects, issues, documents, comments, time records, reports, source files, media, 3D assets, metadata, directory records, communications, and integration data. You retain your rights in Customer Content.
You grant Soul Software a limited, worldwide right to host, copy, transmit, process, display, and otherwise handle Customer Content only as needed to provide, secure, support, and maintain the Services; comply with law; and enforce these Terms. You are responsible for the accuracy, legality, quality, and backup of Customer Content and for obtaining all permissions needed to process it through Kruworks.
Directory and personal data
Kruworks directory features may contain names, contact details, roles, employment information, team relationships, profile data, availability, and other personal information. The Customer decides what directory data to collect, who may access it, how long it is retained, and the purpose for which it is used.
The Customer is responsible for providing required notices, obtaining any required consent or other lawful basis, honoring applicable privacy and employment rights, and ensuring directory data is not used unlawfully or discriminatorily. Where Soul Software processes this data on the Customer’s behalf, the Customer acts as controller or business and Soul Software acts as processor or service provider, as those terms apply.
User Content, DAM uploads, and conduct
Kruworks allows users to create, upload, store, preview, version, comment on, and share content. Customer and its users—not Soul Software—are solely responsible for their Customer Content and conduct through the Services.
Soul Software does not create, direct, control, verify, pre-screen, endorse, or adopt Customer Content and is not the publisher or speaker of it. We do not guarantee that Customer Content is lawful, accurate, appropriate, secure, or non-infringing. To the fullest extent permitted by law, Soul Software is not liable for Customer Content; user conduct; or any loss, exposure, offense, harm, or claim arising from content uploaded, shared, accessed, or acted on through the Services.
You may not upload or use the Services for content that is illegal; infringes intellectual property, privacy, publicity, confidentiality, or other rights; contains malware or destructive code; facilitates fraud or abuse; depicts child sexual abuse or exploitation; promotes terrorism or unlawful violence; or is otherwise prohibited by law. We may remove or restrict content, preserve evidence, suspend accounts, or report conduct when reasonably necessary to comply with law or protect the Services or others.
Our right to review, remove, restrict, or report content does not create a duty to monitor the Services or Customer Content. We may act on content reports at our discretion and as required by law, but cannot guarantee that all objectionable or unlawful content will be identified or removed.
Copyright complaints should identify the protected work, the allegedly infringing material and its location, the complaining party’s contact information, and a good-faith statement of authority and accuracy. Send notices to [email protected].
Security, loss, and disclosure risk
We use technical and organizational measures designed to protect the Services. No hosted, networked, or encrypted system can guarantee that data will never be lost, corrupted, disclosed, intercepted, or accessed without authorization.
You are responsible for permission design, endpoint and credential security, lawful configuration of integrations, maintaining appropriate independent backups or exports, and deciding whether the Services are suitable for particular confidential, regulated, or mission-critical data. Do not use Kruworks as the sole repository for data your organization cannot afford to lose.
To the fullest extent permitted by law, Soul Software is not responsible for loss, corruption, deletion, disclosure, or unauthorized access caused by Customer acts or omissions, compromised Customer credentials or devices, Customer-configured integrations, third-party services, prohibited content, malicious actors, or events outside our reasonable control. This paragraph does not exclude liability that cannot lawfully be excluded.
Acceptable use
You may not disrupt the Services; bypass security or plan limits; access another customer’s data without authorization; scrape, probe, or test systems without written permission; reverse engineer except where law expressly permits; resell unauthorized access; or use Kruworks to violate law or another person’s rights.
We may investigate suspected misuse and suspend or restrict access where reasonably necessary to protect Customers, the Services, Soul Software, or others.
Soul Software intellectual property
The Services—including their software, interfaces, text, graphics, logos, icons, media, documentation, and arrangement—are owned by Soul Software or our licensors and protected by United States and international intellectual property laws.
Subject to these Terms and payment of applicable fees, we grant Customer a limited, revocable, non-exclusive, non-transferable right to access and use the Services for its internal business purposes. No ownership rights are transferred. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Services except as expressly permitted in writing or by law.
“Soul Software,” “Soul Studios,” “Kruworks,” and their associated names, marks, and logos are trademarks of Soul Software Inc. You may not use them without prior written consent.
Third-party services and links
The Services may link to or interoperate with third-party websites, applications, identity providers, storage systems, payment processors, or other services. Customer chooses whether to enable integrations and authorizes the resulting exchange of information.
Soul Software does not own or control third-party services and is not responsible for their availability, security, content, policies, or practices. Use of a third-party service is at Customer’s risk and subject to that provider’s terms and privacy practices.
Plans, billing, and refunds
Paid plans renew at the interval shown at checkout or in an order form until canceled. You authorize our payment provider to charge the selected payment method and are responsible for applicable taxes and current billing information. When Paddle is identified at checkout as the seller or merchant of record, Paddle processes the transaction and provides related billing support under its buyer terms.
Payments for Kruworks are eligible for a full refund when requested within 14 calendar days after the initial payment or a renewal payment. No reason is required. See our Refund Policy for request instructions.
Availability and changes
We may add, change, or discontinue features and may perform maintenance that affects availability. Unless a signed agreement states otherwise, we do not promise a particular uptime, recovery time, retention period, or feature roadmap. Beta, preview, or experimental features may be changed or withdrawn at any time.
Disclaimers and limitation of liability
To the fullest extent permitted by law, the Services are provided “as is” and “as available.” Soul Software disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant uninterrupted, error-free, or completely secure operation.
To the fullest extent permitted by law, Soul Software and its affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business opportunity, goodwill, or data. Our total aggregate liability arising from the Services will not exceed the fees Customer paid to Soul Software for the Services during the twelve months before the event giving rise to the claim, or US $100 if Customer paid no fees.
These limitations apply regardless of legal theory and even if a remedy fails of its essential purpose. They do not apply to liability that cannot be limited under applicable law.
Customer indemnity
To the extent permitted by law, Customer will defend, indemnify, and hold harmless Soul Software and its affiliates from third-party claims, losses, and reasonable costs arising from Customer Content, Customer’s unlawful use of the Services, Customer’s violation of another person’s rights, or Customer’s breach of these Terms.
Suspension and termination
You may stop using the Services or cancel a subscription at any time. We may suspend or terminate access for material breach, nonpayment, legal requirement, security risk, or conduct that threatens the Services or others. Access to Customer Content may end after termination, so export needed data before cancellation.
Terms concerning ownership, payment obligations, Customer Content responsibility, disclaimers, liability, indemnity, and other provisions that should survive will remain in effect.
Governing law and venue
These Terms and any dispute or claim arising out of or relating to them or the Services are governed by the laws of the State of California, without regard to conflict-of-laws principles. Subject to the arbitration provision below, any action not subject to arbitration must be brought exclusively in the state or federal courts located in California, and each party consents to their personal jurisdiction.
Arbitration and class-action waiver
Informal resolution. Before filing a formal claim, you agree to contact [email protected] and attempt to resolve the dispute informally for at least 30 days.
Binding arbitration. If the dispute is not resolved, you and Soul Software agree that any dispute, claim, or controversy arising from these Terms or the Services will be resolved by binding individual arbitration administered by JAMS under its applicable Streamlined Arbitration Rules and Procedures. Arbitration will be conducted in California, in English, by one arbitrator. Judgment on an award may be entered in any court of competent jurisdiction.
Class-action waiver. Each party may bring claims only in its individual capacity, not as a plaintiff or class member in a class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over a representative proceeding.
Exceptions. Either party may bring an individual action in small-claims court or seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property rights.
Thirty-day opt-out. You may opt out of this arbitration provision by emailing [email protected] within 30 days after first accepting these Terms. Include your name, organization, account email, and a clear statement that you opt out of arbitration.
Changes to these Terms
We may update these Terms as the Services or law changes. Material changes will be communicated through the Services, by email, or by posting an updated effective date. Continued use after the revised Terms take effect constitutes acceptance.
General terms
If any provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver. Customer may not assign these Terms without our written consent; we may assign them in connection with a merger, reorganization, sale of assets, or by operation of law.
These Terms, our Privacy Policy, applicable order forms, and other written agreements signed by Soul Software constitute the entire agreement concerning the Services and replace prior or contemporaneous understandings on that subject.
Contact
Questions and legal notices can be sent to [email protected].
Soul Software Inc.
4524 Sherman Oaks Ave
Sherman Oaks, CA 91403
United States