Terms | WorkMax

LAST UPDATED: November 21, 2025

This website, our applications (including mobile applications), services, tools and features (collectively, “Services”) are owned and operated by About Time Technologies, LLC and its affiliates and related entities (“Company”, “we”, “our”, and “us”). Access and use of the Services are subject to and governed by these Terms of Use, and by accessing, browsing, or otherwise using the Services, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use, then you shall not access or use this website.

THESE TERMS OF USE, THE PRIVACY NOTICE, AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU, THE USER OF THE SERVICES (“YOU” OR “YOUR”), AND COMPANY WITH RESPECT TO YOUR USE OF THE SERVICES. YOU AGREE THAT THE AGREEMENT FORMED BY THESE TERMS OF USE IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, ITS TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER, WHETHER ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT.

IMPORTANT: Please read the following Terms of Use carefully as they affect your legal rights. Except where prohibited by applicable law, these Terms of Use require you to waive your right to a to raise an action via a class action. By accessing, or using the Services, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Use or the Services.

If you are a Company customer, or if you make use of certain other services provided by Company, you may be subject to additional terms and conditions with us (collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms applicable to how you engage with Company, the Additional Terms shall govern.

CHANGES TO SERVICES AND THESE TERMS OF USE

We reserve the right at any time to change: (i) these Terms of Use; (ii) the Services, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through the Services or the hours during which they are available; (iii) the equipment, hardware, or software required to use and access the Services; and (iv) prices for the Services or products made available therein. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, or any items available on the Services.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the Services. Your continued use of the Services after such notice will be deemed acceptance of such changes. Be sure to return to the Services periodically to ensure you are familiar with the most current version of these Terms of Use.

GENERAL CONDITIONS AND DISCLAIMERS

We reserve the right to refuse service, and/or use of or access to the Services to anyone at any time. Company shall have no liability for interruptions or omissions in Internet, network, or hosting services, and does not warrant that the Services or the services which make the Services available or electronic communications sent by Company will be available and free from viruses or any other harmful elements. Our status and Service reporting and availability measurements are intended solely for informational purposes and do not constitute a warranty or guarantee.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

USER ACCOUNTS

To create or activate an account (or to request to create an account) where such option is made available to you, you will be required to submit certain information and to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Services, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately using the contact information below under “Contact Us.” You must notify us immediately if you are contacted by anyone requesting your username or password.

Notwithstanding the above, we undertake no obligation to update, amend, or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

ACCOUNT SUSPENSION, DEACTIVATION, AND TERMINATION.

Company may, at any time and for any reason, in its sole discretion, suspend, deactivate, or terminate your account or your access to or use of the Services, and may terminate these Terms of Use, without notice or liability, including if you breach these Terms of Use, upon any unauthorized use of your account, username, or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Services to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission. You understand that, after termination of your account, your use of the Services, or these Terms, any information or content you have provided may remain in our systems and may continue to be used by other Services users, as applicable.

PRIVACY

Company is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Notice to describe our privacy practices and how we collect, use, and disclose the personal information of those individuals who visit, access, or use the Services. Please see our Privacy Notice for further information.

USER RESPONSIBILITIES

The Services and Services’ content is prohibited from being copied, reproduced, scraped, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, edited, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Services in any way.

You represent and warrant that: (i) you will perform under these Terms of Use in compliance with all applicable laws and regulations; and (ii) all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief.

You will NOT, and you will NOT allow any third party to:

Use the Services in a manner other than as expressly permitted by these Terms of Use;
Use the Services for any purpose or in any manner that is unlawful or prohibited by these Terms of Use, including, without limitation, for any commercial purpose;
Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Services;
Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Services, or combine the Services or any part thereof with any other computer code, programs, materials, or services;
Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, scrape, or distribute the Services or any part thereof;
Use the Services, including, without limitation, any Services’ content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
Commit fraud or falsify information in connection with your access or use of the Services;
Work around any of the technical limitations of the Services or use any tool to enable features or functionalities that are otherwise disabled on the Services;
Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
Engage in activities that aim to render the Services or associated services inoperable or make their use more difficult;
Attempt to disable, damage, overburden, impair, or gain unauthorized access to the Services or our servers;
Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services (including, without limitation, using spiders, crawlers, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
Harvest or otherwise collect or store personal information about other users of the Services, including, for example only, email addresses, without the express consent of such users;
Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identity, or hide your true identity; nor
Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Services, or attempt to collect personal information about third parties without their knowledge or consent.

Company may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Services, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

JOB APPLICANTS

If you submit a resume, job application, or related materials or other information to us, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require Company to review that information or consider you for employment. To view career opportunities at Company or to submit a job application, you may be redirected to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal (if applicable).

MARKETING COMMUNICATIONS

If you sign up or otherwise opt in to receive updates, promotional communications, or related materials from us, we will use your contact information to provide you with promotional and other communications pertaining to our and our affiliates’ products and services via email, physical mail, or telephone, as applicable. You may opt out of receiving promotional or marketing communications from us at any time by following the unsubscribe instructions in the applicable email or by contacting us as set forth herein. We may use third-party providers to deliver these communications to you.

If you opt in to receiving text messages and/or telephone calls when prompted, we may send you autodialed and other text messages at the telephone number you provide. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. Message and data rates may apply.

Please note that if you opt out of such marketing or promotional communications, you may still receive communications with us as necessary for administrative purposes such as at your request or pursuant to providing the Services to you.

AVAILABILITY

While we endeavor to keep downtime to a minimum, we cannot promise that the Services will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend the Services, or any part thereof, with or without prior notice for any reason.

LINKED SERVICES; THIRD-PARTY PRODUCTS; AND LINKING TO THE SERVICES

The Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Company monitors or endorses these websites or their respective practices. Company does not accept any responsibility for such websites. Company shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. These Terms of Use and our Privacy Notice do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.

If you operate a website and wish to include a link to the Services: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Company’s names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by Company. We reserve the right to revoke consent to link to the Services at any time in our sole discretion, whether by amending these Terms of Use or through other notice.

INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained in the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Services.

Company shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Services, or your downloading of any user materials or other content from the Services. Company recommends that you install appropriate anti-virus or other protective software.

OWNERSHIP AND OUR MATERIALS

Subject to your compliance with these Terms of User, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your non-commercial use and for no other purpose.

The Services are owned and operated by Company in conjunction with others pursuant to contractual arrangements. The Services, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, organization and presentation of content, are exclusively the property of Company or, as applicable, its licensors, and are protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights.

No licenses or other rights, express or implied, are granted by Company to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Company and all such rights are reserved and retained by Company. All rights not expressly granted herein are reserved by Company. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties and may be prosecuted to the fullest extent of the law.

FEEDBACK

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration, or loss. You acknowledge and agree that by submitting any such Feedback or communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to these Terms of Use. Company shall not be responsible for the payment of any monies to any other party in connection with Company’s use of any Feedback, information or material provided by you to Company. You also represent and warrant that any and all such Feedback, information or material which you provide to Company, whether provided by you electronically by accessing or using the Services or otherwise, and Company’s use of this Feedback, information and material provided does not infringe the rights of any other person or entity.

WARRANTY; DISCLAIMER OF WARRANTIES

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE AND PLATFORM THAT COMPANY PROVIDES, USER-PROVIDED CONTENT, AND THE COMPANY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THIS WEBSITE OR PLATFORM, THE PRODUCTS, OR THE COMPANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE AND PLATFORM, AND THE COMPANY MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, UNAVAILABILITY, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING UNDER OR OUT OF, OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, USE OF, OR EXPLOITATION OF THE SERVICES, THIS WEBSITE AND PLATFORM, THE COMPANY MATERIALS, USER-PROVIDED CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to, upon request, defend, indemnify, and hold us harmless from any and all liabilities, claims, losses, costs, and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are directly or indirectly responsible; (2) your use of the Services; or (3) your violation, infringement, or misappropriation of the rights of any party, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party. Company reserves, and you grant to us, the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Company. This indemnification section will survive any termination or expiration of these Terms of Use.

CONTACT US

If you need to contact us regarding the Services or these Terms of Use, please e-mail us at info@workmax.com.

DISPUTE RESOLUTION AND CLASS ACTION

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION ALSO INCLUDES A CLASS ACTION WAIVER.

Most concerns can be resolved by contacting customer service at (800) 246-0800. In the event we are unable to resolve a complaint to your satisfaction, this Section explains how any dispute will be resolved.

Mandatory Alternative Dispute Resolution

We are available by email at info@workmax.com to address any concerns you may have regarding your use of the Services. You and Company agree to engage cooperatively to try and resolve any dispute informally prior to you or Company initiating any formal proceeding. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit. You or Company must first send a written notice to the other party providing a detailed description of the dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or Company to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages).

Your notice must be sent to info@workmax.com. Our notice will be sent using the most recent contact information that you have provided to us. For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a Company representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence formal proceedings consistent with applicable law.

Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election.

Class Action Waiver

You and we further agree that any legal proceedings shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis.

MISCELLANEOUS

These Terms of Use are governed by and construed in accordance with the laws of the State of Ohio, without regard to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in Cuyahoga County, Ohio in any matter arising from or related to these Terms of Use and your use of the Services and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Company shall not be responsible for delays or failure of performance resulting from acts beyond the reasonable control of Company. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of suppliers to perform, governmental regulations, power failures, Internet or telecommunications failures, cyberattacks, earthquakes, or other disasters.

Any provisions of these Terms of Use that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Services.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable, or sub-licensable by you except with Company’s prior written consent. These Terms of Use provide only for the use of the Services. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.

No waiver by either party of any right, obligation, breach, or default hereunder shall be deemed to be a waiver unless set forth in writing by such waiving party. No waiver of any right, obligation, breach, or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. you have any questions or concerns regarding this Privacy Notice, contact us by email at privacy@foundationsoft.com by telephone at (800) 240-0800, or by mail at 17800 Royalton Rd. Strongsville, OH, 44136.