Terms & conditions

These Terms & Conditions ("Terms") govern your use of services provided by WRKS Online ("WRKS," "we," "us," or "our"). By completing checkout on our website, you ("Client" or "you") agree to these Terms.

The following capitalized terms have the meanings set out below:

• AI Agent means the WRKS 360 AI marketing agent and its underlying models, prompts, methods, templates, and supporting software, operated by WRKS and supported by WRKS personnel (including the Concierge).
• Catalyst Membership means a Catalyst-tier membership, including Catalyst Monthly and Catalyst 90-Day Upfront, which carries the Performance Guarantee described in Section 6.
• Concierge means the WRKS team member assigned to your membership who manages onboarding, weekly cadence, QA, and communications.
• Client Materials means access credentials, brand assets, contact information, approvals, and other inputs you provide to enable the membership.
• Deliverables means the creatives, copy, funnels, landing pages, campaigns, and other work product produced by WRKS for your business under the membership.
• Membership Confirmation means the welcome email and any related written communication WRKS sends after your purchase, which sets out the specific KPI target, Measurement Window, and other membership-specific details discussed during your discovery call.
• Enterprise Membership means an Enterprise-tier membership and any other custom WRKS membership that is not a Catalyst Membership.
• KPI means a key performance indicator agreed between WRKS and Client.
• Measurement Window means the period during which performance is measured for purposes of the Performance Guarantee, beginning on the day your first campaign goes live and continuing for the duration set out in the Membership Confirmation.
• Performance Guarantee means the refund commitment described in Section 6, which applies only to Catalyst Memberships.

WRKS operates an AI marketing service. The AI Agent, supported by the Concierge, builds and runs marketing campaigns for your business across image ads, video and sales-letter funnels, landing pages, lead capture, lead nurture, and (where applicable) supporting channels including content, sales outreach, and SEO. Campaigns are launched in phases, iterated continuously, and adjusted based on live performance data.

WRKS does not guarantee any specific business outcome except as expressly set out in Section 6 (Performance Guarantee).

The membership requires participation from both parties. The division is as follows:

WRKS owns: the AI Agent and its maintenance; campaign strategy, build, and operation; creative production; weekly testing and iteration; QA; and weekly progress communication.

Client owns: providing access (Section 4); approvals on Deliverables; sales calls and close rates; client onboarding for Client's own customers; and timely response to WRKS requests.

To begin and operate the membership, you must provide the access, credentials, brand assets, and other materials WRKS reasonably requests for your specific membership. The specific items required and the timing for providing them are set out in your Membership Confirmation and may vary based on the offer, platform mix, and complexity of your onboarding.

The Measurement Window for the Performance Guarantee does not begin until your first campaign goes live, so reasonable onboarding time for complex setups will not in itself affect the Performance Guarantee. Once campaigns are live, you must respond to WRKS requests for approvals and decisions promptly and within any timeframes set out in your Membership Confirmation.

WRKS communicates with Client through email, text message, phone, and scheduled meetings. Informal channels (including social media direct messages) do not carry official status for approvals, change requests, or notices.

You will receive a weekly progress update by email throughout active memberships. Material directional changes will be communicated outside the weekly cadence.

WRKS maintains professional communication standards. We may limit or restructure communication channels if interactions become abusive, harassing, or materially counterproductive to service delivery.

Catalyst Memberships include a Performance Guarantee. If WRKS does not achieve the KPI target set out in your Membership Confirmation by the end of the Measurement Window, you are entitled to the refund described in your Membership Confirmation, subject to the conditions in this Section 6.

The Performance Guarantee is conditioned on each of the following:

• (a) Timely participation. You have provided Client Materials and responded to WRKS requests for approvals and decisions within the timeframes set out in your Membership Confirmation, or otherwise promptly such that campaign execution is not materially delayed by Client.
• (b) Continuity. You have not paused, cancelled, or otherwise interrupted the membership before the end of the Measurement Window.
• (c) Edit discipline on winning campaigns. Once a campaign has reached its KPI target and been identified by WRKS as a winning campaign, Client-requested revisions to that specific campaign are tested as new variants in separate campaigns rather than implemented as edits to the winning campaign. This preserves measurement integrity. Edits required for legal compliance, factual correction, or brand-safety remain available at any time.
• (d) Data-supported edits during testing. After seven (7) days of live testing on any campaign, Client-requested revisions to that campaign should be supported by performance data or by compliance, factual, or brand-safety considerations. Aesthetic-only revisions after this point are at WRKS's discretion to implement.
• (e) Notice and cure. If WRKS determines that Client conduct (including delays under (a) or revision patterns under (c) or (d)) materially impedes campaign execution, WRKS will provide written notice. If the conduct continues for five (5) business days after notice, the Performance Guarantee terminates as to the affected Measurement Window.

To request a refund under the Performance Guarantee, send written notice to contact@wrksonline.com within fourteen (14) days after the end of the Measurement Window. The refund amount is the WRKS membership fee as set out in your Membership Confirmation. Ad spend, platform fees, and all other non-WRKS costs are not refundable under any circumstances (see Section 7). The refund described in this Section 6 is your sole and exclusive remedy for any failure to meet a KPI target.

Enterprise Memberships are not refundable. Enterprise services are customized and require dedicated resources from the membership start; payments for Enterprise Memberships are final.

Recurring memberships are billed in advance and renew automatically until cancelled in accordance with Section 8. One-time memberships (such as Catalyst 90-Day Upfront) are billed in full at checkout and do not renew.

If a recurring payment fails, WRKS will provide a seven (7) day cure window to update payment information. If the payment is not cured within that window, WRKS may suspend or cancel the membership. Services pause during suspension. Reactivation may require updated access credentials and a strategy realignment.

Prices are subject to change for future billing cycles. Existing memberships are not affected by price changes during their current term.

The only amount that may be refundable under these Terms is the WRKS membership fee, and only as expressly set out in Section 6. All other costs associated with your membership, including without limitation ad spend, platform fees, software subscriptions, tool costs, domain or hosting fees, third-party creative costs, and any other expenses incurred in connection with operating your advertising or business, are not refundable under any circumstances. These costs are either pass-through amounts disbursed to third-party platforms and vendors on your behalf, or expenses you incur independently, and cannot be recovered by WRKS once paid. No portion of these costs is included in any refund calculation under Section 6 or any other provision of these Terms.

You may cancel a recurring membership by providing written notice to your account manager or to contact@wrksonline.com at least seven (7) calendar days before your next billing date. Cancellation requests received within seven (7) days of the next billing date take effect for the following cycle, and the upcoming charge will still process. No prorated refunds are issued for mid-cycle cancellations.

One-time memberships are not subject to recurring cancellation. Refund eligibility for Catalyst one-time memberships is governed solely by Section 6.

Cancelling, pausing, or otherwise interrupting a Catalyst Membership before the end of the Measurement Window forfeits eligibility for the Performance Guarantee.

WRKS maintains client records to support strategy, deliverables, and (for Catalyst Memberships) measurement of the Performance Guarantee. Records relevant to the Performance Guarantee are retained through the end of the Measurement Window and the fourteen (14) day refund request period that follows.

After a membership ends, records may be archived or deleted at WRKS's discretion following a reasonable retention period. Future memberships may require re-onboarding if records have been archived or purged.

AI Agent (Catalyst Memberships). For Catalyst Memberships, WRKS retains all right, title, and interest in the AI Agent, including its underlying models, prompts, methods, templates, code, and improvements. WRKS operates the AI Agent on Client's behalf during the Membership; no ownership of the AI Agent transfers to Client.

AI Agent (Enterprise Memberships). Enterprise Memberships are designed to install the AI Agent into Client's business and transition Client to operating it independently. Subject to full payment of fees due, ownership of the AI Agent instance built and configured for Client's business transfers to Client, together with the rights necessary to operate it independently. WRKS retains ownership of the underlying methods, frameworks, models, and improvements that WRKS may reuse across other clients; Client receives a perpetual, worldwide, non-exclusive license to those underlying components as embedded in Client's AI Agent instance.

Deliverables. Subject to full payment of fees due, WRKS grants Client a perpetual, worldwide, non-exclusive license to use the Deliverables produced for Client's business in the ordinary course of that business. For Catalyst Memberships, Deliverables may incorporate elements of the AI Agent (such as templates and methods); the license to use Deliverables does not extend to those underlying elements outside of the Deliverables themselves. For Enterprise Memberships, Deliverables produced as part of the transferred AI Agent instance are owned by Client.

Client Materials. Client retains ownership of Client Materials and Client data. Client grants WRKS a non-exclusive license to use Client Materials and Client data for the purpose of providing the services and improving the AI Agent.

Each party will use reasonable measures to protect the other party's non-public business information disclosed in connection with the membership. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law. WRKS may reference Client as a customer and use aggregated, de-identified performance data for benchmarking and product improvement.

Certain custom WRKS memberships include performance-based components with negotiated revenue share percentages. These components are separate from the Performance Guarantee in Section 6 and apply only when expressly set out in the Membership Confirmation. For revenue-share memberships, leads and sales are tracked through designated platforms, and WRKS's reporting is considered final absent manifest error. Non-payment of agreed revenue share may result in suspension of services.

Accuracy and compliance. Client is solely responsible for the accuracy, legality, and completeness of all Client Materials and information provided to WRKS, and for ensuring that approved Deliverables comply with any laws, regulations, or industry rules applicable to Client's business or profession (including, where applicable, attorney advertising rules, professional licensing requirements, and similar regulatory frameworks). WRKS may rely on Client Materials and Client approvals as accurate and compliant; WRKS is not obligated to independently verify them.

Inherent risks. Client acknowledges that marketing memberships carry inherent business and regulatory risks, including: changes to third-party platform policies; account warnings, restrictions, suspensions, or terminations imposed by third-party platforms; ad disapprovals; conversion-tracking discrepancies; regulatory inquiries; and disputes with Client's end customers. Client bears these risks exclusively. WRKS does not warrant ongoing compliance with any third-party platform's policies or any rule applicable to Client's business or profession, and does not warrant the continued availability or stability of any Client account on any third-party platform.

Third-party claims. Claims, complaints, refund demands, and disputes raised by third parties (including Client's end customers, regulators, and platform operators) are the responsibility of Client and must be directed to Client.

Carve-out. Nothing in this Section 13 limits or modifies the Performance Guarantee in Section 6, which remains the sole and exclusive remedy for a missed KPI target as set out in that section.

WRKS may decline or discontinue service to any Client in its reasonable discretion, including for material breach of these Terms, conduct that interferes with service delivery, or behavior that is hostile or abusive. Memberships terminated under this Section 14 are not refundable, except that, for Catalyst Memberships terminated by WRKS without material cause, eligibility for the Section 6 refund is preserved.

Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, acts of government, internet or third-party platform outages, or other force majeure events. The Measurement Window is tolled for the duration of any such event materially affecting campaign delivery.

Except for the Performance Guarantee in Section 6, WRKS services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. WRKS disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. WRKS does not warrant that services will be uninterrupted, error-free, or that any specific business outcome will be achieved. Marketing platforms are operated by third parties; WRKS does not control and is not liable for platform decisions, including account suspensions, ad disapprovals, or policy changes.

To the maximum extent permitted by law, WRKS's total aggregate liability arising out of or relating to these Terms or the services will not exceed the fees paid by Client to WRKS in the three (3) months immediately preceding the event giving rise to the claim. WRKS is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages. Nothing in this Section 17 limits WRKS's refund obligations under the Performance Guarantee in Section 6, which remain enforceable as written.

Client agrees to indemnify, defend, and hold harmless WRKS and its officers, directors, employees, and agents from any third-party claim arising out of: (a) Client Materials, including any claim that Client Materials infringe third-party rights or violate applicable law; (b) Client's products, services, or business operations, including regulatory or compliance claims; (c) Client's breach of these Terms; or (d) Client's violation of any law or third-party right.

These Terms remain in effect for the duration of the membership and survive termination as to provisions that by their nature are intended to survive (including Sections 10, 11, 13, 16, 17, 18, and 22). Either party may terminate the membership in accordance with Section 8 (Cancellation) or Section 14 (Right to Refuse Service). Termination does not relieve Client of payment obligations accrued through the termination date.

Email. By providing your email address and opting in to email communications from WRKS Online, you consent to receive emails from us, including service updates, appointment reminders, weekly progress updates, promotional messages, and other communications related to your membership. You may unsubscribe from promotional emails at any time using the unsubscribe link in any email. Transactional and membership-related emails (such as billing notices and weekly progress updates) will continue while your membership is active.

SMS. By providing your phone number and opting in to SMS communications from WRKS Online, you consent to receive text messages from us, including service updates, appointment reminders, promotional messages, and other communications related to your membership. Message frequency varies. Message and data rates may apply.

You may opt out of SMS communications at any time by replying STOP to any message you receive from us. After opting out, you will receive a single confirmation message and no further SMS messages will be sent. To re-subscribe, reply START. For help, reply HELP or contact us at contact@wrksonline.com.

Your consent to receive email or SMS messages is not a condition of purchasing any product or service. We do not share your email address or phone number with third parties for their marketing purposes. Carrier fees may apply to SMS. WRKS Online and its carriers are not liable for delayed or undelivered messages.

Your submission of personal information through our website is governed by our Privacy Policy.

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona for any dispute arising out of or relating to these Terms.

Entire agreement. These Terms, together with the Membership Confirmation and the Privacy Policy, constitute the entire agreement between the parties and supersede any prior or contemporaneous communications. In the event of a conflict between these Terms and the Membership Confirmation regarding KPI targets, Measurement Window, or refund mechanics for a specific membership, the Membership Confirmation controls for that membership.

Amendment. WRKS may amend these Terms by posting an updated version. Changes take effect for future billing cycles and new memberships. Continued use of services after changes are posted constitutes acceptance.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

No waiver. A failure to enforce any provision is not a waiver of that or any other provision.

Assignment. Client may not assign these Terms without WRKS's prior written consent. WRKS may assign to an affiliate or successor in connection with a reorganization or sale of business.

Notices. Legal notices to WRKS should be sent to contact@wrksonline.com. WRKS will provide notices to Client at the email on file.

Questions about these Terms should be sent to contact@wrksonline.com.