1. Who this is between
These terms are between you and Piragua Consulting, LLC ("we", "us"), a Minnesota limited liability company, and cover whenworksforyou.com (the "Service"). By creating an account or otherwise using the Service, you agree to these terms. Our Privacy Policy explains how we handle personal information; acknowledging it is not separate consent to marketing or to every type of processing. If you do not agree to these terms, do not use the Service.
2. Who can use it
You must be at least 13 to use the Service and at least 18 (or the age of majority where you live) to buy anything. If you are below the age of majority, use the Service only with a parent or guardian's permission and supervision. Adult organizers must not direct children under 13 to the Service. If you use it for an organization, you confirm that you may bind it to these terms.
3. Organizers and guests
An organizer creates a poll. A guest answers one from a link; an account is not required. These terms apply to both of you.
4. Your account
- Keep your sign-in details to yourself and tell us promptly about suspected unauthorized use. You are responsible for reasonable care of your account; this does not make you responsible for our own security failures.
- Keep your account details accurate and current. Everything that matters goes to the address on your account, and we may suspend an account whose details turn out to be false.
- A poll made without an account can be claimed by one only for a limited time afterwards.
5. Links are keys
A link to a poll works like a key: whoever holds it may be able to see the poll, answer as that guest, or manage the event, depending on the link. Keep personal and management links private, share public links only with people you intend to reach, and manage permissions carefully.
6. Emailing your guests
When you ask us to, we email the people you list, from our address, on your behalf. When you do that you promise that:
- You know these people and they would reasonably expect to hear from you about this event. No purchased lists, no strangers, no bulk announcements.
- You have the needed rights, notices, and permissions to give us their names, addresses, and any uploaded or forwarded content for this purpose.
- You will not send anything unlawful, deceptive, harassing, or unrelated to the event.
We may decline to send, or stop sending, for any event that draws bounces, spam complaints, or looks like bulk mail, and may suspend an account for it. A guest who unsubscribes will not receive invitations, reminders, or results from us across events, except requested account, sign-in, security, billing, or other essential service messages.
7. Your content
What you put into the Service stays yours. You give us a nonexclusive, worldwide licence to host, copy, process, display, and transmit it only to run, support, and improve the Service as the Privacy Policy describes, including through necessary providers and to people who hold the applicable poll link. That licence ends when the content is deleted, subject to limited backup and legal-retention copies.
You are responsible for your content. Don't post anything unlawful, infringing, defamatory, or abusive, and don't impersonate anyone. We don't review content in advance, but we may remove it or close a poll that breaks these terms, and we will disclose it if the law requires.
8. Automated and AI features
Some features use automated processing, including AI, to draft a poll or interpret replies. They can make mistakes. Review any output and confirm the final date and details yourself. Do not use the Service for emergency decisions, critical decisions, or protected medical records.
9. Acceptable use
You agree not to:
- Break the law, or help anyone else to, using the Service.
- Try to reach another person's event, account, or link, or to probe or overload the Service.
- Scrape the Service, or use it to build a mailing list or a competing product.
- Resell or sublicense the Service, or use one account to run events for many unrelated organizers.
- Copy, modify, reverse engineer, or make derivative works of the Service, or use our name or logo without our written permission.
- Send email through the Service that is unsolicited, misleading about who it is from, or in breach of section 6.
10. Reasonable use
The Service is built and priced for ordinary scheduling. Use it that way and the rest of this section will never come up.
We may use reasonable safeguards, including limits, throttling, or refusal of activity, to protect the Service and other people. We may apply them to a single account when needed. Beyond any published limit, the following are not reasonable use:
- Creating polls, accounts, or guest lists by script, except through an interface we offer for it.
- Volume out of proportion to what you pay for.
- Anything that degrades the Service for other people.
- Using the Service in a way we did not anticipate and would not have offered, after we have told you so and asked you to stop.
Where we can, we will tell you before we act and give you a chance to change what you are doing.
11. Paid features
- Some features are free and some are paid. The checkout shows the price, billing cycle, and whether a purchase auto-renews before you buy. What each offer includes, and current prices, are on the pricing page. Prices may change prospectively with notice where the law requires; a change never affects a period you have already paid for or purchased credits you already hold.
- Payment is handled by a third-party payment processor under its own terms. Prices are in US dollars and exclusive of any tax we are required to add.
- Monthly and annual subscriptions renew automatically for the period selected at checkout until you cancel through your account or by contacting us. Cancelling stops the next charge and leaves the current period intact. Any other purchase lasts as described at the time you buy it.
- Purchases are non-refundable except where consumer law provides a remedy or we failed to deliver what you paid for. If we refund a purchase, we may remove what it paid for from your account.
- If a payment fails, we may pause paid features until it goes through.
12. Availability and changes
We work to keep the Service up, but we make no promise that it will be available at any given moment, and we may change, add, or retire features. If we retire the Service or a paid feature, we will give account holders reasonable notice and refund the unused portion of any affected paid subscription and any unused purchased credits that can no longer be used. Free or promotional credits are not refundable.
13. Beta features and third-party services
Features we label beta, preview, or similar are offered so you can try them early. They may change, be unavailable, or be withdrawn without notice. We do not promise their performance or availability. This does not limit our privacy commitments, refund obligations, obligations about your content, or duties that cannot be waived.
The Service works with services run by others, which have their own terms and privacy practices. We are not responsible for them.
14. Ending things
You can stop using the Service whenever you like, and can ask us to delete your account. We may suspend or close an account, or remove a poll, if these terms are broken, if the law requires it, or if an account is being used in a way that harms the Service or other users. Where we can, we will say why. We are not liable to you or to anyone else for doing so except as the law requires. The sections that should outlast an account — limited retained-content rights, disclaimers, liability, indemnity, intellectual property, and disputes — survive only as long as needed for their stated purpose.
15. Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT EMAIL WILL BE DELIVERED, THAT AN AI READING OF A REPLY IS CORRECT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
16. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF ONE HUNDRED US DOLLARS ($100) AND THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE FIRST EVENT GIVING RISE TO A CLAIM. THESE LIMITS DO NOT APPLY TO FRAUD, WILLFUL MISCONDUCT, OR LIABILITY THE LAW DOES NOT ALLOW US TO LIMIT.
17. Indemnity
If a third party brings a claim against us because your content is unlawful or infringing, or because you breached these terms, you will indemnify us for resulting losses and reasonable costs to the extent caused by you and not our misconduct. We will give you reasonable notice and cooperation, and let you control the defense. Neither party may settle a claim imposing obligations on the other without written consent.
18. Intellectual property
The Service, its design, and the name "When Works For You" belong to us. You may use the Service as these terms allow and no more. If you believe something on the Service infringes your rights, email hi@whenworksforyou.com with where it is and why, and we will look into it and remove it if you are right.
19. Governing law
These terms are governed by Minnesota law, without regard to conflict-of-law rules. A court claim not resolved under section 20 must be brought in the state courts of Washington County, Minnesota, or the United States District Court for the District of Minnesota, as applicable. Nonwaivable consumer protections where you live remain.
20. Disputes: arbitration and class-action waiver
Please read this section carefully. It affects your rights.
Talk to us first. Before starting any formal proceeding, you agree to write to hi@whenworksforyou.com describing the dispute and what you want, and to give us 30 days to try to resolve it informally. We will do the same before bringing a claim against you. Either party may file sooner to preserve a legal deadline or seek urgent relief.
Arbitration. If we cannot resolve a dispute informally, any dispute arising out of or relating to these terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA), rather than in court. The AAA Consumer Arbitration Rules apply to a consumer claim; the AAA rules appropriate to an organization claim apply otherwise. The Federal Arbitration Act governs this section. The arbitrator may award the relief available in court, but only individually. A hearing will be remote when the rules permit; if an in-person hearing is needed, the location will be reasonably convenient as the rules provide. Fees and the final award are handled under the applicable AAA rules.
Exceptions. Either of us may bring an individual claim in small claims court instead, and either of us may ask a court for an urgent injunction to stop infringement or misuse of intellectual property or of the Service. Claims or remedies that the law does not permit to be arbitrated remain available in court.
No class actions. Disputes will be resolved on an individual basis to the extent enforceable. You and we waive the right to take part in a class action, class arbitration, or other representative proceeding for claims covered by this arbitration agreement. If this waiver cannot apply to a particular claim, that claim may proceed in court under section 19.
Opting out. You may opt out of this arbitration agreement by emailing hi@whenworksforyou.com within 30 days of first accepting these terms, with your name and contact email, plus an account email or event link if you have one. You do not need an account to opt out. Opting out does not affect any other part of these terms.
21. Changes to these terms
When we change these terms we update the date at the top. We normally post a material change on the site and email account holders at least 30 days before it takes effect. Urgent legal or security changes may take effect sooner, with notice as practicable. Changes apply prospectively, and we will seek additional assent when required. If you reject a material change, stop using the Service and contact us before it takes effect for a refund of the unused paid subscription period, where applicable.
22. General
These terms, the Privacy Policy, and the paid offer shown at checkout are the whole agreement between us about the Service. If part of them turns out to be unenforceable, the rest still applies. We may assign these terms as part of a sale of the business; you may not. Not enforcing a term today does not waive it tomorrow. Nothing here creates a partnership, agency, or employment relationship. If you send us ideas about the Service, we may use them without obligation to you. Neither of us is responsible for a delay or failure caused by events outside our reasonable control.